PSA-10-RFP-0001_Clauses_Proposal Instructions_20101118.pdf

PSA-10-RFP-0001

FAR Clause 52.212-4 Addendum

The full text of a solicitation provision may be accessed electronically at this address:

http: //www. arnet.gov/far/

1. Contracting Officer - The Contracting Officer is Johnny Cahn.

1.1. The Contractor shall forward all correspondence addressed to the Contracting Specialist listed below:

Thomas Guziewicz D.C. Pretrial Services Agency 633 Indiana Avenue, NW Suite 1153-B Washington, DC 20004 Telephone: (202) 220-5667 Fax Number: (202) 220-5739

1.2. The Contracting Officer listed above is the only person authorized to direct the Contractor and obligate the Government. The Contractor shall notify the Contracting Officer prior to providing any services that are outside of those required by the contract.

1.3. 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 shall not obligate the Government to pay the Contractor for those efforts.

2. Contracting Officer's Technical Representative (COTR)

2.1. The performance of work required herein shall be subject to the technical direction of the cognizant COTR or other representative of the Contracting Officer with respect to technical matters pertaining hereto. As used herein, "Technical Direction" is direction to the Contractor, which fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of work.

"Technical Direction" must be confined to the general scope of work set forth herein and shall not constitute a new assignment, nor supersede or modify any other clause of this contract.

2.2. To be valid, technical direction:

a) Must be issued in writing consistent with the general scope of work set forth in the contract.

b) Shall not change the expressed terms, conditions, or specifications incorporated into this contract; and

c) Shall not constitute a basis for extension to the contract delivery schedule or contract price.

2.3. The COTR(s) for this contract shall be designated by a letter to the contractor after award.

3. Invoicing Procedures

3.1. Payment for services rendered shall be made no more than one time per month upon receipt of a properly executed invoice. In addition to the requirements of FAR 52.214-4, a properly executed invoice includes the following:

a) The Contractor's Dun and Bradstreet Number

b) The name, PDID# of each client being invoiced

c) Total number of days of treatment per client

d) Total number of days being billed

3.2. The Contractor shall attach the Monthly Treatment Report as required by the Statement of Work, paragraph 6.6.3.

3.3. The Contractor shall attach the Report of Beds as required and described in Task Order Quantities section 5.4.

3.4. All corrected invoices shall be clearly marked "Duplicate of Original". All questions regarding payment should be directed to Accounts Payable at (202) 220-5591.

4. Contract Audits

4.1. The Government, and its authorized representative, shall conduct quality assurance reviews and clinical audits of the work the Contractor provides under this contract. The Government may conduct on-site reviews of the Contractor's facility and programs, without prior notice to the Contractor. Such reviews may include client case files, financial records pertaining to the vendor, program reviews, certification records and any other records relating to the contract. The Contractor and employees shall provide assistance for the safety and convenience of the Government while conducting reviews.

4.2. A Quality Assurance Plan (QAP) will be used each month in the evaluation of services.

The results of these monthly evaluations will support annual performance evaluations by the Government. A copy of the QAP will be provided to the Contractor after award.

5. Task Order Quantities

5.1. Task orders will be issued on a quarterly basis. For Outpatient, Intensive Outpatient, Residential, and Transitional services, each task order will identify to the contract holder the number of slots (e.g., beds or treatment session attendees) PSA requires the contractor to reserve for our use. Orders for On-site Counseling Sessions will identify the number of sessions to be delivered during the task order period.

5.2. The Contractor shall immediately accept the number of defendants that are referred by PSA officials at any time based on the number of dedicated treatment slots specified in the task order. These slots must remain vacant unless occupied by a PSA referred defendant and may be invoiced whether filled or not. Referrals occurring in the last month of the task order shall continue at the same contract rate through the completion of the treatment plan unless otherwise notified by the Contracting Officer.

5.3. If the Government requests to place defendants in slots not dedicated for Government use, the Contractor shall render a placement decision within 24 hours of the request.

5.4. The contractor shall maintain a system to track actual quantities of services used on a daily basis. The contractor shall submit with the invoice a report of beds used on a daily basis during the month. At the completion of the task order period, or quarterly whichever is sooner, the contractor shall submit a summary report of actual quantities of services used. The summary report will be used for the reconciliation required by the pricing schedule clause.

6. Term of Contract The term of the contract performance period shall be a base period of eight (8) months with four

(4) one-year optional performance periods.

7. Option to Extend Services (NOV 1999) (FAR 52.217-8) The Government may require continued performance of any services within the limits and at the rate specified in the contract. These rates may be adjusted only as a result of any revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within ten (10) days of the contract expiration.

8. Option to Extend the Term of the Contract (MAR 2000) (FAR 52.217-9)

a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days of the contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days prior to contract expiration. The preliminary notice does not commit the Government to an extension.

b) If the Government exercises this option, the extended contract shall be considered to include this option provision.

c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months.

9. Minimum and Maximum Services The Government will order a minimum of $25,000 and maximum of $16,000,000 in services over the life of the contract. Services shall be initiated by written task order(s) signed by the Contracting Officer or person delegated ordering authority. An order may be issued by mail, facsimile or electronic commerce.

10. Ordering (Oct 1995) (FAR 52.216-18)

a) Any services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued from Contract award through September 30th of a Fiscal Year.

b) All delivery order or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

11. Order Limitations (Oct 1995) (FAR 52.216-19)

(a) Minimum Order. When the Government requires supplies or services covered by this contract in an amount of less than $100, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum Order. The Contractor is not obligated to honor —

1) Any order for a single item in excess of $10,000;

2) Any order for a combination of items in excess of $25,000.

3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two days after issuance, with written notice stating the Contractor's intent not to provide the services.

12. Indefinite Quantity (Oct 1995) (FAR 52-216-22)

a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 120 days beyond the effective period of the contract.

13. Privacy Act Notification (Apr 1984) (FAR 52.224-1)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND

14. Privacy Act (Apr 1984) (FAR 52.224-2)

(a) The Contractor agrees to—

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (OCT 2010).

(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:

___ (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).

___ (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).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (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) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (8) [Reserved]

___ (9) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (10) (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.

___ (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)).

X (12) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2010) (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 (July 2010) of 52.219-9.

___ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

___ (14) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (15) (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.

___ (16) 52.219-25, Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

___ (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

___ (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (24) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

___ (25) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

___ (26) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.)

___ (28) (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.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (30) (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.

___ (31) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513).

___ (32) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (33) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (34) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (35) 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).

___ (36) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (38) 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)).

___ (39) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

___ (40) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

X (41) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (42) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (43) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (44) (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 Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 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)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 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)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xiv) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR Clause 52.212-1 Addendum

1. Solicitation Provisions Incorporated by Reference (FEB 1998) (FAR 52.252-1) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

2. Delivery of Proposals

Proposals for furnishing the services in this solicitation must be received by U.S. Mail at DC Pretrial Services Agency, Attn: Thomas Guziewicz, 633 Indiana Avenue, NW, Suite 1153B, Washington, DC 20004, by December 15, 2010 at 4:00 P.M. Eastern Time.

*Late Proposals will not be accepted.

3. Type of Contract (APR 1984) (FAR 52.216-1) The Government contemplates award of a FIRM FIXED PRICE AND INDEFINITE QUANTITY CONTRACT resulting from this solicitation. The Government reserves the right to make multiple awards as a result of proposals in response to this solicitation.

4. Single or Multiple Awards (OCT 1995) (FAR 52.216-27) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to-two or more sources under this solicitation.

5. Submission of Electronic Funds Transfer Information with Offer (May 1999) (FAR 52.232-38)

The Offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation.

This submission satisfies the requirement to provide EFT information under paragraphs (b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration.

(1) The solicitation number (or other procurement identification number).

(2) The offeror’s name and remittance address, as stated in the offer.

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror’s official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the offeror’s financial agent.

(5) The offeror’s account number and the type of account (checking, savings, or lockbox).

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror’s financial agent.

http://www.arnet.gov/far/current/html/52_232.html#wp1153375

(7) If applicable, the Offeror shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror’s financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment.

6. Service of Protest (AUG 1996) (FAR 52.233-2)

(a) 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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at:

633 INDIANA AVENUE, NW

SUITE 1120

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.

7. Pre-Proposal Conference

7.1. A pre-proposal conference will be conducted on December 02, 2010, at 11:00 A.M., for the purpose of providing Offerors an opportunity to ascertain the nature and location of the work, and to become acquainted with the solicitation requirements. The pre-performance conference shall be held at 633 Indiana Avenue, NW, Washington, DC 20004. The final itinerary, location and schedule for the pre-proposal conference shall be provided by PSA via email to the offerors which register for the pre-proposal conference using the pre-proposal conference reservation form.

7.2. Your attendance at the pre-proposal conference is encouraged. Offerors wishing to attend the conference must complete the Pre-Proposal Conference Reservation Form (Attachment 6) and submit to PSA in accordance with the instructions specified on the form.

7.3. Remarks and explanations or answers to questions provided at the pre-proposal conference shall not qualify the terms of the solicitation and specifications. Unless the solicitation is amended in writing, it shall remain unchanged.

7.4. Each Offeror should thoroughly review a copy of the solicitation prior to attending the pre-proposal conference. Offerors are requested to submit pre-proposal conference questions by 2:00 p.m. on November 24, 2010 so PSA can present the answers at the pre-proposal conference.

8. Contractor Inquiries

8.1. When posing questions concerning any aspect of the solicitation, state the page number, section, and paragraph number needing clarification relevant to each question.

8.2. Offerors may submit pre-proposal questions by 2:00 p.m. on November 24, 2010 to the following email address:

E-Mail: thomas.guziewicz@psa.gov

*In the subject line of the email inquiry specify the solicitation number PSA-10-RFP-0001.

*List the questions in numerical order.

mailto:homas.guziewicz@psa.gov

8.3. No information concerning this solicitation or request for clarification will be provided in response to telephone calls from the Offerors. Written inquiries will be answered in writing and provided to all Offerors.

Note: Late inquiries/questions will not be entertained. Additionally, since Offerors are required to perform some services in accordance with commercial and industry standards, information that is standard within the commercial industry will not be provided.

9. Proposal Preparation - General

9.1. This section of the Instructions to Offerors (ITO) provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The offeror's proposal must include all data and information requested by the RFP and must be submitted in accordance with these instructions. The proposal must be compliant with the requirements as stated in the Statement of Work (SOW). Non-conformance with the Instruction to Offerors may result in an unfavorable proposal evaluation. The proposal must be clear, concise, and must include sufficient detail for effective evaluation. The proposal should not simply rephrase or restate the Government's requirements, but rather provide convincing rationale to address how the Offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror's proposal. All commitments made in the proposal will be incorporated and made a part of the contract.

9.2. The Government reserves the right to revise or amend the specifications or the solicitation prior to the proposal closing time. Such revisions or amendments will be communicated by formal amendment (Standard Form 30) to this Request for Proposal. If such amendments require material changes in requirements, the proposal closing date may be postponed by enough days to enable Offerors to revise their proposals. In such cases, the amendment will include an announcement of the new proposal closing date and time.

9.3. The proposal must furnish sufficient information and rationale allowing the Government to evaluate the offeror's capabilities to perform the requirements outlined in the SOW. It must also explain how performance, processes, approaches and assumptions of support will be accomplished.

10. Proposal Format

10.1. The offeror's proposal shall be submitted in three (3) separate volumes as described below.

VOLUME TITLE COPIES PAGE LIMIT

I PAST PERFORMANCE

Original and four (4) hard copies

2 pages per reference

II TECHNICAL/MANAGEMENT

Original and four (4) hard copies

Twenty (20)

III CONTRACT AND PRICE

Original and one (1) hard copy

Unlimited

10.2. Each written volume of the proposal should contain a cover sheet, and be clearly marked with volume number, title, RFP identification and the offeror's name. The same identifying data should be placed on the spine of each binder.

10.3. Page size will be 8.5 x 11 inches, not including foldouts. Pages will be single- spaced and printed head-to-foot. The font size will be no less than Times New Roman 12 point. Use at least 1-inch margins on the top, bottom, left, and right. Pages shall be numbered sequentially by volume.

10.4. Legible tables, charts, graphs and figures may be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. Foldout pages shall fold entirely within the volume. Each 8.5 x 11 inch section of a foldout or part thereof will be counted as one page. For tables, charts, graphs and figures, the font must be no smaller than Times New Roman 8 point.

11. Volume I – Past Performance

NOTE: Volume I - Past Performance must be submitted to DC Pretrial Services Agency, Attn: Thomas Guziewicz, 633 Indiana Avenue, NW, Suite 1153B, Washington, DC 20004 by 5:00 p.m. on December 02, 2010.

11.1. Offerors must provide a list of at least 3 but no more than 5 references of relevant contracts within the past 3 years. The contracts may be past or current as long as the performance did not end more than 3 years prior to the due date for the submission of the proposal, and the contracts may have been with Federal, State and/or City agencies and commercial/private customers. “Relevant” is defined as like service as stated in this solicitation’s PWS in terms of similar scope and complexity. It is your responsibility to provide valid, current and verifiable references. References must include:

(a) Name and address of the Organization that will be providing the reference,

(b) Name of the Point of Contact (POC),

(c) POC Telephone Number,

(d) POC Email address,

(e) Contract Number,

(f) Period of Performance,

(g) Scope of Work demonstrating the relevance to this PSA contract. The description of the services performed shall identify in specific detail, why or how that effort is relevant and similar in scope and magnitude to the effort required by this solicitation. Information on problems encountered on the identified contracts and the offeror’s corrective action(s) shall also be provided.

11.2. The Government may also consider information obtained through other sources. If an Offeror has no relevant past performance history, then the Offeror must affirmatively state it possesses no relevant, directly related, or similar past performance. If an Offeror does not indicate whether past performance exists, the offeror’s proposal may be ineligible for award.

11.3. For each paragraph 11.1 submission, the Government requires the Offeror to send out a past performance questionnaire (Attachment 4) to each of the Reference Points of Contact (POCs). Best efforts should be made to ensure completion of the past performance questionnaire.

Completed questionnaires must be submitted by the reference organization directly to DC Pretrial Services Agency, Attn: Thomas Guziewicz, 633 Indiana Avenue, NW, Suite 1153B, Washington, DC 20004 by 5:00 p.m. on December 2, 2010.

11.4. Once the Past Performance Questionnaires are completed by your POCs, the information contained therein shall be considered sensitive and shall not be released to you, the Offeror.

12. Volume II – Technical/Management Approach The non- price proposal, including any supporting documentation, must be clear and concise.

Pricing information shall not be included in the non-price proposal. Inclusion of price in this proposal volume may render the entire proposal non-responsive and not eligible for award.

12.1. Technical Approach

12.1.1. The Offeror shall submit Service Policy and Procedures for the Treatment Program, which shall include, identify and address the following program related aspects in the order presented below:

(a) The objective of the program to be attained by the provision of the services to the client.

(b) The criteria used to measure the client’s progress towards the attainment of program objectives.

(c) A description and justification of the primary diagnostic and treatment modalities utilized by the program within appropriate models for dual diagnosis treatment.

(d) A description of available individual, group and family counseling sessions; substance abuse, mental health and duo-diagnosis education curricula; relapse preventions approaches; health and nutritional seminars; a policy to introduce each client to self-help 12-step programs and the required attendance schedule; assessment, testing, and evaluations tools and procedures; and treatment and aftercare planning tools and procedures.

(e) A description of the therapeutic (leisure) activities available for clients at the treatment facility.

(f) Any discovery of a medical or mental condition that would impede the client’s full participation in treatment may result in the client’s disqualification for eligibility.

(g) Safety precautions and procedures.

(h) Crisis intervention procedures.

(i) Medical emergency procedures.

(j) Client’s rights and rules of conduct.

(k) Personnel policies.

(l) Definitions of client non-compliance and methods of addressing and documenting client non-compliance.

(m) Methods of investigating, documenting, and handling client grievances.

(n) Methods of investigating, documenting, and reporting unusual incidents.

12.1.2. Describe which evidence based practices the program utilizes in the provision of treatment services. If an approach is utilized that is not included in National Registry of Evidence Based Programs and Practices (NREPP) NREPP.SAMSHA.GOV, please describe the evidence supporting its effectiveness. Describe what your approach to addressing the requirement that all treatment programs must be dual diagnosis capable as outlined in the latest version of the American Society of Addiction Medicine Patient Placement Criteria for the Treatment of Substance Related Disorders (ASAM PPC).

12.1.3. Service Enhancements

(a) Describe how HIV/AIDS risk assessment, risk reduction and referral for counseling and testing are provided. Indicate if on-site testing and/or counseling are provided.

(b) Describe all ancillary support services provided either on-site or via a referral agreement with other organizations.

(c) Offerors proposing one or more of the identified specialties must outline specifically the features (e.g. staff expertise, training, protocol, interventions) of your program related to each offered specialty:

i. Integrated Co-Occurring Disorder Treatment,

ii. Spanish Language and Culturally Specific Treatment,

iii. Gay, Lesbian, Bisexual, Transgendered (GLBT)

iv. Medication Assisted Treatment: Provide details regarding how you incorporate these therapies, including details regarding dispensing, monitoring, incorporation with psychosocial treatment, and length of time providing this service.

v. Wellness/Holistic health focused care,

vi. Youthful African American Male (i.e., 18 to 25 year olds): Describe the specific interventions employed and related protocol, as well as the length of time such specified services have been delivered.

vii. Treatment for the Hearing Impaired

viii. Treatment for women or men with children: Describe the parameters surrounding this service, including whether this service is available to women, men, or both; age requirements; maximum number of children; school-related requirements; content of services offered to the minor children; and other pertinent details.

12.1.4. Facilities: Describe the facilities where treatment will be provided. Explain the amenities available to defendants and their families or other support members. Describe the proximity to medical treatment facilities or other ancillary services providers.

12.2. Management Approach

12.2.1. Quality Control:

The Offeror will present and describe the efficiency of the proposed quality control plan and the metrics used to ensure compliance with the contract standards. Describe your goals and objectives for performance under this contract. Describe your approach for collecting and reporting program performance measures and outcomes. The quality control plan should describe the methods used for identifying, correcting and preventing defects in the quality of service performed and actions taken if standards are not met.

The Offeror shall demonstrate knowledge and implementation of an effective measurement system to meet the standards of the SOW; describe a customer service/concerns system, with an emphasis on customer satisfaction and quality service, that will effectively receive, record, address, and assist customers with concerns within a reasonable time frame, maintain positive customer relations and satisfaction, elevation process for matters beyond the scope of the contract, analyze the concerns/complaints to identify trends and develop process improvement, and describe how preventive measures will be implemented.

12.2.2. Staffing

(a) List proposed labor categories and provide the required minimum qualifications including certification and licensure requirements for each category.

(b) Describe the proposed staff skill mix including clinical to non-clinical and supervisory to non-supervisory.

(c) For Residential and Transitional treatment describe the approach for providing 24 hour staffing.

(d) Describe the number, types and size of treatment groups, especially with respect to defendant/counselor ratio.

12.3. Corporate Experience

(a) Describe your program’s experience with the justice system and defendant populations.

(b) Describe your program’s success indicators and achievements.

(c) Provide your program performance measures and outcomes for the last two fiscal years.

Use numbers and percentages. If no such data has been collected, please indicate that in your response.

(d) List your agency goals and objectives for the previous and current fiscal year to date and describe the level of achievement for each. Use numbers and percentages. If no such data has been collected, please indicate that in your response.

(e) Describe your program’s progress, changes and challenges to date. Include activities of your governing or advisory board if applicable.

13. Volume III – Contract and Price.

13.1. Volume III shall contain the following solicitation documents prepared in accordance with the solicitation requirements.

(a) Solicitation/Contract (Standard Form 1449)

(b) Acknowledgement of Amendments

(c) Continuation of SF 1449

(d) 52.212-3 Representations, Certifications, and Other Statements of Offerors

(e) Subcontracting Plan

(f) Financial References Form

(g) Letter of Reference

(h) State/City License to operate facility

(i) Proof of Certification for treatment programs

13.2. Volume III shall include all information relating to cost or price. Volume III shall contain complete pricing information (Schedule B) for each contract line item and each subcontract line item. Under no circumstances shall cost or price information be included elsewhere in the proposal.

13.3. If unique and innovative approaches are the basis for an abnormally low cost, the nature of these approaches and their impact must be completely documented. Any inconsistency between the proposed performance and cost or price, whether real or apparent, must be clearly explained in this volume of the proposal.

13.4. Large business Offerors are required to submit a subcontracting plan in accordance with FAR 19.704, Subcontracting Plan Requirements. NOTE: Small business Offerors are NOT required to submit a subcontracting plan. Failure to submit a subcontracting plan if required, shall render an offer unacceptable.

13.5. Each Offeror is required to submit in Volume III a completed Financial References Form (Attachment 3).

13.6. Each Offeror is required to submit in Volume III a Letter of Reference from their banking institution attesting to a satisfactory credit rating. The letter of reference must be on the bank’s stationary, must be dated and contain a signature of the banking officer responsible for providing credit ratings.

13.7. The Offeror shall include proof of certification to operate a treatment facility by the jurisdiction of the state or local governing body where the facility is located. Treatment programs must be certified and proof of that certification must be included with the proposal or the proposal may be rejected as non-responsive.

52.212-2 - Evaluation - Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

PAST PERFORMANCE

TECHNICAL/MANAGEMENT APPROACH

PRICE

Technical/Management Approach and Past Performance, when combined, are more important than Price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

FAR 52.212-2 Clause Addendum

1. Contract Award

1.1. The award will be made to the responsive, responsible Offeror(s) whose proposal contains the combination of those criteria offering the best overall value to the government.

The best value will be determined by comparing differences in the value of past performance and technical capability with differences in price to the government. In making this comparison, the government is just as concerned with obtaining superior past performance and technical expertise as it is with selecting an offer at the lowest overall price to the government. Since past performance and technical is ranked higher than price, the government may award at other than the lowest price when the perceived benefits of the higher priced proposal merit the additional cost. Subjective judgment on the part of the government is implicit in the evaluation procedures.

Compliance with evaluation criteria is determined solely by the government.

1.2. The best value will be determined by evaluating the offeror's Past Performance and Technical proposals. Evaluation areas are listed in descending order of importance as follows:

(a) Past Performance

(b) Technical/Management Approach

(c) Price

1.3. Proposals that are unrealistic in terms of technical approach, program knowledge, price, or reflect an inherent lack of comprehension of the requirements and risks involved, may be rejected.

1.4. Offerors are specifically advised that under this evaluation method, the lowest priced proposal may not necessarily receive the award. Likewise, the proposal receiving the highest technical evaluation rating may not necessarily be awarded the contract.

1.5. The Government intends to evaluate proposals and award a contract without discussions.

However, it reserves the right to conduct written or oral discussions with all responsible Offerors whose proposals have been determined to be within the competitive range, in which case proposal revisions…