D. USDCPR-26731 CLAUSES.pdf

RFQ USDCPR-250930 Page 1

US DISTRICT COURT PUERTO RICO

INFORMATION AND CLAUSES TO VENDORS PARTICIPATING IN

OPEN MARKET RFQ USDCPR-250930

SECTION A – PACKAGING AND MARKING

The Supplier shall provide such packaging of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in this Contract. The packaging shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit. Packaging case size and weights shall take into consideration, where appropriate, the Goods’ final destination and the absence of heavy handling facilities at all points in transit. The packaging, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified below, and in any subsequent instructions ordered by the Procuring Entity.

A.1 CLAUSES INCORPORATED BY REFERENCE

This Section incorporates the following clauses by reference (see Clause B-5, Clauses

Incorporated by Reference, in Section I for further information about clauses incorporated by reference):

CLAUSE NUMBER TITLE DATE

2-45 Packing and Marking AUG 2004

A.2 PAYMENT OF POSTAGE AND FEES

All postage and fees required for the submission of deliverables, return of government resources, property, and items, and/or otherwise required for the performance and completion of the contract shall be paid by the contractor.

SECTION B – INSPECTION AND ACCEPTANCE

B.1 CLAUSES INCORPORATED BY REFERENCE

This section incorporates the following clauses by reference (see Clause B-5, Clauses

Incorporated by Reference, in Section I for further information about clauses incorporated by reference):

CLAUSE NUMBER TITLE DATE

2-5A Inspection of Products APR 2013

2-5B Inspection of Services APR 2013

2-10 Responsibility for Products JAN 2010

B.2 ACCEPTANCE CRITERIA

RFQ USDCPR-250930 Page 2

Products and/or services submitted in relation to this contract must submitted and will be inspected and accepted in accordance with the instruction given in the statement of work above in section C.

SECTION C – DELIVERIES AND PERFORMANCE

C.1 CLAUSES INCORPORATED BY REFERENCE

This section incorporates the following clauses by reference (see Clause B-5, Clauses

Incorporated by Reference, in Section I for further information about clauses incorporated by reference):

CLAUSE NUMBER

TITLE DATE

2-25A Delivery Terms and Contractor’s

Responsibilities

JAN 2003

2-30A Time of Delivery APR 2013 2-35 F.O.B. Destination, Within Judiciary’s

Premises

JAN 2003

2-60 Stop-Work Order JAN 2010 7-200 Judiciary Delay of Work JAN 2003

C.2 STORAGE, AND HANDLING OF INFORMATION AND EQUIPMENT

F.2.1 The contractor is required to control handling of information and equipment as detailed above in section C.

C.3 SECURITY REQUIREMENTS AND ACCESS TO SITE

F.3.1 Within five (5) business days after award, the contractor shall submit to the Court, for the purpose of background checks and preparation of identification cards, certain information regarding each employee who will be assigned to work at the Courthouse. This information shall include full legal name, date of birth, place of birth, current address, and social security number.

All personnel working on delivery and installation of audio visual equipment will be required to undergo and clear HSPD-12 background check.

F.3.2 The worksite at 300 Calle del Recinto Sur, shall be available on a daily basis during the from 8:30 am to 5:00 p.m., Monday through Friday. Any noise emitting work that may impact the daily operations of the Courts will need to be scheduled after regular working hours.

C.4 DELIVERABLES AND SCHEDULE

The contract must adhere to the deliverables and schedule described in the statement of work above in Section C.

SECTION D – CONTRACT ADMINISTRATION DATA

D.1 CLAUSES INCORPORATED BY REFERENCE

This Section incorporates the following clauses by reference (see Clause B-5, Clauses

Incorporated by Reference, in Section I for further information about clauses incorporated by reference):

CLAUSE NUMBER TITLE DATE

7-1 Contract Administration JAN 2003 7-5 Contracting Officer’s Representative APR 2013

RFQ USDCPR-250930 Page 3

7-125 Invoices APR 2011

D.2 CLAUSES INCLUDED IN FULL TEXT

CLAUSE 6-20, INSURANCE – WORK ON OR WITHIN JUDICIARY FACILITY

(APR 2011)

(a) The contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the following kinds and minimum amounts of insurance:

(1) Workman’s Compensation and Employee’s Liability Insurance

The contractor shall comply with applicable federal and state workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy.

Employer’s liability coverage of at least $100,000 per incident is required.

(2) Automobile Liability Insurance

The contractor shall have coverage at a minimum of $200,000 per person; $500,000 per occurrence for bodily injury; and $20,000 per occurrence for property damage.

(3) General Liability Insurance

The contractor shall have coverage at a minimum of $200,000 per person and $500,000 per occurrence for death or bodily injury and $20,000 per occurrence for property damage.

(4) Self-Insurance

If the contractor has been approved to provide a qualified program of self-insurance, the contractor must submit any proposed changes to the program to the contracting officer for approval.

(b) Prior to beginning performance under this contract, the contractor shall provide the insurance carrier certification of the above minimum amounts.

(c) The maintenance of insurance coverage as required by the clause is a continuing obligation, and the lapse or termination of insurance coverage without replacement coverage being obtained will be grounds for termination for default.

(d) The certification evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the judiciary’s interest shall not be effective:

(1) for such period as the laws of the state in which this contract is to be performed prescribe;

or

(2) until 30 days after the insurer or the contractor gives written notice to the contracting officer, whichever period is longer.

(e) The contractor shall insert the substance of this clause, including this paragraph (e), in subcontracts under this contract that require work in a judiciary facility and shall require subcontractors to provide and maintain the required insurance. The contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the contracting officer upon request.

CLAUSE 7-10, CONTRACTOR REPRESENTATIVE (JAN 2003)

RFQ USDCPR-250930 Page 4

The contractor’s representative to be contacted for all contract administration matters is as follows

(Contractor completes the information):

1. Name:

2. Address:

3. Telephone:

4. E-mail:

5. Fax:

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.

RFQ USDCPR-250930 Page 5

SECTION E – SPECIAL CONTRACT REQUIREMENTS

E.1 CLAUSES INCORPORATED BY REFERENCE

This Section incorporates the following clauses by reference (see Clause B-5, Clauses

Incorporated by Reference, in Section I for further information about clauses incorporated by reference):

CLAUSE NUMBER TITLE DATE

1-1 Employment by the Government JAN 2003 7-55 Contractor Use of Judiciary Networks JUN 2014

E.2 CLAUSES INCLUDED IN FULL TEXT

CLAUSE 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 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 CO, and no substitutions of such personnel shall be made without the advance written approval of the

CO.

(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 CO, 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) workdays after the event, notify the CO in writing of such unavailability. If the event happens after award, the CO 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 CO will promptly inform the contractor of this determination. If the CO 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 CO and the contractor. Within (15) work days following the event, if the

CO specifies that a permanent substitute is required, the contractor shall submit, in writing, for the CO’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.

RFQ USDCPR-250930 Page 6

(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 (10) 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 CO 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:

Project Manager: ___________________________

SECTION F – CONTRACT CLAUSES

F.1 CLAUSES INCORPORATED BY REFERENCE

This Section incorporates the following clauses by reference (see Clause B-5, Clauses

Incorporated by Reference, included in full text at I.2 below for further information about clauses incorporated by reference):

CLAUSE NUMBE TITLE DATE

1-5 Conflict of Interest AUG 2004

1-10 Gratuities or Gifts JAN 2010

1-15 Disclosure of Contractor Information to the

Public

AUG 2004

2-20A Incorporation of Warranty JAN 2003

2-20B Contractor Warranty (Products) JAN 2010

RFQ USDCPR-250930 Page 7

2-95 Material Requirements JAN 2003

2-115 Terms for Commercial Advance Payment of

Purchases

APR 2013

2-125 Security for Advance Payment APR 2013

2-130 Energy Efficiency in Energy Consuming

Products

APR 2013

3-25 Protecting the Judiciary’s Interest When

Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment

JUN 2014

3-35 Covenant Against Contingent Fees JAN 2003

3-40 Restrictions on Subcontractor Sales to the

Government

JUN 2014

3-45 Anti-Kickback Procedures JUN 2012

3-50 Cancellation, Rescission and Recovery of

Funds for Illegal or

Improper Activity

JUN 2012

3-55 Price or Fee Adjustment for Illegal or

Improper Activity

JUN 2012

3-105 Audit and Records – Negotiations APR 2011

3-120 Order of Precedence JAN 2003

3-140 Notice to the Judiciary of Labor Disputes JAN 2003

3-160 Service Contract Act of 1965 JUN 2012

3-180 Fair Labor Standards Acts and Service

Contract Act – Price Adjustment

APR 2011

3-205 Protest After Award JAN 2003

7-15 Observance of Regulations/Standards of

Conduct

JAN 2003

7-20 Security Requirements APR 22013

7-25 Indemnification AUG 2004

7-30 Public Use of the Name of the Federal

Judiciary

JUN 2014

7-35 Disclosure or Use of Information APR 2013

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

APR 2013

7-85 Examination of Records JAN 2003

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

7‐100B

Limitation of Liability (Services) JAN 2003

7-110 Bankruptcy JAN 2003

7‐130

Interest (Prompt Payment) JAN 2003

7-135 Payments APR 2013

7‐140

Discounts for Prompt Payment JAN 2003

7-150 Extras JAN 2003

7‐185

Changes APR 2013

7-210 Payment for Emergency Closures APR 2013

RFQ USDCPR-250930 Page 8

7‐215

Notification of Ownership Changes JAN 2003

7-220 Termination for Convenience of the

Judiciary (Fixed Price)

JAN 2003

7-230 Termination for Default (Fixed Price –

Products and Services)

JAN 2003

7-235 Disputes JAN 2003

F-2 CLAUSES INCLUDED IN FULL TEXT

CLAUSE B-5, CLAUSES INCORPORATED BY REFERENCE (SEP 2010)

This contract 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.

CLAUSE 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 within 30 days from the date of acceptance by the judiciary.

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.

CLAUSE 2-90B, OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED

LINE ITEM (APR 2013)

The judiciary may require the delivery of the numbered line item, identified as an option item, in the quantity and at the price stated in the line item. The contracting officer may exercise the option by written notice to the contractor within at the time of contract award. Delivery of added http://www.uscourts.gov/procurement.aspx

RFQ USDCPR-250930 Page 9 items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

SECTION G - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

G.1 PROVISIONS INCORPORATED BY REFERENCE

This Section incorporates the following provisions by reference (see Clause B-1, Solicitation

Provisions Incorporated by Reference, included in full text in Section L below, for further information about provisions incorporated by reference):

PROVISION

NUMBER

TITLE DATE

3-15 Place of Performance JAN 2003

G.2 PROVISIONS INCLUDED IN FULL TEXT

PROVISION 3-5, TAXPAYER IDENTIFICATION AND OTHER OFFEROR

INFORMATION (APR 2011) (contractor completes the information):

(a) Definitions.

"Taxpayer Identification (TIN)," as used in this provision, means the number required by the

Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a social security number or an employer identification number.

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

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

(d) Taxpayer Identification Number (TIN): ______________________________

[ ] TIN has been applied for.

[ ] TIN is not required, because:

[ ] Offeror is a nonresident alien, foreign corporation or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United

States and does not have an office or place of business or a fiscal paying agent in the

United States;

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

RFQ USDCPR-250930 Page 10

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

(e) Type of Organization:

[] sole proprietorship;

[ ] partnership;

[ ] corporate entity (not tax-exempt);

[ ] corporate entity (tax-exempt);

[ ] government entity (federal, state or local);

[ ] foreign government;

[ ] international organization per 26 CFR 1.6049-4;

[ ] other

(f) Contractor representations.

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

[ ] Women Owned Business

[ ] Minority Owned Business (if selected then one sub-type is required)[]Black American

Owned

[ ] Hispanic American Owned

[ ] Native American Owned (American Indians, Eskimos, Aleuts, or Native Hawaiians)

[ ] Asian-Pacific American Owned (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of

Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)

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

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

PROVISION 3-20, CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (APR 2011)

(contractor completes the information):

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

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

RFQ USDCPR-250930 Page 11

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

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

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

(D) have ___, have not ___, within a three-year period preceding this offer, been notified of any delinquent federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

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

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

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain

RFQ USDCPR-250930 Page 12 the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C.

§6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

Bankruptcy Code).

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

(2) "Principal," for the purposes of this certification, means an officer; director; owner; partner or a person having primary management or supervisory responsibilities within a business entity

(e.g., general manager; plant manager; head of a division, or business segment, and similar positions).

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

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

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

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

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror

RFQ USDCPR-250930 Page 13 knowingly rendered an erroneous certification, in addition to other remedies available to the judiciary, the contracting officer may terminate the contract resulting from this solicitation for default.

PROVISION 3-30, CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

(JAN 2003)

(contractor completes the information):

(a) The offeror certifies that:

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

(A) those prices;

(B) the intention to submit an offer; or

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

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

and

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

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

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

(2)

(i) has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision

________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices in this offer, and the title of his or her position in the offeror's organization);

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

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

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

RFQ USDCPR-250930 Page 14

PROVISION 3-130, AUTHORIZED NEGOTIATORS (JAN 2003)

The offeror represents that the following persons are authorized to negotiate on its behalf with the judiciary in connection with this solicitation (offeror lists names, titles, and telephone numbers of the authorized negotiators). (Contractor completes the information):

Name: _________________________

Titles: _________________________

Telephone: _____________________

Fax: __________________________

E-mail: ________________________

RFQ USDCPR-250930 Page 15

SECTION H -INSTRUCTIONS, CONDITIONS, AND NOTICE TO OFFERORS

H.1 PROVISIONS INCORPORATED BY REFERENCE

This Section incorporates the following provisions by reference (see Provision B-1, Solicitation

Provisions Incorporated by Reference, included in full text below, for further information about provisions incorporated by reference.

PROVISION

NUMBER

TITLE DATE

2-15 Warranty Information JAN 2003 2-70 Site Visit JAN 2003 2-90C Option to Extend Services APR 2013 3-85 Explanation to Prospective Offerors AUG 2004 3-95 Preparation of Offers APR 2013 3-100 Instructions to Offerors APR 2013 3-210 Protests JUN 2014 7-60 Judiciary Furnished Property or Services JAN 2003

H.2 PROVISIONS INCORPORATED IN FULL TEXT

PROVISION B-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(SEP 2010)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

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

PROVISION 4-1, TYPE OF CONTRACT (JAN 2003)

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

H.3 SITE VISIT

An organized contractor site visit will be held on [DATE] at [TIME]. It is strongly recommended that prospective offerors participate in the organized site visit as individual site visits may not be possible. Please confirm your participation by contacting the Contracting

Officer’s Representative (COR), [NAME] [E-mail, phone].

You must contact the COR to schedule your site visit to the courtroom.

H.4 INQUIRIES

Clarifications, responses to questions and/or amendments to this solicitation will be available on the internet at www.fbo.gov. Questions about, or requests for clarification or correct of, the solicitation requirements must be submitted in writing (e-mail is acceptable) to the Contracting http://www.uscourts.gov/procurement.aspx

RFQ USDCPR-250930 Page 16

Officer at the address shown on the cover page of this solicitation no later than seen (7) days after issuance of the solicitation.

H.5 EXPENSES OF RESPONSE PREPARATION AND SUBMISSION

The Offeror is responsible for any and all expenses related to the preparation and submission of a response to this solicitation. The Court shall incur no obligation except pursuant to the execution of a contract by the Court and the successful Offeror (Contractor).

H.6 GENERAL INSTRUCTIONS FOR THE PREPARATION OF RESPONSES

This section provides general instructions on how to prepare and submit a response to this solicitation. The Offeror’s response shall provide all of the information requested below. A cover letter may accompany the response to set forth any additional information that the Offeror wishes to bring to the attention of the Court, including any assumptions, and/or conditions, upon which the Offeror’s proposal is based.

L.6.1 The Offeror shall submit a single response (e.g., offer) to this Solicitation. Multiple and/or alternate responses from the same Offeror will not be accepted.

L.6.2 The Offeror shall furnish one (1) original and two (2) copies of the response in paper, hard copy form. One (1) electronic copy of the response also shall be provided. The electronic copy shall be provided in Adobe Acrobat format with the Pricing Form and a CD or as an attachment to an e-mail to the contracting officer.

L.6.3 All responses must be in writing, signed by a representative of the Offeror who is authorized to submit an offer.

L.6.4 All responses must be delivered sealed and marked as specified herein. Failure to properly address the outside of the response envelope could cause an offer to be misdirected.

H.7 CONTENT OF PROPOSALS

The proposal must contain the following:

L.7.1 Signature Page. Section A (SF33) with Blocks 17 and 18 signed and dated to show that the Offeror has read, understands, accepts, and agrees to comply with all the conditions and instructions provided in the solicitation document, including all requirements, specifications and provisions.

L.7.2 Price Proposal. Completed Section B. The firm fixed price offered shall be stated in

Section B. The offered price shall all inclusive, and no extra charges shall be payable by the

Court for any additional items or services, including without limitation, equipment, accessories, cables, connectors, interface units, and other related items, necessary for the contractor to provide a fully installed and operational audio video system, as described in this solicitation, ready for operation by the Court.

L.7.3 Clauses/Provisions requiring Fill-In by Offeror. Completed Clauses 7-10, Contractor Representative (in Section G), and 2-65, Key Personnel (in Section H), and all of

Section K with the offeror's responses supplied in applicable boxes or blanks.

L.7.4 Technical Proposal.

The Technical Proposal should consist of the information requested above in section C.

RFQ USDCPR-250930 Page 17

H.8 AWARD WITHOUT DISCUSSIONS

As stated in the judiciary provision 3-100, Instruction to Offerors, the judiciary intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer shall contain the offeror’s best terms from a price and technical standpoint.

However, the judiciary reserves the right to conduct discussions if the contracting officer later determines them to be necessary.

RFQ USDCPR-250930 Page 18

SECTION I- EVALUATION FACTORS FOR AWARD

I.1 PROVISIONS INCORPORATED BY REFERENCE

This Section incorporates the following provisions by reference (see Clause B-1, Solicitation

Provisions Incorporated by Reference, included in full text in Section L above, for further information about provisions incorporated by reference):

PROVISION

NUMBER

TITLE DATE

2-85C Evaluation of Options Exercised at Time of Contract

Award

JAN 2003

3-70 Determination of Responsibility JAN 2003

I.2 BASIS FOR AWARD

Lowest price technically acceptable will be used as the basis for selecting a proposal for award.

Award will be made to the responsible offeror whose proposal is technically acceptable and the lowest price. Proposals must conform to all required terms and conditions of this solicitation, include all required representations and certifications and meet all requirements set forth in this solicitation. Any finding of a deficiency, defined as an aspect of a proposal that fails to meet a minimum requirement, will cause an offer to be rated "Technically Unacceptable" and will therefore eliminate that offer from consideration for award.

I2.1. Factor 1 – Technical:

The Technical Approach to achieving the aforementioned statement of work above in section

C will be reviewed by the judiciary to evaluate each technical proposal as acceptable or unacceptable, based on the following criteria. Each proposal will be evaluated to determine if it adequately demonstrates that the offeror: is proposing services meeting the minimum technical requirements stated in the solicitation; is proposing delivery of products by the required delivery date(s); and is capable of providing in a timely manner the services as required by the solicitation.

I.2.3 Factor 2 – Price:

The existence of price competition is expected to support a determination of price reasonableness. Price analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of information in the proposals, the judiciary may request additional pricing information in order to determine that pricing is reasonable.

I.3 AWARD ON INITIAL PROPOSAL/DISCUSSIONS

As stated in judiciary provision 3-100, Instruction to Offerors, the judiciary intends to evaluate offers and award a contract without discussions with offerors. However, the judiciary reserves the right to conduct the discussions if the contracting officer later determines them to be necessary, or to make no award as a result of this solicitation. A technical evaluation shall be conducted on all proposals, after which the contracting officer shall decide whether to make award on initial proposals, make no award, or hold discussions. If the contracting officer decides to hold discussions, the contracting officer shall determine a competitive range and conduct fair

RFQ USDCPR-250930 Page 19 and equal discussions with each offeror in the competitive range. After completion of discussions, offerors shall be permitted to provide revised proposals by a common cut-off date.