RAT_Solicitation_2018-1RAT.pdf

SOLICITATION, OFFER, AND AWARD

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

18-1RAT

4. TYPE OF SOLICITATION 5. DATE ISSUED

7/5/2018

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP) X

7. ISSUED BY CODE

United States Probation and Pretrial Services Office

For the District of Maryland

Attn: Karen Sellinger

250 West Pratt Street, Suite 400

Baltimore, MD 21201-2423

8. ADDRESS OFFER TO (If other than Item 7) karen_sellinger@mdp.uscourts.gov

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

SOLICITATION

9. Offers to furnish the supplies and services in the Schedule must be e-mailed to the contracting officer at the e-mail address shown in Block 10. It is the responsibility of the offeror to ensure that the offer is received by the U.S. Probation and Pretrial Services not later than __5 pm_____ local time on July 20, 2018.

CAUTION - See Section L, Provision No. 3-100 for information about LATE Submissions, Modifications, and Withdrawals All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CONTACT:

A. NAME

Karen Sellinger, Contracting Officer

B. TELEPHONE C. E-MAIL ADDRESS

karen_sellinger@mdp.uscourts.gov

AREA CODE

NUMBER

962-4969

EXT.

11. TABLE OF CONTENTS

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES CONTRACT

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE

X G CONTRACT ADMINISTRATION DATA X L INSTRS., CONDS., AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS X M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes a minimum offer acceptance period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDER DAYS(%) 20 CALENDER DAYS(%) 30 CALENDER DAYS(%) CALENDER DAYS(%)

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

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

OFFER (Type or Print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (if other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) Karen Sellinger karen_sellinger@mdp.uscourts.gov

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Judiciary Standard Form 33 mailto:karen_sellinger@mdp.uscourts.gov

Solicitation 18-1RAT

Section B - Supplies or Services and Prices/Costs

B-1 Pricing Schedule

CLIN

NO.

Contract

Period

Supplies or

Services

Active Units

Monitored Daily

During Contract

Period

Price Per

Active Unit

Per Day

Extended

Amount*

1000 Base Period

8/01/2018-

9/30/2018

Remote Alcohol

Detection 37 $_________ $_________

1001 Option Yr. 1

10/01/2018-

9/30/2019

Remote Alcohol

Detection $_________ $_________

1002 Option Yr. 2

10/01/2019-

9/30/2020

Remote Alcohol

Detection $_________ $_________

TOTAL CONTRACT CEILING PRICE

B-2 Pricing Notes

(1) Calculate extended price by multiplying Average # of Units Monitored Daily x Price Per

Active Unit Per Day x 365.

(2) Total Contract Ceiling Price should equal total of Extended Price for all items, including base plus option years.

(3) The quantities listed in the “# of Active Units Monitored Daily During Contract Period” column in the Pricing Schedule are estimates of the average number of active units being monitored on a daily basis. They are estimates only and do not represent a commitment by the

Government to purchase specific quantities of the requested services.

(4) The rates stated in the "Price Per Unit Per Day" column of the Pricing Schedule shall be fully burdened fixed rates for the required equipment and services.

(5) This is a requirements contract for the services/products identified. See Clause 4-20, Requirements, in Section I, for further information.

(6) The maximum and minimum order limitations are prescribed in Section 1, Clause 4-10

Ordering Limitations..

(7) This contract may be incrementally funded. See Section I, Clause 4-170, Limitation of

Obligations for additional information.

Section C - Descriptions/Specifications/Statement of Work

C-1 Statement of Work

C.1 Overview

The vendor is required to provide remote alcohol monitoring equipment and services complying with requirements stated in this solicitation, for offenders and defendants under community supervision by the United States Probation and Pretrial Services Offices for the District of Maryland (Judiciary or PPSO).

The vendor shall provide equipment that performs random alcohol testing in the defendant/offender’s home, as well as any location in the community. The equipment shall detect the presence of alcohol and shall have the capacity to wirelessly transmit results and alerts in real time. The device shall provide automated reminders and alerts for breath tests. The vendor shall continuously monitor equipment to ensure it remains in optimal operational condition and the vendor is responsible for providing alerts and taking other measures to mitigate consequences in the event of any malfunction in equipment provided by the vendor, or failure by the vendor to perform required services, under this contract. The vendor shall be responsible for replacing all lost, stolen or damaged equipment at no additional cost to the Judiciary.

The vendor must have demonstrated satisfactory performance of comparable projects for other agencies and provide references.

Remote Alcohol Monitoring Equipment Requirement - The device shall be capable of taking a deep lung sample from the participant’s breath and compare it to a calibrated breath alcohol standard which is stored in the system’s memory or video imaging solutions. The device shall also use facial recognition technology to confirm the individual’s identify during each breath test.

The system shall conduct tests that do not respond to natural gas or acetone and provide functionality to avoid false positives.

C.2 Testing Equipment Requirements

C.2.1 Fully tested Equipment. At the time of the proposal submission, all proposed monitoring equipment shall have passed beta testing. A beta test is a period in the development of hardware and software where it is tested by groups of people who would be typical users.

Defendant/offenders use the product normally and often report back on any problems that have (bugs) or with feedback on basic usability and navigation. Beta testing follows a period called an alpha test. Before the product can be released from beta testing, the product must be usable and no firmware and/or software changes necessary. Products that have not completed beta testing are unacceptable.

C.2.2 User Verification. The device shall verify the identity of the defendant/offender by utilizing a digital imaging recognition verification process.

C.2.3 Variable Testing Interval. The system shall provide for testing to be conducted at random or fixed intervals that can be set by the officer on a per defendant/offender basis based on the risk of the defendant/offender. They system must be capable of testing at least 4 scheduled and 2 random tests during a 24 hour period. The system’s testing intervals shall allow for testing that is randomly generated by computer, scheduled by the monitoring staff and/or conducted by the Probation Officer (officer).

C.2.4 Tamper Detection. The device shall include tamper detection features to detect and report tampering and ensure the PPSO receives accurate information. Tampers shall be reported to the officer as indicated in Section C.5.

C.2.5 Power Supply. The device shall contain a battery operated backup system that will permit the device to continue functioning for a minimum of 12 hours in the event of an electrical power outage and/or disconnection.

C.3 Monitoring Center Facility Requirements

C.3.1 Continuously Operating Monitoring System. The vendor shall provide a centrally located monitoring center with a monitoring system to receive, store, and disseminate information generated by the monitoring equipment and system. The vendor shall staff the monitoring center continuously, 24 hours a day, 7 days a week, and provide 24/7 technical assistance and/or troubleshooting capability

C.3.2 Facility Security. The monitoring center and/or facility shall be located at a secure location where access to the center and all records is restricted only to authorized individuals.

C.3.3 Security Safeguards for Monitoring System Information. The vendor shall implement security safeguards to prevent unauthorized access to monitoring data inside the monitoring facility by monitoring employees or other staff. The vendor shall provide a listing of the employees authorized to make changes or modify defendant/offender data or other government program settings should this be requested by the Contracting Officer (CO). The vendor shall also detail how the company determines and maintains this authorization to employees.

The network security strategies shall include:

(1) Intrusion detection which monitors and defends against known attacks, hackers and viruses.

A firewall

Web architecture that consists of an internet server that is kept separate from the internal computer systems

Anti-virus software on all servers.

Security patches from various hardware and software contractors applied to each system on a priority and timely basis in accordance with the identified risk.

(2) Redundant network and environmental facilities (e.g. power, HVAC) required for hardware and environ- mental systems.

(3) Automated system monitoring:

Monitoring System Availability

Monitoring System Availability, Unscheduled Downtime

(4) Comprehensive application monitoring tools that detect and report outages, inconsistent behavior, and daily activity.

C.3.3 Continuous Operational Plan. The vendor shall ensure continuous operation in the event of a server problem and/or natural disaster, including generating alerts, and maintaining the overall integrity of the data at all times. A redundant server capable of performing these functions at all times shall be in place at a separate location. In the event that remote access is temporarily inoperable, the vendor’s staff shall implement a contingency plan to manually detect and notify PPS Officers of all events and otherwise respond to all inquiries from PPS Officers. Internet sites shall be mobile and compatible with judiciary standard software, currently Windows 7, Windows 10, and Microsoft Office Suite 2010. The vendor shall provide immediate notification when the website returns to an operational state.

The vendor shall immediately notify the CO of any network, server, software, or equipment problem.

To support the vendor’s ability to monitor continuously and without interruption and to prevent data loss from system failure or disaster, strategies required to protect program data shall include the following:

Redundant electronic monitoring computer systems that include server architecture consisting of:

A primary server that has capability to “write” to a redundant server without any delay in event posting and/or notifications

The redundant server shall be located in the secondary data facility

Continuous copying of all data from the primary server copies to the separate redundant server so that both servers contain the same data at the same time. This ensures that no data is lost and there are no delays in event posting and notifications if the primary server fails. The architecture supports a disaster situation/solution, as well as providing a layer of isolation in the event of repairs or localized outages (network, virus containment) and during preventive maintenance.

In addition to the real-time backup of data to the redundant server, all data shall back up to tape

(CDs) on a daily, weekly, and monthly basis. All weekly tapes (CDs) are to be kept at a secure offsite storage facility for five years. Daily and monthly tapes (CDs) are to be kept in a fireproof safe onsite, allowing the ability to re- store any monitoring system from the previous day’s data in the event of a system failure.

During any power outage or power surge, the vendor shall provide and employ generators to continue power through-put including uninterrupted power supply systems that can handle additional loads.

The vendor shall “suspend” charging the daily rate any time there are inoperable units which are not the fault of the government, including in the event of a natural disaster.

The vendor shall maintain a contingency plan for movement to a backup monitoring system within a minimum of 12 hours following a monitoring system malfunction. The plan shall be approved by the CO to any movement to a backup monitoring system.

C.3.4. Relocation. The vendor shall not relocate the monitoring center, or any of the operations of the monitoring center, to a separate location unless the CO is notified in advance and permitted to inspect the proposed location and operations for compliance with contract requirements.

C.3.5 Inspection. Upon request of the CO, the vendor shall demonstrate this capability through test or inspection.

C.4 Remote Access to Monitoring Data by Judiciary Personnel

C.4.1. Remotely Accessible Data Collection System. The vendor shall provide officers with the capability to remotely access upon demand (without need for intervention by or assistance from the vendor) the monitoring systems a\data and view, print, download, and enter/modify defendant/offender monitoring information. The officers will use government-furnished electronic communications transmission systems and protocols (e.g., File Transfer Protocol (FTP), Hyper Text Transport Protocol (HTTP, HTTPS, or email) to send and receive monitoring information to and from the vendor, and the vendor is not responsible for providing the electronic communications equipment used by officers for retrieving and transmitting information.

C.4.2 Data Fields for Customization. The vendor shall provide one or more additional definable fields to allow for local customization of the data collection system to allow the PPSO to input and maintain information it deems necessary. The vendor’s data system shall permit the user to query, sort and/or search the database by any field. The system shall have the capability to create a separate report containing case information for each officer’s assigned cases.

C.4.3 Optimal Automation. The remotely accessible system shall minimize the need for user interaction to create and store reports whenever possible. For example, the system should be capable of permitting scheduling automatic off-hours production of batches of reports. The system shall automatically retain at least the ten most recent updates to each record, and including recording the login ID of the user making the update and the date of update.

C.4.4 Management/Supervisor Access. The remotely accessible system shall provide a separate management/supervisor interface that allows PPSO supervisors to effectively oversee usage of the monitoring system by officers that they supervise. The system shall provide supervisor’s reports, including caseload by officer, total units, inventory control, and names of defendant/offenders and number of days removed for violation.

C.4.5 System Security. The remotely accessible system shall have an adequate security infrastructure to prevent unauthorized users from gaining access to defendant/offender data. The system shall have an appropriate security monitoring system at multiple levels (e.g., HTTPS, SSL, firewall, database). The security system shall provide information on attempted intrusions and other relevant or useful information that can be reported for further investigation and referral for criminal action. The vendor shall provide security codes to the remote users to guarantee the security of data modifications made remotely or over communications systems/lines with the monitoring system or manually on the telephone through a monitoring center employee.

C.4.6 The remotely accessible database/system shall capture each officer's access and utilization of the system and provide to officers the ability to effect defendant/offender enrollment/removal and modification, and to review co-payment summaries, daily alert summary reports and other customized monthly reports identified by the CO.

C.4.7 Contingency Plan for System Failure. The vendor shall maintain contingency plans for system failures, and shall provide copies of such plans to the CO, upon request.

C.5 Notification of Failed Tests and Noncompliance with Equipment

Upon the occurrence of any failed or missed test (including failure to confirm visual image) and/or noncompliance with equipment (power loss, tampers and battery issues), the monitoring system shall notify the assigned officer within one hour and, as established by the PPSO protocol, shall include email, telephone call, text and or any combination of the three.

The vendor’s system shall be capable of providing for multiple notifications to multiple persons/agencies by telephone, text message or email.

C.6 Information about Contractor System Architecture

The vendor shall maintain and provide information to the CO, upon request, about the system architecture of the vendor’s monitoring system, including hardware, software, and power source(s).

C.7 Training

At the request of the PPSO, the vendor shall provide at least one on-line training session for each officer concerning the operation and installation of the monitoring equipment and software systems specified under this contract. This training shall be offered in the form of a WebEx and/or any similar on-line training.

The vendor shall also offer a WebEx/on-line training and/or hands-on training for any new technology, transition to new technology, and/or training on standard and customized reports that are designed to assist officers in managing caseloads more efficiently and supervisors in providing oversight of officers who supervise defendants/offenders.

C.8 Overnight Delivery of Required Notices

In case of equipment or communication line failure, the vendor shall provide delivery of required notices (alerts, daily reports, violations etc.) by overnight delivery guaranteeing no interruption in service to the PPSO.

C.9 Billing for Active Units

The vendor shall bill the PPSO only for units that are actively in use. The PPSO shall not pay for equipment that is not in use (e.g., inactive units, shelf stock, etc.). Billing shall terminate once an officer notifies the vendor that monitoring has been terminated. Shelf inventory shall consist of two units per divisional office or 10% of active units – whichever is greater.

C.10 Testimony Preparation and Appearance

The vendor shall, upon receipt of a subpoena, appear and testify in any legal proceedings convened by the court. Reimbursement for subpoenaed testimony shall be through the Department of Justice or an applicable entity and may be based on a witness fee and expense schedule. Any such costs are outside the scope of this contract. The PPSO will provide any necessary consent/release forms that federal, state, or local law require it to provide.

If required to provide testimony, the vendor shall send the person or persons with direct responsibility for the information requested to appear and testify on behalf of the PPS Office.

The vendor shall notify the PPSO immediately upon receipt of any legal process requiring disclosure of records of defendant/offenders.

C.11 Ethical Standards

The vendor, subcontractors and their employees shall avoid compromising relationships with defendant/offenders, their families, and the PPSO staff. The vendor shall report any conflicts of interest (including the existence of personal relationships between any employees and any defendant/offender being monitored or family member of a defendant/offender being monitored), improprieties, or the appearance thereof, immediately to the CO.

C.12 Staffing Requirements

The vendor’s staff providing services under this contract shall meet sufficient standards of integrity to ensure that the confidentiality of defendant/offender records is not compromised. The vendor shall ensure that its staff does not disclose information to any third party without written authorization of the PPSO.

C.13 Staff Requirements and Restrictions

The vendor shall ensure that:

(a) Persons currently under pretrial services, probation, parole, mandatory release, or supervised release (federal, state or local) shall not perform services under this agreement nor have access to defendant/offender files.

(b) Persons charged with or under investigation for a criminal offense shall not perform services under this agreement nor have access to defendant/offender files unless approved in writing by the CO.

(c) Persons convicted of any sexual offense (including but not limited to child pornography offenses, child exploitation, sexual abuse, rape or sexual assault) required under federal, state, or local law to register on the Sexual Offender registry shall not perform services under this agreement or contract, nor shall they have access to defendant/offender files unless approved in writing by the CO.

(d) It does not employ, contract with, or pay any defendant/offender or defendant’s/offender’s firm or business to do any work for the vendor either at the vendor’s facilities or personally for any of the vendor’s employees during the period of this agreement.

C.14 Contractor Key Personnel.

The vendor’s point of contact (POC) is considered key personnel by the PPSO under this contract. Before replacing any POC for this contract, the vendor shall notify the Contracting officer in accordance with the Key Personnel Clause 2-65, Section H.

The vendor shall provide one employee who shall be responsible for all work performed under this contract. The employee shall serve as the POC for discussing and resolving all administrative or technical problems and answering any questions involving the contract with the CO. The POC shall be a full time employee of the vendor.

During any absence of the POC, only one alternate shall have full authority to act for the vendor on all matters relating to work performed under this contract.

The POC shall be available to the PPSO via telephone and/or email between the hours of 8:00

AM and 5:00 PM Eastern Standard Time, each business day and shall respond to requests promptly.

C.15 Records and Reports

The vendor shall maintain for inspection and examination by authorized PPSO personnel all defendant/offender records associated with the contract for the contract life. At the end of the contract life, all records shall be provided to and become the exclusive property of the PPSO.

C.16 Quality Control Program

The vendor shall have a documented Quality Control Program in place that shall detect errors in monitoring, prevent future errors, and provide quality assurance for the services provided under this contract. The Quality Control Program shall include a routine review process that addresses all areas of the vendor’s performance and each service described in this contract, the results of which shall be made available to the PPSO at its request.

C.17 Equipment and Service Upgrades/Improvements

Throughout the life of the contract, the vendor shall provide the PPSO with the most recent generation of equipment that has completed final beta testing. All equipment provided under this contract shall have completed final beta testing and shall be ready for release by the vendor. All equipment and service upgrades or changes shall be submitted, in writing, to the CO for approval. System upgrades, improvements and/or software fixes shall be provided by e-mail for dissemination to all users with a “cc” notification to the CO.

C.18 Status Meetings

Status meetings and/or conference calls will take place between the vendor and the government as requested by the CO.

C.19 Direct Payment by Participants (Copayments)

At the direction of the officer, and/or in response to an order of the court, participants may be ordered to pay for all or part, of the cost of monitoring. The PPSO will require the vendor to process payments from participants and provide the government with a monthly invoice that shows all copayment funds received during the billing period.

The PPSO will indicate copayment requirements, including the amount to be paid each month, upon enrolling participants into the monitoring services as instructed by the officer. Where full payment is ordered, the vendor shall bill the participant at the same unit price as awarded.

The vendor shall provide a payment agreement for the participant’s signature that reflects the total amount to be paid during a designated monitoring period, the monthly payment amount and the amount currently due. The vendor shall bill the participant for the agreed monthly payment amount due for monitoring services to be provided. The vendor may require that the participant pay for services by certified check or money order only.

C.20 Monthly Invoice from Contractor to Judiciary.

Each monthly invoice shall identify, by name, the participants who have made payment, amount of their payments, and the invoice to which the amount is credited. Where participants pay all or part of the costs of monitoring, the vendor shall credit all received copayments to the monthly billing period in which charges were incurred. The total amount owed by the Judiciary will be the total cost of all monitoring, less any funds the vendor receives from participants for a specified monthly billing period. Invoices must be separated for pretrial and post-conviction.

Should a participant overpay the amount specified in the payment agreement the vendor will provide an automatic refund to the participant. Overpaid funds of $5 or more will be refunded to self-pay participants having been inactive in the vendor’s monitoring system for at least 30 days but no more than 90 days. Refund checks shall be mailed directly to the participants address.

The vendor shall no longer bill participants once their period of supervision has been terminated.

Section D - Packaging and Marking

2-45 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 vendor 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)

Section E - Inspection and Acceptance

The following clauses are incorporated by reference into this Section E. For further information on clauses incorporated by reference, see Clause B-5 in Section I below.

Clause Title Date

2-5B Inspection of Services APR 2013

Section F - Deliveries or Performance

F-1 Clauses Incorporated by Reference

The following clauses are incorporated by reference into this Section F. For further information on clauses incorporated by reference, see Clause B-5 in Section I below

2-25A Delivery Terms and Contractor's Responsibilities JAN 2003

2-60 Stop-Work Order JAN 2010

F-2 Period of Performance - Orders

The period of performance for any task will be defined in each order, but shall not exceed one-year.

F-3 Delivery of Equipment

All items shipped will be delivered to the address listed on individual orders. The vendor shall ship all units within 24 hours of receiving the order to the PPS Office and notify the COR of any delays in shipping.

F-4 Delivery of Defendant/Offender Records

The vendor shall make available all records relating to a defendant/offender upon request in accordance with a written request from the COR or PPS Officer within 48 hours.

F-5 Monthly Contracting Officer Representative Report

Monthly reports shall be provided to the CO detailing tests and findings on non-operational equipment (e.g. false positives, equipment failures). Each report shall indicate the name of the participant previously associated with the equipment. Any required reports may be on a combined or individual basis.

Not later than the 5th (fifth) day of each month during the contract period, the Contract shall submit to the COR a monthly report that includes the number of active units and expenses associated with each service category (remote alcohol monitoring and transdermal alcohol monitoring) and reflect any co-payment submitted towards the costs of services.

The above reports shall also be made accessible remotely to the CO through the vendor’s web services platform.

Section G - Contract Administration Data

G-1 Clauses Incorporated by Reference

The following clauses are incorporated by reference into this Section G. For further information

7-1 Contract Administration JAN 2003

7-5 Contracting Officer's Representative APR 2013

7-125 Invoices APR 2011

7-10 Contractor Representative JAN 2003

(a) The vendorr's representative to be contacted for all contract administration matters is as follows

(vendor completes the information)

Name: _____________________________________________

Address: ____________________________________________

Telephone: __________________________________________

E-mail: _____________________________________________

Fax: ________________________________________________

(b) The vendor’s representative shall act as the central POC with the PPSO, shall be responsible for all contract administration issues relative to this contract, and shall have full authority to act for and legally bind the vendor on all such issues.

G-2 Ordering Process

Officers designated by the CO will issue orders for the delivery of equipment and services to participants. Orders issued under the contract shall specify the type of equipment, unit price, period of performance, a not to exceed dollar amount and tracking number for each order.

Daily charges at the fixed daily rates identified in Section B of the contract shall commence upon the successful activation of the unit on the participant.

Section H - Special Contract Requirements

H-1 Clauses Incorporated by Reference

The following clauses are incorporated by reference into this Section H. For further information

1-1 Employment by the Government JAN 2003

2-65 Key Personnel APR 2013

(a) Individuals identified below as key personnel and accepted for this contract are expected to remain dedicated to this contract. However, in the event that it becomes necessary for the vendor is to replace any of the individuals designated as key personnel, the vendor 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 CO, including the information required in paragraph (5) of this provision.

(4) The following identifies the requirements for situations where individuals proposed as key personnel become unavailable because of sudden illness, death or termination of employment.

The vendor shall within 5 work days after the event, notify the CO in writing of such unavailability. If the event happens after award, the CO will determine if there is an immediate need for a temporary substitute and a continuing requirement for a permanent substitute for the key personnel position. The CO will promptly inform the vendor of this determination. If CO specifies that a temporary substitute is required, the vendor shall as soon as is practical identify who will be performing the work as a temporary substitute. The temporary substitute will then start performance on a date mutually acceptable to the CO and the vendor. Within 15 work days following the event, if the CO specifies that a permanent substitute is required, the vendor shall submit, in writing, for the COs approval, the information required in (5) and (6) below, for a proposed permanent substitute for the unavailable individual. The approval process will be the same as (7) below.

(5) Request for substitution of key personnel shall provide a detailed explanation of the circumstances necessitating substitution, a resume of the proposed substitute, and any other information requested by the contracting officer to make a determination as to the appropriateness of the proposed substitute's qualifications. All resumes shall be signed by the proposed substitute and his/her formal (per company accepted organizational chart) direct supervisor or higher authority.

(6) As a minimum (or as otherwise specified in the solicitation), resumes shall include the following:

(a) name of person;

(b) functional responsibility;

(c) education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours);

(d) citizenship status;

(e) experience including, in reverse chronological order for up to ten years, area(s) or work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descriptions of experience for each position held including specific experience related to the requirements of this con- tract; and

(f) certification that the information contained in the resume is correct and accurate (signature of key person and date signed, and signature of the supervisor or higher authority and date signed will be accepted as certification).

(7) The contracting officer will promptly notify the Contractor in writing of his/her approval or disapproval of all requests for substitution of key personnel. All disapprovals will require re-submission of another proposed substitution within 15 days by the Contractor.

(b) The following individuals are designated as key personnel under this contract: [Contracting Officer to add names upon contract award]

Section I - Contract Clauses

I-1 Clauses Incorporated by Reference

The following clauses are incorporated by reference into this Section I. For further information on clauses incorporated by reference, see Clause B-5 included in full text below.

1-5 Conflict of Interest AUG 2004

1-10 Gratuities or Gifts JAN 2010

1-15 Disclosure of Contractor Information to the Public AUG 2004

3-25 Protecting the Judiciary's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2014

3-35 Covenant Against Contingent Fees JAN 2003

3-40 Restrictions on Subcontractor Sales to the Government JUN 2014

3-45 Anti-Kickback Procedures JUN 2012

3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JUN 2012

3-55 Price or Fee Adjustment for Illegal or Improper Activity JUN 2012

3-105 Audit and Records APR 2011

3-120 Order of Precedence JAN 2003

3-205 Protest after Award JAN 2003

4-5 Ordering APR 2013

4-20 Requirements APR 2013

6-40 Federal, State, and Local Taxes JAN 2003

7-15 Observance of Regulations/Standards of Conduct JAN 2003

7-20 Security Requirements APR 2013

7-25 Indemnification AUG 2004

7-30 Public Use of the Name of the Federal Judiciary JUN 2014

7-35 Disclosure or Use of Information APR 2013

7-85 Examination of Records JAN 2003

7-100B Limitation of Liability (Services JAN 2003

7-110 Bankruptcy JAN 2003

7-130 Interest (Prompt Payment) JAN 2003

7-135 Payments APR 2013

7-140 Discounts for Prompt Payment JAN 2003

7-150 Extras JAN 2003

7-175 Assignment of Claims JAN 2003

7-185 Changes APR 2013

7-210 Payment for Emergency Closures APR 2013

7-215 Notification of Ownership Changes JAN 2003

7-220 Termination for Convenience of the Judiciary (Fixed Price) JAN 2003

7-230 Termination for Default - Fixed-Price Products and Services JAN 2003

7-235 Disputes JAN 2003

I-2 Clauses Included in Full Text

B-5 Clauses Incorporated by Reference SEP 2010

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

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

2-50 Continuity of Services JAN 2003

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

(1) furnish phase-in training, and

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

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

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

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

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

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The

Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the

Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

2-90C Option to Extend Services APR 2013 The judiciary may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The contracting officer may exercise the option by written notice to the Contractor within 30 calendar days prior to the then current expiration date of this contract.

2-90D Option to Extend the Term of the Contract APR 2013

(a) The judiciary may extend the term of this contract by written notice to the contractor within

30 calendar days prior to the then current expiration date of this contract; provided that the judiciary gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days [60 days unless a different number of days is inserted] before the contract expires.

The preliminary notice does not commit the judiciary to an extension.

(b) If the judiciary exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

4-10 Order Limitations JUN 2014

(a) Minimum Order

When the judiciary requires products or services covered by this contract in an amount less than

________ (contracting officer insert minimum dollar amount or quantity), the judiciary is not obligated to purchase, nor is the contractor obligated to furnish, those products or services under this contract.

(b) Maximum Order

The contractor is not obligated to honor:

(1) any order for a single item in excess of ________ (contracting officer insert maximum dollar amount or quantity);

(2) any order for a combination of items in excess of ________ (contracting officer insert maximum dollar amount or quantity); or

(3) a series of orders from the same ordering office in the course of _____ days (contracting officer specify) that together call for quantities exceeding the limitations stated in subparagraph

(b)(1) or (b )(2) above.

(c) If this is a requirements contract, (i.e. includes Clause 4-20, Requirements) the judiciary is not required to order a part of any one requirement from the contractor if that requirement exceeds the maximum-order limitations stated in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) of this clause, the contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _____ days (contracting officer specify) after issuance, with written notice stating the contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the judiciary may acquire the products or services from another source.

(END)

4-170 Limitations of Judiciary's Obligation JUN 2014

(a) Contract line item(s) ______ is/are incrementally funded. The sum of [$_______] is presently available for payment and allotted to this contract. An allotment schedule is contained in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the judiciary, including reimbursement in the event of termination of those item(s) for the judiciary’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The judiciary will not be obligated in any event to reimburse the

Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Judiciary.”

As used in this clause, the total amount payable by the judiciary in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the contracting officer in writing at least ninety days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the judiciary, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s).

The notification will state: (1) the estimated date when that point will be reached; and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the contracting officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the contracting officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled

“Termination for Convenience of the Judiciary.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the judiciary to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

(f) The judiciary may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the judiciary under the clause entitled “Termination for Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and

(e) of this clause.

(h) Nothing in this clause affects the right of the judiciary to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Judiciary.”

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. § 1342.

(j) The parties contemplate that the judiciary will allot funds to this contract in accordance with the following schedule:

On execution of contract $ ________

(month) (day), (year) $ ________

(month) (day), (year) $ ________

(month) (day), (year) $ ________

(END)

7-75 Subcontracts JAN 2003

(a) Definitions. As used in this clause:

"Approved Purchasing System" means a contractor's purchasing system that has been reviewed and approved in writing.

"Consent to Subcontract" means the contracting officer's written consent for the contractor to enter into a particular subcontract.

"Subcontract" means any contract entered into by a subcontractor to furnish products or services for performance of the prime contractor a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) This clause does not apply to subcontracts for special test equipment.

(c) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced purchase/delivery/task orders), and only if required in accordance with paragraph (d) or (e) of this clause.

(d) If the contractor does not have a written approved purchasing system, consent to subcontract is required for any subcontract that:

(1) is of the cost-reimbursement, time-and-materials, or labor-hour type; or

(2) is fixed price and exceeds either the judiciary's small purchase threshold or five percent of the total estimated cost of the contract.

(e) If the contractor has a written approved purchasing system, the contractor nevertheless shall obtain the contracting officer's written consent before placing the following contracts:

Contracting officer's consent must be approved before placing ANY subcontracts

(f) (1) The contractor shall notify the contracting officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (c), (d), or (e) of this clause, including the following information:

(i) a description of the products or services to be subcontracted;

(ii) identification of the type of subcontract to be used;

(iii) identification of the proposed subcontractor;

(iv)…