CSOSA-15-R-0140.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

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

A

B

C

D

E

F

G

H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

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

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

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

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

20150706

See Block 7

CSOSA

Court Services and Offender Supervision Agency, Procurement 633 Indiana Ave, NW, Suite 880, Washington, DC 20004

CSOSA-15-R-0140

3 (three)

Block 7 Noon

Lawrence B. Toperoff lawrence.toperoff@csosa.gov

3 - 6

46 - 48 38 - 45

24 - 37

9 - 23

202 2205710

CSOSA

Court Services and Offender Supervision Agency Office of Financial Management 633 Indiana Ave, NW, Suite 850, Washington, DC 20004-2902

Lawrence B. Toperoff

1.10 Invoice Instructions

12/30/2014

February 5, 2015

CSOSA‐15‐R‐0140

Professional Services Executive Coaching and Facilitation

Solicitation CSOSA‐15‐R‐0140

Court Services and Offender Supervision Agency

B. Supplies or Services and Price/Costs

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Executive Coaching and Facilitator Period of Performance:

Date of award for 12 months.

Inclusive of Other Direct Costs (ODCs)

1.00 LO __$________________ ___$_______________

GRAND TOTAL __$________________

Accounting and Appropriation Data

ACRN APPROPRIATION REQUISITION

NUMBER

AMOUNT

1 20150706 $

Professional Services Executive Coaching and Facilitation Solicitation CSOSA‐15‐R‐0140

Court Services and Offender Supervision Agency

C. Description/Specs/Work Statement

C.1 BACKGROUND AND PURPOSE

The Court Services & Offender Supervision Agency for the District of Columbia (CSOSA) is an independent, executive branch Federal Agency, established under Section 11232 of the National Capital Revitalization and Self‐Government

Improvement Act of 1997. The Act effectuated the reorganization and transition of functions relating to pretrial services, parole, adult probation and offender supervision in the District of Columbia to a Federal arena. The mission of CSOSA is to increase public safety, prevent crime, reduce recidivism, and support the fair administration of justice in close collaboration with the community.

CSOSA endeavors to engage in a process of continual quality improvement to support the highest level of performance of the Executive Leadership Team. Senior Executive Staff realizes that a focus on enhancing team performance is paramount to actualizing the vision of the organization and achieving its mission. As CSOSA endeavors to bring increasing value to the communities that it serves, to the Agency’s stakeholders, and to the taxpayers, a focus on the Executive team’s individual and interdependent characteristics, roles and functions contributes to furthering the Agency’s strategic objectives noted in the Agency’s Strategic Plan.

In the most recent FY 2014 Federal Employee Viewpoint Survey (EVS) (available from the Office of Personnel

Management (OPM) web site http://www.fedview.opm.gov/), CSOSA’s results in the areas of leadership and talent management were quite low. To improve these results for FY 2015 and onward, CSOSA is requesting the services of a contractor to facilitate improving performance of the Agency’s Senior Executive Leadership Team and its cascading impact on subordinates and the workforce. The goals of this engagement are to help the Senior Executive

Leadership Team to identify and resolve challenges that will facilitate improved cooperation and collaboration towards the Agency’s goals. CSOSA is seeking contractual services for a Contractor to conduct a climate assessment of the Senior Executive Leadership Team, plan and deliver a two to three day off‐site executive level leadership workshop in 2015 for its Senior Executive Leadership Team, provide follow‐on consultation for one year, conduct a follow‐up assessment of the climate at the conclusion of the performance period, and provide Executive debriefings during the performance period.

CSOSA requires an expert in executive leadership and performance improvement to conduct assessments of the climate and performance of the Senior Executive Leadership Team, facilitate an off‐site team workshop and to provide executive level team coaching. The expert should be experienced with relevant organizational and leadership assessment tools. The goals are for the Senior Executive Leadership Team, as a team, to achieve a higher functioning level, collaboration, and understanding that will lead to a positive cultural and organizational change at

CSOSA.

CSOSA believes that such services will result in increased positive rates of responses in the FY 2015 and 2016 Federal

EVS in the areas of leadership and talent management, improved functioning and efficiencies among Senior

Executive Leadership Staff, and achievement of the Agency’s Strategic Plan goals and objectives.

C.2 CONTRACT TYPE

This is a firm fixed price (FFP) labor hour (LH) contract for professional services. Services shall be in accordance with the Statement of Work.

C.3 STATEMENT OF WORK

3.1 Project Scope

The scope of the project will include:

3.1.1 Initial Executive Climate Assessment

The performance of a “climate assessment” of CSOSA’s Executive Leadership Team will provide the consultant with a firsthand understanding of the perspectives of the various members of the Executive Leadership Team.

This “Climate Assessment” includes a review of relevant materials such as organizational Leadership Team structure (Attachment J.1), functional organizational structure (Attachment J.2), Agency Strategic Plan

(Attachment J.3) (available at http://www.csosa.gov/about/plans‐reports/csosa‐strategic‐plan‐fy2014‐ fy2018.pdf), EVS scores (Attachment J.4)(available at OPM web site http://www.fedview.opm.gov/, etc.) and confidential interviews and/or surveys of each of the participants prior to the meeting. The goals of this assessment include:

Developing an understanding of the Agency, Executive priorities and issues to be addressed Preparing the facilitator to be able to more effectively tailor the Executive workshop to the issues most relevant to the team Introducing the facilitator to each participant and establishing rapport to build buy‐in

3.1.2. Executive “Advance” Preparation

Based on the findings of the Executive Climate Assessment, the contractor must develop a curriculum for a two to three day executive leadership workshop (Advance). The purpose of this workshop is twofold:

A. Implement team building and skill development for Executive Staff to:

1. Recognize the power of trust, credibility, respect, and recognition of various management styles in the workplace;

2. Capitalize on individual core values and attributes to maintain open lines of communication, build trust, and recognize valuable performance;

3. Apply principles and tactics to build trust‐based relationships and recognize high performance;

4. Motivate managers to incorporate vision, strategic planning, and elements of quality management into the full range of the organization's activities;

5. Encourage creative thinking and innovation among Senior Executive Staff and their staff that influences others toward a spirit of service and yields new designs and implementation of new or cutting edge programs/processes;

6. Be open and flexible to change and new information, to tolerate ambiguity, and to adapt behavior and work methods in response to new information, changing conditions, or unexpected obstacles;

7. Adjust rapidly to new situations warranting attention and resolution;

8. Identify, recognize, and understand each other’s skills, personalities, and management styles; and

9. Enhance the current organizational culture to one that is based on mutual trust, credibility, respect, and collaboration to achieve organizational objectives.

B. Identify and address strategic Agency priorities and gaps in the business processes:

1. Identify Agency priorities

2. Develop a 3‐5 year organizational vision

3. Align resource allocation with prioritization

4. Prepare short‐term and long‐term planning

3.1.3 Executive “Advance” Facilitation

The Executive Advance shall be facilitated in response to the stated objectives in this solicitation, feedback from the Climate Assessment and in accordance with the following aims:

Team Building & Skill Development

1. Strengthens organizational transparency, improves relationships among different management styles for enhanced alignment to CSOSA’s goals, and improves work place satisfaction;

2. Capitalizes on the core values and attributes of the Senior Executive Staff to enhance trust, and to strengthen recognition skills;

3. Strengthens Senior Executive Staff’s leadership engagement, communication, cooperation, and collaboration;

4. Identifies the existing organizational culture and ways to positively change it;

5. Assesses the personality, skills, and management styles of Senior Executive Staff to understand how their complementary styles, skill set, and personalities can fit within the agency’s organizational culture to achieve lasting results;

6. Builds clarity, commitment and engagement throughout CSOSA in support of Agency objectives;

7. Continuously identifies opportunities for improvement and develops processes to leverage the creativity of executive staff to implement solutions;

8. Demonstrates responsibility for program ownership;

9. Seeks ways to contribute solutions to problems that may be faced throughout CSOSA;

10. Reinforces and leverages trust among Senior Executive Staff to achieve Agency objectives;

11. Moves Senior Executive Staff to enterprise problem‐solving;

12. Teaches Senior Executive Staff how to drive change among each other and with their staff; and

13. Builds a culture of engagement among various management styles and functions for ways to assist others

Strategic Priorities & Planning

1. Identify Agency priorities

2. Develop a 3‐5 year organizational vision

3. Align resource allocation with prioritization

4. Prepare short‐term and long‐term planning

3.1.4. Executive Debriefing & Executive Consultation & Assessment Recommendations

The consultant shall provide a post‐Advance report to the Director with an Executive Summary to be shared with the Executive Team that addresses the lessons learned from the Executive “Advance” and recommendations for next steps. The consultant must outline a 12 month strategy for Executive Team Development to include.

1. Individual Executive Development Plans shall be developed to address assessed areas of skills improvement and barriers to effective collaboration and team participation

2. Executive Team Development Plan shall be developed to address the areas where additional collaboration can be improved. This plan would include specific enhancement strategies (i.e. use of Executive Staff meetings) and proposed timeframes.

3. Schedule and Agendas for quarterly follow‐up “Advances” to occur during the performance year

4. Ongoing consultation and coaching work plan

3.1.5. Quarterly Advances

To continue to address the issues raised in the climate assessment and initial advance, the contractor/facilitator shall convene quarterly 1 to 2 day advances to assess progress on team performance and the alignment of practice with stated priorities.

3.1.6 Follow‐up Assessment & Final Reporting

To measure progress in Executive Team performance, a follow‐up climate assessment shall be conducted in the final month of the performance year. This assessment will provide a comparison of the baseline assessment, 2015 EVS scores and other relevant Executive teaming indicators. Areas of significant progress will be identified along with areas of ongoing development and recommended development strategies will be provided. A final report will be expected within 30 days of the end of the period of performance.

D. PACKAGING AND MARKING

PACKING AND MARKING

All information and written deliverables shall be delivered to the address shown in Section F.2 entitled - Place of Performance - and shall be marked as follows:

1. Name and address of the Contractor;

2. Contract/Order Number;

3. Description of item contained therein; and

4. Consignee's name and address.

E. INSPECTION AND ACCEPTANCE

Inspection and Acceptance

All work described in the statement of work to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Government's Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all services, material, or supplies to be provided by the Contractor.

F. DELIVERIES OR PERFORMANCE

F.1 Deliveries

1) A project timeline and plan that include due dates for deliverables along with status reports.

2) A two to three day senior Executive “Advance” meeting proposal that includes written materials, proposed assessment instruments and activities that facilitate practical applications in building trust, respect, collaboration, and recognition skills.

3) Provision of the two to three day Senior Executive Leadership Staff Advance to Senior Executive Leadership Staff (no more than 15 staff). A note taker to record salient points and agreements is required.

4) Presentation of a Post‐Advance Report to the Director with an Executive Summary to all participants that outlines recommended solutions to enhance relationships and includes the following:

a) Individual Executive Development Plans, as well as the

b) Executive Team Development Plan.

5) Preparation of Timelines and Agendas for Quarterly Advances

6) Provision of a one to two day Senior Executive Leadership Staff Advance to Senior Executive Leadership

Staff (no more than 15 staff). A note taker to record salient points and agreements is required.

7) Final Report will be provided to the Agency Director and Contracting Officer’s Representative (COR) that will document the work over the performance period. It will provide an overview of the baseline findings, summarize the strategies employed, report feedback from participants and provide an assessment of the progress realized and areas where continued development is required.

Recommendations for continued improvements will be provided.

F.2 PLACE OF PERFORMANCE

The place of performance will be at CSOSA, identified CSOSA Off site location, and Contractors site.

F.3 PERIOD OF PERFORMANCE

The period of performance is from date of award for 12 months.

I CONTRACT CLAUSES

I.1 DISCLOSURE OF INFORMATION

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

In performance of this contract, the contractor assumes responsibility for protection of the confidentiality of

Government records and shall ensure that all work performed by its subcontractors shall be under the supervision of the contractor or the contractor's responsible employees.

Each officer or employee of the contractor or any of its subcontractors to whom any Government 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, 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 of 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.

I.2 52.228‐5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

I.3 52.232‐18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting

Officer.

I.4 52.232‐19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

I.5 52.233‐2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting

Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand‐Carried Address:

Director, Office of Procurement CSOSA Office of Procurement 633 Indiana Avenue NW, Suite 880 Washington DC 20004

Mailing Address:

CSOSA Office of Procurement 633 Indiana Avenue NW, Suite 880 Washington DC 20004

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the

GAO.

I.6 52.246‐4 INSPECTION OF SERVICES—FIXED‐PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the

Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the

Government's interest. If this contract is terminated, the rights, duties, and obligations of the parties, including compensation to the Contractor, shall be in accordance with Part 49 of the Federal Acquisition Regulation in effect on the date of this contract.

I.8 52.249‐8 DEFAULT (FIXED‐PRICE SUPPLY AND SERVICE) (APR 1984)

(a)(1) The Government may, subject to paragraphs (c) and (d) below, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to—

(i) Deliver the supplies or to perform the services within the time specified in this contract or any extension;

(ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below); or

(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below).

(2) The Government's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.

(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.

(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor.

Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the

Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.

(e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest.

(f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and

Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The

Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders.

(g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the

Government.

(h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

I.9 2852.204‐70 Personnel Security (DEC 2013) The Contractor agrees to adhere to all regulations prescribed by the Government in regards to the safety and security of staff and offenders/defendants. All contractor personnel (employees and sub‐contractors) utilized under this contract shall submit to a CSOSA background check and if necessary, a background investigation prior to performing. The intent and purpose of the background check/ investigation is to preclude the assignment of any individual who poses a threat to the Government or successful work completion due to past unlawful or inappropriate behavior. Contractor personnel must be U.S. citizens, or be lawfully permitted to reside in the United States and possess a valid work permit. The

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

CSOSA Background Checks

Once the contract has been awarded, the Contracting Officer (CO) will provide the contractor point‐of‐contact with the security forms for temporary contractors. Forms to be completed are:

CSOSA Security Form for Temporary Contractors (Form # CSOSA‐SEC‐0010)

CSOSA Credit Release

PIV Form (to be completed by CO if proximity card is needed. If an access card is not needed, this form is not required).

The CO will provide the completed security forms to the Office of Security to conduct the CSOSA background checks.

Once the CSOSA background checks are conducted and approved, the Office of Security will issue security approval to/through the CO, who in turn will notify the contractor and the COR. Only at that time may the Contractor notify an individual to begin work under this contract.

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

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

Office of Personnel Management (OPM) Background Investigation

Contracts of 180 days or more must undergo a background investigation by OPM in addition to the CSOSA background checks. The Office of Security will provide the additional security forms required for initiation of the OPM background investigation. The contractor will ensure that each individual assigned to this contract provides the following forms to the Office of Security:

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

OF 306, Declaration for Federal Employment

FD 258, Fingerprint Cards

If an individual is terminated, resigns or for any other reason is no longer working on the contract, the contractor shall ensure that all previously issued Government equipment and material (including government identification card, if one has been issued) is retrieved from that individual and returned to the CO immediately. The contractor must notify the

CO immediately when an individual is no longer working on the contract. The CO must immediately notify the Office of

Security and Office of Information Technology in writing so all electronic access can be promptly terminated. In addition, the Contractor shall coordinate with the CO or COR to identify a replacement if necessary. Replacements cannot start work until the Office of Security provides approval.

Both the CO and the COR shall ensure that all contractor employees who provide services under the contract have been approved by the Office of Security.

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

Any individual who has been temporarily removed or resigned may be required to undergo another CSOSA background check before resuming work.

By responding to the Government’s solicitation, contractor personnel agree to provide the requested information and cooperate with the above listed procedures. Any contractor personnel that does not obtain a favorable adjudication for the CSOSA background check or OPM background investigation will be unable to perform services under this contract. The final adjudicative determination will be made at the sole discretion of the Government. Any contractor personnel deemed unsuitable for employment will be unable to perform services under this contract.

I.10 2852.232‐71 Invoice Instructions

A. Requirements and Procedures

The Prompt Payment Act requires that all agencies make payment to their contractors on time, pay interest when payments are late, and take advantage of discounts when offered and when payment is made prior to the discount date.

In accordance with FAR 32.904, payments will not be made to contractors earlier than seven days prior to the due date or later than 30 days after the receipt of a proper invoice or acceptance of the items or services for which the invoice has been submitted, whichever is later. If payment is not made within the 30 day limit, the contractor is entitled to compensation in the form of an interest payment.

B. Payment Procedure for all Invoices

1. Submission of Invoices

Invoices for goods received or services rendered under this contract shall be submitted on a timely basis upon the completion of all services or the delivery of all items required by the contract or order. For contracts or orders requiring services or the delivery of items over several months, the contractor shall invoice on a monthly basis. Contractors performing recurring services should not invoice with a frequency greater than monthly unless provided explicit permission to do so.

All invoices should be sent electronically (Preferred Method) directly from the vendor to Office of Financial

Management (FMO) while simultaneously coping the Contracting Officer (CO) and Contracting Officer

Representative (COR) at:

Invoices.mailbox@csosa.gov, Simultaneously copy the COR to be appointed after award in writing by letter to be provided to contractor.

Simultaneously copy the Contract Officer :

Although not preferred, the contractor may mail invoices and any required backup documents. In cases that prohibit an electronic submission, the vendor shall:

Mail the invoice to:

Court Services and Offender Supervision Agency

Office of Financial Management

633 Indiana Avenue, NW

Room 850

Washington, DC, 20004‐2902

Invoices sent by vendors to locations other than the email above are not considered officially received by the Agency until actually received and date stamped by OFM.

The following information must be included on the invoice:

1. Contractor Tax Identification Number.

2. Contractor Mailing Address.

3. Contractor Phone Number.

4. Date of Invoice.

5. Contractor Invoice Number (unique).

6. CSOSA Contract / Order Number.

7. CSOSA Contract Line Item Number (CLIN) or item number.

8. Description, price, and quantity of work or services delivered in accordance with the Contract or Purchase Order.

9. Detailed list of date(s) and hour(s) of services performed or merchandise provided to CSOSA.

The contractor must submit an invoice for every CSOSA contract / Order Number. The invoice must identify the specific

Contract Line Item Number (CLIN) or item number for which the contractor is seeking payment under the contract or order. If the invoice covers multiple CLIN or item numbers, the invoice must identify specific amounts and activity applicable to each.

2. Invoicing for Cost Reimbursement and Labor‐Hour/Time‐and Material Contacts

If the contract is Labor‐Hour or Time‐and‐Material, the contractor shall ensure that each invoice is substantiated in accordance with FAR Clause 52.232‐7‐Payments under Time‐and‐Materials and Labor‐Hour Contract (FEB 2007). If the contract is cost‐reimbursable, the contractor shall submit all cost data verify reasonableness allocability and allowability in accordance with FAR Part 31.

3. Specific Documentation

Each month the contractor must submit a report on the status of each contract employee that was cleared by CSOSA Security. This report must be submitted to the Contracting Officer at the same time as the monthly invoice and include the names of all contract employees working under this agreement. It must also include:

1. Contract Employee Name.

2. Start Date.

3. Status: Active, Back Up or Terminated from this contract with date terminated.

4. Acceptance and Receipt Approval

CSOSA is bound by the Prompt Payment Act (5 CFR Part 1315) to reimburse vendors on the 30th calendar day after a proper and valid invoice is officially received by the Agency. Invoices submitted without required information are not considered proper. If the invoice is disputed / rejected by CSOSA, the COR appointed to the contract or order will notify the contractor in writing of the dispute within seven (7) days of the CSOSA invoice official receipt date (the date stamped on the invoice by OFM). The COR’s dispute / rejection notification will identify the specific invoice items and amounts being disputed, reason the items or amounts are disputed, a reference to the specific terms of the contract which supports the government’s dispute, copying the Contracting Officer and a request for an immediate explanation and / or corrected invoice. During the period of dispute, the Contractor is not entitled to any payment or interest.

Payments will not be made to the Contractor until actual acceptance by the Government occurs.

Contractor inquiries concerning an invoice payment may be made to the COR at any time or to OFM thirty (30) calendar days after a proper invoice has been submitted. The contractor may make payment inquires to the OFM email address identified above in paragraph “B1” or by calling the OFM Deputy Financial Manager at 202‐220‐5705.

5. Invoicing Changes

This Contract is subjected to Payment by Electric Funds Transfer (EFT) under the System for Award

Management (SAM). It is the responsibility of applicable contractors to register in the SAM government‐wide vendor registration database (www.sam.gov) prior to doing business with CSOSA. In accordance with FAR

52.232‐33, contractors must establish and update accurate payment remittance (banking) information in SAM.

Failure of the contractor to update SAM, and inform OFM, of changes in payment remittance (banking) information may lead to erroneous or delayed payments.

I.11 KEY PERSONNEL

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and Contracting Officer Representative and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation, interview of proposed replacement, by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer or Contracting Officer Representative and whose approval shall not be unreasonably withheld. The Government may modify the contract to add or delete key personnel at the request of the contractor or Governmnet.

(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 items:

(1) 52.222‐50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222‐50 (22 U.S.C. 7104 (g)).

(2) 52.233‐3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233‐4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108‐77, 108‐78).

(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 items:

[X] (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41

U.S.C. 253g and 10 U.S.C. 2402).

[X] (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110‐252, Title VI, Chapter 1 (41

U.S.C. 251 note)).

[] (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) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Jul 2013) (Pub. L. 109‐282)

(31 U.S.C. 6101 note).

[] (5) 52.204‐11, American Recovery and Reinvestment Act‐Reporting Requirements (JUL 2010) (Pub. L. 111‐5).

[] (6) 52.204‐14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111‐117, section 743 of Div. C).

[] (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (JAN 2014) (Pub. L. 111‐

117, section 743 of Div. C).

[X] (8) 52.209‐6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

[X] (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

[] (10) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of

Division C of Pub. L. 112‐74, section 740 of Division C of Pub. L. 111‐117, section 743 of Division D of Pub. L. 111‐8, and section 745 of Division D of Pub. L. 110‐161).

[] (11) 52.219‐3, Notice of HUBZone Set‐Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a).

[] (12) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved]

[] (14)(i) 52.219‐6, Notice of Total Small Business Set‐Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219‐7.

[] (iii) Alternate II (Mar 2004) of 52.219‐7.

[] (16) 52.219‐8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219‐9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219‐9.

[] (iii) Alternate II (Oct 2001) of 52.219‐9.

[] (iv) Alternate III (JUL 2010) of 52.219‐9.

[] (18) 52.219‐13, Notice of Set‐Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219‐14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[] (20) 52.219‐16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21)(i) 52.219‐23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10

U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[] (ii) Alternate I (June 2003) of 52.219‐23.

[] (22) 52.219‐25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul

2013) (Pub. L. 103‐355, section 7102, and 10 U.S.C. 2323).

[] (23) 52.219‐26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L.

103‐355, section 7102, and 10 U.S.C. 2323).

[] (24) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (NOV 2011) (15 U.S.C. 657f).

[] (25) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (26) 52.219‐29, Notice of Set‐Aside for Economically Disadvantaged Women‐Owned Small Business (EDWOSB)

Concerns (Jul 2013) (15 U.S.C. 637(m)).

[] (27) 52.219‐30, Notice of Set‐Aside for Women‐Owned Small Business (WOSB) Concerns Eligible Under the WOSB

Program (Jul 2013) (15 U.S.C. 637(m)).

[X] (28) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).

[] (29) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

[X] (30) 52.222‐21, Prohibition of Segregated Facilities (Feb 1999).

[X] (31) 52.222‐26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (32) 52.222‐35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (33) 52.222‐36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

[X] (34) 52.222‐37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[] (35) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (36) 52.222‐54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in

22.1803.)

[] (37)(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.)

[] (38) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (39)(i) 52.223‐16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC

2007) (E.O. 13423).

[] (ii) Alternate I (DEC 2007) of 52.223‐16.

[X] (40) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (41) 52.225‐1, Buy American Act—Supplies (FEB 2009) (41 U.S.C. 10a‐10d).

[] (42)(i) 52.225‐3, Buy American Act—Free Trade Agreements—Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (MAR 2012) of 52.225‐3.

[] (iii) Alternate II (MAR 2012) of 52.225‐3.

[] (iv) Alternate III (NOV 2012) of 52.225‐3.

[] (43) 52.225‐5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[] (44) 52.225‐13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (45) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (46) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

[] (47) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (48) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

[] (49) 52.232‐30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[X] (50) 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C.

3332).

[] (51) 52.232‐34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31

U.S.C. 3332).

[] (52) 52.232‐36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

[] (53) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (54)(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247‐64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items:

[] (1) 52.222‐41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

[] (2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (3) 52.222‐43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option

Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (4) 52.222‐44, Fair Labor Standards Act and Service Contract…