9594CS18Q0087_Vocational_and_Life_Skills_Training_-_9-7-18.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

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OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

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RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

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DATED . . YOUR OFFER ON SOLICITATION

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8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

CJP180003 40

9594CS18Q0087

William E. Hall, william.hall@csosa.gov 202-220-5717

Net 30

See Section F Same as Block 9

Court Services and Offender Supervision Agency Office of Financial Management 800 N. Capitol St., NW, Seventh Floor Washington, DC 20002-4260

Reggie R. James

611699

$11.0M

09/07/2018

09/18/2018

12:00 PM

Court Services and Offender Supervision Agency Office of Procurement 800 N. Capitol St., NW, Suite 7066 Washington, DC 20002-4260

Vocational Training and Life Skills Intervention Solicitation 9594CS18Q0087

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Services

Contractor shall provide services in accordance with the Statement of Work (Section C).

B.2 Contract Type

This is a Fixed Price task order with unit rates. Quantities are Not-to-Exceed the allotted quantities and cost associated with each CLIN.

B.3 Contract Funding

This task order is incrementally funded in the amount of $ TBD. Additional funding will be added by a task order modification. (To be removed upon award if fully funded.). The Contractor is not authorized to exceed the obligated amount on this task order. Per Section F.1, this task order has a base period of twelve (12) months with four (4) twelve (12) month Option Periods.

B.4 North American Industry Classification System (NAICS) and Small Business Size Standard

The NAICS Code for this task order is 611699, All Other Miscellaneous Schools and Instruction, and the small business size standard is $11.0M.

B.5 Contract Line Item Structure

Below is the task order price schedule for each period of performance.

B.5.1 Base Period – 12 months from date of award

(End of Section B)

Line Item Description Quantity Unit Unit Price Total Price

0001 Curriculum 1 Lot

0002 Vocational Training & Life Skills Group Sessions

52 Session

Guest Presenter: Specialist Presentation on Music Industry Skills 52 Session

Base Period Total

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Agency Background

The mission of the Court Services and Offender Supervision Agency (CSOSA) is to increase public safety, prevent crime, reduce recidivism, and support the fair administration of justice in close collaboration with the community. CSOSA is responsible for the supervision of all probationers and parolees held under the authority of any United States or District of Columbia statute, or any other lawful authority and entrusted to the District. CSOSA has been mandated to provide comprehensive treatment services to offenders (hereinafter referred to as Clients) who have been ordered to undergo such treatment by the courts, either as part of a sentence or pre-sentence, or as a condition of probation or parole.

C.2 Objectives

C.2.1 The objective for this task order is for the Contractor to deliver Vocational Training and Life Skills Intervention group sessions to offenders engaged in CSOSA’s Community Engagement and Achievement Center (CEAC)/Vocational Opportunities for Training, Education and Employment.

C.2.2 The mission of the CEAC is to enhance risk containment of CSOSA’s high-risk offenders by coordinating programming and support services up to four days per week. The objectives of vocational training and life skills interventions are to:

C.2.2.1 Engage offenders (hereinafter referred to as “students”) in an activity that they choose and that encourages frequent and regular attendance. By engaging students in this intervention, CSOSA intends to increase the student’s motivation to engage in other required programming up to four days per week.

C.2.2.2 Develop student skills related to artistic endeavors related to music recording, performing or production that students can use to seek, find, and maintain employment.

C.3 Scope

C.3.1 The Contractor shall deliver the following:

C.3.1.1 Vocational Training and Life Skills Group Sessions related to music recording, performing or production that students can use to seek, find, and maintain employment.

In doing so, the contractor(s) shall facilitate group sessions of up to twenty (20) students to enable students to complete all learning goals and objectives specified for the curriculum requirements in Section C.4.1.

C.3.1.2 Guest Speakers (specialists/experts on different aspects of the music industry subcontracted to make presentations at individual training sessions).

C.3.2 The Contractor shall provide all personnel, equipment, supplies, tools, materials, curricula and other items and non-personal services necessary to complete the work as defined in this Statement of Work (SOW), except for those items specified as government furnished property (GFP) and equipment (GFE) and services. The Contractor shall perform to the standards established in this SOW.

C.4 Tasks

C.4.1 Task 1 – Curriculum. The Contractor shall prepare and deliver a curriculum designed to prepare students to build skills related to music recording, performing or production. The curriculum should feature a combination of topics that expose students to important aspects of songwriting, musical performance, recording, marketing, performance production, sound production, video production or other facets of the music and entertainment industry.

C.4.1.1 The curriculum should be structured so that one group of students can complete the curriculum in no more than 16 weekly, one-hour sessions (16 hours). The Contractor shall deliver three classes consisting of 16 one (1) hour sessions for each class during the base and each option period. CSOSA will allow up to 52 sessions per 12 month performance period in order to allow four (4) make up sessions.

C.4.1.2 The Contractor shall specify in the curriculum detailed lesson plans that defines how the Contractor proposes to deliver each session. The proposed lesson plan shall also include a brief biography of the lesson facilitator and any guest speaker(s) for each session listed in the curriculum. For each required session, the curriculum shall specify the topic (including audition sessions to select students for each class), learning objectives, the facilitator or any guest facilitator(s) or speaker(s), and the location of the session. When specifying the location of the session the curriculum should indicate that the session will be delivered at a CSOSA facility designated by the COR, or at a specific field location, such as a visit to a radio station, provided it is within the immediate Washington, DC area and accessible by public transportation. The Contractor will be responsible for the cost of student round trip transportation expense.

C.4.1.3 The Contractor’s curriculum shall provide each student the opportunity to produce, or perform in, an entertainment event, such as a musical concert, so as to gain performance, production, or other relevant experience.

C.4.1.4 The Curriculum shall be provided to the COR ten (10) business days following contract award.

C.4.2 Task 2 - Provision of vocational training and life skill sessions. The Contractor shall facilitate weekly, one-hour vocational training and life skills sessions per the curriculum design for each class of students.

C.4.2.1 The Contractor shall enroll up to 20 students in each class.

C.4.2.2 The Contractor shall deliver three classes (consisting of up to 16 weekly sessions for each class) per 12 month performance period. The Contractor shall deliver the classes consecutively, unless directed by the COR to deliver classes concurrently

C.4.2.3 The Contactor shall deliver the sessions at the CSOSA location designated by the COR. CSOSA may direct the Contractor to perform services at any of the following locations or future CSOSA locations, in the event CSOSA sites change:

• 4415 South Capitol Street SW, Washington, DC

• 3850 South Capitol Street SE, Washington, DC

• 2101 Martin Luther King Avenue, SE, Washington, DC

• 633 Indiana Avenue NW, Washington, DC

• 601 Indiana Avenue NW, Washington, DC

• 300 Indiana Avenue NW, Washington, DC

• 800 North Capitol Street NW, Washington, DC

• 910 Rhode Island Ave NE, Washington, DC

• 1230 Taylor Street NW, Washington, DC

• Reentry and Sanctions Center, 1900 Massachusetts Avenue SE, Washington, DC

C.4.2.4 The Contractor shall provide all materials required for the facilitation of group sessions, such as Participant Workbook, PowerPoint Presentation, resource materials, and additional handouts, necessary to facilitate sessions with the students.

C.4.2.5 Facilitate Student Group Sessions, No later than 30 days following contract award, or as soon as the Contractor staff receive clearance from the CSOSA background review, the Contractor shall provide qualified personnel to start facilitating sessions. The group sessions shall commence on time, facilitated by qualified personnel, and conform to the structure laid out in the group facilitation schedule. The Contractor is responsible for providing staff coverage for all scheduled sessions. The Contractor must notify the COR of any substitutions of personnel, due to illness or scheduling conflicts, prior to the scheduled session.

C.4.2.5.1 Attendance. The Contractor group session facilitator shall track all group session attendees using the CSOSA furnished attendance sheet. Within 24 hours of the group session, the attendance sheet shall be submitted to the COR.

C.4.2.5.2 Documentation. The Contractor is required to document student participation in group sessions in SMART, the CSOSA automated case and record management system, or other CSOSA provided record tracking system (if applicable). The Contractor shall document the group session activity, the individual student’s engagement and responses in the group, and any notable behavior displayed by any student during the course of the group session. Group session notes shall contain the heading specifying the program, session title, and individualized group session notes. Individualized group notes shall be completed on all group session participants within 24 hours of the group session completion.

C.5 Key Personnel. The Contractor shall provide all Key Personnel necessary to provide services in accordance with this Section C Statement of Work (SOW). The Contractor’s session facilitator(s) shall have at least one (1) year of associated and relevant experience performing, instructing performers, managing/marketing musical performers, technical production, or producing music or radio shows for radio, television, Internet or other means of electronic dissemination.

C.6 Background/Security Review. No later than ten (10) calendar days following contract award, the Contractor staff must complete the CSOSA government contractor background check and obtain security clearance prior to providing direct services to students. Guest presenters will not be required to complete the background check, but a CSOSA employee or contract staff with an active, approved background check, must escort any guest presenters at CSOSA locations.

C.7 Schedule to Facilitate Offender Group Sessions. No later than ten (10) business days following contract award, the Contractor shall develop and submit the group facilitation schedule that includes time, date, facilitator, and guest presenter (if any) for each session. The COR shall review and approve the proposed group facilitation schedule within five (5) business days of the submission. Any changes to the approved schedule must be submitted in writing and must be approved by the COR in advance of implementing.

C.8 Contractor and Contractor Personnel Standards of Conduct

C.8.1 In 5 C.F.R. PART 2635.101, there is guidance on developing a standard of conduct for the Contractor and Contractor employees. Also, a minimum code of conduct is set forth below to provide guidance in achieving a greater individual standard. Contractors and Contractor employees assigned to the task order shall:

a. Be courteous and demonstrate good manners toward all Clients, CSOSA employees, and the public.

b. If a Contractor employee should be detained or become aware of being under investigation, by any federal, state or local agency, for any legal or ethical violation, the Contractor employee must report this to the Contractor, no later than the next working day. The Contractor shall immediately report the incident to the COR.

c. Except in an officially authorized capacity, not possess narcotics, dangerous drugs controlled substances, or marijuana either on or off duty. Abstain from the consumption and possession of alcoholic beverages while on duty. Not report for duty or work under the influence of intoxicants or drugs. Not report for duty or work under any condition that impairs the ability to perform as expected.

d. Avoid personal and business associations with persons known to be convicted felons or persons known to be connected with criminal activities. This does not apply to immediate family members so long as notification is made to the COR. It is the responsibility of the Contractor to report any relationship (including friendships, family relationships (i.e. relatives), spouses/cohabitants, parental relationships, etc.) with a known Client immediately to the CO and COR.

e. Avoid any criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct; habitual use of intoxicants or non-prescription drugs to excess.

f. Report violations of prescribed rules, regulations and any violations of statute or law to the Contractor and/or the COR.

g. Not violate security procedures or regulations.

h. Always perform assignments in accordance with prescribed regulations to the best of personal ability and in accordance with safe and secure working procedures and practices.

i. Refrain from use of abusive or offensive language, quarreling, intimidation by words, actions, fighting and participation in disruptive activities that interfere with normal and efficient operations.

C.9 Post-Award Meeting. The COR will schedule a post-award meeting between the Contractor and CSOSA within ten (10) business days following task order award. The purpose of this meeting will be to review the performance requirements of the contract, the roles and responsibilities of CSOSA and the Contractor under the contract, and any other issues either party may want to discuss. The Contractor shall prepare a meeting report that details who was in attendance at the meeting, what discussions took place, and what agreements were reached. A copy of the report shall be provided to the COR within ten (10) business days following the meeting.

(End of Section C)

SECTION D - PACKAGING AND MARKING

D.1 Deliverables

Deliverables provided electronically shall be formatted with read/write capability using Microsoft WORD 2010 format, or other than text files any other application compatible with Microsoft Office Suite applications. Font type of Times New Roman with a font size of 12 shall be used throughout the document. The Contractor shall minimize additional formatting as much as possible (e.g. avoid use of columns). Avoid using any design/layout elements.

(End of Section D)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Inspection will be in accordance with FAR 52.212-4(a) and the terms and conditions in this Section E.

E.2 Inspection and/or Acceptance

The CSOSA COR shall be responsible for performing the inspection of all services rendered under this task order, with support, as deemed necessary, from other CSOSA components.

(End of Section E)

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Period of Performance

The period of performance of this task order is as follows:

Specific dates to be added at award.

Base Period – 12 months from date of award

F.2 Place of Performance

The Contractor will perform the work under this task order at CSOSA’s facilities located in Washington, DC.

F.3 Observance of Legal Holidays

F.3.1 CSOSA personnel observe the following days as holidays:

a. New Year's Day f. Labor Day

b. Martin Luther King's Birthday g. Columbus Day

c. President’s Day h. Veterans' Day

d. Memorial Day I. Thanksgiving Day

e. Independence Day j. Christmas Day

F.3.2 If a holiday falls on Sunday, the following Monday will be observed as the legal holiday.

F.3.3 When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies.

F.3.4 In addition to the days designated as holidays, the Government observes the following days:

a. Any other day designated by Federal Statute

b. Any other day designated by Executive Order

c. Any other day designated by the President’s Proclamation

F.3.5 It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the task order.

F.4 Notice of Delays

In the event the Contractor encounters, or anticipates encountering, difficulty in meeting performance requirements, or in complying with the task order delivery schedule or completion date, or whether the Contractor has knowledge that any actual or potential situation is delaying, or threatens to delay, the timely performance of this task order, the Contractor shall immediately, within one (1) business day, notify the CO and the COR, in writing, giving pertinent details;

provided, however, that this notification shall be informational only in character, and that this provision shall not be construed as a waiver by CSOSA of any delivery schedule or date, or any rights or remedies provided by law or under this task order.

F.5 Emergencies

In the event of unforeseen emergency circumstances, such as natural disasters, acts of God, or any other major business interruptions, the Contractor shall follow the guidance and direction of CSOSA personnel.

F.6 Travel. No travel reimbursement is allowed under this task order.

F.7 Deliverables and Reports.

DELIVERABLES AND REPORTS SOW

REFERENCE

DUE DATE REQUIRED

FORMAT

Curriculum C.4.1 Ten (10) business days following contract award

Hardcopy

Post-award Meeting C.12

No later than ten (10) business days following contract award.

Teleconference and/or in person

Completed Security Background Forms

C.6 No later than ten (10) business days following contract award.

Hardcopy

Schedule to Facilitate Offender Group Sessions

C.8 No later than ten (10) business days following contract award.

Hardcopy

Facilitate Offender Group Sessions

C.4.2 No later than 30 business days following contract award

Hardcopy

DELIVERABLES AND REPORTS SOW

REFERENCE

DUE DATE REQUIRED

FORMAT

Submit offender group session attendance sheet

C.4.2.5.1 Within 24 hours of each group session

Hardcopy

Update SMART (or other CSOSA tracking system) documentation

C.4.2.5.2 Within 24 hours of each group session

Entries in SMART (or other CSOSA tracking system)

(End of Section F)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer’s Representative

G.1.1 The Contracting Officer’s Representative (COR) for this task order is:

To be entered at award Court Services and Offender Supervision Agency Re-entry and Sanctions Center 1900 Massachusetts Avenue, SE Washington, DC 20003 Telephone Number: To be entered at award Email Address: To be entered at award

G.1.2 The COR is responsible for the technical aspects of the task order and serves as the liaison with the Contractor. The COR is responsible for the final inspection and acceptance of all work performed and such other responsibilities as may be specified in this task order.

G.1.3 The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the task order price, terms or conditions.

Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contacting Officer.

G.2 Contracting Officer

G.2.1 The Contracting Officer (CO) is the only person authorized to approve changes to any of the terms and conditions of this task order. In the event the Contractor effects any changes at the direction of any person other than the CO, the changes will be considered to have been made without authority and no adjustment will be made in the task order price to cover any increase in costs incurred as a result thereof. The CO shall be the only individual authorized to accept nonconforming work, waive any requirement of the task order, or to modify any term or condition of this task order. The CO is the only individual who can legally obligate government funds. No cost chargeable to the proposed task order can be incurred before receipt of a fully executed contract, which includes any subsequent task order modifications or other specific written authorization from the CO.

G.2.2 The Contractor shall not comply with any order, direction or request of government personnel unless it is issued in writing and signed by the CO, or is pursuant to specific authority otherwise included as a part of this task order. No order, statement, or conduct of government personnel, other than the CO, who visit the Contractor’s facilities or in any other manner communicate with Contractor personnel during the performance of this task order shall constitute a change under the terms for changes included in FAR 52.212-4 of this task order.

G.2.3 The procuring and administering CO for this task order is:

Reggie R. James Office of Procurement Court Services and Offender Supervision Agency (CSOSA) 800 North Capitol St., NW Washington, D.C. 20002-4260 Email Address: Reggie.James@csosa.gov

G.3 Submission of Invoices

G.3.1 Invoices shall be submitted on a monthly basis.

G.3.2 All invoices should be sent electronically directly from the Contractor to:

Invoices.mailbox@csosa.gov Simultaneously copy the COR –To be entered at award Simultaneously copy the Contracting Officer – Reggie.James@csosa.gov

Invoices sent electronically to ANY OTHER LOCATION than Invoices.mailbox@csosa.gov are not considered officially received by the CSOSA until actually received and date stamped by that mailbox.

G.3.3 The following information must be contained on the invoice:

a. Contractor Tax Identification Number.

b. Contractor Mailing Address.

c. Contractor Phone Number.

d. Date of Invoice.

e. Contractor Invoice Number (unique).

f. CSOSA Task Order Number

g. CSOSA Contract Line Item Number (CLIN).

mailto:Invoices.mailbox@csosa.gov

h. Description of services performed/provided to CSOSA.

i. Detailed list of date(s) and hour(s) of services performed/provided to CSOSA.

G.3.4 The invoice must identify the specific Contract Line Item Number (CLIN) for which the contractor is seeking payment. If the invoice covers multiple CLINs, the invoice must identify specific amounts and activity applicable to each.

G.3.5 CSOSA is bound by the Prompt Payment Act (5 CFR Part 1315) to reimburse contractors on the 30th calendar day after a proper and valid invoice is officially received by the Agency. Invoices submitted without required information are not considered proper. If the invoice is disputed / rejected by CSOSA, the CO appointed to the task order will notify the Contractor in writing of the dispute within seven (7) days of the CSOSA invoice official receipt date (the received date stamped on the invoice by the CSOSA Office of Financial Management (OFM)). The CO’s dispute / rejection notification will identify the specific invoice items and amounts being disputed, reason the items or amounts are disputed, a reference to the specific terms of the task order which supports the government’s dispute and a request for an immediate explanation and / or corrected invoice. Properly disputed invoice amounts are not subject to late payment interest computations during the period of dispute. Per FAR Part 32 the CO has the final authority to approve payment of an invoice.

G.3.6 Contractor inquiries concerning an invoice payment may be made to OFM thirty (30) calendar days after a proper invoice has been submitted. The Contractor may make payment inquires to Invoices.mailbox@csosa.gov or by calling OFM, Ms. Rolanda White, at 202- 220-5464 or emailing OFM at rolanda.white@csosa.gov.

G.3.7 Contractors must inform CSOSA of any changes in banking information using the invoicing email address: Invoices.mailbox@csosa.gov.

(End of Section G)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Personnel Security

H.1.1 The Contractor agrees to adhere to all regulations prescribed by the Government in regards to the safety and security of staff and Clients. All Contractor personnel (employees and approved subcontractors) utilized under this task order shall submit to a CSOSA background check, and if necessary, a background investigation prior to performing. The intent and purpose of the background check/ investigation is to preclude the assignment of any individual who poses a threat to the Government, or successful work completion, due to past unlawful or inappropriate behavior. Contractor personnel must be U.S. citizens, or be lawfully permitted to reside in the United States and possess a valid work permit. The mailto:rolanda.white@csosa.gov

Contractor shall ensure that an individual does not begin work under this task order until the background checks are conducted and approved by the CSOSA Office of Security.

H.1.2 CSOSA Background Checks. Once the task order has been awarded, the Contractor will provide the COR with completed and signed security forms for Contractor and subcontractor personnel. The forms to be completed are:

• CSOSA Security Form for Temporary Contractors (Form # CSOSA-SEC-0010) (Attachment J-1)

• CSOSA Credit Release (Attachment J-2)

• PIV Form (to be completed by COR if an access card is needed. If an access card is not needed, this form is not required) (Attachment J-3)

H.1.3 The COR will provide the completed security forms to the CO who will provide the completed forms to the CSOSA Office of Security to conduct background checks. Once background checks are conducted and approved, the Office of Security will issue security approval to/through the CO/COR, who in turn will notify the Contractor. Only at that time may the Contractor notify an individual to begin work under this task order.

H.1.4 Once an individual has been granted security approval, they can begin work. The Contractor must allow up to 30 days for the Office of Security to process the CSOSA background checks.

H.1.5 Derogatory information, falsification of any forms, or refusal to supply information and/or forms may be considered justification for immediate security denial/removal of the individual. CSOSA has the right to request any additional information necessary to complete the background check. If Contractor personnel fail to provide any of the above information, or cooperate with the CSOSA Office of Security, the individual will be disapproved and removed immediately.

H.1.6 Office of Personnel Management (OPM) Background Investigation. Contracts of 180 days or more must undergo a background investigation by OPM in addition to the CSOSA background check. The CSOSA Office of Security will provide the additional security forms required for initiation of the OPM background investigation. The Contractor will ensure that each individual assigned to this task order provides the following forms to the CSOSA Office of Security:

• SF-85P, Questionnaire for Public Trust Positions (web-accessible form) - The Office of Security will provide the link for individuals to complete this form electronically.

• OF 306, Declaration for Federal Employment

• FD 258, Fingerprint Cards

H.1.7 If an individual is terminated, resigns, or for any other reason is no longer working on the task order, the Contractor shall ensure that all previously issued CSOSA equipment and material (including CSOSA identification card, if one has been issued) is retrieved from that individual and returned to the CO within 24 hours. The Contractor must notify the CO immediately when an individual is no longer working on the task order. The CO must immediately notify the CSOSA Office of Security and Information Technology in writing so all electronic access can be promptly terminated. In addition, the Contractor shall coordinate with the CO or COR to identify a replacement if necessary. Replacements cannot start work until the CSOSA Office of Security provides approval.

H.1.8 Any individual who has been removed from performance under the task order may be required to undergo another CSOSA background check before resuming work.

H.1.9 Both the CO and the COR shall ensure that all Contractor and approved subcontractor employees who provide services under this task order have been approved by the CSOSA Office of Security.

H.1.10 Contractor personnel shall wear or display CSOSA issued identification at all times when performing work at a CSOSA facility. Contractor personnel shall not share or loan any CSOSA identification. All individuals assigned to this task order must report the loss or misplacement of agency identification immediately to the CSOSA Office of Security.

H.1.11 By responding to the CSOSA solicitation, Contractor and approved subcontractor personnel agree to provide the requested information and cooperate with the above listed procedures. Any Contractor or approved subcontractor employee who does not obtain a favorable adjudication for the CSOSA background check, or OPM background investigation, will be unable to perform services under this task order. The final adjudicative determination will be made at the sole discretion of CSOSA.

H.2 Review of Announcements or Publishing

Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, or personnel thereof, shall make public releases of information or any matter pertaining to this task order, including, but not limited to, advertising in any medium, or presentation before technical, scientific, or industry groups, without the prior written approval of the Contracting Officer. The provisions of this clause shall survive the expiration of this task order.

H.3 Period of Claim

Notwithstanding the claim period stated in FAR 52.212-4(d), Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the Contractor agrees to submit any claim related to this task order within 12 months after accrual of the claim.

H.4 Key Personnel

H.4.1 All group session facilitators are considered essential to the work being performed under this task order and therefore, are considered key personnel.

H.4.2 The Contractor shall ensure that its staff maintains any required professional certifications, accreditations, and proficiency relative to their areas of expertise. The Government is not responsible to pay expenses incurred by the Contractor or by individual Contractor personnel to meet professional certifications requirement.

H.4.3 Key personnel may, with the consent of the contracting parties, be changed from time to time during the course of the task order by adding or deleting personnel, as appropriate, in order to provide sufficient personnel possessing the education, training and experience necessary to perform the services required by this task order.

H.4.4 If one or more of the key personnel, for any reason, becomes, or is expected to become, unavailable for work under this task order for a continuous period exceeding thirty

(30) work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor will promptly notify the Contracting Officer and will, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications. All Contractor personnel will be required to receive approval from the COR through resume submission. The Government reserves the right to accept or reject any or all of the candidates.

H.4.5 Before removing or replacing any of the specified individuals, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this task order. The Contractor shall not remove or replace personnel until the Contractor provides the CO with advance notice of the proposed change and the CO determines there is no negative impact by the proposed change.

H.5 Records Management

H.5.1 The Contractor must manage Federal records in accordance with applicable records management laws and regulations, including, but not limited to, the Federal Records Act 44 U.S.C. Chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); and 36 CFR Part 1222 and Part 1228.

H.5.1.1 The Contractor shall treat all deliverables under the task order as the property of the U.S. Government for which CSOSA shall have unlimited rights to inspect, use, dispose of, or disclose such data contained therein as it determines to be in CSOSA’s or the public interest.

H.5.1.2 The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974, or that which is generally protected by the Freedom of Information Act.

H.5.1.3 The Contractor shall not create or maintain any records containing any CSOSA or Client data/records that are not specifically tied to, or authorized by, the task order.

H.5.1.4 CSOSA owns the rights to all data/records and electronic information (electronic data, electronic information systems, electronic databases, etc.), and all supporting documentation created as part of this task order. Contractor must deliver sufficient technical documentation with all data deliverables to permit CSOSA to use the data.

H.5.1.5 The Contractor agrees to comply with Federal and CSOSA records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.],in accordance with www.archives.gov/records-mgmt/ardor/records-schedules.html.

H.5.1.6 The Contractor is responsible for preventing unauthorized destruction of data or records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C.

2701. CSOSA Client records may not be removed from the legal custody of the Contractor or destroyed.

H.5.1.7 The Contractor is required to obtain the CO's approval prior to engaging in any 3rd party contractual relationship (subcontractor) in support of this task order requiring the disclosure of information, documentary material, and/or records generated under, or relating to, this task order. The Contractor and any subcontractor are required to abide by CSOSA guidance for protecting sensitive or proprietary information.

H.6 Disclosure of Information

H.6.1 Any information made available to the Contractor by CSOSA shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this task order.

H.6.2 In performance of this task order, the Contractor assumes responsibility for protection of the confidentiality of CSOSA and Client data/records and shall ensure that all work performed by its approved subcontractors shall be under the supervision of the Contractor.

H.6.3 Each officer or employee of the Contractor or any of its approved subcontractors to whom any CSOSA or Client data/record may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose, and to the extent, authorized herein. Further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the Contractor and/or offender to criminal sanctions imposed by 19 U.S.C. 641.

That section provides, in pertinent part, that whoever knowingly converts to their use, or the use of another, or without authority, sells, conveys, or disposes of any record of the United http://www.archives.gov/records-mgmt/ardor/records-schedules.html

States, or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

H.7 Disclosure of Conflicts of Interest

H.7.1 It is CSOSA policy not to allow contractors to continue task order performance whose objectivity may be impaired because of any related past, present or currently planned interest, financial or otherwise, in organizations regulated by CSOSA, or in organizations whose interests may be substantially affected by CSOSA activities.

H.7.2 Based on this policy:

a. The Contractor shall disclose as soon as reasonably possible any conflict of interest with respect to this task order; making an immediate and full disclosure in writing to the CO. The disclosure shall include a description of the action which the Contractor has taken or proposes to take, to avoid or mitigate such conflict.

b. The CO will review the disclosure and may require additional relevant information from the Contractor. If a conflict of interest is found to exist, the CO may (a) terminate the award, or (b) determine that it is otherwise in the best interest of the United States to continue the task order performance and include appropriate provisions in the task order to mitigate or avoid such conflict.

H.7.3 Conflicts of interest that require disclosure include all past, present or currently planned organizational, financial, contractual or other interest(s) with an organization regulated by CSOSA, or with an organization whose interests may be substantially affected by CSOSA activities, and which is related to the task order. The interest(s) that require disclosure include those of any offeror, affiliate, proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall be limited to within one (1) year of the date of task order award. Key personnel shall include any person owning more than a 20 percent interest in the Contractor, and the Contractor's corporate officers, its senior managers, and any employee who is responsible for making a decision, or taking an action on this task order, where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

H.8 Access to Sensitive Information

H.8.1 Work under this task order may involve access to sensitive information* which shall not be disclosed by the Contractor unless authorized by the CO. To protect sensitive information, the Contractor shall provide training to any Contractor employee authorized access to sensitive information and, upon request of CSOSA, provide information as to an individual’s suitability to have such authorization. Contractor employees found by CSOSA to be unsuitable, or whose employment is deemed contrary to the public interest or inconsistent with the best interest of national security, may be prevented from performing work under this task order when requested by the CO.

H.8.2 The Contractor shall ensure that Contractor employees are citizens of the United States of America, or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status), as evidenced by investigations in accordance with DOT Order 1632.20, Personnel Security Management. The Contractor shall include the above requirements in any approved subcontract awarded involving access to CSOSA facilities, sensitive information, and/or resources.

*Sensitive Information is Personally Identifiable Information (PII), proprietary data or other information that, if subject to unauthorized access, modification, loss or misuse could adversely affect national interest, conduct of Federal programs, or the privacy of individuals specified in the Privacy Act, but has not been specifically authorized to be kept secret in the interest of national defense or foreign policy under an Executive Order or Act of Congress.

H.9 CSOSA Contractor Information Security Requirements

H.9.1 The Contractor shall implement an information security program for the secure storage of all Client records which are created, stored, or transmitted in an electronic format.

The Contractor’s information security program shall be in compliance with “Confidentiality of Alcohol and Drug Abuse Patient Records” 42 C.F.R. Part 2, and local, state and federal laws and regulations regarding the confidentiality of Client records to include, but not be limited to, the Health Insurance Portability and Accountability Act (HIPAA) 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subpart C. All electronic files shall be properly stored, protected and maintained in accordance with applicable local, state and federal law, including HIPPA and Certified Clinical Health Information Technology (CCHIT).

H.9.2 The term “personally identifiable information” or PII refers to information which can be used to distinguish or trace an individual's identity, such as their name, social security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc.

H.9.3 Data Security: Loss and/or Disclosure of Personally Identifiable Information (PII) – Notification of Data Breach. By acceptance of, or performance on, this task order, the Contractor agrees that in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the Contractor will immediately (and in no event later than within one hour of discovery) report the breach to the CO and the CO.

H.9.4 Winzip is the approved inscription technology required by CSOSA. The Contractor shall use this technology for all file/documents submission and reporting requirements that will include PII.

H.10 Insurance

H.10.1 General Requirements. The Contractor, at its sole expense, shall procure and maintain, during the entire period of performance under this task order, the types of insurance specified below and shall immediately notify CSOSA if any insurance policy lapses or changes. Within ten (10) days of task order award and at the beginning of each subsequent option period, the Contractor shall have its insurance broker or insurance company submit a Certificate of Insurance to the CO giving evidence of the required coverage prior to commencing performance under this task order. In no event shall any work be performed until the required Certificates of Insurance signed by an authorized representative of the insurer(s) have been provided to, and accepted by, the CO. All insurance shall be written with financially responsible companies authorized to do business in the District of Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best Company rating of A- / VII or higher. The Contractor shall require all of its approved subcontractors to carry the same insurance required herein. All required policies shall contain a waiver of subrogation provision in favor of the Government of the United States and/or CSOSA. The Government shall be included in all policies required hereunder to be maintained by the Contractor and its approved subcontractors (except for workers’ compensation and professional liability insurance) as an additional insureds for claims against CSOSA or The United States relating to this task order, with the understanding that any affirmative obligation imposed upon the insured Contractor or its approved subcontractors (including without limitation the liability to pay premiums) shall be the sole obligation of the Contractor or its approved subcontractors, and not the additional insured.

All of the Contractor’s and its approved subcontractors’ liability policies (except for workers’ compensation and professional liability insurance) shall indicate that such policies provide primary coverage (without any right of contribution by any other insurance, reinsurance or self-insurance, including any deductible or retention, maintained by an Additional Insured) for all claims against the additional insured arising out of the performance of this task order by the Contractor or its approved subcontractors, or anyone for whom the Contractor or its approved subcontractors may be liable. If the Contractor and/or its approved subcontractors maintain broader coverage and/or higher limits than the minimums shown below, CSOSA requires, and shall be entitled to, the broader coverage and/or the higher limits maintained by the Contractor and its approved subcontractors.

H.10.2 Commercial General Liability Insurance (“CGL”). The Contractor shall provide evidence satisfactory to the CO with respect to the services performed that it carries a CGL policy, written on an occurrence (not claims-made) basis covering liability for all ongoing and completed operations of the Contractor, including ongoing and completed operations under all approved subcontracts, and covering claims for bodily injury, including without limitation sickness, disease or death of any persons, injury to or destruction of property, including loss of use resulting therefrom, personal and advertising injury, and including coverage for liability arising out of an Insured Contract (including the tort liability of another assumed in a contract). Such coverage shall have limits of liability of not less than $1,000,000.00 each occurrence, a $2,000,000.00 general aggregate, and a $1,000,000.00 personal and advertising injury limit. The Contractor shall carry all liability insurance for five years following the final acceptance of work under this task order.

H.10.3 Automobile Liability Insurance. The Contractor shall provide evidence satisfactory to the CO of commercial (business) automobile liability insurance including coverage for all owned, hired, borrowed, and non-owned vehicles, and equipment used by the Contractor, with minimum per accident limits equal to the greater of (i) the limits set forth in the Contractor’s commercial automobile liability policy or (ii) $1,000,000.00 per occurrence combined single limit for bodily injury and property damage.

H.10.4 Workers’ Compensation Insurance. The Contractor shall provide evidence satisfactory to the CO of Workers’ Compensation insurance in accordance with the statutory mandates of the District of Columbia, or the jurisdiction in which the task order is performed.

H.10.5 Employer’s Liability Insurance. The Contractor shall provide evidence satisfactory to the CO of employer’s liability insurance as follows: $500,000.00 per accident for injury; $500,000 per employee for disease; and $500,000.00 for policy disease limit. All insurance required by this paragraph 3 shall include a waiver of subrogation endorsement for the benefit of CSOSA or the United States.

H.10.6 Professional Liability Insurance (Errors & Omissions). The Contractor shall provide Professional Liability Insurance (Errors and Omissions) to cover liability resulting from any error or omission in the performance of professional services under this task order.

The policy shall provide limits of $1,000,000.00 per claim, or per occurrence, for each wrongful act, and $2,000,000.00 annual aggregate.