USCA25Q0202_0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

See Block 16C

4. REQUISITION/PURCHASE REQ. NO.

ITD250039

5. PROJECT NO. (If applicable)

PMDCODE

Candace Browne, 202-502-2557 Procurement Management Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 3-250 Washington, DC 20544-0001

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

9A. AMENDMENT OF SOLICITATION NO.

USCA25Q0202

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

04/16/2025

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

See Below

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

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

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

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

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

USCA25Q0202 /0002 - Page 1 of 14

Supplies or Services and Prices/Costs

Description of Amendment/Modification:RFQ Amendment 0002 is intended to perform the following actions:

1. Update the Extended CLIN Description for CLIN 0001 to include the following language: Invoices shall only include billing for students with confirmed attendance to one of the required training courses.

2. Add Clause G-2 Invoicing.

3. Section M 2.0 is updated to add past performance evaluation.

4. Extend the quote submission deadline to no later than 2:00 PM Eastern on Wednesday, May 07, 2025.

All other terms and conditions remain unchanged at this time.

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

0001 Firm Fixed Price | Microsoft - Automating

Administration with PowerShell (Part No:

AZ-040T00) or Equivalent Training Course for

Total of up to 100 Students

Original :

Change:

Total: 100

Each

Extended Description:Note: Invoices shall only include billing for students with confirmed attendance to one of the required training courses. | See Section "C-1 Requirements" for a listing of salient characteristics the required training course must have if other than Microsoft - Automating Administration with PowerShell (Part No: AZ-040T00) or Equivalent Training Course Period of Performance:06/01/2025 - 05/31/2026

C-1 Requirements

OVERVIEW

The Defender Services Organization (DSO) seeks to procure the training services for Microsoft - Automating Administration with PowerShell (AZ-040T00) or equivalent via public virtual, live online instructor-led classroom training to Federal Defender IT personnel.

BACKGROUND

The Defender Services Office (DSO) is part of the Administrative Office of the United States Courts (AO) and provides programmatic support for Federal Defender Organizations (FDO) who provide representation for indi-viduals financially unable to retain legal counsel in federal criminal proceedings.

The DSO has established a National Information Technology Operations and Application Development (NITOAD) branch to provide centralized information technology (IT) services and support to all 82 federal de-fender districts. NITOAD is in San Antonio, Texas and responsible for the successful and secure operations of IT services such as cybersecurity, wide-area networking, training, email, national applications, unified commu-nications, and public-facing websites.

USCA25Q0202 /0002 - Page 2 of 14

NITOAD manages day-to-day operations of the national IT infrastructure for the entire FDO including email, IT Security, and VPN remote access services to the main Defender Wide-Area Network (DWAN) connecting all the offices and the judiciary datacenters together and providing access to the internet. NITOAD is also re-sponsible for providing training to local IT staff within their regions which includes the United States, Puerto Rico, Guam, and the Virgin Islands.

As a separate branch of the federal government, the Judicial Branch is not bound by many requirements that ap-ply to the Executive Branch, including the Federal Information Security Management Act (FISMA) and Execut-ive Orders. Judiciary security policies are based on the principles outlined in National Institute of Standards and Technology (NIST) guidance.

REQUIREMENTS

The vendor shall provide a public training course for Microsoft - Automating Administration with PowerShell (AZ-040T00) or equivalent version training course. The exact or equivalent course is required to meet all of the requirements stated below including all of the objectives and modules listed below:

1. Classes are to be virtual, live online instructor-led classroom training sessions, Guaranteed to Run regard-less of class size.

2. 40-Hour (5 day) Course shall be held between Monday - Friday (excluding Federal Holidays).

3. 12 classes shall be held within a 12-month period, with at least three courses per quarter.

4. First class to run within 45 days from the date of award.

5. Classes to run between 8:00AM to 5:30PM, accommodating multiple North American time zones.

6. Maximum Class Size: 20 students. Total estimated students: 100

7. Course Materials provided digitally to each student within 24 hours of course commencement.

8. The contractor shall provide a schedule of class dates to Contracting Officer’s Representative (COR) with-in 10 working days from the date of award.

9. The contractor shall provide a registration mechanism that shall be available to all IT Members of the

FDO. Students will be allowed to register up to 2 working days prior to class start date.

10.IT members of the Federal Defender Organization (FDO) have the right to cancel or reschedule classes up to two working days before the scheduled start date. Cancellations or reschedules are limited to one per student and the duration of the contract. The contractor must allow the student to register for any of the re-maining courses at no additional cost.

11.Two working days prior to class scheduled run date, contractor shall provide list of registered FDO stu-dents to COR. This list shall be provided for each of the classes IT Members of the FDO attend.

12.Certificate of Completion for each student that successfully completes the class shall be provided to the student and COR no later than 5 business days after course completion. Additionally, a list of students who enrolled but did not successfully complete the course or did not attend will be provided to the COR within the same timeframe.

13.Within 10 working days after the completion of each training session, the contractor shall submit an in-voice for payment and provide a list of all participants. The invoice submitted for payment shall reflect billing on a per participant per class basis.

14.Access to a practice lab database and follow-on support in the event of technical issues while accessing the practice lab environment for each student for a minimum period of seven (7) days from student’s first ac-cess to lab environment.

15.The contractor shall provide a reporting mechanism that enables the COR to verify individual IT personnel who have attended the training, access copies of the certificates of completion, and have visibility into how many registrants there are for each class. The COR will work with IT personnel to ensure attendance. The following file format for reports are acceptable: HTML, CSV, PDF or Web Portal.

USCA25Q0202 /0002 - Page 3 of 14

Please Note: Students shall NOT receive Exam vouchers after completion of the training course.

Required Course Objectives:

At a minimum, the proposed training course shall cover the following objectives:

1. Review Windows PowerShell

2. Understand the command syntax in Windows PowerShell

3. Find commands and Get-Help in Windows PowerShell

4. Manage Active Directory Domain Services using PowerShell cmdlets

5. Manage network service settings for Windows devices using PowerShell cmdlets

6. Manage Windows Server settings using PowerShell cmdlets

7. Manage settings for a local Windows machine using PowerShell cmdlets

8. Understand the Windows PowerShell pipeline

9. Select, sort, and measure objects using the pipeline 10.Filter objects out of the pipeline 11.Enumerate objects in the pipeline 12.Send and pass data as output from the pipeline 13.Pass pipeline objects 14.Connect with data stores using PowerShell providers 15.Use PowerShell drives in PowerShell 16.Review CIM and WMI 17.Query configuration information by using CIM and WMI 18.Query and manipulate repository objects by using CIM and WMI methods 19.Manage variables in Windows PowerShell scripts 20.Work with arrays and hash tables in Windows PowerShell scripts 21.Create and run scripts by using Windows PowerShell 22.Work with scripting constructs in Windows PowerShell 23.Import data in different formats for use in scripts by using Windows PowerShell cmdlets 24.Use methods to accept user inputs in Windows PowerShell scripts 25.Troubleshoot scripts and handle errors in Windows PowerShell 26.Use functions and modules in Windows PowerShell scripts 27.Manage single and multiple computers by using Windows PowerShell remoting 28.Use advanced Windows PowerShell remoting techniques 29.Manage persistent connections to remote computers by using Windows PowerShell sessions 30.Review Azure PowerShell module 31.Review the features and tools for Azure Cloud Shell 32.Manage Azure resources with Windows PowerShell 33.Manage users, groups, and licenses in Microsoft Entra ID by using Windows PowerShell 34.Manage Exchange Online by using Windows PowerShell 35.Manage SharePoint Online by using Windows PowerShell 36.Manage Microsoft Teams by using Windows PowerShell 37.Create and manage background jobs using Windows PowerShell 38.Create and manage scheduled jobs using Windows PowerShell

Required Practice Lab Database Modules:

At a minimum, the proposed training course shall cover the following objectives:

1. Configuring Windows PowerShell, and finding and running commands

USCA25Q0202 /0002 - Page 4 of 14

2. Performing local system administration with PowerShell

3. Using PowerShell pipeline

4. Using PSProviders and PSDrives with PowerShell

5. Making changes by using CIM and WMI Querying information by using WMI

6. Working with variables, arrays, and hash tables

7. Using scripts with PowerShell

8. Performing remote administration with PowerShell

9. Azure resource management with PowerShell 10.Managing Microsoft 365 with PowerShell 11.Jobs management with PowerShell

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

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

(OCT 2023)

APR 2013

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

Management (SAM) Registration

APR 2013

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

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 Place of Performance

The required classes are to be virtual.

F-2 Period of Performance

The period of performance for this order shall be 06/01/2025 - 05/31/2026.

G-1 Contract Administration

This contract will be administered by:

Contracting Officer's Representative:

Brian Wiggins Chief, NITOAD Branch 8200 W Interstate 10 , Suite 1000 San Antonio, TX 78230

USCA25Q0202 /0002 - Page 5 of 14

(210) 308-3212 brian_wiggins@fd.org

Contracting Officer

Candace Browne Contracting Officer Administrative Office of the U.S. Courts Candace_Browne@ao.uscourts.gov Office: 202-502-2557

G-2 Invoicing

All invoices shall be emailed to the COR and the CO upon completion of the course. Invoices are considered re-ceived once they have been received and acknowleged by the COR.

All invoices shall be submitted in accordance with Clause 7-125, state the CLIN number on the invoice, and the date of the invoice shall reflect the period of performance related to the CLIN or it will be rejected.

The contractor shall invoice per student that attends the course at the fixed price per student. The contractor shall not bill for the extended amount of 100 students if 100 students did not attend. Invoices shall only include billing for students with confirmed attendance to one of the required training courses.

After the COR has received and approved submitted invoices, payments shall be made.

A fixed-price resource units contract establishes a fixed price per unit of measure. Unless otherwise specified in the contract, the unit prices are subject to downward adjustment only. Contract line item ceiling amounts are es-tablished at contract award, based on the government estimate of the services to be consumed and the unit prices awarded.

At the end of a CLINs’ performance period or at contract expiration; and upon acceptance and payment of all invoices, the Judiciary reserves the right to modify the contract and deobligate any funding remaining not in-voiced for under the subject contract for closeout administration.

H-1 Additional Terms and Conditions for Contractor Agreements

A. Order of precedence. Any inconsistencies in this contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause.

(3) Addenda to this contract, including any commercial supplier agreements as defined in paragraph D of this clause and as amended by the Commercial Supplier Agreements -Unenforceable Clauses provision in para-graph C of this clause.

(4) Other paragraphs of this clause.

(5) Other documents, exhibits, and attachments.

(6) The specification B. Unauthorized Obligations.

(1) Except as stated in paragraph (B)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement that includes any language, provision, or clause re-quiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or

USCA25Q0202 /0002 - Page 6 of 14 any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agree-ment is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

(2) Paragraph (B)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

C. Commercial supplier agreements unenforceable clauses.

When any supply or service acquired under this contract is subject to a commercial supplier agreement, the fol-lowing language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal in-strument (including all contracts, task orders, and delivery orders).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights in accordance with Clause 7-235 or other applicable Federal statute while continuing performance as set forth in the disputes clause.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute.

(vi) Updating terms.

(A) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(B) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to

USCA25Q0202 /0002 - Page 7 of 14 defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with the disputes clause; no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability pri-or to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with Judiciary policy and procedures. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (C)(1), the language, provisions, or clause of paragraph (C)(1) shall prevail to the extent of such in-consistency.

D. Definitions.

“Commercial supplier agreements” means terms and conditions customarily offered to the public by vendors of supplies or services that meets the definition of “commercial item” set forth in the Glossary of Procurement Terms in Volume 14 (Procurement) of the Guide to Judiciary Policy intended to create a binding legal obliga-tion on the end user. Commercial supplier agreements are particularly common in information technology acquisi-tions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any product or service. The term applies–

(a) Regardless of the format or style of the document. For example, a commercial supplier agreement may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or an-other similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order;

(b) Regardless of the media or delivery mechanism used. For example, a commercial supplier agreement may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

3-3 Provisions, Clauses, Terms and Conditions - Small Purchases (JUN 2024) JUN 2024

(a) The following provisions are incorporated by reference into the request for quotations (RFQ):

(1) Provision 3-70, Determination of Responsibility (JAN 2003)

(2) Provision 3-210, Protests (JUN 2014)

(3) Provision 7-60, Judiciary-Furnished Property or Services (JAN 2003)

(b) The contractor shall comply with the following clauses incorporated by reference:

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(1) Clause 1-15, Disclosure of Contractor Information to the Public (AUG 2004)

(2) Clause 2-60, Stop-Work Order (JAN 2010)

(3) Clause 3-205, Protest After Award (JAN 2003)

(4) Clause 7-20, Security Requirements (APR 2013)

(5) Clause 7-30, Public Use of the Name of the Federal Judiciary (JUN 2014)

(6) Clause 7-35, Disclosure or Use of Information (APR 2013)

(7) Clause 7-85, Examination of Records (JAN 2003)

(8) Clause 7-125, Invoices (APR 2011)

(9) Clause 7-130, Interest (Prompt Payment) (JAN 2003)

(10) Clause 7-135, Payments (JAN 2003) (Payment means acceptance by the inclusion of this clause.)

(11) Clause 7-140, Discounts for Prompt Payment (JAN 2003)

(12) Clause 7-150, Extras (JAN 2003)

(13) Clause 7-185, Changes (APR 2013)

(14) Clause 7-200, Judiciary Delay of Work (JAN 2003) (Applies for products and fixed-price services.)

(15) Clause 7-210, Payment for Emergency Closures (APR 2013)

(16) Clause 7-235, Disputes (JAN 2003)

(c) The contractor shall comply with the following clauses, incorporated by reference, unless the stated cir-cumstances do not apply:

(1) Clause B-20, Computer Generated Forms (JAN 2003) (Applies when the contractor is re-quired to submit data on standard or optional forms.)

(2) Clause 6-60, Rights in Data – General (JUN 2012) (Applies if data will be produced, fur-nished, or acquired under the purchase order.)

(3) Clause 7-145, Government Purchase Card (JAN 2003) (Applies when the CO determines that the purchase card can be used to make payments.)

(4) Clause 2-57, Protecting, Reporting, and Responding to Incidents Involving Sensitive Inform-ation (JUN 2024) (Applies when contractor and/or subcontractor employees will have access to Sensitive Information, or have access to or handle systems containing Sensitive Information, or col-lect or maintain Sensitive Information on behalf of the Judiciary, or use a contractor information system(s) to process, store, or transmit Sensitive Information.)

(5) Clause 2-115, Terms for Commercial Advance Payment of Purchases (APR 2013) (Applies if advance payment will be authorized.)

(6) Clause 2-115, Alt I (OCT 2006) (Applies if advance payment is authorized for photocopy equipment maintenance.)

(7) The following apply to products only:

(a) Clause 2-25A, Delivery Terms and Contractor’s Responsibilities (JAN 2003) (Purchase order will specify whether delivery is expected at destination or origin.)

(b) Clause 2-45, Packaging and Marking (AUG 2004) (Applies to fixed-price con-tracts for products or for a service involving furnishing of products.)

(c) Clause 3-155, Walsh-Healey Public Contracts Act (JUN 2012) (Applies to pur-chase orders over $15,000 for the manufacturing or furnishing of products in the United States, Puerto Rico, or the U.S. Virgin Islands.)

(8) The following apply to services only:

(a) Clause 1-1, Employment by the Government (JAN 2003)

(b) Clause 1-5, Conflict of Interest (AUG 2004)

(c) Clause 3-160, Service Contract Labor Standards (MAR 2019) (Applies to any purchase order over $2,500, the principal purpose of which is to furnish services through the use of service employees for work to be performed in the United States, Puerto Rico, Guam, or the U.S. Virgin Islands, except where Clause 3-215, Exemption from Application of the Service Contract Labor Standards to Contracts for Mainten-ance, Calibration, or Repair of Certain Equipment – Requirements, or Clause 3-225, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services – Requirements apply. See (7)(g) and (7)(h) below.)

USCA25Q0202 /0002 - Page 9 of 14

(d) Clause 7-40, Judiciary-Contractor Relationship (JAN 2003) (Applies to all ser-vices.)

(e) Clause 7-65, Protection of Judiciary Buildings, Equipment and Vegetation (APR 2013) (Applies when services are performed at a judiciary building.)

(f) Clause 7-205, Payment for Judiciary Holidays (OCT 2023) (Applies to time-and-materials or labor-hour contracts.)

(g) Clause 3-215, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (MAR 2019) (Applies if the request for quotation included Provision 3-195 and the contractor certified its compliance with the conditions stated in the pro-vision.)

(h) Clause 3-225, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services – Requirements (MAR 2019) (Applies if the request for quotation included Provision 3-220 and the contractor certified its com-pliance with the conditions stated in the provision.)

(d) Inspection/Acceptance The contractor shall tender for acceptance only those products and/or services that conform to the requirements of this contract. The judiciary reserves the right to inspect or test any products or services that have been tendered for acceptance. The judiciary may require repair or replacement of nonconforming products or re-performance of nonconforming services at no increase in contract price. The judiciary must exercise these rights:

(1) within a reasonable period of time after the defect or non-conformance was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable Delays The contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason-able control of the contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restric-tions, strikes, unusually severe weather, and delays of common carriers. The contractor shall notify the con-tracting officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dis-patch, and shall promptly give written notice to the contracting officer of the cessation of such occurrence.

(f) Termination for the Judiciary’s Convenience The judiciary reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the contract-or shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the contractor can demonstrate to the satisfaction of the judi-ciary, using its standard record keeping system, have resulted from the termination. The contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This para-graph does not give the judiciary any right to audit the contractor's records. The contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for Cause The judiciary may terminate this contract, or any part hereof, for cause in the event of any default by the con-tractor, or if the contractor fails to comply with any contract terms and conditions, or fails to provide the judi-ciary, upon request, with adequate assurances of future performance. In the event of termination for cause, the judiciary shall not be liable to the contractor for any amount for products or services not accepted, and the con-tractor shall be liable to the judiciary for any and all rights and remedies provided by law. If it is determined that the judiciary improperly terminated this contract for default, such termination shall be deemed a termina-tion for convenience.

(h) Warranty The contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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(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)

List of Attachments

Identifier Title Date Number of Pages

2 USCA25Q0202 - RFQ Questions and Answers.pdf 04/22/2025

Representations, Certifications and Other Statements of Offerors or Respondents

3-5 Taxpayer Identification and Other Offeror Information APR 2011

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

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

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

(d) Taxpayer Identification Number (TIN):

[__] TIN has been applied for.

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

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

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

(e) Type of organization:

[__] sole proprietorship;

[__] partnership;

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

[__] corporate entity (tax-exempt);

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

[__] foreign government;

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

[__] other ___________________________________________________________________________.

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

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

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

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

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

(END)

Instructions to Offerors or Respondents

2-100 Brand Name or Equal APR 2013

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

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

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

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

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

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

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

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

(END)

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B-1 Solicitation Provisions Incorporated by Reference OCT 2010

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

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

(END)

L-1 Instructions

This is a Firm Fixed Price Request for Quotation (RFQ) for public group training course for Microsoft - Auto-mating Administration with PowerShell (AZ-040T00), or an equivalent training course, that shall be virtual, live online instructor-led classroom training for Federal Defender Information Technology (IT) personnel.This solicitation is being competed following the procedures found in § 325 "Small Purchase Procedures" of the Guide to Judiciary Policy.

1.0 Quote Due Date

Quotes are due by 2:00 PM Eastern Time on Wednesday, May 07, 2025. Quotes must be submitted via email to Candace_Browne@ao.uscourts.gov with a cc to David_Kelley@ao.uscourts.gov by the due date listed. Late submissions will not be accepted. Hard copies will not be accepted. Offers submitted shall be valid for at least 180 days after the RFQ closes. It is the responsibility of the offeror to confirm the government's re-ceipt of quotes.

2.0 Instructions

The quoter shall provide a firm-fixed-price quote for all CLINs. The quote shall include the proposed unit price for each CLIN and the total overall price. Any discounts offered shall be included in the total price quoted. Par-tial quotes will not be considered.

The quoter's submission must also include a completed version of Attachment 1_Automating Administra-tion with PowerShell Training Checklist clearly demonstrating compliance with all of the requirements listed in Section C-1 of this solicitation. Failure to submit a completed Attachment 1_Automating Admin-istration with PowerShell Training Checklist may result in the quoter being deemed technically unac-ceptable. If an equivalent course is being quoted, the quoter shall state in the notes section of Attachment 1 how their course is equivalent in addition to providing other information to prove it is equivalent.

This is a brand name or equal requirement (See Section C-1 for a listing of all salient characteristics). The quoter's submission must clearly demonstrate compliance with all salient characteristics as listed in Section C-1 of this solicitation if the proposed training course is other than the brand name and part number listed. The quoter's submission must also be in compliance with Judiciary Provision 2-100.

The quoter shall also provide the information required by clause 7-10.

For purposes of this RFQ all references to “offeror” or “offer” is equivalent to “quoter” or “quote”.

3.0 Questions

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Questions must be submitted by 2:00PM on Monday, April 21, 2025. Questions must be emailed to the Contracting Officer, Candace Browne at Candace_Browne@ao.uscourts.gov with a cc to David_Kelley@ao.uscourts.gov. Answers to questions regarding the solicitation will be provided to all quoters.

Answers to questions will be issued on SAM.gov via an amendment. If submitting questions, the quoter shall identify the specific document, section, clause, and attachment of this solicitation must be referenced in or be-fore the question. All questions must be submitted in writing via email.. Telephoned questions will not be ac-cepted.

4.0 Applicable Terms and Conditions

The quoter's submission must also include a copy of any commercial software/hardware agreements or terms (i.e., EULA) with their quote. The quoter shall submit their government version of these terms and conditions in lieu of the commercial version if they exist. If the terms and conditions cannot be negotiated to remove prohibit-ive terms and conditions, the quote may be deemed technically unacceptable. Prohibited terms and conditions for negotiation may include but are not limited to: credit application/master account, attorney fees, automatic re-newals of agreements, payments in advance, insurance, damage deposits, arbitration clause, indemnification or hold harmless, and clauses making state court jurisdiction or state law applicable.

Failure to adhere to the instructions may result in removing the quoter from consideration for award.

Evaluation of Quotes

M-1 Evaluation Criteria

1.0 Basis of Award

The Judiciary intends to make a single award to the responsible quoter who provides the lowest priced technic-ally acceptable (LPTA) quote. The quote must conform to the requirements specified in the solicitation. Partial awards shall not be considered. Award from this solicitation is for brand name or equal items. Quotes that fail to meet the requirements will be determined technically unacceptable and will receive no further consideration.

2.0 Evaluation

Factor 1 - Technical Acceptability

The Judiciary will evaluate the quote and the completed Attachment 1_Automating Administration with Power- Shell Training Checklist to confirm both meet all of the requirements as listed in Section C-1 of this solicitation.

If the terms and conditions, to include commercial software/hardware agreements or terms (i.e., EULA), cannot be negotiated to remove prohibitive terms and conditions, the quote may be deemed technically unacceptable.

As part of technical acceptability, the quoter's past performance will be evaluated using the government's prior experience with the quoter and/or a review of CPARS. If any negative assessments are found that are recent (i.e. within 3 years of the closing of this solicitation) and relevant (i.e. similar in service, size, quantity, and complexity), the vendor shall be rated as technically unacceptable.

Factor 2 - Price

The Judiciary will evaluate the quoter's proposed total price for all CLINs to determine whether the quoter's total price is the lowest. Total price will be the calculated total price for all CLINs.

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