RFP_for_Audio_and_Control_Installations.pdf

Solicitation NMD-17-10-LC

RFP for audio and control installations

Section B of solicitation

B.1 PRICING FORM

The Pricing Form(s) listed below is attached to this solicitation in Microsoft Excel format.

Offerors are required to provide their pricing proposals by using the attached form (Attachment A) or format similar that will allow courts to identify products and services on a line item basis.

The pricing form shall be attached to and incorporated into the awarded contract document.

Pricing Form – Pricing for the Design/Programming/Install of Audio and Control Systems for

Five (5) Las Cruces Specification A courtrooms, and

Three (3) Las Cruces Specification B courtroom

** Please note: A site visit will be required to view each courtroom to have a thorough understanding of the layout and needs of each particular courtroom. Any unaccounted obstacles or challenges due to inadequate courtroom inspection will result in the costs and time covered by the vendor and not recouped from the Court. Additionally, pricing submitted for services should be a fixed price inclusive of travel. Travel cost will not be separately reimbursed.

B.2 OPTIONS

Items listed on the Pricing Form(s) as option are optional line items, exercisable in the sole discretion of the judiciary, in accordance with the applicable contract clause (see Section I, clauses 2-90A and 2-90B). These products and services shall not be provided unless and until the judiciary exercises the option for that item.

Section C – Specifications/Statement of Work

The United States District Court for the District of New Mexico requires a contractor to design and implement a functional audio and control system for use in the courtrooms within the District of New Mexico.

PART ONE – STATEMENT OF WORK

C.1 BACKGROUND

The base award for work under the proposed contract will consist of design and installation of audio and control systems for eight (8) courtrooms in Las Cruces, New Mexico.

The contractor shall design, acquire, install, integrate, configure, and test complete and operational control and audio systems that meet the requirements of the Courts. Design specifications will contain specific make and model solutions for the required equipment. The Contractor shall ensure that only the equipment and software required to satisfy the whole requirement is included and that all software and equipment are compatible with existing or known future courtroom equipment/software with which it will interface. The Government will evaluate and approve or disapprove all equipment and/or software.

C.2 DESIGN AND INSTALLATION SERVICES

The contractor shall, for each of the eight (8) courtrooms, perform the following tasks:

The Contractor shall design and install an audio and control system.

Unless otherwise noted by the contractor, the work shall include everything necessary or incidental to complete the installation including the removal and replacement of receptacle plates, wiring, cabling, electrical boxes, racks, etc. The contractor shall clearly indicate any excluded equipment/services. The contractor shall furnish all necessary designs and other information necessary to ensure that a technically acceptable audio and control system installation by the contractor is produced.

The Contractor shall restore finished hardware to original condition including any painting, millwork, and/or ceiling modifications once work is completed.

Upon completion of each courtroom, the contractor shall provide training on the installed system to court personnel. This training must be provided by contractor personnel who are able to provide comprehensive training on system operation to judiciary personnel.

The contractor shall provide audio and control systems compatible with the Judiciary’s operations, including touch panel control, page layouts and functions in accordance with a plan reviewed and approved by the judiciary.

The contractor shall provide a qualified Project Manager to supervise the project, with the following minimum qualifications:

Minimum 5 years experience in design and installation of audio/video technology similar to Courtroom Technology setting.

Expertise with design/layout/installation of Extron Control Touch Panels.

Proven and demonstrated knowledge of digitally controlled matrix audio mixers.

Previous experience with Courtroom Technology installations and upgrades.

Ability to demonstrate sound internal project management techniques and tools in the overall performance.

** Please provide resume with detailed information of Project Manager's relevant experience and work history.

The Contractor shall provide systems configured and installed for simplicity of operation and low maintenance, with user friendly controls.

The contractor shall provide information on their extended warranty and/or follow up maintenance programs.

C.3 WARRANTY SERVICE

The Contractor shall provide a minimum of one year warranty on all systems, hardware, software, and all aspects of the installed system. The one year warranty for each courtroom shall begin when the installed system in that courtroom is accepted by the Contracting Officer.

All warranty repairs made during the warranty period shall be at the sole expense of the contractor, including parts, software, labor, travel expenses, and any other cost associated with the repair.

C.4 MAINTENANCE AND REPAIR SERVICE

Maintenance Services. The contractor shall offer, as an option, a maintenance service plan for each of the two years following expiration of the warranty for each courtroom.

Emergency Repair Services. For each of the eight (8) courtrooms, emergency repair service shall be available twenty-four hours a day, every day of the year on a time-and materials basis for the first year following the warranty period.

Service Response Time. The contractor shall provide a four hour response time in providing emergency repair services and a twenty-four hour response time for routine service calls.

Emergencies are considered any aspect of the system not working during a trial or hearing.

Commercial Extended Warranty/Service Plans. In accordance with Provisions 2-15, Warranty Information, incorporated by reference into Section L.3 of this Solicitation, the contractor shall provide information on available commercial extended warranties and/or follow-on maintenance programs available as an option to the judiciary.

Qualifications of Maintenance Staff. All contractor staff performing maintenance or repairs of the courtroom technology systems shall have been fully trained and certified by the manufacturer as qualified to service the system.

C.5 ADDITIONAL ITEMS

If during the design or installation phase for any of the eight (8) courtrooms, equipment, software, or service additional to the items included in proposal provided by the contractor is determined to be necessary in order for the systems to be fully functional, and if it could not have been reasonably foreseen by the parties at the time of contract award that such equipment, software or service would be required; then the contractor shall provide such additional equipment, software, or service to the judiciary at an additional cost in accordance with 7-185, Changes in Section I.

C.6 STORAGE AND HANDLING OF EQUIPMENT/MATERIALS

Contractor shall be responsible for handling and storage of hardware and equipment items that are not immediately replaceable, so that completion of the work will not be delayed by hardware or equipment losses.

Prior to installation, contractor shall protect exposed surfaces with material, which is easily removed without marring finishes.

Space will not be provided by the court to the contractor for the purpose of pre-assembly or storage of materials.

C.7 INSTALLATION WORK SCHEDULING

Installations of the audio and control systems will take place during normal work hours.

Normal work hours are considered 8:00 a.m. to 5:00 p.m., Monday through Friday. Therefore, the contractor shall coordinate with the Contracting Officer Representative (COR) to ensure that installation work interferes as little as possible with ongoing court activities. The contractor's proposed installation schedule must be approved by the COR before start of installation work.

Work schedules can vary and vendor must be able to work around court schedule. Rooms must be done in succession. Unless approved by Court, only one courtroom can be worked on at a time to avoid disruption to ongoing court activities.

C.8 DESIGN CONSIDERATIONS

All equipment must be professional grade and rated for continuous duty.

All equipment must be self-supporting, and the Contractor must provide all necessary support hardware.

C.9 MANUALS

The contractor shall provide one electronic operation and maintenance manual to the Judiciary containing operating instructions for the system. Providing standard factory equipment operating instructions alone is not acceptable. The manual shall contain as-built schematic wiring diagrams of all systems, internal wiring diagrams of the central rack cabinet and control panels, preventative maintenance notes, and troubleshooting procedures. All information must be accurate as per written acceptance. The manual must include the Contractor name, phone number and courtroom identification.

PART 2 – PRODUCT SPECIFICATIONS

Desired Courtroom Specifications. Attachment B to this solicitation contains specifications for the eight (8) desired audio and control systems, separated into Specification A and Specification B.

Contractor Provided Equipment. All equipment and material provided by the contractor shall be new. The Contractor shall provide equipment that, where required, shall conform to the applicable requirements of the Underwriters Laboratories, Inc. local codes, the National Electrical Code, and any other governing codes. Such items shall bear a label or mark indicating their conformance to the above requirements. The contractor, at a minimum, shall meet technical specifications listed on Attachment B.

Section D - Packaging and Marking

D.1 CLAUSES INCORPORATED BY REFERENCE

Clause(s) Incorporated By Reference (see Clause B-5, Section I)

Clause Title Date

2-45 Packaging and Marking AUG 2004

Section E - Inspection and Acceptance

E.1 SUBMISSION OF DRAWINGS/DESIGNS

Drawings. Following award of the contract, the contractor shall submit proposed control panel layouts and control system flow diagrams to the judiciary for review.

Submittal. The submittals listed below are required to be submitted to the COR for each specification (see Attachment B) 30 days after contract award.

Quantity Description

1 Marked receptacle plate for floor boxes, together with submittals showing location of all receptacle boxes to be modified by the contractor

1 Touch Panel Design

1 Layout of all plates, racks, and panels

1 Audio System Signal Flow

1 Control System Signal Flow

Review of and Corrections to Submittals. The Contractor shall have ten (10) working days after receipt of judiciary comments from the COR, to make any corrections or incorporate comments into the submittals and deliver the final plan to the COR. The COR may, instead of requesting final plans, request a second draft be submitted by the contractor if the COR believes another draft is necessary prior to receiving final plans.

Acceptance of Submittals. The Judiciary will review and verify that all corrections have been made and comments, if any, are incorporated into the final submittal. Acceptance or rejection of a contractor's submittal will be formally communicated by the COR. Final acceptance of each submittal will be made by the COR in writing, with a copy of the approval provided to the Contracting Officer.

E.2 CLAUSES INCORPORATED BY REFERENCE

Clause(s) Incorporated By Reference (see Clause B-5, Section I)

2-5A Inspection of Products APR 2013

2-5B Inspection of Services APR 2013

2-10 Responsibility for Products JAN 2010

Section F - Deliveries or Performance

F.1 REQUIRED COMPLETION DATE FOR INSTALLATIONS. The Contractor shall complete the installation of each system in accordance with an agreed upon timeline and schedule approved by the court. Expectations are that four (4) courtrooms are completed before end of CY2017, and the remaining four (4) be completed by March, 2018. Completion shall mean all installation work shall have been completed, including training of judiciary personnel and delivery of the required system manual, and the contractor shall have demonstrated to the satisfaction of the COR that the system is fully functional.

F.2 CLAUSES INCORPORATED BY REFERENCE

Clause(s) Incorporated By Reference (see Clause B-5, Section I)

Clause Title Date

2-25A Delivery Terms and Contractor's Responsibility

JAN 2003

2-60 Stop Work Order JAN 2010

7-200 Judiciary Delay of Work JAN 2003

Section G - Contract Administration Data

G.1 CLAUSES INCORPORATED BY REFERENCE

Clause(s) Incorporated By Reference (see Clause B-5, Section I)

Clause Title Date

3-305 Payment by Electronic Funds Transfer- System for Award Management (SAM) Registration

APR 2013

7-1 Contract Administration JAN 2003

7-5 Contracting Officer's Representative APR 2013

7-125 Invoices APR 2011

7-125, Alt I * Invoices JAN 2010

* Note – Clause 7-125, Alt I applies to invoices for emergency services provided on a time and materials basis. All other contract items are subject to Clause 7-125.

G.2 CLAUSES INCLUDED IN FULL TEXT

6-20 Insurance – Work On or Within a Judiciary Facility APR 2011

(a) The contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the following kinds and minimum amounts of insurance:

(1) Workman's Compensation and Employee's Liability Insurance The contractor shall comply with applicable federal and state workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy.

Employer's liability coverage of at least $100,000 per incident is required.

(2) Automobile Liability Insurance The contractor shall have coverage at a minimum of $200,000 per person; $500,000 per occurrence for bodily injury; and $20,000 per occurrence for property damage.

(3) General Liability Insurance The contractor shall have coverage at a minimum of $200,000 per person and $500,000 per occurrence for death or bodily injury and $20,000 per occurrence for property damage.

(4) Self-Insurance If the contractor has been approved to provide a qualified program of self insurance, the contractor must submit any proposed changes to the program to the contracting officer for approval.

(b) Prior to beginning performance under this contract, the contractor shall provide the insurance carrier certification of the above minimum amounts.

(c) The maintenance of insurance coverage as required by this clause is a continuing obligation, and the lapse or termination of insurance coverage without replacement coverage being obtained will be grounds for termination for default.

(d) The certification evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the judiciary's interest shall not be effective:

(1) for such period as the laws of the state in which this contract is to be performed prescribe; or

(2) until 30 days after the insurer or the contractor gives written notice to the contracting officer, whichever period is longer.

(e) The contractor shall insert the substance of this clause, including this paragraph (e), in subcontracts under this contract that require work in a judiciary facility and shall require subcontractors to provide and maintain the required insurance. The contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the contracting officer upon request.

(END)

7-10 Contractor Representative JAN 2003

(a) The contractor's representative to be contacted for all contract administration matters is as follows (contractor complete the information):

Name:

Address:

Telephone:

Email:

Fax:

(b) The contractor's representative shall act as the central point of contact with the judiciary, shall be responsible for all contract administration issues relative to this contract, and shall have full authority to act for and leg- ally bind the contractor on all such issues.

Section H - Special Contract Requirements

H.1 CLAUSES INCORPORATED BY REFERENCE

Clause(s) Incorporated By Reference (see Clause B-5, Section I)

Clause Title Date

1-1 Employment by the Government JAN 2003

7-55 Contractor Use of Judiciary Networks JUN 2014

H.2 CLAUSES INCLUDED IN FULL TEXT

2-65 Key Personnel APR 2013

(a) Individuals identified below as key personnel and accepted for this contract are expected to remain dedicated to this contract. However, in the event that it becomes necessary for the contractor to replace any of the individuals designated as key personnel, the contractor shall request such substitutions in accordance with this clause. Substitution of key personnel will be considered under the following circumstances only:

(1) All substitutes shall have qualifications at least equal to those of the person being replaced.

(2) All appointments of key personnel shall be approved in writing by the contracting officer, and no substitutions of such personnel shall be made without the advance written approval of the contracting officer.

(3) Except as provided in paragraph (4) of this clause, at least 10 days in advance of the proposed substitution, all proposed substitutions of key personnel shall be submitted in writing to the contracting officer, including the information required in paragraph (5) of this provision.

(4) The following identifies the requirements for situations where individuals proposed as key personnel become unavailable because of sudden illness, death or termination of employment. The contractor shall within 5 work days after the event, notify the contracting officer in writing of such unavailability. If the event happens after award, the contracting officer will determine if there is an immediate need for a temporary substitute and a continuing requirement for a permanent substitute for the key personnel position.

The contracting officer will promptly inform the contractor of this determination. If the contracting officer specifies that a temporary substitute is required, the contractor shall as soon as is practical identify who will be performing the work as a temporary substitute. The temporary substitute will then start performance on a date mutually acceptable to the contracting officer and the contractor. Within 15 work days following the event, if the contracting officer specifies that a permanent substitute is required, the contractor shall submit, in writing, for the contracting officer's approval, the information required in (5) and (6) below, for a proposed permanent substitute for the unavailable individual. The approval process will be the same as (7) below.

(5) Request for substitution of key personnel shall provide a detailed explanation of the circumstances necessitating substitution, a resume of the proposed substitute, and any other information requested by the contracting officer to make a determination as to the appropriateness of the proposed substitute's qualifications. All resumes shall be signed by the proposed substitute and his/her formal (per company accepted organizational chart) direct supervisor or higher authority.

(6) As a minimum (or as otherwise specified in the solicitation), resumes shall include the following:

(a) name of person;

(a.1.i.1.a) functional responsibility;

(a.1.i.1.b) education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours);

(a.1.i.1.c) citizenship status;

(a.1.i.1.d) experience including, in reverse chronological order for up to ten years, area(s) or work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descriptions of experience for each position held including specific experience related to the requirements of this contract; and

(a.1.i.1.e) certification that the information contained in the resume is correct and accurate (signature of key person and date signed, and signature of the supervisor or higher authority and date signed will be accepted as certification).

(1) The contracting officer will promptly notify the contractor in writing of his/her approval or disapproval of all requests for substitution of key personnel. All disapprovals will require re-submission of another proposed substitution within 15 days by the contractor.

(b) The following individuals are designated as key personnel under this contract: Project Manager [Officer to add name upon contract award]

Section I - Contract Clauses

I.1 CLAUSES INCORPORATED BY REFERENCE

Clause(s) Incorporated By Reference (see Clause B-5, Section I)

B-20 Computer Generated Forms JAN 2003

1-5 Conflict of Interest AUG 2004

1-10 Gratuities or Gifts JAN 2010

1-15 Disclosure of Contractor Information to the Public

AUG 2004

2-20A Incorporation of Warranty JAN 2003

2-90A Option for Increased Quantity APR 2013

2-130 Energy Efficiency in Energy-Consuming Products

APR 2013

3-140 Notice to the Judiciary of Labor Disputes JAN 2003

3-25 Protecting the Judiciary's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2014

3-35 Covenant Against Contingent Fees JAN 2003

3-40 Restrictions on Subcontractor Sales to the Government

JUN 2014

3-45 Anti-Kickback Procedures JUN 2012

3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JUN 2012

3-55 Price or Fee Adjustment for Illegal or Improper Activity

JUN 2012

3-105 Audit and Records APR 2011

3-120 Order of Precedence JAN 2003

3-155 Walsh-Healey Public Contracts Act JUN 2012

3-205 Protest after Award JAN 2003

3-300 Registration in the System for Award Management (SAM)

APR 2013

6-40 Federal, State, and Local Taxes JAN 2003

4-30* Payment (Time-and-Materials and Labor- Hour Contracts)

APR 2011

7-15 Observance of Regulations/Standards of Conduct

JAN 2003

7-20 Security Requirements APR 2013

7-25 Indemnification AUG 2004

7-30 Public Use of the Name of the Federal Judiciary

JUN 2014

7-35 Disclosure or Use of Information APR 2013

7-40 Judiciary-Contractor Relationships JAN 2003

7-65 Protection of Judiciary Buildings, Equipment and Vegetation

APR 2013

7-85 Examination of Records JAN 2003

7-100A Limitation of Liability (Products) JAN 2003

7-100B Limitation of Liability (Services) JAN 2003

7-110 Bankruptcy JAN 2003

7-130 Interest (Prompt Payment) JAN 2003

7-135 Payments APR 2013

7-140 Discounts for Prompt Payment JAN 2003

7-150 Extras JAN 2003

7-175 Assignment of Claims JAN 2003

7-185 Changes APR 2013

7-210 Payment for Emergency Closures APR 2013

7-215 Notification of Ownership Changes JAN 2003

7-220 Termination for Convenience of the Judiciary (Fixed Price)

JAN 2003

7-230 Termination for Default - Fixed-Price Products and Services

JAN 2003

7-235 Disputes JAN 2003

* Note – Clause 4-30 applies to emergency services provided on a time and materials basis. All other contract items are subject to Clause 7-135.

I.2 CLAUSES INCLUDED IN FULL TEXT

B-5 Clauses Incorporated by Reference SEP 2010 This procurement incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx.

(END)

2-90C Option to Extend Services APR 2013 The judiciary may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance here under shall not exceed 6 months. The contracting officer may exercise the option by written notice to the contractor no later than 30 calendar days prior to the contract's current expiration date.

Section J – List of Attachments Attachment A: Pricing Form and Equipment Requirements

Attachment B: Audio & Control – Technical Requirements for Upgrade

Section K – Representations, Certifications and Other Statements of Offerors or Respondents

K.1 PROVISIONS INCLUDED IN FULL TEXT

Provision 3-5 Taxpayer Identification and Offeror Information APR 2011

(a) Definition.

"Taxpayer Identification (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a social security number or an employer identification number.

(b) All offerors shall submit the information required in paragraphs (d) and (e) of this provision to comply with debt collection requirements of 31 U.S.C. §§ 7701(c) and 3325(d), reporting requirements of 26 U.S.C. §§ 6041, 6041A, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.C. § 7701(c)(3)). If the resulting contract is subject to payment recording requirements, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN): ______________________________

TIN has been applied for:

TIN is not required, because:

❒ Offeror is a nonresident alien, foreign corporation or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

❒ Offeror is an agency or instrumentality of a foreign government;

❒ Offeror is an agency or instrumentality of the federal government.

(e) Type of Organization:

❒ sole proprietorship;

❒ partnership;

❒ corporate entity (not tax-exempt);

❒ corporate entity (tax-exempt);

❒ government entity (federal, state or local);

❒ foreign government;

❒ international organization per 26 CFR 1.6049-4;

❒ other

(f) Contractor representations. The offeror represents as part of its offer that it is not 51% owned and the management and daily operations are controlled by one or more members of the selected socio-economic group(s) below:

❒ Women Owned Business

❒ Minority Owned Business (if selected then one sub-type is required)

❒ Black American Owned

❒ Hispanic American Owned

❒ Native American Owned (American Indians, Eskimos, Aleuts, or Native Hawaiians)

❒ Asian-Pacific American Owned (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)

❒ Subcontinent Asian (Asian-Indian) American Owned (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal)

❒ Individual/concern, other than one of the preceding.

(END)

Provision 3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters (APR 2011)

(a) (1) The offeror certifies, to the best of its knowledge and belief, that:

(i) the offeror and/or any of its principals:

(A) are / are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency;

(B) have / have not within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating federal criminal tax laws, or receiving stolen property;

(C) are / are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) have / have not within a three-year period preceding this offer, been notified of any delinquent federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. § 362 (the Bankruptcy Code).

(ii) The offeror has has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any federal agency.

(2) "Principal," for the purposes of this certification, means an officer; director; owner;

partner or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division, or business segment, and similar positions).

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. § 1001.

(b) The offeror shall provide immediate written notice to the contracting officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror's responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the contracting officer may render the offeror nonresponsible.

(d) Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the judiciary, the contracting officer may terminate the contract resulting from this solicitation for default.

(END)

3-30 Certification of Independent Price Determination (JAN 2003)

(a) The offeror certifies that:

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement, with any other offeror or with any competitor relating to:

(A) those prices;

(B) the intention to submit an offer; or

(C) the methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or contract award unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory –

(1) is the person in the offeror's organization responsible for determining the prices in this offer, and that the signatory has not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision;

(2) or

(i) has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices in this offer, and the title of his or her position in the offeror's organization);

(ii) as an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision; have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) as an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror shall furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

3-130 Authorized Negotiators JAN 2003 The offeror represents that the following persons are authorized to negotiate on its behalf with the judiciary in connection with this solicitation (offeror lists names, titles, and telephone numbers of the authorized negotiators).

Name:

Title:

Telephone:

Fax:

E-mail:

Section L – Instructions, Conditions and Notice to Offerors

L.1 PROPOSAL CONTENT

To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained in this solicitation. Proposals must be complete, well organized, self-sufficient (i.e., understandable without reference to extraneous documents other than this solicitation) and respond directly to the requirements of this solicitation. Proposals should be fixed price (except for line items for emergency services which shall be priced on a time and materials basis), and alternative pricing to fixed price will not be accepted (except for line items for emergency services which shall be priced on a time and materials basis). However, alternative proposals offering different equipment or technological solutions will be accepted in accordance with the terms of Provision 3-100, Alt II, Instructions to Offerors.

Proposals shall consist of two (2) separate sections: Section 1 – Completed Solicitation Documentation and Price Proposal; and Section 2 – Technical Proposal.

Section 1 – Completed Solicitation Documentation and Price

(a) Price Proposal.

Price information shall be confined to the Price Section of the proposal and shall not be included in any other section of the Solicitation. Proposed pricing for equipment and services (equipment and services for the installation of eight (8) courtrooms) shall be provided on the Pricing Form provided as Attachment A to this solicitation. The pricing sheet is for pricing all eight (8) courtroom audio and control installations. The offeror should revise the pricing form as necessary to provide pricing for necessary services and equipment. For equipment, the offeror must revise the line item description to include the make, model, quantity and proposed unit and total price for each piece of equipment offered. Pricing for all equipment and services shall be on fixed price basis, except for pricing for emergency repair services. Pricing for emergency repair services (for services not covered under the warranty) shall be at a fixed hourly rate in accordance with Provisions 4-27, Time-and-Materials/Labor-Hour Proposal Requirements – Competitive Pricing. The contracting officer has determined there is a high probability of adequate price competition in this acquisition and intends to evaluate pricing using price analysis techniques applied to pricing form provided by offerors. If adequate price competition is not obtained or if price reasonableness cannot be determined by applying price analysis to the price form information, the judiciary may request additional pricing information in order to determine that pricing is reasonable

(b) Solicitation Documentation.

The offeror shall fill in required information on the cover page of the Solicitation SF-33, and submit the cover page signed by an authorized official of the offeror in accordance with Provision 3-95, Preparation of Offers. The offeror must attach to the SF-33 cover page a completed copy of Section K of the Solicitation, and information required to be provided by Section G of the Solicitation or by any other Provision or Clause of the Solicitation (including those incorporated by reference). Electronic copies of this Section of the proposal shall include an Acrobat PDF file capturing the authorized signature of the offeror on the cover page of the SF-33.

Section 2 – Technical Proposal

(a) Equipment and Services. The offeror shall provide a description of services proposed to be provided in accordance with the requirements of this solicitation, together with a detailed schedule of equipment showing, for each piece of equipment, the offered brand name and catalog number, and information/descriptive material necessary for the judiciary to determine whether the equipment and services offered meets the requirements of this solicitation. The format for the schedule of equipment shall be the Price List, but with the pricing information removed, and the product description expanded as required to demonstrate the capabilities of the offered equipment to meet or exceed solicitation requirements.

(b) Key Personnel. The offeror shall submit a resume for the Project Manager proposed to oversee the design and all installations related to this project. The resume shall contain the following information: (i) name of person; (ii) relevant education and certifications received; and (iii) experience within the last three years in performing or overseeing work similar to that required by the solicitation.

(c) Past Performance. Offerors shall submit a list of not more than five (5) recent, relevant contracts performed by the offeror on a fixed price basis. To be considered recent, work must have been performed under the referenced contract during the three years preceding the issue date of this solicitation. To be considered relevant, the offeror must have provided equipment, and performed installation and maintenance services, similar in scope and magnitude to that required by this solicitation. The list must include the name of the customer for which work was performed, a brief description of work performed (sufficient to indicate that the contact is relevant), the contract number, the dollar value of the contract, the period of performance, and at least one point of contact at the customer with knowledge about the quality of the offeror's performance under the referenced contract.

L.2 AWARD WITHOUT DISCUSSIONS

As stated in judiciary provision 3-100, Instruction to Offerors, the judiciary intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer shall contain the offeror's best terms from a price and technical standpoint. However, the judiciary reserves the right to conduct discussions if the contracting officer later determines them to be necessary.

L.3 PROVISIONS INCLUDED IN FULL TEXT

4-1 Type of Contract (JAN 2003) The judiciary plans to award a fixed price type of contract under this solicitation (except for line items for emergency services which shall be priced on a time and materials basis), and all offers shall be submitted on this basis. Alternate offers based on other contract types will not be considered.

* NOTE – The following Provision 4-27 applies only to line items for emergency services. All other line items are to be offered on a fixed price basis.

4-27* Time-and-Materials/Labor-Hour Proposal Requirement – Competitive Pricing

(APR 2011))

(a) The judiciary contemplates award of a time-and-materials or labor-hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by –

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control;

(c) The offeror must establish fixed hourly rates using –

(1) Separate rates for each category of labor to be performed by each subcontractor and for each category of labor to be performed by the offeror, and for each category of labor to be transferred between divisions, subsidiaries, or affiliates of the offeror under a common control;

(2) Blended rates for each category of labor to be performed by the offeror, including labor transferred between divisions, subsidiaries, or affiliates of the offeror under a common control, and all subcontractors; or

(3) Any combination of separate and blended rates for each category of labor to be performed by the offeror, affiliates of the offeror under a common control, and subcontractors.

B-1 Solicitation Provisions Incorporated by Reference SEP 2010 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx.

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L.4 PROVISIONS INCORPORATED BY REFERENCE

Provision Title Date

2-15 Warranty Information JAN 2003

3-85 Explanation to Prospective Offerors AUG 2004

3-95 Preparation of Offers APR 2013

3-100, Alt II Instructions to Offerors APR 2013

3-210 Protests JUN 2014

Section M – Evaluation Factors for Award

M.1 BASIS FOR AWARD

The Lowest Price Technically Acceptable (LPTA) source selection process, conducted in accordance with Section 330 of Volume 14 of the Guide to Judiciary Policy (Guide), will be used as the basis for selecting a proposal for award. The Guide is available at http://www.uscourts.gov/procurement.aspx. Award will be made to the responsible offeror whose proposal is determined to conform to all required terms and conditions of this solicitation, include all required representations and certifications, meet all requirements set forth in this solicitation and provide the lowest evaluated price while meeting or exceeding acceptability standards, based on the results of the evaluation described below. Any finding of Deficiency, defined as an aspect of a proposal that fails to meet a minimum requirement, will cause an offer to be rated "Technically Unacceptable" and will therefore eliminate that offer from consideration for award.

M.2 EVALUATION APPROACH

The judiciary shall use the following approach to evaluate proposals received:

Section 1 – Price Proposal and Solicitation Documentation

(a) Price Reasonableness.

The existence of price competition is expected to support a determination of price http://www.uscourts.gov/procurement.aspx reasonableness. Price analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of information in the proposals, the judiciary may request additional pricing information in order to determine that pricing is reasonable.

(b) Total Evaluated Price.

A total evaluated price will be determined for each offer by adding the total price for all options to the total price for the basic requirement.

(c) Unbalanced Pricing.

Any offer that is materially unbalanced as to prices for basic and option quantities may be rejected. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is determined by the judiciary to be significantly overstated or understated.

Section 2 – Technical Proposal

The judiciary will evaluate the technical proposal as acceptable or unacceptable, based on the following criteria. Being rated "Unacceptable" under either of the two evaluation criteria will render a proposal Technically Unacceptable and therefore not eligible for award.

(a) Compliance of Equipment/Services with Solicitation Requirements.

Proposals will be evaluated to determine whether or not the equipment and services proposed meet the minimum requirements of the solicitation. Proposals that meet the minimum requirements will be rated "Acceptable" and those that do not will be rated "Unacceptable" under this evaluation criterion.

(b) Key Personnel.

The judiciary will evaluate the resume provided for the proposed Project Manager and determine whether the resume demonstrates that the individual has the necessary skills, education and experience to successfully manage the installation of courtroom technology systems. If the necessary skills, education and experience are demonstrated, the proposal will be rated "Acceptable", and if not will be rated "Unaceptable" under this evaluation criterion.

(c) Past Performance.

The judiciary will evaluate the offeror’s record of recent, relevant past performance to ascertain whether the offeror's history of past performance demonstrates an acceptable level of quality or not. Quality assessments will include review of customer satisfaction with respect to compliance of services/products to contract requirements, effectiveness of project management, timeliness of performance, commitment to customer satisfaction and business-like conduct, and other comments made by relevant points of contact. Offeror's demonstrating an acceptable quality of past performance will be rated "Acceptable" and those that do not will be rated "Unacceptable" under this evaluation criterion.

M.3 INFORMATION TO BE USED IN MAKING AWARD DECISION

The judiciary will make an award decision based on information in the submitted proposals and upon recent, relevant past performance information. The judiciary will make a best effort to gather information about the quality of the offeror's past performance under each past performance contract referenced in the offeror's proposal. In addition to gathering information from sources identified by the offeror in its proposal, the judiciary may use data obtained from other sources, including data in government files or data obtained through interviews with personnel familiar with the offeror and its/their performance under recent, relevant Federal, State or Local government or commercial contracts in order to assess the quality of the offeror's past performance.

M.4 AWARD ON INITIAL PROPOSALS/DISCUSSIONS

As stated in judiciary provision 3-100, Instruction to Offerors, the judiciary intends to evaluate offers and award a contract without discussions with offerors. However, the judiciary reserves the right to conduct discussions if the contracting officer later determines them to be necessary.

A technical evaluation shall be conducted on all proposals, after which the contracting officer shall decide whether to make award on initial proposals, make no award, or hold discussions.

If the contracting officer decides to hold discussions, the contracting officer shall…