N.0 The Contract
The Contract ("Contract") shall consist of the following in order of controlling priorities for priority in conflict between documents:
1. Individual terms and conditions;
2. The requisition issued under the Contract;
3. Any addenda issued by the ___________ Court ("Court");
4. The Request for Proposals ("RFP") for an Information System for the Court;
5. The selected Vendor's response document to the RFP; and
6. The executed agreement for hardware, software, training, and maintenance services between the selected Vendor and the Court.
N.1 Prime Vendor Responsibilities
The selected Vendor shall assume responsibility for all services and the system offered in the proposal whether or not it produces them. Further, the Court will consider the selected Vendor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the Contract.
N.2 Related Contracts
After award of the Contract, the Vendor shall not hire or use subcontractors not previously identified in the proposal without prior written approval from the Court. No subcontractor may be used to create any custom software absent approval by the Court. Any contract must include "work made for hire" language for the benefit of ownership by the Court. No approval is required for the purchase of articles, supplies, components or the procurement of mechanical services, provided those articles, supplies, components, or mechanical services do not include installation, programming, hardware, or other goods and services of the kind contemplated by the Contract. All work subcontracted shall be at the expense of the Vendor.
N.3 Time of Performance
This Contract shall be binding upon both parties upon receipt by the Vendor of a fully signed copy of the Agreement for Services and receipt of a fully executed Requisition.
N.4 Terms and Conditions
All pricing, terms and conditions submitted in the Vendor's responses shall remain firm for a period of one hundred twenty (120) calendar days after the scheduled RFP due date or a Requisition is issued, whichever is sooner.
N.5 Record Keeping Requirements
The Vendor shall maintain all financial records in a manner consistent with generally accepted accounting principles. Documentation to support each action shall be filed in a manner allowing it to be readily located. All disbursements made for the Contract shall be for obligations incurred in the performance of this Contract and shall be supported by contracts, invoices, vouchers, and other data appropriate to support the disbursements. All disbursements for the Contract shall be for obligations incurred only after the effective date of the Contract, unless specific authorization for prior disbursements has been given in writing by the Court. During the period covered by this Contract and until the expiration of five (5) years after final payment under the Contract, the Vendor agrees to provide the Court, its duly authorized representative, and any person, agency, or instrumentality providing the Court with financial support to the work undertaken hereunder with access to and the right to examine any books, documents, papers, and records of the Vendor involving transactions related to the Contract.
N.6 Entire Agreement
BY SUBMITTING A PROPOSAL, THE VENDOR ACKNOWLEDGES THAT IT HAS READ THIS RFP, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS REQUIREMENTS, TERMS AND CONDITIONS. THE VENDOR FURTHER AGREES THAT THE CONTRACT, AS OUTLINED IN THIS DOCUMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE CONTRACT. THE CONTRACT MAY BE MODIFIED ONLY IN WRITING, SIGNED BY THE VENDOR AND THE COURT. THE COURT RESERVES THE RIGHT TO DISQUALIFY ANY PROPOSALS THAT TAKE EXCEPTION TO OR LIMIT THE RIGHTS OF THE COURT UNDER THE REQUIREMENTS, TERMS, AND CONDITIONS OF THE RFP. FURTHERMORE BY PROVIDING THE COURT WITH A PROPOSAL BASED ON THE RFP, THE VENDOR EXPRESSLY WARRANTS THAT THE VENDOR'S PROPOSED SYSTEM WILL FULFILL THE REQUIREMENTS OF THE RFP EXCEPT AS SPECIFICALLY EXCEPTED BY VENDOR. SUCH EXCEPTIONS AFFECT CONSIDERATION OF DETERMINATION OF THE LOWEST AND BEST VENDOR.
N.7 Conflicts of Interest
No personnel of the Vendor or member of the governing body of any locality, or other public official or employee of any such locality in which, or relating to which, the work under this Contract is being carried out, and who exercises any functions or responsibilities in connection with the review or approval of the undertaking or carrying out of any such work, shall prior to the completion of said work, voluntarily acquire any personal interest, direct or indirect, which is incompatible, or in conflict with the discharge and fulfillment of such person's functions and responsibilities with respect to the carrying out of said work.
Any person who acquires an incompatible or conflicting personal interest, prior to, on, or after the effective date of this Contract, or who involuntarily acquires incompatible or conflicting personal interest, shall immediately disclose that interest to the Court in writing. Thereafter, such person shall not participate in any action affecting the work under this Contract, unless the Court determines that, in light of the personal interest disclosed, such person's participation in any such action would not be contrary to the public interest.
N.8 Headings
The headings used in this RFP are for convenience only and shall not affect the interpretation of any of the terms and conditions.
N.9 Governing Law - Severability
The validity, construction, and performance of this RFP and the resulting Contract and the legal relations among the parties to the RFP and resulting Contract, shall be governed by and construed in accordance with the laws of the State of STATE, including, without limitation, case law and administrative rules. Venue shall only be proper in ____________________ County, STATE. If any provision of the RFP and resulting Contract or the application of any such provision shall be held by a court of competent jurisdiction in STATE to be contrary to law, the remaining provisions of the RFP and resulting Contract shall remain in full force and effect.
N.10 Compliance with the Law
The Vendor agrees to comply with all applicable federal, state, and local laws in the conduct of the work under this Contract. The Vendor accepts full responsibility for payment of all taxes and insurance, including workers' compensation insurance premiums, unemployment compensation insurance premiums, all income tax deductions, and social security deductions for all work authorized by this Contract.
N.11 Responsibility for Claims
The Vendor agrees to indemnify, defend, and hold harmless the Court, its officers, agents, and employees from any and all liabilities, claims and losses resulting to any person, firm, or corporation who may be injured or damaged by the wrongful or negligent malfeasance, misfeasance, or nonfeasance of the Vendor's employees and the Vendor's products in the performance of the Contract. The Law Director of the Court shall represent the Court.
N.12 No Additional Waiver Implied
If the Court or the Vendor fails to perform an obligation or obligations under the Contract and that failure subsequently is waived by the other party, the waiver shall be limited to the particular failure so waived. Waiver by the Court shall not be effective unless it is in writing.
N.13 Default by the Vendor
The Court declares and the Vendor acknowledges that the Court may suffer damages resulting from the failure of the Vendor to act in accordance with the requirements, terms and conditions of the Contract. The Vendor agrees that the Court has not waived any of its rights or remedies concerning the failure of performance by the Vendor unless the Court executes a written waiver of rights or remedies.
Unless expressly stated elsewhere in the Contract, the Vendor agrees that it shall correct any failure of performance within ten (10) working days of written, oral or actual notice thereof. If the Vendor does not correct the failure or failures within the ten (10) working days, the failure or its lack of correction shall constitute default on the part of the Vendor.
If by reason of force majeure the Vendor is unable in whole or in part to perform under the Contract, the Vendor shall not be deemed in default during the continuance of such inability. As used in this document, the term "force majeure" means without limitation: acts of God; acts of public enemies; insurrection; riots; epidemics; lightning; earthquakes; fire; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; and explosions. After the force majeure has ceased, the Vendor shall remedy with reasonable dispatch its obligation(s) contained herein.
In the event the Vendor is unable to act in accordance with the Contract for a period of ten (10) working days by reason of force majeure, the Court shall have the right at its option to terminate the Contract and retains any part of the system that has been accepted upon payment by the Court to the Vendor for such part of the system.
N.14 Vendor Limitation of Liability and Remedies
The Vendor's entire liability and the Court's sole and exclusive remedies for claims related to or arising out of the Contract for any cause and regardless of the form of action, whether in contract or in tort, shall be as set forth in the Contract, including all legal and equitable remedies.
In the event of default as defined in Section N.13 the Vendor agrees to reimburse the Court for any actual and direct damages or actual and direct losses incurred by the Court. In the event that direct losses or direct damages are uncertain or difficult to ascertain, the Vendor agrees to pay the Court liquidated damages in the amount calculated by using the not-to-exceed fixed price amount in Section X, the Cost Summary, divided by 180 which yields a per day amount. Said payments shall accrue from the first day of a default, until the day that it is agreed to by the Vendor and the Court that the default has been remedied, or until 180 days from the first day of default, whichever is sooner. The Administrative Judge of the Court may, in writing, waive or delay the accrual of liquidated damages. In addition, the Vendor agrees that the Court shall have the right to terminate the Contract, either in whole or in part, without liability to the Court. The Vendor agrees that the calculated amount per day is not a penalty.
No delay or omission to exercise any right or option accruing to the Court upon any default by the Vendor shall impair any such right or option or shall be construed to be a waiver thereof, but any such right or option may be exercised from time to time and as often as may be deemed expedient by the Court.
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, THE VENDOR SHALL BE LIABLE FOR ANY PERSONAL INJURY OR DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY, CAUSED BY THE FAULT OR NEGLIGENCE OF THE VENDOR.
N.15 Indemnity
At its own expense, the Vendor shall defend any suit brought against the Court, including, but not limited to, its public officials and Court employees, based on a claim that the system or any part of the system furnished under this Contract infringes a United States Patent or Copyright or constitutes misuse or misappropriation of a trade secret, provided the Vendor is given prompt notice in writing of the suit and is given authority and information required for the defense of same. The cost of any suit, or damages for which the Court is liable that are attributable to the claim, shall be borne by the Vendor.
If the system or any part of the system furnished is likely to or does become subject to a claim of infringement of a United States Patent or Copyright or constitutes misuse or misappropriation of a trade secret, at its own expense, the Vendor shall do one of the following:
1. Obtain the right for continued use of the system or part of the system by the Court;
2. Modify or furnish a substitute for the alleged infringing system or part of the system for the Court;
3. Take back the system or part of the system subject to the Court's concurrence, and issue a refund to the Court for the depreciated value of the system or part thereof, calculated on a straight-line basis over six years. The Vendor shall not exercise the third option until the Court has evaluated the first two options. Any system or part of the system substituted under the second option shall be equivalent to or exceed in quality or performance of the original accepted system or part of the system. All options are subject to approval by the Court, provided that no prior approval or concurrence by the Court shall be required for removal of the system or part of the system if its use has been enjoined by a court of competent jurisdiction in STATE. If the use of the system or part of the system has been enjoined by a court of competent jurisdiction in STATE, the Vendor shall issue a refund to the Court as provided in option three above.
Vendor shall not have any liability to the Court under this indemnity clause for any claim that is caused by use of any system or part of the system in any manner for which it was not designed or by modifications to the Application Software by the Court without the Vendor's approval.
THE FOREGOING STATES VENDOR'S ENTIRE LIABILITY AND THE COURT'S SOLE REMEDIES FOR ANY LOSS OR DAMAGE ARISING FROM INFRINGEMENT.
N.16 Assignment
Neither this Contract nor any rights, duties, or obligations described in this Contract shall be assigned by either party without the prior written consent of the other party.
N.17 Cancellation of Contract
The Court reserves the right to cancel the Contract at any time, without cause, upon two (2) weeks written notice to the Vendor. At any time should the Court be dissatisfied with services received by the Vendor's personnel, the Court, in addition to the other remedies set forth in the Contract, shall have the right to request replacement personnel that the Vendor shall provide at no additional cost to the Court. The Vendor agrees to honor all such requests and replace personnel within ten (10) calendar days of written notice. The replacement personnel shall be comparably qualified and acceptable to the Court, which shall have the opportunity to interview replacement personnel before selection. The Court shall have approval as to all personnel replaced under both paragraphs of this Section.
Unless the Court terminates the Contract as provided in this section, the Vendor shall not remove any personnel without thirty (30) days prior written notice to the Court. The Vendor shall be prepared to replace such personnel. At least two (2) resumes for replacements shall be supplied within five (5) days of notifications to the Court that personnel are being removed or receipt of a request from the Court to remove personnel. The Vendor's obligations under the Contract shall continue notwithstanding the fact that Vendor personnel is being removed or receipt of a request from the Court to remove personnel. If the Vendor fails to give the notice required by this section, or if the replacement personnel are unacceptable, the Court shall have the right to terminate this Contract or demand new personnel as specified above and the Vendor agrees to reimburse the Court for all damages and expenses associated with locating replacement personnel. The rights and remedies of the Court set forth in this section shall not be exclusive of any other rights or remedies of the Court arising under the Contract or by operation of law.
N.18 Ownership
The Vendor hereby assigns, transfers, and conveys to the Court all rights, title, and interest in any computer software, computer hardware, systems design, source code, object code, work papers, and all other information, documents and material prepared by the Vendor for or in connection with the Contract. Computer software, systems design, source code, and all other information, documents, and materials prepared for or in connection with the Contract by the Vendor's personnel shall become the property of the Court. Work papers pertaining to the tasks and reports shall be made available, upon request, to the Court project manager or his or her representative for review, inspection, and, if desired, reproduction. Work papers shall be retained for at least three (3) years subsequent to the final payment required under the Contract. Under no circumstances can the Vendor prohibit or take any action to withhold any data related to the Court's software system from the Court or the public use. If this agreement should be terminated, the Court will be provided a reasonable time period no less than six (6) months to transfer data. The Court own all data and at no time in a dispute can the Vendor use data as a dispute item.
In addition, the Vendor shall grant to or obtain for or on behalf of the Court a perpetual, non-revocable, non-transferable, and non-exclusive license to use the software and documentation related thereto for each CPU provided hereunder unless otherwise stated herein. Such documentation shall include all operator and user manuals, training materials, programmer reference manuals, system administration guides, listings, specifications, and other materials necessary for the proper and successful use of the software. The Vendor shall deliver to the Court one (1) complete copy of the documentation.
The Court shall have the right, as part of the license granted hereunder, to make as many additional copies of the documentation as the Court deems necessary. The Court may make one (1) backup or archive copy of the software for the installation site.
N.19 Relocation of Hardware
The Court reserves the right to move the system acquired under the Contract.
1. The Court shall prepare a relocation site that conforms to the Vendor's specifications.
2. The Court shall arrange and pay for all transportation, rigging, drayage, and any other relocation charges as well as the time and materials of the Vendor.
3. Except in an emergency, the Court shall notify the Vendor at least thirty (30) days in advance of the relocation of any system that is not designated as customer set-up.
4. The Court shall require the Vendor to disconnect, pack, and crate the system for shipping, as well as all tasks associated with installation. Rearrangement of hardware within the same installation site for the Court's convenience shall be entirely at the Court's expense. At the Court's request, the Vendor may provide paid assistance and supervision at the Vendor's standard rates.
N.20 Travel Expenses
Any travel or per diem required by the selected Vendor to carry out its obligations under the Contract shall be identified as separate line items wherever they appear in the bid.
N.21 Method of Purchase / Billing
A Requisition shall be issued to purchase from the Contract. All line items that appear on any invoice for this RFP must have receipts or other appropriate documentation to support the expenditure and must be available upon request. Vendor shall submit an invoice in triplicate (one original and two copies) to the "Bill To" address on the Requisition.
A proper invoice must include the following information and/or attached documentation:
1. Name and address of business concern as designated in the Contract.
2. Federal Tax Identification Number of business concern as designated in the Contract.
3. Invoice remittance address as designated in the Contract.
4. The Requisition number authorizing the deliverable.
5. Description including time period, serial number when applicable, unit price, quantity and total price of the deliverable actually delivered or rendered as specified in the Purchase Order. If an invoice contains a defect or impropriety and/or it is not a proper invoice as defined in this section, a written notification and the improper invoice shall be sent to the business concern at the address designated for receipt of Purchase Orders within fifteen (15) calendar days after receipt of the invoice. The notice shall contain a description of the defect or impropriety and any additional information necessary to correct the defect or impropriety. If such notification has been sent, the required payment date shall be forty-five (45) days after the receipt of a proper invoice or system acceptance, whichever is later.
Payments under the Contract shall be due on the forty-fifth (45 th ) calendar day after the later of the date of actual receipt of a proper invoice in the office designated to receive the invoice or the date the system, materials, goods, supplies, or services are accepted in accordance with the terms of the Contract. The date of the warrant issued in payment shall be considered the date payment is made. Vendor payment shall not be initiated before an invoice is received.
The Vendor will invoice the Court as follows:
1. Ten (10) days following complete and successful installation, all hardware and networking costs can be billed to the Court providing:
A. The Vendor has supplied a notarized statement that states (1) the equipment is free and clear of any lien and that (2) the Court has free and clear title to all equipment; and
B. The Administrative Judge of the Court attests that installation is complete and successful.
2. Thirty (30) days following complete and successful installation, fifty percent (50%) of the remaining not-to-exceed, fixed-bid price as identified in the Section X, Cost Summary can be billed to the Court providing:
A. The Administrative Judge of the Court attests that the system is functioning acceptably.
3. Sixty (60) days following complete and successful installation, the remainder of the not-to-exceed, fixed-bid price as identified in the Section X, Cost Summary can be billed to the Court providing:
A. Successful completion of training has occurred; and
B. The Administrative Judge of the Court formally accepts the system as defined in section N.22.
N.22 Standards of Performance and Acceptance
System acceptance is dependent upon a sixty (60) day successful standard of performance as defined herein.
This section also applies to the system or part thereof submitted for product evaluation as well as replacement or substitutes for the system and the system which is field modified after the installation Site has completed a successful Performance Period.
1. The Performance Period shall begin on the date of complete and successful installation and shall end when the system has met the standard of performance identified in this RFP for a period of sixty (60) consecutive days by operating in conformance with the Vendor's technical specifications (as set forth in the Vendor's operations manual for the system ordered or as quoted in the Vendor's proposal) and in conformance with this RFP at an effectiveness level of 95% or more.
2. In the event the system does not meet the standard of performance during the initial sixty (60) days, the standard of performance test shall continue on a day-by-day basis until the standard of performance is met for a total of sixty (60) consecutive days.
3. If the system fails to meet the standard of performance after ninety (90) calendar days from the start of the Performance Period, the Vendor shall be in default. The Vendor shall not have ten (10) working days to remedy such a default notwithstanding Section N.13. Such default shall only be remedied when the Court agrees that a successful performance period has been completed. In addition to all the other rights and remedies conferred to the Court under the Contract (Section N.14), the Court reserves the right to request replacement of the system or terminate the order.
4. The effectiveness level for the system is computed by dividing the sum of the uptime by the number of working hours.
5. The system downtime is that period of time when any part of the system is inoperable due to failure.
6. During a period of downtime, the Court may use operable components of the system when such action does not interfere with repair of inoperable components of the system.
7. Downtime shall start from the time the Court notifies the Vendor's designated representative of the inoperable system until the system is returned in proper operating condition (rounded to the nearest quarter hour).
8. The system shall not be accepted nor the balance of charges paid until the Performance Period is complete.
9. Uptime and downtime shall be measured in hours and quarter hours.
10. Should it be necessary, the Court may delay the start of the Performance Period, but such delay shall not exceed thirty (30) consecutive days after the installation date. Unless otherwise mutually agreed to by the Court and the Vendor, the Performance Period must start not later than the thirty-first (31st) day after the installation date.
N.23 Hardware Warranty Terms and Conditions
1. Vendor warrants that the hardware furnished hereunder shall be new and not used or refurbished. Such hardware must have been manufactured within the last 12 months. In no event shall any hardware proposed for the system be an alpha or beta test product.
2. Vendor warrants that all hardware shall be free from defects in material and workmanship for a period of one (1) year after the date of its acceptance. At the option of the Court, the Vendor shall either repair, replace, or exchange any defective piece of hardware that the Vendor or the Court determines to be defective. The Vendor shall bear all costs and risks regarding the return of any defective piece of hardware.
3. Vendor warrants to the Court good and clear title to the hardware, free and clear of any liens, encumbrances, or security interests.
4. Vendor warrants that it shall provide remedial and preventative maintenance for the hardware at no additional cost during the one (1) year warranty period.
5. Furthermore the Vendor warrants all work will be done in a reasonable and workman-like manner.
6. Vendor warrants that it shall provide all parts and labor during the warranty period at no additional cost to the Court. All hardware maintenance shall be on-site at the Court, _____________________, CITY, STATE ZIP.
7. Vendor warrants that its proposal, including but not limited to its proposed system, shall meet or exceed all of the requirements of the Court as set forth in this RFP, including but not limited to the Court's functional, technical and maintenance requirements.
8. Vendor warrants that the system as a whole will have a 99% uptime or better during regular business hours.
9. Vendor warrants that any hardware maintenance performed under the Contract during the warranty period and the five (5) year maintenance agreement after the warranty shall be completed as follows:
A. Any fileserver, tape back-up unit or networking component shall, if defective or out of service, be repaired or replaced at the site not later than four (4) hours after notice to the Vendor.
B. Any problem resulting in the non-function of any modem or uninterruptible power system shall be repaired or replaced within eight (8) hours of notice to the Vendor.
C. Any multiple system failure or if more than one of the components of the system is non-functioning, it shall be under repair within four (4) hours.
D. All other hardware maintenance performed on products specified for this system shall be completed within three (3) days of notice to the Vendor. These same conditions are specified in Section D.8 for on-going maintenance.
ALL WARRANTY OR MAINTENANCE WORK SHALL BE COMPLETED IN ACCORDANCE WITH ITEMS A THROUGH D OR THE VENDOR WILL BE CONSIDERED IN DEFAULT. THE VENDOR WILL NOT HAVE TEN (10) WORKING DAYS TO REMEDY SUCH A DEFAULT. EXCEPT AS EXPRESSLY STATED IN THE CONTRACT, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
N.24 Software Warranty
During the one (1) year warranty period and five (5) year maintenance period identified in the maintenance proposal of Section X, the Cost Summary, which begins from the date of Acceptance of the software, Vendor warrants that when the software is delivered and installed, it will operate on the specified computer(s) in the manner as described in the relevant software documentation, in the vendor's RFP response, and in the Contract as defined in Section N.0.
For a period of five (5) years after the date of acceptance of the software, Vendor warrants that it shall:
A. Maintain the software to operate in a manner as described in the relevant software documentation, the Vendor's proposal, and the RFP;
B. Supply technical bulletins and updated user guides as they become available;
C. At the discretion of the Court, supply the Court with newer versions, updates, improvements, enhancements or modifications to the software and documentation purchased from the Vendor including all applications, utilities, development tools, operating systems and network operating systems as they become available;
D. Correct or replace the software and/or remedy any programming error (which is attributable to the Vendor); and
E. Service the software in a professional manner with qualified personnel.
The Vendor shall provide updated software documentation upon delivery of updated software releases. The Vendor acknowledges that said newer versions, updates, improvements, enhancements, and modifications to the software or documentation shall be subject to the provisions of the Contract. The Vendor warrants that it shall exert its best efforts to correct a programming error, which is attributable to the Vendor, provided that the Court notifies the Vendor of a problem with the software orally or in writing, and that the Court provides information sufficient to identify the problem. Such information includes, but shall not be limited to: error diagnostic messages, diagnostic memory dumps, operator console log, data file dumps, application program listing, and other written explanation and documentation of said problem.
N.25 Equal Employment Opportunity
In carrying out the Contract, the Vendor shall not discriminate against any employee or applicant for employment because of race, religion, national origin, color, sex, sexual orientation, age, handicap, or Vietnam-era veteran status. The Vendor shall ensure that applicants are hired, and that employees are treated during employment, without regard to their race, religion, national origin, color, sex, sexual orientation, age, handicap, or Vietnam-era veteran status. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
The Vendor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth that the Vendor complies with all applicable federal and state nondiscrimination laws. In all solicitations or advertisements for employees placed by or on behalf of the Vendor, the Vendor shall state that all qualified applicants will receive consideration for employment without regard to race, religion, national origin, color, sex, sexual orientation, age, handicap, or Vietnam-era veteran status. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its contracts for any of the work prescribed in this Contract (other than subcontracts for standard commercial supplies or raw materials), and will require all of its subcontractors for any part of such work to incorporate such requirements in all subcontracts for such work.