RFPQ No. DCSC-26-RFPQ-1 (Establishing a Roster of Pre-Qualified Research Entities for SMD)_ Entire RFPQ.pdf

Solicitation No.: DCSC-26-RFPQ-1 - Establishing a Roster of Pre-Qualified Research Entities for SMD Page 1 of 13

District of Columbia Courts

Administrative Services Division

Procurement and Contracts Branch

REQUEST FOR PRE-QUALIFICATION

FOR

ESTABLISHING A ROSTER OF PRE-QUALIFIED RESEARCH ENTITIES FOR

STRATEGIC MANAGEMENT DIVISION, GRANTS MANAGEMENT PROGRAM

Solicitation Number: DCSC-26-RFPQ-1

Date Issued: August 20, 2026

Questions Due Date: No later than 1:00 p.m. EDT on August 28, 2026

Response Due Date & Time: No later than 1:00 p.m. EDT on September 18, 2026

Solicitation No.: DCSC-26-RFPQ-1 - Establishing a Roster of Pre-Qualified Research Entities for SMD Page 2 of 13

Executive Summary

The District of Columbia Courts (“Courts” or “DCC”) on behalf of the Strategic Management

Division, Grants Management Program (“SMD) is issuing this Request for Pre-Qualification

(“RFPQ”) to solicit Statements of Qualifications (“SOQs”) from those entities (“Offerors”) interested in performing grant funded research opportunities as specified in Section C

(Description/Specifications/Work Statement).

SMD seeks to establish a roster of pre-qualified research entities interested in and available to engage in grant-funded research opportunities.

A.1. GOAL & DELIVERY METHOD

A.1.1 The goal of this RFPQ is to pre-qualify contractors with the experience necessary to perform the grant funded research projects listed in Section B.1 and establish a roster of pre-qualified research entities that can quickly compete for grant funded research opportunities as they arise. The Courts will evaluate SOQs in accordance with the evaluation criteria (Section D) and those offerors that their SOQs meet the RFPQ requirements and will be most advantageous to the Courts, considering; Experience &

Qualifications; Past Performance and Customer Service; and Organizational Capacity and Operational Readiness will be pre-qualified and issued a Pre-qualification Letter.

A.1.2 Offerors should note; however, no award will be made from this RFPQ, and the Pre-qualification Letter will not authorize any specific work or constitute a guarantee that any research work will be assigned to an offeror. All grant funded research opportunities will be competed and awarded accordingly.

A.1.3 The pre-qualification remains valid for a period of two (2) years from the date of the notice with the possibility of an additional year extension at the discretion of the

Contracting Officer.

A.2. OPEN MARKETS

This RFPQ is issued on an unrestricted / open market basis.

A.3. SAM REGISTRATION

The prospective contractor/offeror must be registered through the Federal System For

Award Management (SAM) at https://www.sam.gov. SAM.gov is an official U.S.

government website. There is no cost to use SAM. You can use SAM.gov for FREE to:

• Register to do business with the U.S. government.

• Update or renew your entity registration.

• Check status of an entity registration.

• Search for entity registration and exclusion records.

Solicitation No.: DCSC-26-RFPQ-1 - Establishing a Roster of Pre-Qualified Research Entities for SMD Page 3 of 13

A.4. COMMUNICATIONS AND QUESTIONS FROM PROSPECTIVE OFFERORS

All written communication regarding this RFPQ should be submitted by email to Mr.

Ahmad Stanekzai, Senior Contract Specialist, at ahmad.stanekzai@dccsystem.gov.

Questions from prospective offerors must be submitted no later than 1:00 p.m. EST on

August 28, 2026. The Courts will not consider any questions received after that time.

A.5. SOQ IDNETIFIATION AND SUBMISSSION:

A.5.1 The Offerors must submit an electronic PDF copy of its SOQ via email to ahmad.stanekzai@dccsystem.gov no later than September 18, 2026, 1:00 p.m., EST with the following subject line:

RFPQ No. DCSC-26-RFPQ-1: Establishing a Roster of Pre-Qualified Research

Entities for SMD

A.6. RFPQ AMENDMENTS

The Courts will post all amendments, addenda, and responses to offeror questions on the

DC Courts website https://www.dccourts.gov/dc-courts/solicitations and the Federal

Government website at https://sam.gov/content/opportunities. Oral explanations or instructions given by Courts officials or staff before the pre-qualification process, selection, and award of the contract will not be binding.

NOTE: Offeror may acknowledge RFPQ amendments and addenda on the addendum itself and include in their submissions.

A.7. DEFINITIONS

A.7.1 Grants Management Program - Coordinates and administers grants to support the

Courts’ development and operations. Serving as a liaison between the Courts and funding agencies, the program helps secure grants and ensure compliance with grant requirements and policies.

A.7.2 Strategic Management Division (SMD)- The division performs strategic planning, grant administration, analysis, research, and performance measurement functions to enhance strategic management of the DC Courts.

A.7.3 Statements of Qualification (SOQ(s)) - The SOQs are formal documents submitted by the offerors or contractors to prove their capability, financial stability, and past performance for the Courts’ review, assessment, and evaluation before being allowed to bid on specific grant funded research projects. It serves as a screening tool to ensure only pre-qualified firms and entities are shortlisted and included in the roster of pre-qualified research entities.

End of Section A https://www.dccourts.gov/dc-courts/solicitations https://sam.gov/content/opportunities

Solicitation No.: DCSC-26-RFPQ-1 - Establishing a Roster of Pre-Qualified Research Entities for SMD Page 4 of 13

SECTION B - DESCRIPTION / SPECIFICATIONS / SCOPE

B.1 The selected, pre-qualified contractors shall perform grant-funded research projects through a competitive award process. Pre-qualified contractors will be notified of opportunities as the need arises, and the Courts will issue solicitations for specific grant-funded research opportunities. Sample research project types include, but are not limited to, the following non-exhaustive list.

a. Juvenile justice

b. Eviction

c. Adult and juvenile specialty courts (mental health, drug, etc.)

d. Diversion programs

e. Domestic violence

f. Recidivism

g. Second look/chance laws

h. Family mediation

i. Technology in courts

j. Alternative dispute resolution

k. Debt collection cases

l. Court management innovation, i.e.:

(organizational design and staffing, financial management and budgeting, case processing costs)

m. Clean slate laws

n. Appellate practice and procedure

o. Access to Justice initiatives

Specific grant-funded research projects will be detailed in the applicable solicitations.

B.2 Overview of District of Columbia Court System (DCCS)

B.2.1 The DC Courts is the judicial branch of the District of Columbia and comprises

Three entities: the District of Columbia Court of Appeals, the Superior Court of the

District of Columbia, and the District of Columbia Court System (“DCCS”). DCCS includes the Executive Office and administrative offices that support both courts. The

DC Courts is a fully unified large urban court system with over 95 judicial officers and approximately 1,200 employees.

B.2.2 The Courts include the Court of Appeals, the District of Columbia’s highest court, the Superior Court, a trial court of general jurisdiction, and the Court System, which provides administrative functions for both courts. Because the District of Columbia has no intermediate appellate court, the Court of Appeals hears all cases appealed from the trial court. The Court of Appeals also reviews decisions and orders of D.C. Government administrative agencies. Final judgments of the Court of Appeals are reviewable by the U.S. Supreme Court.

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B.2.3 The Superior Court has five major operating divisions which process civil, criminal, domestic violence, family, probate, and tax cases. The Court also operates the juvenile probation function for the District of Columbia, mediation programs and a

Crime Victims Compensation Program which provides financial assistance to victims of violent crime and their families.

B.2.4 The Court System provides business support services, including, but not limited to, capital projects, facility management, budget and finance, administrative services, human resources, legal counsel, training, planning, research and development, court reporting, and information technology.

B.2.5 The Strategic Management Division’s Grants Management Program is responsible for the grant seeking and management for nearly all grants at the DC Courts.

The Division primarily manages awards from federal funding agencies including the

Department of Justice, Department of Health and Human Services and local District government agencies.

B.3 Requirements – Establishing a Roster of Qualified Research Entities for SMD

B.3.1 SMD has identified a need for research and data collection across various divisions. In SMD’s investigation into potential funding opportunities, SMD has identified a gap in terms of application requirements. Many grant opportunities, specifically those from the National Institute of Justice, require applicants to identify a

Primary Investigator (PI) at the time of the initial grant application. Because of the DC

Courts procurement guidelines, a PI cannot be identified upfront, preventing the Courts from being able to submit a complete application.

B.3.2 To resolve this bottleneck, SMD is exploring the development of a list of pre-qualified research entities. This repository will allow the Courts to efficiently identify, vet, and reference qualified research entities during the application phase, while maintaining full alignment with procurement requirements. All grant-funded research opportunities are subject to a competitive award process.

B.3.3 Research questions and guidelines will be based on the needs identified by the

Courts.

End of Section B

Solicitation No.: DCSC-26-RFPQ-1 - Establishing a Roster of Pre-Qualified Research Entities for SMD Page 6 of 13

SECTION C - STATEMENT OF QUALIFICATION FORM, ORGANIZATION,

AND CONTENT

C.1 SOQs must be submitted electronically in PDF file titled:

Volume 1 – SOQ Response

C.2 The Offeror must conspicuously mark the first page of the SOQ with the name and address of the Offeror and the following:

Solicitation Number: DCSC-26-RFPQ-1

Caption: Establishing a Roster of Pre-Qualified Research Entities for SMD

Proposal Due Date & Time: September 18, 2026, 1:00 p.m., EST

C.3 SOQs must be typed in Times New Roman 12-point font size with 1-inch margins.

C.4 Offerors are directed to the SOQs evaluation criteria in Section D of the solicitation

(Evaluation Factors for Pre-qualification). The Offeror must address each factor in a way that will allow the Courts to evaluate the Offeror’s SOQ. The Offeror must submit information in a clear, concise, factual, and logical manner providing a comprehensive description of services and delivery thereof.

C.5 Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired.

Elaborate artwork, expensive paper and bindings, and expensive visual and other presentation aids are neither necessary nor desired.

C.6 Offerors’ SOQs must be organized by tabs as follows:

Tab Section Page limit

A Contractor Information and Disclosure

(excluding Section E

Attachments)

B Experience and Qualifications

C Past Performance and Customer Service

D Organizational Capacity and Operational Readiness 3

TAB A – CONTRACTOR INFORMATION AND DISCLOSURES

The following information and disclosures must be provided in Tab A:

(i) A transmittal letter briefly summarizing the Offeror’s interest and ability to

Solicitation No.: DCSC-26-RFPQ-1 - Establishing a Roster of Pre-Qualified Research Entities for SMD Page 7 of 13 provide the requested research services that meet RFPQ requirements. The letter must contain a statement indicating the Offeror’s willingness to provide the requested services subject to the terms and conditions set forth in the RFPQ. The letter must be signed by a person legally authorized to commit the Offeror to its representations and who can certify that the information offered meets all general conditions.

(ii) Name, address, website, current phone number, and DUNS and Federal

ID Number of the Offeror.

(iii) Name, address, email, and current phone number of Offeror’s contact person for this proposal.

(iv) Brief history of the Company.

(v) Copy of any current license, permit, registration, or certification to transact business in the District of Columbia (“license”), if required by law to obtain such license. If the Offeror does not provide a copy of a required license(s) to transact business in the District of Columbia, the offer must certify its intent to obtain such license(s) prior to contract award or provide its exemption from such requirements.

(vi) Completed Certifications, Representations, Statements, Affidavits, and all other disclosures required under Section E.

(vii) A list, including descriptions of all legal actions and litigation within the past 5 years (including pending actions and litigation) against the Offeror resulting from its performance of: (a) government or commercial contract for the required or proposed services.

(viii) A statement that the Offeror knows of no conflict between its interests and those of the District of Columbia Courts; and further that the Offeror knows of no facts or circumstances that might create the appearance of a conflict between its interests and those of the District of Columbia Courts.

TAB B – EXPERIENCE AND QUALIFICATIONS

The information in Tab C will facilitate the Courts’ evaluation of the Offeror’s experience and qualifications to provide the required research opportunities detailed in Section B.1.

(i) Experience in providing research Services. Offerors must describe, in no more than five

(5) pages, their experience providing grant funded research services as described in Section

B. The SOQ must include a list of at least three (3), but no more than five (5), projects/contracts of a similar scope, size, and complexity to the requirements, delivered within the last three (3) years. The Offeror must provide sufficient details such as contract dates, contract amount, goods and services provided, indicate academic, contract or grant funded or project dates, current contact information, documented experience navigating human subjects protections, drafting IRB protocols, and managing ethical considerations involving vulnerable populations, familiarity with federal grant programmatic reporting requirements and any additional relevant information needed to substantiate the Offeror’s performance of the contract.

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(ii) Key Personnel. Offerors must include resumes of key personnel and describe the qualifications of key personnel to perform the specified work as described in Section B.

Include, at a minimum, the following:

a) Name and job title

b) Resume (not included in page limits)

c) Qualified researchers would, at minimum, have the following requirements:

1) Advanced Degree: Proposed Principal Investigators (PIs) and senior research staff must hold a Ph.D., or an equivalent terminal degree from an accredited institution in Criminology, Criminal Justice, Sociology, Public Policy, Behavioral Psychology, or a closely related social science discipline. Candidates holding a Master’s degree

(e.g., J.D., M.A., M.S., M.P.P., M.P.A.) will be considered, provided they demonstrate an extensive, documented track record of executing large-scale, independent empirical research within the criminal justice sectors.

2) Research Experience: Key personnel must possess hands-on experience conducting applied mixed methods of research. Qualifying experience may include academic appointments, completed post-doctoral fellowships, extensive graduate-level independent research initiatives, or applied research conducted with a private research firm or organization.

3) Priority consideration will be assigned to researchers with a demonstrated history of research in one or more of the focal areas listed in Section B.1 on page 4. Additional requirements are:

o A deep understanding of quantitative and qualitative data collection and study design o Data analysis: proficiency in interpreting data and using relevant statistical software o Familiarity with research databases and citation tools o Documented experience navigating human subject protections, drafting IRB protocols, and managing ethical considerations involving vulnerable populations (e.g., minors, incarcerated individuals, victims of trauma) is highly preferred.

o Familiarity with federal grant programmatic and reporting requirements.

The ability to produce scholarly products. For example: published, peer-reviewed, scientific journal articles, and/or (if appropriate) law review journal articles, book chapters or books in the academic press, or similar scientific products.

TAB C – PAST PERFORMANCE AND CUSTOMER SERVICE

The information in Tab C will facilitate the Courts’ evaluation of the quality of the Offeror’s customer service and recent history delivering and performing the requirements in Section B.

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Offerors must illustrate their reputation for reasonable and cooperative behavior and commitment to high quality customer satisfaction. The Offeror must provide the following:

(i) Past Performance Evaluation Form. A past performance evaluation form (Attachment

I) for each project/contract identified in Section (i) of Tab C. The forms will be used to query prior and/or current customers regarding the Offeror’s performance, customer service, and related factors. It is the offeror’s responsibility to ensure that each evaluation form is thoroughly completed, including required remarks and comments, and signed by the evaluator.

(ii) Terminated Contracts. The Offeror must list any government contracts lost, terminated, or not renewed in the last five (5) years, including by any District of Columbia agency.

Thoroughly describe the circumstances and reasons for the loss or termination and contact information for the client.

TAB D - ORGANIZATIONAL CAPACITY AND OPERATIONAL READINESS

The information in Tab D will facilitate the Courts’ evaluation of the quality of the Offeror’s organizational capacity and operational readiness. The Offeror must provide documentation demonstrating they have the capacity, infrastructure, analytical tools, data security procedures, and administrative systems necessary to begin work quickly and execute research projects effectively.

Provide the following:

Description of Technical Infrastructure outlining analytic tools, software, data platforms, and other technical resources used for research, data management, and deliverable production.

• Percentage of grant funds retained for administrative/overhead purposes

• Financial and administrative systems for managing compliance, reporting, and grant financial management

Disclosure of Minimum Award Thresholds indicating any minimum or maximum grant amounts the organization will accept, including internal policies governing project size, funding levels, or resource allocation.

Description of Internal Approval Timelines detailing workflow and typical turnaround times for obtaining internal approval to participate as a grant applicant, obtain IRB approval, and required reviews or authorizations.

C.7 CONFIDENTIALITY OF SUBMITTED INFORMATION

(a) If a SOQ contains trade secrets, proprietary information, or other data that an Offeror does not wish to be disclosed to the public or used by the District of Columbia Courts except for use in the procurement process, the Offeror must mark the title page of each proposal volume with the following legend:

Solicitation No.: DCSC-26-RFPQ-1 - Establishing a Roster of Pre-Qualified Research Entities for SMD Page 10 of 13

“This SOQ includes data that shall not be disclosed outside the Courts and shall not be duplicated, used or disclosed in whole or in part for any purpose except for use in the procurement process.”

If, however, a contract is awarded to this Offeror as a result of or in connection with the submission of this data, the Courts will have the right to duplicate, use, or disclose the data to the extent consistent with the Courts’ needs in the procurement process. This restriction does not limit the Courts’ rights to use, without restriction, information contained in this proposal if it is obtained from another source. The data subject to this restriction are contained in sheets

(insert page numbers or other identification of sheets).

Mark each sheet of data it wishes to restrict with the following legend:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this SOQ.”

(b) The District of Columbia Freedom of Information Act (FOIA) is not applicable to the D.C.

Courts. Therefore, proposals or any submission by an offeror in connection with procurement shall not be subject to public disclosure pursuant to FOIA. However, the offeror must invoke the protection of this section prior to or upon submission of the data or other materials; must identify the specific area or scope of data or other materials to be protected; and state the reasons why protection is necessary. A blanket proscription that the offeror’s entire proposal is proprietary will have no effect whatsoever.

(c) Note that the District of Columbia Courts shall have the right to duplicate, use, or disclose the data to the extent consistent with the Court’s internal needs in the procurement process. The

Courts may, without permission of the offeror, use, without restriction, information contained in this proposal package if it is obtained from another source.

An Offeror who does not have recent and relevant past performance to submit should affirmatively state that.

C.8 LATE SOQS SUBMISSIONS

Any SOQ Submission after the exact time specified for receipt shall not be considered.

C.9 SOQ PREPARATION COSTS

The Courts is not liable for any costs incurred by the Offerors in submitting SOQs in response to this RFPQ.

End of Section C

Solicitation No.: DCSC-26-RFPQ-1 - Establishing a Roster of Pre-Qualified Research Entities for SMD Page 11 of 13

SECTION D - EVALUATION FACTORS FOR PREQUALIFICATION PROCESS

D.1 BASIS OF PREQUALFICATION

The Courts intend to establish a roster of pre-qualified research entities to compete on any grant funded research opportunities as they arise. The Courts will conduct evaluations of the SOQs in accordance with the evaluation factors stated below and select the responsible Offerors whose offers conform to the Request for Pre-Qualification and are the most advantageous to the Courts.

As noted in Section A of this RFPQ, no award will be made from this RFPQ – Request for Pre-

Qualification.

D.2 EVALUATION FACTORS

The Courts will evaluate the SOQs in accordance with the following evaluation criteria:

D.2.1 EXPERIENCE AND QUALIFICATIONS

The Courts will evaluate the breadth of the Offeror’s experience with recent projects of similar scope, size, and complexity to the requirements. In scoring experience and qualifications, the Court will give greater consideration to contracts that are most relevant to the RFPQ, including government contracts. Please refer to Section C.6, Table

B for details.

D.2.2 PAST PERFORMANCE AND CUSTOMER SERVICE

Under the past performance and customer service evaluation factor, the Courts will assess the extent to which the Offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of high-quality products and services. The Courts will focus on performance of projects similar in scope, size, and complexity to the requirements. In scoring past performance, the Court will give greater consideration to contracts that are most relevant to the RFPQ, including government contracts. The Courts will also assess the Offeror’s demonstrated success at problem resolution, implementation, maintenance, user support, and disaster recovery.

The Courts reserves the right to contact the owners of projects known to have been completed by the Offeror within the last five (5) years but not supplied as references and

Evaluation Criteria Maximum

Points

D.2.1 - Experience & Qualifications 55

E D.2.2 - Past Performance and Customer Service 30 F D.2.3 - Organizational Capacity and Operational Readiness 15

Total Points 100

Solicitation No.: DCSC-26-RFPQ-1 - Establishing a Roster of Pre-Qualified Research Entities for SMD Page 12 of 13 used such information in the evaluation of past performance. Please refer to Section C.6, Table C for details.

Past performance information will be used for both proposal evaluation and responsibility determination.

D.2.3 ORGANIZATIONAL CAPACITY AND OPERATIONAL READINESS

Under the Organizational Capacity and Operational Readiness evaluation factor, the Courts will assess the offerors’ capacity, infrastructure, analytical tools, data security procedures, and administrative systems necessary to begin work quickly and execute research projects effectively. Please refer to Section C.6, Table D for details.

D.3 CUT-OFF SCORE

The maximum number of points possible is 100. Only offerors achieving an evaluation score greater than 75 points will be selected for pre-qualification.

D.4 PRICE

No pricing information is sought under this RFPQ.

End of Section D

Solicitation No.: DCSC-26-RFPQ-1 - Establishing a Roster of Pre-Qualified Research Entities for SMD Page 13 of 13

SECTION E - LIST OF ATTACHMENTS

E.1. Attachments

The following attachments are specifically made a part of, and incorporated into, this RFPQ:

Attachment A- General Provisions Applicable to DC Courts Contracts

Attachment B - Anti-Collusion Statement

Attachment C - Ethics in Public Contracting

Attachment D - Non-Discrimination

Attachment E - Certification of Eligibility

Attachment F - Tax Certification Affidavit

Attachment G - Certification Regarding a Drug-Free Workplace

Attachment H - District of Columbia Courts Release of Claims

Attachment I - Past Performance Evaluation Form

Attachment J - Wage Determination

End of Section E

End of RFPQ Document

Attachment A

DISTRICT OF COLUMBIA COURTS GENERAL PROVISIONS

FOR USE WITH COURTS' SUPPLY & SERVICES CONTRACTS

(Revised MAY 2017)

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENTAND CONTRACTS BRANCH

510 4TH STREET, NW, 3RD FLOOR, STE #323

WASHINGTON, DC 20001

ATTACHMENT A

MAY 2017

ATTACHMENT A

D.C. COURTS GENERAL CONTRACT PROVISIONS

(MAY 2017)

1. Definitions

2. Changes

3. Transfers

4. Waiver

5. Indemnification

6. Patents and Copyrights

7. Covenant Against Contingent Fees

8. Quality

9. Health And Safety Standards

10. Inspection Of Supplies

11. Inspection Of Services

12. Payment

13. Taxes

14. Appointment of Attorney

15. Termination for Default

16. Termination for Convenience of the Court

17. Termination of Contracts for Certain Crimes and Violations

18. Protests and Disputes

19. Independent Contractor Relationship

20. Security

21. Officials not to Benefit

22. Retention and Examination of Books

23. Recovery of Debts Owed the Court

24. Appropriation of Funds

25. Non-Discrimination in Employment

26. Buy American Act

27. Service Contract Act of 1965

28. Walsh-Healey Public Contracts Act……………………… ……………………… 23

29. Governing Law

30. Multiyear Contract

31. Unenforceability of Unauthorized Obligations………………………………………..23

1. Definitions.

The term “Contracting Officer” shall mean the Executive Officer of the District of Columbia Courts or her or his authorized representative. The term “Court” shall, depending on how that term is defined elsewhere in this contract, mean the Superior Court of the District of Columbia, the District of Columbia Court of Appeals or the District of Columbia Court System. If the Contractor is an individual, the term “Contractor” shall mean the Contractor, his or her heir(s), executors and administrators. If the Contractor is a corporation, the “Contractor” shall mean the Contractor and its successor. The term “District of Columbia government” shall mean all the branches of the government of the District of Columbia, including the District of Columbia Courts.

2. Changes.

The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes in this contract within the general scope hereof. If such change causes an increase or decrease in the cost of performance of this contract, or in the time required for performance, an equitable adjustment shall be made. Any claim for adjustment under this paragraph must be asserted within ten (10) days from the date the change is offered, provided however, that the Contracting Officer, may, in his or her discretion receive, consider and adjust any such claim asserted at any time prior to the final settlement of the contract. If the parties fail to agree upon the adjustment to be made, the dispute shall be determined in accordance with Clause 18. Nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

3. Transfers.

This contract or any interest herein shall not be transferred by either the Court or the Contractor except upon written permission of the other party.

4. Waiver.

The waiver of any breach of this contract will not constitute a waiver of any subsequent breach thereof, nor a waiver of this contract.

5. Indemnification (Revised 11/24/08).

(a) The Contractor shall indemnify and save harmless the Court and its officers, agents and employees from and against any and all claims, losses, liabilities, penalties, fines, forfeitures, demands, causes of action, suits and expenses incidental thereto (including the cost of defense and attorneys' fees) resulting from, arising out of, or in any way connected to any act, omission or default of the Contractor, its officers, agents, employees, servants or its subcontractors, or any other person acting for or by permission of the Contractor in the performance of this contract, regardless of whether or not any damage resulting from the

Contractor's act, omission or default is caused in part by the Court. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed in performance of this Contract. The Contractor shall also repair or replace any Court property that is damaged by the Contractor, Contractor's officers, employees, agents, servants, subcontractors, or any other person acting for or by permission of the Contractor While performing work hereunder.

(b) The indemnification obligation under this clause shall not be limited by the existence of any insurance policy or by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor, and shall survive the termination of this Contract. The Court agrees to give Contractor written notice of any claim of indemnity under this clause. Additionally, Contractor shall have the right and sole authority to control the defense or settlement of such claim, provided that no contribution or action by the Court is required in connection with the settlement. Monies due or to become due the Contractor under the contract maybe retained by the District as necessary to satisfy any outstanding claim which the District may have against the Contractor.

(c) The Contractor shall indemnify and save harmless the Court and its officers, agents, Servants and employees from liability of any nature or kind, including costs and expenses, for or on account of the use of any patented or unpatented invention, item or process, manufactured or used in the performance of this contract, including their use by the Court, unless otherwise specifically stipulated in the contract.

(d) The Contractors hall indemnify and save harmless the Court and its officers, agents, Servants and employees against any claim for copyright infringement relating to any work produced, used or delivered under this contract.

6. Patents and Copyrights.

(a) The Contractor shall not make application for a patent or copyright on any invention, item or process produced under this contract except with the written permission of the Court.

The Court shall have an irrevocable nonexclusive royalty free license with the right to sublicense in any invention conceived or first actually reduced to practice in the course of or under this contract or any subcontract thereunder.

(b) All reports, programs, manuals, discs, tapes, card desks, listing, and other materials prepared by or worked upon by the Contractor’s employees under this Agreement shall belong exclusively to the Court.

(c) Contractor agrees not to publish or disclose any material first prepared under this Agreement without prior permission of the Court.

(d) Contractor will not knowingly include any work copyrighted by others in any material prepared under this Agreement unless it obtained either prior permission from the Court or an irrevocable royalty free license for the Court in such work.

(e) Contractor agrees to give the Court all assistance reasonably required to protest the rights defined in these provisions.

7. Covenant Against Contingent Fees.

The Contractor warrants that no person or agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting a bona fide employee or agency maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Court shall have the right to terminate this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of the commission, percentage, brokerage, or contingent fee.

8. Quality.

Contractor’s workmanship shall be of the highest grade, and all materials provided under this Contract shall be new, of the best quality and grade, and suitable in every respect for the purpose intended.

9. Health And Safety Standards.

Items delivered under this contract shall conform to all requirements of the Occupational Safety and Health Act of 1970, as amended (“OSHA”), and Department of Labor Regulations under OSHA, and all Federal requirements in effect at time of bid opening/proposal submission.

10. Inspection Of Supplies.

(a) “Supplies,” as used in this clause, includes, but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall be responsible for the materials or supplies covered by this contract until they are delivered at the designated point, but the Contractor shall bear all risk on rejected materials or supplies after notification of rejection. Upon the Contractor’s failure to cure within ten (10) days after date of notification, the Court may return the rejected materials or supplies to the Contractor at the Contractor’s risk and expense.

(c) The Contractor shall provide and maintain an inspection system acceptable to the Court covering supplies under this contract and shall tender to the Court for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Court during contract performance and for as long afterwards as the contract requires. The Court may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under this contract.

(d) The Court has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Court will perform inspections and tests in a manner that will not unduly delay the work. The Court assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in the contract.

(e) If the Court performs inspection or test on the premises of the Contractor or subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Court will bear the expense of Court inspections or tests made at other than Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Court will not be liable for any reduction in the value of inspection or test samples.

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Court has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or otherwise not in conformity with contract requirements. The Court may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required, shall disclose the corrective action taken.

(h) If the Contractor fails to remove, replace, or correct rejected supplies that are required to be replaced or corrected within ten (10) days, the Court may either (1) by contract or otherwise, remove, replace or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i) If this contract provides for the performance of Court quality assurance at source, and if requested by the Court, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract, and (ii) when the supplies will be ready for Court inspection.

(j) The Court request shall specify the period and method of the advance notification and the Court representative to whom it shall be furnished. Requests shall not require more than 2 business days of advance notification if the Court representative is in residence in the Contractor’s plant, nor more than 7 business days in other instances.

(k) The Court will accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Court failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability upon the Court, for non-conforming supplies.

(l) Inspections and tests by the Court do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance.

Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(m) If acceptance is not conclusive for any of the reasons in subparagraph (l) hereof, the Court, in addition to any other rights and remedies provided by law, or under provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or noncompliance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Court will have the right to return the rejected materials at Contractor’s risk and expense or contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Court thereby.

11. Inspection Of Services.

(a) “Services” as used in this clause includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Court covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Court during contract performance and for as long afterwards as the contract requires.

(c) The Court has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Court will perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Court performs inspections or tests on the premises of the Contractor or subcontractor, the Contractor shall furnish, without additional charge, all reasonable facilities and assistance for the safety and convenient performance of these duties.

(e) If any of the services do not conform to the contract requirements, the Court may require the Contractor to perform these services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by performance, the Court may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and reduce the contract price to reflect value of services performed.

(f) If the Contractor fails to promptly perform the services again or take the necessary action to ensure future performance in conformity to contract requirements, the Court may (1) by contract or otherwise, perform the services and charge the Contractor any cost incurred by the Court that is directly related to the performance of such services, or (2) terminate the contract for default.

12. Payment.

The Court shall pay the Contractor for services performed by the Contractor in the manner set forth in this contract, at the rate prescribed upon the submission by the Contractor of proper invoices or time statements, at the time provided for in this contract, to the Budget and Finance Division for contracts involving the Superior Court of the District of Columbia or the Court System, or to the Clerk of the District of Columbia Court of Appeals for contracts involving the District of Columbia Court of Appeals.

13. Taxes.

The District of Columbia Courts are exempt from and will not pay Federal Excise Tax, Transportation Tax, and the District of Columbia Sales and Use Taxes.

14. Appointment of Attorney (Revised 11/24/08).

The bidder/offeror or Contractor (whichever the case may be) does hereby irrevocably Designate and appoint the Clerk of the District of Columbia Superior Court and his or her Successor in office as the true and lawful attorney of the Contractor for the purpose of Receiving service of all notices and processes issued by any court in the District of Columbia, as well as service of all pleadings and other papers, in relation to any action or legal proceeding arising out of or pertaining to this contractor the work required or performed hereunder.

The bidder/offeror or Contractor (whichever the case may be) expressly agrees that the validity of any service upon the said Clerk as herein authorized shall not be affected either by the fact that the Contractor was personally within the District of Columbia and otherwise subject to personal service at the time of such service upon the said Clerk or by the fact that the contractor failed to receive a copy of such process, notice or other paper so served upon the said Clerk provided the said Clerk shall have deposited in the United States mail, registered and postage prepaid, a copy of such process, notice, pleading or other paper addressed to the bidder/offeror pr contractor at the address stated in this contract.

15. Termination for Default.

(a) The Contracting Officer may, subject to the provisions of paragraph (c) below, by written notice to the Contractor, terminate the whole or any part of this contract for any of the following reasons:

(1) If the Contractor fails to make delivery of the supplies or to perform the services within the time specified herein or any extension thereof; or

(2) If the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(b) In the event the Contracting Officer terminates this contract in whole or in part as provided in paragraph (a) of this clause, the Contracting Officer may procure, upon such terms and in such manner as the Contracting Officer may deem appropriate, supplies or services similar to those so terminated, and the Contractor shall be liable to the Court for any excess costs for similar supplies or services; provided, that the Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause.

(c) Except with respect to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the District or Federal Government in either their sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without fault or negligence of the Contractor. If the failure to perform is caused by the default of the subcontractor, and if such default arises out of causes beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess cost for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.

(d) If this contract is terminated as provided in paragraph (a) of this clause, the Court, in addition to any other rights provided in this clause, may require the Contractor to transfer title and deliver to the Court, in the manner and to the extent directed by the Contracting Officer, (i) completed supplies, and (ii) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures plans, drawing information, and contract rights (hereinafter called “manufacturing materials”) as the Contractor has specifically produced or specifically acquired for the performance of such part of this contract as has been terminated; and the Contractor shall, upon direction of the Contracting Officer, protect and preserve property in possession of the Contractor in which the Court has an interest. Payment for completed supplies delivered to and accepted by the Court will be at the contract price. Payment for manufacturing materials delivered to and accepted by the Court and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and Contracting Officer; failure to agree to such amount shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract. The Court may withhold from amounts otherwise due the Contractor for such completed supplies or manufacturing materials such sum as the Contracting Officer determines to be necessary to protect the Court against loss because of outstanding liens or claims of former lien holders.

(e) If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination of convenience of the Court,…