18R0093_asof_7-11-18.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

See Block 16C

4. REQUISITION/PURCHASE REQ. NO.

PSIO180009

5. PROJECT NO. (If applicable)

PMDCODE

Robert Grinstead, 202-502-2053 Procurement Management Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 3-250 Washington, DC 20544-0001

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

USCA18R0093

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

06/29/2018

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment to make OGC adjustments.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

USCA18R0093 /0001 - Page 1 of 25

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0001 NextGen OSCAR Pilot (Stages 1 and 2) Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Priced in accordance with the attached Pricing Schedule.

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0002 NextGen OSCAR Deployment Stage 3

(OPTIONAL)

Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Priced in accordance with the attached Pricing Schedule.

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

1001 NextGen OSCAR Operations and Maintenance

(Option 1)

Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Priced in accordance with the attached Pricing Schedule.

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

2001 NextGen OSCAR Operations and Maintenance

(Option 2)

Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Priced in accordance with the attached Pricing Schedule.

USCA18R0093 /0001 - Page 2 of 25

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

3001 NextGen OSCAR Operations and Maintenance

(Option 3)

Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Priced in accordance with the attached Pricing Schedule.

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

4001 NextGen OSCAR Operations and Maintenance

(Option 4)

Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Priced in accordance with the attached Pricing Schedule.

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

5001 NextGen OSCAR Operations and Maintenance

(Option 5)

Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Priced in accordance with the attached Pricing Schedule.

C-0 Statement of Work

Refer to Section J, Attachment 1, Statement of Work for the NextGen OSCAR System.

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

USCA18R0093 /0001 - Page 3 of 25

Clause Title Date

2-5B Inspection of Services APR 2013

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

2-60 Stop-Work Order JAN 2010

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

7-1 Contract Administration JAN 2003

7-5 Contracting Officer's Technical Representative JAN 2003

3-305 Payment by Electronic Funds Transfer-System for Award

Management (SAM) Registration

APR 2013

7-125 Invoices APR 2011

7-10 Contractor Representative JAN 2003

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

Name: ___________________________________________________________________________ Address: ___________________________________________________________________________ Telephone: ___________________________________________________________________________ Email: ___________________________________________________________________________ Fax: ___________________________________________________________________________

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

(END)

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

1-1 Employment by the Government JAN 2003

7-55 Contractor Use of Judiciary Networks JAN 2003

2-65 Key Personnel AUG 2004

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

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

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

(3) Except as provided in paragraph (4) of this clause, at least 30 days (60 days if security clearance is required) in advance of the proposed substitution, all proposed substitutions of key personnel shall be submitted in writ-ing to the contracting officer, including the information required in paragraph (5) of this provision.

USCA18R0093 /0001 - Page 4 of 25

(4) The following identifies the requirements for situations where individuals proposed as key personnel be-come unavailable because of sudden illness, death or termination of employment. The contractor shall within 5 work days after the event, notify the contracting officer in writing of such unavailability. If the event happens after award, the contracting officer will determine if there is an immediate need for a temporary substitute and a continuing requirement for a permanent substitute for the key personnel position. The contracting officer will promptly inform the contractor of this determination. If the contracting officer specifies that a temporary substi-tute is required, the contractor shall as soon as is practical identify who will be performing the work as a tem-porary substitute. The temporary substitute will then start performance on a date mutually acceptable to the con-tracting officer and the contractor. Within 15 work days following the event, if the contracting officer specifies that a permanent substitute is required, the contractor shall submit, in writing, for the contracting officer's ap-proval, the information required in (5) and (6) below, for a proposed permanent substitute for the unavailable individual. The approval process will be the same as (7) below.

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

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

(a) name of person;

(b) functional responsibility;

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

(d) citizenship status;

(e) experience including, in reverse chronological order for up to ten years, area(s) or work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descrip-tions of experience for each position held including specific experience related to the requirements of this con-tract; and

(f) certification that the information contained in the resume is correct and accurate (signature of key person and date signed, and signature of the supervisor or higher authority and date signed will be accepted as certifica-tion).

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

The following individuals are designated as key personnel under this contract:

[Contracting Officer to add names upon contract award]

(END)

7-50 Parking JAN 2010

There is no contractor parking available at the Thurgood Marshall Federal Judiciary Building (TMFJB). In the event that this contract requires the delivery of equipment or materials to the TMFJB, the contractor shall park delivery vehicles at designated locations within the TMFJB Complex ONLY WHILE LOADING AND UN- LOADING THE VEHICLE. Arrangements for pick-up and delivery at the TMFJB shall be coordinated with the COTR and made in accordance with building management policies.

(END)

6-65 (deviation)

Rights in Data-Special Works

(a) Definitions. As used in this clause:

"Data" means recorded information, regardless of form or the media on which it may be recorded. The term in-cludes technical data and computer software. The term does not include information incidental to contract ad-ministration, such as financial, administrative, cost or pricing, or management information.

"Unlimited rights" means the rights of the judiciary to use, disclose, reproduce, prepare derivative works, dis-tribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and

USCA18R0093 /0001 - Page 5 of 25 to have or permit others to do so.

(b) Allocation of Rights.

(1) The judiciary shall have:

(i) unlimited rights in all TRAINING MATERIALS ONLY data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause;

(ii) the right to limit assertion of copyright in data first produced in the performance of this contract, and to ob-tain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause;

(iii) the right to limit the release and use of certain data in accordance with paragraph (d) of this clause.

(2) The contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract.

(c) Copyright:

(1) Data first produced in the performance of this contract

(i) The contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the contracting officer. When copyright is asserted, the contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and ac-knowledgment of judiciary sponsorship (including contract number) to the data when delivered to the judiciary, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The contractor grants to the judiciary, and others acting on its behalf, a paidup, nonexclusive, irrevoc-able, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the judiciary.

(ii) If the judiciary desires to obtain copyright in data first produced in the performance of this contract and per-mission has not been granted as set for in paragraph (c)(1)(i) of this clause, the contracting officer shall direct the contractor to assign (with or without registration), or obtain the assignment of, the copyright to the judiciary or its designated assignee.

(2) Data not first produced in the performance of this contract. The contractor shall not, without prior written permission of the contracting officer, incorporate in data delivered under this contract any data not first pro-duced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the contractor identifies such data and grants to the judiciary, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause.

(c) Release and use restrictions. Except as otherwise specifically provided for in this contract, the contractor shall not use, release, reproduce, distribute, or publish,any data first produced in the performance of this con-tract, nor authorize others to do so, without written permission of the contracting officer.

(d) Indemnity. The contractor shall indemnify the judiciary and its officers, agents, and employees acting for the judiciary against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, proprietary rights, copyrights, or right of privacy or publicity, arising out of the creation, delivery, pub-lication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the judiciary provides notice to the contractor as soon as practicable of any claim or suit, affords the contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the contractor's consent to the settle-ment of any suit or claim other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the contractor by the judiciary and incorporated in data to which this clause applies.

(END)

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

1-10 Gratuities or Gifts JAN 2010

1-15 Disclosure of Contractor Information to the Public AUG 2004

1-5 Conflict of Interest AUG 2004

2-55 Privacy or Security Safeguards JAN 2003

USCA18R0093 /0001 - Page 6 of 25

7-135 Payments JAN 2003

7-140 Discounts for Prompt Payment JAN 2003

7-15 Observance of Regulations/Standards of Conduct JAN 2003

7-20 Security Requirements APR 2011

7-235 Disputes JAN 2003

7-25 Indemnification AUG 2004

7-35 Disclosure or Use of Information APR 2010

7-30 Public Use of the Name of the Federal Judiciary JAN 2003

7-210 Payment for Emergency Closures APR 2013

2-140 Judiciary IT Security Standards APR 2013

2-20A Incorporation of Warranty JAN 2003

3-120 Order of Precedence JAN 2003

3-105 Audit and Records APR 2011

3-205 Protest after Award JAN 2003

3-25 Protecting the Judiciary's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2014

3-300 Registration in the System for Award Management (SAM) APR 2013

3-35 Covenant Against Contingent Fees JAN 2003

3-40 Restrictions on Subcontractor Sales to the Judiciary JUN 2014

3-45 Anti-Kickback Procedures JUN 2012

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

Improper Activity

JUN 2012

3-55 Price or Fee Adjustment for Illegal or Improper Activity JUN 2012

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

6-85 Commercial Computer Software License APR 2013

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

7-110 Bankruptcy JAN 2003

7-150 Extras JAN 2003

7-185 Changes APR 2013

7-215 Notification of Ownership Changes JAN 2003

7-220 Termination for Convenience of the Judiciary (Fixed Price) JAN 2003

7-230 Termination for Default - Fixed-Price Products and Services JAN 2003

7-85 Examination of Records JAN 2003

USCA18R0093 /0001 - Page 7 of 25

2-50 Continuity of Services JAN 2003

2-80 Judiciary Property JAN 2003

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)

2-90C Option to Extend Services APR 2013

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

(END)

2-90D Option to Extend the Term of the Contract APR 2013

(a) The judiciary may extend the term of this contract by written notice to the contractor no later than two calen-dar days prior to the contract's current expiration date; provided that the judiciary gives the contractor a prelim-inary written notice of its intent to extend at least two calendar days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the judiciary to an extension.

(b) If the judiciary exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 63 months.

(END)

6-60 Rights in Data - General JUN 2012

(a) Definitions. As used in this clause:

"Computer Database" or "Database" means a collection of recorded information in a form capable of, and for the purpose of , being stored in, processed, and operated on by a computer. The term does not include computer software.

"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.

"Computer Software Documentation" means owner's manuals, user's manuals, installation instructions, operat-ing instructions, and other similar items, regardless of storage medium, that explain the capabilities of the com-puter software or provide instructions for using the software.

"Data" means recorded information, regardless of form or the media on which it may be recorded. The term in-cludes technical data and computer software. The term does not include information incidental to contract ad-ministration, such as financial, administrative, cost or pricing, or management information.

"Form, Fit, and Function Data" means data relating to items, components, or processes that are sufficient to en-able physical and functional interchangeability, and data identifying source, size, configuration, mating, and at-

USCA18R0093 /0001 - Page 8 of 25 tachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically ex-cludes the source code, algorithms, processes, formulas, and flow charts of the software.

"Limited Rights" means the rights of the judiciary in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause.

"Limited Rights Data" means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or pro-cesses developed at private expense, including minor modifications.

"Restricted Computer Software" means computer software developed at private expense and that is a trade secret, is commercial or financial and is confidential or privileged, or is copyrighted computer software, includ-ing minor modifications of the computer software.

"Restricted Rights," as used in this clause, means the rights of the judiciary in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g)(4) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.

"Technical Data" means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases. (See 41 U.S.C. 116).

"Unlimited Rights" means the rights of the judiciary to use, disclose, reproduce, prepare derivative works, dis-tribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of Rights

(1) Except as provided in paragraph (c) of this clause, the judiciary shall have unlimited rights in:

(i) Data first produced in the performance of this contract;

(ii) Form, fit, and function data delivered under this contract;

(iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or in-structional and training material for installation, operation, or routine maintenance and repair of items, compon-ents, or processes delivered or furnished for use under this contract; and

(iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.

(2) The contractor shall have the right to--

(i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause;

(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause;

(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and

(iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause.

(c) Copyright:

(1) Data First Produced in the Performance of this Contract

(i) Unless provided otherwise in paragraph (d) of this clause, the contractor may, without prior approval of the contracting officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia pro-ceedings or similar works. The prior, express written permission of the contracting officer is required to assert copyright in all other data first produced in the performance of this contract.

(ii) When authorized to assert copyright to the data, the contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402 and acknowledgment of judiciary sponsorship (including contract number).

(iii) For data other than computer software, the contractor grants to the judiciary, and others acting on its behalf, a paid-up, nonexclusive, irrevocable worldwide license in such copyrighted data to reproduce, prepare derivat-ive works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the judi-ciary. For computer software, the contractor grants to the judiciary and others acting on its behalf, a paid-up

USCA18R0093 /0001 - Page 9 of 25 nonexclusive, irrevocable worldwide license in such copyrighted computer software to reproduce, prepare de-rivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on be-half of the judiciay.

(2) Data Not First Produced in the Performance of this Contract. The contractor shall not, without prior written permission of the contracting officer, incorporate in data delivered under this contract any data not first pro-duced in the performance of this contract unless the contractor:

(i) Identifies the data; and

(ii) Grants to the judiciary, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the judiciary shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract.

(3) Removal of Copyright Notices. The judiciary will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data.

(d) Release, Publication and Use of Data. The contractor shall have the right to use, release to others, repro-duce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except:

(1) As prohibited by federal law or regulation (e.g., export control or national security laws or regulations);

(2) As expressly set forth in this contract; or

(3) If the contractor receives or is given access to data necessary for the performance of this contract that con-tain restrictive markings, the contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the contracting officer.

(e) Unauthorized Marking of Data

(1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data de-livered under this contract are marked with the notices specified in paragraph (g)(3) or (g)(4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the contracting officer may at any time either return the data to the contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings.

(i) The contracting officer will make written inquiry to the contractor affording the contractor 60 days from re-ceipt of the inquiry to provide written justification to substantiate the propriety of the markings;

(ii) If the contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the contracting officer for good cause shown), the judiciary shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions.

(iii) If the contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the contracting officer shall consider such written justification and de-termine whether or not the markings are to be cancelled or ignored. If the contracting officer determines that the markings are authorized, the contractor shall be so notified in writing. If the contracting officer determines, with concurrence of the judiciary Procurement Executive, that the markings are not authorized, the contracting of-ficer will furnish the contractor a written determination, which determination will become the final agency de-cision regarding the appropriateness of the markings unless the contractor files suit in a court of competent jur-isdiction within 90 days of receipt of the contracting officer's decision. The judiciary will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the contracting officer's determination becoming final (in which instance the judiciary will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed.

(2) Except to the extent the judiciary's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the judiciary removing or ig-noring authorized markings on data delivered under this contract.

(f) Omitted or Incorrect Markings

(1) Data delivered to the judiciary without any restrictive markings shall be deemed to have been furnished with unlimited rights. The judiciary is not liable for the disclosure, use, or reproduction of such data.

(2) If the unmarked data has not been disclosed without restriction outside the judiciary, the contractor may re-

USCA18R0093 /0001 - Page 10 of 25 quest, within 6 months (or a longer time approved by the contracting officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the contractor's expense.

The contracting officer may agree to do so if the contractor:

(i) Identifies the data to which the omitted notice is to be applied;

(ii) Demonstrates that the omission of the notice was inadvertent;

(iii) Establishes that the proposed notice is authorized; and

(iv) Acknowledges that the judiciary has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice.

(3) If the data has been marked with an incorrect notice, the contracting officer may --

(i) Permit correction at the contractor's expense if the contractor identifies the data and demonstrates that the correct notice is authorized, or

(ii) Correct any incorrect notices.

(g) Protection of Limited Rights Data and Restricted Computer Software

(1) The contractor may withold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the contractor shall --

(i) Identify the data being withheld; and

(ii) Furnish form, fit, and function data instead.

(2) Limited rights data that are formatted as a computer database for delivery to the judiciary shall be treated as limited rights data and not restricted computer software.

(h) Subcontracting. The contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the contractor's obligations to the judiciary under this contract. If a subcontractor refuses to accept terms affording the judiciary those rights, the contractor shall promptly notify the contracting officer of the refusal and shall not proceed with subcontract award without authorization in writing from the contracting officer.

(i) Relationship to Patents or Other Rights. Nothing contained in this clause shall imply a license to the judi-ciary under any patent or be construed as affecting the scope of any license or other right otherwise granted to the judiciary.

(END)

6-110 Deferred Ordering of Technical Data or Computer Software JUN 2014

In addition to technical data or computer software specified elsewhere in this contract to be delivered hereunder, the Government may, at any time during the performance of this contract or within a period of three (3) years after acceptance of all items (other than technical data or computer software) to be delivered under this contract or the termination of this contract, order any technical data or computer software generated in the performance of this contract or any subcontract hereunder. When the technical data or computer software is ordered, the Contractor shall be compensated for converting the data or computer software into the prescribed form, for re-production and delivery. The obligation to deliver the technical data of a subcontractor and pertaining to an item obtained from him shall expire three (3) years after the date the Contractor accepts the last delivery of that item from that subcontractor under this contract. The Government's rights to use said data or computer software shall be pursuant to the "Rights in Data" clause of this contract.

(end)

7-40 Judiciary-Contractor Relationships JAN 2003

(a) The judiciary and the contractor understand and agree that the services to be delivered under this contract by the contractor to the judiciary are non-personal services. The parties recognize and agree that no employer-em-ployee or master-servant relationships exist or will exist under the contract between the judiciary and the con-tractor and/or between the judiciary and the contractor's employees. It is therefore, in the best interest of the ju-diciary to afford the parties a full and complete understanding of their respective obligations.

(b) The contractor and/or the contractor's personnel under this contract shall not:

(1) be placed in a position where they are appointed or employed by a federal officer, or are under the supervi-sion, direction, or evaluation of a federal officer;

(2) be placed in a staff or policy making position;

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(3) be placed in a position of command, supervision, administration or control over judiciary personnel or the personnel of other contractors, or become a part of the judiciary organization;

(4) be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations.

(c) Employee Relationship.

(1) The services to be performed under this contract do not require the contractor or its employees to exercise personal judgement and discretion on behalf of the judiciary. The contractor's employees will act and exercise personal judgement and discretion on the behalf of the contractor, as directed by the contractor's supervisory personnel, and in accordance with the contract terms and conditions.

(2) Rules, regulations, directions, and requirements issued by the judiciary under the judiciary's responsibility for good order, administration, security, and safety are applicable to all personnel physically located on-site, in-clusive of contractor personnel who are required under the terms and conditions of this contract to be so loc-ated.. This is not to be construed or interpreted to establish any degree of judiciary control which is inconsistent with a non-personal services contract.

(END)

7-130 Interest (Prompt Payment) JAN 2003

The provisions of the Prompt Payment Act of 1982 and OMB Budget Circular A-125 concerning interest on overdue payments are not applicable to the judiciary. Therefore, interest is not payable under this contract for overdue payments.

(END)

7-175 Assignment of Claims JAN 2003

(a) The contractor may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any federal lending agency.

The assignee under such an assignment may thereafter further assign or reassign its right under the original as-signment to any type of financing institution described in the preceding sentence.

(b) Any assignment or reassignment authorized under this clause will cover all unpaid amounts payable under this contract, and will not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract.

(c) The contractor shall not furnish or disclose to any assignee under this contract any sensitive or classified document (including this contract) or information related to work under this contract unless the contracting of-ficer authorizes such action in writing.

(END)

6-65 Rights in Data-Special Works JAN 2010

(a) Definitions. As used in this clause:

"Data" means recorded information, regardless of form or the media on which it may be recorded. The term in-cludes technical data and computer software. The term does not include information incidental to contract ad-ministration, such as financial, administrative, cost or pricing, or management information.

"Unlimited rights" means the rights of the judiciary to use, disclose, reproduce, prepare derivative works, dis-tribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of Rights.

(1) The judiciary shall have:

(i) unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause;

(ii) the right to limit assertion of copyright in data first produced in the performance of this contract, and to ob-tain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause;

(iii) the right to limit the release and use of certain data in accordance with paragraph (d) of this clause.

(2) The contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract.

(c) Copyright:

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(1) Data first produced in the performance of this contract

(i) The contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the contracting officer. When copyright is asserted, the contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and ac-knowledgment of judiciary sponsorship (including contract number) to the data when delivered to the judiciary, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The contractor grants to the judiciary, and others acting on its behalf, a paidup, nonexclusive, irrevoc-able, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the judiciary.

(ii) If the judiciary desires to obtain copyright in data first produced in the performance of this contract and per-mission has not been granted as set for in paragraph (c)(1)(i) of this clause, the contracting officer shall direct the contractor to assign (with or without registration), or obtain the assignment of, the copyright to the judiciary or its designated assignee.

(2) Data not first produced in the performance of this contract. The contractor shall not, without prior written permission of the contracting officer, incorporate in data delivered under this contract any data not first pro-duced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the contractor identifies such data and grants to the judiciary, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause.

(c) Release and use restrictions. Except as otherwise specifically provided for in this contract, the contractor shall not use, release, reproduce, distribute, or publish,any data first produced in the performance of this con-tract, nor authorize others to do so, without written permission of the contracting officer.

(d) Indemnity. The contractor shall indemnify the judiciary and its officers, agents, and employees acting for the judiciary against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, proprietary rights, copyrights, or right of privacy or publicity, arising out of the creation, delivery, pub-lication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the judiciary provides notice to the contractor as soon as practicable of any claim or suit, affords the contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the contractor's consent to the settle-ment of any suit or claim other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the contractor by the judiciary and incorporated in data to which this clause applies.

(END)

6-60 Alt I Rights in Data - General JAN 2010

Insert the following paragraph (g)(3) in the basic clause:

(g) (3) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the delivery of limited rights data, or the contracting officer may require by written request the delivery of limited rights data that has been withheld or would otherwise be entitled to be withheld. If delivery of that data is required, the contractor shall affix the following "Limited Rights Notice" to the data and the judiciary will treat the data, sub-ject to the provisions of paragraphs (e) and (f) of this clause, in accordance with the notice:

Limited Rights Notice (JAN 2010)

(a) These data are submitted with limited rights under judiciary Contract No. _____ (and subcon-tract ______, if appropriate). These data may be reproduced and used by the judiciary with the express limita-tion that they will not, without written permission of the contractor, be used for purposes of manufacture nor disclosed outside the judiciary; except that the judiciary may disclose these data outside the judiciary for the fol-lowing purposes, if any; provided that the judiciary makes such disclosure subject to prohibition against further use and disclosure: [COs may list additional purposes as set forth in § 650.65(c) or state there are no additional purposes.]

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(b) This notice shall be marked on any reproduction of these data, in whole or in part.

(END)

6-80 Rights in Data - Existing Works JAN 2010

(a) Except as otherwise provided in this contract, the contractor grants to the judiciary, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license to reproduce, prepare derivative works, and per-form publicly and display publicly, by or on behalf of the judiciary, for all the material or subject matter called for under this contract, or for which this clause is specifically made applicable.

(b) The contractor shall indemnify the judiciary and its officers, agents, and employees acting for the judiciary against any liability, including costs and expenses, incurred as the result of (1) the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication or use of any data furnished under this contract; or (2) any libelous or other unlawful matter contained in such data. The provi-sions of this paragraph do not apply unless the judiciary provides notice to the contractor as soon as practicable of any claim or suit, affords the contractor an opportunity under applicable laws, rules, or regulations to parti-cipate in the defense of the claim or suit, and obtains the contractor's consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and do not apply to material fur-nished to the contractor by the judiciary and incorporated in data to which this clause applies.

(END)

Identifier Title Date Number of Pages

1 Statement of Work for NextGen OSCAR System 06/25/2018 2 Functional Requirement Document, August 4, 2014 06/25/2018 3 Current System Matrics for NextGen OSCAR Estimates 06/25/2018 4 NextGen OSCAR Core Capabilities Questionnaire 06/25/2018 5 NextGen OSCAR RFP Supplemental Information and Questions 06/25/2018 6 AOUSC Past Performance Questionnaire 06/25/2018 7 NextGen OSCAR Pricing Schedule 06/25/2018

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

3-15 Place of Performance JAN 2003

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 negotiat-ors).

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

(END)

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

APR 2011

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

USCA18R0093 /0001 - Page 14 of 25

(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 judg-ment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, at-tempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating federal criminal tax laws, or receiving stolen property;

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

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

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

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liablity is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial chal-lenge 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 be 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…