Solicitation No. DCSC-23-RFP-37 Judicial Support Services.pdf

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: 1-3-2023

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH OPENING DATE: ____________

700 6th STREET, N.W., ROOM 1200 OPENING TIME: ____________

WASHINGTON, D.C. 20001

CLOSING DATE: 1-18-2023

SOLICITATION NUMBER: DCSC-23-RFP-37 CLOSING TIME: 1:00 P.M.

OFFER/BID FOR: JUDICIAL SUPPORT SERVICES MARKET TYPE: OPEN MARKET

TABLE OF CONTENTS

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

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 15

X B Supplies or Services & Price /Cost 5 X I Contract Clauses 16

X C Description/Specs. Work Statement 6 X J List of Attachments 19

X D Packaging and Marking 9 X K Representation Certificates N/A

X E Inspection and Acceptance 10 X L Instructions, Conditions, Notices 20

X F Deliveries and Performance 11 X M Evaluation Factors for Award 27

X G Contract Administration Data 12

OFFER (TO BE COMPLETED BY OFFEROR) Note: In sealed bid solicitations “Offer” and Offeror” mean Bid” and Bidder.”

The undersigned offers and agrees that, with respect to all terms and conditions accepted by the Courts under “AWARD” below, this offer and the provisions of the RFP/IFB will constitute a Formal Contract.

OFFEROR

Name and title of Person Authorized to Sign Offer:

(Type or Print)

Name:

Street:

City, State:

Zip Code:

Signature

(Seal)

Date:

Area Code &

Telephone Number:

Impress

Corporate

Seal

Corporate (Seal)

(Secretary) _____________________________________ (Attest)

AWARD (To be completed by the District of Columbia Courts)

CONTRACT NO._________________________________________________AWARD AMOUNT $____________________________

ACCEPTED AS TO THE FOLLOWING ITEMS:

DISTRICT OF COLUMBIA COURTS

BY:______________________________________

CONTRACTING OFFICER

CONTRACT PERIOD: __________________________________________ _________________________________________

AWARD DATE

A. All written communications regarding this solicitation should be addressed to the

Contracting Officer and should be directed by e-mail to Reginald Ramdat, Contract

Specialist at reginald.ramdat@dccsystem.gov

B. The Courts will post all amendments on the DC Courts Website at https://www.dccourts.gov/about/procurement-contracts-branch. Oral explanations or instructions given by Courts Officials before the award of the contract will not be binding.

C. REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

1. ACKNOWLEDGMENT OF AMENDMENTS

The Offeror acknowledges receipt of Addenda to the solicitation and related documents numbered and dated as follows:

AMENDMENT

NO.

DATE

AMENDMENT

NO.

DATE

NOTE: Offeror may acknowledge addendum here or on addendum or both.

2. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

(a) Each signature on the offer is considered to be a certification by the signatory 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 Offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices in the offer;

(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 competitor before mailto:reginald.ramdat@dccsystem.gov https://www.dccourts.gov/about/procurement-contracts-branch offer opening 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 being offered in this offer, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above; 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 subparagraphs (a) (1) through (a) (3) above:

(insert full name or person(s) in the organization responsible for determining the prices offered 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) (1) above have not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above; and

(iii) As an agent, has not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above.

(c) If Offeror deletes or modifies subparagraph (a) (2) above, the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

3. TYPE OF BUSINESS ORGANIZATION

Offeror operates as ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a corporation, incorporated under the laws of the State of ___________________, ( ) a joint venture, ( ) other.

4. PAYMENT IDENTIFICATION NO.

Please list below applicable vendor information:

Federal Tax I.D. Number: _________________________________________________

Or

Social Security Number: ____________________________________________

DUNS Number: _________________________________________________

SAM’s Unique Entity Identifier (UEI): ____________________________________________

Legal Name of Entity Assigned this Number: ___________________________________

Street Address and/or Mailing Address: _______________________________________

City, State, and Zip Code: __________________________________________________

Type of Business: _________________________________________________________

Telephone Number: _______________________________________________________

PAYMENTS UNDER TERMS OF ANY CONTRACT RESULTING FROM THIS

SOLICITATION WILL BE HELD IN ABEYANCE PENDING RECEIPT OF A VALID

FEDERAL TAX IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER.

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Courts (Courts) have an immediate need for a full-time subject matter expert (Contractor) familiar with the case management system

(CMS) business processes of judicial chambers to provide Judicial Support Services as described is herein. All work shall be performed virtually.

B.2 The offeror shall submit a price for the for the services specified below and in accordance with Section C, Scope of Services, of this Request for Proposals (RFP).

B.3 CONTRACT PRICE:

CLIN Description

Estimate d No. of

Hours Unit

Unit

Price Total Price

0001 Subject Matter Expert Services 2000 HR $ $

TOTAL: $

B.4 BACKGROUND/GENERAL

DCSC is implementing Tyler Technologies Odyssey CMS system that they will deliver in two phases. Phase 1 went live in October 2022, and phase 2 will go live in

June 2023. In the interim, there are significant concerns about the functionality that judges and their staff will get. Material configuration changes are needed.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 The selected Subject Matter Expert (Contractor) shall provide the necessary judicial support services identified below:

C.1.1 Documentation:

a. Responsible for documenting the general business processes for chambers and courtrooms (existing documentation may or may not exist).

b. Responsible for documenting future state business processes for chambers and courtrooms, including expected courtroom workflow.

C.1.2 Consultation/Business Analysis:

a. Meet with judicial stakeholders to review the existing Odyssey configuration and note areas of concern.

b. Meeting attendance and participation.

C.1.3 Odyssey System Configuration/System set up – involves populating or entering information into Odyssey to make the system function to the user’s liking.

C.1.4 Testing/User Acceptance:

a. Assist with defining user scenarios for system testing/user acceptance.

b. “Exercise” system to validate user scenarios and document results.

C.1.4 Training:

a. Develop training documentation and participate in online court training activities.

b. Assist Tyler with conducting training for judicial stakeholders.

C.1.5 Go Live Support

The Contract shall provide Go-Live Support Services.

C.2 This solicitation will enable the DCSC to secure a dedicated resource with similar/unique skills, understanding, and awareness of the judicial chamber’s business processes. This person will be present for the intensive business process discussions and coordinate with the CMS project judicial sponsor; and judicial stakeholders from the IT Steering

Committee on configuration decisions that will affect judges’ use of the CMS.

Additionally, they will need to be active participants in the CMS configuration, including inputting relevant codes necessary to configure chambers/judges’ portions of the system.

C.3 These responsibilities have been determined to be very labor-intensive, and a failure to secure this critical resource will result in judges being unable to use the system as currently configured.

C.4 The Contractor is expected to provide between 20 to 40 hours of work/service per week

(# of hours per to be negotiated). The total number of hours for the period of performance is estimated to be 2000 hours. Unless otherwise approved by the COTR, the tour of duty shall be between the hours of 8:30 a.m. – 5:00 p.m., weekdays, excluding weekends and holidays.

C.5 The Courts may terminate the resultant contract by providing 60 days written notice to the Contractor.

C.6 SPECIAL REQUIREMENTS

A. The Contractor personnel, while performing work under this contract shall at all times, be attired in a professional manner. The Contractor shall conduct himself/herself in a professional manner while performing under this contract.

B. The Contractor may be required to attend an orientation and job training conducted by the

Courts or other government entity.

C. The Contractor shall be subject to the Courts’ security clearance process.

D. The Contractor will furnish services as an independent contractor and not as an employee of the Court. The Contractor shall not be entitled to any medical coverage, life insurance, leave accumulation or any of the other benefits afforded the Court’s regular employees.

The Contractor is responsible for all state, federal and local taxes.

C.7 MINIMUM QUALIFICATION/EXPERIENCE

The Contractor shall possess the following:

1. Bachelor’s Degree in Computer Science, Management Information Systems, Systems Engineering or related discipline or equivalent practical professional experience.

2. At least 3 years of experience planning, analyzing, testing, and supporting case management systems.

C.7.1 The Contractor shall include the following in their submission:

a. Resume

b. Documentation /Proof of Education (e.g., copy college transcript or diploma)

c. Three (3) professional references. NOTE: Each reference must complete and return Attachment J.4 – Past Performance Evaluation form by email to the

Contract Specialist listed in Clause L.8 of this solicitation.

C.8 WORK SITE LOCATION:

All work shall be performed virtually.

PART 1

SECTION D - PACKAGING AND MARKING

THIS SECTION IS RESERVED

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Term of Contract:

F.1.1 The term of the contract shall be for one (1) year from the date of award of the contract.

The date of award shall be the date the Contracting Officer signs the contract document.

F.1.2 The Courts may terminate the resultant contract by providing 60 days written notice to the Contractor.

F.2 Deliverables:

F.2.1 All Deliverables shall be in a form and manner acceptable to the Courts. The Contractor shall complete the tasks and provide to the COTR the deliverable(s specified below within the designated time frames:

F.2.2 The Contractor shall submit invoices the Courts on a bi-weekly basis.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices.

A. The Contractor shall be compensated on a bi-weekly basis at the established hourly rate to be specified in the contract for work actually performed.

B. Effective June 8, 2018, all invoices and payment request shall be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP)

System using the “Bill to Agency” of Interior Business Center-FMD. The IPP website address is https://www.ipp.gov. In addition, it is the vendor’s (contractor’s) responsibility to be System for Awards Management (SAM) registered and in IPP. The vendors (contractors) must be SAM registered in order to register in IPP. The SAM website address is https://www.sam.gov.

C. After contract and purchase order award, in order to receive payment, the Contractor must use the IPP website to register, access, and use IPP for submitting all invoice requests for payment(s). Assistance with enrollment can be obtained by contacting the

IPP Production Helpdesk via email at IPPCustomerSupport@discal.treasury.gov or by phone (866) 973-3131.

D. Payment request means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, at a minimum, the Contractors’ electronic invoice shall include the following information:

1. Name and address of the Contractor,

2. The purchase order number,

3. Invoice date,

4. Invoice number,

5. Name of the Contracting Officer Technical Representative (COTR),

6. COTR email address, and

7. Description, quality, unit of measure, and extended price of the services or supplies actually rendered.

E. Once the electronic invoice has been submitted through IPP, no later than two business days from the electronic submission, the Contractor must email and/or mail to the COTR a copy of the electronic invoice along with all the required supporting documentation as stated in the contract. The Contracting Officer’s Technical Representative (COTR) shall review each electronic invoice for certification of receipt of satisfactory services prior to authorization of payment.

F. Final Invoice

The Contractor shall submit final electronic invoice (s) within thirty (30) days after the https://www.ipp.gov/ https://www.sam.gov/ mailto:IPPCustomerSupport@discal.treasury.gov expiration of this contract. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement. The Contractor must contact the COTR in order to obtain a D.C. Courts Release of Claims form. Upon receipt of the form, the Contractor must complete and submitted the Release of Claims form as well as provide a copy of the final electronic invoice to the COTR.

G.2 Tax Exempt

The Courts is exempt from taxation pursuant to D.C. Code 47-2005(1).

G.3 Prompt Payment Act

The Courts will pay interest (late charge) on each electronically receipted and approved invoice pursuant to the Prompt Payment Act, 31 U.S.C. 3901 et seq.

G.4 The Contractor must contact the COTR in order to obtain a D.C. Courts Release of

Claims form. Upon receipt of the form, the Contractor must complete and submitted the

Release of Claims form as well as provide a copy of the final electronic invoice to the

COTR.

G.5 Audits:

At any time or times before final payment and three (3) years thereafter, the Contracting

Officer may have the Contractor’s invoices or vouchers and statements of costs audited.

Any payment may be reduced by amounts found by the Contracting Officer not to constitute allowable costs as adjusted for prior overpayment or underpayment. In the event that all payments have been made to the Contractor by the Court and a discrepancy of overpayment is found, the Court shall be reimbursed for said overpayment within thirty (30) days after written notification.

G.6 Contracting Officer and Contracting Officer’s Technical Representative (COTR).

G.6.1 Contracting Officer. The District of Columbia Superior Court Contracting Officer who has the appropriate contracting authority is the only Court official authorized to contractually bind the Court through signing contract documents. All correspondence to the Contracting Officer shall be forwarded to:

Darlene D. Reynolds Manager Procurement & Contracts Branch

Administrative Services Division District of Columbia Courts 700 6th Street, N.W., Suite 1200 Washington, D.C. 20001 Telephone Number: (202) 879-2872

Darlene.reynolds@dccsystem.gov mailto:Darlene.reynolds@dccsystem.gov

G.6.2 Contracting Officer’s Technical Representative (COTR): The COTR is responsible for general administration of the contract and advising the Contracting

Officer as to the Contractor’s performance or non-performance of the contract requirements. In addition, the COTR is responsible for the day-to-day monitoring and supervision of the contract. The COTR shall be:

Clide Cork

IT Project Manager Information & Technology Division District of Columbia Courts 410 E St. NW, Room 3900A (3rd Floor) Washington, D.C. 20001 202-879-0037 Clide.cork@dccsystem.gov

G.7 Authorized Representative of the Contracting Officer.

The COTR will have the responsibility of ensuring that the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in this contract. It is understood and agreed that the COTR shall not have authority to make changes in the scope or terms and conditions of the contract.

G.8 THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT

ABSENT THE REQUISITE AUTHORITY OF THE COTR TO MAKE

ANY SUCH CHANGES, CONTRACTOR MAY BE HELD FULLY

RESPONSIBLE FOR ANY CHANGES NOT AUTHORIZED IN

ADVANCE, IN WRITING, BY THE CONTRACTING OFFICER, MAY BE

DENIED COMPENSATION OR OTHER RELIEF FOR ANY

ADDITIONAL WORK PERFORMED THAT IS NOT SO AUTHORIZED,

AND MAY BE ALSO BE REQUIRED, AT NO ADDITIONAL COST TO

THE COURTS, TO TAKE ALL CORRECTIVE ACTION

NECESSITATED BY REASON OF THE UNAUTHORIZED CHANGES.

mailto:Clide.cork@dccsystem.gov

SECTION H - SPECIAL CONTRACTS REQUIREMENTS

SECTION I - CONTRACT CLAUSES

I.1 Applicability of General Provisions Applicable to the DC Courts

Contracts.

The General Provisions Applicable to DC Courts Contracts (Attachment J. 1) shall be applicable to the contract resulting from this solicitation.

I.2 Protest.

I.2.1 Any aggrieved person may protest this solicitation, award or proposed contract award in accordance with Chapter 8 of the Procurement Guidelines of the District of Columbia Courts. Protest shall be filed in writing, within ten (10) working days after the basis of the protest is known (or should have been known), whichever is earlier with the Contracting Officer at:

I.2.1.1 Administrative Services Division

District of Columbia Courts

700 6th Street, N.W., Suite 1223

Washington, DC 20001

I.2.2 A protest shall include the following:

I.2.2.1 Name, address and telephone number of the protester;

I.2.2.2 solicitation or contract number;

I.2.2.3 Detailed statement of the legal and factual grounds for the protest, including copies of relevant documents;

I.2.2.4 Request for a ruling by the Contracting Officer; and

I.2.2.5 Statement as to the form of relief requested.

I.3 Debriefing (MAR 2010)

I.3.1 An unsuccessful offeror may request a debriefing by submitting a written request to the Contracting Officer at the address specified in I.11 above within (3) calendar days from the date of receipt of the notification of award.

I.4 Insurance

I.4.1 General Requirements

The Contractor shall procure and maintain, during the entire period of performance under this contract, the types of insurance specified below. The

Contractor shall have its insurance broker or insurance company submit a

Certificate of Insurance to the Contracting Officer giving the evidence of required coverage prior to commencing work under this contract. In no event shall any work be performed until the required Certificates of Insurance signed by an authorized representative of that insurer(s) have been provided to and accepted by the Contracting Officer. All insurance shall be written with financially responsible companies authorized to do business in the District of Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best Company rating of A-VIII or higher. All insurance shall set forth the District of Columbia

Courts as an additional insured. The policies of insurance shall provide for at least thirty (30) day written notice to the District of Columbia Courts prior to their termination or material alteration. The Contractor shall require all subcontractors to carry the same insurance required herein. The Contractor shall ensure that all policies provide that the Contracting Officer shall be given thirty (30) days prior written notice in the event that a stated limit in the declaration page is reduced via endorsement or the policy is cancelled prior to the expiration date shown on the certificate. The Contractor shall provide the Contracting Officer with ten (10) days prior written notice in the event of non-payment of premium.

I.4.2 Employer’s Liability Insurance

Commercial General Liability Insurance. The Contractor shall provide evidence satisfactory to the CO with respect to the services performed that it carries

$250,000.00 per occurrence limits; $500,000.00 aggregate; Bodily Injury and

Property Damage including, but not limited to: premises-operations; broad form property damage; Products and Completed Operations; Personal and Advertising

Injury; contractual liability and independent contractors. The policy coverage shall include the District of Columbia Courts as an additional insured, shall be primary and non-contributory with any other insurance maintained by the District of Columbia Courts, and shall contain a waiver of subrogation. The Contractor shall maintain Completed Operations coverage for the one (1) year period following final acceptance of the work performed under this contract.

I.4.3 Duration

The Contractor shall carry all required insurance until the contract work is accepted by the Courts and shall carry the required General Liability; and any required Employment Practices Liability Insurance for five (5) years following final acceptance of the work performed under this contract.

I.4.4 Notification

The Contractor shall immediately provide the Contracting Officer with written notice in the event its insurance has or will be substantially changed, cancelled or not renewed, and provide an updated Certificate of Insurance to the Contracting

Officer.

I.4.5 Certificates of Insurance

The Contractor shall submit Certificates of Insurance giving evidence of the required insurance coverage as specified in this section prior to commencing work. Evidence of insurance shall be submitted to:

Reginald Ramdat

Senior Contract Specialist

700 6 Street NW, Suite 1200

Washington, DC 20001

Phone: (202)879-2865

Reginald.ramdat@dccsystem.gov

I.4.6 Disclosure of Information

The Contractor agrees that the Courts may disclose the name and contact information of its insurers to any third party which presents a claim against the

Courts for any damages or claims resulting from or arising out of work performed by the Contractor, its agents, employees, servants or subcontractors in the performance of this contract.

I.5 Time

Time, if stated in number of days, will include Saturdays, Sundays, & holidays, unless otherwise stated herein.

mailto:Reginald.ramdat@dccsystem.gov

PART III

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 General Provisions Applicable to D.C. Courts Contracts

J.2 Certification of Eligibility

J.3 Tax Certification Affidavit

J.4 Past Performance Evaluation Form

J.5 D.C. Courts Release of Claims form

PART IV

REPRESENTATIONS AND INSTRUCTIONS

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 Proposal Submission and Identification

L.1.1.1 Proposals shall be submitted by email to: Reginald Ramdat, Senior

Contract Specialist at reginald.ramdat@dccsystem.gov no later than 1:00 p.m. EST, on January 18, 2023.

L.1.2 The offeror’s “Subject” email shall indicate: Proposal submission in response to Solicitation No. DCSC-23-RFP-37 – Judicial Support

Services.

L.3 Past Performance:

L.3.1 The information requested in this section shall facilitate the evaluation of the

Offeror’s past performance in delivering the Court’s requirements as described herein. Offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.

L.3.2 The Offeror shall provide any information to substantiate the Offeror’s past performance in completing the requirements of Section C. The Offeror shall provide the following information:

L.3.2.1 The offeror shall have at least three (3) past performance references complete a

Past Performance Evaluation Form (Attachment J.4) and return them by email to the Contract Specialist . This information will be used to query previous customers regarding Offerors past performance on contracts. Offerors shall assure that customers listed in the proposal complete and sign the

Performance Evaluation Form and return them with the technical proposal submission. For each reference contacted, the contact person will be requested to confirm the Period of performance, dollar amount, Timeliness of Performance, Cost Control Business Relations and Customer Satisfaction.

L.4 Past performance information will be used for both responsibility determinations and as an evaluation factor against which Offeror’s relative ranking will be compared in accordance with the evaluation criteria set forth in Section M. The

Court will focus on information that demonstrates quality of performance relative mailto:reginald.ramdat@dccsystem.gov to the similarity of scope, magnitude and complexity to that detailed in the RFP.

In determining the rating for the past performance, the Court may give consideration to the contracts, which are relevant to the RFP.

L.5 The Court reserves the right to contact the owners of projects known to have been completed within the last three (3) years but not supplied as references, and the information received may be used in the evaluation of past performance.

L.6 Disclosure.

L.6.1 This section of the proposal shall include the disclosure information described below:

L.6.1.1 Disclosure details of any legal action or litigation past or pending against the offeror;

L.6.1.2 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; and

L.6.1.3 Documentary evidence (e.g., certificates) that the offeror is authorized to conduct business in the District of Columbia, and the offeror is current in its tax obligation to the District of Columbia.

L.7 Proposal Submission Date and Time, Late Submission, Modifications and

Withdrawals.

L.7.1 Proposals shall be submitted no later than the date and time specified in the solicitation. Proposals, modifications to proposals, or requests for withdrawal that are received in the designated Courts office after the exact local time specified above, are "late" and shall be considered only if they are received before the award is made and one (1) or more of the following circumstances apply:

L.7.1.1 The proposal is the only proposal received.

L.7.2 A late modification of a successful proposal which makes its terms more favorable to the Courts shall be considered at any time it is received and may be accepted.

L.8 Questions.

L.8.1 Questions concerning this Request for Proposals must be directed by e-mail to:

Reginald Ramdat, Senior Contract Specialist, Procurement and Contracts Branch

Administrative Services Division

District of Columbia Courts

700 6th Street, N.W., Suite 1200

Washington, D.C. 20001

Reginald.ramdat@dccsystem.gov

Telephone: 202-879-2865

L.8.2 For further information on submission of questions, please refer to section L.5 of this RFP.

L.9 Explanation to Prospective Offerors.

Any prospective offeror desiring an explanation or interpretation of this solicitation must request it by email no later than January 10, 2023, by

1:00 p.m. Requests should be directed to the procurement contact person at the e-mail address listed in Section L.8. Any substantive information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offerors. Oral explanations or instructions given before the award of the contract will not be binding.

L.10 Changes to the RFP.

The terms and conditions of this RFP may only be modified by written addenda issued by the Contracting Officer, any oral representations to the contrary notwithstanding.

L.11 Contract Award.

L.11.1 The Courts intend to make an award to the responsible offeror whose proposal represents the best value to the Courts taking into consideration the evaluation factors set forth in Section M.

L.11.2 The Courts may award a contract on the basis of initial offers received, without discussion. Therefore, each initial offer should contain the offeror's best terms from a standpoint of price, technical, and other factors.

mailto:Reginald.ramdat@dccsystem.gov

L.12 Final Proposal Revisions (FPRs).

The Courts may award a contract upon the basis of initial offers received, without discussions. Therefore, each initial offer shall contain the offeror's best terms from a cost and technical standpoint. However, if discussions are held with offerors, all offerors within the competitive range will be notified regarding the holding of discussions and will be provided an opportunity to submit written Final Proposal Revisions at the designated date and time. If any modification is submitted, it must be received by the date and time specified and is subject to the "Late Submissions, Modifications, and Withdrawals of Proposals" provisions of this solicitation. After receipt of Final Proposal Revisions, no discussions will be reopened unless the Contracting Officer determines that it is clearly in the Courts best interest to do so. If discussions are reopened, the Contracting Officer shall issue an additional request for Final Proposal Revisions to all offerors still within the competitive range.

L.13 Cancellation of Award.

The District of Columbia Courts reserve the right, without liability to the Court, to cancel the award of any contract at any time prior to the approval of a formal written contract signed by the Executive Officer and Administrative Officer of the

District of Columbia Courts.

L.14 Official Offer.

Offers signed by an agent shall be accompanied by evidence of that agent’s authority unless that evidence has been previously furnished to the Contracting

L.15 Certifications, Affidavits, and Other Submissions.

Offerors shall complete and return with their proposal the Representations and

Certifications: Tax Certification Affidavit and J.2 and J. 3 - Past Performance

Form).

L.16 Retention of Proposals.

All proposal documents shall be the property of the District of Columbia Courts and retained by the Courts, and therefore will not be returned to the offerors. One

(1) copy of each proposal shall be retained for official files and will become a public record after the award and open to public inspection. It is understood that the proposal will become a part of the official file on this matter without obligation on the part of the Courts except as to the disclosure restrictions contained in herein.

L.17 Public Disclosure under FOIA.

Trade secrets or proprietary information submitted by an offeror in connection with procurement shall not be subject to public disclosure under the District of

Columbia Freedom of Information Act (FOIA). This Act is not applicable to the

Court. 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.

L.18 Examination of Solicitation.

Offerors are expected to examine the Statement of Work and all instructions and attachments in this solicitation. Failure to do so will be at the offeror's risk.

L.19 Acknowledgment of Amendments.

Offerors shall acknowledge receipt of any amendment to this solicitation by (a) signing and returning the amendment; (b) identifying the amendment number and date in the proposal; or (c) letter. The District of Columbia Courts must receive the acknowledgment by the date and time specified for receipt of offers. Offeror's failure to acknowledge an amendment may result in rejection of the offer.

L.20 Right to Reject Proposals.

The Courts reserve the right to reject, in whole or in part, any and all proposals received as the result of this RFP.

L.21 Proposal Preparation Costs.

Each offeror shall bear all costs it incurs in providing responses to this RFP and for providing any additional information required by the Courts to facilitate the evaluation process. The successful offeror shall also bear all costs incurred in conjunction with contract development and negotiation.

L.22 Prime Contractor’s Responsibilities.

L.22.1 Each offeror may propose services that are provided by others, but any service(s) proposed must meet all of the requirements of this RFP.

L.22.2 If the offeror's proposal includes services provided by others, the offeror will be required to act as the prime Contractor for all such items and must assume full responsibility for the procurement, delivery, and quality of such services. The

Contractor will be considered the sole point of contact with regard to al stipulations, including payment of all charges and the meeting of all requirements of this RFP.

L.23 Contract Type

This is a firm-fixed Hourly Rate Contract.

L.24 Failure to Respond to Solicitation.

In the event that a prospective offeror does not submit an offer in response to the solicitation, the prospective offeror should advise the Contracting Officer by letter or postcard whether the prospective offeror wants any future solicitations for similar requirements. If the prospective offeror does not submit an offer for three successive offer openings and does not notify the Contracting Officer that future solicitations are desired, the prospective offeror’s name may be removed from applicable mailing list.

L.25 Signing Offers and Certifications.

Each offer must provide a full business address and telephone number of the offeror and BE SIGNED BY THE PERSON OR PERSONS LEGALLY

AUTHORIZED TO SIGN CONTRACTS. All correspondence concerning the offer or resulting contract will be mailed to the address shown above on the offer in the absence of written instructions from the offeror or contractor to the contrary. Any offer submitted by a partnership must be signed with the partnership name by a general partner with authority to bind the partnership. Any offer submitted by a corporation must include the signature and title of the person having authority to sign for the corporation. Upon request, an offeror shall provide to the Courts satisfactory evidence of authority of the person signing on behalf of the corporation. If an agent signs an offer, the offeror shall submit to the

Contracting Officer, the agent’s authority to bind the offeror. Offeror shall complete and sign all Representations and Acknowledgments, as appropriate.

Failure to do so may result in the offer being rejected.

L.26 Errors in Offers.

Offerors shall fully inform themselves as to all information and requirements contained in the solicitation. Failure to do so will be at the offeror’s risk. In the event of a discrepancy between the unit price and the extended price, the unit price shall govern.

L.27 Authorized Negotiators.

The offeror shall include in its proposal a statement indicating those persons authorized to negotiate on the offeror's behalf with the District of Columbia

Courts in connection with this Request for Proposals: (list names, titles, and telephone numbers of the authorized negotiators). Offerors are expected to examine the Statement of Work and all instructions and attachments in this solicitation. Failure to do so will be at the offeror's risk.

L.28 Acceptance Period.

The Offeror agrees to keep its offer open for one hundred twenty (120) days from the date specified in this solicitation for the submission of proposals, or if it is a

Final Proposal Revision (FPR) is accepted within one hundred twenty (120) days from the date specified for submission thereof to furnish services at the price stated in the price proposal, delivered or performed at the designated place within the time specified in this solicitation.

PART V

SECTION M - EVALUATION FACTORS

M.1 Evaluation for Award.

The contract will be awarded to the responsible offeror whose offer is most advantageous to the Courts, based upon the evaluation criteria specified below.

Thus, while the points in the evaluation criteria indicate their relative importance, the total scores will not necessarily be determinative of the award.

Rather, the total scores will guide the Courts in making an intelligent award decision based upon the evaluation criteria. The Courts may award a contract upon the basis of initial offers received, without discussions. Therefore, each initial offer shall contain the offeror's best terms from a cost and technical standpoint.

M.2 Evaluation Criteria

The evaluation factors set forth below shall be used to evaluate each proposal.

The maximum points for technical are 100 total points. The criteria for evaluating the proposals and their respective points are as follows:

Item No. EVALUATION CRITERIA MAXIMUM

POINTS

M.2.1

Educational Qualification of Contractor/Consultant (copy college transcript or diploma)

M.2.2

Work Experience of Consultant/Contractor (Resume)

M.2.3

Consultant/Contractor’s Past Performance References

(Completed Attachment J.4 from 3 references)

TOTAL 100

M.3 Price Proposal Evaluation

M.3.1 The Courts will not rate or score price, but will evaluate each offeror’s price proposal for reasonableness, and completeness. This evaluation will reflect the offeror’s understanding of the solicitation requirements and the validity of the offeror’s approach to performing the work.

M.3.2 Reasonableness. In evaluating reasonableness, the Courts will determine if the offeror’s proposed prices, in nature and amount, do not exceed those which would be incurred by a prudent contractor in the conduct of competitive business. The assessment of reasonableness will take into account the context of the source selection, including current market conditions and other factors that may impact price.

M.3.3 Completeness. In evaluating completeness, the Courts will determine if the offeror’s provides pricing data of sufficient detail to fully support the offer and permit the Courts to evaluate the proposal thoroughly.

M.4 Prospective Contractor's Responsibility.

M.4.1 In order to receive an award under this RFP, the Court’s Contracting Officer must determine that the prospective contractor has the capability in all respects to perform fully the contract requirements. To be deemed responsible, a prospective contractor must establish that it has:

M.4.1.1 Financial resources adequate to perform the contract, or the ability to obtain them;

M.4.1.2 Ability to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

M.4.1.3 A satisfactory record of performance;

M.4.1.4 The necessary organization, experience, accounting and operational control; and technical skills, or the ability to obtain them;

M.4.1.5 Compliance with the applicable District licensing, tax laws, and regulations;

M.3.1.6 The necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

M.4.1.7 Other qualifications and eligibility criteria necessary to receive an award under applicable laws and regulations.

M.4.2 The Courts reserves the right to request from a prospective contractor information necessary to determine the prospective contractor's responsibility. Information is to be submitted upon the request of the Courts within the time specified in the request. Failure of an offeror to comply with a request for information may subject the offeror's proposal to rejection on responsibility grounds. If a prospective contractor fails to supply the requested information, the Court’s

Contracting Officer shall make the determination of responsibility or nonresponsibility based on available information. If the available information is insufficient to make a determination of nonresponsibility, the Court’s Contracting

Officer shall determine the offeror to be nonresponsible.

DISTRICT OF COLUMBIA

COURTS GENERAL

PROVISIONS

FOR USE WITH

COURTS’ SUPPLY &

SERVICES CONTRACTS

(Revised April 2007)

(Revised May 2017)

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS

BRANCH SUITE 622

616 H STREET, N.W.,

WASHINGTON, D.C.

20001

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…