USCA27R0009 - Jury Management Solution DRAFT RFP.pdf

USCA27R0009 - Page 1 of 48

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

See Lines

PAGE 1 OF

5. SOLICITATION NUMBER

USCA27R0009

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

DATE

10/19/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME AJ M. Lee

b. TELEPHONE NUMBER (No collect calls) 202-502-2625

8. OFFER DUE DATE /

LOCAL TIME

XXXXXXX

12:00 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

REQUEST

FOR

QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

X REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

PROCODE15. DELIVER TO

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

Suite 4-528 Washington, DC 20544-0001

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

AFSDCODE18a. PAYMENT WILL BE MADE BY Accounting Division, DAS-BAPO-ACC Administrative Office of the United States Courts One Columbus Circle, N.E., Suite 5-300 Washington, DC 20544-0001

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.

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: 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) Vanessa Jackson

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

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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

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Section B - Supplies or Services and Prices/Costs

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

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

Type of Contract:

IDIQ

1.000000 EA

Extended Description: BASE PERIOD FIVE (5) YEAR ORDERING PERIOD - YEARS 1-5

Period of Performance: 12/01/2026 - 11/30/2031

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

IDIQ Minimum Guarantee: The minimum guarantee of this IDIQ is $500.00. This CLIN will be obligated against the IDIQ at time of award to satisfy the IDIQ guaranteed minimum.

Type of Contract:

IDIQ

1.000000 JB

Extended Description: As task orders are fulfilled by the individual orders, the minimum guaranteed obligation will be de-obligated once enough orders are issued by the individual orders to meet the minimum guarantee.

Period of Performance: 12/01/2026 - 11/30/2031

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

Option Period 1

ORDERING PERIOD 2:

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

Type of Contract:

IDIQ

1.000000 EA

Extended Description: ORDERING PERIOD 2 - YEARS 6-10

Period of Performance: 12/01/2031 - 11/30/2036

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

Option to Extend Services.

ORDERING PERIOD 3:

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

Type of Contract:

IDIQ

1.000000 EA

Extended Description: ORDERING PERIOD 3 - 2-90C UP TO SIX (6) MONTHS

Period of Performance: 12/01/2031 - 05/31/2037

C.1 Performance Work Statement

JURY MANAGEMENT SOLUTION

SEE ATTACHMENT 1- JURY MANAGEMENT SOLUTION PWS

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

B-20 Computer Generated Forms

1-1 Employment by the Government

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1-5 Conflict of Interest

1-10 Gratuities or Gifts

1-15 Disclosure of Contractor Information to the Public

2-5B Inspection of Services

2-20A Incorporation of Warranty

2-25A Delivery Terms and Contractor's Responsibilities

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

2-45 Packaging and Marking

2-55 Privacy or Security Safeguards

2-60 Stop-Work Order

3-25 Protecting the Judiciary's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

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

3-105 Audit and Records

3-205 Protest after Award

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

4-30 Alt I Payment (Time-and-Materials and Labor-Hour Contracts, Alt I

5-30 Authorization and Consent

6-40 Federal, State, and Local Taxes

6-60 Rights in Data - General

6-85 Commercial Computer Software License Contract: "TBD"

6-90 Notice and Assistance Regarding Patent and Copyright Infringement

6-95 Patent Indemnity

7-1 Contract Administration

7-15 Observance of Regulations/Standards of Conduct

7-20 Security Requirements

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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

7-55 Contractor Use of Judiciary Networks

7-65 Protection of Judiciary Buildings, Equipment, and Vegetation

7-80 Competition in Subcontracting

7-85 Examination of Records

7-100B Limitation of Liability (Services)

7-110 Bankruptcy

7-130 Interest (Prompt Payment)

7-135 Payments

7-140 Discounts for Prompt Payment

7-150 Extras

7-175 Assignment of Claims

7-185 Changes

7-195 Excusable Delays

7-200 Judiciary Delay of Work

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

B-5 Clauses Incorporated by Reference OCT 2010

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

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

(END)

F-1 Period of Performance

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The ordering period for this Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract will consist of five (5) years, with an optional five (5) year extension. The contract will be divided into individual ordering years. Ordering Period three (3) will consist of an option to extend services.

ORDERING PERIOD 1 (Base) Ordering Year One: 12/01/2026 to 11/30/2027 Ordering Year Two: 12/01/2027 to 11/30/2028 Ordering Year Three: 12/01/2028 to 11/30/2029 Ordering Year Four: 12/01/2029 to 11/30/2030 Ordering Year Five: 12/01/2030 to 11/30/2031

ORDERING PERIOD 2 (Option 1) Ordering Year Six: 12/01/2031 to 11/30/2032 Ordering Year Seven: 12/01/2032 to 11/30/2033 Ordering Year Eight: 12/01/2033 to 11/30/2034 Ordering Year Nine: 12/01/2034 to 11/30/2035 Ordering Year Ten: 12/01/2035 to 11/30/2036

ORDERING PERIOD 3 (Option to Extend Services) In accordance with Clause 2-90C, this period can be exercised from 12/01/2031 through 11/30/3036.

A CLIN for the Option to Extend Services is included and has been evaluated at time of award per Clause 2-90C. Clause 2-90D applies both to this IDIQ and Task Orders.

The Government may issue task orders any time during the ordering period and orders may extend sixty (60) months beyond the expiration of the ordering period.

F-2 Deliverables

Specific deliverables and associated requirements may be identified in individual task orders or delivery orders, as applicable. The Contractor shall provide the deliverables specified in each applicable order in accordance with the requirements, schedule, and terms set forth therein.

F-3 Post Award Activities

a. Management Plan - The Contractor shall provide, as required at the task order level, a Management Plan describing its approach to managing contract performance, including communication, staffing, governance, risk management, and issue resolution.

b. Deliverables Approach - The Contractor shall provide, as required at the task order level, describe its approach for developing, managing, reviewing, and delivering contract deliverables.

c. Quality Assurance Surveillance Plan (QASP) - The Contractor shall provide, as required at the task order level, describe its approach for quality assurance, performance monitoring, corrective actions, and continuous improvement.

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

The office identified in 1449 block 16 supported by the Contracting Officer's Representative:

TBD

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

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Washington, DC 20544

202-502-TBD

TBD@ao.uscourts.gov

G-2 Ordering Instructions

This IDIQ is intended for the use of the United States federal district courts. All work to be performed under this IDIQ shall commence with the issuance of a Task Order by a warranted Aministrative IDIQ Contracting Officer or warranted Court Contracting Officer (Level 3), within the scope of the IDIQ. Task Orders will be issued in writing. Task Orders may be issued throughout the term of the IDIQ based on Government needs and business requirements. Task Orders will be issued based on the services within the scope of the IDIQ.

Established IDIQ Pricing

The applicable IDIQ contract price shall govern the corresponding Task Order.

The Contracting Officer may issue a Task Order directly using the applicable established IDIQ Schedule, unit price, labor rate, or other contract pricing without requesting a separate price proposal from the Contractor.

The Government may not require the Contractor to submit a separate price proposal for a Task Order solely to re-price services for which an applicable IDIQ contract price has already been established.

Task Order Request for Proposal (TORFP)

The Contracting Officer may request a Task Order proposal from the Contractor.

The Task Order Request for Proposal (TORFP) will be issued by the Contracting Officer. The proposal due dates will be established in the TORFP. The government intends to provide the Contractor will have at least five (5) days to provide a Task Order proposal, but shorter response time frames may be required.

The TORFP may include the following:

Requirements document;

Price Proposal Request, if applicable;

Period of performance;

Type of Task Order;

Required deliverables, if applicable;

Additional security requirements, if applicable;

Applicable IDIQ CLINs or pricing categories, if applicable; and Any additional requirements necessary to define the Task Order;

Key Personnel requirements, if applicable.

The Contractor shall submit its response to the government by the requested due date established in the TORFP. When a price proposal is requested, the Contractor's response shall include a narrative describing the approach to meet the applicable requirements and a detailed breakdown of pricing consistent with the pricing methodology established under the IDIQ contract.

Upon submission of the proposal, the Contracting Officer will evaluate the proposal to ensure that applicable Judiciary requirements have been met and that the proposed pricing is appropriate for the requirements of the Task Order.

Task Order Contents The resultant Task Order(s) shall contain, as applicable:

Date of Task Order, IDIQ contract number, and Task Order number;

Performance Work Statement, Statement of Work, or other requirements document;

Place and period of performance;

Quantity and applicable unit price/rate;

The fixed price and/or ceiling value;

Required deliverables, if applicable;

Additional security requirements, if applicable; and Any other pertinent information necessary to define the Task Order.

Requirements at F-3, as applicable.

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Deliverables, and/or and Contract Data Requirements Lists (CDRL) and Data Item Descriptions (DID).

Ordering and Scope Task Orders may be issued throughout the ordering period of the IDIQ based on Government needs and business requirements.

The Government may issue multiple Task Orders against the IDIQ during a fiscal year.

No Task Order may include products or services outside the scope of the resulting IDIQ contract.

G-3 Payment

All invoices shall be emailed to the task order COR and be submitted in accordance with clause 7-125 Invoices and 7-125 Alt Invoices as appropriate. Invoices shall be considered accepted once electronically received, reviewed and accepted by the Task Order COR.

G-4 Task Order Administration Deobligation

The following may apply for Firm-Fixed Price (FFP) Task Order(s).

Deobligation of Excess Funds:

(a) Within forty-five (45) days upon expiration of any Task Order period of performance (POP), the Contractor shall submit all outstanding invoices for work performed under the Task Order.

(b) The final invoice shall be clearly marked 'FINAL INVOICE'.

(c) Submission of a final invoice shall constitute the Contractor's representation that all charges, costs, and amounts due under the Task Order have been invoiced.

(d) Following acceptance of all required deliverables and payment of the final invoice, the Government may unilaterally modify the Task Order to deobligate any remaining funds not earned, invoiced, or otherwise due to the Contractor.

(e) Failure to submit a final invoice within the time specified in paragraph (b) may be considered by the Government as evidence that no additional amounts are due under the Task Order. The Government reserves the right to proceed with deobligation of excess funds after providing notice to the Contractor.

(f) Deobligation of excess funds under this clause shall not affect the Contractor's entitlement to payment for properly performed, accepted, and timely invoiced work.

G-5 Place of Performance

The primary place of performance for the solution shall be at the Contractor’s site in the United States. Specific training locations, when required, will be identified in the applicable task order.

H-1 Task Order Travel

Travel may be required in the performance of the resulting task orders. Contractor travel shall be permitted only when the travel is required for performance of an issued task order and has been authorized in advance by the Task Order COR. The COR may review, coordinate, or approve travel requests pursuant to the applicable task order, but such COR approval shall not constitute independent authority to authorize Contractor travel or obligate the Government to reimburse travel expenses.

H-2 Conditional Notice to Proceed (NTP) Requirements

The Contractor shall not ingest, process, store, or transmit live Government data, Controlled Unclassified Information (CUI), or Personally Identifiable Information (PII) within the proposed cloud environment, nor activate full production subscriptions, until the Contracting Officer (CO) issues a formal, written Notice to Proceed (NTP) for Production Operations.

(a) Phase 1: Onboarding, Assessment, and Authorization PhaseScope of Base / Phase 1: Upon contract award, the Contractor is authorized to perform only onboarding, initial systemconfiguration, security assessment preparation, and

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USCA27R0009 - Page 9 of 48 testing activities under CLIN 0001. Testing Limitations: Any system testing conducted prior to NTP issuance shall utilize exclusively synthetic, dummy, oranonymized test data. Live Government data shall not be introduced for testing unless the Senior Authorizing Official(SAO) or Authorizing Official (AZO) grants a explicit, written Interim Authority to Test (IATT), and the CO provideswritten concurrence. The Contractor agrees that performance of onboarding activities under Phase 1 does not guarantee the issuance of an NTPor the exercise of subsequent Option Periods.

Conditions Precedent for Issuance of Notice to Proceed (NTP) The Contracting Officer will issue an NTP for Production Operations only after all of the following conditions precedent are fully satisfied:

Security Package Submission: The Contractor submits a complete Authorization Package (including the System Security Plan (SSP), Customer Responsibility Matrix [CRM], Plan of Action & Milestones (POA&M), and 3PAO Security Assessment Report (SAR) meeting the required (Low / Moderate / High) FIPS 199 baseline and NIST SP 800-53 (Rev. 5) controls.

Remediation of High/Moderate Vulnerabilities: The Contractor remediates or mitigates all High and Moderate security vulnerabilities to the satisfaction of the Information System Security Officer (ISSO) and CISO.

Signed ATO Memo: The Senior Authorizing Official (SAO) or Authorizing Official (AZO)executes a formal, written Authority to Operate (ATO) memo for the full cloud system boundary.

(b) Activation of Phase 2 / Production CLINs Issuance of the NTP by the CO is a required prerequisite for the exercise of Options / Phase 2 Production CLINs (Insert Production CLIN TBD).

Subscription billing for full user licenses or production compute capacity shall not commence prior to the effective date specified in the CO’s written NTP.

(c) Failure to Obtain ATO / Government Remedies ATO Milestone Window: The Contractor shall obtain a signed ATO within the timeframe established in the task order.

Off-Ramp Rights: If the Contractor fails to obtain a signed ATO within the specified milestone window, or if the Senior Authorizing Official (SAO) or Authorizing Official (AZO) denies the ATO:

The Contracting Officer may decline to exercise any subsequent options;

The Contracting Officer may issue a Cure Notice or Terminate the contract for Cause/Default pursuant to based on the Contractor's failure to deliver acceptable security artifacts; or The Contracting Officer may Terminate the contract for Convenience pursuant if the failure is determined to be outside the Contractor's control.

3. In the event of contract expiration or termination due to failure to obtain an ATO, the Government’s maximum liability shall be limited to allowable, accepted costs incurred under the Phase 1 Onboarding CLIN.

(d) Post-ATO Continuous Monitoring and Revocation The Contractor shall maintain the security posture of the cloud system in accordance with NIST SP 800-137 continuous monitoring requirements throughout the life of the contract.

If the Senior Authorizing Official (SAO) or Authorizing Official (AZO) suspends or revokes the ATO due to unmitigated security vulnerabilities, major system changes, or a cybersecurity incident, the CO may issue a Stop-Work Order and suspend production until the ATO is formally reinstated.

H-3 Task Order Incremental Funding

Any task order that is incrementally funded will contain additional clauses and/or conditions to address the incremental funding such as clause 4-170.

H-4 Data Rights Supplement

1. Ownership of Custom Deliverables. Notwithstanding any provision to the contrary in Clause 6-60, the Judiciary shall own all right, title, and interest (including all intellectual property rights) in and to any custom code, scripts, application programming interfaces (APIs), configurations, workflows, or reports developed by the Contractor solely and exclusively for the Judiciary under this contract (collectively, the 'Custom Deliverables').

2. Exclusion of Base Platform. Custom Deliverables do not include, and the Judiciary explicitly disclaims any ownership interest in:

The Contractor's pre-existing software, base SaaS solution, platform architecture, or underlying source code.

General enhancements, bug fixes, or platform-wide updates developed by the Vendor during the performance of this contract that are deployed to the Vendor’s multi-tenant commercial user base.

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3. License Back to Contractor. To the extent that the Custom Deliverables are embedded within or require the operation of the Contractor’s base SaaS platform, the Judiciary hereby grants the Contractor a worldwide, perpetual, royalty-free, non-exclusive license to host, execute, display, and maintain the Custom Deliverables solely for the purpose of providing the SaaS services to the Judiciary during the term of this contract.

4. Portability and Delivery. Upon request or upon termination of the contract, the Contractor shall deliver the source code, technical documentation, and configurations of the Custom Deliverables to the Judiciary in a mutually agreeable, machine-readable format.

H-5 Artificial Intelligence Usage

(a) The use of Artificial Intelligence (AI) in the performance of any aspect of this contract must comply for the following:

Use of any AI system in the performance of this contract shall be disclosed to the CO and COR prior to use. If the acquisition is for an AI system or an element of the system shall use AI then disclosure in a quote or proposal in response to the solicitation shall meet this requirement. The disclosure shall include the following information:

The AI system(s) that is being used.

The specific judiciary data or information, if any, that is being input to the AI system(s) in performance of this contract.

Identification of any third parties with access to the judiciary’s information or data that will be used in the AI system.

Deliverables required under the contract that will be developed in whole or in part by the AI system.

Judiciary data may not be used in a non-government system without the prior approval of the CO and COR. Award of a contract based on prior disclosure in a quote or proposal submitted in response to solicitation that government data will be input into a non-government system will be considered approval by the CO and COR for purposes of this section.

Approval to use judiciary data in a non-government system does not allow the data to be used or moved outside of the territory of the United States. Any such use of judiciary data is not authorized unless expressly written into the contract.

Use of judiciary data or information to train AI models is not authorized unless otherwise expressly written into the contract.

Approved use of judiciary data or information in an AI system, whether by the Contractor or a third party, must be consistent with all other data rights or data usage sections or clauses in the contract.

If deliverables under the contract are being developed in whole or in part by AI and delivered to the judiciary by the contractor, the Contractor shall verify that the AI output provided in the deliverable has been verified and confirmed by the contractor to be free from errors, bias, and hallucinations, prior to submission to the Government.

(b) The following definitions apply to this clause:

1. The term 'Artificial Intelligence' or 'AI' includes the following:

Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.

An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.

An artificial system designed to think or act like a human, including cognitive architectures and neural networks.

A set of techniques, including machine learning, that is designed to approximate a cognitive task.

An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.

Products and services that include any of the above-mentioned systems or techniques or that are advertised as including 'AI' or 'Machine Learning' features, techniques, or capabilities.

2. 'Artificial Intelligence System' means an information system that utilizes artificial intelligence products or services in whole or in part.

3. 'Artificial Intelligence Output' means any item, data, or other information that is generated by an Artificial Intelligence System.

4. 'Judiciary data' means information created, collected, processed, maintained, disseminated, disclosed, or disposed of by or for the Federal Judiciary, in any medium or form.

5. 'Use' includes the lifecycle of data: input, process, maintain, store, and disposition.

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H-6 Generative A.I. Definitions

Definitions

1. Judiciary user means a user granted access to these generative AI services through their employment with an organization that is a party to, or rider on, the Contractor’s contract with the Administrative Office of the U.S. Courts.

2. Judiciary data means any information, document, media, or machine-readable material regardless of physical form or characteristics, that is created or obtained by the judiciary in use of a generative AI tool while conducting official judiciary business. This may include data from third parties (such as federal, state, or local governments), that is inputted by a judiciary user in the course of conducting judiciary business. Judiciary data includes: (1) data a judiciary user entered as a prompt in a generative AI tool; (2) data a judiciary user provided as content for generative AI services; or (3) output delivered by Contractor’s generative AI tool to a judiciary user. Judiciary data includes the metadata directly associated with judiciary data.

Judiciary-related data is a subset of judiciary data and means any information, document, media, or machine-readable material regardless of physical form or characteristics that is created or obtained by a Contractor through the storage, processing, or communication of judiciary data. This does not include Contractor’s business records e.g. financial records, legal records etc. or data such as operating procedures, software coding or algorithms that are not uniquely applied to the judiciary data 'Repackaged' Judiciary Data: means judiciary data that has been repackaged, restructured, reformatted, or otherwise altered for the purpose of performing the Contractor’s generative AI responsibilities under this contract.

User prompt is a subset of judiciary data that means an input by a user in the form of a query, statement, or instruction, intended to guide the generative artificial intelligence services in generating an output or completing a task using the AI functionality.

User content is a subset of judiciary data that means user content or documents uploaded or otherwise provided by a user to the generative AI services User output is a subset of judiciary data that means any text, information, or other content that the generative AI functionality generates in response to a user prompt and/or based on user content and is returned to the user.

Generative AI Service Provider ('GenAI Service Provider') means a third-party generative AI service provider that has entered into a separate contract with the Contractor to provide the Contractor with generative AI services.

Artificial Intelligence: The term 'Artificial Intelligence' or 'AI' is an umbrella term that encompasses generative AI, predictive AI, and agentic AI. AI is defined generally understood to be a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. The following are examples of AI:

Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.

An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.

An artificial system designed to think or act like a human, including cognitive architectures and neural networks.

A set of techniques, including machine learning, that is designed to approximate a cognitive task.

An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.

Products and services that include any of the above-mentioned systems or techniques or that are advertised as including 'AI' or 'Machine Learning' features, techniques, or capabilities.

Generative Artificial Intelligence (GenAI) is a subset of AI that means the creation of new content based on user inputs (prompts) and user data sets (uploads). GenAI is a class of AI models that emulate the structure and characteristics of input data in order to generate derived synthetic content. This can include images, videos, audio, text, and other digital content.

AI Agent Systems (or Agentic AI) are a subset of AI that means autonomous task execution and decision making based on predefined rules, roles, and guardrails. AI Agent systems have the capability for autonomous decision-making, and taking action to operate, with limited human supervision to achieve complex goals. AI agent systems consist of software that equips the model with tools to take a range of discretionary actions. These systems may be more expansive, containing multiple sub-agents with software that orchestrates their interactions.

3. Additional Order of Precedence: The terms of the judiciary contract take precedence over all other terms and conditions including attachments and supplements incorporated into the judiciary contract, as well as Contractor’s policies and terms of service (TOS). If there is any conflict between this contract and the Contractor’s license agreements, referred to as End User License Agreements (EULA), Terms of Service (TOS), or other similar legal instruments or agreements, DRAFT R

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USCA27R0009 - Page 12 of 48 this Contract shall prevail. This special contract requirement constitutes an amendment to the Contractor’s TOS; any language in the TOS indicating it may not be modified or that it alone is the entire agreement between the Parties is hereby deleted.

The requirements in this clause will automatically apply to future versions or revisions of the Contractor’s policies and terms of service.

These terms and conditions shall survive the expiration or termination of this contract.

H-7 Changes to Terms of Service

Changes to Terms of Service: Language in the Contractor’s TOS reserving the Contractor the right to change the terms of service without notice at any time is hereby amended to provide that material changes to the terms of service are inapplicable to the judiciary users unless agreed to by both parties in a bilaterally executed contract modification. Material changes include, without limitation:

(a) terms that change judiciary rights or obligations;

(b) terms that make previously free services paid or increase judiciary prices;

(c) terms that decrease overall level of service; and

(d) terms that limit any other judiciary rights addressed elsewhere in the terms of service.

Contractor will notify the contracting officer in writing at least fourteen days in advance of any proposed material change to the terms of service.

H-8 Required Disclosure

Required Disclosure of generative or agentic artificial intelligence: The Contractor shall promptly notify the Contracting Officer (CO) and Contracting Officer’s Representative (COR) once they become aware of the use or planned use of generative or agentic artificial intelligence in any product or service provided under this contract that has not been previously identified as using generative or agentic artificial intelligence as of the effective date of this contract.

Such notification shall be no later than 72 hours after the Contractor was made aware of the use or planned use of artificial intelligence.

The disclosure shall include (1) the AI system that is being used; (2) the specific government data or information that is being inputted to the AI systems in the performance of the contract; (3) identification of any third parties with access to the Government’s information or data that will be used in the AI system; and (4) deliverables required under the contract that will be developed in whole or in part by the AI system.

H-9 Security Confidentiality and Privacy Safeguards

Security, Confidentiality, and Privacy Safeguards of Judiciary Data Confidentiality: Judiciary prompts, content, and output, as well as search query and browsing history, constitute “confidential information.” To the extent the Contractor repackages judiciary data to obscure the data owner (defined above as repackaged judiciary data), the Contractor must continue to apply this confidentiality requirement.

Contractor access and use of confidential information is limited to service delivery and support, subject to need-to-know controls.

Confidential data may not be sold, rented, or shared by the Contractor without advance written notice and approval of the CO or COR.

Confidential data must not be disclosed in response to a valid subpoena without advance written notice and approval of the CO or COR.

Confidential data must not be disclosed pursuant to other lawful requests without advance written notice and approval of the CO or COR.

Confidential data may be disclosed to other Contractors under the same obligations of Confidentiality as this Contractor, only as necessary to perform the requirements of the contract.

Confidential data must be strictly private and confidential so that each judiciary user only sees its own search sessions, input, content, and output.

The Contractor must not permit any judiciary or non-judiciary user to see the input, content, and output of other judiciary or non-judiciary users.

The Contractor must not develop, train, or fine-tune any generative AI models with confidential data, even if the confidential data has been anonymized and/or aggregated.

The Contractor will process confidential data with their generative AI services solely for the purpose of delivering those generative AI services specified in this contract

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USCA27R0009 - Page 13 of 48

b. Privacy: The Contractor must not use de-identified, anonymized, or aggregated judiciary data or repackaged judiciary data to improve performance, functionality, and user experience absent a written request (containing a technical explanation) and prior written approval from the Contracting Officer.

c. Security: Contractor will, in good faith, exercise due diligence using generally accepted commercial business practices for information technology security to ensure that AI tools and GenAI services are operated and maintained in a secure manner, and that management, operational, and technical controls are employed to ensure security of these systems and data.

i. In addition to the security requirements contained in Attachment 1 - PWS Section 4.3, Contractor must provide the judiciary with the following AI-specific security artifacts:

At least once on an annual basis, and upon request by the COR: system security plans and updates and third-party audits of the system security At least once every three months, and upon request by the COR: continuous monitoring reports.

i. Judiciary users are subject to judiciary policies and rules of behavior that prohibit the upload of certain data in the Contractor’s generative AI services. Accordingly, the judiciary may request, and Contractor shall make commercially reasonable efforts to remove and provide to the Contracting Officer/Contracting Officer’s Representative any judiciary user-provided data that is stored by the Contractor which the judiciary may consider in contravention of judiciary policies and rules of behavior. Data may be provided in a common file or database format as Contractor deems appropriate.

ii. Contractor must delete any judiciary data, if requested by the CO or COR, that the judiciary deems a security or privacy risk and/or policy violation.

iii. Contractor must maintain AI functionality in a secure and supported state, including timely patches and updates.

Contractor will notify the judiciary of material security changes that affect behavior, security posture, or data handling.

iv. Contractor will maintain controls to reduce known risks of discriminatory, biased, or harmful outputs.

v. The Contractor’s artificial intelligence system (and the systems of all generative AI service providers) shall be based in the United States. Use of services that are located outside of the United States is prohibited.

vi. The Contractor’s artificial intelligence (and that of the generative AI service providers) shall not have been trained and is not currently being trained on data that was collected in violation of U.S. laws or policies.

H-10 Data Use, Retention and Disposition

Data Use, Retention and Disposition

Purpose limitation: The Contractor will retain judiciary data only for as long as necessary to fulfill the purposes outlined in the contract. Upon termination of the contract, or upon the judiciary’s written request, the Contractor will securely delete all judiciary data in its possession. Contractor will provide the judiciary, upon request and at contract end, an export of judiciary data and judiciary-related data in a usable format, and reasonable transition assistance, prior to deletion.

Use Restriction: Judiciary data shall not be used for purposes other than those stated in this contract. The Contractor shall only use judiciary data to the extent needed to provide the services identified in this contract. The Contractor shall have appropriate policies in place regarding the handling, access, and use of judiciary data.

H-11 Third-Party Contracts

Delivering generative AI services: The Contractor may engage third-party generative AI service providers to assist in delivering AI-based functionality within the service. Upon request, the Contractor will provide the contracting officer with a list of current third-party generative AI service providers receiving judiciary data (or “repackaged” judiciary data) and will notify the contracting officer in writing of any intended changes to this list in advance, giving the judiciary the opportunity to object or respond to such changes.

Data Flow Documentation: For each generative AI feature enabled, the Contractor will provide the contracting officer with a written summary describing: (a) what judiciary data is transmitted, processed, stored and logged (b) where it is processed (including all systems and third-party providers involved) (c) what is retained (prompts, uploads, outputs and logs) and for how long (d) how judiciary data is used by the AI tool; and (e) the list of generative AI service providers and subprocessors involved.

Flow of Requirements: The Contractor must ensure that any such generative AI service provider is bound by written agreements that require the service provider to comply with all requirements set forth in this contract. The Contractor shall require that all generative AI service providers access and use the data provided by the Contractor exclusively for the stated purposes of this contract. This includes, but is not limited to: (1) security, confidentiality, and privacy (2) data rights;

(3) data use, retention and disposition; (4) explainability (5) segregation (6) incident response reporting requirements to report all known or suspected incidents involving PII or SPII within one hour of discovery and all other incidents within eight hours of discovery, consistent with Clause 2-57; and (7) a prohibition on service providers developing, training, or

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USCA27R0009 - Page 14 of 48 fine tuning any generative AI models with judiciary data or repackaged judiciary data, even if aggregated, anonymized, and/or de-identified.

Data Retention: The Contractor must use a zero retention API when data is exchanged with its generative AI service providers. The Contractor shall not permit any third-party generative AI service providers to retain any judiciary data or repackaged judiciary data longer than necessary to generate and produce the output. The Contractor must ensure that the life cycle of judiciary data shared with generative AI service providers must be equal to the https request, for itself and its providers.

De-identification: Prior to disseminating judiciary data to a third-party service provider for the purpose of providing services under this contract, the Contractor must adequately de-identify the judiciary user, the user’s organization, and the input and content of the judiciary data itself.

H-12 Click Through Banner

Contractor will deploy a click through banner for all judiciary users who log on to Contractor websites and services. The click through banner will appear on all computers and mobile devices for all judiciary users. The click through banner will require the user to click 'ok' and agree to the language of the banner. The Contractor must use only the language provided by the judiciary in the banner.

The banner shall state the following: By clicking 'ok' to use these services, all users acknowledge they are subject to the Rules of Behavior for Generative AI and to their employing agency’s requirements regarding use of generative AI functionalities.

H-13 Explainability

Upon receiving a written request from the contracting officer, the Contractor must provide documentation, affidavits, and/or relevant materials explaining for a third-party audience how the Contractor’s generative AI tools generated output. The Contractor must identify information in these materials that is considered confidential or proprietary to the Contractor.

H-14 Data Segregation

Data Segregation A. Storage: Judiciary data must be logically separated in storage and processing from the data of all other clients of the Contractor, including other governmental entities.

B. Influence and Bias: The Contractor must institute adequate data segregation procedures, controls, and requirements to ensure that output for all judiciary users is free of bias or influence. This includes but is not limited to:

The Contractor is prohibited from using judiciary data to influence, retain, or train the Contractor’s generative AI models, tools, or platforms, as well as those of the Contractor’s service providers, even if judiciary data is anonymized, aggregated, and/or de-identified.

In the event the Contractor learns that judiciary data may be biasing or influencing the outputs for other judiciary or non-judiciary users, the Contractor must immediately (within 24 hours) notify the contracting officer in writing. The notification must include a description of the circumstances, and a timeline for developing a plan to correct the generative AI service.

The Contractor is prohibited from permitting data from executive or legislative branch users to influence output for any judiciary user.

The Contractor is prohibited from permitting data originating from any of Contractor’s other clients who may appear before the federal courts from influencing output for any judiciary user.

The Contractor is prohibited from using one judiciary user’s judiciary data in the creation of an output for any other user (within or external to the judiciary).

C. Private Database Restriction: The Contractor must not deploy generative AI services or functionalities to the judiciary’s private database. Should the judiciary wish to leverage generative AI capabilities on the data contained in the private database, the judiciary will negotiate appropriate terms and conditions with the Contractor for a bilateral modification.

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H-15 Future AI Product Offerings

a. Future AI Product Offerings: Any AI functionality, tool, or product released by the Contractor after the effective date of this contract shall not be made available to any judiciary user on either a trial or paid basis, either automatically or by request, until:

The CO requests a technical and price proposal from the Contractor;

Pricing and terms and conditions have been negotiated; and A bilateral contract modification has been executed.

2-20C Warranty of Services JAN 2003

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the judiciary by which the judiciary assumes for itself, or as an agent of another, approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the judiciary or any provision concerning the conclusiveness thereof, the contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The contracting officer will give written notice of any defect or nonconformance to the contractor __________________________________________________ [contracting officer will insert the specific period of time in which notice will be given to the contractor; e.g., "within 30 days from the date of acceptance by the judiciary"; "within 1000 hours of use by the judiciary"; or other specified event whose occurrence will terminate the period of notice, or combination of any applicable events or period of time.] This notice will state either

(1) that the contractor shall correct or re-perform any defective or nonconforming services; or

(2) that the judiciary does not require correction or re-performance.

(c) If the contractor is required to correct or re-perform, it shall be at no cost to the judiciary, and any services corrected or re-performed by the contractor shall be subject to this clause to the same extent as work initially performed. If the contractor fails or refuses to correct or re-perform, the contracting officer may, by contract or otherwise, correct or replace with similar services and charge to the contractor the cost occasioned to the judiciary thereby, or make an equitable adjustment in the contract price.

(d) If the judiciary does not require correction or re-performance, the contracting officer will make an equitable adjustment in the contract price.

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2-50 Continuity of Services JAN 2003

(a) The contractor recognizes that the services under this contract are vital to the judiciary and shall be continued without interruption and that, upon contract expiration, a successor, either the judiciary or another contractor, may continue them.

The contractor agrees to:

(1) furnish phase-in training, and

(2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The contractor shall, upon the contracting officer's written notice:

(1) furnish phase-in, phase-out services for up to 90 days after this contract expires, and

(2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and will be subject to the contracting officer's written approval. The contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency…