RFQ USCA25Q0045.pdf

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Enterprise Training Software BPA
Solicitation number
USCA25Q0045
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This is a Solicitation, Offer, and Award document (Standard Form 33) for a Blanket Purchase Agreement (BPA) for enterprise training software, issued by the Procurement Management Division of the Administrative Office of the United States Courts. The solicitation (USCA25Q0045) seeks to award up to three single-award BPAs for online learning platforms, with a total estimated purchase volume of $3,150,000 over five 12-month ordering periods.

Key details include a proposal submission deadline of September 26, 2025, with proposals evaluated using a Lowest Price Technically Acceptable (LPTA) methodology. Vendors must submit a comprehensive technical proposal and a price workbook, including an authorized reseller letter from the original equipment manufacturer (OEM). The government will group proposals by online platform, select the lowest-priced technically acceptable offer for each platform, and award BPAs to the three platforms with the lowest selected prices. Proposals must include a single license solution that meets all requirements, with fully burdened pricing and no additional fees. Offerors may propose multiple online learning platforms, but only one BPA will be awarded per platform.

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USCA25Q0045 - Page 1 of 18

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15

CFR 700.

RATING PAGE OF PAGES

1 18

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

USCA25Q0045

SEALED BID (IFB) INVITATION

FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

4. TYPE OF SOLICITATION 5. DATE

ISSUED

09/16/2025

6. REQUISITION/PURCHASE NUMBER

CODE PMD

Procurement Management Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 3-250 Washington, DC 20544-0001

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

17:00 ET 09/26/2025

(Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 3-100. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Andrew Bunk AREA CODE

NUMBER

502-3348

EXTENSION

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

andrew_bunk@ao.uscou rts.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE

L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA

M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes a minimum offer acceptance period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDAR DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NUMBER DATE AMENDMENT NUMBER DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 3204(a) 41 U.S.C. 3304(a) ( )

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE PMD

Procurement Management Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 3-250 Washington, DC 20544-0001

24. ADMINISTERED BY (if other than Item 7) CODE25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) Andrew Bunk

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

USCA25Q0045 - Page 2 of 18

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.1 Purpose and Ordering Periods B.2 BPA Pricing

C Descriptions/Specifications/Statement of Work C.1 Statement of Work/Specifications

E Inspection and Acceptance 2-10 Responsibility for Products 2-5A Inspection of Products 2-5B Inspection of Services

F Deliveries or Performance 2-35 F.o.b. Destination, Within Judiciary's Premises 2-60 Stop-Work Order 7-200 Judiciary Delay of Work

G Contract Administration Data 3-305 Payment by Electronic Funds Transfer-System for Award Management (SAM) Registration 7-1 Contract Administration 7-125 Invoices 7-5 Contracting Officer's Representative 7-10 Contractor Representative G.1 Ordering G.2 Appointed Contracting Officer's Representative G.3 Invoice Submission at the Call Level

H Special Contract Requirements 1-1 Employment by the Government 7-55 Contractor Use of Judiciary Networks

I Contract Clauses 1-10 Gratuities or Gifts 1-15 Disclosure of Contractor Information to the Public 2-20A Incorporation of Warranty 2-20B Contractor Warranty (Products) 3-105 Audit and Records 3-205 Protest after Award 3-25 Protecting the Judiciary's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 3-35 Covenant Against Contingent Fees 3-40 Restrictions on Subcontractor Sales to the Judiciary 3-45 Anti-Kickback Procedures 3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 3-55 Price or Fee Adjustment for Illegal or Improper Activity 6-105 California E-Waste Fee 6-40 Federal, State, and Local Taxes 6-60 Rights in Data - General 6-85 Commercial Computer Software License 7-100A Limitation of Liability (Products) 7-100B Limitation of Liability (Services) 7-110 Bankruptcy 7-130 Interest (Prompt Payment) 7-135 Payments 7-140 Discounts for Prompt Payment 7-145 Government Purchase Card 7-150 Extras 7-175 Assignment of Claims 7-185 Changes 7-20 Security Requirements 7-210 Payment for Emergency Closures

USCA25Q0045 - Page 3 of 18

7-215 Notification of Ownership Changes 7-220 Termination for Convenience of the Judiciary (Fixed Price) 7-230 Termination for Default - Fixed-Price Products and Services 7-235 Disputes 7-25 Indemnification 7-30 Public Use of the Name of the Federal Judiciary 7-35 Disclosure or Use of Information 7-75 Subcontracts 7-85 Examination of Records 2-57 Protecting, Reporting, and Responding to Incident Involving Sensitive Information (JUN 2024) 3-300 Registration in the System for Award Management (SAM) 3-120A Order of Precedence (Deviation) B-5 Clauses Incorporated by Reference

J List of Attachments K Representations, Certifications and Other Statements of Offerors or Respondents

3-130 Authorized Negotiators 3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters 3-30 Certificate of Independent Price Determination 3-5 Taxpayer Identification and Other Offeror Information

L Instructions, Conditions and Notices to Offerors or Respondents 2-15 Warranty Information 3-100 Instructions to Offerors 3-210 Protests 3-85 Explanation to Prospective Offerors 3-95 Preparation of Offers 4-1 Type of Contract 7-60 Judiciary Furnished Property or Services B-1 Solicitation Provisions Incorporated by Reference L.1 General Instructions

M Evaluation Factors for Award 3-70 Determination of Responsibility M.1 Evaluation Criteria

USCA25Q0045 - Page 4 of 18

Section B - Supplies or Services and Prices/Costs

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0001 IT Hardware/Software/

Supplies

Firm Fixed Price -

Judiciary-wide

PSC:

0.000000 EA

Delivery Schedule:

Delivery Number Quantity 1 0.000000

Description: Enterprise Training Software See Attachment J.3 Training Platform Price Workbook

B.1 Purpose and Ordering Periods The purpose of this Blanket Purchase Agreement (BPA) is to obtain software and services as described in the SOW (Attachment J.1).

BPA ORDERING PERIODS:

The ordering periods for this BPA shall be five (5) years in length and shall consist of five (5) ordering periods, each 12 months in length.

Base will be for 12-months from award.

Ordering Period 1, 12-months after the base.

Ordering Period 2, 12-months after Ordering Period 1.

Ordering Period 3, 12-months after Ordering Period 2.

Ordering Period 4, 12-months after Ordering Period 3.

B.2 BPA Pricing

1. Customers will pay the discounted price listed noted in the workbook attched to the award (Attachment J.3). The discounted price is fully burdened, and the Government will not pay any other fees or shipping costs.

2. The discounted price for each item shall be in place for the entire ordering period unless the price is changed through a modification ot the BPA. The BPA holder may offer additional discounts at the call order level.

3. The items purchased under this BPA shall not be higher than the public price or the OEM's pricing for the same licenses on any other government vehicle that has public pricing. In the event pricing for the items under this BPA are more expensive than another government vehicle or the OEM's pricing, the BPA holder shall adjust their pricing so Judiciary users shall not pay more than any other federal customer.

C.1 Statement of Work/Specifications Please see Attachment J.1 - Statement of Work (SOW)

Section E - Inspection and Acceptance

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Fill-ins

2-10 Responsibility for Products

2-5A Inspection of Products

USCA25Q0045 - Page 5 of 18

Clause Title Fill-ins

2-5B Inspection of Services

Section F - Deliveries or Performance

LINE NUMBER/

DELIVERY NUMBER

ADDRESS CONTACT INFORMATION

0001/1

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Fill-ins

2-35 F.o.b. Destination, Within Judiciary's Premises

2-60 Stop-Work Order

7-200 Judiciary Delay of Work

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Fill-ins

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

7-1 Contract Administration

7-125 Invoices

7-5 Contracting Officer's Representative

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: TBD at Award 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 legally bind the contractor on all such issues.

(END)

G.1 Ordering

1. BPA CALL CONTRACT TYPE

The contract type for BPA Calls (or "call orders") issued under this BPA will be firm-fixed price.

2. BPA CALL ORDERING METHOD

BPA Calls may be placed against this BPA via the issuance of a written BPA Call. Use of purchase cards for call orders is also authorized for this BPA. Unless otherwise noted in the BPA or the attachments, all requirements applicable to written orders are applicable to purchase card orders as well. A BPA Call becomes binding once both parties sign the BPA Call, or when the BPA holder commences performance after a BPA Call is issued unilaterally (such as with a purchase card). In the event the BPA holder cannot perform a BPA call that is unilaterally issued, the BPA holder shall promptly notify the CO or the card holder of the issue(s) and provide the reasons the call cannot be performed. The BPA holder shall refund or cancel any purchase card order that cannot be performed, if applicable.

USCA25Q0045 - Page 6 of 18

BPA Calls will be places by purchase card holders or Contracting Officers from the judiciary organizations detailed Volume 14, Chapter 1, §110.40 Applicability in the Guide to Judiciary Policy (Guide) as well as Organizations listed under Guide to Judiciary Policy, Vol. 1, Chapter 13, § 1320 Courts Outside the Third Branch as listed in Attachment J.1 SOW Section C.5.8 Ordering.

Discounts will be posted on an AO Intranet Site that may be potentially accessible to judiciary contractor staff. If the BPA holder does not want their discounts posted on the judiciary's intranet site than they must communicate that to the CO and the COR after award and provide a plan for efficiently providing judiciary staff with the discount information. The judiciary will not compensate the conttractor for any additional effort needed to provide this information to the judiciary organizations that request it.

3. ORDERING CONSIDERATIONS AND LIMITATIONS

Orders maybe placed anytime within the BPA's ordering periods. If order is established properly, the period of performance may go beyond the BPA's ordering periods expiration date.

4. BPA OBLIGATION

4.1. Extent of Obligation

4.1.1. The Government estimates, but does not guarantee, that the volume of purchases through this BPA will be $3,150,000.00.

4.1.2 The Government is obligated only to the extent of authorized purchases actually made under this BPA via BPA Calls and purchase card orders.

4.2. Funds Obligation

This BPA does not obligate any funds. Funds will only be obligated on BPA Calls and purchase card orders.

5. AUTHORIZED USERS

BPA Calls will be places by purchase card holders or Contracting Officers from the judiciary organizations detailed Volume 14, Chapter 1, §110.40 Applicability in the Guide to Judiciary Policy (Guide) as well as Organizations listed under Guide to Judiciary Policy, Vol. 1, Chapter 13, § 1320 Courts Outside the Third Branch as listed in Attachment J.1 SOW Section C.5.8 Ordering.

6. BPA CALL ORDERING PROCEDURES

6.1 BPA Calls will be solicited in accordance with Vol 14 § 325.50.30 (Open Market Single Award BPA) through Vol 14 § 325.50.40

(a) (Ordering Under BPAs).

6.2 The BPA holder shall not respond to solicitations from non-authorized users.

7. SCOPE OF BPA CALLS

All BPA Calls must fall under the product categories as laid out in the BPA SOW, see Attachment J.1.

G.2 Appointed Contracting Officer's Representative The appointed Contracting Officer's Representative is:

COR's Name: TBD at award COR's Address: TBD at award COR's Phone Number: TBD at award COR's Email Address: TBD at award

G.3 Invoice Submission at the Call Level Invoice submission at the call level should normally be made to the BPA call level COR or other designated ordering office contact specified in the BPA call, unless different instructions are provided at the call level.

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Fill-ins

1-1 Employment by the Government

7-55 Contractor Use of Judiciary Networks

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

USCA25Q0045 - Page 7 of 18

1-10 Gratuities or Gifts

1-15 Disclosure of Contractor Information to the Public

2-20A Incorporation of Warranty

2-20B Contractor Warranty (Products)

3-105 Audit and Records

3-205 Protest after Award

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

3-35 Covenant Against Contingent Fees

3-40 Restrictions on Subcontractor Sales to the Judiciary

3-45 Anti-Kickback Procedures

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

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

6-105 California E-Waste Fee

6-40 Federal, State, and Local Taxes

6-60 Rights in Data - General

6-85 Commercial Computer Software License

7-100A Limitation of Liability (Products)

7-100B Limitation of Liability (Services)

7-110 Bankruptcy

7-130 Interest (Prompt Payment)

7-135 Payments

7-140 Discounts for Prompt Payment

7-145 Government Purchase Card

7-150 Extras

7-175 Assignment of Claims

7-185 Changes

7-20 Security Requirements

7-210 Payment for Emergency Closures

7-215 Notification of Ownership Changes

USCA25Q0045 - Page 8 of 18

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

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

7-235 Disputes

7-25 Indemnification

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

7-35 Disclosure or Use of Information

7-75 Subcontracts 7-75 1: "[Contracting

Officer list conditions requiring consent]"

7-75 2: "[To be completed by the

Contracting Officer in the contract award]"

7-85 Examination of Records

2-57 Protecting, Reporting, and Responding to Incident Involving Sensitive Information (JUN

2024)

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

3-120A Order of Precedence (Deviation) AUG 2025 A. Order of Precedence.

Any conflicts or inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) Judiciary clauses 7-175, Assignments of Claims; 7-235, Disputes; 7-135, Payments; and 7-125, Invoices.

(3) The “Unauthorized Obligations” and “Commercial Supplier Agreements Unenforceable Clauses” paragraphs of this clause.

(4) Addenda to this solicitation or contract, including any commercial supplier agreements as defined in paragraph D of this clause and as amended by the Commercial Supplier Agreements Unenforceable Clauses provision in paragraph C of this clause.

(5) Solicitation provisions if this is a solicitation.

(6) Contract clauses if this is a contract.

(7) The Government’s standard contract form.

(8) Other documents, exhibits, and attachments.

USCA25Q0045 - Page 9 of 18

(9) The specification.

When an order utilizing clause 3-120A is placed against an indefinite delivery vehicle (IDV) or a Blanket Purchasing Agreement (BPA) that contains Federal Acquisition Regulation (FAR) clause 52.212-4, paragraph A of clause 3-120A shall be considered replaced with FAR 52.212-4’s order of precedence provision, and the remaining paragraphs of clause 3-120A shall be considered “Other Compliances” and shall fit under FAR 52.212-4(s)(2) as “Other Compliances” per that clause’s order of precedence.

B. Unauthorized Obligations.

(1) Except as stated in paragraph (B)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

(2) Paragraph (B)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

C. Commercial Supplier Agreements Unenforceable Clauses.

When any supply or service acquired under this contract is subject to a commercial supplier agreement, the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S.

Government, the following shall apply:

(i)Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights in accordance with Clause 7-235 or other applicable Federal statute while continuing performance as set forth in the disputes clause.

USCA25Q0045 - Page 10 of 18

(v)Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute.

(vi)Updating terms.

(A) After award, the Contractor may unilaterally revise commercial agreement terms if they are not material. A material change is defined as:

(1) Terms that change judiciary rights or obligations;

(2) Terms that increase judiciary prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other judiciary right addressed elsewhere in this contract, Blanket Purchasing Agreement (BPA), Basic Ordering Agreement (BOA), task order, or call order.

(B) For revisions that will materially change the terms of the contract, BPA, BOA, task order, or order, the revised commercial agreement must be incorporated into the contract, BPA, BOA, task order, or order using a bilateral modification.

(C) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this BPA, contract, or order shall not be enforceable against the judiciary, and the judiciary shall not be deemed to have consented to them.

(vii) Automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii)Indemnification of end user. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with the disputes clause; no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.”

Issues regarding release of “unit pricing” or “line-item pricing” will be resolved consistent Judiciary Clause 1-15, USCA25Q0045 - Page 11 of 18

Disclosure of Contractor Information to the Public. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(xiii) Credit application/Master account. Any language requiring the use of a credit application or master account is hereby deleted. Credit provisions are not applicable to the judiciary.

(xiv) Advance payments. Except for software licenses provided by the vendor contemporaneously with the Government’s payment, and publications printed or recorded in any way for the auditory or visual use of the agency, any language requiring the Government to pay for more than the value of services already provided or articles already delivered is hereby deleted unless expressly authorized in writing by the Contracting Officer and provided for in the schedule of supplies/services.

(xv) Insurance. Because the Government is self-insured, any language requiring the Government to pay for insurance is hereby deleted unless expressly authorized in writing by the Contracting Officer.

(xvi) Damage deposits. Any language requiring the Government to pay a deposit for damages is hereby deleted.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (C)(1), the language, provisions, or clause of paragraph (C)(1) shall prevail to the extent of such inconsistency.

D. Definitions.

Cloud computing means a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This includes other commercial terms, such as on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured service. It also includes commercial offerings for software-as-a-service, infrastructure-as-a-service, and platform-as-a-service.

Commercial computer software means any computer software that is a commercial product or commercial service.

Commercial supplier agreement means terms and conditions customarily offered to the public by vendors of supplies or services that meets the definition of “commercial item” set forth in the Glossary of Procurement Terms in Volume 14 (Procurement) of the Guide to Judiciary Policy intended to create a binding legal obligation on the end user. Commercial supplier agreements are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any product or service. The term applies–

(1) Regardless of the format or style of the document. For example, a commercial supplier agreement may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order;

(2) Regardless of the media or delivery mechanism used. For example, a commercial supplier agreement may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

Computer software —

(1) Means

(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

(2) Does not include computer databases or computer software documentation.

USCA25Q0045 - Page 12 of 18

Computer software documentation means owner’s manuals, user’s manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

(end)

B-5 Clauses Incorporated by Reference OCT 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)

Section J - List of Attachments Identifier Title DateS Number of

Pages 1 Attachment J.1 SOW.pdf 08/27/2025 2 Attachment J.2 Requirements Questionnaire.xlsx 08/27/2025 3 Attachment J.2a Judiciary IDAM Requirements Checklist.pdf 08/27/2025 3 Attachment J.3 Training Platform Price Workbook.xlsx 09/03/2025

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: ___________________________________________________________________________ Titles: ___________________________________________________________________________ Telephone: ___________________________________________________________________________ Fax: ___________________________________________________________________________ Email: ___________________________________________________________________________

(END)

3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters

MAR 2019

(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 $3,500 for which the liability remains unsatisfied.

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

USCA25Q0045 - Page 13 of 18

(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 Certificate 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;

USCA25Q0045 - Page 14 of 18

(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; or

(2) (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.

(END)

3-5 Taxpayer Identification and Other Offeror Information APR 2011

(a) Definitions "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) through (f) 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, sate 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 [__], 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

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[__] 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 Terrritory 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 Napal)

[__] Individual/concern, other than one of the preceding.

(END)

Provision(s) Incorporated By Reference, see Provision B-1 Clause Title Fill-ins

2-15 Warranty Information

3-100 Instructions to Offerors Number of Sheets:

"[[insert numbers or other identification of sheets]]"

3-210 Protests

3-85 Explanation to Prospective Offerors

3-95 Preparation of Offers

4-1 Type of Contract JAN 2003 The judiciary plans to award a BPA with firm fixed price call orders type of contract under this solicitation, and all offers shall be submitted on this basis. Alternate offers based on other contract types will not be considered.

(END)

7-60 Judiciary Furnished Property or Services JAN 2003 No property or services will be furnished by the judiciary unless specifically provided for in the solicitation.

(END)

B-1 Solicitation Provisions Incorporated by Reference OCT 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.

(END)

L.1 General Instructions

GENERAL INFORMATION

Procurement within the federal judiciary is not subject to the Federal Acquisition Regulation (FAR), which applies to most Executive Branch agencies. Judiciary procurement policies are the responsibility of the Acqusition Mangement Office (AMO) within the Administrative Office of the U.S. Courts (AO), and are issued in the Guide to Judiciary Policy, Volume 14 (Procurement). Offerors

USCA25Q0045 - Page 16 of 18 or contractors wishing to find the full text of individual provisions or clauses incorporated by reference in judiciary solicitations and contracts are directed to Appendix 1B of Volume 14, reference section above, B-1.

L.1 General

Offerors are encouraged to read carefully the entire Section L - Instructions, Conditions and Notices to Offerors or Respondents.

Proposals that do not comply with the instructions and requirements in Section L may be deemed non-responsive and excluded from further consideration.An offeror may make multiple offers for different online learning platforms so long as each proposal meets all of the requirements in the solicitation.

L.2 SUBMISSION OF QUESTIONS

Questions regarding this solicitation must be electronically submitted no later than 11:00 AM ET on Sep 23rd, 2025. Questions shall be electronically submitted to the Contracting Specialist (magdalena_torres@ao.uscourts.gov) with a courtesy copy to Contracting Officer Andrew Bunk (andrew_bunk@ao.uscourts.gov). The prospective offeror must include the solicitation number (USCA25Q0045) in the subject line of the email and the email needs to be sent to both addresses listed above, otherwise the offeror's questions may not be answered. Questions should note the specific document/attachment and page number or tab the question relates to, so the AO can identify the answer. If the question is more general, just put "N/A" for the citation. Questions that are submitted late or that do not provide enough context for the AO to identify the answer may not be answered.

L.3 PROPOSALS SUBMISSION FORMAT

Proposals must be prepared and submitted using the following instructions:

Proposals are due no later than the time and date for offers as specified in SAM.gov. and shall be electronically submitted to both email addresses listed below. Please note that a proposal will be marked as late if the proposal is received in the email inbox after the time specified. Proposals may not be considered for award at the discretion of the CO, and in accordance with provision 3-100.

• Contracting Specialist: Magdalena_torres@ao.uscourts.gov

• Contracting Officer: Andrew_bunk@ao.uscourts.gov

Proposal emails should also include in the subject line the solicitation number (USCA25Q0045) and mention that the email includes a proposal. Proposals must be valid at least 120 calendar days after the due date for the receipt of proposals.

• The electronic copies of the proposal shall be submitted in a format readable and usable by Microsoft Office 365 suite (MS Word, MS Excel, PowerPoint); or Adobe Acrobat PDF. The following file extensions are not allowable, and application materials/data submitted with these extensions cannot be considered: .bat, .cmd, .com, .exe, .pif, .rar, .scr, .vbs, .hta, .cpl, html, and mhtml files. The entire proposal submission, including all files, shall not exceed 10MBs.

• For documents in Word or PDF, the proposal page size shall be 8.5 x 11 inches. Pages may be double or single-spaced.

Except for the reproduced sections of the solicitation document, the text size shall be no less than Times New Roman 10 point. Use at least .5-inch margins on all sides of each page.

• Page limitation for each Volume is provided below. Pages shall be numbered sequentially by each Volume.

L.4 VOLUMES

The proposal shall include the following two volumes:

Volume I: Price Proposal – BPA Price Workbook (Attachment J.3)

Volume II: Technical Proposal

L.4.1 Volume I: Price Proposal - BPA Price Workbook (Attachment J.3)

USCA25Q0045 - Page 17 of 18

Offerors must submit a fully completed copy of the amended BPA Price Workbook. Specifically, the offeror must fill in Tab 1 and 2 of the spreadsheets, including the following:

• The AO requires the vendor to offer a single price for a license that shall meet all of the requirements noted in the solicitation. Offerors may bundle multiple licenses into a single offering to meet the requirements but the AO is requesting a single license offering per judiciary user to meet the requirements.The single license solution quoted may be comprised of a bundle of products that would otherwise be sold under separate, individual licenses. If the quoter's single license solution consists of such a bundle, the individual sub-licenses shall be described and broken out by price to show a price buildup in the Notes tab of the Price Workbook. Judiciary ordering activities may ultimately choose to purchase either the single license solution, or to individually purchase any of the separately licensed products at the price noted in the workbook

• A Notes tab has been provided where offerors may describe their licensing structure and solution. They may show the license breakout on that tab, if applicable.

• The proposed discounted price must be fully burdened, the Government will not pay any other fees.

• Offerors shall not change any formula in the BPA Price Workbook (Attachment J.3). If such changes are made in the spreadsheet, the proposal will be considered nonresponsive and excluded from further consideration.

• Offeror shall identify the online learning platform being proposed.

• Offerors may propose additional items if they choose. Those items will not be part of the total evaluated price but will be evaluated for fair and reasonable…

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