Terms and Conditions - SOFTW091024.pdf

This award incorporates the following Judiciary clauses:

Clause B-5, Clauses Incorporated by Reference (SEP 2010) (DEVIATION)

This contract 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. The following clauses apply as indicated:

Clause No. Title Date

[ ] Clause 2-35 F.o.b. Destination, Within Judiciary's Premises JAN

[ ] Clause 2-130 Energy Efficiency in Energy-Consuming Products APR

[ ] Clause 2-135 IEEE Standard for the Environmental Assessment of Personal Computer Products APR

[ X ] Clause 3-3 Provisions, Clauses, Terms and Conditions - Small Purchases JUN 2014

[ X ] Clause 3-300 Registration in the System for Award Management (SAM) APR 2013

[ X ] Clause 3-305 Payment by Electronic Funds Transfer – System for

Award Management (SAM) Registration APR

[ X ] Clause 3-310 Payment by Electronic Funds Transfer – Other Than http://www.uscourts.gov/procurement.aspx

System for Award Management (SAM) Registration APR

(applies if Clauses 3-300 and 3-305 do not apply)

[ ] Clause 6-85 Commercial Computer Software License APR

[ ] Clause 6-105 California E-Waste Fee APR

[ ] Clause 7-65 Protection of Judiciary Buildings, Equipment and Vegetation APR

[ ] Clause 7-115 Availability of Funds JAN

(end)

Provision 2-100 Brand Name or Equal

(a) One or more items called for by this solicitation have been identified by a brand-name-or-equal product description. Offers offering equal products will be considered for award if these products are clearly identified and are determined by the judiciary to contain all of the essential characteristics of the brand-name products referenced in the solicitation.

(b) Unless the offeror clearly indicates in the offer that the offer is for an equal product, the offer will be considered as offering a brand-name product referenced in the solicitation.

(c) If the offeror proposes to furnish an equal product, the brand name and model or catalog number, if any, of the product to be furnished shall be inserted in the space provided in the solicitation. The evaluation of offers and the determination as to equality of the product offered will be based on information furnished by the offeror or identified in the offer, as well as other information reasonably available to the purchasing activity. The purchasing activity is not responsible for locating or obtaining any information not identified in the offer and reasonably available to the purchasing activity. Accordingly, to ensure that sufficient information is available, the offeror shall furnish as a part of the offer:

(1) all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the purchasing activity to establish exactly what the offeror proposes to furnish and to determine whether the product offered meets the requirements of the solicitation; or

(2) specific references to information previously furnished or to information otherwise available to the purchasing activity to permit a determination as to equality of the product offered.

(3) If the offeror proposes to modify a product so as to make it conform to the requirements of the solicitation, the offeror shall:

(i) Include in the offer a clear description of the proposed modifications; and

(ii) Clearly mark any descriptive material to show the proposed modifications.

(END)