USCA26Q0131 RFQ.pdf

USCA26Q0131 - Page 1 of 29

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30. 1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

USCA26Q0131

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/10/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Candace Browne

b. TELEPHONE NUMBER (No collect calls) 202-502-2557

8. OFFER DUE DATE /

LOCAL TIME

06/24/2026

14:00 ET

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 X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISALBED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED WOMEN-

OWNED SMALL BUSINESS (EDWOSB)

8(A)

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SIZE STANDARD:

10. THIS ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS BLOCK IS

MARKED

0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR

QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

ODSCODE15. DELIVER TO

Litigation Support Team 1300 Clay Street Suite 315 Oakland, CA 94612

CODE PMD16. ADMINISTERED BY

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

Suite 3-250 Washington, DC 20544-0001

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

AO_COTRCODE18a. PAYMENT WILL BE MADE BY

BRIAN WIGGINS

NITOAD Branch 8200 Interstate Highway 10 West Suite 1000 San Antonio, TX 78230

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NUMBER 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

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

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

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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: REFERENCE _____________________________

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) Candace Browne

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

USCA26Q0131 - Page 2 of 29

19.

ITEM NUMBER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

USCA26Q0131 - Page 3 of 29

Section B - Supplies or Services and Prices/Costs

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Base Year | Courtroom Presentation Software Licenses

Type of Contract:

FFP

1,000.000000 EA

Extended Description: This CLIN is fixed price per user and shall only be billed per actual user.

Period of Performance: 09/15/2026 - 09/14/2027

Delivery Schedule:

Delivery Number Delivery Date Delivery Quantity 1 09/15/2026 1,000.000000

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Base Year | Optional CLIN

- In accordance with Clause 2-90B | Courtroom Presentation Software Licenses for up to 250 Additional Users

Type of Contract:

FFP

250.000000 EA

Extended Description: This CLIN may not be exercised in its entirety, and shall only be exercised based on the actual number of users required up to 250 additional users. | If required, this CLIN will be exercised at the beginning of each associated period of performance only.

Period of Performance: 09/15/2026 - 09/14/2027

Delivery Schedule:

Delivery Number Delivery Date Delivery Quantity 1 09/15/2026 250.000000

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Option Year 1 | Courtroom Presentation Software Licenses

Type of Contract:

FFP

1,000.000000 EA

Extended Description: This CLIN is fixed price per user and shall only be billed per actual user.

Period of Performance: 09/15/2027 - 09/14/2028

Delivery Schedule:

Delivery Number Delivery Date Delivery Quantity 1 09/15/2027 1,000.000000

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Option Year 1 | Optional CLIN

- In accordance with Clause 2-90B | Courtroom Presentation Software Licenses for up to 250 Additional Users

Type of Contract:

FFP

250.000000 EA

Extended Description: This CLIN may not be exercised in its entirety, and shall only be exercised based on the actual number of users required up to 250 additional users. | If required, this CLIN will be exercised at the beginning of each associated period of performance only.

Period of Performance: 09/15/2027 - 09/14/2028

Delivery Schedule:

Delivery Number Delivery Date Delivery Quantity 1 09/15/2027 250.000000

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Option Year 2 |Courtroom Presentation Software Licenses

Type of Contract:

FFP

1,000.000000 EA

Extended Description: This CLIN is fixed price per user and shall only be billed per actual user.

Period of Performance: 09/15/2028 - 09/14/2029

Delivery Schedule:

Delivery Number Delivery Date Delivery Quantity 1 09/15/2028 1,000.000000

USCA26Q0131 - Page 4 of 29

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Option Year 2 | Optional CLIN

- In accordance with Clause 2-90B | Courtroom Presentation Software Licenses for up to 250 Additional Users

Type of Contract:

FFP

250.000000 EA

Extended Description: This CLIN may not be exercised in its entirety, and shall only be exercised based on the actual number of users required up to 250 additional users. | If required, this CLIN will be exercised at the beginning of each associated period of performance only.

Period of Performance: 09/15/2028 - 09/14/2029

Delivery Schedule:

Delivery Number Delivery Date Delivery Quantity 1 09/15/2028 250.000000

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Option Year 3 |Courtroom Presentation Software Licenses

Type of Contract:

FFP

1,000.000000 EA

Extended Description: This CLIN is fixed price per user and shall only be billed per actual user.

Period of Performance: 09/15/2029 - 09/14/2030

Delivery Schedule:

Delivery Number Delivery Date Delivery Quantity 1 09/15/2029 1,000.000000

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Option Year 3 |Optional CLIN

- In accordance with Clause 2-90B | Courtroom Presentation Software Licenses for up to 250 Additional Users

Type of Contract:

FFP

250.000000 EA

Extended Description: This CLIN may not be exercised in its entirety, and shall only be exercised based on the actual number of users required up to 250 additional users. | If required, this CLIN will be exercised at the beginning of each associated period of performance only.

Period of Performance: 09/15/2029 - 09/14/2030

Delivery Schedule:

Delivery Number Delivery Date Delivery Quantity 1 09/15/2029 250.000000

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Option Year 4 |Courtroom Presentation Software Licenses

Type of Contract:

FFP

1,000.000000 EA

Extended Description: This CLIN is fixed price per user and shall only be billed per actual user.

Period of Performance: 09/15/2030 - 09/14/2031

Delivery Schedule:

Delivery Number Delivery Date Delivery Quantity 1 09/15/2030 1,000.000000

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Option Year 4 |Optional CLIN

- In accordance with Clause 2-90B | Courtroom Presentation Software Licenses for up to 250 Additional Users

Type of Contract:

FFP

250.000000 EA

Extended Description: This CLIN may not be exercised in its entirety, and shall only be exercised based on the actual number of users required up to 250 additional users. | If required, this CLIN will be exercised at the beginning of each associated period of performance only.

Period of Performance: 09/15/2030 - 09/14/2031

Delivery Schedule:

Delivery Number Delivery Date Delivery Quantity 1 09/15/2030 250.000000

C-1 Requirements

1.0 Introduction and Background

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The Sixth Amendment to the United States Constitution guarantees an accused person the right to legal representation before a court of law. Congressional passage of the Criminal Justice Act (CJA) of 1964 authorized payment of hourly rates for professional services and reimbursement of expenses for court-appointed private attorneys to represent individuals deemed financially eligible under the

CJA in federal criminal and related civil proceedings. The CJA also authorized payments to court reporters, experts, and investigative services incurred in the defense of the individuals deemed to be financially eligible under the CJA. The CJA was amended in 1970 to authorize federal public and community defender organizations as additional options for providing defense services in those districts with at least 200 CJA appointments annually. The Defender Services Office (DSO) has responsibility within the Administrative Office of the U.S. Courts (AO) for the administration and support of the Defender Services Program.

Title 18 United States Code § 3006A requires each district court to provide a plan that states how that court shall furnish representation to any person financially unable to obtain adequate representation. Defendants who have been designated financially eligible under the CJA can be represented by any of the following, depending upon the district involved:

• A federal public defender organization (FPDO), consisting of salaried federal employees that provide representational services under the CJA. Each FPDO has a budget for staff, equipment, software, hiring of experts and other representational needs.

• A community defender organization (CDO), a non-profit entity that receives a federal grant to provide defense services to eligible persons in federal criminal cases. Like the FPDO budgets, each CDO grant provides funds needed for staff, equipment, etc.

• Collectively, FPDOs and CDOs are referred to as Federal Defender Organizations (FDOs).

• A CJA panel attorney, a private lawyer who is part of an approved panel of attorneys within a district who accept CJA appointments. CJA panel attorneys are compensated for their time worked and reimbursed for authorized defense-related expenses through the Defender Services appropriation. For authorized expenses above a certain low threshold, CJA panel attorneys must get approval from a judge to hire experts, purchase software or equipment, and for other expenses.

The National Litigation Support Team (NLST), a program office within DSO, focuses on providing e-discovery and litigation support assistance to the Defender Services Program. This contract falls under the NLST.

DSO seeks to obtain 1000 licenses of a Courtroom Presentation Software for use by FDO offices and CJA panel attorneys, with an additional optional quantity of 250 licenses per contract year. This software shall allow end-users to organize and present case materials, including large multi-page documents and multimedia files, during federal criminal trials and hearings. This requires software with the ability to import, organize, and display data from multiple sources and in various formats during different phases of litigation. Users need the ability to create on-the-fly enlargements, highlights, and other annotations on displayed items, with support for showing multiple items at the same time. In addition, the software must function without internet access, as presentations often occur in locations without connectivity.

The courtroom Presentation Software shall be a commercial off-the-shelf (COTS) program that displays digital exhibits and electronic files, provided through discovery or obtained from third party investigation. This software must be able to handle files regardless of format, language, or volume. This solution is essential for FDO offices and CJA panel attorneys who need to present case-related materials to judges, jurors, and witnesses in courtrooms, similar to what the Department of Justice attorneys can do with their software.

2.0 Purpose

The objective of this effort is to procure a software solution that allows FDO offices and CJA panel attorneys to organize and present case materials, including large multi-page documents and multimedia files, during federal criminal trials and hearings.

3.0 Requirements

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The vendor shall provide an installable on-premises courtroom presentation software solution that meets the requirements listed below.

3.1 System Requirements

The Contractor shall provide a commercial off-the-shelf (COTS) on-premises software solution that meets all the requirements described below (these are the minimum requirements for the required solution):

1. An installable on-premises software solution that supports organization and presentation of case materials, including large multi-page documents and multimedia files, during federal criminal trials and hearings.

2. The software solution shall be scalable and have the capacity to display, save and maintain backups of presentations over multiple years to satisfy future requirements as needed.

3. The software solution shall include intuitive navigation, defined as the following capabilities:

a. Task Efficiency: The operator should only have to have five (5) or fewer user interactions (clicks, keystrokes, or gestures) locate a specific item and display it on the presentation screen from the software's main interface.

b. Interface Clarity: All the primary controls and functions required to display, callout, and annotate should easily be accessible from the main presentation interface without navigating over two (2) menu levels.

c. Error Recovery: Whether the software provides clear, plain-language error or status messages, and any inadvertent user action shall be reversible in three (3) or fewer steps.

d. Learnability: The vendor shall state in its oral presentation the recommended minimum training time (in hours) for a user with no experience with the software to independently perform all functions shown.

4. The software solution shall remain fully functional 24/7 without requiring external connectivity.

5. The software solution shall be fully functional offline, which means all features shall be available without internet connectivity.

6. The Software shall have the ability to create presentations containing digital files and other electronically stored information (ESI).

7. The Software shall provide the ability for defense teams to create folders and categorize documents to be presented within them.

8. The Software shall not limit the number of presentations a user is allowed to create.

9. The Software shall not limit the number of items that can be added to a presentation.

10.The Software shall be installable and operable on a laptop computer with the following minimum specifications:

a. Microsoft Windows 11 64-bit Operating System.

b. 16 GB System RAM.

c. CPU with an Intel i5 processor.

11.The Software shall not limit the number of computers in which it can be installed on.

12.The Software shall allow end-users to activate available licenses.

13.The Software shall allow the DSO to deactivate a license and assign it to another user.

14.After an initial license activation, the Software shall be operable without the need for an internet connection.

15.The Software shall be capable of importing multiple image or multimedia files as part of a batch process.

16.The Software shall be capable of importing and displaying the following electronic image formats:

a. Adobe Portable Document Format version 1.3 or higher single page and multi-page variants (.PDF) files between 1 MB and 500 MB in size each.

b. Tagged Image File Format (.TIF and .TIFF) files between 1 MB and 50 MB in size each.

c. Windows Bitmap (.BMP) files between 1 MB and 50 MB in size each.

d. CompuServe Graphics Interchange (.GIF) files between 1 MB and 50 MB in size each.

e. Joint Picture Experts Group (.JPG and .JPEG) files between 1 MB and 50 MB in size each.

f. Portable Network Graphics (.PNG) files between 1 MB and 50 MB in size each.

17.The Software shall be capable of importing and displaying an Adobe Portable Document Format (.PDF) image file that was created from a High Efficiency Image File Format (.HEIC) image file between 1 MB and 50 MB in size, where the PDF file has the same resolution and similar file size to that of the original HEIC file.

18.The Software shall be able to display multiple image files in different areas of the presentation screen concurrently.

19.For multi-page image files, the software shall be capable of displaying two or more pages of a multi-page image file on the presentation screen concurrently.

20.The Software shall be capable of importing, displaying and playing with sound the following electronic multimedia formats:

a. Motion Picture Experts Group (.MPG and .MP4) files between 1 MB and 10 GB in size each.

USCA26Q0131 - Page 7 of 29

b. Audio Video Interleave/Microsoft DV-AVI Video (.AVI) files between 1 MB and 10 GB in size each.

c. Apple Quicktime (.MOV) files between 1 MB and 10 GB in size each.

d. Microsoft Windows Media Video (.WMV) files between 1 MB and 10 GB in size each.

e. MPEG Audio Layer-3 (.MP3) files between 1 MB and 10 GB in size each.

f. Wave Form Audio File (.WAV) files between 1 MB and 1 GB in size each.

g. Macintosh AIFF Resource (.AIF) files between 1 MB and 1 GB in size each.

h. MPEG-4 Audio (.M4A) files between 1 MB and 1 GB in size each.

i. Microsoft Windows Media Audio (.WMA) files between 1 MB and 1 GB in size each.

21.For multimedia files, the Software shall be able to display and play multiple items in different areas of the presentation screen.

22.The Software shall include the ability to create and display user selected magnified callouts on portions of an image or a multimedia item.

23.The Software shall include the ability to create and display the following user created annotation layers on an image item:

a. Highlights

b. Arrows

c. Ellipses

d. Lines

24.The Software shall include the ability to create and display the following user created annotation layers on a multimedia item:

a. Arrows

b. Ellipses

25.The Software shall allow users to group subsets of images and multimedia items into custom folders within the program.

26.The Software shall have the ability to save and create backups of presentation within it.

27.The Software shall have the ability to create image screenshots of items on display within a presentation which include any user created annotations and magnified callouts and allow users to save the image screenshots to files locations that are outside of the software program.

28.The Software shall have the ability to create clipped excerpts of multimedia items and allow users to save the clips to files locations that are outside of the software program.

29.The Software shall allow the item identifier to be displayed on the presentation screen.

30.The Software shall allow users to create and add additional identifiers (such as descriptions, exhibit numbers and bates numbers) to image and multimedia items.

31.The Software shall allow users to export a list of items within a presentation, or user selected subsets of items, that includes the item name and any created additional identifiers (such as descriptions, exhibit numbers and bates numbers).

32.During presentations in the court room, any PDF image items shall be displayed and have ability to be annotated, within 30 seconds of being selected in the software.

33.During presentations in the court room, multimedia items shall be displayed and playable within 30 seconds of being selected in the software.

34.The Government will do the install of the software on government premises and do their own testing.

3.2 Upgrades

1. The contractor shall provide any updates or new releases to the software solution.

2. If the contractor has any new updates and releases to the software solution, the contract shall provide advanced notification

(30 days) to allow for the AOUSC to assess if it impacts processes and needs. The COR will respond within five (5) days to accept or not accept the update or release. The AOUSC has Judiciary specific policies and procedures, which may not be the same as other Government agencies.

3. The system shall be maintainable and have the capability to receive standard upgrades. Upgrades shall include corrections, improvements, security enhancements, or adaptation to the software to accommodate functional specifications and technology. Upgrades shall not cause disruption to using the tool.

3.3 Training

1. The Contractor shall provide user manuals, administrator manuals and training guides for the software in digital form.

These manuals shall be kept up to date throughout the lifecycle of the resultant contract and can be provide via the web or email.

2. The Contractor shall provide on-demand computer-based training for all end users in as many sessions as is needed and requested. All users shall be given access to online training resources.

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3. Administrators shall receive comprehensive training during the initial contract period. Comprehensive training for administrators shall also be available concurrent with new releases of the software solution and during each contract option period.

3.4 Help Desk/Technical Support

1. The Contractor shall establish and maintain a Help Desk/Technical Support available to all users.

2. The Contractor shall provide the standard technical support, which may include support being provided via telephone, email, and/or a customer-facing website.

3. The Contractor shall provide U.S. based technical support from 7:00AM to 7:00PM Eastern Time (ET) Monday-Friday, except for federal holidays and weekends.

4. The Contractor shall provide ongoing technical support services including troubleshooting, response(s), and resolutions.

The contractor shall provide a response pending notification within 24-hours of receipt and a solution in accordance with the service level agreement.

5. The Contractor shall provide their service level agreement for technical product support, which shall outline response times and resolutions for various types/categories of technical issues.

6. The Contractor shall provide maintenance for the solution, which shall include technical support, patches and bug fixes, and upgrades to current versions of the software to ensure full functionality.

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

2-50 Continuity of Services

2-55 Privacy or Security Safeguards

5-20 Records Ownership

7-1 Contract Administration

7-5 Contracting Officer's Representative

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)

G-1 Contract Administration

This contract will be administered by:

Contracting Officer's Representative (COR)

TBD

Contracting Office (CO)

Candace Browne

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Contracting Officer (CO) Administrative Office of the United States Courts Procurement Management Division Washington, DC 20544

(202) 502-2557 candace_browne@ao.uscourts.gov

G-2 Invoicing

Invoices shall be submitted after delivery of the required licenses 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.

Submitted invoices shall only include request for payment for actual licenses utilized under each contract year.

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 acceptance 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 contract for closeout administration.

I-1 Clause 7 - 35 Disclosure or Use of Information (Deviation)

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

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

(c) The contractor agrees to assume responsibility for protecting the confidentiality of judiciary records which are not public information. Such information may include, but is not limited to, all employee data and any written and oral information of a personal nature. Such information is to be safeguarded to ensure that it is not improperly disclosed. Each officer or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein, and that further disclosure of any such information for a purpose or to an extent not so authorized may subject the person(s) responsible to criminal sanctions imposed by 18 U.S.C. § 641. That section provides, in pertinent part, that whoever without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, will be guilty of a crime punishable by a fine up to $10,000, or imprisoned up to ten years, or both. The contractor shall obtain written acknowledgment from each officer and employee to whom information is made available, that they are aware of the above penalties associated with unauthorized

USCA26Q0131 - Page 10 of 29 disclosure. No judiciary information will be provided to any contractor officer or employee until the contractor provides the signed acknowledgement required by this paragraph to the Contracting Officer (CO) and Contracting Officer’s Representative (COR) (if appointed).

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

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

(f) The judiciary and contractor agree that neither expects the performance under this contract to involve reporting or handling of classified information or materials. Either party shall notify the other promptly in writing if the expectation of that party changes, and shall include in the notice reasons therefore. If there are sealed records, in camera proceedings or grand jury matters, the contractor shall consult with the contracting officer as to the proper safeguarding, security, and secrecy of the original notes and transcript orders.

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

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

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

(j) Notwithstanding any other provision of this contract, the contractor may deliver transcript containing classified material or information only to the judiciary. The contractor shall never sell or deliver such document to a private person without the express written permission of the contracting officer. Notwithstanding any other provision of this contract, the contractor shall never keep a copy of a document containing classified material or information after the delivery of the original to the contracting officer.

I-2 Option for Increased Quantity-Separately Priced Line Item

Clause 2-90B applies to CLINs 0002, 1002, 2002, 3002, and 4002. In accordance with Clause 2-90B, these CLINs can be exercised as many times as needed as long as it does not exceed the additional 250 licenses per year of that CLIN.

These modification shall be considered within scope of the resultant contract.

2-90B Option for Increased Quantity-Separately Priced Line Item APR 2013

The judiciary may require the delivery of the numbered line item, identified as an option item, in the quantity and at the price stated in the line item. The contracting officer may exercise the option by written notice to the contractor within 10 calendar days of the start of the associated period of performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(END)

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 10 calendar days prior to the contract's current expiration date; provided that the judiciary gives the contractor a preliminary written notice

USCA26Q0131 - Page 11 of 29 of its intent to extend at least 5 calendar days [60 days unless a different number of days is inserted] 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 60 months.

(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):

(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 circumstances do not apply:

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

(2) Clause 6-60, Rights in Data – General (JUN 2012) (Applies if data will be produced, furnished, 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 Incident Involving Sensitive Information (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 collect 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 contracts for products or for a service involving furnishing of products.)

(c) Clause 3-155, Walsh-Healey Public Contracts Act (JUN 2012) (Applies to purchase 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 Maintenance, USCA26Q0131 - Page 12 of 29

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 services.)

(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 provision.)

(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 compliance 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 reasonable 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 restrictions, strikes, unusually severe weather, and delays of common carriers. The contractor shall notify the contracting 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 dispatch, 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 contractor 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 judiciary, 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 paragraph 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 contractor, or if the contractor fails to comply with any contract terms and conditions, or fails to provide the judiciary, 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 contractor 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 termination 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)

3-120A Order of Precedence (Deviation) AUG 2025

A. Order of Precedence.

USCA26Q0131 - Page 13 of 29

Any conflicts or inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) Judiciary clauses 7-175, Assignments of Claims; 7-235, Disputes; 7-135, Payments; and 7-125, Invoices.

(3) The “Unauthorized Obligations” and “Commercial Supplier Agreements Unenforceable Clauses” paragraphs of this clause.

(4) Addenda to this solicitation or 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 paragraph C of this clause.

(5) Solicitation provisions if this is a solicitation.

(6) Contract clauses if this is a contract.

(7) The Government’s standard contract form.

(8) Other documents, exhibits, and attachments.

(9) The specification.

When an order utilizing clause 3-120A is placed against an indefinite delivery vehicle (IDV) or a Blanket Purchasing Agreement (BPA) that contains Federal Acquisition Regulation (FAR) clause 52.212-4, paragraph A of clause 3-120A shall be considered replaced with FAR 52.212-4’s order of precedence provision, and the remaining paragraphs of clause 3-120A shall be considered “Other Compliances” and shall fit under FAR 52.212-4(s)(2) as “Other Compliances” per that clause’s order of precedence.

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 requiring 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 agreement 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 following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:

USCA26Q0131 - Page 14 of 29

(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 instrument (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) After award, the Contractor may unilaterally revise commercial agreement terms if they are not material. 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 contract, Blanket Purchasing Agreement (BPA), Basic Ordering Agreement (BOA), task order, or call order.

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

(C) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent 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) 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.

USCA26Q0131 - Page 15 of 29

(viii)Indemnification of end user. 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 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…