Exact supporting passages
Each entry is an independently retained quotation with document version and exact character range within its extracted passage. Page numbers below are physical PDF pages. A quotation match verifies location, not whether the interpretation is complete. Originals may contain tables/images not reproduced in extracted text; inspect the retained document.
Passage 1
Test contractor dossier — historical 28 May 2024 scenario — line 18
Retained version: 5da17e72b3c6a3c02a864419; characters 0–388 in that extracted passage.
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Synthetic project ledger contains three completed commercial restroom renovations: PROJECT-A courthouse office restroom, completed 2021, $47000, 8 weeks; PROJECT-B professional office restroom, completed 2022, $52000, 9 weeks; PROJECT-C commercial office restroom, completed 2023, $49000, 8 weeks. These are invented test facts, not real project references or verified cost comparability.
Passage 2
Test contractor dossier — historical 28 May 2024 scenario — line 21
Retained version: 5da17e72b3c6a3c02a864419; characters 0–281 in that extracted passage.
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All three synthetic reference forms contain TEST client/contact labels, non-routable contact placeholders, scope/cost/duration and on-time completion statements. No real person or agency is represented as endorsing this bidder. Source-scope comparability remains reviewer judgment.
Passage 3
Test contractor dossier — historical 28 May 2024 scenario — line 129
Retained version: 5da17e72b3c6a3c02a864419; characters 0–191 in that extracted passage.
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Synthetic revised whole-job fixed price is $54000, includes labor/materials/security and Net 30 terms. Price is invented for testing and not a real cost estimate or assertion of lowest price.
Passage 4
RFQ20240401 — Amendment 1, 17 May 2024 — physical page 1
Retained version: c58e739cb11c5a75f7319526; characters 1103–1331 in that extracted passage.
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The scope of work to be completed by the contractor includes cabinetry, drywall work,
wallcovering, flooring, painting, and minor electrical and plumbing work. The adjoining office
space will be occupied during the renovation.
Passage 5
RFQ20240401 — original RFQ — physical page 1
Retained version: 72cdf95952f8245512d8cde9; characters 1830–2295 in that extracted passage.
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3. A t least three (3) references from similar construction projects that you have completed.
The projects shall be like this project in terms of scope, cost and completed in a
commercial setting. Include client name, contact name, phone number, and email address.
Describe the type of work completed, the project cost, the project duration, and whether
the project was completed on time. If the project was not completed on time, provide an
explanation for delays.
Passage 6
Test contractor dossier — historical 28 May 2024 scenario — line 24
Retained version: 5da17e72b3c6a3c02a864419; characters 0–158 in that extracted passage.
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Synthetic insurer-style test attestation records applicable prime EMR = 0.90 for the quotation period. It is artificial evidence and not issued by an insurer.
Passage 7
RFQ20240401 — original RFQ — physical page 2
Retained version: 72cdf95952f8245512d8cde9; characters 15–95 in that extracted passage.
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4. Evidence of a Contractor’s Experience Modification Rating (EMR) of 1 or less.
Passage 8
RFQ20240401 — Amendment 1, 17 May 2024 — physical page 1
Retained version: c58e739cb11c5a75f7319526; characters 5–2473 in that extracted passage.
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Page 1 of 22
Request for Quotation (RFQ)
THIS RFQ HAS BEEN AMENDED AS OF 17 MAY 2024
Amendment Date: 17 May 2024
RFQ number: 20240401
Quotes due no later than: Tuesday, 28 May 2024 at 4:00 PM CT. All questions pertaining
to this RFQ are due by 4:00 PM CT on Tuesday, 21 May 2024.
Provide quotes to: Stan Peters, Contracting Officer at stan_peters@ca11.uscourts.gov
The United States Court of Appeals for the Eleventh Circuit is requesting quotes for the services
described below:
STATEMENT OF WORK (SOW)
1.1 INTRODUCTION:
A private restroom inside an office suite on the ninth floor of the Hugo L. Black United States
Courthouse located in Birmingham, Alabama is worn from years of use and needs renovation.
1.2 OBJECTIVES:
Contractor shall repair, refinish, replace, and install items in the restroom as described below.
1.3 SCOPE:
The scope of work to be completed by the contractor includes cabinetry, drywall work,
wallcovering, flooring, painting, and minor electrical and plumbing work. The adjoining office
space will be occupied during the renovation.
1.4 SPECIAL REQUIREMENTS/INFORMATION:
Contractor shall provide the following information with quotation:
1. Evidence of a minimum of five (5) years’ experience. Subcontractors shall each have a
minimum of two (2) years’ experience in the construction subtrade of the work being
performed.
2. Proof of an active contractor’s license in Alabama, Florida, or Georgia. The contractor
shall, without additional expense to the Judiciary, be responsible for obtaining any
necessary licenses and permits, and for complying with any Federal, State, and municipal
laws, codes, and regulations applicable to the performance of the work. This requirement
also applies to subcontractors, such as electrical, that require active contractor’s license
for their applicable subtrade.
3. At least three (3) references from similar construction projects that you have completed.
The projects shall be like this project in terms of scope, cost and completed in a
commercial setting. Include client name, contact name, phone number, and email address.
Describe the type of work completed, the project cost, the project duration, and whether
Passage 9
RFQ20240401 — Amendment 1, 17 May 2024 — physical page 2
Retained version: c58e739cb11c5a75f7319526; characters 1–3144 in that extracted passage.
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Page 2 of 22
the project was completed on time. If the project was not completed on time, provide an
explanation for delays.
4. Evidence of a Contractor’s Experience Modification Rating (EMR) of 1 or less.
5. A current business credit report from Dun and Bradstreet, Experian, or Equifax. If
contractor is a sole proprietorship, partnership, or limited liability company (LLC), a
current personal credit report from Transunion, Experian, or Equifax for each principal
owner may be substituted for a business credit report.
2 REQUIREMENTS
2.1 Contractor shall repair, refinish, replace, and install items to renovate the restroom
as follows:
1. Participate in weekly meetings with the Contracting Officer’s Representative (COR) and
other team members, including a pre-construction meeting. Meetings will be held
virtually or in person at the discretion of the COR.
2. Field measure scope area to confirm exact dimensions.
3. Follow all security entrance requirements listed below.
4. Maintain a safe working environment.
5. Provide all materials, tools, and labor needed to complete the job.
6. Always wear proper personal protective equipment (PPE).
7. Minimize noise, fumes, dust, and disruption.
8. Provide negative air fan/air scrubber during any construction activities that create smells
or fumes.
9. Haul away from the building and discard all construction debris and trash.
10. Protect all surfaces along the pathway inside the building between the project area and
the exterior single leaf metal access door and ramp. This includes putting up elevator wall
protection provided by the building’s operations and maintenance staff (there is not a
freight elevator). Access to the working elevators must be shared and coordinated with
other contractors and occupants in the building.
11. Install a temporary barrier to isolate the adjacent office from the construction pathway.
a. The barrier shall be self-supporting and not require attachment to any existing finishes,
except for the ceiling grid. Contractor shall ensure that ceiling grid is not damaged, and
that no adhesive residue remains on any surface.
b. Install floor protection underneath the temporary barrier and along the construction
pathway.
c. The barrier shall have two perpendicular lengths approximately 18 feet long and 12
feet long.
d. Provide a zippered opening in the barrier to provide access to the rest of the office.
e. Install plastic sheathing over adjacent furniture and decorative items.
12. Items to be reused will be removed from the countertop and inside the cabinets by the
occupants. Discard any remaining items and attachments.
13. Remove existing material (demolition) after normal business hours. (The COR will
confirm the hours, which are expected to be after 5:00 PM CT until 9:00 PM, Monday
through Friday, and Saturday and Sunday from 9:00 AM to 5:00 PM). Refer to
Section 5 Security Requirements regarding escort requirements after hours.
14. Remove the existing laminate countertop, sink, backsplash, and cabinet.
15. Remove the existing linear fluorescent light and associated light niche.
Passage 10
RFQ20240401 — Amendment 1, 17 May 2024 — physical page 5
Retained version: c58e739cb11c5a75f7319526; characters 5–2672 in that extracted passage.
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Page 5 of 22
28. Install new toilet seat.
a. Install new soft close elongated closed-front toilet seat with lid.
b. Basis of design for toilet seat: Toto Guinevere Elongated Closed-Front Toilet Seat
and Lid with SoftClose Technology, Model SS224#01 in Cotton finish or equal as
approved by COR.
29. Replace the ceiling.
a. Protect the existing concealed head sprinkler head. Contractor shall have a licensed fire
protection subcontractor temporarily remove the cover and surrounding ceiling tile.
Once the new ceiling grid is installed, the licensed fire protection subcontractor shall
install the new ceiling tile around the sprinkler head and reinstall the cover.
b. Remove the existing ceiling tiles, grid, and light cove.
30. Install new ceiling grid and lay-in ceiling tile. Replace the existing exhaust vent.
a. Provide hanging support as needed for the new exhaust vent with light. Connect to the
existing venting system.
b. Basis of design for exhaust vent: Aero Pure AP 100H-RVL-WHITE 100 CFM 1.6
Sone Quiet Ceiling.
c. Basis of design for ceiling tile: Ledges decorative ceiling tile, Item 1205 by Kanopi
(Armstrong World Industries).
31. Provide and install all accessories. Confirm locations with COR before installation.
a. Mirror: Frameless, shaped beveled mirror accented by decorative corner elements
finished in heavily burnished antiqued silver; Andretta by Grace Feyock, 19” wide x
29” high (specialty item).
b. Toilet paper holder: Signature Hardware Provincetown, Model 446855 Wall
Mounted Pivoting Toilet Paper Holder in Brushed Nickel finish.
c. Towel bar: Signature Hardware Provincetown, Model 446850 24” Towel Bar in
Brushed Nickel finish.
d. Paper towel holder: Everly Quinn Metal Freestanding Paper Towel Holder in Silver
finish.
e. Door hinge pin door stop: Miseno MDS01SBMB Adjustable Solid Brass Hinge Pin
Door stop in Black finish.
32. All materials shall have a lead time of six (6) weeks or less.
33. Perform a final cleaning of the space and return all displaced items.
2.2 Samples
The finishes listed as basis of design have been coordinated with each other and previously
approved. Samples of all finishes shall be presented to a designated on-site reviewer and then
sent to the COR via overnight delivery for confirmation and approval. Any proposed “or
equal” substitutions shall be clearly noted on the quote sheet along with an explanation for
the substitution. These include:
1. Solid surface countertop
2. Tile flooring and grout
3. New cabinet (shop drawings and physical sample of finish)
4. New wallcovering
5. Ceiling grid layout drawing
6. New toilet seat (cut sheet)
Passage 11
Test contractor dossier — historical 28 May 2024 scenario — line 9
Retained version: 5da17e72b3c6a3c02a864419; characters 0–281 in that extracted passage.
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Synthetic team ledger identifies electrical firm TEST-E with 4 years, plumbing firm TEST-P with 3 years, and fire protection firm TEST-F with 5 years of applicable subtrade experience by 2024-05-28. Proposed subcontractors are distinct fictional entities; no real records verified.
Passage 12
Test contractor dossier — historical 28 May 2024 scenario — line 15
Retained version: 5da17e72b3c6a3c02a864419; characters 0–313 in that extracted passage.
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Synthetic applicable trade-license register lists active Alabama electrical, plumbing and fire-protection credentials for TEST-E/P/F at quotation and planned performance. Prime commits to obtain and pay for required project permits before covered work. Placeholder credential identifiers are not official numbers.
Passage 13
Test contractor dossier — historical 28 May 2024 scenario — line 48
Retained version: 5da17e72b3c6a3c02a864419; characters 0–182 in that extracted passage.
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Finish subcontract commitment requires substrate repair and at least Level 3 drywall finish at applicable surfaces before finish installation; inspection hold point before coverings.
Passage 14
Test contractor dossier — historical 28 May 2024 scenario — line 57
Retained version: 5da17e72b3c6a3c02a864419; characters 0–273 in that extracted passage.
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Cabinet vendor commits to AWI custom-grade construction, required joinery/soft-close/finish/door-drawer layout and offsite fabrication. Dimensioned plans/elevations are prepared in week 1 and submitted for COR approval before ordering/fabrication. Approval is not presumed.
Passage 15
RFQ20240401 — original RFQ — physical page 1
Retained version: 72cdf95952f8245512d8cde9; characters 1222–1349 in that extracted passage.
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Subcontractors shall each have a
minimum of two (2) years’ experience in the construction subtrade of the work being
performed.
Passage 16
Test contractor dossier — historical 28 May 2024 scenario — line 177
Retained version: 5da17e72b3c6a3c02a864419; characters 0–218 in that extracted passage.
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Synthetic conflict register records no known actual/potential organizational conflict; ongoing disclosure and CO mitigation process accepted. This is artificial self-report, not professional independence certification.
Passage 17
Test contractor dossier — historical 28 May 2024 scenario — line 180
Retained version: 5da17e72b3c6a3c02a864419; characters 0–170 in that extracted passage.
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Synthetic personnel register has no government employee assigned to contract services and covenants against prohibited employment/interests, subject to source exceptions.
Passage 18
Judiciary clauses — retained 2021 reference — physical page 62
Retained version: aa06e7d34e15d8e9f1830584; characters 668–907 in that extracted passage.
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(a) The contractor specifically agrees that there is no conflict of interest arising from
the services to be provided under this agreement. The contractor further agrees
that no employee, principal, or affiliate is in any such conflict.
Passage 19
Judiciary clauses — retained 2021 reference — physical page 61
Retained version: aa06e7d34e15d8e9f1830584; characters 1787–2422 in that extracted passage.
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(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.
Passage 20
RFQ20240401 — Amendment 1, 17 May 2024 — physical page 3
Retained version: c58e739cb11c5a75f7319526; characters 2718–2862 in that extracted passage.
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The new cabinet shall be Architectural Woodwork Institute (AWI)
custom grade, including dovetail joinery and soft close hinges and door slides.
Passage 21
RFQ20240401 — original RFQ — physical page 6
Retained version: 72cdf95952f8245512d8cde9; characters 1127–1255 in that extracted passage.
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Product Data (samples
and cutsheets), shop
drawings
Submitted before materials are ordered and meets Section 2
requirements.
Passage 22
RFQ20240401 — original RFQ — physical page 25
Retained version: 72cdf95952f8245512d8cde9; characters 928–1683 in that extracted passage.
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|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.20 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2024. |
Passage 23
RFQ20240401 — original RFQ — physical page 28
Retained version: 72cdf95952f8245512d8cde9; characters 1130–1553 in that extracted passage.
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Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Passage 24
Judiciary clauses — retained 2021 reference — physical page 106
Retained version: aa06e7d34e15d8e9f1830584; characters 0–2253 in that extracted passage.
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Guide to Judiciary Policy, Vol. 14, Appx. 1B Page 1-4
(c) Clause 3-160, Service Contract Labor Standards (MAR 2019)
(Applies to any purchase order over $2,500, the principal purpose
of which is to furnish services through the use of service employees
for work to be performed in the United States, Puerto Rico, Guam,
or the U.S. Virgin Islands, except where Clause 3-215, Exemption
from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain
Equipment – Requirements, or Clause 3-225, Exemption from
Application of the Service Contract Labor Standards to Contracts
for Certain Services – Requirements apply. See (7)(g) and (7)(h)
below.)
(d) Clause 7-40, Judiciary-Contractor Relationship (JAN 2003) (Applies
to services when not involving judiciary information technology
funds.)
(e) Clause 7-65, Protection of Judiciary Buildings, Equipment and
Vegetation (APR 2013) (Applies when services are performed at a
judiciary building.)
(f) Clause 7-205, Payment for Judiciary Holidays (APR 2013) (Applies
to time-and-materials or labor-hour contracts.)
(g) Clause 3-215, Exemption from Application of the Service Contract
Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment – Requirements (MAR 2019) (Applies
if the request for quotation included Provision 3-195 and the
contractor certified its compliance with the conditions stated in the
provision.)
(h) Clause 3-225, Exemption from Application of the Service Contract
Labor Standards to Contracts for Certain Services – Requirements
(MAR 2019) (Applies if the request for quotation included Provision
3-220 and the contractor certified its compliance with the conditions
stated in the provision.)
(d) Inspection/Acceptance
The contractor shall tender for acceptance only those products and/or services
that conform to the requirements of this contract. The judiciary reserves the right
to inspect or test any products or services that have been tendered for
acceptance. The judiciary may require repair or replacement of nonconforming
products or re-performance of nonconforming services at no increase in contract
price. The judiciary must exercise these rights:
Passage 25
RFQ20240401 — Amendment 1, 17 May 2024 — physical page 22
Retained version: c58e739cb11c5a75f7319526; characters 1–2088 in that extracted passage.
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Page 22 of 22
2-55 Privacy or Security of Safeguards (JAN 2003)
2-80 Judiciary Property (JAN 2003)
2-90C Option to Extend Services (APR 2013)
2-90D Option to Extend the Term of the Contract (APR 2013)
2-110 Option to Purchase Equipment (JAN 2003)
2-125 Security for Advance Payment (APR 2013)
2-130 Energy Efficiency in Energy-Consuming Products (APR 2013)
2-135 Acquisition of EPEAT®-Registered Personal Computer Products (MAR 2019)
2-140 Judiciary IT Security Standards (APR 2013)
3-1 Contractor Use of Mandatory Sources of Products or Services (JUN 2012)
X 3-3 Provisions, Clauses, Terms and Conditions - Small Purchases (JUN 2014)
X 3-300 Registration in the System for Award Management (SAM)
X 3-305 Payment by Electronic Funds Transfer – System for Award Management (SAM)
Registration
4-150 Cancellation Under Multi-Year Contracts (JUN 2014)
5-1 Payments under Personal and Professional Services Contracts (APR 2013)
5-30 Authorization and Consent (JAN 2003)
5-30 Alternate I (JAN 2003)
6-10 Deposit of Assets Requirements (APR 2013)
6-15 Deposit of Assets Instead of Surety Bonds (JAN 2003)
6-65 Rights in Data – Special Works (JAN 2010)
6-75 Rights to Data in an Offer (APR 2013)
6-80 Rights in Data – Existing Works (JAN 2010)
6-90 Notice and Assistance Regarding Patent and Co pyright Infri ngement (APR
2010)
6-110 Deferred Ordering of Technical Data or Computer Software (JUN 2014)
X 7-1 Contract Administration (JAN 2003)
X 7-5 Contracting Officer's Representative (APR 2013)
X 7-15 Observance of Regulations/Standards of Conduct (JAN 2003)
X 7-25 Indemnification (AUG 2004)
7-45 Travel (APR 2013)
7-55 Contractor Use of Judiciary Networks (JUN 2014)
7-70 Judiciary Property Furnished "As Is" (APR 2013)
7-95 Contractor Inspection Requirements (JAN 2003)
7-115 Availability of Funds (JAN 2003)
7-160 Limitation on Withholding of Payments (APR 2013)
7-170 Notice of Intent to Disallow Costs (JAN 2003)
7-180 Prohibition of Assignment of Claims (JUN 2012)
X 7-215 Notification of Ownership Changes (JAN 2003)
Passage 26
Judiciary clauses — retained 2021 reference — physical page 159
Retained version: aa06e7d34e15d8e9f1830584; characters 0–2093 in that extracted passage.
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Guide to Judiciary Policy, Vol. 14, Appx. 1B Page 1-57
(1) The contractor has entered all mandatory information, including the DUNS
number or the DUNS+4 number, into the SAM database; and
(2) The government has validated all mandatory data fields, to include
validation of the Taxpayer Identification Number (TIN) with the Internal
Revenue Service (IRS), and has marked the record "Active". The
contractor will be required to provide consent for TIN validation to the
government as a part of the SAM registration process.
(b) (1) By submission of an offer, the offeror acknowledges the requirement that
a prospective awardee shall be registered in the SAM database prior to
award, during performance, and through final payment of any contract,
basic agreement, basic ordering agreement, or blanket purchasing
agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the
cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by
the DUNS or DUNS +4 number that identifies the offeror's name and
address exactly as stated in the offer. The DUNS number will be used by
the contracting officer to verify that the offeror is registered in the SAM
database.
(c) If the offeror does not have a DUNS number, it should contact Dun and
Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number –
(i) via the internet at http://fedgov.dnb.com/webform or if the offeror
does not have internet access, it may call Dun and Bradstreet at 1-
866-705-5711 if located within the United States; or
(ii) if located outside the United States, by contacting the local Dun and
Bradstreet office. The offeror should indicate that it is an offeror for
a U.S. Government contract when contacting the local Dun and
Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) company legal business name;
(ii) tradestyle, doing business, or other name by which your entity is
commonly recognized;
(iii) company physical street address, city, state and ZIP code;
Passage 27
Judiciary clauses — retained 2023 reference — physical page 159
Retained version: 9d651b5fdd7047ebdad31075; characters 0–1793 in that extracted passage.
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Guide to Judiciary Policy, Vol. 14, Appx. 1B Page 1-57
contractor will be required to provide consent for TIN validation to the
government as a part of the SAM registration process.
(b) (1) By submission of an offer, the offeror acknowledges the requirement that
a prospective awardee shall be registered in the SAM database prior to
award, during performance, and through final payment of any contract,
basic agreement, basic ordering agreement, or blanket purchasing
agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the
cover page of its offer, the annotation "Unique Entity Identifier" followed by
the UEI that identifies the offeror's name and address exactly as stated in
the offer. The UEI will be used by the contracting officer to verify that the
offeror is registered in the SAM database.
(c) If the offeror does not have a UEI, it may obtain one at SAM.gov. The offeror
should be prepared to provide the following information:
(1) company legal business name;
(2) tradestyle, doing business, or other name by which your entity is
commonly recognized;
(3) company physical street address, city, state and ZIP code;
(4) company mailing address, city, state and ZIP code (if different from
physical);
(5) company telephone number;
(6) date the company was started;
(7) number of employees at your location;
(8) chief executive officer/key manager;
(9) line of business (industry);
(10) company headquarters name and address (reporting relationship within
your entity).
(d) If the offeror does not become registered in the SAM database within the time
prescribed by the contracting officer, the contracting officer will proceed to award
to the next otherwise successful registered offeror.
Passage 28
Test contractor dossier — historical 28 May 2024 scenario — line 120
Retained version: 5da17e72b3c6a3c02a864419; characters 0–207 in that extracted passage.
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Synthetic quote-package approval recorded 2024-05-27, ready for submission before May 28 2024 16:00 CT. No actual offer was transmitted. Historical deadline is scenario clock, not a current open opportunity.
Passage 29
Test contractor dossier — historical 28 May 2024 scenario — line 138
Retained version: 5da17e72b3c6a3c02a864419; characters 0–310 in that extracted passage.
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Synthetic test principals disclose no applicable debarment, charges, convictions, delinquent finally assessed taxes or default termination in the stated lookback. This is a fictional self-attestation, not database verification. Any actual adverse disclosure would require source-specific responsibility review.
Passage 30
Test contractor dossier — historical 28 May 2024 scenario — line 153
Retained version: 5da17e72b3c6a3c02a864419; characters 0–132 in that extracted passage.
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TEST-PM is expressly authorized by synthetic LLC resolution to bind the bidder on contract issues; placeholder contact details only.
Passage 31
RFQ20240401 — original RFQ — physical page 11
Retained version: 72cdf95952f8245512d8cde9; characters 275–479 in that extracted passage.
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Fill in the unit price and extended price for each item of your quote and fill in the grand total
amount or submit a quote containing all the information requested below on your standard
quotation form.
Passage 32
RFQ20240401 — original RFQ — physical page 11
Retained version: 72cdf95952f8245512d8cde9; characters 46–246 in that extracted passage.
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Instructions for Quoter:
Provide the information requested here and below at Provision 3-5, Provision 3-20, and Clause
7-10:
Company name:
DUNS number or UEI:
Discount terms, if other than Net 30:
Passage 33
RFQ20240401 — Amendment 1, 17 May 2024 — physical page 14
Retained version: c58e739cb11c5a75f7319526; characters 16–218 in that extracted passage.
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(D) have ___, have not ___, within a three-year period preceding this offer,
been notified of any delinquent federal taxes in an amount that exceeds
$3,500 for which the liability remains unsatisfied.
Passage 34
RFQ20240401 — Amendment 1, 17 May 2024 — physical page 18
Retained version: c58e739cb11c5a75f7319526; characters 1260–1752 in that extracted passage.
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(a) The contractor's representative to be contacted for all contract administration matters is as
follows (contractor complete the information):
Name: ____________________________________________________________
Address: __________________________________________________________
Telephone: ________________________________________________________
E-mail: ___________________________________________________________
Fax: ______________________________________________________________
Passage 35
Test contractor dossier — historical 28 May 2024 scenario — line 99
Retained version: 5da17e72b3c6a3c02a864419; characters 0–164 in that extracted passage.
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IAQ plan specifies containment and filtered air handling; submit for COR approval before odor/fume/contaminant-generating work. No work starts on presumed approval.
Passage 36
Test contractor dossier — historical 28 May 2024 scenario — line 105
Retained version: 5da17e72b3c6a3c02a864419; characters 0–173 in that extracted passage.
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Personnel roster and COR-provided paperwork delivery scheduled 21 days before onsite start, exceeding the 2-week lead requirement. No SSNs or real security forms are stored.
Passage 37
Test contractor dossier — historical 28 May 2024 scenario — line 111
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Historical RFQ page 9 states $82.30 per CSO-hour and 4-hour minimum block. Synthetic Revision B reserves 2 CSOs x 2 demolition shifts x 4 hours x $82.30 = $1316.80 for demolition escorts. Daytime remaining work separately budgets one CSO per occupied shift; exact scheduling/availability still requires approval.
Passage 38
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4.4 INDOOR AIR QUALITY
If any part of the work generates odors, fumes, or other airborne contaminants, contractor shall
develop an indoor air quality mitigation strategy for review and approval by the COR before
starting any work.
Passage 39
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1. Contractor shall complete and return the paperwork provided by the COR for all
employees and subcontractors working onsite at least two (2) weeks before the start of work. The
required information shall include (1) full name, (2) date of birth, and (3) Social Security
number.
Passage 40
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3. The contractor shall procure and coordinate the services of a CSO to provide escorting
services within the office suite and throughout the building during all on-site construction
activities. The contractor shall procure and coordinate the services of a CSO through the
U.S. Marshals Service (USMS) and the onsite security supervisor. The cost for one CSO
is currently $82.30 per hour (business hours and overtime hours) with a 4-hour minimum
time block. The COR will provide names and contact information for the USMS and the
onsite security supervisor after award.
4. If after hours work is approved by the COR, the services of two (2) Court Security
Officers (CSOs) shall be required at a minimum.
5. The contractor shall comply with all screening requirements for entry into the building,
which includes screening of all personnel, bags, tools, and materials.
6. Material movement into or out of the building shall be coordinated with the COR, on-site
personnel designed by the COR, the escorting CSO, and any additional contractors
working in the building.
(End of Statement of Work)
Using the quote sheet provided herein, email your quote no later than the date and time specified
above. Late quotes will not be considered unless the judiciary determines, at its own discretion,
that considering the late quote is in the judiciary’s best interest and will not unduly delay the
procurement.
The judiciary intends to make an award based on the lowest priced, technically acceptable
quote. All items should be quoted as a fixed price. Payment terms will be considered Net 30
unless more favorable terms are offered.
The period of performance is as indicated below:
The period of performance shall start on the date of award and end within twelve (12)
weeks of the date of the award.
The COR will coordinate all work with the contractor. The contractor shall conduct all
work between the hours of 8:30 AM and 4:30 PM CDT unless otherwise specified and
approved by the COR. The contractor shall work around the schedule of Judiciary staff
affected by the on-site construction work. Contractor shall coordinate with the COR in
advance to limit loud activities to early morning or late afternoon.
The COR, at its sole discretion, may modify the schedule of work and the end of the
period of performance. Changes to the schedule and the end date of the period of
performance are not considered modifications of the contract.
The place of performance will be the Hugo L. Black United States Courthouse located at
1729 Fifth Avenue North, Birmingham, Alabama 35203.
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Synthetic broker-style commitment to bind before performance: workers compensation as applicable; employers liability $100000/incident; auto/general bodily injury $200000/person and $500000/occurrence; property $20000. Subcontract flowdown, proof before performance and 30-day or longer statutory cancellation notice included. Not a claim these artificial policies currently exist.
Passage 42
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Payroll plan pays construction labor weekly at no less than applicable retained AL20240087 mod2 trade rates and fringe requirements; classify actual work and use proper conformance before unlisted work. No universal made-up wage rate replaces the trade table.
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Plan posts retained wage determination and WH1321 and preserves time/trade/pay records. Conformance and apprentice exceptions require documented eligibility, not assumed lower rates.
Passage 44
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(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.
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(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.
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(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.
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(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:
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(c) To constitute a proper invoice, the billing document shall include the following
information and/or attached documentation:
(1) name of business concern and such business’s Taxpayer Identification
Number;
(2) period(s) covered by invoice and invoice date;
(3) purchase order or contract number or other authorization for delivery of
property or services, e.g., delivery/task order number for orders under
indefinite delivery contracts ;
(4) for each line item — general description of product delivered or services
rendered, measured unit, and associated price;
(5) any applicable payment discount terms;
(6) total amount billed;
(7) a subtotal of any and all fees or credits applied to the invoice;
(8) an amount due (if any) or credit balance;
(9) name (where practicable), title, phone number, fax number, and complete
mailing address of the responsible official to whom payment is to be sent.
The “remit to” address shall correspond to the remittance address in the
contract;
Passage 49
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(i) Unless provided otherwise in paragraph (d) of this clause, the
contractor may, without prior approval of the contracting officer,
assert copyright in scientific and technical articles based on or
containing data first produced in the performance of this contract
and published in academic, technical or professional journals,
symposia proceedings, or similar works. The prior, express written
permission of the contracting officer is required to assert copyright
in all other data first produced in the performance of this contract.
Passage 50
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Clause 7-215, Notification of Ownership Changes
Include the following clause as prescribed in § 745.55.40(i) (Novation Agreements).
Notification of Ownership Changes (JAN 2003)
(a) The contractor shall make the following notifications in writing:
(1) when the contractor becomes aware that a change in its ownership has
occurred, or is certain to occur, that could result in changes in the
valuation of its capitalized assets in the accounting records, the contractor
shall notify the contracting officer within 30 days;
Passage 51
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detailed statement of the legal and factual basis of the dispute and shall be
accompanied by any documents that support the claim. The claimant shall seek
specific relief, as provided in paragraph (a) above. However, the time periods set
forth here shall be superceded if the contract contains specific provisions for the
processing of any claim which would otherwise be considered a dispute under
this clause.
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location. The following holidays are observed by the judiciary: New Year’s
Day, Birthday of Martin Luther King, Jr., Presidential Inauguration Day
(metropolitan DC area only), Washington’s Birthday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veteran’s Day,
Thanksgiving Day, Christmas Day.
(end)
Clause 7-210, Payment for Emergency Closures
Include the following clause as prescribed in § 745.45.55(d) (Clauses).
Payment for Emergency Closures (APR 2013)
During an emergency closure of the judiciary, or any individual judiciary
office, taken in its sovereign capacity for the public good, the judiciary is
not obligated to compensate contractors during the emergency closure,
unless: 1) the contract specifically requires the contractor to be on-site at
the judiciary facility during an emergency closure; 2) the contract
Passage 53
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Quote includes 12-category product/sample checklist and names specified products without substitutions. COR sample/cut-sheet review is scheduled before ordering. Any later equal requires disclosed justification and essential-characteristics evidence before approval.
Passage 54
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No equal substitution in baseline. Any proposed equal must identify brand/model and show essential characteristics in quotation, with approval as required; future generic compliance promise cannot replace that evidence.
Passage 55
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Any proposed “or
equal” substitutions shall be clearly noted on the quote sheet along with an explanation for
the substitution.
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(a) Any data required to be submitted on a Standard or Optional form may be
submitted on a computer generated version of the form, provided there is no
change to the name, content, or sequence of the data elements on the form, and
provided the form carries the Standard or Optional form number and edition date.
Passage 57
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Offerors or quoters are urged and expected to inspect the site where
services are to be performed and to satisfy themselves regarding all
general and local conditions that may affect the cost of contract
performance, to the extent that the information is reasonably obtainable. In
no event will failure to inspect the site constitute grounds for a claim after
contract award.
Passage 58
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Quotes due no later than: Tuesday, 28 May 2024 at 4:00 PM CT. All questions pertaining
to this RFQ are due by 4:00 PM CT on Tuesday, 21 May 2024.
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A determination of responsibility will be made on the apparent successful
offeror prior to contract award. If the prospective contractor is found non-
responsible, that offeror will be rejected and will receive no further
consideration for award. In the event a contractor is rejected based on a
determination of non-responsibility, a determination will be made on the
next apparent successful offeror.
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Using the quote sheet provided herein, email your quote no later than the date and time specified
above. Late quotes will not be considered unless the judiciary determines, at its own discretion,
that considering the late quote is in the judiciary’s best interest and will not unduly delay the
procurement.
Passage 61
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All items should be quoted as a fixed price.
Passage 62
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(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.
Passage 63
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Quotes due no later than: Tuesday, 28 May 2024 at 4:00 PM CT.
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(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;
Passage 65
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(D) have ___, have not ___, within a three-year period preceding this offer,
been notified of any delinquent federal taxes in an amount that exceeds
$3,500 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 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.
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(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
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.
(end)
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(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;
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Quote Sheet for RFQ # 20240401
Instructions for Quoter:
Provide the information requested here and below at Provision 3-5, Provision 3-20, and Clause
7-10:
Company name:
DUNS number or UEI:
Discount terms, if other than Net 30:
Instructions for Quoter:
Fill in the unit price and extended price for each item of your quote and fill in the grand total
amount or submit a quote containing all the information requested below on your standard
quotation form.
Item
Description
Qty
Unit of
Issue
Unit
Price ($)
Extended
Price ($)
1. Renovation of restroom as described in
Request for Quotation #20240401
1 Job
2.
3.
4.
5.
Insert below the brand name and model number for any items you propose to furnish as an equal
product:
GRAND TOTAL: $
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insurance carrier certification of the above minimum amounts.
(c) The maintenance of insurance coverage as required by this 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.
(end)
Clause 7-10, Contractor Representative (JAN 2003)
(a) The contractor's representative to be contacted for all contract administration matters is as
follows (contractor complete the information):
Name: ____________________________________________________________
Address: __________________________________________________________
Telephone: ________________________________________________________
E-mail: ___________________________________________________________
Fax: ______________________________________________________________
(b) The contractor's representative shall act as the central point of contact with the judiciary,
shall be responsible for all contract administration issues relative to this contract, and
shall have full authority to act for and legally bind the contractor on all such issues.
(end)
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.
Passage 70
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Guide to Judiciary Policy, Vol. 14, Appx. 1B Page 1-3
(c) Clause B-20, Computer Generated Forms is included in all solicitations and
contracts that require the contractor to submit data on standard or optional forms.
Provision B-1, Solicitation Provisions Incorporated by Reference
Include the following provision as prescribed in Appx. 1B, § B.2.1(a) (Solicitation
Provisions and Contract Clauses Prescribed in Appendix 1B).
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.
(end)
Clause B-5, Clauses Incorporated by Reference
Include the following clause as prescribed in Appx. 1B, § B.2.1(b) (Solicitation
Provisions and Contract Clauses Prescribed in Appendix 1B).
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.
(end)
Provision B-10, RESERVED
Clause B-15, RESERVED
Clause B-20, Computer Generated Forms
Include the following clause as prescribed in Appx. 1B, § B.2.1(c) (Solicitation
Provisions and Contract Clauses Prescribed in Appendix 1B).
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Computer Generated Forms (JAN 2003)
(a) Any data required to be submitted on a Standard or Optional form may be
submitted on a computer generated version of the form, provided there is no
change to the name, content, or sequence of the data elements on the form, and
provided the form carries the Standard or Optional form number and edition date.
(b) Unless prohibited by the contracting officer, any data required to be submitted on
a judiciary unique form may be submitted on a computer generated version of the
form provided there is no change to the name, content, or sequence of the data
elements on the form and provided the form carries the judiciary form number
and edition date.
(c) If the contractor submits a computer generated version of a form that is different
than the required form, then the rights and obligations of the parties will be
determined based on the content of the required form.
(end)
Clause 1-1, Employment by the Government
Include the following clause as prescribed in § 150.30.40 (Clauses).
Employment by the Government (JAN 2003)
(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.
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(b) Unless prohibited by the contracting officer, any data required to be submitted on
a judiciary unique form may be submitted on a computer generated version of the
form provided there is no change to the name, content, or sequence of the data
elements on the form and provided the form carries the judiciary form number
and edition date.
Passage 73
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(a) One or more items called for by this solicitation have been identified by a brand-
name-or-equal product description. Offers offering equal products will be
considered for award if these products are clearly identified and are determined
by the judiciary to contain all of the essential characteristics of the brand-name
products referenced in the solicitation.
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Guide to Judiciary Policy, Vol. 14, Appx. 1B Page 1-25
(ii) any undeveloped resource that is, or with new technology will
become, a source of raw materials.
(b) Unless this contract otherwise requires virgin material or products composed of
or manufactured from virgin material, the contractor shall provide products that
are new, reconditioned, or re-manufactured, as defined in this clause.
(c) An offer to provide unused former government surplus property shall include a
complete description of the material, the quantity, the name of the government
agency from which acquired, and the date of procurement.
(d) An offer to provide used, reconditioned, or re-manufactured products shall
include a detailed description of such products and shall be submitted to the
contracting officer for written approval.
(e) Used, reconditioned, or re-manufactured products, or unused former government
surplus property, may be used in performance if the contractor has proposed the
use of such products, and the contracting officer has authorized their use.
(end)
Provision 2-100, Brand Name or Equal
Include the following provision as prescribed in § 230.40.30 (Provision).
Brand Name or Equal (APR 2013)
(a) One or more items called for by this solicitation have been identified by a brand-
name-or-equal product description. Offers offering equal products will be
considered for award if these products are clearly identified and are determined
by the judiciary to contain all of the essential characteristics of the brand-name
products referenced in the solicitation.
(b) Unless the offeror clearly indicates in the offer that the offer is for an equal
product, the offer will be considered as offering a brand-name product referenced
in the solicitation.
(c) If the offeror proposes to furnish an equal product, the brand name and model or
catalog number, if any, of the product to be furnished shall be inserted in the
space provided in the solicitation. The evaluation of offers and the determination
as to equality of the product offered will be based on information furnished by the
offeror or identified in the offer, as well as other information reasonably available
to the purchasing activity. The purchasing activity is not responsible for locating
or obtaining any information not identified in the offer and reasonably available to
the purchasing activity. Accordingly, to ensure that sufficient information is
available, the offeror shall furnish as a part of the offer:
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(1) all descriptive material (such as cuts, illustrations, drawings, or other
information) necessary for the purchasing activity to establish exactly what
the offeror proposes to furnish and to determine whether the product
offered meets the requirements of the solicitation; or
(2) specific references to information previously furnished or to information
otherwise available to the purchasing activity to permit a determination as
to equality of the product offered.
(3) If the offeror proposes to modify a product so as to make it conform to the
requirements of the solicitation, the offeror shall:
(i) Include in the offer a clear description of the proposed
modifications; and
(ii) Clearly mark any descriptive material to show the proposed
modifications.
(end)
Provision 2-105, Economic Purchase Quantity – Products
Include the following provision as prescribed in § 220.25.70(j) (Product-Related Delivery
Clauses and Provisions).
Economic Purchase Quantity – Products (JAN 2003)
(a) Offerors are invited to state an opinion on whether the quantity(ies) of products
on which offers or quotes are requested in this solicitation is (are) economically
advantageous to the judiciary.
__________________________________________________________
__________________________________________________________
__________________________________________________________
(b) Each offeror who believes that procurements in different quantities would be
more advantageous is invited to recommend an economic purchase quantity. If
different quantities are recommended, a total and a unit price shall be quoted for
applicable items. An economic purchase quantity is that quantity at which a
significant price break occurs. If there are significant price breaks at different
quantity points, this information is desired as well.
Offeror’s Recommendations
Item Quantity Price Quotation Total
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(b) Unless the offeror clearly indicates in the offer that the offer is for an equal
product, the offer will be considered as offering a brand-name product referenced
in the solicitation.
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(1) all descriptive material (such as cuts, illustrations, drawings, or other
information) necessary for the purchasing activity to establish exactly what
the offeror proposes to furnish and to determine whether the product
offered meets the requirements of the solicitation; or
(2) specific references to information previously furnished or to information
otherwise available to the purchasing activity to permit a determination as
to equality of the product offered.
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(3) If the offeror proposes to modify a product so as to make it conform to the
requirements of the solicitation, the offeror shall:
(i) Include in the offer a clear description of the proposed
modifications; and
(ii) Clearly mark any descriptive material to show the proposed
modifications.
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(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.
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(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
termination.
(end)
Clause 1-5, Conflict of Interest
Include the following clause as prescribed in § 150.30.40 (Clauses) and § 520.75(a)
(Provisions and Clauses).
Conflict of Interest (AUG 2004)
(a) The contractor specifically agrees that there is no conflict of interest arising from
the services to be provided under this agreement. The contractor further agrees
that no employee, principal, or affiliate is in any such conflict.
(b) Work under this contract may create a future conflict of interest that could prohibit
the contractor from competing for, or being awarded, future judiciary contracts.
The following examples illustrate situations in which questions concerning
potential conflicts of interest may arise:
(1) Unequal Access to Information
Access to internal judiciary business information as part of the
performance of a contract that could provide the contractor a competitive
advantage in a later competition for another judiciary contract. Such an
advantage could easily be perceived as unfair by a competing vendor who
is not given similar access to the relevant information.
(2) Competitive Advantage
The contractor, under a prior or existing contract, participates in defining
or preparing the requirements or documents that are involved in a
subsequent procurement where the contractor may be a competitor. This
includes, but is not limited to, defining the requirements, preparing an
alternatives analysis, drafting the statement of work or specifications, or
developing the evaluation criteria.
(3) Impaired Objectivity
The contractor is required to assess or evaluate products or services
produced or performed by the contractor or one of its business divisions,
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subsidiaries, or affiliates, or any entity with which it has a significant
financial relationship. The contractor’s ability to render impartial advice
could be undermined by the contractor’s financial or other business
relationship with the entity being evaluated.
The contractor agrees to immediately notify the contracting officer, in writing, if an actual
or potential conflict of interest arises, including any of the above and if a non-judiciary
client requests or receives any professional advice, representation, or assistance
regarding the judiciary.
The judiciary reserves the right to preclude a contractor from participating in a
procurement, refuse to permit the contractor to undertake any conflicting agreements
with non-judiciary clients, or terminate this contract without cost to the judiciary in the
event the contracting officer determines a conflict of interest exists and cannot be
avoided or mitigated.
(end)
Clause 1-10, Gratuities or Gifts
Include the following clause as prescribed in § 150.50.50 (Clause).
Gratuities or Gifts (JAN 2010)
(a) The right of the contractor to proceed may be terminated by written notice if, after
notice and hearing, the Procurement Executive or designee determines — at a
level above the contracting officer — that the contractor, its agent or another
representative:
(1) offered or gave a gratuity (e.g., an entertainment or gift) to an officer,
official or employee of the judiciary; and
(2) intended, by the gratuity, to obtain a contract or favorable treatment under
a contract.
(b) The facts supporting this determination may be reviewed by any court having
lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) of this clause, the judiciary is
entitled to pursue the same remedies as in a breach of contract.
(d) The rights and remedies of the judiciary provided in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law or
under this contract.
(end)
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The contractor agrees to immediately notify the contracting officer, in writing, if an actual
or potential conflict of interest arises, including any of the above and if a non-judiciary
client requests or receives any professional advice, representation, or assistance
regarding the judiciary.
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1. Participate in weekly meetings with the Contracting Officer’s Representative (COR) and
other team members, including a pre-construction meeting. Meetings will be held
virtually or in person at the discretion of the COR.
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a. Due to the anticipated noise associated with this renovation, coordinate the proposed
timing of work with the COR to minimize disruptions to the building occupants (after
hours/weekend, which is outside the normal business hours of 8:30 AM CT to 5:00 PM
CT, Monday through Friday).
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Shop
drawings, including elevations, plans, and all dimensions, shall be provided to the COR
for approval prior to ordering and installation of new cabinetry. Contractor shall revise
shop drawings to accommodate changes provided by the COR. The cabinets shall be
fabricated and finished off-site.
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Proposed work schedule Within two (2) weeks of award, provide the COR with a proposed
work schedule, including sample collection and review, material
lead-times, on-site construction activities, and any needed
coordination items with building maintenance.
After review by the COR, revise the work schedule to work around
court events if necessary.
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3. The contractor shall procure and coordinate the services of a CSO to provide escorting
services within the office suite and throughout the building during all on-site construction
activities. The contractor shall procure and coordinate the services of a CSO through the U.S.
Marshals Service (USMS) and the onsite security supervisor.
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6. Material movement into or out of the building shall be coordinated with the COR, on-site
personnel designed by the COR, the escorting CSO, and any additional contractors working in
the building.
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The contractor shall conduct all
work between the hours of 8:30 AM and 4:30 PM CDT unless otherwise specified and
approved by the COR. The contractor shall work around the schedule of Judiciary staff
affected by the on-site construction work.
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Contractor shall coordinate with the COR in
advance to limit loud activities to early morning or late afternoon.
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T
he place of performance will be the Hugo L. Black United States Courthouse located at 1729
Fifth Avenue North, Birmingham, Alabama 35203.
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17. Remove the existing paper towel dispenser, soap dispenser, toilet paper dispenser, door
stop wall protector, and mirror. Infill and patch all drywall walls in the room to provide a
new level surface (minimum Level 3 drywall finish).
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a. Wood type: Wood shall be maple or equal as approved by the COR.
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Samples of all finishes shall be presented to a designated on-site reviewer and then
sent to the COR via overnight delivery for confirmation and approval.
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Contractor shall have a licensed fire
protection subcontractor temporarily remove the cover and surrounding ceiling tile.
Once the new ceiling grid is installed, the licensed fire protection subcontractor shall
install the new ceiling tile around the sprinkler head and reinstall the cover.
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The work shall meet the requirements listed herein and
the requirements described in the attached drawings and shall be complete for the work to be
occupied or utilized for its intended purpose.
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(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.
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(b) Prior to beginning performance under this contract, the contractor shall provide the
insurance carrier certification of the above minimum amounts.
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(c) The maintenance of insurance coverage as required by this 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.
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(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.
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(b)
(1) All laborers and mechanics employed or working upon the site of the work will be
paid unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued by
the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and
bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates
not less than those contained in the wage determination of the Secretary of Labor which is
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attached hereto and made a part hereof, or as may be incorporated for a secondary site of the
work, regardless of any contractual relationship which may be alleged to exist between the
Contractor and such laborers and mechanics. Any wage determination incorporated for a
secondary site of the work shall be effective from the first day on which work under the contract
was performed at that site and shall be incorporated without any adjustment in contract price or
estimated cost. Laborers employed by the construction Contractor or construction subcontractor
that are transporting portions of the building or work between the secondary site of the work and
the primary site of the work shall be paid in accordance with the wage determination applicable
to the primary site of the work.
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(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and
fringe benefits in the wage determination for the classification of work actually performed,
without regard to skill, except as provided in the clause entitled Apprentices and Trainees.
Laborers or mechanics performing work in more than one classification may be compensated at
the rate specified for each classification for the time actually worked therein; provided that the
employer’s payroll records accurately set forth the time spent in each classification in which
work is performed.
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(4) The wage determination (including any additional classifications and wage rates
conformed under paragraph (c) of this clause) and the Construction Wage Rate Requirements
(Davis-Bacon Act) poster (WH-1321) shall be posted at all times by the Contractor and its
subcontractors at the primary site of the work and the secondary site of the work, if any, in a
prominent and accessible place where it can be easily seen by the workers.
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(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
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(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
Contractor shall either pay the benefit as stated in the wage determination or shall pay another
bona fide fringe benefit or an hourly cash equivalent thereof.
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The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
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Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking.
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APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State
apprenticeship programs.
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(a) Unless otherwise specified, preservation, packaging, and marking for all items
delivered hereunder shall be in accordance with commercial practice and
adequate to insure acceptance by common carrier and safe arrival at destination.
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Clause 2-45, Packaging and Marking
Include the following clause as prescribed in § 220.25.70(h) (Product-Related Delivery
Clauses and Provisions).
Packaging and Marking (AUG 2004)
(a) Unless otherwise specified, preservation, packaging, and marking for all items
delivered hereunder shall be in accordance with commercial practice and
adequate to insure acceptance by common carrier and safe arrival at destination.
The contractor shall place the contract number and delivery order number, or
purchase order, as applicable, on or adjacent to the exterior shipping label or
include them on the internal packing slip. For any magnetic media provided, the
contractor shall provide extra markings for protection against exposure to
magnetic fields or temperature extremes.
(b) All documentation, reports, and other deliverables shall be clearly marked with
the project title, contract number, and delivery order number (when applicable).
Unless otherwise specified, all items shall be packaged and packed in
accordance with normal commercial practices (e.g., if magnetic media is
involved, extra marking shall be considered for protection against exposure to
magnetic fields or temperature).
(end)
Clause 2-50, Continuity of Services
Include the following clause as prescribed in § 220.25.80(a) (Service-Related Provisions
and Clauses).
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
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The contractor shall place the contract number and delivery order number, or
purchase order, as applicable, on or adjacent to the exterior shipping label or
include them on the internal packing slip. For any magnetic media provided, the
contractor shall provide extra markings for protection against exposure to
magnetic fields or temperature extremes.
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(b) All documentation, reports, and other deliverables shall be clearly marked with
the project title, contract number, and delivery order number (when applicable).
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(h) Warranty
The contractor warrants and implies that the items delivered hereunder are
merchantable and fit for use for the particular purpose described in this contract.
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(h) Warranty
The contractor warrants and implies that the items delivered hereunder are
merchantable and fit for use for the particular purpose described in this contract.
(end)
Provision 3-5, Taxpayer Identification and Other Offeror Information
Include the following provision as prescribed in § 325.30.20(b) (Written Solicitations)
and § 330.10.30(a) (Provisions and Clauses).
Taxpayer Identification and Other Offeror Information (APR 2011)
(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;
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Written
communications from the contractor shall make reference to the contract number
and shall be mailed to the address provided in the cover letter. Communications
pertaining to contract administration matters will be addressed to the contracting
officer.
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Last substantive revision (Transmittal 14-013) March 18, 2019
Last revised (minor technical changes) March 21, 2019
Provisions and Clauses (Chapter 7)
Clause 7-1, Contract Administration
Include the following clause as prescribed in § 715.55(a) (Clauses/Provisions).
Contract Administration (JAN 2003)
(a) The contracting officer and contracting officer’s representative for the contract will
be the judiciary’s primary points of contact during the performance of the
contract. The contracting officer responsible for the administration of this
contract will provide a cover letter providing the contracting officer’s name,
business address, e-mail address, and telephone number. Written
communications from the contractor shall make reference to the contract number
and shall be mailed to the address provided in the cover letter. Communications
pertaining to contract administration matters will be addressed to the contracting
officer.
(b) Notwithstanding the contractor’s responsibility for total management during the
performance of this contract, the administration of this contract will require the
maximum coordination between the judiciary and the contractor. All contract
administration will be effected by the contracting officer except as may be
redelegated. In no event will any understanding or agreement, contract
modification, change order, or other matter in deviation from the terms of this
contract between the contractor and a person other than the contracting officer
be effective or binding upon the judiciary. All such actions shall be formalized by
a proper contractual document executed by the contracting officer.
(end)
Clause 7-5, Contracting Officer’s Representative
Include the following clause as prescribed in § 715.55(b) (Clauses/Provisions).
Contracting Officer’s Representative (APR 2013)
(a) Upon award, a contracting officer’s representative (COR) may be appointed by
the contracting officer. The COR will be responsible for coordinating the
technical aspects of this contract and inspecting products/services furnished
hereunder; however, the COR will not be authorized to change any terms and
conditions of the resultant contract, including price.
(b) The COR, if appointed, may be assigned one or more of the following
responsibilities:
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(a) When contractor personnel are performing contract work at a judiciary facility,
they shall comply with all rules and regulations of the facility, including, but not
limited to, rules and regulations governing security, controlled access, personnel
clearances and conduct with respect to health and safety and to property at the
site, regardless of whether or not title to such property is vested in the judiciary.
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(a) When contractor personnel are performing contract work at a judiciary facility,
they shall comply with all rules and regulations of the facility, including, but not
limited to, rules and regulations governing security, controlled access, personnel
clearances and conduct with respect to health and safety and to property at the
site, regardless of whether or not title to such property is vested in the judiciary.
The facilities to which the contractor has access belong to the judiciary and will
not at any time be considered “Judiciary Property” furnished to the contractor.
(b) The contractor and its employees shall only conduct business covered by the
contract during periods paid for by the judiciary, and will not conduct any other
business on judiciary premises.
(c) The contractor shall be responsible for maintaining satisfactory standards of
employee competency, conduct, appearance and integrity. It is the contractor’s
responsibility to take disciplinary action with respect to its employees as may be
necessary. The contractor is also responsible for ensuring that its employees do
not disturb papers on desks, open desk drawers or cabinets, or use judiciary
property (such as, but not limited to, telephones or copiers) except as authorized.
(end)
Clause 7-20, Security Requirements
Include the following clause as prescribed in § 330.10.30(l) (Provisions and Clauses)
and § 715.55(e) (Clauses/Provisions).
Security Requirements (APR 2013)
(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.
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(c) The contractor shall be responsible for maintaining satisfactory standards of
employee competency, conduct, appearance and integrity. It is the contractor’s
responsibility to take disciplinary action with respect to its employees as may be
necessary. The contractor is also responsible for ensuring that its employees do
not disturb papers on desks, open desk drawers or cabinets, or use judiciary
property (such as, but not limited to, telephones or copiers) except as authorized.
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(a) The judiciary will have access to and the right to examine any directly pertinent
books, documents, papers, or other records of the contractor involving
transactions related to this contract, until three years after final payment under
this contract, or for any shorter period specified for particular records.
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Examination of Records (JAN 2003)
(a) The judiciary will have access to and the right to examine any directly pertinent
books, documents, papers, or other records of the contractor involving
transactions related to this contract, until three years after final payment under
this contract, or for any shorter period specified for particular records.
(b) The contractor agrees to include in all subcontracts under this contract a
provision to the effect that the judiciary will have until three years after final
payment under the contract, or for any shorter specified period for particular
records, have access to and the right to examine any directly pertinent books,
documents, papers, or other records of the subcontractor involving transactions
related to the subcontract. The term subcontract as used in this clause excludes:
(1) purchase orders; and
(2) subcontracts for public utility services at rates established for uniform
applicability to the general public.
(end)
Clause 7-95, Contractor Inspection Requirements
Include the following clause as prescribed in § 220.10.70(d) (Clauses for Inclusion in
Solicitations or Contracts).
Contractor Inspection Requirements (JAN 2003)
The contractor is responsible for performing or having performed all
inspections and tests necessary to substantiate that the products or
services furnished under this contract conform to contract requirements,
including any applicable technical requirements for specified
manufacturers' parts. This clause takes precedence over any judiciary
inspection and testing required in the contract's specifications, except for
specialized inspections or tests specified to be performed solely by the
judiciary.
(end)
Clause 7-100A, Limitation of Liability (Products)
Include the following clause as prescribed in § 220.10.70(e) (Clauses for Inclusion in
Solicitations or Contracts).
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(b) The contractor agrees to include in all subcontracts under this contract a
provision to the effect that the judiciary will have until three years after final
payment under the contract, or for any shorter specified period for particular
records, have access to and the right to examine any directly pertinent books,
documents, papers, or other records of the subcontractor involving transactions
related to the subcontract. The term subcontract as used in this clause excludes:
(1) purchase orders; and
(2) subcontracts for public utility services at rates established for uniform
applicability to the general public.
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(a) Invoices shall be submitted to the address (physical or e-mail) specified in this
contract and in accordance with any schedule for payments set forth elsewhere
under this contract.
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arise for performance under this contract beyond _____, until funds are
made available to the contracting officer for performance and until the
contractor receives notice of availability, to be confirmed in writing by the
contracting officer.
(end)
Clause 7-125, Invoices
Include the following clause as prescribed in § 740.20.30 (Clause).
Invoices (APR 2011)
(a) Invoices shall be submitted to the address (physical or e-mail) specified in this
contract and in accordance with any schedule for payments set forth elsewhere
under this contract.
(b) The office that will make payments due under this contract will be designated in
the contract at the time of contract award.
(c) To constitute a proper invoice, the billing document shall include the following
information and/or attached documentation:
(1) name of business concern and such business’s Taxpayer Identification
Number;
(2) period(s) covered by invoice and invoice date;
(3) purchase order or contract number or other authorization for delivery of
property or services, e.g., delivery/task order number for orders under
indefinite delivery contracts ;
(4) for each line item — general description of product delivered or services
rendered, measured unit, and associated price;
(5) any applicable payment discount terms;
(6) total amount billed;
(7) a subtotal of any and all fees or credits applied to the invoice;
(8) an amount due (if any) or credit balance;
(9) name (where practicable), title, phone number, fax number, and complete
mailing address of the responsible official to whom payment is to be sent.
The “remit to” address shall correspond to the remittance address in the
contract;
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(10) other substantiating documentation or information as required by the
purchase/delivery/task order or contract;
(11) all follow-up invoices shall be marked “Duplicate of Original.” Contractor
questions regarding payment information or check identification shall be
directed to the relevant paying authority specified in the contract.
(end)
Alternate I (JAN 2010): As prescribed in § 520.75(f), and when
applicable, the contracting officer must substitute the following paragraph
(c)(4) for paragraphs (c)(4) of the basic Clause 7-125.
(4) All invoices for services under this agreement shall indicate in detail the
following:
(i) person performing service each day by hour and part of an hour;
(ii) services performed each day by hour and part of an hour;
(iii) rates and charges for each service so detailed; and
(iv) individual expenses charged, if allowed under this agreement.
Note: Minimum charges for portions of an hour may be allowed, if such a
charging practice has been disclosed before award of this agreement.
Clause 7-130, Interest (Prompt Payment)
Include the following clause as prescribed in § 740.30.30 (Payment of Interest).
Interest (Prompt Payment) (JAN 2003)
The provisions of the Prompt Payment Act of 1982 and OMB Budget
Circular A-125 concerning interest on overdue payments are not
applicable to the judiciary. Therefore, interest is not payable under this
contract for overdue payments.
(end)
Clause 7-135, Payments
Include the following clause as prescribed in § 740.30.50(a) (Clauses).
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(10) other substantiating documentation or information as required by the
purchase/delivery/task order or contract;
(11) all follow-up invoices shall be marked “Duplicate of Original.” Contractor
questions regarding payment information or check identification shall be
directed to the relevant paying authority specified in the contract.
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Except as otherwise provided in this contract, no payment for extras will
be made unless such extras, and the price for such extras, have been
authorized in writing by the contracting officer.
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Clause 7-145, Government Purchase Card
Include the following clause as prescribed in § 740.30.50(c) (Clauses).
Government Purchase Card (JAN 2003)
(a) Card holders may use an authorized government purchase card to make
payments for orders placed against this contract.
(b) Purchase Card Terms: In accepting the purchase card as payment, the
contractor agrees to abide by the terms of the GSA purchase card contract.
(c) Backorder: In accordance with the GSA purchase card contract, the contractor
may not charge for back-ordered products before shipment,
(d) Taxes: government purchases are generally not subject to state or local taxes,
with limited exceptions in Arizona, New Mexico and Hawaii.
(e) Unauthorized card: If the contractor determines that the card bearer is not an
authorized cardholder, or that the card is not an authorized government purchase
card, then the contractor shall immediately notify the contracting officer.
(f) Disputes: Any purchase card disputes will be resolved in accordance with the
GSA purchase card contract.
(g) Payments: Purchase card payments will be made in accordance with the GSA
purchase card contract.
(end)
Clause 7-150, Extras
Include the following clause as prescribed in § 740.30.50(d) (Clauses).
Extras (JAN 2003)
Except as otherwise provided in this contract, no payment for extras will
be made unless such extras, and the price for such extras, have been
authorized in writing by the contracting officer.
(end)
Clause 7-155, Certification of Final Indirect Costs
Include the following clause as prescribed in § 740.30.50(e) (Clauses).
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(e) Failure to agree to any adjustment is a dispute under the Disputes clause.
However, nothing in this clause will excuse the contractor from proceeding with
the contract as changed.
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Clause 7-185, Changes
Include the following clause as prescribed in § 745.40.40(a) (Clauses).
Changes (APR 2013)
(a) The contracting officer may at any time, by written order, and without notice to
the sureties, if any, make changes within the general scope of this contract in any
one or more of the following:
(1) drawings, designs, or specifications when the products to be furnished are
to be specially manufactured for the judiciary in accordance with the
drawings, designs, or specifications;
(2) statement of work or description of services to be performed;
(3) method of shipment or packing of products;
(4) place of delivery of products or place of performance;
(5) delivery or performance schedule, time (i.e. hours of the day, days of the
week, etc.) or place of delivery or performance of services;
(6) judiciary-furnished property or facilities.
(b) If any such change causes an increase or decrease in the cost of, or the time
required for, performance of any part of the work under this contract, whether or
not changed by the order, the contracting officer will make an equitable
adjustment in the contract price, the delivery schedule, or both, and will modify
the contract.
(c) The contractor shall assert its right to an adjustment within 30 days from the date
of receipt of the written order. However, if the contracting officer decides that the
facts justify it, the contracting officer may receive and act upon an offer submitted
before final payment of the contract.
(d) If the contractor’s offer includes the cost of property made obsolete or excess by
the change, the contracting officer will have the right to prescribe the manner of
the disposition of the property.
(e) Failure to agree to any adjustment is a dispute under the Disputes clause.
However, nothing in this clause will excuse the contractor from proceeding with
the contract as changed.
(end)
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Rights in Data – General (JUN 2012)
(a) Definitions. As used in this clause:
“Computer Database” or “Database” means a collection of recorded information
in a form capable of, and for the purpose of, being stored in, processed, and
operated on by a computer. The term does not include computer software.
“Computer software”:
(1) Means:
(i) Computer programs that comprise a series of instructions, rules,
routines, or statements, regardless of the media in which recorded,
that allow or cause a computer to perform a specific operation or
series of operations; and
(ii) Recorded information comprising source code listings, design
details, algorithms, processes, flow charts, formulas, and related
material that would enable the computer program to be produced,
created, or compiled.
(2) Does not include computer databases or computer software
documentation.
“Computer Software Documentation” means owner’s manuals, user’s manuals,
installation instructions, operating instructions, and other similar items, regardless
of storage medium, that explain the capabilities of the computer software or
provide instructions for using the software.
“Data” means recorded information, regardless of form or the media on which it
may be recorded. The term includes technical data and computer software. The
term does not include information incidental to contract administration, such as
financial, administrative, cost or pricing, or management information.
“Form, Fit, and Function Data” means data relating to items, components, or
processes that are sufficient to enable physical and functional interchangeability,
and data identifying source, size, configuration, mating and attachment
characteristics, functional characteristics, and performance requirements. For
computer software it means data identifying source, functional characteristics,
and performance requirements but specifically excludes the source code,
algorithms, processes, formulas, and flow charts of the software.
“Limited Rights” means the rights of the judiciary in limited rights data as set forth
in the Limited Rights Notice of paragraph (g)(3) if included in this clause.
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“Limited Rights Data” means data, other than computer software, that embody
trade secrets or are commercial or financial and confidential or privileged, to the
extent that such data pertain to items, components, or processes developed at
private expense, including minor modifications.
“Restricted Computer Software” means computer software developed at private
expense and that is a trade secret, is commercial or financial and confidential or
privileged, or is copyrighted computer software, including minor modifications of
the computer software.
“Restricted Rights,” as used in this clause, means the rights of the judiciary in
restricted computer software, as set forth in a Restricted Rights Notice of
paragraph (g)(4) if included in this clause, or as otherwise may be provided in a
collateral agreement incorporated in and made part of this contract, including
minor modifications of such computer software.
“Technical Data” means recorded information (regardless of the form or method
of the recording) of a scientific or technical nature (including computer databases
and computer software documentation). This term does not include computer
software or financial, administrative, cost or pricing, or management data or other
information incidental to contract administration. The term includes recorded
information of a scientific or technical nature that is included in computer
databases (see 41 U.S.C. § 116).
“Unlimited Rights” means the rights of the judiciary to use, disclose, reproduce,
prepare derivative works, distribute copies to the public, and perform publicly and
display publicly, in any manner and for any purpose, and to have or permit others
to do so.
(b) Allocation of Rights
(1) Except as provided in paragraph (c) of this clause, the judiciary shall have
unlimited rights in:
(i) Data first produced in the performance of this contract;
(ii) Form, fit, and function data delivered under this contract;
(iii) Data delivered under this contract (except for restricted computer
software) that constitute manuals or instructional and training
material for installation, operation, or routine maintenance and
repair of items, components, or processes delivered or furnished for
use under this contract; and
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(iv) All other data delivered under this contract unless provided
otherwise for limited rights data or restricted computer software in
accordance with paragraph (g) of this clause.
(2) The contractor shall have the right to:
(i) Assert copyright in data first produced in the performance of this
contract to the extent provided in paragraph (c)(1) of this clause;
(ii) Use, release to others, reproduce, distribute, or publish any data
first produced or specifically used by the contractor in the
performance of this contract, unless provided otherwise in
paragraph (d) of this clause;
(iii) Substantiate the use of, add, or correct limited rights, restricted
rights, or copyright notices and to take other appropriate action, in
accordance with paragraphs (e) and (f) of this clause; and
(iv) Protect from unauthorized disclosure and use those data that are
limited rights data or restricted computer software to the extent
provided in paragraph (g) of this clause.
(c) Copyright:
(1) Data First Produced in the Performance of this Contract
(i) Unless provided otherwise in paragraph (d) of this clause, the
contractor may, without prior approval of the contracting officer,
assert copyright in scientific and technical articles based on or
containing data first produced in the performance of this contract
and published in academic, technical or professional journals,
symposia proceedings, or similar works. The prior, express written
permission of the contracting officer is required to assert copyright
in all other data first produced in the performance of this contract.
(ii) When authorized to assert copyright to the data, the contractor
shall affix the applicable copyright notices of 17 U.S.C. § 401 or
§ 402, and an acknowledgment of judiciary sponsorship (including
contract number).
(iii) For data other than computer software, the contractor grants to the
judiciary, and others acting on its behalf, a paid-up, nonexclusive,
irrevocable, worldwide license in such copyrighted data to
reproduce, prepare derivative works, distribute copies to the public,
and perform publicly and display publicly by or on behalf of the
judiciary. For computer software, the contractor grants to the
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judiciary, and others acting on its behalf, a paid-up, nonexclusive,
irrevocable, worldwide license in such copyrighted computer
software to reproduce, prepare derivative works, and perform
publicly and display publicly (but not to distribute copies to the
public) by or on behalf of the judiciary.
(2) Data Not First Produced in the Performance of this Contract
The contractor shall not, without the prior written permission of the
contracting officer, incorporate in data delivered under this contract any
data not first produced in the performance of this contract unless the
contractor:
(i) Identifies the data; and
(ii) Grants to the judiciary, or acquires on its behalf, a license of the
same scope as set forth in paragraph (c)(1) of this clause or, if such
data are restricted computer software, the judiciary shall acquire a
copyright license as set forth in paragraph (g)(4) of this clause (if
included in this contract) or as otherwise provided in a collateral
agreement incorporated in or made part of this contract.
(3) Removal of Copyright Notices
The judiciary will not remove any authorized copyright notices placed on
data pursuant to this paragraph (c), and will include such notices on all
reproductions of the data.
(d) Release, Publication, and Use of Data
The contractor shall have the right to use, release to others, reproduce,
distribute, or publish any data first produced or specifically used by the contractor
in the performance of this contract, except:
(1) As prohibited by federal law or regulation (e.g., export control or national
security laws or regulations);
(2) As expressly set forth in this contract; or
(3) If the contractor receives or is given access to data necessary for the
performance of this contract that contain restrictive markings, the
contractor shall treat the data in accordance with such markings unless
specifically authorized otherwise in writing by the contracting officer.
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(ii) When authorized to assert copyright to the data, the contractor
shall affix the applicable copyright notices of 17 U.S.C. § 401 or
§ 402, and an acknowledgment of judiciary sponsorship (including
contract number).
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The contractor shall not, without the prior written permission of the
contracting officer, incorporate in data delivered under this contract any
data not first produced in the performance of this contract unless the
contractor:
(i) Identifies the data; and
(ii) Grants to the judiciary, or acquires on its behalf, a license of the
same scope as set forth in paragraph (c)(1) of this clause or, if such
data are restricted computer software, the judiciary shall acquire a
copyright license as set forth in paragraph (g)(4) of this clause (if
included in this contract) or as otherwise provided in a collateral
agreement incorporated in or made part of this contract.
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(3) If the contractor receives or is given access to data necessary for the
performance of this contract that contain restrictive markings, the
contractor shall treat the data in accordance with such markings unless
specifically authorized otherwise in writing by the contracting officer.
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(g) Protection of Limited Rights Data and Restricted Computer Software
(1) The contractor may withhold from delivery qualifying limited rights data or
restricted computer software that are not data identified in paragraphs
(b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the
contractor shall:
(i) Identify the data being withheld; and
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(2) Except to the extent the judiciary’s action occurs as the result of final
disposition of the matter by a court of competent jurisdiction, the
contractor is not precluded by paragraph (e) of the clause from bringing a
claim, in accordance with the Disputes clause of this contract, that may
arise as the result of the judiciary removing or ignoring authorized
markings on data delivered under this contract.
(f) Omitted or Incorrect Markings
(1) Data delivered to the judiciary without any restrictive markings shall be
deemed to have been furnished with unlimited rights. The judiciary is not
liable for the disclosure, use, or reproduction of such data.
(2) If the unmarked data has not been disclosed without restriction outside the
judiciary, the contractor may request, within 6 months (or a longer time
approved by the contracting officer in writing for good cause shown) after
delivery of the data, permission to have authorized notices placed on the
data at the contractor’s expense. The contracting officer may agree to do
so if the contractor:
(i) Identifies the data to which the omitted notice is to be applied;
(ii) Demonstrates that the omission of the notice was inadvertent;
(iii) Establishes that the proposed notice is authorized; and
(iv) Acknowledges that the judiciary has no liability for the disclosure,
use, or reproduction of any data made prior to the addition of the
notice or resulting from the omission of the notice.
(3) If data has been marked with an incorrect notice, the contracting officer
may:
(i) Permit correction of the notice at the contractor’s expense if the
contractor identifies the data and demonstrates that the correct
notice is authorized; or
(ii) Correct any incorrect notices.
(g) Protection of Limited Rights Data and Restricted Computer Software
(1) The contractor may withhold from delivery qualifying limited rights data or
restricted computer software that are not data identified in paragraphs
(b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the
contractor shall:
(i) Identify the data being withheld; and
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(ii) Furnish form, fit, and function data instead.
(2) Limited rights data that are formatted as a computer database for delivery
to the judiciary shall be treated as limited rights data and not restricted
computer software.
(h) Subcontracting
The contractor shall obtain from its subcontractors all data and rights therein
necessary to fulfill the contractor’s obligations to the judiciary under this contract.
If a subcontractor refuses to accept terms affording the judiciary those rights, the
contractor shall promptly notify the contracting officer of the refusal and shall not
proceed with the subcontract award without authorization in writing from the
contracting officer.
(i) Relationship to Patents or Other Rights
Nothing contained in this clause shall imply a license to the judiciary under any
patent or be construed as affecting the scope of any license or other right
otherwise granted to the judiciary.
(end)
Alternate I (JAN 2010): As prescribed in § 650.65(c) (Clauses), insert the following
paragraph (g)(3) in the basic clause:
(g) (3) Notwithstanding paragraph (g)(1) of this clause, the contract may identify
and specify the delivery of limited rights data, or the contracting officer
may require by written request the delivery of limited rights data that has
been withheld or would otherwise be entitled to be withheld. If delivery of
that data is required, the contractor shall affix the following “Limited Rights
Notice” to the data and the judiciary will treat the data, subject to the
provisions of paragraphs (e) and (f) of this clause, in accordance with the
notice:
Limited Rights Notice (JAN 2010)
(a) These data are submitted with limited rights under judiciary Contract No.
_____ (and subcontract ______, if appropriate). These data may be
reproduced and used by the judiciary with the express limitation that they
will not, without written permission of the contractor, be used for purposes
of manufacture nor disclosed outside the judiciary; except that the
judiciary may disclose these data outside the judiciary for the following
purposes, if any; provided that the judiciary makes such disclosure subject
to prohibition against further use and disclosure: [COs may list additional
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(ii) Furnish form, fit, and function data instead.
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The contractor shall obtain from its subcontractors all data and rights therein
necessary to fulfill the contractor’s obligations to the judiciary under this contract.
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If a subcontractor refuses to accept terms affording the judiciary those rights, the
contractor shall promptly notify the contracting officer of the refusal and shall not
proceed with the subcontract award without authorization in writing from the
contracting officer.
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Upon receipt
of the order, the contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work
covered by the order during the period of work stoppage.
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(end)
Clause 2-60, Stop-Work Order
Include the following clause as prescribed in § 220.25.80(c) (Service-Related Provisions
and Clauses).
Stop-Work Order (JAN 2010)
(a) The contracting officer may, at any time, by written order to the contractor,
require the contractor to stop all, or any part, of the work called for by this
contract for a period of 90 days after the order is delivered to the contractor, and
for any further period to which the parties may agree. The order will be
specifically identified as a stop-work order issued under this clause. Upon receipt
of the order, the contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work
covered by the order during the period of work stoppage. Within a period of 90
days after a stop-work order is delivered to the contractor, or within any
extension of that period to which the parties shall have agreed, the contracting
officer will either:
(1) cancel the stop-work order; or
(2) terminate the work covered by the order as provided in the default, or the
Termination for Convenience, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the
order or any extension thereof expires, the contractor shall resume work. The
contracting officer will make an equitable adjustment in the delivery schedule or
contract price, or both, and the contract will be modified, in writing, accordingly, if:
(1) the stop-work order results in an increase in the time required for, or in the
contractor's cost properly allocable to, the performance of any part of this
contract; and
(2) the contractor asserts its right to the adjustment within 30 days after the
end of the period of work stoppage; provided, that, if the contracting officer
decides the facts justify the action, the contracting officer may receive and
act upon the claim submitted at any time before final payment under this
contract.
(c) If a stop-work order is not canceled and the work covered by the order is
terminated for the convenience of the judiciary, the contracting officer will allow
reasonable costs resulting from the stop-work order in arriving at the termination
settlement.
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(d) If a stop-work order is not canceled and the work covered by the order is
terminated for default, the contracting officer will allow, by equitable adjustment
or otherwise, reasonable costs resulting from the stop-work order.
(end)
Clause 2-65, Key Personnel
Include the following clause as prescribed in § 220.25.80(d) (Service-Related Provisions
and Clauses) and § 520.75(b) (Provisions and Clauses).
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
contracting officer, and no substitutions of such personnel shall be made
without the advance written approval of the contracting officer.
(3) Except as provided in paragraph (4) of this clause, at least 30 days (60
days if security clearance is required) in advance of the proposed
substitution, all proposed substitutions of key personnel shall be submitted
in writing to the contracting officer, including the information required in
paragraph (5) of this provision.
(4) The following identifies the requirements for situations where individuals
proposed as key personnel become unavailable because of sudden
illness, death or termination of employment. The contractor shall within 5
work days after the event, notify the contracting officer in writing of such
unavailability. If the event happens after award, the contracting officer will
determine if there is an immediate need for a temporary substitute and a
continuing requirement for a permanent substitute for the key personnel
position. The contracting officer will promptly inform the contractor of this
determination. If the contracting officer specifies that a temporary
substitute is required, the contractor shall as soon as is practical identify
who will be performing the work as a temporary substitute. The temporary
substitute will then start performance on a date mutually acceptable to the
contracting officer and the contractor. Within 15 work days following the
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(b) If a stop-work order issued under this clause is canceled or the period of the
order or any extension thereof expires, the contractor shall resume work.
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(2) the contractor asserts its right to the adjustment within 30 days after the
end of the period of work stoppage; provided, that, if the contracting officer
decides the facts justify the action, the contracting officer may receive and
act upon the claim submitted at any time before final payment under this
contract.
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(e) Excusable Delays
The contractor shall be liable for default unless nonperformance is caused by an
occurrence beyond the reasonable control of the contractor and without its fault
or negligence, such as acts of God or the public enemy, acts of the government
in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common carriers.
The contractor shall notify the contracting officer in writing as soon as it is
reasonably possible after the commencement of any excusable delay, setting
forth the full particulars in connection therewith, shall remedy such occurrence
with all reasonable dispatch, and shall promptly give written notice to the
contracting officer of the cessation of such occurrence.
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(1) within a reasonable period of time after the defect or non-conformance
was discovered or should have been discovered; and
(2) before any substantial change occurs in the condition of the item, unless
the change is due to the defect in the item.
(e) Excusable Delays
The contractor shall be liable for default unless nonperformance is caused by an
occurrence beyond the reasonable control of the contractor and without its fault
or negligence, such as acts of God or the public enemy, acts of the government
in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common carriers.
The contractor shall notify the contracting officer in writing as soon as it is
reasonably possible after the commencement of any excusable delay, setting
forth the full particulars in connection therewith, shall remedy such occurrence
with all reasonable dispatch, and shall promptly give written notice to the
contracting officer of the cessation of such occurrence.
(f) Termination for the Judiciary’s Convenience
The judiciary reserves the right to terminate this contract, or any part hereof, for
its sole convenience. In the event of such termination, the contractor shall
immediately stop all work hereunder and shall immediately cause any and all of
its suppliers and subcontractors to cease work. Subject to the terms of this
contract, the contractor shall be paid a percentage of the contract price reflecting
the percentage of the work performed prior to the notice of termination, plus
reasonable charges that the contractor can demonstrate to the satisfaction of the
judiciary, using its standard record keeping system, have resulted from the
termination. The contractor shall not be required to comply with the cost
accounting standards or contract cost principles for this purpose. This paragraph
does not give the judiciary any right to audit the contractor's records. The
contractor shall not be paid for any work performed or costs incurred that
reasonably could have been avoided.
(g) Termination for Cause
The judiciary may terminate this contract, or any part hereof, for cause in the
event of any default by the contractor, or if the contractor fails to comply with any
contract terms and conditions, or fails to provide the judiciary, upon request, with
adequate assurances of future performance. In the event of termination for
cause, the judiciary shall not be liable to the contractor for any amount for
products or services not accepted, and the contractor shall be liable to the
judiciary for any and all rights and remedies provided by law. If it is determined
that the judiciary improperly terminated this contract for default, such termination
shall be deemed a termination for convenience.
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(b) A claim under this clause will not be allowed:
(1) for any costs incurred more than 20 days before the contractor shall have
notified the contracting officer in writing of the act or failure to act involved;
and
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(b) If failure to perform is caused by the failure of a subcontractor at any tier to
perform or make progress, and if the cause of the failure was beyond the control
of both the contractor and subcontractor, and without the fault or negligence of
either, the contractor will not be deemed to be in default, unless:
(1) the subcontract products or services were obtainable from other sources;
(2) the contracting officer ordered the contractor in writing to purchase these
products or services from the other source; and
(3) the contractor failed to comply reasonably with this order.
(c) Upon request of the contractor, the contracting officer will ascertain the facts and
extent of the failure. If the contracting officer determines that any failure to
perform resulted from one or more of the causes above, the delivery schedule
will be revised, subject to the rights of the judiciary under the termination clause
of this contract.
(end)
Clause 7-200, Judiciary Delay of Work
Include the following clause as prescribed in § 745.45.55(b) (Clauses).
Judiciary Delay of Work (JAN 2003)
(a) If the performance of all or any part of the work of this contract is delayed or
interrupted (1) by an act of the contracting officer in the administration of this
contract that is not expressly or impliedly authorized by this contract, or (2) by a
failure of the contracting officer to act within the time specified in this contract, or
within a reasonable time if not specified, an adjustment (excluding profit) will be
made for any increase in the cost of performance of this contract caused by the
delay or interruption and the contract will be modified in writing accordingly.
Adjustment will also be made in the delivery or performance dates and any other
contractual term or condition affected by the delay or interruption. However, no
adjustment will be made under this clause for any delay or interruption to the
extent that performance would have been delayed or interrupted by any other
cause, including the fault or negligence of the contractor, or for which an
adjustment is provided or excluded under any other term or condition of this
contract.
(b) A claim under this clause will not be allowed:
(1) for any costs incurred more than 20 days before the contractor shall have
notified the contracting officer in writing of the act or failure to act involved;
and
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(2) unless the claim, in an amount stated, is asserted in writing as soon as
practicable after the termination of the delay or interruption, but not later
than the day of final payment under the contract.
(end)
Clause 7-205, Payment for Judiciary Holidays
Include the following clause as prescribed in § 745.45.55(c) (Clauses).
Payment for Judiciary Holidays (APR 2013)
On judiciary holidays, on-site contractors are not entitled to compensation
unless:
(1) the contract requires the contractor to be on-site at the judiciary facility
during the holiday;
(2) the contract specifically provides for compensation to the contractor on
judiciary holidays; or
(3) the contractor obtains approval from the contracting officer or designated
contracting officer’s representative (COR) to perform work at an off-site
location. The following holidays are observed by the judiciary: New Year’s
Day, Birthday of Martin Luther King, Jr., Presidential Inauguration Day
(metropolitan DC area only), Washington’s Birthday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veteran’s Day,
Thanksgiving Day, Christmas Day.
(end)
Clause 7-210, Payment for Emergency Closures
Include the following clause as prescribed in § 745.45.55(d) (Clauses).
Payment for Emergency Closures (APR 2013)
During an emergency closure of the judiciary, or any individual judiciary
office, taken in its sovereign capacity for the public good, the judiciary is
not obligated to compensate contractors during the emergency closure,
unless: 1) the contract specifically requires the contractor to be on-site at
the judiciary facility during an emergency closure; 2) the contract
specifically provides for compensation to the contractor even when the
government acts in its sovereign capacity; or 3) the contractor obtains
approval from the contracting officer or designated contracting officer’s
representative (COR) to perform work at an off-site location.
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(2) unless the claim, in an amount stated, is asserted in writing as soon as
practicable after the termination of the delay or interruption, but not later
than the day of final payment under the contract.
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(end)
Clause 7-215, Notification of Ownership Changes
Include the following clause as prescribed in § 745.55.40(i) (Novation Agreements).
Notification of Ownership Changes (JAN 2003)
(a) The contractor shall make the following notifications in writing:
(1) when the contractor becomes aware that a change in its ownership has
occurred, or is certain to occur, that could result in changes in the
valuation of its capitalized assets in the accounting records, the contractor
shall notify the contracting officer within 30 days;
(2) the contractor shall also notify the contracting officer within 30 days
whenever changes to asset valuations or any other cost changes have
occurred or are certain to occur as a result of a change in ownership.
(b) The contractor shall:
(1) maintain current, accurate, and complete inventory records of assets and
their costs;
(2) provide the contracting officer or designated representative ready access
to the records upon request;
(3) ensure that all-individual and grouped assets, their capitalized values,
accumulated depreciation or amortization, and remaining useful lives are
identified accurately before and after each of the contractor's ownership
changes; and
(4) retain and continue to maintain depreciation and amortization schedules
based on the asset records maintained before each contractor ownership
change.
(c) The contractor shall include the substance of this clause in all subcontracts under
this contract.
(end)
Clause 7-220, Termination for Convenience of the Judiciary (Fixed-Price)
Include the following clause as prescribed in § 755.20.60(a) (Clauses).
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(2) the contractor shall also notify the contracting officer within 30 days
whenever changes to asset valuations or any other cost changes have
occurred or are certain to occur as a result of a change in ownership.
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(b) The contractor shall:
(1) maintain current, accurate, and complete inventory records of assets and
their costs;
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(2) provide the contracting officer or designated representative ready access
to the records upon request;
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(3) ensure that all-individual and grouped assets, their capitalized values,
accumulated depreciation or amortization, and remaining useful lives are
identified accurately before and after each of the contractor's ownership
changes;
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(4) retain and continue to maintain depreciation and amortization schedules
based on the asset records maintained before each contractor ownership
change.
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(c) The contractor shall include the substance of this clause in all subcontracts under
this contract.
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Clause 7-235, Disputes
Include the following clause as prescribed in § 750.20.70 (Clause).
Disputes (JAN 2003)
(a) A contract dispute means a written claim, demand or assertion by a contracting
party for the payment of money in a sum certain, the adjustment or interpretation
of contract terms, or other specific relief arising under or relating to the contract.
A dispute also includes a termination for convenience settlement proposal and
any request for an equitable adjustment, which is denied. A voucher, invoice, or
other routine payment that is not disputed by the parties is not a dispute under
this clause.
(b) A contract dispute shall be filed within 12 months of its accrual and shall be
submitted in writing to the contracting officer.
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products or services were obtainable from other sources in sufficient time for the
contractor to meet the required delivery schedule.
(e) If this contract is terminated for default, the judiciary may require the contractor to
transfer title and deliver to the judiciary, as directed by the contracting officer, any
(1) completed products, and (2) partially completed products, and materials,
parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights
(collectively referred to as “manufacturing materials” in this clause) that the
contractor has specifically produced or acquired for the terminated portion of this
contract. Upon direction of the contracting officer, the contractor shall also
protect and preserve property in its possession in which the judiciary has an
interest.
(f) The judiciary will pay the contract price for completed products delivered and
accepted. The contractor and contracting officer will agree on the amount of
payment for manufacturing materials delivered and accepted and for the
protection and preservation of the property. Failure to agree will be a dispute
under the Disputes clause. The judiciary may withhold from these amounts any
sum the contracting officer determines to be necessary to protect the judiciary
against loss because of outstanding liens or claims of former lien holders.
(g) If, after termination, it is determined that the contractor was not in default, or that
the delay was excusable, the rights and obligations of the parties will be the
same as if the termination had been issued for the convenience of the judiciary.
(h) The rights and remedies of the judiciary in this clause are in addition to any other
rights and remedies provided by law or under this contract.
(end)
Clause 7-235, Disputes
Include the following clause as prescribed in § 750.20.70 (Clause).
Disputes (JAN 2003)
(a) A contract dispute means a written claim, demand or assertion by a contracting
party for the payment of money in a sum certain, the adjustment or interpretation
of contract terms, or other specific relief arising under or relating to the contract.
A dispute also includes a termination for convenience settlement proposal and
any request for an equitable adjustment, which is denied. A voucher, invoice, or
other routine payment that is not disputed by the parties is not a dispute under
this clause.
(b) A contract dispute shall be filed within 12 months of its accrual and shall be
submitted in writing to the contracting officer. The dispute shall contain a
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detailed statement of the legal and factual basis of the dispute and shall be
accompanied by any documents that support the claim. The claimant shall seek
specific relief, as provided in paragraph (a) above. However, the time periods set
forth here shall be superceded if the contract contains specific provisions for the
processing of any claim which would otherwise be considered a dispute under
this clause.
(c) Contracting officers are authorized to decide or settle all disputes under this
clause. If the contracting officer requires additional information the contracting
officer shall promptly request the claimant to provide such information. The
contracting officer will issue a written determination within 60 days of the receipt
of all the requested information from the claimant. If the contracting officer is
unable to render a determination within 60 days, the claimant shall be notified of
the date on which a determination will be made. The determination of the
contracting officer shall be considered the final determination of the judiciary.
(d) The contractor shall proceed diligently with performance of this contract pending
resolution of the dispute. The contractor shall comply with the final determination
of the contracting officer unless such determination is overturned by a court of
competent jurisdiction. Failure to diligently continue contract performance during
the pendency of the claim or failure to comply with the final determination of the
contracting officer may result in termination of the contract for default or
imposition of other available remedies.
(end)
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(d) The contractor shall proceed diligently with performance of this contract pending
resolution of the dispute.
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The contractor shall comply with the final determination
of the contracting officer unless such determination is overturned by a court of
competent jurisdiction. Failure to diligently continue contract performance during
the pendency of the claim or failure to comply with the final determination of the
contracting officer may result in termination of the contract for default or
imposition of other available remedies.
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specifically provides for compensation to the contractor even when the
government acts in its sovereign capacity; or 3) the contractor obtains
approval from the contracting officer or designated contracting officer’s
representative (COR) to perform work at an off-site location.
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(13) Clause 7-185, Changes (APR 2013)
(14) Clause 7-200, Judiciary Delay of Work (JAN 2003) (Applies for products
and fixed-price services.)
(15) Clause 7-210, Payment for Emergency Closures (APR 2013)
(16) Clause 7-235, Disputes (JAN 2003)
(c) The contractor shall comply with the following clauses, incorporated by
reference, unless the stated circumstances do not apply:
(1) Clause B-20, Computer Generated Forms (JAN 2003) (Applies when the
contractor is required to submit data on standard or optional forms.)
(2) Clause 6-60, Rights in Data – General (JUN 2012) (Applies if data will be
produced, furnished, or acquired under the purchase order.)
(3) Clause 7-145, Government Purchase Card (JAN 2003) (Applies when the
CO determines that the purchase card can be used to make payments.)
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(end)
Clause 3-3, Provisions, Clauses, Terms and Conditions – Small Purchases
Include the following clause as prescribed in § 310.50.30(d) (Incidental Items Not on
Schedule), § 325.30.20(b) (Written Solicitations), and § 325.45.15(b) (Open Market
Purchases).
Provisions, Clauses, Terms and Conditions – Small Purchases (JUN
2014)
(a) The following provisions are incorporated by reference into the request for
quotations (RFQ):
(1) Provision 3-70, Determination of Responsibility (JAN 2003)
(2) Provision 3-210, Protests (JUN 2014)
(3) Provision 7-60, Judiciary-Furnished Property or Services (JAN 2003)
(b) The contractor shall comply with the following clauses incorporated by reference:
(1) Clause 1-15, Disclosure of Contractor Information to the Public
(AUG 2004)
(2) Clause 2-60, Stop-Work Order (JAN 2010)
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2-55 Privacy or Security of Safeguards (JAN 2003)
2-80 Judiciary Property (JAN 2003)
2-90C Option to Extend Services (APR 2013)
2-90D Option to Extend the Term of the Contract (APR 2013)
2-110 Option to Purchase Equipment (JAN 2003)
2-125 Security for Advance Payment (APR 2013)
2-130 Energy Efficiency in Energy-Consuming Products (APR 2013)
2-135 Acquisition of EPEAT®-Registered Personal Computer Products (MAR 2019)
2-140 Judiciary IT Security Standards (APR 2013)
3-1 Contractor Use of Mandatory Sources of Products or Services (JUN 2012)
X 3-3 Provisions, Clauses, Terms and Conditions - Small Purchases (JUN 2014)
X 3-300 Registration in the System for Award Management (SAM)
X 3-305 Payment by Electronic Funds Transfer – System for Award Management (SAM)
Registration
4-150 Cancellation Under Multi-Year Contracts (JUN 2014)
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Request for Quotation (RFQ)
THIS RFQ HAS BEEN AMENDED AS OF 17 MAY 2024
Amendment Date: 17 May 2024
RFQ number: 20240401
Quotes due no later than: Tuesday, 28 May 2024 at 4:00 PM CT. All questions pertaining
to this RFQ are due by 4:00 PM CT on Tuesday, 21 May 2024.
Provide quotes to: Stan Peters, Contracting Officer at stan_peters@ca11.uscourts.gov
The United States Court of Appeals for the Eleventh Circuit is requesting quotes for the services
described below:
STATEMENT OF WORK (SOW)
1.1 INTRODUCTION:
A private restroom inside an office suite on the ninth floor of the Hugo L. Black United States
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The cost for one CSO
is currently $82.30 per hour (business hours and overtime hours) with a 4-hour minimum
time block.
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Payment terms will be considered Net 30
unless more favorable terms are offered.
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The COR, at its sole discretion, may modify the schedule of work and the end of the
period of performance. Changes to the schedule and the end date of the period of
performance are not considered modifications of the contract.
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Guide to Judiciary Policy, Vol. 14, Appx. 1B Page 1-20
______________________________________________________________
______________________________________________________________
(end)
Provision 2-70, Site Visit
Include the following provision as prescribed in § 220.25.80(e) (Service-Related
Provisions and Clauses).
Site Visit (JAN 2003)
Offerors or quoters are urged and expected to inspect the site where
services are to be performed and to satisfy themselves regarding all
general and local conditions that may affect the cost of contract
performance, to the extent that the information is reasonably obtainable. In
no event will failure to inspect the site constitute grounds for a claim after
contract award.
(end)
Clause 2-75, Liquidated Damages
Include the following clause as prescribed in § 220.30.50 (Clause), inserting the amount
where indicated.
Liquidated Damages (JAN 2003)
(a) If the contractor fails to complete delivery of the products, or performance of the
services within the time specified in this contract, or any extension, the contractor
shall, in place of actual damages, pay to the judiciary $_______________
(contracting officer insert amount) for liquidated damages as agreed for each
calendar day of delay.
(b) Alternatively, if completion of delivery or performance is delayed beyond the
contract dates, the judiciary may, at its sole discretion, terminate this contract in
whole or in part under the Termination for Default clause, and the contractor shall
be liable for the agreed liquidated damages accruing until the time the judiciary
may reasonably obtain delivery or performance of similar products or services.
The liquidated damages will be in addition to excess costs of re-procurement.
(c) The contractor will not be charged with liquidated damages when the delay in
completion of delivery or performance arises out of causes beyond the control
and without the fault or negligence of the contractor.
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Guide to Judiciary Policy, Vol. 14, Appx. 1B Page 1-2
(end)
Clause 3-3, Provisions, Clauses, Terms and Conditions – Small Purchases
Include the following clause as prescribed in § 310.50.30(d) (Incidental Items Not on
Schedule), § 325.30.20(b) (Written Solicitations), and § 325.45.15(b) (Open Market
Purchases).
Provisions, Clauses, Terms and Conditions – Small Purchases (JUN
2014)
(a) The following provisions are incorporated by reference into the request for
quotations (RFQ):
(1) Provision 3-70, Determination of Responsibility (JAN 2003)
(2) Provision 3-210, Protests (JUN 2014)
(3) Provision 7-60, Judiciary-Furnished Property or Services (JAN 2003)
(b) The contractor shall comply with the following clauses incorporated by reference:
(1) Clause 1-15, Disclosure of Contractor Information to the Public
(AUG 2004)
(2) Clause 2-60, Stop-Work Order (JAN 2010)
(3) Clause 3-205, Protest After Award (JAN 2003)
(4) Clause 7-20, Security Requirements (APR 2013)
(5) Clause 7-30, Public Use of the Name of the Federal Judiciary (JUN 2014)
(6) Clause 7-35, Disclosure or Use of Information (APR 2013)
(7) Clause 7-85, Examination of Records (JAN 2003)
(8) Clause 7-125, Invoices (APR 2011)
(9) Clause 7-130, Interest (Prompt Payment) (JAN 2003)
(10) Clause 7-135, Payments (JAN 2003) (Payment means acceptance by the
inclusion of this clause.)
(11) Clause 7-140, Discounts for Prompt Payment (JAN 2003)
(12) Clause 7-150, Extras (JAN 2003)
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(5) for firm-fixed-price contracts, by 10 percent of the initial contract price or a
profit amount determined by the contracting officer from records or
documents in existence prior to the date of the contract award.
(c) The judiciary may, at its election, reduce a prime contractor's price or fee in
accordance with the procedures of paragraph (b) of this clause for violations of
the Act by its subcontractors by an amount not to exceed the amount of profit or
fee reflected in the subcontract at the time the subcontract was first definitively
priced.
(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the judiciary
may terminate this contract for default. The rights and remedies of the judiciary
specified herein are not exclusive, and are in addition to any other rights and
remedies provided by law or under this contract.
(end)
Provision 3-70, Determination of Responsibility
Include the following provision as prescribed in § 330.10.30(k) (Provisions and
Clauses).
Determination of Responsibility (JAN 2003)
A determination of responsibility will be made on the apparent successful
offeror prior to contract award. If the prospective contractor is found non-
responsible, that offeror will be rejected and will receive no further
consideration for award. In the event a contractor is rejected based on a
determination of non-responsibility, a determination will be made on the
next apparent successful offeror.
(end)
Provision 3-85, Explanation to Prospective Offerors
Include the following provision as prescribed in § 330.10.30(m) (Provisions and
Clauses).
Explanation to Prospective Offerors (AUG 2004)
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 soon enough to allow a reply to reach
all prospective offerors before the submission of their offers. Oral
explanations or instructions given before the award of the contract will not
be binding. Any information given by the contracting officer to a