USCA19R0004.pdf

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

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

USCA19R0004 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

04/05/2019

6. REQUISITION/PURCHASE NUMBER

ADT180061

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

See L.1 General Instructions 10:00:00 04/22/2019

(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

Andrew Bunk AREA CODE

NUMBER

502-3348

EXT.

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

andrew_bunk@ao.uscourts.gov

11. TABLE OF CONTENTS

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 3 X I CONTRACT CLAUSES 6

X B SUPPLIES OR SERVICES AND PRICES/COSTS 4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT 4 X J LIST OF ATTACHMENTS 1

X D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 1

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 2

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 4X G CONTRACT ADMINISTRATION DATA 3

X M EVALUATION FACTORS FOR AWARD 2H 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)

USCA19R0004 - Page 1 of 27

Table of Contents

Section Description Page Number

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

C.0 BPA Hardware - Supplies and Services D Packaging and Marking

2-45 Packaging and Marking D.1 Delivery of Products D.2 Shipping

E Inspection and Acceptance 2-10 Responsibility for Products 2-5A Inspection of Products E.1 Service Level Agreements

F Deliveries or Performance 2-25A Delivery Terms and Contractor's Responsibilities 2-35 F.o.b. Destination, Within Judiciary's Premises 2-60 Stop-Work Order F.1 Cost of Transportation of Replacement Equipment:

G Contract Administration Data 2-120 Submission of Invoice 3-305 Payment by Electronic Funds Transfer-System for Award Management (SAM) Registration ...13 7-1 Contract Administration 7-125 Invoices 7-5 Contracting Officer's Representative 7-10 Contractor Representative G.1 Ordering G.2 Returns G.3 Price Reduction G.4 Product Discounts G.5 Product Discontinuation and Substitution G.6 Ancillary Software and Services

H Special Contract Requirements I Contract Clauses

1-10 Gratuities or Gifts 1-15 Disclosure of Contractor Information to the Public 2-130 Energy Efficiency in Energy-Consuming Products 2-135 IEEE Standard for the Environmental Assessment of Personal Computer Products 2-140 Judiciary IT Security Standards 2-20A Incorporation of Warranty 2-20B Contractor Warranty (Products) 2-55 Privacy or Security Safeguards 2-95 Material Requirements 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 7-100A Limitation of Liability (Products) 7-110 Bankruptcy 7-130 Interest (Prompt Payment) 7-135 Payments 7-140 Discounts for Prompt Payment 7-150 Extras 7-185 Changes 7-195 Excusable Delays 7-20 Security Requirements

USCA19R0004 - Page 2 of 27

7-210 Payment for Emergency Closures 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 7-235 Disputes 7-25 Indemnification 7-30 Public Use of the Name of the Federal Judiciary 7-35 Disclosure or Use of Information 7-85 Examination of Records 2-50 Continuity of Services 3-120 Order of Precedence 6-60 Rights in Data - General 7-145 Government Purchase Card B-5 Clauses Incorporated by Reference

J List of Attachments J.0 Pricing Schedules

K Representations, Certifications and Other Statements of Offerors or Respondents 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 Instructions to Offerors 3-85 Explanation to Prospective Offerors 3-210 Protests 3-95 Preparation of Offers 7-60 Judiciary Furnished Property or Services B-1 Solicitation Provisions Incorporated by Reference L.1 General Instructions

M Evaluation Factors for Award 3-70 Determination of Responsibility M.1 Evaluation Criteria

USCA19R0004 - Page 3 of 27

Section B - Supplies or Services and Prices/Costs

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

0001 Base Ordering Period: Apple Products and

Services. See Attachment J.1 - Apple Pricing

Schedule

3620437 Year

Period of Performance:06/01/2019 - 05/31/2020

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

0002 Base Ordering Period: Cisco Products, Services, and Video Teleconference Equipment (VTC). See

Attachment J.2 - Cisco Pricing Schedule

23661292.67 Year

Period of Performance:06/01/2019 - 05/31/2020

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

0003 Base Ordering Period: Dell Products and Services.

See Attachment J.3 - Dell Pricing Schedule

23498235.1 Year

Period of Performance:06/01/2019 - 05/31/2020

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

0004 Base Ordering Period: HP Desktop PCs, Notebook

Computers, and Related Services. See

Attachment J.4 - HP Pricing Schedule

2689274.79 Year

Period of Performance:06/01/2019 - 05/31/2020

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

0005 Base Ordering Period: Polycom Video

Teleconference Equipment (VTC). See

Attachment J.5 - Polycom VTC Pricing Schedule

1485064.23 Year

Period of Performance:06/01/2019 - 05/31/2020

USCA19R0004 - Page 4 of 27

1001 Ordering Period 1: Apple Products and Services.

See Attachment J.1 - Apple Pricing Schedule

3620437 Year

Period of Performance:06/01/2020 - 05/31/2021

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

1002 Ordering Period 1: Cisco Products, Services, and

VTC. See Attachment J.2 - Cisco Pricing Schedule

23661292.67 Year

Period of Performance:06/01/2020 - 05/31/2021

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

1003 Ordering Period 1: Dell Products and Services.

See Attachment J.3 - Dell Pricing Schedule

23498235.1 Year

Period of Performance:06/01/2020 - 05/31/2021

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

1004 Ordering Period 1: HP Desktop PCs, Notebook

Computers, and Related Services. See

Attachment J.4 - HP Pricing Schedule

2689274.79 Year

Period of Performance:06/01/2020 - 05/31/2021

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

1005 Ordering Period 1: Polycom VTC. See Attachment

J.5 - Polycom VTC Pricing Schedule

1485064.23 Year

Period of Performance:06/01/2020 - 05/31/2021

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

2001 Ordering Period 2: Apple Products and Services.

See Attachment J.1 - Apple Pricing Schedule

3620437 Year

Period of Performance:06/01/2021 - 05/31/2022

USCA19R0004 - Page 5 of 27

2002 Ordering Period 2: Cisco Products, Services, and

VTC. See Attachment J.2 - Cisco Pricing Schedule

23661292.67 Year

Period of Performance:06/01/2021 - 05/31/2022

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

2003 Ordering Period 2: Dell Products and Services.

See Attachment J.3 - Dell Pricing Schedule

23498235.1 Year

Period of Performance:06/01/2021 - 05/31/2022

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

2004 Ordering Period 2: HP Desktop PCs, Notebook

Computers, and Related Services. See

Attachment J.4 - HP Pricing Schedule

2689274.79 Year

Period of Performance:06/01/2021 - 05/31/2022

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

2005 Ordering Period 2: Polycom VTC. See Attachment

J.5 - Polycom VTC Pricing Schedule

1485064.23 Year

Period of Performance:06/01/2021 - 05/31/2022

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

3001 Ordering Period 3: Apple Products and Services.

See Attachment J.1 - Apple Pricing Schedule

3620437 Year

Period of Performance:06/01/2022 - 05/31/2023

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

3002 Ordering Period 3: Cisco Products, Services, and

VTC. See Attachment J.2 - Cisco Pricing Schedule

23661292.67 Year

USCA19R0004 - Page 6 of 27

Period of Performance:06/01/2022 - 05/31/2023

3003 Ordering Period 3: Dell Products and Services.

See Attachment J.3 - Dell Pricing Schedule

23498235.1 Year

Period of Performance:06/01/2022 - 05/31/2023

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

3004 Ordering Period 3: HP Desktop PCs, Notebook

Computers, and Related Services. See

Attachment J.4 - HP Pricing Schedule

2689274.79 Year

Period of Performance:06/01/2022 - 05/31/2023

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

3005 Ordering Period 3: Polycom VTC. See Attachment

J.5 - Polycom VTC Pricing Schedule

1485064.23 Year

Period of Performance:06/01/2022 - 05/31/2023

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

4001 Ordering Period 4: Apple Products and Services.

See Attachment J.1 - Apple Pricing Schedule

3620437 Year

Period of Performance:06/01/2023 - 05/31/2024

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

4002 Ordering Period 4: Cisco Products, Services, and

VTC. See Attachment J.2 - Cisco Pricing Schedule

23661292.67 Year

Period of Performance:06/01/2023 - 05/31/2024

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

4003 Ordering Period 4: Dell Products and Services.

See Attachment J.3 - Dell Pricing Schedule

23498235.1 Year

USCA19R0004 - Page 7 of 27

Period of Performance:06/01/2023 - 05/31/2024

4004 Ordering Period 4: HP Desktop PCs, Notebook

Computers, and Related Services. See

Attachment J.4 - HP Pricing Schedule

2689274.79 Year

Period of Performance:06/01/2023 - 05/31/2024

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

4005 Ordering Period 4: Polycom VTC. See Attachment

J.5 - Polycom VTC Pricing Schedule

1485064.23 Year

Period of Performance:06/01/2023 - 05/31/2024

Section C - Descriptions/Specifications/Statement of Work

C.0 BPA Hardware - Supplies and Services

C.1 PURPOSE:

The purpose of this requirement is to provide multiple single award Blanket Purchase Agreements (BPAs) to the Administrative Office of the US Courts (AO) and the Federal Judiciary to provide them with the ability to purchase specific hardware products and ancillary services in support of mission-critical IT systems, software applications and other IT requirements.

C.2 BACKGROUND:

The AO is responsible for supporting all federal districts, bankruptcy, and appellate courts as well as federal probations and pretrial services offices. There are over 30,000 federal judiciary employees working at over 800 locations nationwide. The AO is responsible for providing nationally managed hardware, software and peri-pherals contract vehicles for use by the judiciary.

C.3 TYPE:

Any resulting BPA calls shall be Firm-Fixed Price.

C.4 BPA LENGTH AND ORDERING PERIODS:

Each single award BPA will last for a period of five (5) years from the effective date of award. Each of the awarded BPAs will consist of five ordering periods, with each ordering period being 12 months in length.

Base Ordering Period - June 1, 2019 - May 31, 2020 Ordering Period 1 - June 1, 2020 - May 31, 2021 Ordering Period 2 - June 1, 2021 - May 31, 2022 Ordering Period 3 - June 1, 2022 - May 31, 2023 Ordering Period 4 - June 1, 2023 - May 31, 2024

C.5 REQUIREMENTS:

USCA19R0004 - Page 8 of 27

Each BPA is scoped for a specific OEM hardware requirement being awarded (e.g. Apple, Cisco, Dell, Hewlett Packard, and Polycom VTC) and the BPA holder shall comply with the below listed requirements upon award of their first call off of their BPA. In the event the BPA holder holds multiple BPAs, they will be required to comply with the following requirements for each of the BPAs they hold.

C.5.1 - The BPA holder (except when the BPA holder is the OEM) shall maintain the following certifications for the relevant OEM products they are providing under their BPA:

a. Apple Partner Qualifications:

1. Apple-certified Government Authorized reseller.

2. Apple-certified Apple Specialist value-added reseller.

3. Apple-certified service provider that is authorized under contract with Apple to provide onsite war-ranty service to Apple-direct customers

b. Cisco Partner Qualifications:

1. Certified Cisco Gold

c. US Federal Authorized Dell Partner Qualifications:

1. Certified Premier Plus Partner

d. US Federal Authorized HP Partner Qualifications:

1. HP Platinum Business Partner

e. Polycom VTC Partner Qualifications:

1. Polycom Federal Certified Partner (PFCP)

C.5.2 - The BPA holder shall:

a. Provide and support equipment sales and be able to deliver the products within the continental United States (CONUS).

b. Provide and support equipment sales and be able to deliver the products to locations outside the United States (OCONUS), including but not limited to, the following US Territories:

i. Puerto Rico

ii. Alaska

iii. Hawaii

iv. Guam, and

v. Virgin Islands

vi. Northern Mariana Islands.

c. Coordinate and ensure delivery of the product Professional Services to both CO- NUS and OCONUS locations.

C.5.3 - The BPA holder shall provide customer assistance regarding order processing and tracking via a toll-free number, by email or by other electronic means subject to the BPA COR's approval and at no additional cost.

C.5.3.A - The BPA holder shall at a minimum provide the capability for AO and Judi-ciary staff to determine the complete history and current status of any order (or group of orders) from Monday through Friday during the hours of 8:00 a.m. to 8:00 p.m.

(Eastern Time), excluding federal holidays. The information to be provided should in-clude but is not limited to the following types of information: When was the order re-ceived, if there were errors in the order and delays in shipment of the order.

C.5.4 - Within thirty days after award of the first order off of this BPA, the BPA holder will estab-lish and host a dedicated portal where the AO and Judiciary can place and track orders at no addi-tional cost to the AO.

C.5.4.A - The BPA holder shall provide ordering, order processing, order tracking and

USCA19R0004 - Page 9 of 27 support via their dedicated project portal that provides real-time pricing and availabil-ity of all products available under the BPA.

C.5.4.B - The BPA holder shall make updates to their portal regarding products going end of life (EOL) and other relevant changes within five (5) days of learning about a change from the OEM and provide at least thirty (30) days advanced notice of the change to the AO.

C.5.5 - Hardware and equipment provided shall be new. Replacement parts shall be new, war-rantied and guaranteed.

C.5.6 - The BPA holder shall provide timely notification to the BPA COR and points of contact for the relevant orders regarding bugs, updates, errata, and revisions for all products serviced under their BPA. Patches, firmware updates, bug fixes, and other user-installable software needed for problem resolution must be provided in a timely manner. Electronic notification and distribution are preferred but removable media will be accepted if electronic access and transmittal of updates is not provided by the OEM, such as a DVD that contains updates.

C.5.7 - The BPA holder shall designate an official point of contact for their BPA regarding the ad-ministration of the BPA and designate an account representative who will provide information on all other aspects of the BPA including products, ordering, and delivery status.

C.5.8 - The BPA holder shall furnish a quarterly report to the COR by the 15th day after the close of each calendar quarter unless no sales were received during the prior quarter. If no sales were re-ceived during the prior quarter then a report does not need to be provided.

The BPA holder shall report, by CLIN, on all products ordered and delivered through the BPA for that quarter. The BPA Holder shall include at minimum the following information in the Quarterly BPA Status Report:

C.5.8.A - DELIVERY STATUS:

a. BPA Call Number

b. Site identification

c. CLIN number

d. Manufacturer Part Number

e. Quantity

f. Equipment description

g. Order date

h. Delivery date

i. Quantity shipped

j. Quantity received/accepted

k. Confirmed delivery date

C.5.8.B - DELIVERY STATUS ISSUES:

a. Reason for late delivery, if applicable

b. Problems with delivery (with resolution), if applicable

c. Partial shipment information, if applicable

d. Date order rejected, if applicable

e. Reason for rejection, if applicable

C.5.8.C - CLIN DATA:

a. Total quantities ordered by CLIN

b. Total cost of equipment/software by CLIN

USCA19R0004 - Page 10 of 27

C.5.8.D - NEW ORDERS RECEIVED:

A listing of new BPA calls received including the following: A summary of new BPA calls received during the previous month listing BPA call numbers, locations, quantit-ies, total cost, and planned delivery dates and any BPA calls that did not include hard-ware.

C.5.9 - OEM WARRANTIES

The BPA holder shall pass on all OEM warranties related to a BPA call to the BPA call's point of contact.

C.6 TECHNOLOGY REFRESHMENT & REPLACEMENT:

New product families for product line(s) directly related to the OEM for the BPA category may only be intro-duced by the BPA holders. A new product family may not be sold under this BPA to any AO entity or court un-til it has been formally added to the respective BPA by a written and bilaterally signed modification from the BPA's Contracting Officer.

Failure to comply with the BPA Terms and Conditions may result in cancellation of the BPA by the BPA CO.

Section D - Packaging and Marking

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

2-45 Packaging and Marking AUG 2004

D.1 Delivery of Products

All products ordered under this BPA shall be FOB Destination to the location designated by the ordering point of contact. A BPA call shall be delivered within 45 days unless otherwise specified by the ordering unit.

D.2 Shipping

All prices provided shall be inclusive of shipping.

Section E - Inspection and Acceptance

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

2-10 Responsibility for Products JAN 2010

2-5A Inspection of Products APR 2013

E.1 Service Level Agreements

Performance Element Performance Require-ment

Minimum Performance Level

Method of Surveillance

Response to RFPs To facilitate timely ac-quisition of products, Contractor must be responsive in provid-

Respond to all price quo-tations received within 2 business days of request, Quarterly Report

USCA19R0004 - Page 11 of 27 ing price quotes at a minimum of 95% of the time

On-time Product Deliv-ery

Products shall be de-livered in a timely fashion to support the Courts mis-sion requirements.

A minimum of 95% of all orders delivered with-in 45 days of order place-ment or by the date in the order

Quarterly Report

Notification of Delivery Delays

In cases where the deliv-ery of a product may be delayed, or the standard will not be met. Timely notification of the delay is imperative to minimize the impact.

Back Order Delays – No-tification provided within two (2) business days after receipt of order greater than 95% of the time

All Other Delays - Notification provided within five (5) business days after receipt of order greater than 95% of the time

Quarterly Report

Invoice Submission Invoices must be submit-ted in a timely manner to facilitate prompt payment

A minimum of 95% of all invoices are delivered to the Courts within 30 days after receipt of order

(ARO).

Quarterly Report

Management Reports Contractor shall prepare and submit to the COR and CO a quarterly con-tract status report cover-ing the previous reporting period, by the 15th busi-ness day of each reporting period.

Contractor will send to the COR and CO a quarterly contract status report covering the previ-ous reporting period, by the 15th business day of each reporting period 95% of the time.

Quarterly Report

Section F - Deliveries or Performance

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

2-25A Delivery Terms and Contractor's Responsibilities JAN 2003

2-35 F.o.b. Destination, Within Judiciary's Premises JAN 2003

2-60 Stop-Work Order JAN 2010

USCA19R0004 - Page 12 of 27

F.1 Cost of Transportation of Replacement Equipment:

The Contractor shall bear the cost of transportation whenever equipment is subject to mechanical replacement unless the replacement is required due to fault or negligence of the AO.

Section G - Contract Administration Data

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

2-120 Submission of Invoice OCT 2006

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

Management (SAM) Registration

APR 2013

7-1 Contract Administration JAN 2003

7-125 Invoices APR 2011

7-5 Contracting Officer's Representative APR 2013

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)

G.1 Ordering

Calls against the BPA will be placed by Contracting Officers at the AO as well as Designated Contracting Of-ficers in court units (COCP Level III) of the federal judiciary located throughout CONUS and OCONUS. In addition, calls may be made via a government purchase card by Designated Contracting Officers (COCP Level I). Calls may be placed against this BPA via email, fax, phone or paper.

This BPA does not obligate any funds.

The government estimates, but does not guarantee, that the volume of purchases through this agreement will be (To Be Determined at Award).

Unless otherwise agreed to, all deliveries under this BPA must be acompanied by delivery tickets or sales slips that must contain the following information at a minimum:

1. Name of Contractor

2. BPA Number

3. Model Number(s) of Items Being Purchased

4. Quantity, unit price and extension of each item

5. BPA Call Number

USCA19R0004 - Page 13 of 27

6. Date of Purchase

7. Date of Shipment

8. Delivery Requirements, if applicable

The point at which each BPA call becomes a binding contract is the acceptance of the BPA call by the BPA Holder in writing by email, fax or letter, or the BPA holder fails to reject the BPA call within 5 business days.

The requirements of a proper invoice are specified in Section G, Clause 7-125. Invoices will be submitted to the address specified with the call issued against this BPA.

The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an in-consistency between the terms of the BPA and the BPA Holder's invoice, the terms of the BPA will take pre-cedence.

The BPA Holder shall ensure that quotes are provided only for products that are currently available on the

BPA.

All quotes provided by the Contractor under this BPA shall contain the following information:

a. BPA number;

b. CLIN number;

c. OEM Published List Price;

d. Discount percentage applied from the Attachment J pricing schedule;

e. Any additional discounts applied, if applicable.

G.2 Returns

If any merchandise is returned, the Contractor shall submit a revised invoice.

G.3 Price Reduction

Quotes issued under this BPA shall be priced at the current discounted rates.

G.4 Product Discounts

The BPA holder's stated discounts off the OEM list price shall serve as the minimum discount (expressed in percentage) per product/product category. Discounts shall be in effect throughout the life of the BPA and shall be applied to all future services and products added to the BPA as new services and products are made avail-able.

G.5 Product Discontinuation and Substitution

G.6.1 As products are discontinued by the OEM, the Contractor shall provide timely notification to the BPA

COR.

G.6.2 If sufficient quantity of the discontinued product is not available to fill outstanding orders (i.e., calls placed prior to the discontinuation notice), the BPA Holder shall propose an equal or better substitute product at the same price.

G.6 Ancillary Software and Services

Software and services that are ancillary to the purchase of hardware may be included in the BPA holder's quotes. For the purposes of this BPA, ancillary software means software that comes originally bundled with the hardware or software that is necessary to be able to use or support the hardware. For the purposes of this BPA, ancillary services are services that come originally bundled with the hardware or are necessary to continue to

USCA19R0004 - Page 14 of 27 maintain (warranty services) or provide ongoing technical support to the purchased hardware. Support may also be purchased for ancillary software, so long as all other requirements in the BPA to order such an item are met.

Section H - Special Contract Requirements No Clauses

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

2-130 Energy Efficiency in Energy-Consuming Products APR 2013

2-135 IEEE Standard for the Environmental Assessment of Personal

Computer Products

APR 2013

2-140 Judiciary IT Security Standards APR 2013

2-20A Incorporation of Warranty JAN 2003

2-20B Contractor Warranty (Products) JAN 2010

2-55 Privacy or Security Safeguards JAN 2003

2-95 Material Requirements JAN 2003

3-105 Audit and Records APR 2011

3-205 Protest after Award JAN 2003

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

Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2014

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

3-35 Covenant Against Contingent Fees JAN 2003

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

3-45 Anti-Kickback Procedures JUN 2012

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

Improper Activity

JUN 2012

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

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

6-85 Commercial Computer Software License APR 2013

7-100A Limitation of Liability (Products) JAN 2003

USCA19R0004 - Page 15 of 27

Clause Title Date

7-110 Bankruptcy JAN 2003

7-130 Interest (Prompt Payment) JAN 2003

7-135 Payments APR 2013

7-140 Discounts for Prompt Payment JAN 2003

7-150 Extras JAN 2003

7-185 Changes APR 2013

7-195 Excusable Delays JAN 2003

7-20 Security Requirements APR 2013

7-210 Payment for Emergency Closures 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

7-235 Disputes JAN 2003

7-25 Indemnification AUG 2004

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

7-35 Disclosure or Use of Information APR 2013

7-85 Examination of Records JAN 2003

2-50 Continuity of Services JAN 2003

(a) The contractor recognizes that the services under this contract are vital to the judiciary and shall be contin-ued without interruption and that, upon contract expiration, a successor, either the judiciary or another contract-or, may continue them. The contractor agrees to:

(1) furnish phase-in training, and

(2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The contractor shall, upon the contracting officer's written notice:

(1) furnish phase-in, phase-out services for up to 90 days after this contract expires, and

(2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out ser-vices required. The plan shall specify a training program and a date for transferring responsibilities for each di-vision of work described in the plan, and will be subject to the contracting officer's written approval. The con-tractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The contractor shall allow as many personnel as practicable to remain on the job to help the successor main-tain the continuity and consistency of the services required by this contract. The contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If se-lected employees are agreeable to the change, the contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

(END)

3-120 Order of Precedence JAN 2003

USCA19R0004 - Page 16 of 27

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following or-der:(1) the schedule (excluding the specifications);(2) representations and other instructions;(3) the solicitation/ contract provisions and clauses;(4) other documents, exhibits, and attachments;(5) the specifications.

(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.

(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;

USCA19R0004 - Page 17 of 27

(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-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

USCA19R0004 - Page 18 of 27 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 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.

USCA19R0004 - Page 19 of 27

(END)

7-145 Government Purchase Card JAN 2003

(a) Card holders may use an authorized government purchase card to make payments for orders placed against this contract.

(b) Purchase Card Terms - In accepting the purchase card as payment, the contractor agrees to abide by the terms of the GSA purchase card contract.

(c) Backorder - In accordance with the GSA purchase card contract, the contractor may not charge for back-ordered products before shipment,

(d) Taxes - Government purchases are generally not subject to state or local taxes, with limited exceptions in Arizona, New Mexico and Hawaii.

(e) Unauthorized card - If the contractor determines that the card bearer is not an authorized cardholder, or that the card is not an authorized government purchase card, then the contractor shall immediately notify the con-tracting officer.

(f) Disputes - Any purchase card disputes will be resolved in accordance with the GSA purchase card contract.

(f) Payments - Purchase card payments will be made in accordance with the GSA purchase card contract.

(END)

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)

Section J - List of Attachments

Identifier Title Date Number of Pages

1 Attachment J1 - Apple Pricing Schedule 04/05/2019 2 Attachment J2 - Cisco Products and Related Services and VTC Pricing

Schedule 04/05/2019

3 Attachment J3 - Dell Products and Related Services Pricing Schedule 04/05/2019 4 Attachment J4 - HP Desktop PCs, Notebook Computers and Related

Services Pricing Schedule 04/05/2019

5 Attachment J5 - Polycom VTC Pricing Schedule 04/05/2019

J.0 Pricing Schedules

The following pricing schedules are attached seperately as MS Excel Spreadsheets.

J1 - Apple Pricing Schedule J2 - Cisco Products and Related Services and VTC Pricing Schedule J3 - Dell Products and Related Services Pricing Schedule J4 - HP Desktop PCs, Notebook Computers and Related Services Pricing Schedule J5 - Polycom VTC Pricing Schedule

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

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

APR 2011

USCA19R0004 - Page 20 of 27

(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…