USCA25Q0260.pdf

SOLICITATION/CONTRACT/ORDER

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

USCA25Q0260

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

DATE

06/09/2025

7. FOR INFORMATION CALL: a. NAME David C. Kelley

b. TELEPHONE NUMBER (No collect calls) 202-502-1330

8. OFFER DUE DATE / LOCAL

TIME

06/24/2025 12:00:00

CODE PMD

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

Suite 3-250 Washington, DC 20544-0001

9. ISSUED BY 10.

NOT USED

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS 13.

NOT USED X RFQ RFP

14. METHOD OF SOLICITATION

OPAFCODE15. DELIVER TO

Office of Public Affairs Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 7-400 Washington, DC 20544-0001

CODE16. ADMINISTERED BY (if other than Block 9)

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

OPAFCODE18a. PAYMENT WILL BE MADE BY Office of Public Affairs Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 7-400 Washington, DC 20544-0001

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

OFFER

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

CHECKED

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

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

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

See Lines

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

USCA25Q0260 - Page 1 of 14

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

USCA25Q0260 - Page 2 of 14

Supplies or Services and Prices/Costs

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

0001 Social Media Monitoring Tool (Qty: 3

Subscriptions) Firm Fixed Price

12 Month

Extended Description:Base Year Period of Performance:08/01/2025 - 07/31/2026

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

1001 Social Media Monitoring Tool (Qty: 3

Subscriptions) Firm Fixed Price

12 Month

Extended Description:Option Period 1 Period of Performance:08/01/2026 - 07/31/2027

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

2001 Social Media Monitoring Tool (Qty: 3

Subscriptions) Firm Fixed Price

12 Month

Extended Description:Option Period 2 Period of Performance:08/01/2027 - 07/31/2028

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

3001 Social Media Monitoring Tool (Qty: 3

Subscriptions) Firm Fixed Price

12 Month

Extended Description:Option Period 3 Period of Performance:08/01/2028 - 07/31/2029

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

4001 Social Media Monitoring Tool (Qty: 3

Subscriptions) Firm Fixed Price

12 Month

Extended Description:Option Period 4 Period of Performance:08/01/2029 - 07/31/2030

Descriptions/Specifications/Statement of Work

USCA25Q0260 - Page 3 of 14

C-1 Requirements

Social Media Monitoring Platform

1.0 Introduction and Purpose

The AO has approximately 1,000 employees, who provide administrative support, program management, and policy development on behalf of the 33,000 court employees and judges in 800 locations. As a source for Judi-ciary communications, guidance, and information, the AO relies on web technology in its support of the federal courts. The ability of the courts is to fulfill its mission and perform its functions based on the public’s trust and confidence in the system. In large part the judiciary earns this trust and confidence by faithfully fulfilling its duties, adhering to ethical standards, and effectively carrying out internal oversight, review and governance re-sponsibilities.

Public perceptions of the judiciary are often colored by misunderstandings about the institutional role of the fed-eral courts and their jurisdiction, as well as attitudes toward federal court decisions on matters of public interest and debate. The Office of Public Affairs (OPA) plays a significant role in both internal and external judiciary communications and is seeking a cloud-based social media publishing and listening service to post and monitor discussions ("mentions") that relate to the federal judiciary on popular social media platforms.

1.1 Background and Scope

The Office of Public Affairs seeks a tool to assist with scheduling posts for judiciary social media accounts as well as the systematic monitoring of popular social media platforms for judiciary-related topics, with particular interest in emerging issues, and information that could undermine the integrity of the judicial process. While members of OPA manually post to social media platforms to disseminate important information to the public and automatically run searches of major social media sites for targeted topic areas, there are sophisticated tools available that can help both publish posts and track social media mentions and trends in areas of interest to the judiciary. The Administrative Office may wish to assist courts in monitoring and responding to emerging issues to maintain public confidence in the judicial system. Acquisition of a professional social media monitoring and publishing tool is essential to this effort.

2.0 Requirements

2.1 General Requirements

• 3 user accounts for posting and monitoring service

• Cloud-based dashboard(s)

• Assistance with account setup, including creating/refining effective searches

• Customer support during regular business hours - Normal business hours (8:00 AM to 5:00 PM ET, Monday through Friday),with responses to questions to be provided no later than the next business day.

2.2 Social Media Monitoring Requirements

• Ability to integrate with a social Customer Relationship Management Model (CRM) for better engagement with customers, gaining insights and personalized services

• Ability to listen to feedback, respond quickly and create a community brand.

• Ability to capture insights with ease

• Ability to transition easily from another social media platform

• Ability to access information on social media mentions in real (or near-real) time on X, YouTube, LinkeIn, USCA25Q0260 - Page 4 of 14

Instagram, Facebook, TikTok, Reddit, Threads, Bluesky, Mastodon and Telegram.

• Sophisticated and customizable search queries based on one or more of the following:

1. custom keywords

2. boolean search queries

3. automated search terms/trending topics

• Ability to track U.S. judiciary-related topics (both previously known and new) while weeding out false pos-itives (e.g. state, local, or foreign court systems).

• Ability to add additional filters on existing searches for more targeted searches and specific date ranges

• Ability to track trend analysis track conversations concerning an organization, campaigns and sentiment over time

• Ability to dig deeper into analytics, spot trends, obtain analytics and create reports

2.3 Social Media Publishing

• Ability to plan and schedule social media posts across different social media platforms simultaneously

1. Posting platforms include X, YouTube, and LinkedIn

• Ability to share posts in advance with external stakeholders for approval

• Ability to add alt text to images and multi-media

Applicable Clauses

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

B-5 Clauses Incorporated by Reference OCT 2010

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

6-85 Commercial Computer Software License APR 2013

7-1 Contract Administration JAN 2003

7-25 Indemnification AUG 2004

G-1 Contract Administration

Contracting Officer's Representative (COR):

TBD

Contracting Officer (CO):

David Kelley

(202) 502-1787

USCA25Q0260 - Page 5 of 14

David_Kelley@ao.uscourts.gov

G-2 Invoicing Instructions

Invoices shall be submitted monthly after monthly usage is completed for each CLIN.

Invoices shall be emailed to the COR, CO, CS, and Cheryl_Bernhard@ao.uscourts.gov in accordance with clause 7-125 and will be considered received once accepted by the COR.

In addition, a proper invoice shall include the following or it may get rejected for payment:

1. Vendor name

2. Vendor remittance address

3. Tax ID on the invoice matching the vendor record in Judiciary Integrated Financial Management System

4. Invoice number

5. Invoice date

6. Current amount due

7. Period of performance (POP) (should fall within the POP dates shown on the contract)

8. Billing period

9. Unit price/labor rate (if applicable) 10.Receipts for travel-related reimbursements (if applicable) 11.Contract Number 12.Contract Line Item Numbers identified next to the respective amount billed

G-3 Contract Administration Closeout

At the end of a contract line item number's (CLIN) performance period or at contract expiration; and upon ac-ceptance and payment of all invoices, the Judiciary reserves the right to modify the task order and deobligate any funding remaining not invoiced for under the subject task order 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 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

USCA25Q0260 - Page 6 of 14 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 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

USCA25Q0260 - Page 7 of 14 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.

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

(a) The judiciary may extend the term of this contract by written notice to the contractor no later than 5 calendar days prior to the contract's current expiration date; provided that the judiciary gives the contractor a preliminary written notice of its intent to extend at least 10 calendar days [60 days unless a different number of days is in-serted] before the contract expires. The preliminary notice does not commit the judiciary to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(END)

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):

USCA25Q0260 - Page 8 of 14

(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:

(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

USCA25Q0260 - Page 9 of 14 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.)

(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-

USCA25Q0260 - Page 10 of 14 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.

(END)

7-5 Contracting Officer's Representative APR 2013

(a) Upon award, a contracting officer's representative (COR) may be appointed by the contracting officer. The COR will be responsible for coordinating the technical aspects of this contract and inspecting products/services furnished hereunder; however, the COR will not be authorized to change any terms and conditions of the result-ant contract, including price.

(b) The COR, if appointed, may be assigned one or more of the following responsibilities:

(1) monitoring the contractor's performance under the contract to ensure compliance with technical require-ments of the contract;

(2) notifying the contracting officer immediately if performance is not proceeding satisfactorily;

(3) ensuring that changes in work under the contract are not initiated before written authorization or modifica-tion is issued by the contracting officer;

(4) providing the contracting officer a written request and justification for changes;

(5) providing interpretations relative to the meaning of technical specifications and technical advice relative to contracting officer's written approvals, and

(6) providing general technical guidance to the contractor within the scope of the contract and without constitut-ing a change to the contract.

(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

1 Attachment 1 Pricing 06/05/2025 2 Attachment 2_Requirements Checklist1.xlsx 06/10/2025

Representations, Certifications and Other Statements of Offerors or Respondents

3-5 Taxpayer Identification and Other Offeror Information APR 2011

(a) Definitions

USCA25Q0260 - Page 11 of 14

"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;

[__] 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

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

USCA25Q0260 - Page 12 of 14

Clause Title Date

B-1 Solicitation Provisions Incorporated by Reference OCT 2010

L-1 Quote Submission Instructions

This is a Firm Fixed Price Request for Quotation (RFQ) for social media monitoring tool. This solicitation is being competed following the procedures found in § 325 "Small Purchase Procedures" of the Guide to Judiciary Policy.

All interested parties submitting a quotation package must be registered and active in the System for Award Management (SAM) and have no exclusions at the time of the award date.

1.0 Quote Due Date

Quotes are due by 12:00PM EST on June 24, 2025. Late submissions will not be accepted. Quotes shall be emailed to cheryl_bernhard@ao.uscourts.gov and David_kelley@ao.uscourts.gov by the due date stated above with the subject line of "USCA25Q0260 Social Media Monitoring Tool". Questions regarding this RFQ must be submitted via email to David_Kelley@ao.uscourts.gov and cheryl_bernhard@ao.uscourts.gov no later than June 16, 2025 at 12:00 PM Eastern.

2.0 Instructions

The Quoter shall provide the following to submit a quote by the closing date and time:

1. Attachment -1 pricing

2. Attachment 2 - Requirements Checklist

3. Any terms and conditions

4. Information for clause 7-10 and provision 3-5

5. Vendor Information to inlcude company name and address

6. Uniquie Entity Identifier (UEI) number

The quoter shall provide a firm-fixed-price quote for all CLINs. The quote shall include the proposed fixed monthly price for the base year and each option year. Each CLIN is based on 3 subscriptions. Any discounts offered shall be included in the total price quoted. Partial quotes will not be considered. The quoter shall com-plete Attachment 1 for the pricing quote.

The quoter shall complete Attachment 2 to identify whether the quoted tool meets the requirement or not.

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

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

USCA25Q0260 - Page 13 of 14

2-85A Evaluation Inclusive of Options JAN 2003

(a) The judiciary will evaluate offers for purposes of award by adding the total price for all options to the total price for the basic requirement. Evaluation of options does not obligate the judiciary to exercise the option(s).

(b) Any offer that is materially unbalanced as to prices for basic and option quantities may be rejected. An un-balanced offer is one that is based on prices significantly less than cost for some work and prices that are signi-ficantly overstated for other work.

(END)

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. Quotes that fail to meet the requirements will be determined technically unacceptable and will receive no further con-sideration.

2.0 Evaluation

Factor 1 - Technical Acceptability

Award is based on the one quoter who provides the lowest priced technically acceptable quote. The quote must encompass the entire work effort specified in the solicitation. Partial awards shall not be considered.

Quotes that fail to meet ALL of the requirements will be determined technically unacceptable and will receive no further consideration. In addition, 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 and/or the contractor will not agree to section H-1 of this solicitation, the quote the quote will be determined technically unacceptable and will receive no further consideration.

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 to include option years and any discounts quoted. Total price will be the calculated total price for all CLINs.

USCA25Q0260 - Page 14 of 14