Attachment_1_USCA19Q0030_041119.pdf

SOLICITATION/CONTRACT/ORDER

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

HRS190033

5. SOLICITATION NUMBER

USCA19Q0030

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/11/2019

7. FOR INFORMATION CALL: a. NAME Patricia A. Butler

b. TELEPHONE NUMBER (No collect calls) 202-502-2796

8. OFFER DUE DATE / LOCAL

TIME

04/30/2019 14:00:00

CODE PMD

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

Suite 3-250 Washington, DC 20544-0001

9. ISSUED BY 10.

NOT USED

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS 13.

NOT USED X RFQ RFP

14. METHOD OF SOLICITATION

HRSCODE15. DELIVER TO

Office of Human Resources Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 5-500 Washington, DC 20544-0001

CODE16. ADMINISTERED BY (if other than Block 9)

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

AFSDCODE18a. PAYMENT WILL BE MADE BY Accounting Division, DAS-BAPO-ACC Administrative Office of the United States Courts One Columbus Circle, N.E., Suite 5-300 Washington, DC 20544-0001

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27. Applicable terms and conditions are as stated in the continuation pages.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

USCA19Q0030 - Page 1 of 23

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

USCA19Q0030 - Page 2 of 23

Supplies or Services and Prices/Costs

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

0001 Learning Management System (LMS) - Cloud

Based and supports up to 20,000 subscribed users

0 Service

Extended Description:Base Year

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

0002 Learning Management System (LMS)

Maintenance and Support

0 Service

Extended Description:Base Year

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

0003 Learning Management System (LMS)

Transition/Integration

0 Service

Extended Description:Base Year

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

1001 Learning Management System (LMS) - Cloud

Based and supports up to 20,000 subscribed users

0 Service

Extended Description:Option Year 1

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

1002 Learning Management System (LMS)

Maintenance and Support

0 Service

Extended Description:Option Year 1

USCA19Q0030 - Page 3 of 23

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

2001 Learning Management System (LMS) - Cloud

Based and supports up to 20,000 subscribed users

0 Service

Extended Description:Option Year 2

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

2002 Learning Management System (LMS)

Maintenance and Support

0 Service

Extended Description:Option Year 2

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

3001 Learning Management System (LMS) - Cloud

Based and supports up to 20,000 subscribed users

0 Service

Extended Description:Option Year 3

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

3002 Learning Management System (LMS)

Maintenance and Support

0 Service

Extended Description:Option Year 3

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

4001 Learning Management System (LMS) - Cloud

Based and supports up to 20,000 subscribed users

0 Service

Extended Description:Option Year 4

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

4002 Learning Management System (LMS)

Maintenance and Support

0 Service

USCA19Q0030 - Page 4 of 23

Extended Description:Option Year 4

Descriptions/Specifications/Statement of Work

C-1 Statement of Work

Scope of Work – Learning Management System C-1 Background:

The Federal Judiciary (Judiciary) is the third branch of the United States Government and is comprised of ap-pellate and trial courts located throughout the United States (US) and its territories (US Virgin Islands, Puerto Rico, Guam and Saipan/Northern Mariana Islands); it also includes the Judicial Panel on Multidistrict Litigation (JPML), and Federal Public Defender Organizations (FPDO). A number of offices also support the Judiciary, such as the Administrative Office of the United States Courts (AOUSC), Federal Judicial Center (FJC) and US Sentencing Commission (USSC).

C-2 Scope of Work/Requirements for Providing a Learning Management System

The Administrative Office of the U.S. Courts’ (AOUSC) Human Resources Office (HRO) has a requirement for a cloud-based learning management system (LMS) with software maintenance and support. The contractor shall provide software maintenance and support for this product for the duration of the contract.

C-2.1 LMS requirements are:

1) Subscription to a learning management system, with up to 20,000 recorded users.

2) Production Environment that allows for separate views per each court domain.

3) Development Environment – to mirror production environment. The requirement is one (1) development environment.

4) The contractor will provide timely notification of bugs, updates, errata, and revisions for all products covered under this requirement. Patches, firmware updates, bug fixes, and other user-installable software needed for problem resolution must be provided in within 48 hours. Electronic notification and distribution are preferred.

C-2.1.1 Prioritized list of LMS functionality

• Ability to create and update user records and course/offerings by a designated program/job from a secure

File Transfer Protocol (FTP) site available on the internet

• Single Sign-On interface using a Security Assertion Markup Language (SAML)

• Migrate our current LMS database to a Cloud Based solution that is Federal Risk and Authorization Man-agement Program (Fed Ramp) certified

• At minimum, there should be a live (production) and development (training) environment. The develop-ment database should be updatable to mirror the Production environment on request (bi-annually at a min-imum)

• Batch creation of users, passwords and group assignments

• Ability to send and receive data to and from multiple third-party applications and/or databases Software De-velopers Kit (SDK) or open architecture will suffice), to include importation of data from our e-learning

USCA19Q0030 - Page 5 of 23

Content Provider and Learning Content Management System (currently Skillsoft and Blackboard)

• Ability to individualize, configurable main page/interface per domain, with ability to add external links, graphics and colors to main page for each domain (portlets/widgets configurable at the domain admin level)

• Ability to add learning offering hyperlinks to external resources

• Experience Application Programming Interface (xAPI*) and Sharable Content Object Reference Model (SCORM) conformant

• Export of AOUSC content packages to be retained on media and delivered to AOUSC upon request

• Support multiple time zones with non-military display

• Flexible privilege capabilities to allow for multiple administrator/domains, allowing each to manage and view only items in their domain

• Course catalog view with multiple configuration options

• Migrate existing catalog of all available educational assets with course numbers, names and descriptions (content to be created and maintained by the AOUSC) with only active/available offerings displayed

• Supervisory level views of all records of assigned employee with the ability to enroll, approve/deny training registration requests and select manager related analytics (reports)

• Ability to create, display, edit curriculums, learning paths, plans, programs for various user roles as well as organizational areas

• Flexible means for pushing training and offerings based on user roles, organizations, mandatory schedules, etc.

• Self-registration, waitlist selection and course dropping by learners

• Registration by domain admins and managers

• Class cancel registration by domain administrators

• Provide a student printable transcript with configurable date options, including performance review periods

• Display domain calendar of offerings/training events (Per domain main page)

• Full and remote administration by the AOUSC for all data

• Ability to create analytic reports at the domain admin level

• Robust reporting tools for all learning elements, with configuration capability for domain admins and man-agers as well as canned reports including:

• Course completion/in progress/ enrolled system-wide

• Class rosters

• Assessment scores

• Certification

• Transcripts (configurable for learners)

• Individual learner progress report

• Evaluations and course ratings

• Instructor and Learner credit report

• Up and Downloadable materials in all formats (Microsoft Office applications and PDFs at a minimum)

• Ability to record external training credits and store related completion certificates

• Search function across all educational assets and catalog with display of actual offerings or usable assets only

USCA19Q0030 - Page 6 of 23

• Groups of users and mass assignment of permissions on educational assets and catalogs

• Ability to clone class sessions for ease of duplication

• Assign Instructor credits to course offerings and connect results to analytics

• Scalable to grow to unlimited users and educational assets

• Enrollment management (waitlist, etc.) with auto enroll when seat opens and admin override

• Seat reservation for new hire (not named person)

• Configurable communication to learner with education registration confirmation, reminders, completion and other announcements – controlled at the Domain level

• Registration approval restriction (with ability to turn on or off)

• Resource assignments and locations (instructors to Instructor Led Training (ILT) /WBT, materials, classrooms etc.)

• Configurable role creation and modification

• Mobile accessibility and social learning

• Configurable registration interface that also allows for the collection of unique fields, availability of wait-listing, customizable response emails to registrants and chiefs

• Configurable email responses for emails, customizable reports, forms and correspondence from registration data

• Customizable certificates/awards, letters to chiefs, transcripts and for program completion

• Communities of Practice, Discussion Boards

• Capture historical audit records reflecting administrative

• System status alerts (admin level) for outages

C-2.1.2 Additional Functional Options

• Ability to interact with Blackboard and Department of Homeland Security (DHS) Software As A Service

(SAAS) system

• Badges

• Ability to capture non-LMS activities (books, web activities, etc.)

• Gamification

• SharePoint Integration

• "What's New" Feed for Courses, Classes, and Resources

• Permission based help function for domain admins and learners with ability to offer usage hints or create help for each area based on their capabilities

• Display student course schedule and personal calendar of events online (printable)

* The Experience API (Tin Can API) is meant to succeed SCORM, the Sharable Content Object Reference Model, which has been the de facto e-learning standard for packaging e-learning content[3]. The new Experi-ence API allows trainers to deploy several new capabilities that were not supported with SCORM.

https://en.wikipedia.org/wiki/Experience_API#cite_note-3

C-2.2 LMS support requirements are:

C-2.2.1 – System Maintenance and Support for the chosen Learning Management System. The contractor shall

USCA19Q0030 - Page 7 of 23 provide technical maintenance and support for the Learning Management System (LMS) by performing the fol-lowing functions:

• Integration: Maintain existing integration with Skillsoft, Human Resources Management Information Sys-tem (HRMIS) and Judiciary Enterprise Network Information Exchange (JENIE); including existing Single Sign-On (SSO) integration with the AOUSC’s JENIE portal.

• Configuration of product enhancements deemed appropriate for the AOUSC’s business; ongoing support of enhancements to ensure proper functioning.

• Security – Domain setup; Single Sign-On (SSO) configuration with JENIE, in conjunction with AOUSC’s internal IT organization

• Data import via the User Interface, including individual person records, course transcript records and course/offerings data, allowing administrators to do all in batch mode.

• Maintenance of transcript import, person feed from HRMIS and course/offering for Skillsoft Content in a batch mode.

• System Maintenance: indexing of catalog, corn jobs and logs, notification, single Sign On with JENIE, and server login.

• Guidance and support available for exporting finalized configurations from the development environment to the production environment.

• Customizable fields, functionality and analytics.

• Bi-annual refresh of development instance to existing production instance.

C-2.2.2 - Ongoing Technical Consulting Support. The contractor shall provide ongoing technical support ser-vices and communicate issues, responses, results, findings and resolution of findings to judiciary staff during performance of the following activities:

• Guidance and support available for exporting finalized configurations from the development environment to the production environment;

• Troubleshooting for advanced customer issues, including testing and accompanying documentation;

• Guidance and support in working with AOUSC and courts technical staff to integrate with existing AOUSC and courts technology infrastructure;

• Development and maintenance of specifications and custom scripts for integration of service with existing technical infrastructure at the AOUSC and the courts;

• Guidance and support available in testing data scripts and integrations in test and production environments.

Services to be performed include updating of AOUSC’s custom Skillsoft integration sufficient to create courses and Web-Based Training (WBT) offerings and link these to the Skillsoft content modules. LMS vendor will provide this structured process to the Contracting Officer’s Representative (COR) to ensure the correct order of data loading and the correct relationship between data, in addition, this process will include a log file, docu-menting any errors during the data load and the cause of each error. Work in scope will be based on the system selected and includes:

• Troubleshooting and problem-solving skills available to address unexpected issues that may require resolu-tion.

• Provide best practices expertise of product features, including documentation.

• Guidance and support in developing and maintaining the analytics reporting function

• Problem analysis for issues reported by customers; written communication of proposed resolution and anti-cipated period within which issues will be resolved.

USCA19Q0030 - Page 8 of 23

• Advice for user interface configuration: themes, desktop layout and logo

• Advice for maintenance of business rules: enable and disable functionalities per the Judiciary’s needs

• Support for basic usage and complex documentation

• Direct technical support for basic and customized LMS functionality

• Facilitation support as needed for implementation and ongoing training

• U.S. based customer support accessible via toll-free phone number, email or website

C-3 Deliverables

• Weekly status on issues and resolutions

• Weekly general status reports

• Issue resolution responses within 48 hours (2 business days).

• Structured process for updating of AOUSC’s custom Skillsoft integration

Applicable Clauses

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

B-20 Computer Generated Forms JAN 2003

1-1 Employment by the Government JAN 2003

1-5 Conflict of Interest AUG 2004

1-10 Gratuities or Gifts JAN 2010

2-50 Continuity of Services JAN 2003

2-55 Privacy or Security Safeguards JAN 2003

2-60 Stop-Work Order JAN 2010

2-80 Judiciary Property JAN 2003

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

7-1 Contract Administration JAN 2003

7-5 Contracting Officer's Representative APR 2013

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

7-25 Indemnification AUG 2004

7-40 Judiciary-Contractor Relationships JAN 2003

7-45 Travel APR 2013

7-55 Contractor Use of Judiciary Networks JUN 2014

7-115 Availability of Funds JAN 2003

7-125 Invoices APR 2011

7-135 Payments APR 2013

7-140 Discounts for Prompt Payment JAN 2003

USCA19Q0030 - Page 9 of 23

Clause Title Date

7-200 Judiciary Delay of Work JAN 2003

7-205 Payment for Judiciary Holidays APR 2013

7-210 Payment for Emergency Closures APR 2013

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)

F-1 Period of Performance

The period of performance shall be in effect from the date of award for one year, with four-one year options.

F-2 Deliverables

Please see Section C-3, Deliverables.

G-1 COR Point of Contact

The Contracting Officer's Representative will be established at award.

G-2 Contract Administration POC

The Contracting Officer is:

Patricia A. (Tricia) Butler, patricia_butler@ao.uscourts.gov Contracting Officer Procurement Management Division Administrative Office of the U.S. Courts Suite 3-250 North Washington, DC 20544

H-1 Federal Acquisition Regulation (FAR) clauses incorporated by reference

The following Federal Acquisition Regulation (FAR) clauses are hereby incorporated by reference:

52.217-5, Evaluation Inclusive of Options 52.217-8, Option to Extend Services 52.217-9, Option to Extend the Term of the Contract 52.233-1, Disputes

2-65 Key Personnel APR 2013

(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.

USCA19Q0030 - Page 10 of 23

(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);

(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.

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

[Contracting Officer to add names upon contract award]

(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.

USCA19Q0030 - Page 11 of 23

"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.

(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-

USCA19Q0030 - Page 12 of 23 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-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.

USCA19Q0030 - Page 13 of 23

(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 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)

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)

7-20 Security Requirements APR 2013

(a) Definitions. As used in this clause:

USCA19Q0030 - Page 14 of 23

"Access" means physical entry into, and to the extent authorized, mobility within, a judiciary facility.

"Contractor employee" means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the contractor is associated. It also includes consultants engaged by any of those entities.

"Facility" and "judiciary facility" mean buildings, including areas within buildings, owned, leased, shared, oc-cupied or otherwise controlled by the judiciary.

"Judiciary IT resources" include, but are not limited to, computer equipment, networking equipment, telecom-munications equipment, cabling, network drives, computer drives, network software, computer software, soft-ware programs, intranet sites, and internet sites.

(b) Requirements Contractor employees working on this contract must complete such forms as may be necessary for security pur-poses or other reasons. Completed forms shall be submitted as directed by the Contracting Officer's Represent-ative (COR). Depending on the level of access required to judiciary facilities or IT resources for performance of the work, contractor employees may be subject to any of the following types of security checks:

Fingerprint Check Credit Check National Agency Check with Inquiries (NACI) National Agency Check with Inquiries and Credit (NACIC) National Agency Check with Law and Credit (NACLC) Single Scope Background Investigation (SSBI) Single Scope Background Investigation - Periodic Reinvestigation (SSBI-PR) Public Trust Special Background Investigation (PTSBI) Citizenship and Immigration Services (CIS) Check

Contractor employees visiting court sites to provide support covered under this contract may be subjected to ad-ditional FBI screening and U.S. Marshal inspection.

(c) Exemption Affected contractor employees who have had a Federal background investigation without a subsequent break in Federal employment or Federal contract service exceeding two (2) years may be exempt from the investigation requirements of this clause subject to verification of the previous investigation. For each such employee, the contractor shall submit the following information: employee's full name, Social Security Number, and place and date of birth.

(d) Facility Access Cards (FAC) The contractor shall be responsible for all Facility Access Cards or other judiciary identification cards issued to the contractor's employees and shall immediately notify the COR if any Facility Access Card (s) cannot be ac-counted for. The contractor shall notify the COR immediately whenever any contractor employee no longer has a need for his/her judiciay-issued FAC (e.g., employee terminates employment with the contractor, employee's duties no longer require access to judiciary facilities). The COR will instruct the contractor as to how to return the FAC. Upon expiration of this contract, the COR will instruct the contractor as to how to return all judiciary-is-sued FACs not previously returned. The contractor shall not return FACs to any person other than the individu-al(s) named by the COR.

(e) Control of access The judiciary shall have and exercise full and complete control over granting, denying, withholding, and termin-ating access of contractor employees to judiciary facilities and IT resources. The COR will notify the contractor immediately when the judiciary has determined that an employee is unsuitable or unfit to be permitted access to a judiciary facility following the completion of any of the security checks/investigations listed in (b) above, or as a result of new information obtained at any time during the contractor's performance. The contractor shall immediately notify such employee that he/she no longer has access to any judiciary facility and/or judiciary IT resources, remove the employee from any such facility that he/she may be in, and provide a suitable replace-ment who must comply with the requirements of this and other applicable clauses. In addition, the contracting officer may require the contractor to prohibit individuals from access to judiciary facilities or IT resources if the judiciary deems their initial or continued access contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(f) The contractor shall include the substance of this clause in all subcontracts at any tier where the subcontract-or may be required to have routine physical access to a judiciary facility or routine access to a judiciary IT re-

USCA19Q0030 - Page 15 of 23 source.

(g) The judiciary reserves the right to refuse to grant facility access for any contractor employee who has been convicted of a felony.

(END)

7-30 Public Use of the Name of the Federal Judiciary JUN 2014

(a) The contractor shall not refer to the judiciary, or to any court or other organizational entities existing there-under (hereinafter referred to as "the judiciary"), in advertising, news releases, brochures, catalogs, television and radio advertising, letters of reference, web sites, or any other media used generally by the vendor in its com-mercial marketing initiatives, in such a way that it represents or implies that the judiciary prefers or endorses the products or services offered by the contractor. This provision will not be construed as limiting the contractor's ability to refer to the judiciary as one of its customers when providing past performance information as part of a proposal submission, as opposed to general public marketing.

(b) No public release of information pertaining to this contract will be made without prior judiciary written ap-proval, as appropriate, and then only with written approval of the contracting officer.

(END)

7-35 Disclosure or Use of Information APR 2013

(a) Judiciary information made available to the contractor for the performance or administration of this contract shall be used only for those purposes and shall not be used in any other way without the written agreement of the contracting officer. This clause takes precedence over and is an explicit limitation to the rights enumerated in section (d)(2) of Clause 6-60, "Rights in Data - General."

(b) To the extent the information is otherwise publicly available, it is public information and is not restricted by operation of this clause. However, if public information is provided to the contractor for use in performance or administration of this contract in a media, format, or otherwise in a manner in which it is not available the pub-lic, such information may not be used for any other purpose by the contractor except with the written permis-sion of the contracting officer. If the contractor is uncertain about the availability or proposed use of informa-tion provided for the performance or administration of this contract, the contractor shall consult with the con-tracting officer regarding use of that information for other purposes.

(c) The contractor agrees to assume responsibility for protecting the confidentiality of judiciary records which are not public information. Such information may include, but is not limited to, all employee data and any writ-ten and oral information of a personal nature. Such information is to be safeguarded to ensure that it is not im-properly disclosed. Each officer or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a pur-pose and to the extent authorized herein, and that further disclosure of any such information for a purpose or to an extent not so authorized may subject the person(s) responsible to criminal sanctions imposed by 18 U.S.C. §

641. That section provides, in pertinent part, that whoever without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, will be guilty of a crime punishable by a fine up to $10,000, or imprisoned up to ten years, or both. The contractor shall obtain written acknowledgment from each officer and employee to whom information is made available, that they are aware of the above penalties associated with unauthorized disclos-ure. Such acknowledgments are subject to the review of the contracting officer.

(d) Performance of this contract may require the contractor to access and use data and information, proprietary to the judiciary or to a judiciary contractor, which is of such a nature that its dissemination or use, other than in performance of this contract, would be adverse to the interests of the judiciary and/or others.

(e) Contractor and/or contractor personnel shall not divulge or release data or information developed or ob-tained in performance of this contract until made public by the judiciary, except as authorized by the contracting officer. The contractor shall not use, disclose, or reproduce proprietary data which bears a restrictive legend, other than as required in the performance of this contract. Nothing herein will preclude the use of any data inde-pendently acquired by the contractor without such limitations or prohibit an agreement at no cost to the judi-ciary between the contractor and the data owner which provides for greater rights to the contractor.

(f) The judiciary and contractor agree that neither expects the performance under this contract to involve report-ing or handling of classified information or materials. Either party shall notify the other promptly in writing if

USCA19Q0030 - Page 16 of 23 the expectation of that party changes, and shall include in the notice reasons therefore. If there are sealed re-cords, in camera proceedings or grand jury matters, the contractor shall consult with the contracting officer as to the proper safeguarding, security, and secrecy of the original notes and transcript orders.

(g) The contracting officer will advise the contractor whenever the judiciary places a service order which will require classified information or materials. The contractor will have the right to decline to provide services, in which event such services shall be outside the scope of this contract.

(h) The contractor shall hold inviolate and in strictest confidence any and all information of an official nature not for inclusion in the document, any information which the presiding judicial official designates as "off the re-cord" and all classified information and material.

(i) The contractor shall classify, safeguard, and otherwise act with respect to all classified information and ma-terial in accordance with applicable law and requirements of the contracting officer. The contractor shall not permit any individual to have or gain access to the classified information or material without written permission of the contracting officer, except as access may be necessary for authorized employees of the contractor to per-form services under this contract.

(…