USCA26R0059 - DRAFT RFP.pdf

USCA26R0059 - Page 1 of 39

SOLICITATION, OFFER, AND AWARD

1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15

CFR 700.

RATING PAGE OF PAGES

1 39

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

USCA26R0059

SEALED BID (IFB) INVITATION

FOR BID

X NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

4. TYPE OF SOLICITATION 5. DATE

ISSUED

03/20/2026

6. REQUISITION/PURCHASE NUMBER

See Lines

CODE PMD

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

Suite 3-250 Washington, DC 20544-0001

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

N/A. Email submission only

12:00 ET 04/06/2026

(Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 3-100. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

AJ M. Lee AREA CODE

NUMBER

502-2625

EXTENSION

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

aj_lee@ao.uscourts.gov

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 24-33

X B SUPPLIES OR SERVICES AND PRICES/COSTS 4-7 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 7-16 J LIST OF ATTACHMENTS 33

X D PACKAGING AND MARKING 16-17 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 17

X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

33-37

X F DELIVERIES OR PERFORMANCE 17-18

X L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 37-40X G CONTRACT ADMINISTRATION DATA 18-20

X M EVALUATION FACTORS FOR AWARD 40-42X H SPECIAL CONTRACT REQUIREMENTS 20-24

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes a minimum offer acceptance period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDAR DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NUMBER DATE AMENDMENT NUMBER DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 3204(a) 41 U.S.C. 3304(a) ( )

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE AFSD

Accounting Division, DAS-BAPO-ACC Administrative Office of the United States Courts One Columbus Circle, N.E., Suite 5-300 Washington, DC 20544-0001

24. ADMINISTERED BY (if other than Item 7) CODE25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Vanessa Jackson (Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

USCA26R0059 - Page 2 of 39

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.1 Minimum Guarantee and Maximum Contract Limitation

B-2 RESERVED

C Descriptions/Specifications/Statement of Work D Packaging and Marking

2-45 Packaging and Marking E Inspection and Acceptance

2-10 Responsibility for Products 2-5A Inspection of Products 2-5B Inspection of Services

F Deliveries or Performance 2-25A Delivery Terms and Contractor's Responsibilities 2-35 F.o.b. Destination, Within Judiciary's Premises 2-60 Stop-Work Order 7-200 Judiciary Delay of Work F-1 Period of Performance F-2 Deliverables

G Contract Administration Data 7-1 Contract Administration 7-10 Contractor Representative 7-125 Alt I Invoices G-2 Ordering Instructions G-3 Payment G-4 Contract Administration Closeout G-5 Place of Performance G-6 Government Furnished Equipment G-7 Government Furnished Information

H Special Contract Requirements 1-1 Employment by the Government 7-55 Contractor Use of Judiciary Networks 2-65 Key Personnel 7-45 Travel H-1 Travel H-2 Clause 3-120A Deviation DRAFT H-3 Continuity of Operations H-4 Modifications H-5 Incremental Funding H-6 Data Rights Supplement

I Contract Clauses 1-10 Gratuities or Gifts 1-15 Disclosure of Contractor Information to the Public 1-5 Conflict of Interest 2-20A Incorporation of Warranty 2-50 Continuity of Services 2-55 Privacy or Security Safeguards 3-105 Audit and Records 3-205 Protest after Award 3-25 Protecting the Judiciary's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 3-300 Registration in the System for Award Management (SAM) (OCT 2023) 3-35 Covenant Against Contingent Fees 3-40 Restrictions on Subcontractor Sales to the Judiciary 3-45 Anti-Kickback Procedures 3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 3-55 Price or Fee Adjustment for Illegal or Improper Activity 4-25 Indefinite Quantity

USCA26R0059 - Page 3 of 39

4-5 Ordering 5-30 Authorization and Consent 6-40 Federal, State, and Local Taxes 6-60 Rights in Data - General 6-85 Commercial Computer Software License 6-90 Notice and Assistance Regarding Patent and Copyright Infringement 6-95 Patent Indemnity 7-100B Limitation of Liability (Services) 7-110 Bankruptcy 7-130 Interest (Prompt Payment) 7-135 Payments 7-140 Discounts for Prompt Payment 7-15 Observance of Regulations/Standards of Conduct 7-150 Extras 7-160 Limitation on Withholding of Payments 7-175 Assignment of Claims 7-185 Changes 7-195 Excusable Delays 7-20 Security Requirements 7-205 Payment for Judiciary Holidays (OCT 2023) 7-210 Payment for Emergency Closures 7-215 Notification of Ownership Changes 7-220 Termination for Convenience of the Judiciary (Fixed Price) 7-230 Termination for Default - Fixed-Price Products and Services 7-235 Disputes 7-25 Indemnification 7-30 Public Use of the Name of the Federal Judiciary 7-35 Disclosure or Use of Information 7-40 Judiciary-Contractor Relationships 7-65 Protection of Judiciary Buildings, Equipment, and Vegetation 7-70 Judiciary Property Furnished "As Is" 7-80 Competition in Subcontracting 7-85 Examination of Records B-20 Computer Generated Forms 2-135 Acquisition of EPEAT-Registered Personal Computer Products 2-20C Warranty of Services 2-57 Protecting, Reporting, and Responding to Incidents Involving Sensitive Information (JUN 2024) 2-80 Judiciary Property 2-90C Option to Extend Services 2-90D Option to Extend the Term of the Contract 3-120A Order of Precedence (Deviation) 3-140 Notice to the Judiciary of Labor Disputes 4-10 Order Limitations 4-30 Payment (Time-and-Materials and Labor-Hour Contracts) 4-30 Alt I Payment (Time-and-Materials and Labor-Hour Contracts, Alt I 7-75 Subcontracts B-5 Clauses Incorporated by Reference

K Representations, Certifications and Other Statements of Offerors or Respondents 3-15 Place of Performance 3-130 Authorized Negotiators 3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters 3-30 Certificate of Independent Price Determination 3-5 Taxpayer Identification and Other Offeror Information 6-50 Representation of Rights in Data

L Instructions, Conditions and Notices to Offerors or Respondents 3-210 Protests 3-85 Explanation to Prospective Offerors 3-95 Preparation of Offers

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7-60 Judiciary Furnished Property or Services 2-1 Request for Information or Solicitation for Planning Purposes 3-100 Alt I Instructions to Offerors, Alternate I 4-1 Type of Contract B-1 Solicitation Provisions Incorporated by Reference L-1 Instructions to Offerors

M Evaluation Factors for Award 2-85A Evaluation Inclusive of Options 3-70 Determination of Responsibility M-1 Evaluation Criteria

USCA26R0059 - Page 5 of 39

Section B - Supplies or Services and Prices/Costs

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

0001 MISCELLANEOUS IT

EQUIPMENT

Indefinite Delivery/

Indefinite Quantity-

Judiciary-wide

PSC:

1.000000 EA

Delivery Schedule:

Delivery Number Quantity 1 1.000000

Period of Performance: 08/15/2026 - 08/14/2033

Description: Jury Management System (JMS) solution. Web Based System Design, Development, Implementation, Operations and Maintenance.

Including travel, deliverables, and labor.

Seven Year Ordering Period. (Firm Fixed Price)

Reference Line: PRO260059 - 0001

Pricing Options: Base

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

1001 MISCELLANEOUS IT

EQUIPMENT

Indefinite Delivery/

Indefinite Quantity-

Judiciary-wide

PSC:

1.000000 EA

Delivery Schedule:

Delivery Number Quantity 1 1.000000

Period of Performance: 08/15/2026 - 08/14/2033

Description: Clause 2-90C Option: Jury Management System (JMS) solution. Web Based System Design, Development, Implementation, Operations and Maintenance. Including travel, deliverables, and labor.

Six (six) Month Optional Ordering Period. 2-90C

Reference Line: PRO260059 - 0001

Pricing Options:

B.1 Minimum Guarantee and Maximum Contract Limitation

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract. The contractor will receive one minimum guarantee of $1,000.00 during the entire contract seven year ordering period.

The maximum limitations for orders are prescribed in Section I, Clause 4-10 Order Limitations. The estimated ceiling of this contract is $38,0000,000.00. This value may be exceeded without a modification of the contract.

USCA26R0059 - Page 6 of 39

 The Schedule of Items (Attachment 1 - Web-Based JMS Price Tables) is incorporated under Section J (List of Attachments). The estimates in Attachment 1 - Web Based JMS price tables are estimated values over the life of the contract and may either be less, or may exceed these quantities. There is no obligation that the maximum quantities will be fulfilled.

B-2 RESERVED

RESERVED

C.1 STATEMENT OF WORK

WEB BASED JURY MANAGEMENT SYSTEM

SEE ATTACHMEN 1- SECTION C STATEMENT OF OBJECTIVES

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

2-45 Packaging and Marking

Section E - Inspection and Acceptance

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

2-10 Responsibility for Products

2-5A Inspection of Products

2-5B Inspection of Services

Section F - Deliveries or Performance

LINE NUMBER/

DELIVERY NUMBER

ADDRESS CONTACT INFORMATION

0001/1 1001/1

Program Administration Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 4-300 Washington, DC 20544-0001

PERIOD OF PERFORMANCE

ITEM START END

0001 08/15/2026 08/14/2033

1001 08/15/2026 08/14/2033

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

2-25A Delivery Terms and Contractor's Responsibilities

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

2-60 Stop-Work Order

7-200 Judiciary Delay of Work

USCA26R0059 - Page 7 of 39

F-1 Period of Performance

The ordering period for this Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract will be for seven (7) years which will be broken into ordering years (for pricing purposes). These are not optional periods. CLIN 1001 under clause 2-90C is a six-month option to extend the contract.

The ordering years will be as follows:

Ordering Year One: 09/30/2026 to 09/29/2027 Ordering Year Two: 09/30/2027 to 09/29/2028 Ordering Year Three: 09/30/2028 to 09/29/2029 Ordering Year Four: 09/30/2029 to 09/29/2030 Ordering Year Five: 09/30/2030 to 09/29/2031 Ordering Year Six: 09/30/2031 to 09/29/2032 Ordering Year Seven: 09/30/2032 to 09/29/2033

Option 2-90C Six Month Extension: 09/30/33 to 03/31/2034

A six (6) month option extension CLIN is included and has been evaluated at time of award per Clause 2-90C. Clause 2-90D does not apply to this IDIQ, but may be applied to orders. Orders issued against this IDIQ may be executed until 03/31/2034, if the option is exercised. The period of performance of an order may not extend beyond one year of the ultimate expiration date of this IDIQ.

F-2 Deliverables

Reference Attachment xx - "Deliverables" for all contract deliverables. All deliverables will be accepted according to the deliverable schedule established in the individual task orders.

Deliverables, and the timeframe for their delivery, shall be specified. The contractor shall submit electronic copies of document deliverables to the COR and other government staff, as necessary, via email unless otherwise specified. All document deliverables shall be made by close of business (COB) 4:30 PM EST Monday through Friday, unless stated otherwise in the task order.

All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus or defect. All deliverables are property of the AO.

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

7-1 Contract Administration

7-10 Contractor Representative JAN 2003

(a) The contractor's representative to be contacted for all contract administration matters is as follows (contractor complete the information):

Name: ___________________________________________________________________________ Address: ___________________________________________________________________________ Telephone: ___________________________________________________________________________ Email: ___________________________________________________________________________ Fax: ___________________________________________________________________________

(b) The contractor's representative shall act as the central point of contact with the judiciary, shall be responsible for all contract administration issues relative to this contract, and shall have full authority to act for and legally bind the contractor on all such issues.

(END)

7-125 Alt I Invoices JAN 2003

Substitute the following for paragraph (c)(4) of the basic clause:

(4) All invoices for services under this agreement shall indicate in detail the following:

(i) person performing service each day by hour and part of an hour;

(ii) services performed each day by hour and part of an hour;

(iii) rates and charges for each service so detailed; and

(iv) individual expenses charged, if allowed under this agreement.

USCA26R0059 - Page 8 of 39

Note: Minimum charges for portions of an hour may be allowed, if such a charging practice has been disclosed before award of this agreement.

(END)

7-5 Contracting Officer's Representative APR 2013

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

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

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

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

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

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

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

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

Â

(END)

G-1 Indefinite-Delivery/Indefinite-Quantity Contract Administration

This IDIQ contract will be administered by:

TBD

Contracting Officer's Representative Administrative Office of the United States Courts Court Services Office Thurgood Marshall Federal Judiciary Building One Columbus Circle, NE Washington, DC 20544

202-502-TBD

TBD@ao.uscourts.gov

G-2 Ordering Instructions

Firm fixed price, labor hour, or time and material contract types may be issued on task orders following the process established in this clause.

For Task Orders that have other than firm fixed priced CLINs, the IDIQ Task Order process will commence with the issuance of a Task Order Request for Proposal (TORFP) via email to the contractor by the Contracting Officer (CO). The request will state the date on which the judiciary needs to receive a response from the contractor and request a price proposal. The contractor will have at least five (5) days to provide a proposal.

The Task Order RFP (TORFP) will include the following:

(1) Statement of Work for services;

(2) The period of performance;

(3) Type of Task Order;

(4) Required deliverables (if applicable);

(5) Security requirements (if applicable);

(6) Any other requirements (if applicable);

(7) The AO will identify Key personnel, if applicable, in the respective RFP.

The contractor shall submit a response to the CO by the requested due date established in the TORFP. The contractor's response shall include a narrative describing the approach to meet the SOW, and include a detailed breakdown of pricing consistent with methodology identified in the RFP. Upon submission of the proposal by the contractor, the CO will evaluate the proposal to ensure all judiciary requirements have been met.

All work to be performed under this IDIQ will commence with the issuance of a Task Order by the CO, within the scope of the IDIQ. Task Orders will be issued in writing. Task Orders may be issued throughout the term of the IDIQ depending on government needs and changing business requirements. Task Orders will be issued based on the service areas described in Section C of the IDIQ. The period of performance for Task Orders may extend up to one year beyond the expiration of the base IDIQ's period of performance.

The resultant Task Order(s) shall contain the following information:

USCA26R0059 - Page 9 of 39

(1) Date of Task Order, IDIQ Number and Task Order Number;

(2) Statement of Work for services;

(3) Place and date of delivery or performance;

(4) Any other pertinent information; and

(5) The fixed price and/or ceiling value.

(6) IDIQ CLIN reference number

(7) Quantity and price For services already priced at the IDIQ level, a Task Order Request for Proposal (TORFP) is not required. In this case, Contracting Officers from the Procurement Management Division will issue orders directly to the contractor using Optional Form (OF) -347 or SF1449 for services provided under the contract, at the firm fixed price(s) stipulated in Section B of the contract. Multiple orders may be issued against the contract during a fiscal year. No orders shall be issued after expiration of the contract.

The ordering Contracting Officer reserves the right to issue an emergency task order. The Contracting Officer will notify the contractor verbally, regarding what the task shall include (i.e. travel, personnel materials, etc.).

The contractor shall respond with the utmost urgency and will attempt to provide a written proposal within 24 hours of that notice, if possible, based upon the information provided to the Contractor.

Funding will be provided (obligated) at the time of award, based on the order's defined requirements for the specified period of performance. Any Task Orders issued against this IDIQ shall become binding when signed by the CO and delivered to the contractor.

G-3 Payment

All invoices shall be emailed to the COR and be submitted in accordance with clause 7-125 or Alt I as appropriate.

Invoices shall include the CLIN number and shall be considered accepted once electronically received by the COR.

The payment schedule will be determined in each individual IDIQ Task Order.

The Government shall render payment based on delivery and final acceptance of deliverables related to the Firm Fixed Price (FFP) CLINs and Option Firm Fixed Price (FFP) CLINs. Invoicing for each FFP CLIN is one-time and will be paid upon delivery and acceptance of the deliverable.

Invoicing for Labor Hour (LH) and Time and Materials (T&M) CLINs and Option CLINs is permitted monthly and invoices shall be submitted after the completion of the month of performance. (e.g. invoice for January shall be submitted in February).

G-4 Contract Administration Closeout

At the end of a contract line item number's (CLIN) performance period or at IDIQ Task Order expiration; and upon acceptance and payment of all invoices, the Judiciary reserves the right to modify the IDIQ Task Order and unilaterally deobligate any funding remaining not invoiced for under the subject IDIQ Task Order for closeout administration.

Data Destruction in accordance with Clause xx

G-5 Place of Performance

The principle place of performance can be at the vendor's site within the Continental United States or at the government provided work site. The place of performance will be established in the task order.

G-6 Government Furnished Equipment

For contractor personnel working off government premises, the Government will provide the applicable equipment and software to perform the requirements outlined in the statement of work of the IDIQ and issued task orders. The contractor shall be responsible for proper utilization and safeguarding of all Government property provided for contractor use. Contractor employees must immediately report damage, theft, or loss of Government property to the COR. The contractor must keep an updated report of all GFE in their possession and provide a copy of the report to the COR and the CO.

See Judiciary clause 2-80.

G-7 Government Furnished Information

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Any/all information necessary to perform the tasks will be furnished by the Government as needed throughout the performance of a Task order. The contractor shall safeguard any sensitive information in accordance with clause 7-35 Disclosure of Use of Information.

48 CFR § 2452.227-70 - Government information.

Government Information (DEC 2012)

(a) Definitions. As used in this clause, “Government information” includes - Contractor-acquired information, which means information acquired or otherwise collected by the Contractor on behalf of the Government in the context of the Contractor's duties under the contract.

Government-furnished information (GFI), which means information in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. GFI also includes contractor-acquired information if the contractor-acquired information is a deliverable under the contract and is for continued use under the contract. Otherwise, GFI does not include information that is created by the Contractor and delivered to the Government in accordance with the requirements of the work statement or specifications of the contract. The type, quantity, quality, and delivery requirements of such deliverable information are set forth elsewhere in the contract schedule.

(b) Information Management and Information Security.

(1) The Contractor shall manage, account for, and secure all Government information provided or acquired by the contractor. The Contractor shall be responsible for all Government information provided to its subcontractors. The Contractor agrees to include a requirement in each subcontract under this contract that flows down the protection from disclosure requirements.

(2) The Contractor's responsibility for Government information extends from the initial provision or acquisition and receipt of information, through stewardship, custody, and use until returned to, or otherwise disposed of, as directed by the Contracting Officer.

This requirement applies to all Government information under the Contractor's accountability, stewardship, possession or control, including its subcontractors.

(c) Use of Government information.

(1) The Contractor shall not use any information provided or acquired under this contract for any purpose other than in the performance of this contract.

(2) The Contractor shall not modify or alter the Government information, unless authorized in writing, in advance, by the Contracting Officer.

(d) Government-furnished information.

(1) The Government shall deliver to the Contractor the information described below - Description Date to be Provided [Contracting Officer insert]

(2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government-furnished information will be suitable for contract performance and will be delivered to the Contractor by the dates stated in paragraph (d)(1) of this clause.

(i) The Government does not warrant the validity or accuracy of the Government-furnished information unless otherwise noted.

(ii) In the event that information received by the Contractor is not in a condition suitable for its intended use, the Contractor shall immediately notify the Contracting Officer in writing. Upon receipt of the Contractor's notification, the Contracting Officer shall advise the Contractor on a course of action to remedy the problem.

(iii) If either the failure of the Government to provide information to the Contractor by the dates shown in this clause or the remedial action taken under this clause to correct defective information causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, the Contracting Officer shall consider an equitable adjustment to the contract. The Contractor shall provide to the Contracting Officer its written statement describing the general nature and amount of the equitable adjustment proposal within 30 days after the remedial action described in paragraph (ii) herein is completed, or within 30 days after the date upon which the Government failed to provide information, unless the Contracting Officer extends this period.

(3)

(i) The Contracting Officer may, by written notice, at any time -

(A) Increase or decrease the amount of Government-furnished information under this contract;

(B) Substitute other Government-furnished information for the information previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or

(C) Withdraw authority to use the information.

(ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor's timely written request, the Contracting Officer shall consider an equitable adjustment to the contract.

(e) Rights in information. Government information is the property of the U.S. Government unless otherwise specifically identified.

The specific rights in any other information acquired or created by the Contractor under this contract shall be as expressed in the “Rights in Data” clause contained in this contract.

(f) Government access to information. The Government shall have the right to access any Government information maintained by the contractor and any subcontractors. The Contractor shall provide the Contracting Officer, and other duly authorized Government

USCA26R0059 - Page 11 of 39 representatives, with access to all Government information, including access to the Contractor's facilities, as necessary, promptly upon written notification by the Contracting Officer. Such notification may be by electronic mail.

(g) Contractor liability for Government information.

(1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss, theft, damage, or destruction to the Government information furnished or acquired under this contract, except when the loss, theft, damage, or destruction is the result of the Contractor's failure to properly manage, account for, and safeguard the information in accordance with this clause.

(2) In the event of any loss, theft, damage, or destruction of Government information, the Contractor shall immediately take all reasonable actions necessary to protect the Government information from further loss, theft, damage, or destruction.

(3) The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any loss, theft, damage, or destruction of Government information.

(h) Information alteration and disposal. Except as otherwise provided for in this contract, the Contractor shall not alter, destroy, or otherwise dispose of any Government information unless expressly directed by the Contracting Officer to do so.

(i) Return of Government information to the Government. (1) The Government may require the Contractor to return Government Information to the Government at any time. Upon demand by the Contracting Officer or his/her representative, the Contractor shall return all Government information to the Government as directed by the Contracting Officer or other individual designated by the Contracting Officer.

(2) The Contractor's failure to return all information as directed, including directions regarding the time frames for delivery back to the Government and directions prescribing the form in which the data must be returned, shall be considered a breach of contract, and the Government shall have the right to physically remove the Government information from the Contractor, including removal of such information from the Contractor's physical premises and from any electronic media (e.g., Contractor's computer systems).

(3) When required to return Government information to the Government, the Contractor shall do so at no cost to the Government. The Government shall not be responsible for the cost of data format conversion and the cost of delivery, if any.

(4) The Contractor shall ensure that all Government information provided to subcontractors is returned to the Government.

(j) Equitable adjustment. Equitable adjustments under this clause shall be made in accordance with the procedures of the Changes clause. However, the Government shall not be liable for breach of contract for the following:

(1) Any delay in delivery of Government-furnished information.

(2) Delivery of Government-furnished information in a condition not suitable for its intended use.

(3) An increase, decrease, or substitution of Government-furnished information.

(4) Failure to correct or replace Government information for which the Government is responsible.

(k) Subcontracts. The Contractor shall ensure that all subcontracts under which Government information is provided to a subcontractor include the basic terms and conditions set forth in paragraphs (a), (b), (c), (f), and (h) of this clause in each subcontract.

Subcontracts shall clearly describe the Government information provided to the subcontractor. The Contractor shall be responsible for all Government information provided to subcontractors.

Alternate I. When the contracting officer determines that the failure to return Government information as provided for in paragraph

(i) of this clause shall result in a monetary damage to the Government, the contracting officer shall include the following additional paragraph (i)(5) of this clause. The contracting officer shall consult the requiring activity to determine an amount or percentage that accurately reflects the damages to the Government.

(5) In the event of Contractor delay in returning the Government Information to the Government, for each calendar day late, the Contracting Officer has the discretion to deduct ______ [Contracting Officer insert dollar amount or percentage] from the total value of the contract, and/or withhold payment from the Contractor.

(End of clause)

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

1-1 Employment by the Government

7-55 Contractor Use of Judiciary Networks

2-65 Key Personnel APR 2013

(a) Individuals identified below as key personnel and accepted for this contract are expected to remain dedicated to this contract.

However, in the event that it becomes necessary for the contractor to replace any of the individuals designated as key personnel, the

USCA26R0059 - Page 12 of 39 contractor shall request such substitutions in accordance with this clause. Substitution of key personnel will be considered under the following circumstances only:

(1) All substitutes shall have qualifications at least equal to those of the person being replaced.

(2) All appointments of key personnel shall be approved in writing by the contracting officer, and no substitutions of such personnel shall be made without the advance written approval of the contracting officer.

(3) Except as provided in paragraph (4) of this clause, at least 30 days (60 days if security clearance is required) in advance of the proposed substitution, all proposed substitutions of key personnel shall be submitted in writing to the contracting officer, including the information required in paragraph (5) of this provision.

(4) The following identifies the requirements for situations where individuals proposed as key personnel become unavailable because of sudden illness, death or termination of employment. The contractor shall within 5 work days after the event, notify the contracting officer in writing of such unavailability. If the event happens after award, the contracting officer will determine if there is an immediate need for a temporary substitute and a continuing requirement for a permanent substitute for the key personnel position.

The contracting officer will promptly inform the contractor of this determination. If the contracting officer specifies that a temporary substitute is required, the contractor shall as soon as is practical identify who will be performing the work as a temporary substitute.

The temporary substitute will then start performance on a date mutually acceptable to the contracting officer and the contractor.

Within 15 work days following the event, if the contracting officer specifies that a permanent substitute is required, the contractor shall submit, in writing, for the contracting officer's approval, the information required in (5) and (6) below, for a proposed permanent substitute for the unavailable individual. The approval process will be the same as (7) below.

(5) Request for substitution of key personnel shall provide a detailed explanation of the circumstances necessitating substitution, a resume of the proposed substitute, and any other information requested by the contracting officer to make a determination as to the appropriateness of the proposed substitute's qualifications. All resumes shall be signed by the proposed substitute and his/her formal (per company accepted organizational chart) direct supervisor or higher authority.

(6) As a minimum (or as otherwise specified in the solicitation), resumes shall include the following:

(a) name of person;

(b) functional responsibility;

(c) education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/ certification(s) received, major field(s) of study, and approximate number of total class hours);

(d) citizenship status;

(e) experience including, in reverse chronological order for up to ten years, area(s) or work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descriptions of experience for each position held including specific experience related to the requirements of this contract; and

(f) certification that the information contained in the resume is correct and accurate (signature of key person and date signed, and signature of the supervisor or higher authority and date signed will be accepted as certification).

(7) The contracting officer will promptly notify the contractor in writing of his/her approval or disapproval of all requests for substitution of key personnel. All disapprovals will require re-submission of another proposed substitution within 15 days by the contractor.

(b) The following individuals are designated as key personnel under this contract:[Contracting Officer to add names upon contract award]

(END)

7-45 Travel APR 2013

The contractor may propose travel costs if travel is required for performance of the contract and is an authorized reimbursable expense under the contract. The extent of reimbursement for incurred travel costs will be subject to the limitations set forth in the Guide, Vol 19, Ch 4 (Judiciary Staff Travel Regulations).

(end)

H-1 Travel

Travel may be required in performance of this contract and must be approved in advance by the Contracting Officer's Representative (COR). All vendor travel shall be conducted in accordance with Clause 7-45. Materials in the form of general and administrative expenses (G&A) indirect rates do not apply to travel.

H-2 Clause 3-120A Deviation DRAFT

Clause 3-120 Order of Precedence

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Include the following clause as prescribed in § 330.10.30(s) (Provisions and Clauses), except that this clause shall not be included in blanket purchase agreements or orders awarded under GSA's Multiple Award Schedule contracts. Contracting officers may also include the clause in solicitations and contracts below the judiciary’s small purchase threshold.

A. Order of Precedence.

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; 7-125, Invoices; 7-30 Public Use of the Name of the Federal Judiciary; 2-57 Protecting, Reporting, and Responding to Incidents Involving Sensitive Information (if included in the contract);.

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.

10. When an order utilizing clause 3-120 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 3-120, except for A.2 (Judiciary clauses), then it shall be considered replaced with FAR 52.212-4’s order of precedence provision, and section A.2 and the remaining paragraphs of clause 3-120 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.

A. 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.

1. 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.

A. 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:

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.

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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.

i. 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.

ii. 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.

iii. 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.

A. 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.

B. 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.

i. 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.

ii. 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.

iii. 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.

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

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

iii. Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” or “line-item pricing” will be resolved consistent Judiciary Clause 1-15, Disclosure of Contractor Information to the Public. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

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iv. Credit application/Master account. Any language requiring the use of a credit application or master account is hereby deleted. Credit provisions are not applicable to the judiciary.

v. Advance payments. Except for software licenses provided by the vendor contemporaneously with the Government’s payment, and publications printed or recorded in any way for the auditory or visual use of the agency, any language requiring the Government to pay for more than the value of services already provided or articles already delivered is hereby deleted unless expressly authorized in writing by the Contracting Officer and provided for in the schedule of supplies/services.

vi. Insurance. Because the Government is self-insured, any language requiring the Government to pay for insurance is hereby deleted unless expressly authorized in writing by the Contracting Officer.

vii. Damage deposits. Any language requiring the Government to pay a deposit for damages is hereby deleted.

viii.In the event of a conflict, any Artificial Intelligence related section in this contract shall take precedence over any attachment that may have conflicting terms.

ix. Any term that claims to provide authority or approval for judiciary data to be moved outside of the United States is considered inapplicable to this contract. Any movement of judiciary data outside the United States must first be approved in writing by the CO and COR.

1. If any language, provision, or clause of this agreement conflicts or is inconsistent with this clause, then the language in this clause shall prevail to the extent of such inconsistency.

A. Definitions.

Cloud computing means a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This includes other commercial terms, such as on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured service. It also includes commercial offerings for software-as-a-service, infrastructure-as-a-service, and platform-as-a-service.

Commercial computer software means any computer software that is a commercial product or commercial service.

Commercial supplier agreement means terms and conditions customarily offered to the public by vendors of supplies or services that meets the definition of “commercial item” set forth…