Amd 0002 Revised Section B thru M 9594CS24Q0050.pdf

9594CS24Q0050 – Amendment 0002 Legal Case Management Solution

Continuation of SF1449

SF1449, Block 25 Accounting and Appropriation Data To be completed upon Award

Section B - Supplies or Services and Prices/Costs

B.1 Supplies & Services. The Contractor shall provide licensing, training, and data conversion services as required by this purchase order.

B.2 Contract Type. This is a firm-fixed priced (FFP) type purchase order.

B.3 North American Industry Classification System (NAICS) Code and Small Business Size Standard. The NAICS code for this acquisition is 513210, Software Publishers. The small business size standard is $47M.

Section C - Description/Specifications/Work Statement

C.1 Introduction. The Court Services and Offender Supervision Agency (CSOSA), Office of General Counsel (OGC), requires a Software as a Service (SaaS) legal case management solution to upgrade its current desktop application to a more modern, web based, feature rich system that will offer outstanding document management, easy document retrieval with extensive search capabilities and easy to use workflow capabilities associated with the operation of a legal department. In order to adhere to federal government requirements, the system must be FedRamp authorized.

C.2 Objective. The objective of the legal case management solution is to:

• Enable CSOSA to more efficiently manage legal cases and documents associated with cases;

• Provide workflows necessary for effective operation of the CSOSA OGC; and

• Maintain all documents in a central repository.

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

0001 Base Period: Client Licensing Services (SaaS) including any required configuration per section C 15 Each $TBD at award $TBD at award

0002 Base Period: Training Session 2 Each $TBD at award $TBD at award 0003 Base Period: Data Conversion Services 1 Lot $TBD at award

Total Base Period Amount $TBD at award

1001 Option Period 1: Client Licensing Services (SaaS) 15 Each $TBD at award $TBD at award

2001 Option Period 2: Client Licensing Services (SaaS) 15 Each $TBD at award $TBD at award

3001 Option Period 3: Client Licensing Services (SaaS) 15 Each $TBD at award $TBD at award

4001 Option Period 4: Client Licensing Services (SaaS) 15 Each $TBD at award $TBD at award

Total Purchase Order Amount (Base Period and All Option Period CLINs) $TBD at award

C.3 Scope of Work. All days identified in this Section C are calendar days unless otherwise specified.

C.3.1 Legal Case Management Solution Requirements. The Contractor’s provided Legal Case Management solution must:

C.3.1.1 Be a SaaS system that includes nightly backup and failover functionality with a minimum of 1Gig Internet connectivity.

C.3.1.1.1 Recovery of data is required to be no more than 24 hours as nightly backups are required.

C.3.1.1.2 Notifications of outages should be broadcast as soon as the system is identified as being offline.

C.3.1.1.3 Failover should occur if it is deemed that the system will not be online within a 12-hour workday period (between 8am and 8pm, Monday through Friday).

C.3.1.2 Be FedRamp (certified Medium or higher) authorized. The Contractor shall provide documentation to prove authorization.

C.3.1.3 Use role-based security.

C.3.1.4 Have multi-factor authentication.

C.3.1.5 Include licenses for up to 15 users.

C.3.1.6 Include, without additional configuration, the following functionalities:

C.3.1.6.1 Case management is the ability to track legal cases and the outcomes;

C.3.1.6.2 Matter management, i.e., the tracking of daily legal tasks/requests that may not lead to a legal case; Management of these matters includes tracking, assignments, responses/updates, notifications, approvals and status updates;

C.3.1.6.3 Document management, i.e., ability to upload, create and edit documents saved within the system and link them to matters and cases. Document Management must include version control to identify prior versions, changes made within the versions, and who modified the document and when. It should also include the ability to search for documents.

C.3.1.6.4 Task management;

C.3.1.6.5 Calendaring and scheduling functions, i.e., CSOSA requires a calendar that updates in real time without needing to save and upload files in ICS format. The solution can include its own calendar function or integrate with Outlook.

C.3.1.6.6 Task and workflow notifications;

C.3.1.6.7 Access through mobile devices (e.g. iPhone/Android phone, iPad, etc.) should allow for the end users to perform as many of the functionalities as that of the desktop solution.

C.3.1.6.8 Ability to drag and drop files for standard file types from Office 365 including MSOutlook, MSWord, MSExcel, and MSPowerPoint; also drag and drop from SharePoint, and Adobe;

C.3.1.6.9 Ability to drag and drop files into the solution provided to:

C.3.1.6.9.1 Upload files; and C.3.1.6.9.2 Including the capability of automatically creating a new task.

C.3.1.6.10 Creates comments associated with tasks and lock down comments for viewing only by certain groups or users;

C.3.1.6.11 Flags tasks as high, medium and low priorities;

C.3.1.6.12 Collaborative/multiuser document editing in real time;

C.3.1.6.13 Dashboards to display statistical data/metrics in order to manage staff, case loads, and keep track of milestone due dates;

C.3.1.6.14 Includes at least 10 reports to include but not limited to viewing outstanding assignments/tasks, past assignments/tasks, overdue tasks, track daily/weekly/monthly task hours per user;

C.3.1.6.15 Includes a user portal where end users can submit requests to OGC based on ethics inquiries, subpoena requests, Giglio requests, and OGC Helpdesk inquiries; user portal does not allow access to data in the solution; end users are defined as any CSOSA employee; current CSOSA staff level is approximately 800 personnel. The portal should allow a submission that OGC can then convert to a case or matter.

C.3.1.6.16 Generates system email alerts generated by new tasks created task reminder notifications for events and triggers based on task due dates;

C.3.1.6.17 Multiple roles and security access/privacy permission levels based on these roles;

C.3.1.6.18 Ability to assign temporary privileges to non-licensed user to allow them to view and edit a document collaboratively (nice to have/not required).

C.3.1.7 Include any features not identified herein that the Contractor includes in its quote/proposal to the Government.

C.3.2 In addition to the above legal management solution requirements, the Contractor shall provide the following:

C.3.2.1 All client and server licensing.

C.3.2.2 Maintenance updates.

C.3.2.3 Server availability 24/7, except for scheduled maintenance;

C.3.2.4 Software support and upgrades;

C.3.2.5 All operating system support/upgrades, system backups no less than every 24 hours, and security patching;

C.3.2.6 On-call helpdesk support 8:00 AM through 5:00 PM, Eastern Time, Monday through Friday, excluding the federal holidays. Access to an emergency contact must be available after 5:00 PM until 6:30 PM, Monday through Friday, in case the system is not operating.

C.3.3 Configuration. Any configuration needed to optimize the solution must be completed no later than 60 days from date of award. Within 5 days of award, the Contractor shall provide to the COR, in writing, the following:

C.3.3.1 Solution configurable lookup values for the established forms and status values;

C.3.3.2 Defined configurable workflows;

C.3.3.3 Definition of user roles; and C.3.3.4 Configuration requirements for syncing with active directory and multi-factor authentication.

C.3.4 Base Period Required Training.

C.3.4.1 The Contractor shall provide a minimum of two on-site led training sessions, each to occur on separate days, for up to a total of 15 Government personnel. Training sessions shall be held at CSOSA location 800 North Capitol Street, NW, Washington, DC, 20002-4260. Specific training dates to be set between the Contractor and the Contracting Officer’s Representative (COR) after award. Training duration is based on the training session to be provided by the Contractor. Training must provide visual guidance sufficient for learning how to perform all solution functionalities.

C.3.4.2 At each on-site training session during the base period, a CSOSA computer with access to the internet will be made available to the Contractor. The Contractor may bring its own computer;

however, the Contractor is then responsible for providing its own connection to its training site, e.g., hot spot.

C.3.4.3 Links to Training Materials. Links to all training materials provided during any on-site training shall be made available for use as a resource throughout the term of the award.

C.3.5 Data Conversion Services.

C.3.5.1 The Contractor shall migrate (convert data) from CSOSA’s current legal case management system.

C.3.5.1.1 The data is contained in a SQL database and includes links to documents on a file share.

C.3.5.1.2 The existing data in the SQL DB is 715 meg; there are 138 tables, 95 which appear to be lookup tables.

C.3.5.1.3 Existing files are not in the current operating solution database but instead are located on CSOSA’s network share drive. There are approximately 51,900 files, totaling about 19Gig on a file share that are linked to the matters and cases. The Contractor will need to migrate both the files located on internal share dives and the meta data.

C.3.5.1.4 Type of documents associated with current cases that need to be migrated are:

DOC, DOCX, PDF, MSG, HTM, PNG, GIF, JPG, RTF, TIFF, ZIP, TXT, and AVI (movie) files.

C.3.5.2 The Contractor’s personnel performing the migration are required to complete a CSOSA Confidentiality and Non-Disclosure Agreement form as per section H.1. Within three days from date of award, the personnel performing the migration effort shall provide the completed Confidentiality and Non- Disclosure Agreement form identified in section H.1.

C.3.5.3 Within 7 days of award, the Contracting Officer’s Representative (COR) will provide the Contractor personnel with access to the database files.

C.3.5.4 Conversion of all data to the Contractor’s provided legal case management solution shall be completed within 90 days from date of award. This includes time for the Contractor to obtain CSOSA security clearance approval which is up to 30 days from receipt of the required security forms. The

Contractor shall submit completed security clearance forms for all personnel to perform data conversion services immediately after award to mitigate lost time in the data conversion period of performance.

C.3.6 Data Ownership. The Contractor’s legal case management solution must allow for only CSOSA to be the owner of all data within the legal case management solution provided. On the last day of the last period of performance, the Contractor shall provide to the COR a data file consisting of all data in the solution as of 12:01AM that day. Along with the data file, the Contractor shall provide a data dictionary.

This data file and a data dictionary must be provided no later than 12:00PM and the Contractor must be available the remainder of that day to ensure the data file provided is readable.

C.4 Delivery Dates.

C.4.1 Legal Case Management Solution. Within seven calendar days from date of award, the Contractor shall provide to the COR all required software license information, software keys, serial numbers, authorization codes, activation codes, etc. necessary for 15 CSOSA users to begin utilizing the proposed solution that meets all of the requirements identified in this Statement of Work.

C.4.2 Configuration. Any configuration needed to optimize the system must be completed as required by section C.3.3 above.

C.4.3 Training. The required base period training shall be completed as required by section C.3.4 above.

C.4.2 Data Conversion of CSOSA Data. Conversion of all data to the Contractor’s provided legal case management solution shall be completed as outlined in section C.3.5 above.

Section D – Packaging and Marking

None.

Section E – Inspection and Acceptance

E.1 Inspection and acceptance shall be in accordance with FAR 52.212-4(a) and E.2 below.

E.2 The Contracting Officer’s Representative (COR) will notify the Contractor in writing whether its delivery/services are acceptable in accordance with the terms of the purchase order. An item must be received and accepted by the COR before payment will be made. The Contractor may invoice after the COR has accepted the delivery/services of any individual CLIN.

Section F – Deliveries and Performance

F.1 Legal Case Management Software Solution. Delivery of license information, software keys, serial numbers, authorization codes, activation codes, etc. shall be made to the COR identified in section G.1.1 in accordance with section C.4.1 above.

F.2 Configuration. Any configuration needed to optimize the system must be completed as required by section C.3.3 above.

F.3 Training. Training shall be completed in accordance with section C.3.4 above.

F.4 Data Conversion Services. Data conversion shall be completed in accordance with section C.3.5 above.

F.5 Legal Case Management Solution License Validity Period. The validity period of legal case management solution licenses included in contract line item number (CLIN) 0001 shall be 12 months from date of award. All legal case management solution licenses included in each option period, CLINs 1001, 2001, 3001, and 4001, shall be valid 12 months from the effective date of the option period, if exercised.

Section G – Contract Administration Data

G.1 Contracting Officer’s Representative

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

TBD at award CSOSA – Office of Information Technology 800 North Capitol Street, NW Washington, DC 20002-4260 Telephone Number: TBD at award Email Address: TBD at award

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 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 Contracting Officer, 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 Contracting Officer 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 Contracting Officer 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 purchase order, which includes any subsequent purchase order modifications or other specific written authorization from the Contracting Officer.

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 Contracting Officer 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 Contracting Officer, 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 Contracting Officer for this purchase order is:

Elijah Anderson Office of Procurement

Court Services and Offender Supervision Agency (CSOSA) 800 North Capitol Street, NW, 6th Floor Washington, DC 20002-4260 Phone: 202.220.5795 (office) / 202.352.0537 (mobile) Email Address: elijah.anderson@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.3, Type of Contract.

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. Invoices may be submitted as follows:

(a) CLINs 0001, upon the COR’s acceptance of delivery of licensing required by section C and completion as well as acceptance by the COR of any required configuration.

(b) CLIN 0002, upon completion and acceptance by the COR of any training session.

(c) CLIN 0003, upon completion and acceptance by the COR of all required data conversion services.

(d) CLINs 1001, 2001, 3001, and 4001, after effective date of each respective option period, if exercised.

G.3.5.2 Each payment request/invoice submission must identify the specific Contract Line Item Numbers (CLINs) 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:

• Contractor’s Contact Information;

• CSOSA’s Billing Information, i.e.:

CSOSA, Office of Financial Management 800 North Capitol Street, NW, 6th Floor mailto:elijah.anderson@csosa.gov https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

Washington, DC 20002-4260

• Unique Invoice Number;

• Purchase Order number (9594CS24P…)

• Total Invoice Amount;

• Contract Line-Item Number (CLIN) invoiced and description as it appears on page 2 of this award;

• For CLINs 0001, 1001, 2001, 3001, and 4001, identify the effective period of the licenses;

• For CLIN 0002, if exercised, CLINs 1002, 2002, 3002, and 4002, identify the dates each training session was held;

• For CLIN 0003, identify the dates data conversion services were performed (start and complete).

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 and/or without required or valid attachment information are not considered proper.

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 Contracting Officer 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.

Section H – Special Requirements

H.1 Security Requirements. Deleted.

H.1 Confidentiality and Non-Disclosure Agreement. All Contractor personnel (to include subcontractor personnel, teaming partner personnel, and independent consultants) performing the data conversion effort identified in section C shall execute and submit Attachment J-1, Confidentiality and Non-Disclosure Agreement. All Contractor personnel must submit a completed Attachment J-1, Confidentiality and Non-Disclosure Agreement after award and prior to the commencement of any data migration work on this purchase order. Furthermore, Contractor personnel must submit a completed Attachment J-1, Confidentiality and Non-Disclosure Agreement whenever replacement personnel are proposed for the data conversion effort identified in section C. Any information provided by the Contractor (and any subcontractors if applicable) in the performance of this purchase order or obtained by the government is only to be used in the performance any work under this purchase order.

mailto:rolanda.white@csosa.gov

H.2 Confidentiality of Reports and Other Data. Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, nor personnel thereof, shall divulge to any third party any information concerning deliverables produced, work performed, results obtained, or any information provided by the Government in connection with this purchase order without the prior written approval of the Contracting Officer.

H.3 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.4 Data Safeguard and Disposal.

H.4.1 The Contractor shall safely store and protect from unauthorized disclosure and destruction, either direct or as a result of negligence, data collected during the duration of the purchase order. Within five days after completion of the purchase order period of performance, the Contractor shall purge all PII or sensitive data provided to the Contractor, including any backed-up data and any other PII or sensitive data held by the Contractor pursuant to this purchase order. The Contractor shall certify in writing the date information was deleted and method used for deletion. All PII or sensitive will be maintained, handled, disclosed, and disposed of in accordance with the Privacy Act of 1974, 5 U.S.C. 552a and Public Law 107-347 titled E-Government Act of 2002.

H.4.2 The Contractor will guarantee strict confidentiality of the information/data that is provided by the government during the performance of this purchase order. The government has determined that the information/data that the Contractor will be provided during the performance of this effort is of a sensitive nature and cannot be disclosed in any manner.

H.4.3 The Contractor, in whole or in part, can only make disclosure of the information/data, after the Contractor receives prior written approval from the Contracting Officer. Whenever the Contractor is uncertain with regard to the proper handling of information/data under this effort, the Contractor will obtain a written determination from the Contracting Officer. Contractor personnel assigned to perform work must be acceptable to the government in terms of personal and professional conduct. If at any time during performance of this purchase order, Contractor personnel are deemed a security risk, the Contractor will be responsible for immediate removal and replacement with acceptable personnel. Upon removal or completion, the Contractor will immediately return any facility access materials/passes to the COR.

H.4.4 The Contractor agrees to assume responsibility for protecting the confidentiality of government records, which are not public information. Each Contractor, employee of the Contractor, or Contractor’s subcontractor or partner to whom information may be made available or disclosed will be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

H.4.5 The Contractor will keep the information confidential, use appropriate safeguards to maintain its security in accordance with minimum Federal standards. The Contractor must also explain and certify that its subcontractor(s) or partners will adhere to the same minimum Federal standards when working with sensitive data.

H.5 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 purchase order within 12 months after accrual of the claim.

H.6 Non-Personal Services.

H.6.1 Pursuant to FAR 37.1, no personal services shall be performed under this purchase order. No Contractor employees will be directly supervised by the government. If the Contractor believes any government action or communication has been given that would create a personal services relationship between the government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

H.6.2 Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this purchase order. No Contractor employee shall hold him or herself out to be a government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the government. In all communications with third parties in connection with this purchase order, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work.

H.7 Indemnification.

H.7.1 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 and/or approved subcontractors, in performance or nonperformance of its work called for by the contract.

H.7.2 The Contractor shall:

H.7.2.1 Promptly notify the Contracting Officer 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;

H.7.2.2 Immediately furnish to the Contracting Officer copies of all pertinent papers of the Contractor that pertain to any indemnification matter;

H.7.2.3 Furnish evidence or proof of any claim, loss, or damage covered by this clause in the manner and form the Contracting Officer requires; and

H.7.2.4 Comply with the Contracting Officer’s directions and execute any authorizations required in connection with settlement or defense of claims or actions.

H.7.3 The Government may direct, control, or assist in settling or defending any claim or action that may involve indemnification under this clause.

H.7.4 This indemnification shall survive the termination of this contract.

H.7.5 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 contract, 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.7.6 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.8 Disclosure of Information.

H.8.1 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 contract.

H.8.2 In performance of this purchase order, the Contractor assumes responsibility for protection of the confidentiality of CSOSA and offender data/records and shall ensure that all work performed by its approved subcontractors shall be under the supervision of the Contractor.

H.8.3 Each officer or employee of the Contractor, or any of its approved subcontractors, to whom any CSOSA or offender 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 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.9 Anti-Harassment Policy. CSOSA is committed to creating and maintaining a work environment free from harassment of any type, and we expect the same from CSOSA Contractors. Therefore, Contractor shall show a commitment to:

H.9.1 Communicating that harassing behavior of any type is not to be tolerated by its management, employees, subcontractors, and residents.

H.9.2 Fostering a work and living environment free from harassment by ensuring that appropriate officials are notified of, and have the opportunity to correct, harassing behavior promptly.

H.9.3 Addressing harassing behavior and holding management, employees, subcontractors, and residents accountable at the earliest possible stage.

H.9.4 Ensuring there is an appropriate process of reporting and investigating any alleged harassment of any kind.

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.

H.10.2 In its capacity as an independent Contractor, Contractor agrees and represents, and the Government agrees, as follows:

H.10.2.1 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.

H.10.2.2 Contractor has the right to hire assistants as subcontractors to provide the services required by this purchase order provided Contractor notifies the Contracting Officer in writing of the need to hire subcontractors and receives the expressed written permission from the Contracting Officer before hiring any subcontractor under this purchase order.

H.10.2.3 The services required by this purchase order shall be performed by Contractor, Contractor's employees, and/or approved subcontract personnel, and the Government shall not hire, supervise, or pay any assistants or subcontractors to help Contractor.

Section I – Contract Clauses

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far

(End of Clause)

I.2 The following clauses are incorporated by reference:

I.3 FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

FAR Clause No. Title Date 52.212-4 Contract Terms and Conditions-Commercial Items Nov 2023 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

__ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved]

_X_ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

_X_ (26)(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (35)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102

42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

_X_ (47)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48)(i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C.