Solicitation.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings 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

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXT.

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

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

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. 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.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

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

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

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 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) 41 U.S.C. 253 (c)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV,. 9-97)

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

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

1 17

500 Pearl Street, Suite 820 New York, N.Y. 10007United States District Court

Southern District of New York - Office of the District Court Executive

USDCSDNY-1401-CTRM

04:30PM

James Puskuldjian page 4

3, 4 4-6 17

11-16

6-8

09/19/2014

212 8050503

09/05/2014

8-10

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Section B – Supplies or Services and Prices/Costs

Clin No Supplies or Services Cost 0001 Supply and install window treatments for twenty-one courtrooms of the historic Thurgood Marshall Federal Courthouse

Section C – Description/Specifications/Statement of Work

C.1 Purpose and Background

The United States District Court for the Southern District of New York seeks to award a contract to supply and install window treatments for twenty-one courtrooms of the historic Thurgood Marshall Federal Courthouse in lower Manhattan. Goshow Architects has provided the U.S. District Court with a complete design and construction document package, including all necessary drawings and specifications, outlining the requested work in its entirety. This package, as attached, serves as the main reference for this bid proposal.

Proposals are due for submittal no later than Friday September 19, 2014, 4:30 pm, ET.

An optional site visit will be held on Friday September 12, 2014, 11:00 am, ET at the following address:

Thurgood Marshall U.S. Federal Courthouse 40 Centre Street, Courtroom 444 New York, NY 10007

Note, site visit will be for reference only. All questions regarding the solicitation are due in written form, no later than September 15, 2014, 11:00 am, ET, and are to be directed to the contracting officer listed in the posting. The section/sheet number to which the question applies should also be included.

C.2 Scope of Work

Refer to Attachment 1.

In addition to the scope of work, the awarded contractor will be required to submit a detailed installation schedule, including all submittals and mock-ups, within thirty (30) days of contract award date.

C.3 Type of Contract

This is an open-market firm-fixed price contract.

C.4 Ordering

Upon the selection on an acceptable offer, an award shall be issued by the contracting officer.

Section D – Packaging and Marking

Not applicable

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Section E – Inspection and Acceptance

Refer to Attachment 1

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

Clause Title Date 7-1 Inspection of Services APR 2013

5-10 Inspection of Professional Services SEP 2010

Section F – Deliveries or Performance

F.1 Term of Agreement

The completion of the projects detailed in Attachment 1 is to be completed within six (6) months of the start date of this contract agreement.

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

Clause Title Date 2-60 Stop-Work Order APR 2013

Clause 2-90C, Option to Extend Services

Option to Extend Services (APR 2013)

The judiciary may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The contracting officer may exercise the option by written notice to the contractor no later than thirty (30) calendar days prior to the contract's current expiration date

Section G – Contract Administration Data

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

Clause Title Date 3-300 Registration in the System for Award Management (SAM) APR 2013

7-1 Contract Administration JAN 2003

7-5 Contracting Officer’s Representative APR 2013

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7-10 Contractor Representative JAN 2003

7-125 Invoices APR 2011

7-10 Contracting Representative:

The contracting representative for this Agreement is:

James Puskuldjian Daniel Patrick Moynihan United States Courthouse, Suite 820 500 Pearl Street New York, NY 10007 James_Puskuldjian@nysd.uscourts.gov

7-5 Contracting Officer’s Technical Representation:

The contracting officer’s technical representative for this agreement is:

Jason Smith Daniel Patrick Moynihan United States Courthouse, Suite 820 500 Pearl Street New York, NY 10007 Jason_Smith@nysd.uscourts.gov

Section H – Special Agreement Requirements Clause 1-1, Employment by the Government

(a) The contractor covenants that throughout the term of this contract no contractor employee who performs services under this contract will be an officer or employee of the government of the United States.

(b) If the contractor be an individual, the contractor covenants that throughout the term of this contract the individual will not be or become an officer or employee of the government of the United States. If during the term of contract the contractor intends to become an officer or employee of the government, the contractor shall advise the contracting officer in writing of such intentions so appropriate measures may be taken.

(c) If the contractor be other than an individual, the contractor covenants that throughout the term of this contract no partner, principal, officer, stockholder, or other person having a financial interest in the contractor or the ability to control the contractor, directly or indirectly, will be or become an officer or employee of the government of the United States. The status of a stockholder as an officer or employee of the government of the United States will not constitute a violation of this subsection if the stock of the contractor is traded publicly over the counter or on a regional or national stock exchange.

(d) For purposes of subsection (c), a business or partnership interest or stock owned by a spouse, child, or parent of an officer or employee of the government of the United States shall be deemed to be owned by such officer or employee.

(e) The violation of any subsection of this section will constitute a material breach for which the judiciary may seek any and all remedies under the contract, including terminations.

mailto:Jim_Griffenkranz@nysd.uscourts.gov

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Clause 7-20, Security Requirements

(a) Definitions. As used in this clause:

"Access" means physical entry into, and to the extent authorized, mobility within, a judiciary facility.

"Contractor employee" means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the contractor is associated. It also includes consultants engaged by any of those entities.

"Facility" and "judiciary facility" mean buildings, including areas within buildings, owned, leased, shared, occupied, or otherwise controlled by the judiciary.

"Judiciary IT resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(b) Requirements.

Contractor employees working on this contract must complete such forms as may be necessary for security purposes or other reasons. Completed forms shall be submitted as directed by the Contracting Officer's Representative (COR). Depending upon the level of access required to judiciary facilities or IT resources for performance of the work, contractor employees may be subject to any of the following types of security checks:

Fingerprint Check Credit Check National Agency Check with Inquires (NACI) National Agency Check with Inquiries and Credit (NACIC) National Agency Check with Law and Credit (NACLC) Single Scope Background Investigation (SSBI) Single Scope Background Investigation – Periodic Reinvestigation (SSBI-PR) Public Trust Special Background Investigation (PTSBI) Citizenship and Immigration Services (CIS) Check

Contractor employees visiting court sites to provide support covered under this contract may be subjected to additional FBI screening and U.S. Marshal inspection.

(c) Exemption.

Affected contractor employees who have had a Federal background investigation without a subsequent break in Federal employment or Federal contract service exceeding two (2) years may be exempt from the investigation requirements of this clause subject to verification of the previous investigation. For each such employee, the contractor shall submit the following information: employee's full name, Social Security Number, and place and date of birth.

(d) Facility Access Cards (FAC).

The contractor shall be responsible for all Facility Access Cards or other judiciary identification cards issued to the contractor's employees and shall immediately notify the COR if any Facility Access Card(s) cannot be accounted for. The contractor shall notify the COR immediately whenever any contractor employee no longer has a need for his/her judiciary-issued FAC (e.g., employee terminates employment with the contractor, employee's duties no longer require access to judiciary facilities). The COR will instruct the contractor as to how to return the FAC. Upon expiration of this contract, the COR will instruct the contractor as to how to return all judiciary-issued FACs not previously returned. The contractor shall not return FACs to any person other than the individual(s) named by the COR.

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(e) Control of access.

The judiciary shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to judiciary facilities and IT resources. The COR will notify the contractor immediately when the judiciary has determined that an employee is unsuitable or unfit to be permitted access to a judiciary facility following the completion of any of the security checks/investigations listed in (b) above, or as a result of new information obtained at any time during the contractor's performance.

The contractor shall immediately notify such employee that he/she no longer has access to any judiciary facility and/or judiciary IT resources, remove the employee from any such facility that he/she may be in, and provide a suitable replacement who must comply with the requirements of this and other applicable clauses. In addition, the contracting officer may require the contractor to prohibit individuals from access to judiciary facilities or IT resources if the judiciary deems their initial or continued access contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(f) The contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may be required to have routine physical access to a judiciary facility or routine access to a judiciary IT resource.

(g) The judiciary reserves the right to refuse to grant facility access for any contractor employee who has been convicted of a felony.

Section I – Contract Clauses Clause(s) Incorporated By Reference, see Clause B-5 Clause B-5, Clauses Incorporated by Reference

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 Title Date B-1 Solicitation Provisions Incorporated By Reference SEP 2010 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 2-15 Warranty Information JAN 2003 2-20B Contractor Warranty (Products) JAN 2010 2-20C Warranty of Services JAN 2003 2-25A Delivery Terms and Contractor’s Responsibilities JAN 2003 2-55 Privacy or Security Safeguards JAN 2003 2-60 Stop-Work Order JAN 2010 http://www.uscourts.gov/procurement.aspx

USDCSDNY-1401-CTRM Page 7 of 17

2-65 Key Personnel APR 2013 2-70 Site Visit JAN 2003 2-90C Option to Extend Services APR 2013 3-1 Contractor Use of Mandatory Sources of Products or Services JUN 2012 3-5 Taxpayer Identification and Other Offeror Information APR 2011 3-20 Certification Regarding Debarment, Suspension, Proposed

Debarment, and Other Responsibility Matters

APR 2011

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

JUN 2014

3-30 Certificate of Independent Price Determination JAN 2003 3-35 Covenant Against Contingent Fees JAN 2003 3-40 Restrictions of 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 3-70 Determination of Responsibility JAN 2003 3-85 Explanation to Prospective Offerors AUG 2004 3-95 Preparation of Offers APR 2013 3-100 Instructions to Offerors APR 2013 3-105 Audit and Records – Negotiation APR 2011 3-120 Order of Precedence JAN 2003 3-130 Authorized Negotiators JAN 2003 3-140 Notice to the Judiciary of Labor Disputes JAN 2003 3-155 Walsh-Healey Public Contracts Act JUN 2012 3-160 Service Contract Act of 1965 JUN 2012 3-205 Protest after Award JAN 2003 3-210 Protests JUN 2014 6-20 Insurance-Work On or Within a Judiciary Facility APR 2011 6-25 Insurance-Liability to Third Persons APR 2013 7-15 Observance of Regulations/Standards of Conduct JAN 2003 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 7-40 Judiciary-Contractor Relationships JAN 2003 7-50 Parking APR 2013

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7-55 Contractor Use of Judiciary Networks JUN 2014 7-60 Judiciary Furnished Property or Services JAN 2003 7-65 Protection of Judiciary Buildings, Equipment, and Vegetation APR 2013 7-75 Subcontracts JAN 2003 7-80 Competition in Subcontracting JAN 2003 7-85 Examination of Records JAN 2003 7-100B Limitation of Liability (Services) JAN 2003 7-110 Bankruptcy JAN 2003 7-130 Interest (Prompt Payment) JAN 2003 7-185 Changes APR 2013 7-205 Payment for Judiciary Holidays APR 2013 7-210 Payment for Emergency Closures APR 2013 7-215 Notification of Ownership Changes APR 2013 7-220 Termination for Convenience of the Judiciary JAN 2003 7-230 Termination for Default – Fixed-Price Products and Services JAN 2003 7-235 Disputes JAN 2003

Section J – List of Attachments Attachment (1) Specifications/Scope of work

Section K – Representations, Certifications and Other Statements of Offerors or Respondents K.1 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

(a) The definitions and prohibitions contained in the clause 3-65 “Limitation on Payments to Influence

Certain Federal Transactions,” included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989:

(1) no federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of the judiciary, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement;

(2) if any funds other than federal appropriated funds (including profit or fee received under a covered federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of the judiciary, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in

USDCSDNY-1401-CTRM Page 9 of 17 connection with this solicitation, the offeror shall complete and submit, with its offer, a disclosure to the contracting officer; and

(3) he or she will include the language certifying this in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of the judiciary’s small purchase threshold shall certify and disclose accordingly.

(4) submission of this certification and disclosure is a prerequisite for making or entering into this license imposed by Section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure to be filed or amended by this provision, will be subject to a civil penalty of not less than $10,000, and not more than the judiciary’s small purchase threshold, for each such failure.

K.2 Taxpayer Identification

(a) Definitions

“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its federal income tax returns on a consolidated basis, and of which the offeror is a member.

“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) through (f) of this provision to comply with debt collection requirements of 3l U.S.C. 7701© and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A and 6050M, and implementing regulations issued by the IRS. If the resulting agreement 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 agreement.

(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 agreement 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;

[] 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;

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

[] other ______________.

(f) Common parent

[] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

Name and TIN of common parent Name __________________________

TIN ____________________

K.3 Certification Regarding Debarment, Suspension, Proposed Debarment, and other Responsibility Matters

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

i. The offeror and/or any of its principals:

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

(B) have___ have not___, within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, 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, 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; and

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) ‘Principals,” for the purposes of this certification, means officers; directors; owners; partners;

and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

(3) 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 Section 1001, Title 18, United States Code.

(b) The offeror shall provide immediate written notice to the contracting officer if, at any time prior to the agreement 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 shall not necessarily result in withholding of an award under this solicitation. However, the certification shall be considered in connection with a determination of the offerors responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the contracting officer may render the offeror non-responsible.

(d) Nothing contained in the foregoing shall 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 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 upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the judiciary, the contracting officer may terminate the agreement resulting from this solicitation for default.

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K.4 Authorized Representative

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 authorized representative).

Name: _____________________ Titles: _____________________ Telephone: _________________ Fax: _____________________ Email: _____________________

SECTION L – Instructions, Conditions, and Notices to Offerors L.1 Submission of Offers

(a) Offers and offer modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means):

(1) addressed to the office specified in the solicitation; and

(2) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

(b) Offerors using commercial carrier services shall ensure that the offer is addressed and marked on the outermost envelope or wrapper as prescribed in paragraphs (a)(l) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile offers, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Offers submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

L.2 Explanation to Prospective Offerors

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc. shall submit such questions in writing only to the contracting officer by the date contained within Section C.1 of this solicitation. Oral explanations or instructions given before the award of the license will not be binding. Any information given by the contracting officer to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is deemed by the contracting officer to be necessary in submitting offers or if, in the judgment of the contracting officer, the lack of it would be prejudicial to any other prospective offerors. The offeror is instructed specifically to contact only the contracting officer in connection with any aspect of this procurement prior to license award. Contact with any other judiciary official except the contracting officer, or without the contracting

USDCSDNY-1401-CTRM Page 12 of 17 officer’s express consent, concerning this solicitation may result in disqualification of the offeror from consideration for award.

L.3 Preparation of Offers

(a) Offerors are expected to examine the drawings, specifications, schedule and all provisions and instructions. Failure to do so will be at the offeror’s risk. Attendance at the scheduled site visit is optional.

(b) Each offeror shall furnish the information required by the solicitation. The offeror shall sign the offer and print or type its name on the offer and each continuation sheet on which it makes an entry. Erasures or other changes shall be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previous furnished to the purchasing office.

(c) For each item in the offer, the offeror shall:

(1) show the unit price/cost, including, unless otherwise specified, packaging, packing, and preservation; and

(2) enter the extended price/cost for the quantity of each item offered in the “amount” column of the schedule.

In case of discrepancy between a unit price/cost and an extended price/cost, the unit price/cost will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

(d) Offers for products or services other than those specified will not be considered unless authorized by the solicitation.

(e) Offerors shall state a definite time for delivery of products or for performance of services, unless otherwise specified in the solicitation.

(f) Time, if stated as a number of days, will include Saturdays, Sundays, and federal holidays.

L.4 Instruction to Offerors

(a) Definitions as used in this provision:

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the contracting officer’s discretion, result in the offeror being allowed to revise its offer.

In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Offer modification” is a change made to an offer before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Offer revision” is a change to an offer made after the solicitation closing date, at the request of or as allowed by a contracting officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period will include the next working day.

(b) Amendments to solicitations If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of offers

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, offers and modifications to offers shall be submitted in paper media in scaled envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

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Offerors using commercial carriers shall ensure that the offer is marked on the outermost wrapper with the information in paragraphs (c)(l)(i) and (c)(1)(ii) of this provision.

(2) The first page of the offer shall show:

(i) the solicitation number;

(ii) the name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the judiciary in connection with this solicitation; and

(v) name, title, and signature of person authorized to sign the offer. Offers signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of offers

(i) Offerors are responsible for submitting offers, and any modifications or revisions, so as to reach the judiciary office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated judiciary office on the date that offer or revision is due.

(ii) (A) Any offer, modification, or revision received at the judiciary office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the contracting officer determines it’s in the judiciary’s best interest, the contracting officer determines that accepting the late offer would not unduly delay the procurement, and:

(1) if it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the judiciary infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(2) there is acceptable evidence to establish that it was received at the judiciary installation designated for receipt of offers and was under the judiciary’s control prior to the time set for receipt of offers; or

(3) it is the only offer received.

(ii) (B) However, a late modification of an otherwise successful offer that makes its terms more favorable to the judiciary, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the judiciary installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of judiciary personnel.

(iv) If an emergency or unanticipated event interrupts normal judiciary processes so that offers cannot be received at the office designated for receipt of offers by the exact time specified in the solicitation, and urgent judiciary requirements preclude amendment of the solicitation, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal judiciary processes resume.

(v) Offers may he withdrawn by written notice received at any time before award. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the JP3 Provision, “Facsimile Offers”. Offers may be

USDCSDNY-1401-CTRM Page 14 of 17 withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the offer before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit offers in response to this solicitation in English and in U.S. dollars.

(6) Offerors may submit modifications to their offers at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised offers only if requested or allowed by the contracting officer.

(8) Offers may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the contracting officer.

(d) Offer expiration date Offers in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data Offerors that include in their offers data that they do not want disclosed to the public for any purpose, or used by the judiciary except for evaluation purposes, shall:

(1) mark the title page with the following legend:

This offer includes data that shall not be disclosed outside the judiciary and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this offer. If, however, a license is awarded to this offeror as a result of-or in connection with-the submission of this data, the judiciary shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting license. This restriction does not limit the judiciary’s nght to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or oilier identification of sheets]; and

(2) mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this offer.

L.5 Acknowledgement of Solicitation Amendments

(a) Offerors shall acknowledge receipt of any amendment to this solicitation by:

(1) signing and returning the amendment;

(2) Identifying the amendment number and date in the space provided for this purpose on the solicitation form; or

(3) letter or telegram.

(b) Acknowledgments of amendments are subject to the Late Submissions, Modifications and

Withdrawals of Offers provision contain in Section L.5 of the solicitation. Offers lacking acknowledgment of an amendment affecting price, quantity, quality, or delivery may be rejected.

L.6 Judiciary Furnished Property or Services

No property or services will be furnished by the judiciary unless specifically provided for in the solicitation.

L.7 Inquiries

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All questions pertaining to this solicitation shall be submitted in writing to the Contracting Officer.

Questions should be received by the Contracting Officer NO LATER THAN TEN CALENDAR DAYS from date of issuance of the solicitation document.

L.8 Proposal Due date

Proposals in response to this solicitation are due by:

Date: September 19, 2014

Time: 4:30 p.m. (Eastern Time)

At the following location:

Daniel Patrick Moynihan

United States Courthouse, Suite 820 Attn: James Puskuldjian 500 Pearl Street New York New York, NY 10007

E-Mailed proposals are not permitted.

L.9 Solicitation Questions

All questions relating to the solicitation are to be e-mailed to:

James_Puskuldjian@nysd.uscourts.gov

Telephoned questions or inquiries will not be accepted.

L.10 Format and Instructions for Submitting Proposals

The Offeror’s proposal shall provide all of the information requested below. Offerors are required to identify any teaming or subcontracting agreements to provide any products or services specified in the solicitation.

The Offeror shall furnish an original and 4 copies of the proposal

L.11.1 Proposal Content

Part I: Cover letter and signed Standard Form 33 - Blocks 13, 14, 15, 16, and 18 of Standard Form 33 are to be completed by the Offeror. Block 17 shall he signed to show that the Offeror has read and agrees to comply with all the conditions and instructions provided in the solicitation document. In the offeror’s cover letter, include any and all assumptions, conditions, or exceptions as they relate to the solicitation or proposal. If none are taken specify so. Include in this volume a copy of the letter detailing any and all assumptions, conditions, or exceptions taken to the solicitation or proposal. If none are taken, specify so.

Part 2: Brief description of offeror.

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Part 3.1: A firm-fixed price to perform all work specified in Section C of the solicitation. Offeror shall insert proposed firm-fixed price in Section B of this solicitation. Proposed price must be whole dollars and cents.

Part 3.2 Completed Solicitation Section K

Part 4: Offeror shall address part C.2, Specifications, Work Statement, and describe how they propose to satisfy those requirements.

Part 5: Past Experience - The Offeror’s experience providing similar services as those identified in the statement of work. The offeror shall provide descriptions of three previous or current projects/contracts performed within five years of proposal submission. The offeror shall demonstrate that these projects/contracts were/are for similar services described in this Statement of Work. The following information shall be submitted for each previous or current project:

I. Name of project;

II. Contract Number/Project Number;

III. Name, addresses, and phone number of customer;

IV. Awarded price/cost and final price/cost;

V. Offerors role (prime contractor, subcontractor);

VI. Percentage of work completed in contractor’s role;

VII. Original delivery schedule and final, or projected final, delivery schedule;

VIII. Any significant issues or problems that arose during the performance of the contract and an explanation of your company’s solution to each;

IX. Detailed description of work, service performed.

Project/contract information to be evaluated for past experience. A current project shall have been ongoing for a minimum of six (6) months as of the date of proposal submission.

It is the Offeror’s responsibility to provide accurate and complete past experience information. In addition to the data provided by the Offeror, independent data obtained by the Judiciary may also be used to evaluate past performance. This may include information available through Dun & Bradstreet or other sources.

L.12 Proposal Costs

Proposal costs will not be reimbursed by the judiciary.

L.13 Protest

It is the position of the Administrative Office of the US Courts that under the Comptroller General’s jurisdictional holding in Maritime Global Bank Group, B-272552 (August 13, 1996), that there is no protest jurisdiction for this solicitation.

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Section M – Evaluation and Award

M.l Proposal Evaluation

The expectation of the Judiciary is to issue an award based upon receipt of a technically acceptable/lowest price offer.

M.1.1 Technical and Price Evaluation

The proposal will be evaluated for acceptance based upon:

1. Offeror meeting all requirements set forth in the full solicitation.

2. Understanding and approach to satisfying the requirements of Section C, Description, Specifications, Work Statement. The offeror’s proposal will be evaluated and an assessment made by the judiciary of how well the proposed approach satisfies the requirements of the work statement.

3. Determination of the lowest technically acceptable fair and reasonable price offering.

Offers that are unrealistically high or low in price will be considered indicative of a lack of understanding of the requirements of the agreement. Offers that contain unrealistic or unreasonable prices will not be considered for award.

M.2 Award Selection The judiciary intends to award one contract resulting from this solicitation. Award will be issued upon execution of the award document by both parties.