USCA25R0110 0001.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.

ADT250003

5. PROJECT NO. (If applicable)

PMDCODE

Trina L. Cain, 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.

USCA25R0110

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

12/11/2024

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.)

The purpose of this modification is to update Specification Matrix, SOW and BPA Price Workbook. The solicitation closing date has been extended to Friday, January 24 2025 by 5:00PM ET.

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

USCA25R0110 /0001 - Page 1 of 19

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

0001 Base Ordering Period: Brand Name or Equal

Apple Products and Services. See Attachment J.1

- Pricing Schedule

Original :

Change:

Total: 0

Each

Period of Performance:02/03/2025 - 02/02/2026

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

1001 Ordering Period 1: Brand Name or Equal Apple

Products and Services. See Attachment J.1 -

Pricing Schedule

Original :

Change:

Total: 0

Each

Period of Performance:02/03/2026 - 02/02/2027

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

2001 The purpose of this $0 REQ is for Apple BPA recompete.

Original :

Change:

Total: 1

Each

Period of Performance:12/01/2024 - 11/30/2025

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

3001 Ordering Period 3: Brand Name or Equal Apple

Products and Services. See Attachment J.1 -

Pricing Schedule

Original :

Change:

Total: 0

Each

Period of Performance:02/03/2028 - 02/02/2029

USCA25R0110 /0001 - Page 2 of 19

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

4001 Ordering Period 4: Brand Name or Equal Apple

Products and Services. See Attachment J.1 -

Pricing Schedule

Original :

Change:

Total: 0

Each

Period of Performance:02/03/2029 - 02/02/2030

B.1 Purpose and Ordering Periods

The purpose of this Blanket Purchase Agreement (BPA) is to obtain hardware and services as described in the SOW (Attachment J.1).

BPA ORDERING PERIODS:

The ordering periods for this BPA shall be five (5) years in length and shall consiste of five (5) ordering peri-ods, each 12 months in length.

Base Ordering Period - February 3, 2025 - February 2, 2026 Ordering Period 1 - February 3, 2026 - February 2, 2027 Ordering Period 2 - February 3, 2027 - February 2, 2028 Ordering Period 3 - February 3, 2028 - February 2, 2029 Ordering Period 4 - February 3, 2029 - February 2, 2030

B.2 BPA Pricing

1. Pricing on BPA calls shall be the discounted price for the ordering period at the time the order is placed. Cus-tomers will pay the discount price that is the product category percent discount of the OEM market price associ-ated with the product category. The discounted price is fully burdened, and the Government will not pay any other fees or shipping costs for the product. Please factor in any additional costs that may be required to cover the delivery of the product to the Government purchaser.

Each product category under this BPA will have a designated discount percentage. The product category per-cent discount identifies the average percent discounts for each ordering period.

2. The product category percent discount for each item shall be in place for the entire ordering period unless the percentage is changed through a modification to the BPA (see B.2.a.3). The average percent discount for each item contained in the BPA will be determined after award of the BPA. The BPA holder may offer additional discounts at the call order level in addition to the normal applicable percent discount for an item.

3. The item(s) purchased under this BPA shall not be higher than the OEM public list price for the same item(s).

If such a situation arises, the BPA holder shall work with the BPA COR and CO to update the percent discount on the BPA to match the BPA holder's lowest public price for the same item or service and shall update the ap-plicable BPA calls to reflect the updated percent discount, as necessary.

USCA25R0110 /0001 - Page 3 of 19

Section C - Descriptions/Specifications/Statement of Work

C.1 Statement of Work/Specifications

Please see Attachment J.1 - BPA Hardware Supplies and Services Statement of Work (SOW)

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

After acceptance, the BPA call shall be delivered within 30 days to CONUS and within 90 days to OCONUS locations unless otherwise specified by the ordering unit.

D-2 Shipping

All prices provided shall be inclusive of shipping and the BPA holder shall ensure that pricing remains the same across all CONUS and OCONUS locations. Separate delivery charges may only be charged for delivery requirements that differ from standard shipping, such as overnight, next day, second day or weekend delivery.

Section E - Inspection and Acceptance

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

2-5A Inspection of Products APR 2013

2-5B Inspection of Services APR 2013

2-10 Responsibility for Products JAN 2010

E-1 Service Level Agreements

Performance Element Performance Requirement

Minimum Performance Level

Method of Surveillance

Response to RFQs To facilitate timely acquisition of products, Contractor must be re-sponsive in providing price quotes

Respond to all price quotations received within 2 business days of request, at a minimum of 95% of the time

Quarterly Report

On-time Product Delivery

Products shall be delivered in a timely fashion to support the Courts mission requirements.

A minimum of 95% of all orders delivered shall be delivered to both CONUS within 30 days after accept-ance and OCONUS within 90 days after acceptance

Quarterly Report

USCA25R0110 /0001 - Page 4 of 19 locations unless otherwise specified by the ordering unit.

Notification of Delivery Delays

In cases where the delivery of a product may be delayed, or the standard will not be met.

Timely notification of the delay is imperative to min-imize the impact.

Back Order Delays – If known by the vendor. Noti-fication provided within two (2) business days after receipt of order greater than 95% of the time

All Other Delays - If known by the vendor.

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

Quarterly Report

Invoice Submission Invoices must be submitted in a timely manner to facilitate prompt payment

A minimum of 95% of all invoices shall be delivered to the Courts within 30 days After Delivery of Or-der

(DRO).

Quarterly Report

Incident Reports Contractor shall prepare and submit to the COR a monthly incident report.

Contractor shall send to the COR a monthly incident re-port covering the previous reporting period, by the 15th business day of each reporting period 95% of the time.

Monthly Report

Management Reports Contractor shall prepare and submit to the COR and CO a quarterly contract status report covering the previous reporting period, by the 15th business day of each reporting period.

Contractor will send to the COR and CO a quarterly contract status report cov-ering the previous 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

2-60 Stop-Work Order JAN 2010

7-200 Judiciary Delay of Work JAN 2003

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

Section G - Contract Administration Data

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

USCA25R0110 /0001 - Page 5 of 19

Clause Title Date

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: TBD at Award 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

1. BPA CALL CONTRACT TYPE

The contract type for BPA Calls (or "call orders") issued under this BPA will be firm-fixed price.

2. BPA CALL ORDERING METHOD

BPA Calls may be placed against this BPA via the issuance of a written BPA Call. Use of purchase cards for call orders is also authorized for this BPA. Unless otherwise noted in the BPA or the attachments, all require-ments applicable to written orders are applicable to purchase card orders as well. A BPA Call becomes binding once both parties sign the BPA Call, or when the BPA holder commences performance after a BPA Call is is-sued unilaterally (such as with a purchase card). In the event the BPA holder cannot perform a BPA call that is unilaterally issued, the BPA holder shall promptly notify the CO or the card holder of the issue(s) and provide the reasons the call cannot be performed. The BPA holder shall refund or cancel any purchase card order that cannot be performed, if applicable.

The BPA is open for ordering by all judiciary organizations and their authorized contracting officers or ordering officials as noted in Volume 14, Chapter 1, §110.40 Applicability in the Guide to Judiciary Policy (Guide).

Discounts will be posted on an AO Intranet Site that may be potentially accessible to judiciary contractor staff.

If the BPA holder does not want their discounts posted on the judiciary's intranet site than they must communic-ate that to the CO and the COR after award and provide a plan for efficiently providing judiciary staff with the discount information. The judiciary will not compensate the conttractor for any additional effort needed to provide this information to the judiciary organizations that request it.

3. Ordering Considerations and Limitations Orders maybe placed anytime within the BPA's ordering periods. If order is established properly, the period of performance may go beyond the BPA's ordering periods expiration date.

4. BPA OBLIGATION

USCA25R0110 /0001 - Page 6 of 19

4.1. Extent of Obligation

4.1.1. The Government estimates, but does not guarantee, that the volume of purchases through this BPA will be $12 Million.

4.1.2 The Government is obligated only to the extent of authorized purchases actually made under this BPA via BPA Calls and purchase card orders.

4.2. Funds Obligation

This BPA does not obligate any funds. Funds will only be obligated on BPA Calls and purchase card orders.

5. AUTHORIZED USERS

The BPA is open for ordering by all judiciary organizations and their authorized contracting officers or ordering officials as noted in Volume 14, Chapter 1, §110.40 Applicability in the Guide to Judiciary Policy (Guide).

6. BPA CALL ORDERING PROCEDURES

6.1 BPA Calls will be solicited in accordance with Vol 14 § 325.50.30 (Open Market Single Award BPA) through Vol 14 § 325.50.40 (a) (Ordering Under BPAs).

6.2 The BPA holder shall not respond to solicitations from non-authorized users.

7. SCOPE OF BPA CALLS

All BPA Calls must fall under the product categories as laid out in the BPA SOW, see Attachment J.1.

G.2 Appointed Contracting Officer's Representative

The appointed Contracting Officer's Representative is:

COR's Name: TBD at award COR's Address: TBD at award COR's Phone Number: TBD at award COR's Email Address: TBD at award

G.3 Invoice Submission at the Call Level

Invoice submission at the call level should normally be made to the BPA call level COR or other designated or-dering office contact specified in the BPA call, unless different instructions are provided at the call level.

Section H - Special Contract Requirements

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

1-1 Employment by the Government JAN 2003

7-55 Contractor Use of Judiciary Networks JUN 2014

H.1 Commercial Agreements Unenforceable Terms and Conditions APR 2024

When any supply or service acquired under this Blanket Purchase Agreement (BPA), contract, or order is sub-ject to a commercial agreement (Vol 14 § 540), the following language shall be deemed incorporated into the commercial agreement. As used herein, “this agreement” means the commercial agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumental-ity of the judiciary, the following shall apply:

USCA25R0110 /0001 - Page 7 of 19

(i) Applicability. This agreement is a part of a BPA, contract, or order between the commercial supplier and the judiciary for the acquisition of the supply or service that necessitates a license or other similar legal in-strument (including all contracts, orders, BPA Calls, and Government Purchase Card orders).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a ju-diciary employee or person acting on behalf of the judiciary in their personal capacity.

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

(A) Any language purporting to subject the judiciary 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 Clause 7-235 Disputes is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by Clause 7-235 Disputes 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 judiciary except as allowed by this BPA, contract, or order. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Clause 7-235 Disputes while continuing performance.

(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 judiciary guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the judiciary only when explicitly provided by statute.

(vi) Updating terms.

(A) After award, theContractormay unilaterally revise commercial agreement terms: if they are not ma-terial. A material change is defined as:

(1) Terms that change judiciary rights or obligations;

(2) Terms that increase judiciary prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other judiciary right addressed elsewhere in this BPA, contract, or call.

(B) For revisions that will materially change the terms of the BPA, contract, or order, the revised com-mercial agreement must be incorporated into the BPA, contract, or order using a bilateral modification.

(C) Any agreement license terms or conditions unilaterally revised subsequent to award that are incon-sistent with any material term or provision of this BPA, contract, or order shall not be enforceable against the judiciary, and the judiciary 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 Contract Of-ficer.

USCA25R0110 /0001 - Page 8 of 19

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to de-fend 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 judiciary BPA, contract, or order or order.

(B) This charge, if disputed by the judiciary, will be resolved in accordance with Clause 7-235 Disputes;

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 reim-bursement by the judiciary.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the judiciary as the end user will be governed by the terms of the underlying judiciary BPA, 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 judiciary BPA, contract, or order.

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

(xii) Confidential information. If this agreement includes aconfidentiality clause, such clause is hereby amended to state that neither the agreement nor the BPA, contract, or order price list, as applicable, shall be deemed “confidential information.” Although the Freedom of Information Act (FOIA) does not apply to the ju-diciary, as a matter of policy, and to the extent that it is in the best interest of the judiciary, procurement docu-ments that would be released under FOIA may be released upon request including issues regarding release of “unit pricing.” Notwithstanding anything in this agreement to the contrary, the judiciary may retain any confid-ential information as required by law, regulation, policy or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will con-tinue to be subject to the confidentiality obligations of this agreement.

(END)

H-2 Unenforceability of Unauthorized Obligations APR 2024

(a) Except as stated in paragraph (b) below, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agree-ment, that includes any clause requiring the Government 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:

(1) Any such clause is unenforceable against the Government.

(2) 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 EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechan-ism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Govern-ment authorized end user to such clause.

USCA25R0110 /0001 - Page 9 of 19

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly author-ized by statute and specifically authorized under applicable judiciary policy.

(END)

Section I - Contract Clauses

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

1-10 Gratuities or Gifts JAN 2010

1-15 Disclosure of Contractor Information to the Public AUG 2004

3-105 Audit and Records APR 2011

3-120 Order of Precedence JAN 2003

3-205 Protest after Award JAN 2003

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

Contractors Debarred, Suspended, or Proposed for Debarment

MAR 2019

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

6-60 Rights in Data - General JUN 2012

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

7-100B Limitation of Liability (Services) JAN 2003

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

7-210 Payment for Emergency Closures APR 2013

7-215 Notification of Ownership Changes JAN 2003

USCA25R0110 /0001 - Page 10 of 19

Clause Title Date

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

7-85 Examination of Records JAN 2003

7-145 Government Purchase Card JAN 2003

3-300 Registration in the System for Award Management (SAM) OCT 2023

2-20A Incorporation of Warranty JAN 2003

6-85 Commercial Computer Software License APR 2013

6-105 California E-Waste Fee APR 2013

7-20 Security Requirements APR 2013

7-35 Disclosure or Use of Information APR 2013

7-175 Assignment of Claims JAN 2003

B-5 Clauses Incorporated by Reference OCT 2010

This procurement incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

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

(END)

7-75 Subcontracts JAN 2003

(a) Definitions as used in this clause:

"Approved purchasing system" means a contractor's purchasing system that has been reviewed and approved in writing.

"Consent to subcontract" means the contracting officer's written consent for the contractor to enter into a partic-ular subcontract.

"Subcontract" means any contract entered into by a subcontractor to furnish products or services for perform-ance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) This clause does not apply to subcontracts for special test equipment.

(c) When this clause is included in a fixed-price type contract, consent to subcontract is required only on un-priced contract actions (including unpriced modifications or unpriced purchase/delivery/task orders), and only if required in accordance with paragraph (d) or (e) of this clause.

(d) If the contractor does not have a written approved purchasing system, consent to subcontract is required for any subcontract that:

(1) is of the cost-reimbursement, time-and-materials, or labor-hour type; or

(2) is fixed price and exceeds either the judiciary's small purchase threshold or 5 percent of the total estimated cost of the contract.

(e) If the contractor has a written approved purchasing system, the contractor nevertheless shall obtain the con-tracting officer's written consent before placing the following subcontracts:

[Contracting Officer list conditions requiring consent]

USCA25R0110 /0001 - Page 11 of 19

(f) (1) The contractor shall notify the contracting officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (c), (d), or (e) of this clause, including the following information:

(i) a description of the products or services to be subcontracted;

(ii) identification of the type of subcontract to be used;

(iii) identification of the proposed subcontractor;

(iv) the proposed subcontract price;

(v) the subcontractor's current, complete, and accurate cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions;

(vi) the subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract;

(vii) a negotiation memorandum reflecting:

(A) the principal elements of the subcontract price negotiations;

(B) the most significant considerations controlling establishment of initial or revised prices;

(C) the reason cost or pricing data were or were not required;

(D) the extent, if any, to which the contractor did not rely on the subcontractor's cost or pricing data in determ-ining the price objective and in negotiating the final price;

(E) the extent to which it was recognized in the negotiation that the subcontractor's cost or pricing data were not accurate, complete, or current; the action taken by the contractor and the subcontractor; and the effect of any such defective data on the total price negotiated;

(F) the reasons for any significant difference between the contractor's price objective and the price negotiated;

and

(G) a complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(2) If the contractor has a written approved purchasing system and consent is not required under paragraph (c), (d), or (e) of this clause, the contractor nevertheless shall notify the contracting officer reasonably in advance of entering into any (i) cost-plus-fixed-fee subcontract, or (ii) fixed-price subcontract that exceeds either the small purchases threshold or 5 percent of the total estimated cost of this contract. The notification shall include the in-formation required by paragraphs (f)(1)(i) through (f)(1)(iv) of this clause.

(g) Unless the consent or approval specifically provides otherwise, neither consent by the contracting officer to any subcontract nor approval of the contractor's purchasing system will constitute a determination:

(1) of the acceptability of any subcontract terms or conditions;

(2) of the allowability of any cost under this contract; or

(3) to relieve the contractor of any responsibility for performing this contract.

(h) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, or any fee payable under costreimbursement type subcontracts will not exceed the fee limitations.

(i) The contractor shall give the contracting officer immediate written notice of any action or suit filed and prompt notice of any claim made against the contractor by any subcontractor or vendor that, in the opinion of the contractor, may result in litigation related in any way to this contract, with respect to which the contractor may be entitled to reimbursement from the judiciary.

(j) The judiciary reserves the right to review the contractor's purchasing system.

(k) Paragraphs (d) and (f) of this clause do not apply to the following subcontracts, which were evaluated during negotiations.

[To be completed by the Contracting Officer in the contract award]

(END)

Section J - List of Attachments

Identifier Title Date Number of Pages

1 J.1 BPA SOW 12/11/2024

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Identifier Title Date Number of Pages

2 J.2 BPA Price Workbook 12/11/2024

3 J.1 SOW MOD 0001 01/06/2025

4 J.2 BPA Price Workbook MOD 0001 01/06/2025

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

3-130 Authorized Negotiators JAN 2003

The offeror represents that the following persons are authorized to negotiate on its behalf with the judiciary in connection with this solicitation (offeror lists names, titles, and telephone numbers of the authorized negotiat-ors).

Name: ___________________________________________________________________________ Titles: ___________________________________________________________________________ Telephone: ___________________________________________________________________________ Fax: ___________________________________________________________________________ Email: ___________________________________________________________________________

(END)

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

MAR 2019

(a) (1) The offeror certifies, to the best of its knowledge and belief, that:

(i) the offeror and/or any of its principals:

(A) are ___ are not ___ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency;

(B) have ___ have not ___, within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, at-tempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating federal criminal tax laws, or receiving stolen property;

(C) are ___ are not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental en-tity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) have ___, have not ___, within a three-year period preceding this offer, been notified of any delinquent fed-eral taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial chal-lenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced col-lection action is precluded.

USCA25R0110 /0001 - Page 13 of 19

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

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

(ii) The offeror has ___ has not ___, within a three-year period preceding this offer, had one or more contracts terminated for default by any federal agency.

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

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

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

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

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

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

(END)

3-30 Certificate of Independent Price Determination JAN 2003

USCA25R0110 /0001 - Page 14 of 19

(a) The offeror certifies that:

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

(A) those prices;

(B) the intention to submit an offer; or

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

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

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

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

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

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

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

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

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

(END)

3-5 Taxpayer Identification and Other Offeror Information APR 2011

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

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

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

(d) Taxpayer Identification Number (TIN):

[__] TIN has been applied for.

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

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

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

(e) Type of organization:

[__] sole proprietorship;

USCA25R0110 /0001 - Page 15 of 19

[__] partnership;

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

[__] corporate entity (tax-exempt);

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

[__] foreign government;

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

[__] other ___________________________________________________________________________.

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

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

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

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

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

(END)

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

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

3-100 Instructions to Offerors APR 2013

3-210 Protests JUN 2014

3-85 Explanation to Prospective Offerors AUG 2004

3-95 Preparation of Offers APR 2013

2-100 Brand Name or Equal APR 2013

2-15 Warranty Information JAN 2003

4-1 Type of Contract JAN 2003

The judiciary plans to award a BPA with firm fixed price call orders type of contract under this solicitation, and all offers shall be submitted on this basis. Alternate offers based on other contract types will not be considered.

(END)

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, USCA25R0110 /0001 - Page 16 of 19 the full text of a solicitation provision may be accessed electronically at this address:

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

(END)

L.1 General Instructions

General Information Procurement within the federal judiciary is not subject to the Federal Acquisition Regulation (FAR), which ap-plies to most Executive Branch agencies. Judiciary procurement policies are the responsibility of the Procure-ment Management Division (PMD) within the Administrative Office of the U.S. Courts (AO), and are issued in the Guide to Judiciary Policy, Volume 14 (Procurement). Offerors or contractors wishing to find the full text of individual provisions or clauses incorporated by reference in judiciary solicitations and contracts are directed to Appendix 1B of Volume 14, reference section above, B-1.

L.1 General Interested offerors are advised to read these instructions carefully. Proposals submitted that do not comply with these instructions may be deemed non-responsive and may not be considered for award.

L.2. -Submission of Questions Questions regarding this solicitation must be electronically submitted no later than 10:00 AM ET on Dec 20, 2024. Questions shall be electronically submitted to the Contracting Officer Trina Cain (trina_cain@ao.uscourts.gov) with a courtesy copy to Germaal Ross (germaal_ross@ao.uscourts.gov). The pro-spective offeror must include the solicitation number (USCA25R0110) in the subject line of the email and the email needs to be sent to both addresses listed above, otherwise the offeror's questions may not be answered.

Questions should note the specific document/attachment and page number or tab the question relates to, so the AO can identify the answer. If the question is more general, just put "N/A" for the citation. Questions that are submitted late or that do not make sense from the AO's perspective may not be answered.

L.3- Submission of Written Proposals Unless otherwise amended, proposals are due no later than the time and date for offers as specified in SAM.gov.

Proposals shall be electronically submitted to both of the email addresses listed below. Please note that a pro-posal will be marked as late if the proposal is received in the email inbox after the time specified above. Late proposals may not be considered for award at the discretion of the CO, and in accordance with provision 3-100.

Contracting Officer: trina_cain@ao.uscourts.gov Alternate: germaal_ross@ao.uscourts.gov

Proposal emails should also include in the subject line the solicitation number (USCA25R0110) and mention that the email includes a proposal.

L3.1 - Proposal Format/Information:

For documents, the proposal page size shall be 8.5 x 11 inches. Pages may be double or single-spaced. Except for the reproduced sections of the solicitation document, the text size shall be no less than Times New Roman 10 point. Use at least .5-inch margins on all sides of each page. Pages shall be numbered sequentially by volume. Page limitations are noted below. Hyperlinks should not be included in the proposal, as the AO will not review information provided by hyperlink.

L.3.2 - Electronic Submission:

All proposals must be submitted electronically by the Updated Date Offers Due date and time as identified on SAM.gov. Proposals must be valid at least 120 days after the due date for the receipt of proposals. The electron-ic copies of the quotation shall be submitted in a format readable and usable by Microsoft Office 365 suite (MS Word, MS Excel, PowerPoint); or an Adobe Acrobat PDF. The use of hyperlinks in proposals is prohibited, in-cluding links to external data stores. The following file extensions are not allowable and application materials/ data submitted with these extensions cannot be considered: .bat, .cmd, .com, .exe, .pif, .rar, .scr, .vbs, .hta, .cpl, USCA25R0110 /0001 - Page 17 of 19 html, and mhtml files. The entire proposal submission including all files shall not exceed 10 MBs.

L.3.3 Volumes The Offeror's proposal shall consist of two volumes, as shown below.

1. Volume I, Pricing - BPA_Price Workbook (Attachment J.2)

2. Volume II, Technical Volume

L.3.3.1 Volume I- BPA_Price Workbook

The offeror shall submit a fully completed copy of the BPA_Price Workbook (Attachment J.2). A fully com-pleted copy means that the offeror has submitted one sample quote for each of the seven sample orders and has filled in the yellow highlighted cells on Tab 2 of the workbook, listing the OEM market price and the discoun-ted price. Offerors shall not change any of the formulas in the workbook, this will lead to your proposal being considered nonresponsive. If you believe there is a mistake in the formulas, please inform the CO or alternate noted in L.2.

Full instructions are provided in Tab 1. Instruction of the BPA_Price Workbook (Attachment J.2).

A Pricing Notes tab has been provided in Attachment J.2 that offerors may use, but use of the tab is not re-quired. Offerors may provide notes related to the offered pricing that they believe the AO should consider. By submitting all required sample orders and a fully complete copy of Attachment J.2, your organization is con-firming that all the items and services listed in the workbook can be provided.

L.3.3.2 Volume II-Technical Volume The Technical Volume consists of the following sections and documents:

1.Your organization's Unique Entity ID (UEI) number and a statement noting whether your organization is re-gistered and up to date with your registrations in SAM.gov. This can be provided on a cover page for this volume. The offeror may also provide a 1-page table of contents page as well. The table of contents and SAM statement may be on the same page.

2. The offeror must…