Sections_A_-_F_SF1449_Price_Schedule_SOW_Deliverables_-Final_7-15-16.doc

RFP CSOSA16R0021/FISMA Audit Services

See block 31c

7. FOR SOLICITATION

INFORMATION CALL

1:00 pm EST

10. THIS ACQUISITION IS FORMCHECKBOX

UNRESTRICTED OR FORMCHECKBOX

SET-ASIDE: 100 %FOR:

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SMALL BUSINESS FORMCHECKBOX

WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE _________________________UNDER THE WOMEN-OWNED SMALL BUSINESS _________________________PROGRAM NAICS $27.5M:

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HUBZONE SMALL

BUSINESS FORMCHECKBOX

EDWOSB FORMCHECKBOX

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:541611

SMALL BUSINESS FORMCHECKBOX

8 (A)

Court Services and Offender Supervision Agency

Office of Procurement

633 Indiana Avenue, NW, Suite 880

Washington D.C. 20004

11. DELIVERY FOR FOB DESTINA-

TINATION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

12. DISCOUNT TERMS

Net 30

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13a THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATED

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

Court Service Offender and Supervision Agency (CSOSA) 633 Indiana Ave NW

Washington, DC 20004 Court Services and Offender Supervision Agency

Office of Procurement

633 Indiana Avenue, NW, Suite 880

Washington D.C. 20004

FACILITY

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SEE ADDENDUM.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Federal Information Security Modernization Act (FISMA) Audit Services in accordance with the attached Statement of Work (SOW).

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

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

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

ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED

ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1___ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

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29. AWARD OF CONTRACT. REF. OFFER DATED . YOUR OFFERON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30b. NAME AND TITLE OF SIGNER (Type or Print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or Print)

Crandell McDonald 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Section B - Price Schedule

This is a Firm fixed price contract to provide Federal Information Security Management Act (FISMA) support services for one base period plus four (4) option periods.

Item Information

AMOUNT

POP Begin: September 2, 2016 POP End: November 30, 2016 Federal Information Security Modernization Act (FISMA) Audit Services

POP Begin: July 01, 2017 POP End: November 30, 2017 Federal Information Security Modernization Act (FISMA) Audit Services

POP Begin: July 01, 2018 POP End: November 30, 2018 Federal Information Security Modernization Act (FISMA) Audit Services

POP Begin: July 01, 2019 POP End: November 30, 2019 Federal Information Security Modernization Act (FISMA) Audit Services

POP Begin: July 01, 2020 POP End: November 30, 2020 Federal Information Security Modernization Act (FISMA) Audit Services

Section C – Statement of Work (SOW) l.0 INTRODUCTION

The Court Services and Offender Supervision Agency for the District of Columbia (CSOSA) is an independent agency in the executive branch of the federal government. CSOSA (herein called the Agency) includes two major components: 1) the Community Supervision Program (CSP) and 2) the Pretrial Services Agency (PSA). CSP is responsible for supervising adult offenders who are on probation, parole or supervised release in the District of Columbia. PSA is responsible for monitoring or supervising adult pretrial defendants released in the DC Superior and U.S. District Courts. The Agency is responsible for creating and maintaining a coherent and effective program that increases public safety, prevents crime, reduces recidivism, and supports the fair administration of justice. CSP includes the Office of the Director for the entire Agency, as well as Community Supervision Services.

2.0 BACKGROUND

The Court Services and Offender Supervision Agency for the District of Columbia (CSOSA) was established by the National Capital Revitalization and Self-Governmental Improvement Act of 1997 (the Revitalization Act ). CSOSA was certified as an independent Executive Branch Agency on August 4, 2000. CSOSA’s Community Supervision Program (CSP) performs supervision of adult offenders on parole, supervised release, and probation within the District of Columbia. The Pretrial Services Agency (PSA) of the District of Columbia, responsible for supervising pretrial defendants in the District of Columbia, is an independent entity within CSOSA.

CSOSA's mission is to enhance public safety, prevent crime and reduce recidivism among those supervised and to support the fair administration of justice in close collaboration with the community. In the District of Columbia, eighty percent of pretrial defendants are released to the community and approximately 70 percent of convicted offenders serve some portion of their sentence in the community. As such, CSOSA's effective supervision of pretrial defendants and convicted offenders provides a crucial service to the courts and paroling authority and is critical to public safety.

The CSOSA Office of the Director, Information Security Office is responsible for the Agency Information Security Program and the overseeing the Annual FISMA Audit Requirements as specified in the Federal Information Security Modernization Act (FISMA) of 2014.

3.0 PURPOSE

The purpose of this Statement of Work (SOW) is to obtain FISMA Audit Services to help meet the goals and objectives of the Office of Director, Information Security Office. CSOSA and PSA do not have an assigned Office of the Inspector General. Therefore, the SOW provides the Government’s requirements for an independent external auditor to perform an independent evaluation of the information security program and practices of the agency and to determine the effectiveness of such program and practices IAW the FISMA of 2014 and comply with FISMA annual reporting requirements.

4.0 SCOPE OF WORK

The Contractor shall perform an independent evaluation of the information security program and practices of the Agency to determine the effectiveness of such program and practices.

The Contractor shall populate the FISMA IG Reporting Metrics (https://www.dhs.gov/fisma) in the U.S. Department of Homeland Security (DHS) Cyberscope FISMA Reporting System accessed through the OMB Max Portal. The Contractor staff will be required to obtain (at CSOSA’s expense) a CSOSA-issued HSPD-12 PIV Smart Card.

The Contractor shall perform an independent assessment of CSOSA and PSA information security program and practices, using the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53A (As Amended) “Examine” and “Interview” assessment procedures. No technical testing will be performed under this contract. The vendor should leverage existing technical test results provided by other independent assessments. This assessment will cover the annual independent evaluation requirements under 44 U.S.C. 3553 (Annual independent evaluation) , which includes the Annual FISMA IG Reporting Metrics and populating in the DHS CyberScope FISMA Reporting system for CSOSA and PSA.

5.0 KEY PERSONNEL

5.1 PROJECT MANAGEMENT REQUIREMENTS

The Contractor shall identify an individual as the Program Manager (PM) for this statement of work. The program manager shall be the principal point of contact for all tasks performed under this contract. The Program Manager shall be responsible for managing all the necessary personnel assigned to this contract as well as meeting scheduled due dates and completing all the assigned tasks. The principal points of contact for the contractor PM shall be the COR. The contractor shall provide labor and management as necessary to complete the requirements of this Statement of Work. The work will be performed as prescribed by the PMO office and interpreted by the agency COR. The Contractor shall report weekly and monthly activity and progress of the deliverables.

5.2 PERSONNEL REQUIREMENTS

The Contractor shall provide qualified personnel to implement this statement of work throughout the duration of the contract. All Contractor personnel must have the knowledge, skills, abilities, and experience to conduct FISMA Audit Services, and receive approval from the Contacting Officer Representative (COR) prior to being added to the security assessment team. Resumes shall be submitted on all personnel for the COR approval.

The Contractor must provide the Contracting Officer Representative (COR) seven (7) days advance written notice of any changes in personnel. The individuals selected to work as replacement staff under this contract shall not negatively affect the project schedule. The individuals assigned to work under this contract should be of the same level and skill. A failure to provide project team continuity may result in unsatisfactory performance and a basis for default of this contract. In addition, no contract personnel will be allowed to enter on duty until the Office of Security provides an employment security approval.

Security approval will take approximately thirty days (30) after submission of properly completed security forms. This assumes no security issues arise through the clearance check.

6.0 DELIVERABLES

· Deliver an overall Project Plan with project schedule at the Kick-off Meeting, and submit updates of the project plan to COR, as revised.

· Deliver weekly written status reports to the COR which are due by close of business (COB) each Friday during the course of the active project.

· Deliver a Draft FISMA Independent Assessment Report for CSOSA and PSA.

· Populate in Draft (not submitted to DHS/OMB), the Annual IG FISMA Reporting Metrics in the DHS CyberScope FISMA Reporting system for CSOSA and PSA.

· Deliver a Final FISMA Independent Assessment Report for CSOSA and PSA.

· Deliver a Final FISMA Independent Assessment Out-Brief presentation for CSOSA and PSA Directors and Management.

7.0 GOVERNMENT RESPONSIBILITIES

CSOSA will provide access to technical managers, system, documentation, and meeting arrangement assistance. The Contractor shall provide concise requests for information or documentation related to this effort and CSOSA will respond and provide direction to assist with the completion of Program work.

Reasonable access to end user sites and facilities will be provided, including where applicable, computer equipment, telecom equipment, facilities, workspace and telephone for the Contractor's use during the project. CSOSA will grant employment security approvals (as necessary) for escorts as required to access the site for service delivery and provide access to all areas where equipment is to be installed.

The resulting efforts shall be carried out by the contractor and monitored by the COR.

8.0 SECURITY REQUIREMENTS

2852.239-70 - Information Security and Privacy (February 2015) Personally Identifiable Information (PII), Personal Health Information (PHI), or Sensitive Information Storage and Handling:

The Contractor is responsible meeting information security and privacy requirements, and for the proper handling of Personally Identifiable Information (PII), Personal Health Information (PHI), or Sensitive Information Marked as Controlled Unclassified Information (CUI) as defined by Executive Order 13556 (or similar markings – For Official Use Only (FOUO), Sensitive Security Information (SSI), Sensitive But Unclassified (SBU), or any other forms of non-public information). Such information security and privacy requirements include the Federal Information Security Modernization Act of 2014, E-Government Act of 2002, Privacy Act of 1974, and other applicable laws, Executive Orders, directives, policies, standards, instructions, regulations, or procedures, and agency directives, policies, instructions, regulations, or procedures. The Contractor must store, process, or transmit all PII, PHI, or Sensitive Information only within CSOSA-controlled IT resources. Any exceptions must be formally approved in writing by the CSOSA Director, Chief Information Office, Chief Privacy Officer, Chief Information Security Officer, Records Management Officer, and formally distributed to the vendor in writing via the authorized CSOSA Contracting Officer. If exceptions are granted, specific information security and privacy requirements will be determined and formally provided to the contractor.

Information Security and Privacy Training:

The Contractor is responsible for completing initial Information Security and Privacy Training in accordance with federal regulations and agency requirements, and completing annual training thereafter.

Computer Security Incident and Privacy Breach Notification:

The Contractor agrees that in the event of any actual or suspected computer security incident or breach of Personally Identifiable Information (PII), Personal Health Information (PHI), or Sensitive Information Marked as Controlled Unclassified Information (CUI) as defined by Executive Order 13556 (or similar markings – For Official Use Only (FOUO), Sensitive Security Information (SSI), Sensitive But Unclassified (SBU), or any other forms of Non-Public Information), the Contractor will notify within one hour, the CSOSA Chief Information Officer, Chief Privacy Officer, Chief Information Security Officer, and the Contracting Officer's Representative (COR) or Contracting Officer (CO).

9.0 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL ELECTRONIC

AND INFORMATION TECHNOLOGY PROCUREMENTS (SECTION 508)

Not Required

10.0 PROHIBITION AGAINST SOLICITING AND PERFORMING PERSONAL SERVICES

(a) The performance of personal services under this contract is strictly prohibited.

(b) Personal service contracting is described in Section 37.104 of the Federal Acquisition Regulations (FAR).

(c) The Government and the Contractor understand and agree that the support services to be delivered under this contract are non-personal services and the parties recognize and agree that no employer-employee relationships exist or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor's employees. It is therefore, in the interest of the Government to afford the parties a full and complete understanding of their respective obligations.

(d) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are appointed or employed by a Federal employee, or are under the supervision, direction, or evaluation of a Federal employee.

(2) Be placed in a Federal staff or policymaking position.

(3) Be placed in a position of supervision, direction, or evaluation over the Agency personnel, or personnel of other contractors, or become a part of a government organization.

(e) Employee Relationship

(1) The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the Government.

(2) Rules, regulations, direction, and requirements which are issued by the Agency Management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

(3) The Contractor shall immediately advise the Contracting Officer if the contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.

(f) Contractor Management Responsibility:

The Contractor shall appoint a supervisor/manager who will be the contractor's authorized representative for technical and administrative performance of all services required hereunder. The supervisor shall provide the single point of contact through which all contractor/government communications, work, and technical direction shall flow. The supervisor shall receive and execute, on behalf of the Contractor, such technical direction as the COTR may issue within the terms and conditions of the contract. All administrative support of contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the Contractor. The Contractor will not be paid for performance of personal services.

11.0 CONTRACT TYPE

This Contract will be Firm‐Fixed Price (FFP).

12.0

ORGANIZATIONAL CONFLICT OF INTEREST

The Contractor shall meet all independence standards as defined by Government Auditing Standards and shall submit signed personal statements of independence (example included in Section J, Attachment J-1) for all personnel directly charging to this contract.

13. INSPECTION AND ACCEPTANCE

13.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

FAR Number Title

Date 52.246-4

Inspection of Services -- Fixed-Price (Aug. 1996)

13.2 INSPECTION AND ACCEPTANCE AT POINT OF ORIGIN

Inspection and Acceptance of the supplies or services to be furnished under this contract shall be made at the point of origin by the Government representative.

(End of Section)

14. DELIVERIES OR PERFORMANCE

14.1 PLACE AND TIME OF PERFORMANCE

The Contractor shall perform all work under this contract at the Agency Headquarters located at 633 Indiana Avenue NW, Washington DC; however the Agency also has additional sites throughout Washington, DC which would be within scope.

The Agency’s business hours are 7:00 AM to 6:00 PM, Monday – Friday, except federal holidays. The

Contractor will coordinate work hours at government facilities with the COR. The Contractor will not perform work at government facilities on federal holidays or other non-work days without prior approval of the COR.

14.2 PERIOD OF PERFORMANCE

(a) Under this contract, the Base Period of Performance shall be from the date of award and shall continue through five (5) years, if all options are exercised.

For the purpose of this award, “contract award” is defined as the date upon which the award document is signed by the Contracting Officer.

(b) The Government reserves the right to unilaterally exercise each of the four (4) one-year option periods, but is not obligated to do so. If exercised, each Option Period of Performance will be for one (1) year.

(c) The anticipated award date is August 2, 2016. This contract consists of a base period and four (4) option periods. The performance periods for this contract are as follows:

BASE PERIOD

09/02/2016 – 11/30/2016

OPTION PERIOD 1

07/01/2017 – 11/30/2017

OPTION PERIOD 2

07/01/2018 – 11/30/2018

OPTION PERIOD 3

07/01/2019 – 11/30/2019

OPTION PERIOD 4

07/01/2020 – 11/30/2020

14.3 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the COR designated in Section G, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

(End of Section)

15. CONTRACT ADMINISTRATION

15.1 ROLES AND RESPONSIBILITIES OF GOVERNMENT PERSONNEL

(a) Contracting Officer (CO): The Contracting Officer has the overall and primary responsibility for the administration of this contract. Only the Contracting Officer has authority to enter into, administer, or terminate this contract on behalf of the Government. This includes modifying and deviating from the contract terms, conditions, requirement, specifications, and delivery schedules; making final decisions involving such matters as invoice payments or other consideration due to the Government for nonperformance or unsatisfactory performance, interpreting the contract, and resolving disputes; and, terminating the contract for default or convenience. The Contracting Officer also has authority to delegate certain responsibilities to an authorized Government representative.

*Contracting Officer and Contracting Officer used interchangeably in this document

(b) Contracting Officer’s Representative (COR): The CO will appoint individuals to act as authorized representatives in the monitoring and administration of this contract. This individual is designated in writing as a Contracting Officer’s Representative (COR). An individual designated as a COR is authorized to perform the following functions and those functions in accordance with COR appointment letter:

(1) Coordinate the technical aspects of this contract and inspect all required services.

(2) Certify and accept invoices for payment for the services and/or supplies rendered and allowed under the terms and conditions of this contract.

15.2 CONTRACT ADMINISTRATION

(a) This contract will be administered by:

Court Services and Offender Supervision Agency

Office of Procurement

633 Indiana Avenue, NW, Suite 880

Washington D.C. 20004

Yolanda Jordan, Sr. Contract Specialist

However, any CO assigned to the Agency and acting within his/her authority, may take formal action when contract administration is required and the primary CO is unavailable.

(b) Written communications shall make reference to the contract number and shall be mailed to the above address. Only the Contracting Officer or authorized representative acting within the limits of authority as defined by the Contracting Officer’s appointment letter may direct the Contractor (contractor) and/or obligate the Government. No order, statement or conduct by Government personnel who visit the contractor’s facility, or communicate with the contractor’s personnel during contract performance, shall constitute a change to the contract, unless such change is authorized by the Contracting Officer.

(c) Any actions taken by the Contractor outside the terms and conditions of this contract shall be deemed to have been at the Contractor’s convenience and therefore shall not obligate the Government to pay the Contractor for those efforts.

15.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) Upon award, the Contracting Officer will designate a Contracting Officer’s Representative (COR) to coordinate the technical aspects of this contract and to inspect and accept services furnished hereunder; however, this individual shall not be authorized to: change any expressed terms, conditions, or specifications of the contract; increase or decrease the total contract pricing; or interfere with the Contractor’s right to perform the terms and conditions of the contract.

(b) The COR is authorized to certify, reject, or deny invoices for payment in accordance with Section G-4. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer.

(c) The COR will function as a liaison between the Contractor and the Government. The presence or absence of the COR shall not be deemed to relieve the Contractor from any requirements under this contract.

(d) The following person is hereby designated to act as COR on this contract.

TBD UPON AWARD

15.4 CSOSA CLAUSE 2852.232-71 - INVOICE INSTRUCTIONS (JAN 2014)

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 (7) days prior to the due date or later than thirty (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 thirty (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 (OFM) while simultaneously coping the Contracting Officer (CO) and Contracting Officer Representative (COR) at:

Invoices.mailbox@csosa.gov, Simultaneously copy the COR: TBD, Simultaneously copy the Contract Officer: Crandell McDonald

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 (OFM)

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. Specific Documentation

Each month, the contractor must submit a report on the status of each contract employee (if applicable) 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.

C. Acceptance and Receipt Approval CSOSA is bound by the Prompt Payment Act (5 CFR Part 1315) to reimburse vendors on the thirtieth (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 or by calling the OFM Deputy Financial Manager at 202-220-5705.

D. 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 the Agency. 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.

15.5 METHOD OF PAYMENT

(a) Payments under this contract will be made either by check or by wire transfer through the Treasury Financial Communications System at the option of the Government.

(b) The Contractor shall forward the following information in writing to the Contracting Officer not later than seven (7) days after receipt of notice of award:

(1) Full Name (where practicable), title, telephone number, and complete mailing address of responsible official(s):

(i) to whom check payments are to be sent, and

(ii) who may be contacted concerning the bank account information requested below.

(2) The following bank account information required to accomplish wire transfers:

(i) Name, address, and telegraphic abbreviation of the receiving financial institution.

(ii) Receiving financial institution's 9-digit American Bankers Association (ABA) identifying number for routing transfer of funds. (Provide this number only if the receiving financial institution has access to the Federal Reserve Communications System.)

(iii) Recipient's name and account number at the receiving financial institution to be credited with the funds.

(iv) If the receiving financial institution does not have access to the Federal Reserve Communications System, provide the name of the correspondent financial institution through which the receiving institution receives electronic funds transfer messages. If a correspondent financial institution is specified, also provide:

(a) Address and telegraphic abbreviation of the correspondent financial institution.

(b) The correspondent financial institution's 9-digit ABA identifying number for routing transfer of funds.

(c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing at least thirty (30) days before the effective date of the change. It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts.

(d) The document furnishing the information required in paragraphs (b) and (c) must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number.

15.6 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the "Changes" clause, or any other clause of this contract, such costs shall be in accordance with the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulation (48 CFR Ch 1) in effect on the date of the event.

16. POST AWARD EVALUATION AND CONTRACTOR PERFORMANCE

16.1 CONTRACTOR PERFORMANCE EVALUATIONS

Since this contract/contract is over $150K, interim (after one year of performance) and final evaluations of contractor performance will be prepared in accordance with FAR 42.15. The final performance evaluations will be prepared as soon as possible after completion of all required work.

Interim and final evaluations will be provided to the contractor as soon as practicable after completion of the evaluation by the Government. The contractor may elect to review the evaluation and submit additional information or a rebuttal statement within thirty days. Any contractor response is voluntary. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision is final.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file and may be used to support future award decisions.

16.1 ELECTRONIC ACCESS TO CONTRACTOR PERFORMANCE EVALUATIONS

The Agency uses Contractor Performance Assessment Reporting System (CPARS) to record and maintain interim and final past performance information.

Contractors that have internet capability may access evaluations through a secure web site for review and comment by completing the registration form that can be obtained at the following URL: https://www.cpars.gov/userforms.htm The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. Please note that the registration process must be coordinated with the Agency’s Focal Point Coordinator. Once the contractor is registered and a performance evaluation has been prepared and is ready for comment, CPARS will send an email to the contractor representative notifying that individual that a performance evaluation is electronically available for review and comment.

16.3 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (CO), Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the CO or COR shall apprise the contractor of how the government views the contractor's performance and the contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

(End of Section)

17. SPECIAL CONTRACT REQUIREMENTS

17.1 INDEMNIFICATION

(a) Hold Harmless and Indemnification Agreement

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

(b) Government Liability

The Government shall not be liable for any injury or damages to the Contractor’s or subContractor’s personnel or damage to the Contractor’s or subContractor’s equipment or property resulting from the delivery of Services under this contract unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

17.2 CONTRACTOR PERSONNEL

(a) Contract employees must be U.S. citizens or be lawfully permitted to reside in the United States and have possession of a valid work permit.

(b) The Contractor shall not reveal, divulge, or disseminate any oral or written information obtained as a result of execution of this contract or performance of work hereunder. Improper disclosure of information is a violation of the Privacy Act.

(c) The Contractor shall require its employees to conduct themselves professionally and in a manner that creates and maintains respect for CSOSA and the U.S. Government.

(d) The Contractor, subContractor, and their employees shall avoid compromising relationships with offender’s, their families, and CSOSA staff. The Contractor shall report any conflicts of interest, improprieties, or the appearance thereof, immediately to CSOSA.

17.3 KEY PERSONNEL

a. The contractor shall identify an individual to function as Program Manager who will provide supervision and oversight for decision making relevant to this order. That person shall be designated as key personnel.

b. The following contractor personnel are designated as Key Personnel*(TBP in quote, and inserted at time of award):

* Provide names and titles, phone numbers, fax numbers, e-mail addresses and resumes of personnel who will have major contributions to the effort, including a responsible officer(s) and project manager. The Government will approve initial contractor key personnel at time of award. The Government has the unilateral right to approve and disapprove any contractor personnel being considered for work under this order. The Government reserves the right to meet proposed key personnel prior to approval.

c. The Contractor shall obtain the consent of the Contracting Officer prior to making Key Personnel changes or substitutions. Replacements for Key Personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced specified.

d. Requests for changes shall be submitted to the Contracting Officer at least ten (10) working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the Contractor within ten (10) working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

18. OTHER CONTRACT SPECIAL REQUIREMENTS

18.1 PUBLICITY

Publicity releases, including media interviews, in connection with this contract shall not be made by the Contractor unless prior written approval has been received from the Contracting Officer.

a. The Contractor shall specify the security safeguards to prevent unauthorized access to offender data. The Contractor shall include a listing of the employees authorized to make changes or modify offender data or other Government program settings should this be requested by Government. The Contractor shall detail how the company determines and maintains this authorization to employees.

b. The Contractor shall provide security codes to the Government to guarantee the security of data modifications made remotely or over communications systems/lines with the monitoring/solution system or manually on the telephone with a monitoring/solution center employee.

c. The Contractor shall provide information on monitoring/solution system architecture to include the hardware, software, and power source(s). This shall include a description of contingency plans for system failures, such as notifying the Government.

d. The Contractor shall not release or reveal any of the Government’s GPS or offender data, program information, operation protocols, implementation plans, training material, report(s), publication(s), updates, and/or statistical data related to the GPS Program to any entity, to include non-GPS Government personnel, without prior written approval from the COR.

e. Upon request from the COR, the Contractor shall timely provide the most up-to-date complete copy of the Central Information System database, including historical data, the data dictionary, file layouts, code tables, code values, data relationships, keys, and indices, etc., in a format to be determined by the COR.

Section F - Deliverables/Delivery Date

1. Deliver an overall Project Plan with project schedule at the Kick-off Meeting, and submit updates of the project plan to COR, as revised.

Delivery Date: September 9, 2016 (Base Year), July 31 (Option Year 1-4).

2. Deliver weekly written status reports to the COR which are due by close of business (COB) each Friday during the course of the active project.

Delivery Date: Weekly.

3. Deliver a Draft FISMA Independent Assessment Report for CSOSA and PSA.

Delivery Date: October 21, 2016 (Base Year), October 14 (Option Year 1-4).

4. Populate in Draft (not submitted to DHS/OMB), the Annual IG FISMA Reporting Metrics in the DHS CyberScope FISMA Reporting system for CSOSA and PSA.

Delivery Date: November 10, 2016 (Base Year), November 4 (Option Year 1-4).

5. Deliver a Final FISMA Independent Assessment Report for CSOSA and PSA.

Delivery Date: November 10, 2016 (Base Year), November 4 (Option Year 1-4).

6. Deliver a Final FISMA Independent Assessment Out-Brief presentation for CSOSA and PSA Directors and Management.

Delivery Date: November 20 (Base Year and Option Year 1-4).

� Public Law 105-33, Title XI

� Each evaluation under this section shall include (A) testing of the effectiveness of information security policies, procedures, and practices of a representative subset of the agency’s information systems; (B) an assessment of the effectiveness of the information security policies, procedures, and practices of the agency;