RFQ_959P0019Q0039_7.17.19.pdf

Pretrial Services Agency for the District of Columbia (PSA)

Request for Quotation (RFQ) 959P0019Q0039

Immunoassay Reagents for the Testing of Synthetic Cannabinoids & Fentanyl in Urine and Specific Drugs in

Oral Fluids

July 17, 2019

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6 and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The solicitation number is 959P0019Q0039. The solicitation will be issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2019-03. This solicitation is unrestricted. The associated NAICS code is 325413, In-Vitro Diagnostic Substance Manufacturing, and the small business size standard is 1,250 employees. Please view Section B and Attachment A for the proposed contract line item number(s) (CLINS) and Section C for the statement of work (SOW). The Contractor shall provide all reagents, calibrators, and controls required to test for synthetic cannabinoids and fentanyl in urine, and specified drugs in oral fluid using the homogeneous enzyme immunoassay (HEIA) reagents and associated calibrators and controls. The Contractor shall provide training on site and technical support and troubleshooting help as needed. The place of performance shall be at 90 K Street NE Suite # 102 in Washington, DC 20530 and 500 Indiana Avenue NW in Washington DC 20004. The period of performance is one (1) base and four (4) option years. This RFQ includes FAR clause 52.217-8, which allows a total period of performance extension of up to six (6) months.

FAR provision 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. There is no addenda to the provision. FAR provision 52.212-2, Evaluation - Commercial Items, applies to this acquisition. The evaluation factors, in descending order of importance, included in paragraph (a) of the provision are 1) Technical Capability/Approach, 2) Management Approach, 3) Past Performance, and 4) Price. All non-price factors, when combined, are significantly more important than price.

FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Items: Quoters shall complete only paragraph (b) of the provision if Quoters have completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If Quoters have not completed the annual representations and certifications electronically, Quoters shall complete only paragraphs (c) through (u) of the provision. Quoters shall submit the provision with their price quotation. FAR provision 52.212-3 is attached.

FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.

There are no addenda to the clause.

FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. The additional FAR clauses cited in the clause that are applicable to this acquisition are as follows: 1) 52.222-55, Minimum Wages Under Executive Order 13658; 2) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment; 3) 52.222-41, Service Contract Labor Standards; 4) 52.222-42, Statement of Equivalent Rates for Federal Hires; 5) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management; 6) 52.219-16, Liquidated Damages-Subcontracting Plan; 7) 52.225-1, Buy American- Supplies; 8) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving; 9) 52.222-3, Convict Labor; 10) 52.222-19, Child Labor - Cooperation with Authorities and Remedies; 11) 52.222-21, Prohibition of Segregated Facilities; 12) 52.222-26, Equal Opportunity; 13) 52.222-35, Equal

RFQ 959P0019Q0039

Opportunity for Veterans; 14) 52.222-36, Equal Opportunity for Workers with Disabilities; 15) 52.222- 37, Employment Reports on Veterans; 16) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act; 17) 52.222-50, Combating Trafficking in Persons; 18) 52.219-9, Small Business Subcontracting Plan; 19) 52.219-8, Utilization of Small Business Concerns; 20) 52.219-28, Post Award Small Business Program Representation; 21) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 22) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards; 23) 52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate I; 24) 52.225-13, Restrictions on Certain Foreign Purchases; and 25) 52.222-62, Paid Sick Leave Under Executive Order 13706.

Additional contract requirement(s) or terms and conditions are as follows: 1) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights; 2) 52.217-8, Option to Extend Services; and 3) 52.217-9, Option to Extend the Term of the Contract. The following PSA clauses are applicable: 1) PSA200-70, On-Site Working Conditions; 2) PSA203-70 Subpoenas; 3) PSA204-70 Announcement of Contract Award; 4) PSA209-70, Contractor Performance Capabilities; 5) PSA209-72, Qualifications of Contractor’s Employees; 6) PSA209-73, Standards of Conduct; 7) PSA209-74 Organizational Conflicts of Interest; 8) PSA212-70 Invoice Requirements; 9) PSA219-70 Small Business Subcontracting Plan; 10) PSA224-71 Freedom of Information Act Requests;

11) PSA228-70 Insurance; 12) PSA233-70 PSA Protest Procedures; 13) PSA223-71 Environmentally Preferable Products and Services; 14) PSA237-70 Non-Personal Services; 15) PSA239-70 Information Security; and 16) PSA242-70 Contract Performance Information.

The Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable.

Quoters shall email all questions no later than (NLT) 4:00 pm EST by Wednesday, July 24, 2019.

Questions asked over the telephone or on voicemail shall not be accepted. Quoters shall email quotations NLT 12:00 noon EST by Friday, August 2, 2019. Questions and quotations shall be email to the Contract Specialist (CS) at Evron.Rollins@psa.gov.

RFQ 959P0019Q0039

mailto:Evron.Rollins@psa.gov

959P0019Q0039

TABLE OF CONTENTS:

Listing of Incorporated Purchase Requisitions Section B - Supplies or Services and Prices/Costs Section C - Description/Specifications/Work Statement Section D - Packaging and Marking Section E - Inspection and Acceptance Terms Section F - Delivery or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions and Notices to Offerors Section M - Evaluation Factors for Award

Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 BASE YEAR 1

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

1) FENTANYL REAGENTS, CALIBRATORS & CONTROLS

2) SYNTHETIC CANNABINOID REAGENTS, CALIBRATORS & CONTROLS

3) ORAL FLUID REAGENTS, CALIBRATORS & CONTROLS & ORAL SWABS COLLECTION KITS

Purchase Requisitions

Item Number Base Item Number

Supplies/Services Quantity Unit

1001 OPTION YEAR 1 1

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

1) FENTANYL REAGENTS, CALIBRATORS & CONTROLS

2) SYNTHETIC CANNABINOID REAGENTS, CALIBRATORS & CONTROLS

3) ORAL FLUID REAGENTS, CALIBRATORS & CONTROLS & ORAL SWABS COLLECTION KITS

Purchase Requisitions

Item Number Base Item Number

Supplies/Services Quantity Unit

2001 OPTION YEAR 2 1

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

1) FENTANYL REAGENTS, CALIBRATORS & CONTROLS

2) SYNTHETIC CANNABINOID REAGENTS, CALIBRATORS & CONTROLS

3) ORAL FLUID REAGENTS, CALIBRATORS & CONTROLS & ORAL SWABS COLLECTION KITS

Purchase Requisitions

Item Number Base Item Number

Supplies/Services Quantity Unit

3001 OPTION YEAR 3 1

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

1) FENTANYL REAGENTS, CALIBRATORS & CONTROLS

2) SYNTHETIC CANNABINOID REAGENTS, CALIBRATORS & CONTROLS

3) ORAL FLUID REAGENTS, CALIBRATORS & CONTROLS & ORAL SWABS COLLECTION KITS

Item Number Base Item Number

Supplies/Services Quantity Unit

4001 OPTION YEAR 4 1

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

1) FENTANYL REAGENTS, CALIBRATORS & CONTROLS

2) SYNTHETIC CANNABINOID REAGENTS, CALIBRATORS & CONTROLS

3) ORAL FLUID REAGENTS, CALIBRATORS & CONTROLS & ORAL SWABS COLLECTION KITS

Section C - Description/Specifications/Work Statement

C.1 BACKGROUND

The Pretrial Services Agency for the District of Columbia (PSA) is an independent federal entity within the Court Services and Offender Supervision Agency (CSOSA). PSA has served the Nation's Capital for more than 45 years. The Agency assists judicial officers in both the Superior Court for the District of Columbia and the United States District Court for the District of Columbia in formulating release recommendations and providing supervision and services to defendants awaiting trial, which reasonably assures that those on conditional release return to court and do not engage in criminal activities. PSA has been a leader in the D.C. criminal justice system and has been recognized nationally for its pretrial drug testing and innovative supervision and treatment programs.

PSA's Office of Forensic Toxicology Services (OFTS) performs urine drug testing for all defendants, adults, and juveniles in the pretrial status and drug courts; offenders on probation or parole; parents charged with abuse or neglect; and other tests as ordered by the Courts. OFTS collects over 250,000 specimens and performs approximately 2.6 million tests annually.

C.2 SCOPE OF WORK

The Contractor shall provide all reagents, calibrators, and controls required to test for synthetic cannabinoids and fentanyl in urine, and specified drugs in oral fluid using the homogeneous enzyme immunoassay (HEIA) reagents and associated calibrators and controls. The assays shall be compatible with the Beckman AU5810 clinical analyzer. The annual test volume for the synthetic cannabinoids is up to 240,000, up to 252,000 for fentanyl, and up to 28,350 for oral fluids.

C.2.1 Reagents, Calibrators, and Control Requirements

Immunoassay kits are medical devices and shall have clearance from the Food & Drug Administration (FDA) to be marketed.

The Contractor shall follow the registration and listing process specified by FDA. The manufacturer shall adhere to good manufacturing process (GMP) in the manufacture of the devices. Any mandatory recalls of the kits provided under this Contract and any other problems that require notifications to FDA shall be resolved as required by the FDA's current regulations. The Contractor shall notify the Contracting Specialist (CS), Contracting Officer's Representative (COR), and Laboratory Director via certified or overnight mail or via email of any recalls or FDA's notifications within two (2) working days of the event.

Except as provided herein, the reagents supplied throughout the term of this Contract shall be identical to the reagents offered by the Contractor and accepted by the Government at the time of Contract award. If during the course of this Contract, the manufacturer wishes to change or improve its reagents, the Contractor shall submit in writing to the CS, COR, and Laboratory Director the product modification for approval prior to its incorporation into the kits to be delivered. Any re-validations of the modified reagents shall be done by the Contractor at their expense and at a time acceptable to OFTS.

The Contractor shall provide an instrument parameter sheet. The materials provided shall be in volumes and packages, which are convenient and applicable to the throughput of OFTS and shall not result in the loss or unnecessary disposal of more than 5% of the working volume of the reagents. Reagent kits shall be available in low capacity (approximately 1,000 test/kit) and high capacity (3,500+ test/kit) sizes.

The reagents shall meet the current Substance Abuse & Mental Health Services Administration (SAMSHA) standards, OFTS's standard operating procedures, Department of Transportation (DOT) and Department of Defense (DOD) Standard Drug Testing Panel and Criteria for Reporting Drug Use in the Military Drug Testing Program cutoff guidelines.

C.2.2 Fentanyl

C.2.2.1 Salient Characteristics for Fentanyl Reagents

The Contractor shall provide fentanyl HEIA reagent kits for up to 252,000 tests annually including the calibrators, controls, and negative controls as per the below table. The reagent shall detect fentanyl at a 1.0 ng/mL cutoff or better. The following cutoff for urine specimens suspected of containing fentanyl or its analogues is currently desired by OFTS for the initial immunoassay test. The cross reactivity of the reagents to other analogues within the fentanyl group shall be 80% or greater.

ANALYTE CUTOFF LEVEL

Fentanyl 1 ng/mL

C.2.2.2 Salient Characteristics for Fentanyl Controls and Calibrators

The Contractor shall provide calibrators and control materials for the reagents, which shall meet SAMHSA's standards, OFTS's (as provided in this SOW), DOT's and DOD's standard cutoff values.

Calibrators and controls shall be in liquid form whenever possible. If liquid form is not available, then lyophilized may be provided.

Precision Within Run C.V. 5% or less Between Run C.V. 5% or less

Controls and calibrators shall be available no less than 5 mL or greater than 25 mL sizes (liquid).

Calibrators and Controls Desired Unit Volume

Calibrators (High, Medium, Low, Negative) 5 mL per vial Controls (High, Low) 5 mL per vial

C.2.3 Oral Fluid

C.2.3.1 Salient Characteristics for Oral Fluid Reagents

The Contractor shall provide oral fluid HEIA reagent kits for up to 28,350 tests for 12 months including the calibrators, controls, and negatives controls as per the table below. The reagent shall detect the drugs listed at the cutoff levels in the table below. Reagents shall meet the current desired OFTS's cut off for the initial immunoassay test as given in the table below, SAMHSA's standards, DOT's and DOD's Standard Drug Testing Panel and Criteria for Reporting Drug Use in the Military Drug Testing Program cutoff guidelines.

ANALYTES CUTOFF LEVELS

Cocaine/Cocaine Metabolite (Benzoylecgonine) 20 ng/mL Opiates (Morphine) 40 ng/mL

Phencyclidine (PCP) 10 ng/mL Marijuana (THC-COOH) 4 ng/mL

Methadone 25 ng/mL Alcohol/Ethanol 20 mg/mL

Oxycodone 40 ng/mL Amphetamine 50 ng/mL

Methamphetamine 50 ng/mL

C.2.3.2 Salient Characteristics for Oral Fluid Controls and Calibrators

The Contractor shall provide calibrators and control materials for the reagents, which shall meet SAMHSA's standards, OFTS's, DOT's and DOD's standard cutoff values. The controls and calibrators shall be available in no less than 4 mL or greater than 25 mL (liquid). The calibrators and controls shall be in liquid form whenever possible. If liquid form is not available then lyophilized may be provided.

Lot numbers shall be good for six (6) months from the date of receipt. Calibrators and controls shall have a 30-day expiration of opened or reconstituted products.

Precision Within Run C.V. 5% or less Between Run C.V. 5% or less Oral fluid matrix

Control values shall be at approximately 75% and 125% of the cut-off levels.

Calibrators and Controls Desired Unit Volume

Calibrators (High, Medium, Low, Negative) 4 mL per vial Controls (Low, High) 40 mL per vial PM Calibrators/Controls (High, Medium, Low, Negative) 10 mL per vial Extraction Buffer 1 L per bottle Synthetic negative oral fluid diluted with extraction buffer 500 mL per bottle

C.2.3.3 Specimen Collection Devices and Accessories for Oral Fluid Testing

The collection devices shall conform to the approved SAMHSA's standards and be FDA cleared single use collection device intended to collect oral fluid specimens. The collection device shall maintain the integrity of such specimen during transport and storage so it can be tested for the presences of the drug or their metabolites. The device shall provide a sealable, non-leaking container that maintains the integrity of the specimen during storage and transport. The device shall consist of components that ensure the pre-analytical drug and drug metabolite stability and not affect the composition of the drug and/or drug metabolites in the oral fluid specimen.

The device shall have accessories such as filter tubes and caps for specimen processing to maintain the integrity of the oral fluid specimens collected.

The device shall be suitable for a reliable and reproducible collection of 1 mL ± 10% of undiluted (neat) oral fluid. If the device contains a diluent (or other component, process, or method that modifies the volume of the testable specimen), the volume of the oral fluid collected shall be within 0.1 mL of the target volume, and the volume of diluents in the device shall be within 0.05 mL of the diluent's target volume.

The device shall allow the stability (recoverable concentrations ≥ 90% of the concentration at the time of collection) of the drugs and/or drug metabolites for one (1) week at room temperature and under intended storage and transport conditions.

The device shall allow recovering of ≥ 90% (but no more than 120%) of the drug and/or drug metabolite in the undiluted (neat) oral fluid at (or near) the test cutoff.

C.2.3.4 Additional Requirements for Oral Fluid Collection Devices

The Contractor shall provide on-site training on the collection and handling of the oral fluid specimens using the collection device.

C.2.3.5 Oral Fluid Validity Testing

The Contractor shall provide oral fluid specimens required for the validation testing on two (2) AU5810 analyzers.

C.2.4 Synthetic Cannabinoids

C.2.4.1 Salient Characteristics for Synthetic Cannabinoid Reagents

The Contractor shall provide synthetic cannabinoid HEIA reagent kits for up to 240,000 tests for 12 months including the calibrators, controls, and negative controls as per the below table. The reagents shall detect the following metabolites at a 10 ng/mL cutoff or better: AB-PINACA, ADB-PINACA, AB-FUBINACA, ADB-FUBINACA, AB-CHIMINACA, and their metabolites.

The following cutoffs for synthetic cannabinoid specimens are currently desired by OFTS for the initial immunoassay test.

ANALYTE CUTOFF LEVEL

Synthetic Cannabinoids 10.0 ng/mL

C.2.4.2 Salient Characteristics for Synthetic Cannabinoid Controls and Calibrators

The Contractor shall provide calibrators and control materials for the reagents, which shall meet SAMHSA's standards, OFTS's, DOT's and DOD's standard cutoff values.

The calibrators and controls shall be in liquid form whenever possible. If liquid form is not available then lyophilized may be provided. The controls and calibrators shall be available in no less than 5 mL or greater than 25 mL (liquid).

Precision Within Run C.V. 5% or less Between Run C.V. 5% or less

Sensitivity: at 96% Specificity: 100% Accuracy: 98-100%

The Contractor shall provide synthetic cannabinoids as three (3) calibrators and synthetic cannabinoids as three (3) control sets as outlined below.

Calibrators/Controls Desired Unit Volume

Calibrators (High, Medium, Low) 5 mL per vial Controls (High, Low, Negative) 5 mL per vial

C.2.5 Specific Mandatory Tasks and Associated Deliverables

-The Contractor shall provide all initial on-site training for the proper techniques in specimen handling, preparation, and use on the existing AU5810 instruments for testing as needed within 15 days after Contract award or on a mutually agreed date with the Government. The Contractor shall provide on-site training on two (2) AU5810 and parameters that are compatible with the operation of the AU5810 and instruments for testing oral fluid. Training will be held at 90 K Street NE in Washington, DC.

-The Contractor shall provide technical support and troubleshooting help as needed. Technical support shall be provided for assay setup, validations, and correlation procedures. Technical support shall include assay trouble-shooting, establishing and clarifying test methods and assay upgrades. Technical support shall be available by telephone 24 hours per day, 7 days a week by local or toll-free number at no additional cost to the Government. The Contractor shall provide technical support for the assays via telephone and on-site when needed.

-The shelf life of unopened assay kits or components shall be at least 180 days from the date of delivery to OFTS. The shelf life of opened components or kits with broken container seals shall be at least 30 days. A Safety Data Sheet (SDS) shall accompany each reagent, calibrator, and control shipment.

-The Contractor shall deliver within 24 hours of receipt of notice reagents, calibrators and controls for the testing of the assay.

-The Contractor shall provide all equipment-specific consumable supplies, such as surfactants, and conditioning and cleaning solutions needed to perform the current volume of testing stated in Section C.2.

-The Contractor shall supply sufficient test tubes for the volume of testing per year.

Section D - Packaging and Marking

Preservation, packaging, and marking for all items delivered herein shall be in accordance with commercial practices and adequate to ensure acceptance by common carrier and safe arrival at destination. All documentation, reports, and other deliverables shall clearly indicate the project title, Contract number, and COR.

The reagents shall be provided with a product package insert and include data demonstrating specific performance characteristics, such as accuracy, precision, sensitivity, specificity, cross-reactivity, and safety precautions. The instruction sheet(s) shall include protocols optimized for OFTS's operations as represented in these specifications and at cutoffs utilized by OFTS. The instruction's sheet shall include operating parameters and instrumentation settings for use of the reagent on the Beckman AU5810 analyzer equipment.

Section E - Inspection and Acceptance Terms

E.1 QUALITY ASSURANCE AND PERFORMANCE STANDARDS

Services performed by the Contractor and materials used shall meet the manufacturer's standard. The Contractor personnel shall meet the training standards and the Contractor's instructional hours. The Contractor shall provide valid documentation supporting the manufacturer's production standards, guidelines and certificate of conformance. Documentation of training shall be provided to the Government upon request. Work performed by the Contractor, materials used, technical guidelines, and administrative documented guidelines shall be provided to the Government upon request. Contractor personnel shall demonstrate they can perform all necessary tasks associated with the assay implementation, validation and performance.

Section F - Delivery or Performance

Line Item: 0001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

PSA - See Delivery Schedule See Delivery Schedule

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Line Item: 1001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

PSA - See Delivery Schedule See Delivery Schedule

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Line Item: 2001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

PSA - See Delivery Schedule See Delivery Schedule

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Line Item: 3001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

PSA - See Delivery Schedule See Delivery Schedule

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Line Item: 4001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

PSA - See Delivery Schedule See Delivery Schedule

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F.1 REPORTING REQUIREMENTS

The Contractor shall submit the following documentations within 24 hours from the time it becomes known by the Contractor to the COR and the CO via email:

-Updates or changes to assay instrument protocols;

- FDA recall notices; and -AU5810 analyzer parameter sheet.

F.2 GOVERNMENT RESPONSIBILITIES

The Government will be responsible for making the affected instrumentation available to the Contractor during the normal business hours of 8:00 am to 4:30 pm EST at a date and time agreeable to the Government.

Access is necessary for the Contractor's technicians for assay setup, validation and correlation procedures. If there is a need for work to be done after hours, the Government will make arrangements for the Contractor to have access to laboratory for the following reasons:

-Troubleshooting possible problems with the assays;

-Testing validations;

-Assay setup;

-Assay correlations; and

-Assay upgrades.

F.3 PERIOD OF PERFORMANCE

The period of performance is one base year with four option years. The option years shall be exercise at the discretion of the Government. The actual dates will be filled in at the time of award.

Base Year: Date of award (DOA) through 12 months Option Year 1: 13 through 24 months Option Year 2: 25 through 36 months Option Year 3: 37 through 48 months Option Year 4: 49 through 60 months

This Contract includes FAR clause 52.217-8 that allows a period of performance extension of up to six (6) months.

F.4 PLACE OF PERFORMANCE

The place of performance shall be at 90 K Street NE Suite # 102 in Washington, DC 20530 and 500 Indiana Avenue NW in Washington DC 20004.

F.5 WORK HOURS

The Contractor shall be available during the normal business hours of 8:00 am to 4:30 pm EST Monday thru Friday (except federal holidays).

Section G - Contract Administration Data

Requesting Office Address PSA Pretrial Services Agency 633 Indiana Ave, NW Suite 1134 Washington DC 20004 Phone:

Contact Details:

COTR Office Address PSA Pretrial Services Agency 633 Indiana Ave, NW Suite 1134 Washington DC 20004 Phone:

Contact Details:

Rollins, Evron S evron.rollins@psa.gov

Issuing Office Address PSA Pretrial Services Agency 633 Indiana Ave, NW Suite 1134 Washington DC 20004 Phone:

Contact Details:

Rollins, Evron S evron.rollins@psa.gov

G.1 CONTRACTING OFFICER (CO)

The Contracting Officer (CO) is the only person authorized to approve changes to the terms and conditions of this Contract.

In the event the Contractor effects any changes at the direction of any person other than the CO, the changes will be considered unauthorized and no adjustment will be made in the Contract price to cover any increase in costs incurred as a result thereof. The CO shall be the only individual authorized to modify any terms or conditions of the Contract. The CO is the only individual who can legally obligate Government funds. No costs chargeable to the proposed Contract can be incurred before receipt of a fully executed Contract, which includes any subsequent Contract modifications or other specific written authorization from the CO.

The CO is:

Jeffery Brakebill Pretrial Services Agency for District of Columbia Office of Finance and Administration/Procurement 633 Indiana Avenue, NW, Suite 1120 Washington, DC 20004 Email: Jeffery.Brakebill@psa.gov

The Contract Specialist (CS) is:

Evron Rollins Pretrial Services Agency for District of Columbia Office of Finance and Administration/Procurement 601 Indiana Avenue, NW, Suite 710 Washington, DC 20004 Email: Evron.Rollins@psa.gov

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

mailto:Jeffery.Brakebill@psa.gov

The CO will designate a COR to assist in monitoring services rendered and supplies delivered under this Contract. The COR is responsible for the technical administration of the Contract and is the technical liaison for the Government. The COR is not authorized to change the scope of work or specifications as stated in the Contract, to make any commitments or otherwise obligate the Government or authorize any changes, which affect the Contract price, delivery schedule, period of performance, or other terms and conditions. The Contractor will receive a copy of the COR appointment letter outlining the roles and responsibilities of the COR.

Note: The name and contact information of the COR will be provided in the Contract.

G.3 INVOICE AND PAYMENT

Invoices shall be prepared in accordance with FAR clause 52.212-4 (g), Contract Terms and Conditions-Commercial Items and the agency clause PSA212-70, Invoice Requirements.

Section H - Special Contract Requirements

PSA200-70 On-Site Working Conditions (SEP 2013)

(a) PSA facilities are smoking restricted workplaces. Due to the nature of the work, facilities, and requirements, contractor staff may only smoke outside in designated smoking areas.

(b) Unless otherwise specified elsewhere in the contract documents, the normal operating hours are between 7:00 am to 5:30 pm, Monday through Friday.

(c) Government personnel observe the following days as holidays:

New Year's Day January 1 * Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4* Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25*

If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

(d) In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order

• Presidential Inauguration Day

• Any other day designated by the President's Proclamation

(e) 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 contract. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(f) When the Federal, State, Local or other Governmental entity grants excused absence to its employees, assigned Contractor personnel may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and must be guided by the instructions issued by the CO or COR.

(g) If Government personnel are unavailable due to furlough or any other reason, the Contractor must contact the CO or the COR to receive direction. It is the Government's decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

(1) Contractor personnel who are able to continue contract performance (either on-site or at a site other than their normal workstation), must continue to work and the contract price shall not be reduced or increased.

(2) Contractor personnel who are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort. This may result in a reduction to the contract price.

PSA203-70 Subpoenas (SEP 2013) For the purposes of this contract, a subpoena is a command to appear that may or may not be signed by a judge, to give sworn testimony and/or to produce documents at a certain time and place.

Any contractor or subcontractor at any tier (to include its officers, employees, or agents) in receipt of a subpoena requesting information related to the services provided under this contract, or which relates to PSA operations, must notify the Contracting Officer and Contracting Officer's Representative. Notification should be provided, in writing, as soon as possible, but not later than one (1) business day after receipt of the subpoena to allow PSA time to review and take any action required by law to protect Government information. Written notification shall include a copy of the subpoena.

All requests for the testimony by the Contractor or its employees, and any intention to testify as an expert witness relating to:

(a) any work required by, and/or performed under, this contract; or (b) any information provided by any party to assist the Contractor in the performance of this contract, must be immediately reported to the Contracting Officer and Contracting Officer's Representative. Neither the Contractor nor its employees may testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the Contracting Officer or required by a judge via a court order.

The Contracting Officer shall provide additional guidance as needed and may request additional information. Contractor staff shall cooperate with the Contracting Officer and Contracting Officer's Representative and shall provide requested information, and as appropriate, testimony, in a timely manner.

This clause shall flow down and be included in all subcontracts (all tiers) issued in support of this contract.

PSA204-70 Announcement of Contract Award (SEP 2013) PSA complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards.

These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded.

PSA209-70 Contractor Performance Capabilities (SEP 2013) The Contractor must be capable of performing all the tasks described in the Statement of Work. The Government shall not be liable for any costs or other involvement in the purchase, repair, maintenance or replacement of Contractor items used to implement or comply with requirements of the contract. Likewise, the Government shall in no way be held accountable by the Contractor for the Contractor's inability to perform under this Contract due to Government technology implementations and or changes.

PSA209-71 Contractor's Key Personnel (SEP 2013)

(a) In order to ensure a smooth and orderly startup of work, it is essential that the key personnel specified in the Contractor's proposal be available on the effective date of the contract. If these personnel are not made available at that time, the Contractor must notify the Government Contracting Officer and show cause. If the Contractor does not show cause, the Contractor may be subject to default action.

(b) The Contractor shall not of its own remove or replace any personnel designated as "key" personnel without the written concurrence of the cognizant Contracting Officer. Prior to utilizing employees other than specified personnel, the Contractor shall notify the Government Contracting Officer and the COR. This notification must be no later than five (5) calendar days in advance of any proposed substitution and must include justification (including resume(s) of proposed substitution(s)) in sufficient detail to permit evaluation of the impact on contract performance.

(c) Substitute personnel qualifications must be equal to, or greater than, those of the personnel being substituted. If the Government Contracting Officer and the COR determine that the proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the contract, the Contractor may be subject to default action. If deemed necessary by the Government, substitute personnel must be given a one-(1) day orientation by Contractor personnel at no additional cost to the Government and with no change in the delivery schedule.

(d) In the event that the performance of assigned Contractor personnel or any substitute(s) is determined by the Government to be unsatisfactory at any time during the life of the Contract, the Government reserves the right to request and receive satisfactory personnel replacement within five (5) calendar days of receipt by the Contractor of written notification. Notification will include the reason for requesting replacement personnel.

(e) The Contractor-supplied personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed herein.

The Contractor must select, supervise, and exercise control and direction over its employees (including subcontractors) under this Contract. The Government shall not exercise any supervision or control over the Contractor in its performance of contractual services under this contract. The Contractor is accountable to the Government for the action of its personnel.

(f) The Contractor is herewith notified that employee recruiting and employee retention practices shall be monitored on a regular basis.

(g) Every sixty days, the contractor shall submit a Contractor Staffing Change Report (included in the attachments) to the Contracting Officer and Contracting Officer's Representative summarizing staffing changes that have occurred within the previous reporting period. If no changes have occurred, state "no change" on the form.

PSA209-72 Qualifications of Contractor's Employees (SEP 2013) The Contracting Officer may require dismissal from work of those employees which he/she deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment he/she deems contrary to the public interest or inconsistent with the best interest of national security. The Contractor must fill out, and cause each of its employees on the contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor's employees must be fingerprinted. Each employee of the Contractor who works on this contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status.

PSA209-73 Standards of Conduct (SEP 2013)

(a) Personnel assigned by the contractor to the performance of work under this order must be acceptable to the Government in terms of personal and professional conduct. Contractor personnel shall conform to standards of conduct as follows:

(1) No contractor employees shall solicit new business while performing work under this order.

(2) The contractor and its employees shall not discuss with unauthorized persons any information obtained in the performance of work under this order.

(b) Should the continued assignment to work under this order of any person in the contractor's organization be deemed by the Contracting Officer to conflict with the interests of the Government, that person shall be removed immediately from assignment, and the reason for removal shall be fully documented in writing by the Contracting Officer. Employment and staffing difficulties shall not be justification for failure to meet established schedules, and if such difficulties impair performance, the contractor may be subject to default.

PSA209-74 Organizational Conflicts of Interest (SEP 2013)

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default/Cause, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.

(e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:

(1) Notify the Contracting Officer of a potential conflict, and;

(2) Recommend to the Government an alternate approach which would avoid the potential conflict, or

(3) Present for approval a conflict of interest mitigation plan that will:

(i) Describe in detail the changed requirement that creates the potential conflict of interest; and

(ii) Outline in detail the actions to be taken by the

Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

(4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

(5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

PSA212-70 Invoice Requirements (DEC 2016)

(a) All invoices must be submitted electronically to PSA-Invoices-Accounting@psa.gov and must contain, at a minimum, the information required by FAR Subpart 52.212-4(g). Invoices not received at the email address above and/or not containing the minimum information required at FAR 52.212-4(g) may be subject to return by the Agency and may result in delay of payment.

(b) Invoices shall be submitted in a timely manner, but not later than 30 calendar days after delivery of goods or performance of service.

(c) Contractor's final invoice shall be clearly marked as the FINAL INVOICE.

(d) For contract awards exceeding $150,000, within 30 calendar days following receipt of payment of FINAL

INVOICE, the contractor shall submit, to the Contracting Officer, a completed Contractor's Release Statement which is included as an attachment to the contract.

PSA219-70 Small Business Subcontracting Plan (SEP 2013)

(a) If your company is required to file a Small Business Subcontracting Plan in accordance with FAR 52.219-9, please use the Subcontracting Plan Template attached to this solicitation for that purpose.

(b) The on-line Electronic Subcontracting Reporting System (eSRS) must now be used for input of the reports required by FAR 52.219-9(d)(10)(iii). To comply with this requirement, please do the following:

(1) If your company does not yet have an eSRS account, then please sign up for one at www.esrs.gov. A user guide that explains how to use eSRS is available at:

http://esrs.gov/documents/esrs_contractor_user_guide_1.7.pdf. If you notice that your company contact information or DUNS number in eSRS are not correct, then please make corrections through the System for Award Management (SAM) website at www.sam.gov. The data will then flow from the SAM to the Federal Procurement Data System – Next Generation (FPDS-NG) and then finally into the eSRS system. Repopulation of your eSRS contact info can take two business days after you make corrections in the SAM. Please include the e-mail addresses of the contracting officer in eSRS for notification in block 13 of the report.

PSA224-71 Freedom of Information Act Requests (SEP 2013)

(a) Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore:

(1) All items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked in all documents submitted to the Pretrial Services Agency for the District of Columbia (PSA or The Government). Marking of items will not necessarily preclude disclosure when the PSA determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

(2) No later than five (5) business days after award of a contract or order, the Contractor must provide the PSA Contracting Officer a redacted copy of the contract or order in electronic format. This copy will be used to satisfy any requests for copies of the contract or order under the FOIA. If the Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition Regulation.

(b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

(c) In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.

(d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such mailto:PSA-Invoices-Accounting@psa.gov http://www.esrs.gov http://esrs.gov/documents/esrs_contractor_user_guide_1.7.pdf http://www.sam.gov officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the 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.

PSA228-70 Insurance (SEP 2013)

(a) In accordance with FAR 52.228-5, "Insurance-Work on a Government Installation (JAN 1997)" incorporated by reference, the Contractor must secure, pay the premiums for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance of the types and in the amounts as specified under FAR 28.3.

(b) Each policy of insurance must contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government's interest must not be effective unless the insurer or the Contractor gives written notice of cancellation or change, as required by the CO. When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the CO's prior approval.

(c) A certificate of each policy of insurance must be furnished to the CO within ten (10) days after notice of award certifying, among other things, that the policy contains the aforementioned endorsement. The insurance company providing the above insurance must be satisfactory to the Government. Notices of policy changes shall be furnished to the CO. The substance of this clause must be made to flow down to any subcontractors.

PSA233-70 PSA Protest Procedures (SEP 2013)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation may be filed directly with the agency or the Government Accountability Office (GAO). Protests that are filed directly with an agency, and copies of any protests that are filed with GAO, shall be served on the Contracting Officer by obtaining written and dated acknowledgement of receipt from the Contracting Officer.

(b) An interested party who files a protest with the agency has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Head of Contracting Activity (HCA) for the Pretrial Services Agency for the District of Columbia (PSA). The protest must clearly indicate the official to whom it is directed.

(c) If the protest is directed to the HCA, a copy must be sent to the Contracting Officer at the same time the protest is filed with the HCA. The address of the HCA is:

Jeffery C. Brakebill, C.P.M.

Head of Contracting Activity Pretrial Services Agency for the District of Columbia 633 Indiana Avenue, NW, Suite 1158 Washington, DC 20004-2908

PSA223-71 Environmentally Preferable Products and Services (SEP 2013)

(a) Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices,…