USCA18R0093.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

USCA18R0093 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

06/29/2018

6. REQUISITION/PURCHASE NUMBER

PSIO180009

CODE PMD

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

Suite 3-250 Washington, DC 20544-0001

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

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

SOLICITATION

3-260 17:00:00 07/30/2018

(Hour) (Date)

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

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

10. FOR

INFORMATION

CALL:

A. NAME

Robert Grinstead AREA CODE

NUMBER

502-2053

EXT.

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

Robert_Grinstead@ao.uscourts.gov

11. TABLE OF CONTENTS

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES CONTRACT

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

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE

L INSTRS., CONDS., AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA

M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes a minimum offer acceptance period.

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

12.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDER DAYS(%) 20 CALENDER DAYS(%) 30 CALENDER DAYS(%) CALENDAR DAYS

NUMBER PERCENTAGE

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

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

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

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

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

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE AFSD Accounting Division, DAS-BAPO-ACC Administrative Office of the United States Courts One Columbus Circle, N.E., Suite 5-300 Washington, DC 20544-0001

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

Judiciary Standard Form 33 (REV. 10-12)

USCA18R0093 - Page 1 of 23

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work

C-0 Statement of Work D Packaging and Marking E Inspection and Acceptance

2-5B Inspection of Services F Deliveries or Performance

2-60 Stop-Work Order G Contract Administration Data

7-1 Contract Administration 7-5 Contracting Officer's Technical Representative 3-305 Payment by Electronic Funds Transfer-System for Award Management (SAM) Registration 7-125 Invoices 7-10 Contractor Representative

H Special Contract Requirements 1-1 Employment by the Government 7-55 Contractor Use of Judiciary Networks 2-65 Key Personnel 7-50 Parking

I Contract Clauses 1-10 Gratuities or Gifts 1-15 Disclosure of Contractor Information to the Public 1-5 Conflict of Interest 2-55 Privacy or Security Safeguards 7-135 Payments 7-140 Discounts for Prompt Payment 7-15 Observance of Regulations/Standards of Conduct 7-20 Security Requirements 7-235 Disputes 7-25 Indemnification 7-35 Disclosure or Use of Information 7-30 Public Use of the Name of the Federal Judiciary 7-210 Payment for Emergency Closures 2-140 Judiciary IT Security Standards 2-20A Incorporation of Warranty 3-120 Order of Precedence 3-105 Audit and Records 3-205 Protest after Award 3-25 Protecting the Judiciary's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 3-300 Registration in the System for Award Management (SAM) 3-35 Covenant Against Contingent Fees 3-40 Restrictions on Subcontractor Sales to the Judiciary 3-45 Anti-Kickback Procedures 3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 3-55 Price or Fee Adjustment for Illegal or Improper Activity 6-40 Federal, State, and Local Taxes 6-85 Commercial Computer Software License 7-100B Limitation of Liability (Services) 7-110 Bankruptcy 7-150 Extras 7-185 Changes 7-215 Notification of Ownership Changes 7-220 Termination for Convenience of the Judiciary (Fixed Price) 7-230 Termination for Default - Fixed-Price Products and Services 7-85 Examination of Records B-5 Clauses Incorporated by Reference 2-90C Option to Extend Services 2-90D Option to Extend the Term of the Contract 6-60 Rights in Data - General

J List of Attachments

USCA18R0093 - Page 2 of 23

K Representations, Certifications and Other Statements of Offerors or Respondents 3-15 Place of Performance 3-130 Authorized Negotiators 3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters 3-30 Certificate of Independent Price Determination 3-5 Taxpayer Identification and Other Offeror Information

L Instructions, Conditions and Notices to Offerors or Respondents 3-100 Alt I Instructions to Offerors, Alternate I 3-100 Instructions to Offerors 3-315 Submission of Electronic Funds Transfer Information with Offer 3-85 Explanation to Prospective Offerors 3-95 Preparation of Offers 7-60 Judiciary Furnished Property or Services B-1 Solicitation Provisions Incorporated by Reference 4-1 Type of Contract L-0 Instructions to Offeror 3-210 Protests

M Evaluation Factors for Award 2-85A Evaluation Inclusive of Options 3-70 Determination of Responsibility M-0 Evaluation Criteria

USCA18R0093 - Page 3 of 23

Section B - Supplies or Services and Prices/Costs

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

0001 NextGen OSCAR Pilot (Stages 1 and 2) 1 Each

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)

1 Each

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)

1 Each

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)

1 Each

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

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

3001 NextGen OSCAR Operations and Maintenance

(Option 3)

1 Each

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)

1 Each

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

USCA18R0093 - Page 4 of 23

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

5001 NextGen OSCAR Operations and Maintenance

(Option 5)

1 Each

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

Section C - Descriptions/Specifications/Statement of Work

C-0 Statement of Work

Refer to Appendix A, SOW.

Section D - Packaging and Marking No Clauses

Section E - Inspection and Acceptance

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

2-5B Inspection of Services APR 2013

Section F - Deliveries or Performance

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

2-60 Stop-Work Order JAN 2010

Section G - Contract Administration Data

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):

USCA18R0093 - Page 5 of 23

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)

Section H - Special Contract Requirements

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.

(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);

USCA18R0093 - Page 6 of 23

(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)

Section I - Contract Clauses

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

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

USCA18R0093 - Page 7 of 23

Clause Title Date

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

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

USCA18R0093 - Page 8 of 23

(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 Pilot (NTE) nine months, four one-year options, one six month option.

(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-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.

USCA18R0093 - Page 9 of 23

(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 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-

USCA18R0093 - Page 10 of 23 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-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

USCA18R0093 - Page 11 of 23 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)

Section J - List of Attachments

Identifier Title Date Number of Pages

1 Statement of Work 06/25/2018 2 OSCAR Functional Requirement Document 2015 06/25/2018 3 OSCAR System Matrics 06/25/2018 4 OSCAR Core Capabilities 06/25/2018 5 Supplemental Information and Questions 06/25/2018 6 Past Performance Questionnaire 06/25/2018 7 Pricing Schedule 06/25/2018

Section K - Representations, Certifications and Other Statements of Offerors or Respondents

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:

(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;

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(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 tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C.. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Ap-peals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a fi-nal tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the tax-payer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankrupty protection. The taxpayer is not delinquent because enforced collec-tion action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

ii. The offeror __ has __ has not, within a three-year period preceding this offer, had one or more contracts ter-minated for default by any federal agency.

(2) "Principal," for the purposes of this certification, means an officer; director; owner; partner; or a person hav-ing primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division, or business segment, and similar positions).

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. § 1001.

(b) The offeror shall provide immediate written notice to the contracting officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror's responsibility. Failure of the offeror to furnish a certification or provide such ad-ditional information as requested by the contracting officer may render the offeror nonresponsible.

(d) Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and inform-ation of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordin-ary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certi-fication, in addition to other remedies available to the judiciary, the contracting officer may terminate the con-tract resulting from this solicitation for default.

(END)

3-30 Certificate of Independent Price Determination JAN 2003

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(a) The offeror certifies that:

(1) the prices in this offer have been arrived at independently, without, for the purpose of restricting competi-tion, any consultation, communication, or agreement, with any other offeror or with any competitor relating to:

(A) those prices;

(B) the intention to submit an offer; or

(C) the methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indir-ectly, to any other offeror or contract award unless otherwise required by law; and

(3) no attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory:

(1) is the person in the offeror's organization responsible for determining the prices in this offer, and that the signatory has not participated, and will not participate, in any action contrary to paragraphs( (a)(1) through (a)(3) of this provision; or

(2) (i) has been authorized, in writing, to act as agent for the following principals in certifying that those prin-cipals have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ___________________________________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices in this offer, and the title of his or her position in the offeror's organization);

(ii) as an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision; have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provi-sion; and

(iii) as an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror shall furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(END)

3-5 Taxpayer Identification and Other Offeror Information APR 2011

(a) Definitions "Taxpayer Identification (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a so-cial security number or an employer identification number.

(b) All offerors shall submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A and implementing regulations issued by the IRS. If the resulting contract is subject to the payment re-porting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to payment recording requirements, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN):

[__] TIN has been applied for.

[__] TIN is not required, because:____________________________________________________________ [__] Offeror is a nonresident alien, foreign corporation or foreign partnership that does not have income effect-ively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[__] Offeror is an agency or instrumentality of a foreign government;

[__] Offeror is an agency or instrumentality of the federal government.

(e) Type of organization:

[__] sole proprietorship;

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[__] partnership;

[__] corporate entity (not tax-exempt);

[__] corporate entity (tax-exempt);

[__] government entity (federal, sate or local);

[__] foreign government;

[__] international organization per-26 CFR 1.6049-4;

[__] other ___________________________________________________________________________.

(f) Contractor Representations The offeror represents as part of its offer that it is [__], is not [__] , 51% owned and the management and daily operations are controlled by one or more members of the selected socio-economic group(s) below:

[__] Women Owned Business [__] Minority Owned Business (if selected, then one sub-type is required)

[__] Black American Owned [__] Hispanic American Owned [__] Native American Owned (American Indians, Eskimos, Aleuts, or Native Hawaiians) [__] Asian-Pacific American Owned (persons with origins from Burma, Thailand, Malaysia, Indone-sia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Terrritory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)

[__] Subcontinent Asian (Asian-Indian) American Owned (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Napal)

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

(END)

Section L - Instructions, Conditions and Notices to Offerors or Respondents

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

3-100 Alt I Instructions to Offerors, Alternate I JAN 2003

3-100 Instructions to Offerors APR 2013

3-315 Submission of Electronic Funds Transfer Information with

Offer

APR 2013

3-85 Explanation to Prospective Offerors AUG 2004

3-95 Preparation of Offers APR 2013

7-60 Judiciary Furnished Property or Services JAN 2003

B-1 Solicitation Provisions Incorporated by Reference OCT 2010

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. The of-feror is cautioned that the listed provisions may include blocks that must be completed by the offeror and sub-mitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx.

(END)

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4-1 Type of Contract JAN 2003

The judiciary plans to award a Firm Fixed Price (FFP) type of contract under this solicitation, and all offers shall be submitted on this basis. Alternate offers based on other contract types will not be considered.

(END)

L-0 Instructions to Offeror

General Offerors shall furnish the information required by this solicitation. Offerors are expected to examine this entire solicitation document. Failure to do so will be at the Offeror’s own risk.

Point of Contact/Questions Prospective offerors may request an explanation or interpretation of the solicitation, by the closing date ten business days following the release, via email to the Contracting Officer at Robert_grinstead@ao.uscourts.gov.

If sending questions via email, prospective offerors are requested to include the solicitation number and RFP title in the subject line of the email and the company’s full name and address in the body of the email.

Changes to Solicitation Notification of any changes to the RFP (amendments) shall be made within the solicitation and circulated by email by the Contracting Officer.

Discussions/Communications The Contracting Officer anticipates holding discussions with all qualified Offerors during the oral presentation/ demonstration. All pertinent oral information must be included in the best and final response to be considered during final proposal evaluations.

The Government may also have communications with Offerors before establishing a competitive range.

Proposal Instructions Delivery of Proposals All documents must be submitted electronically as PDF documents and meet the following specifications:

• 8.5 x 11 inches maximum paper size

• Times New Roman Font

• Font size 12 (except for tables, figures and graphics as all text is legible)

• Single-Spaced

• 1 inch margins on all sides

• Include page numbers

• Cover page must reference Solicitation Number Offerors are cautioned that if any part of their offer exceeds page limitations, the Government may evaluate only through the permitted number of pages. Pages beyond that limit may not be evaluated. Note: Cover page, Table of Contents and other supporting information that is referenced in Volume VI does not have any page limitations.

Only e-mail submissions will be accepted. A facsimile proposal or proposal received through the mail will not be accepted. Include the solicitation number in the subject line for all emails.

Late proposals will not be considered. Judiciary cannot be held responsible for errors, including technological, or delays in the submission of proposals.

Submittal of Proposals Offerors shall submit the following, which shall consist of the following (separate) volumes:

1. 1. NextGen OSCAR Core Capabilities Questionnaire

2. Technical Approach: Includes A) Demonstration and Oral Presentation, B) Implementation Plan

3. 3. Management Plan

4. Past Performance

5. Price…