9594CS19Q0072_-_RSC_Medication_Services_Solicitation_-_8-12-10.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

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

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

RSC190002 32

9594CS19Q0072

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

See Continuation Pages

N/A

Reggie R. James

446110

$27.5M

08/12/2019

09/03/2019

3:00 PM

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

RSC Medication Services

9594CS19Q0072

Continuation of SF1449

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 Services

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

B.2 Contract Type

This is a Firm Fixed Price purchase order with unit rates; quantities are based on anticipated estimates and the Contractor is Not-to-Exceed the allotted quantities and cost associated with each Contract Line Item Number (CLIN).

B.3 Contract Funding

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

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

The NAICS Code for this acquisition is 446110 Pharmacies and Drug Stores, and the small business size standard is $27.5M.

B.5 Contract Line Item Structure

CLIN DESCRIPTION QUANTITY UNIT UNIT

PRICE

TOTAL

PRICE

0001 Medications Base Period Total Price .

(End of Section B)

SECTION C – STATEMENT OF WORK

C.1 Agency Background.

C.1.1 The Court Services and Offender Supervision Agency (CSOSA) was established under Section 11232 of the National Capital Revitalization and Self-Government Improvement Act of 1997 to effectuate the reorganization and transition of functions relating to pretrial services, parole, adult probation and offender supervision in the District of Columbia to a Federal Executive Branch agency. The mission of CSOSA is to increase public safety, prevent crime, reduce recidivism, and support the fair administration of justice in close collaboration with the community through the supervision of all probationers, parolees and supervised releases held under the authority of any United States or District of Columbia statute, or any other lawful authority entrusted to the District.

C.1.2 The Re-entry and Sanctions Center (RSC) is a residential facility that provides intensive assessments and reintegration programming for high-risk offenders and defendants (hereinafter referred to as “Residents”) with extensive substance abuse, withdrawal, mental health, co-occurring disorder, and psycho-sexual histories, who are under the supervision of CSOSA (pre-trial, probation, or parole). Residents referred to the RSC receive evaluation, counseling, treatment readiness, and referral services to other treatment facilities.

C.2 Scope. The Contractor shall provide comprehensive pharmaceutical products and services to the CSOSA RSC in accordance with the requirements in this purchase order.

C.3 Reserved.

C.4 Medication Ordering, Fulfillment, Delivery, and Return/Disposal.

C.4.1 Medication Ordering

C.4.1.1.1 The Contractor shall provide CSOSA with a hard copy or electronic order form for use in placing orders for prescription and OTC medications. The form shall include columns for:

a. Resident’s First and Last Name (For use on prescription and is not to be included on any invoice)

b. Resident’s Police Department Identification (PDID) number (For use on invoices in lieu of the Resident’s name)

c. Resident’s Unit Assignment

d. Medication name, dosage, frequency of administration, and quantity

e. Number of refills

f. Date the prescription was requested

g. Resident’s allergies or sensitivities

h. Electronic signature of the requesting physician or delegated licensed practitioner

i. Government’s Account Number

C.4.1.1.2 CSOSA shall submit the order forms to the Contractor either electronically or via facsimile, as mutually agreed by the parties.

C.4.2 Medication Fulfillment.

C.4.2.1 The Contractor shall fill all prescriptions for the RSC’s residents exactly as prescribed by the ordering physician on the completed order form. The Contractor shall contact the ordering physician in the event of any questions regarding an order.

C.4.2.2 The Contractor shall fill prescriptions using the least expensive FDA AB rated generic equivalent medication in the CSOSA formulary. Generic drugs shall be FDA AB rated, have identical active ingredients, dosage, safety, strength, usage directions, quality, performance and intended use as brand-name versions. Generic drugs shall be dispensed, if in the professional judgment of the pharmacist, the product is safe, effective, of equal strength, quantity, quality and dosage as the brand name drug. Generic drugs shall meet all federal and state regulatory specification as brand name drugs. The generic name shall be displayed on all medication labels.

C.4.2.3 Prescription fills for authorized drugs shall be limited to a maximum of a seven (7) day supply with the following exceptions:

a. Antibiotics may be filled with up to a ten (10) day supply.

b. Any instance where the minimum dispensing unit (vial, inhaler) as prescribed, exceeds the limit.

C.4.2.3 The filling of prescriptions will be inclusive of patient medication profile review and proper filling and labeling in accordance with standard pharmacy practices and federal, state, or local laws, regulations, and requirements.

C.4.2.4 The Contractor shall place all prescriptions in Resident specific labeled packaging.

Blister packaging shall be used for pills/tablets that will be dispensed by the RSC Medical Staff.

C.4.3 Medication Delivery.

C.4.3.1 The Contractor shall fill and deliver all prescription and OTC medication orders within twenty-four (24) hours of the Contractor receiving the medication order.

C.4.3.2 The Contractor shall deliver all prescription and OTC medication orders between the hours of 8:00 AM to 8:00 PM, daily.

C.4.3.3 The RSC medical staff will verify the medication order is correct by comparing the medication received to the medication order.

C.4.1.1.4 Medication errors, potential adverse drug or allergy reactions related to medications dispensed under this purchase order must be reported immediately to the COR. This communication must be documented in the Pharmacy’s patient prescription record and must include the name of the person contacted and the time and date the communication took place

C.4.4 Medication Return/Disposal. The Contractor shall provide a procedure for the return of unused or unopened medications for credit or disposal. The procedure shall identify the method, the recipient, and the credit, if any, the Government will receive for the returned medications.

C.6 General Administrative Requirements.

C.6.1 The Contractor cannot subcontract any of the contract requirements specified herein without the express, written consent of CSOSA.

C.6.2 Administrative Contact. The Contractor shall maintain an administrative point of contact from 8:30 a.m. to 5:00 p.m. Monday through Friday, except for Federal holidays

C.6.3 Holiday Protocol. The Contractor shall provide a plan for holiday protocol including any closures of administrative offices and schedule changes (i.e., admission/transportation schedule changes) no later than 14 business days prior to the holiday. This plan must be in writing and must be submitted to the COR. This plan may be transmitted via email, facsimile, or U.S. Mail.

C.6.4 Certification/Licensing Requirements. The Contractor and Contractor staff shall always have available for CSOSA inspection all appropriate federal, state, and local licenses and certification required for the jurisdiction in which it is located.

C.6.5 Continuity of Operations Plan (COOP). The Contractor shall prepare and maintain a current COOP to ensure the continuation of services should uncontrollable or unforeseeable circumstances occur. The COOP must be available for CSOSA review 14 days following contract award. The COOP shall include planning for alternative Client housing in the event the Contractor’s facility is closed or uninhabitable due to uncontrollable or unforeseen circumstances, such as infestations, security issues, physical plant failures, etc. The COOP shall identify the location of the alternative accommodation(s). The alternative accommodation(s) shall be comparable to the Contractor’s place of performance. CSOSA reserves the right to inspect and approve the alternative accommodation site.

C.6.6 CSOSA Closures. Uncontrollable or unforeseeable circumstances such as acts of nature, acts of the Government in its sovereign or contractual capacity, fire, floods, epidemics, quarantine restrictions, inclement weather, special Federal or ceremonial events, may cause the RSC to close. Under such circumstances, CSOSA does not expect the RSC closure to have any impact on the Contractor’s ability to continue performance.

C.6.7 Government’s Quality Assurance Program (QASP). The Contractor shall provide RSC Medication Services, exactly as specified in this Section C SOW and other applicable Sections of this purchase order. The CSOSA CO or COR, with the support of other CSOSA components (e.g. Quality Inspection Unit, IS’, CS’, et al), shall conduct scheduled and unscheduled QASP inspections and audits of the Contractor’s performance against the requirements of this Section C and other applicable Sections of this purchase order. The CSOSA CO or COR will provide two (2) business days advance notification for unscheduled QASP inspections and audits. The Contractor’s performance assessment will be based upon the expectation that the Contractor’s performance will be 100% in compliance with all purchase order requirements. When an inspection or audit determines that the Contractor is deficient and not fulfilling one or more of the purchase order’s performance requirements, the CSOSA CO will issue a corrective action report (CAR), which identifies the deficiency and the Contractor shall develop a plan of action with milestones (POAM) to correct the deficiency identified in the CAR within the period of time designated by the CO and submit the POAM to the CO for approval. When the deficiency has been corrected, the Contractor shall be inspected or audited to ensure the Contractor’s corrective action is sufficient to prevent reoccurrence of the deficiency.

C.6.8 Contractor Quality Control (QC) Plan. The Contractor shall develop, and provide to the CO within 30 days of purchase order award, a QC Plan that identifies what actions, processes, procedures, inspections, reviews, and responsibility assignments the Contractor will utilize to ensure that the Contractor’s performance will comply with all of the requirements of this purchase order. The CO shall have ten (10) business days to review the QC Plan and provide requested or required changes to the Contractor. The Contractor will then have five (5) business days to incorporate the CO’s required/requested changes and return a final QC Plan to the CO. The Contractor’s QC Plan shall be reviewed and updated as required, but no less than annually.

C.6.9 Post-Award Meeting. The COR will schedule a post-award meeting between the Contractor and CSOSA within ten (10) business days following purchase 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 Electronic 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 software included 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.

D.2 Material Deliverables. Material deliverables shall be packaged in such a manner as to ensure the contents are not damaged during shipping.

(End of Section D)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance. The CSOSA COR shall be responsible for performing the inspection and acceptance of all services rendered under this purchase order in accordance with FAR 52.212-4(a).

(End of Section E)

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Period of Performance. The period of performance of this purchase 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 purchase order at the Contractor’s facility located at to be entered at time of award.

F.3 CSOSA RSC Hours of Operation. The CSOSA RSC operates 24 hours per day, seven (7) days per week, 365 days per year. The CSOSA Medical Staff operate seven (7) days per week, from 6:00 AM to 10:30 PM, 365 days per year.

F.4 Observance of Legal Holidays

F.4.1 CSOSA personnel observe the following days as holidays:

(1) New Year's Day (6) Labor Day

(2) Martin Luther King's Birthday (7) Columbus Day

(3) President’s Day (8) Veterans' Day

(4) Memorial Day (9) Thanksgiving Day

(5) Independence Day (10) Christmas Day

F.4.2 If a holiday falls on Sunday, the following Monday will be observed as the legal holiday.

F.4.3 When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies.

F.4.4 In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designated by Executive Order

(3) Any other day designated by the President’s Proclamation

F.4.5 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 purchase order.

F.5 Deviations. Any deviation from the delivery or performance requirements by the Contractor may be allowed only upon advance written agreement from the CO.

F.6 Notice of Delays. In the event the Contractor encounters, or anticipates encountering, difficulty in meeting performance requirements, or in complying with the purchase 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 purchase 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 purchase order.

(End of Section F)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer’s Representative

G.1.1 A Contracting Officer’s Representative (COR) for this task order will be appointed by the Contracting Officer upon award and a copy of the COR Appointment Letter will be provided to the Contractor.

G.1.2 The COR is responsible for the technical aspects of the purchase 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 purchase 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 purchase 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 purchase 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 purchase 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 purchase order, or to modify any term or condition of this purchase order. The CO is the only individual who can legally obligate government funds. No cost chargeable to the proposed purchase order can be incurred before receipt of a fully executed contract, which includes any subsequent purchase 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 purchase 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 purchase order shall constitute a change under the terms for changes included in FAR 52.212-4 of this purchase order.

G.2.3 The procuring and administering CO for this purchase 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 Electronic Invoicing and Payment Requirements – Invoice Processing Platform.

G.3.1 Payment requests must be submitted electronically through the U.S. Department of Treasury’s Invoice Processing Platform (IPP) system using the “Bill to Agency” of Interior Business Center – FMD.

G.3.2 Definitions.

G.3.2.1 “Contract” as used throughout this clause means the type of contract identified in Section B.2.

G.3.2.2 “Payment request” means any request for contract financing payment or invoice payment by the Contractor.

G.3.3 To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract or the clause FAR 52.212-4, Contract Terms and Conditions – Commercial Items, included in commercial item contracts.

G.3.4 IPP Registration. The IPP website address is: https://www.ipp.gov. The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment.

The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve normally within 3-5 business days of the contract award date. Assistance with enrollment may be obtained by contacting the IPP Production Helpdesk via email at IPPCustomerSupport@fiscal.treasury.gov or by phone at

(866) 973-3131.

G.3.5 Payment Request/Invoice Submission.

G.3.5.1 Invoices shall be submitted in IPP with a unique invoice number and no more than once a month, unless otherwise authorized under this contract.

G.3.5.2 The payment request/invoice submission must identify the specific Contract Line Item Number (CLIN) for which the contractor is seeking payment under the contract.

G.3.5.3 In addition to providing the information required by IPP, the contractor shall include in IPP as an attachment(s) to the specific payment request/invoice amount the following information for each CLIN:

a. For supplies, provide the description, unit of measure, quantity, unit price, extended total price of the supplies invoiced and date of shipment or delivery. The invoice shall only identify Residents for whom prescriptions were filled through the use of the Resident’s PDID number. No Residents shall be identified by name on the invoice

b. For services:

(1) Provide a description of services performed, e.g., labor category, hours worked by date, hourly rate, and amount billed by labor category, and total invoice amount.

(2) For labor hour CLINS, as authorized by FAR 52.212-4, section (i) Payments, the contractor shall substantiate each payment request/invoice submitted by including individual daily job timecards for each person (on-site and off-site) performing any work under this contract.

G.3.6 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.

G.3.6.1 Invoices submitted in IPP to incorrect CLINs or without required or valid attachment information are not considered proper.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

G.3.6.2 Improper or invalid IPP invoices shall be disputed / rejected by CSOSA in their entirety. If the invoice is disputed / rejected by CSOSA, the CO or COR appointed to the contract 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 OFM).

CSOSA’s written 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 contract which supports the government’s dispute and a request for an immediate explanation and / or corrected invoice. In addition, the invoice will be rejected by CSOSA in IPP. The Contractor shall re-submit corrected invoices in IPP, with required attachments, using a new, unique invoice number.

G.3.6.3 Properly disputed invoice amounts are not subject to late payment interest computations during the period of dispute. Per FAR Part 32 the Contracting Officer has the final authority to approve payment of an invoice.

G.3.7 The Contractor should review IPP to determine the current status of a submitted invoice.

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

G.3.8 Invoices shall not contain any personally identifiable information of Patients (name, SSN, etc.). The Contractor shall only use Patient PIIDs to identify the Patients associated with an invoice.

(End of Section G)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Review of Announcements or Publishing. Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, nor personnel thereof, shall make public releases of information or any matter pertaining to this purchase 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 purchase order.

H.2 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, absent good cause for delay, agrees to submit any claim related to this purchase order within 12 months from the day the Contractor becomes aware of the event(s) leading to the claim.

H.3Records Management

H.3.1 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.

mailto:rolanda.white@csosa.gov

H.3.1.1 The Contractor shall treat all non-medication deliverables under the purchase 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.3.1.2 The Contractor shall not retain, use, sell, or disseminate copies of any non-medication deliverable that contains information covered by the Privacy Act of 1974, or that which is generally protected by the Freedom of Information Act.

H.3.1.3 Contractor shall not create or maintain any records containing any CSOSA or Patient data/records that are not specifically tied to, or authorized by, the purchase order.

H.3.1.4 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 Patient records may not be removed from the legal custody of the Contractor or destroyed.

H.3.1.5 Contractor is required to obtain the CO's approval prior to engaging in any 3rd party contractual relationship (subcontractor) in support of this purchase order requiring the disclosure of information, documentary material, or records generated under, or relating to, this purchase order. The Contractor and any subcontractor are required to abide by CSOSA guidance for protecting sensitive or proprietary information.

H.4 Disclosure of Information

H.4.1 Any information made available to the Contractor by CSOSA shall be used only for the purpose of carrying out the provisions of this purchase order and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this purchase order.

H.4.2 In performance of this purchase order, the Contractor assumes responsibility for protection of the confidentiality of CSOSA and Resident data/records and shall ensure that all work performed by its approved subcontractors shall be under the supervision of the Contractor.

H.4.3 Each officer or employee of the Contractor or any of its approved subcontractors to whom any CSOSA or Resident 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 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 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.5 Ethics and Standards of Conduct

H.5.1 Disclosure of Conflicts of Interest

H.5.1.1 It is CSOSA policy not to allow contractors to continue purchase 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.5.1.2 Based on this policy:

a. The Contractor shall disclose as soon as reasonably possible any conflict of interest with respect to this purchase 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 purchase order performance and include appropriate provisions in the purchase order to mitigate or avoid such conflict.

H.5.2 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 purchase 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 purchase 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 purchase order, where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

H.6 Access to Sensitive Information

H.6.1 Work under this purchase order will 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 purchase order when requested by the CO.

H.6.2 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). The Contractor shall include the above requirements in any approved subcontract awarded involving access to CSOSA facilities, sensitive information, 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.7 CSOSA Contractor Information Security Requirements

H.7.1 The Contractor shall implement an information security program for the secure storage of all Patient 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 and federal laws and regulations regarding the confidentiality of Patient 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.7.2 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.7.3 Data Security: Loss or Disclosure of Personally Identifiable Information (PII) – Notification of Data Breach. By acceptance of, or performance on, this purchase 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 COR and the CO.

H.7.4 Winzip is the approved encryption technology required by CSOSA. The Contractor shall use this technology for all file/documents submission and reporting requirements that will include PII.

H.8 Insurance

H.8.1 General Requirements. The Contractor, at its sole expense, shall procure and maintain, during the entire period of performance under this purchase order, the types of insurance specified below and shall immediately notify CSOSA if any insurance policy lapses or changes. Within ten (10) days of purchase 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 purchase 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 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 purchase 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 purchase order by the Contractor or its approved subcontractors, or anyone for whom the Contractor or its approved subcontractors may be liable. If the Contractor or its approved subcontractors maintain broader coverage or higher limits than the minimums shown below, CSOSA requires, and shall be entitled to, the broader coverage or the higher limits maintained by the Contractor and its approved subcontractors.

H.8.2 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 purchase order.

H.8.3 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.8.4 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 purchase order is performed.

H.8.5 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.8.6 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 purchase 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. The Contractor warrants that any applicable retroactive date precedes the date the Contractor first performed any professional services for the United States, and that continuous coverage will be maintained, or an extended reporting period will be exercised for a period of at least ten years after the completion of the professional services.

H.8.7 Reserved

H.8.8 Commercial Umbrella Liability. The Contractor shall provide evidence satisfactory to the CO of commercial umbrella liability insurance with minimum limits equal to $5,000,000.00 per occurrence and $5,000,000.00 in the annual aggregate, following the form and in excess of the underlying employers’ liability, commercial general liability, and commercial automobile liability policies, with an effective date that is concurrent with such liability policies. The insurance required under this paragraph shall be written in a form that annually reinstates all required limits. Coverage shall be primary to any insurance, self-insurance or reinsurance maintained by CSOSA or the United States.

H.8.9 Reserved.

H.8.10 Medical Professional Liability (in addition to General Liability Insurance). The Contractor shall provide evidence satisfactory to the CO of a medical professional liability policy with limits of not less than $1,000,000 each incident and $3,000,000 in the annual aggregate. The definition of insured shall include the Contractor and all Contractor’s employees and agents. This policy shall be either (1) written on an occurrence basis or (2) written on a claims-made basis. If the coverage is on a claims-made basis, Contractor agrees that prior to the expiration date of Contractor’s current insurance coverage, the Contractor shall purchase, at Contractor’s sole expense, either a replacement policy annually thereafter having a retroactive date no later than the effective date of this contract or unlimited tail coverage in the above stated amounts for all claims arising out of this contract.

H.8.11 Insurance Coverage Duration. The Contractor shall carry all required insurance until all contract work is accepted by CSOSA/United States, and shall carry the required General Liability; any required Professional Liability; and any required Employment Practices Liability insurance for five (5) years following final acceptance of the work performed under this contract.

H.9 Indemnification

H.9.1 The Contractor agrees for itself, its employees, and approved subcontractors to save, defend, hold harmless and indemnify the Government and all of its elected and appointed officials, officers, current and former employees, agents, departments, agencies, boards, and commissions (collectively the "Government") from and against any and all claims made by third parties or by the Government for any and all losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, demands or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor's acts or omissions, including the acts or omissions of its employees or approved subcontractors, in performance or nonperformance of its work called for by the purchase order.

H.9.2 The Contractor shall:

a. Promptly notify the CO of any claim or action against, or any loss by, the Contractor or any approved subcontractors that may reasonably be expected to involve indemnification under this clause;

b. Immediately furnish to the CO copies of all pertinent papers of the Contractor that pertain to any indemnification matter;

c. Furnish evidence or proof of any claim, loss, or damage covered by this clause in the manner and form the CO requires; and

d. Comply with the CO’s directions and execute any authorizations required in connection with settlement or defense of claims or actions.

H.9.3 The Government may direct, control, or assist in settling or defending any claim or action that may involve indemnification under this clause.

H.9.4 This indemnification shall survive the termination of this purchase order.

H.9.5 Hold Harmless and Indemnification Agreement. The Contractor shall be solely liable for, and expressly agrees to indemnify the Government, with respect to any liability-producing acts or omissions by its employees or agents. Specifically, the Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature, for injury to or death of any person or persons and for loss or damage to any Contractor equipment or property or property owned by a third party occurring in connection with, or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this purchase order, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

H.9.6 Government Liability. The Government shall not be liable for any injury or damages to Contractor or subcontractor personnel, or damage to Contractor or subcontractor equipment or property resulting from the delivery of services required under this purchase order, unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

H.10 Independent Contractor Status

H.10.1 Contractor is an independent contractor, and neither Contractor nor Contractor's employees or approved subcontract personnel are, or shall be deemed, Government's employees. In its capacity as an independent contractor, Contractor agrees and represents, and the Government agrees, as follows:

a. Contractor has the right to control and direct the means, manner, and method in which to perform services required by CSOSA through this purchase order.

b. Contractor has the right to hire assistants as subcontractors to provide the services required by this purchase order provided Contractor notifies the CO in writing of the need to hire subcontractors, and receives the expressed written permission from the CO before hiring any subcontractor under this purchase order.

c. The services required by this purchase order shall be performed by Contractor, Contractor's employees, or approved subcontract personnel, and the Government shall not hire, supervise, or pay any assistants or subcontractors to help Contractor.

H.11 Reports and Audits. The Contractor shall submit copies of all third party reports of inspections or audits from local, state, or federal government regulatory bodies, audit and investigatory entities, financial institutions, or third parties to the CO within seven (7) business days of receipt.

H.12 Limitations of CSOSA’s Obligation

H.12.1 The Contractor agrees to provide notification to the CO and COR when the total amount payable by CSOSA, including reimbursement in the event of termination of those item(s) for CSOSA’s convenience, totals 75% of the total amount currently allotted to the purchase order.

CSOSA will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the purchase order, regardless of anything to the contrary in the FAR 52.212-4(l) clause entitled “Termination for the Government’s convenience.” As used in this clause, the total amount payable by CSOSA in the event of termination for convenience includes the prices of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

H.12.2 When additional funds are allotted for continued performance, the parties will agree as to the period of purchase order performance which will be covered by the funds. The terms and conditions in Section H.15.1 of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the purchase order will be modified accordingly.

H.12.3 If, solely by reason of failure of CSOSA to allot additional funds in amounts sufficient for timely performance, the Contractor incurs additional costs or is delayed in the performance of the work under this purchase order, and if additional funds are allotted, an equitable adjustment will be made in the price or prices, 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 FAR 52.212-4(d), “Disputes.”

H.12.4 The termination provisions of this clause do not limit the rights of CSOSA under FAR52.212-4(m), “Termination for cause.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s). This clause no longer applies once the purchase order is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under Section H.15.2.

H.12.5 Nothing in this clause affects the right of CSOSA to terminate this purchase order pursuant to FAR 52.212-4(l), “Termination for the Government’s convenience.”

H.12.6 Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(End of Section H)

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