PSA-14-R-000056_Solicitation_RFP.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

PRETRIAL SERVICES AGENCY FOR THE DISTRICT OF COLUMBIA

PSA-14-R-000056

TABLE OF CONTENT

SECTION A STANDARD FORM 1449

SECTION B – CONTINUATION FROM STANDARD FORM 1449

B.1 Pricing

B.2 Contract Type 4

B.3 Anticipated Date of Award 4

B.4 Acceptance Period 4

B.5 Period of Performance

B.6 Guaranteed Minimum/Maximum 4

B.7 Ordering Process

B.8 Commitment of Public Funds 5

B.9 Communication Prior to Award 5

B.10 Contract Administration 5-6

B.11 Place of Performance or Delivery Location 6

B.12 Preparation Costs 6

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.252-2, Clauses Incorporated by Reference 7

C.2 Addendum to FAR 52.212-4 7

C.3 FAR Clauses in Full Text 8-15

C.4 PSA Specific Clauses 16-24

SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Attachment I Statement of Work 25-37

Attachment II Quality Assurance Surveillance Plan (QASP) 38-40

Attachment III Contractor Staffing Change Report 41-42

Attachment IV Contractor Release Statement 43-44

Attachment V Financial Reference 45

Attachment VI Performance Reference 46-47

Attachment VII Past Performance Survey 48-52

Attachment VIII Wage Determinations 53-58

Section/Title Page(s)

SECTION E - SOLICITATION PROVISIONS

E.1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference 56

E.2 Addendum to FAR 52.212-1 / Proposal Submission 56-58

E.3 Potential Award without Discussions 59

E.4 Alternate Proposals 59

E.5 FAR 52.212-2, Evaluation – Commercial Items 59-61

E.6 FAR 52.212-3, Offeror Representations and Certifications – Commercial Items 62-76

1. PRICING

As a result of this solicitation effort, Pretrial Services Agency (PSA) anticipates issuance of a firm-fixed price, indefinite delivery indefinite quantity contract. To be considered for award, the Offeror shall submit a comprehensive and complete line item pricing schedule for all necessary services based on the herein

Statement of Work and the anticipated contract Period of Performance.

Reference applicable paragraphs in Section D and Section E of this solicitation document for additional information.

2. CONTRACT TYPE

The Pretrial Services Agency (PSA) anticipates awarding a firm fixed price, indefinite delivery indefinite quantity contract for Spanish Speaking Substance Use Disorder Treatment Services.

3. ANTICIPATED DATE OF AWARD

It is anticipated that award will be made by October 22, 2014.

4. ACCEPTANCE PERIOD

Unless otherwise specified, the Contractor's proposal must be valid for at least 90 days from the solicitation due date.

5. PERIOD OF PERFORMANCE

The resultant award period of performance will be:

Base Period – November 01, 2014 through September 30, 2015

Option Year 1 – October 01, 2015 through September 30, 2016

Option Year 2 – October 01, 2016 through September 30, 2017

Option Year 3 – October, 01 2017 through September 30, 2018

Option Year 4 – October, 01 2018 through September 30, 2019

6. GUARANTEED MINIMUM/MAXIMUM

The Government hereby guarantees a minimum and maximum of services over the life of the contract, as listed by modality:

Modality Minimum Maximum

Outpatient $10,000 $200,000

Detoxification $10,000 $200,000

Residential $10,000 $200,000

Transitional $10,000 $200,000

SECTION B - CONTINUATION FROM STANDARD FORM (SF) 1449

7. ORDERING PROCESS

Any services to be provided under the contract shall be ordered by issuance of task orders.

All task orders are subject to terms and conditions under the contract.

8. COMMITMENT OF PUBLIC FUNDS

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition. Any other commitment, either explicit or implied, is invalid.

9. COMMUNICATION PRIOR TO AWARD

All communications shall be directed, in writing, to the attention of:

Name: Thomas Guziewicz

Title: Contract Specialist

Email: thomas.guziewicz@psa.gov

Pretrial Services Agency for the District of Columbia

633 Indiana Avenue, NW

Washington, D.C. 20004

Phone: 202-220-5667

All questions must be submitted to the individual identified above in writing via email no later than

5:00 PM on Tuesday, August 12, 2014.

Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of the requirement.

10. CONTRACT ADMINISTRATION

Contracting Officer

Thomas Guziewicz

Pretrial Services Agency

633 Indiana Avenue, NW, Suite 1153B

Washington, DC 20004

Phone: 202-220-5667

Email: thomas.guziewicz@psa.gov

The Contracting Officer 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 Statement of Work or any services that may be outside of the scope of the contract.

mailto:thomas.guziewicz@psa.gov mailto:thomas.guziewicz@psa.gov

Contracting Officer’s Representative

(COR point of contact information shall be provided after contract award)

Pretrial Services Agency

633 Indiana Avenue, Suite _________

a. The performance of work required herein shall be subject to the technical direction of the COR or other representative of the Contracting Officer (CO) 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.

b. To be valid, technical direction:

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

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

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

c. The Contracting Officer will designate a technical representative to assist in monitoring the work under the contract. This includes visits to your plant, place of performance, meetings and conversations with your personnel, inspection, acceptance, or rejection of the contracted items and other duties that may be authorized by the CO.

d. The COR is not authorized to change the scope of work or specifications, to make any commitments or otherwise obligate the Government, or to authorize any changes which affect the contract price, delivery schedule, period or performance or other term of conditions.

e. The Contracting Officer is the only individual who can legally commit or obligate the

Government for the expenditure of funds. The technical administration of this contract shall not be constructed to authorize the revision of the term and conditions of the contract. Any such revision shall be authorized only in writing by the Contracting Officer.

11. PLACE OF PERFORMANCE OR DELIVERY LOCATION

Unless specifically specified otherwise the solicitation document, the place of performance is at:

Pretrial Services Agency for the District of Columbia

Treatment Branch

633 Indiana Avenue

12. PREPARATION COSTS

This Solicitation/Request for Proposals does not commit the Government to pay for the preparation and submission of a quotation.

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

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

Clause Number Clause Title Date

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-7 Anti-Kickback Procedures OCT 2010

52.212-4 Contract Terms and Conditions – Commercial Items FEB 2012

52.217-8 Option to Extend Services NOV 1999

52.217-9 Option to Extend the Term of the Contract MAR 2000

52.225-13 Restrictions on Certain Foreign Purchases JAN 1997

C.2 ADDENDUM TO FAR 52.212-4

C.2.1 QUALITY ASSURANCE

A Quality Assurance Surveillance Plan (QASP) will be incorporated into the contract (See Part D, Attachment II). The Government will evaluate the Contractor's performance under this contract using the method of surveillance deemed appropriate. If the CO and/or COR reveals contract provisions are not being met, the discrepancy will be brought to the attention of the Contractor for correction.

If the Contractor fails to correct any deficiencies under the contract, the Government shall have the right to (1) require the Contractor to immediately take all the necessary steps to ensure performance of the service in conformity with the requirements of the contract, and (2) reduce the monthly fee payable under the contract by the amount to reflect the reduced value at the services performed, or (3) have the necessary work accomplished by the Government forces or other means, and reduce the Contractor's payment in the amount of the expenses incurred.

SECTION C - CONTRACT CLAUSES

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

C.3 FAR CLAUSES IN FULL TEXT

C.3.1 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders—Commercial Items (JAN 2014)

(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:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government

(Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C.

2402).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr

2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American

Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub

L. 111-5) (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier

Subcontract Awards (Aug 2012) (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) 52.209-6, Protecting the Government’ Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment (Dec 2010) (31 U.S.C. 6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic

Corporations (May 2012) (section 738 of Division C of Public Law 112-

74, section 740 of Division C of Pub. L. 111-117, section 743 of Division

D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award

(Nov 2011) (15 U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone

Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved]

___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011)

(15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (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.

___ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15

U.S.C. 637(d)(2) and (3)).

_x__ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.

644(r)).

_ x__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15

U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan

1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (19) (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.

___ (20) 52.219-25, Small Disadvantaged Business Participation

Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-

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

___ (21) 52.219-26, Small Disadvantaged Business Participation

Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section

7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small

Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (23) 52.219-28, Post Award Small Business Program

Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15

U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small

Business (WOSB) Concerns Eligible Under the WOSB Program (Apr

2012) (15 U.S.C. 637(m)).

_x_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x_ (27) 52.222-19, Child Labor—Cooperation with Authorities and

Remedies (Mar 2012) (E.O. 13126).

_x_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_x_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_x_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38

U.S.C. 4212).

_x_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct

2010) (29 U.S.C. 793).

_x_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38

U.S.C. 4212).

_x_ (33) 52.222-40, Notification of Employee Rights Under the National

Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (34) 52.222-54, Employment Eligibility Verification (Jul 2012).

(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.)

___ (35) (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.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products

(Dec 2007) (42 U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental

Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_x_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text

Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C.

10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli

Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19

U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-

182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (42) 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).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov

2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or

Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 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)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct

1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_x_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central

Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than

Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.

552a).

___ (51) (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:

[Contracting Officer check as appropriate.]

_x_ (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.).

_x__ (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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013)

(E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations. (Mar 2009) (Pub. L. 110-247).

___ (9) 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 (Dec 2010) (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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(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) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(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 (Jul 2012).

(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)

52.216-1 -- Type of Contract.

As prescribed in 16.105, complete and insert the following provision:

Type of Contract (Apr 1984)

The Government contemplates award of an indefinite-quantity firm fixed price contract resulting from this solicitation.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm#P58_10967

C.4 PSA SPECIFIC CLAUSES

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

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

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

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

New Year’s Day January 1 *

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4*

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25*

* If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a

Sunday, the Government holiday is the following Monday.

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

Any other day designated by Federal Statute

Any other day designated by Executive Order

Presidential Inauguration Day

Any other day designated by the President’s Proclamation

(e) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the

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

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

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

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

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

PSA203-70 Subpoenas (SEP 2013)

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

Any contractor or subcontractor at any tier (to include its officers, employees, or agents) in receipt of a subpoena requesting information related to the services provided under this contract, or which relates to

PSA operations, must notify the Contracting Officer and Contracting Officer’s Representative.

Notification should be provided, in writing, as soon as possible, but not later than one (1) business day after receipt of the subpoena to allow PSA time to review and take any action required by law to protect

Government information. Written notification shall include a copy of the subpoena.

All requests for the testimony by the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and/or performed under, this contract; or (b) any information provided by any party to assist the Contractor in the performance of this contract, must be immediately reported to the Contracting Officer and Contracting Officer’s Representative. Neither the

Contractor nor its employees may testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the Contracting Officer or required by a judge via a court order.

The Contracting Officer shall provide additional guidance as needed and may request additional information. Contractor staff shall cooperate with the Contracting Officer and Contracting Officer’s

Representative and shall provide requested information, and as appropriate, testimony, in a timely manner.

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

PSA204-70 Announcement of Contract Award (SEP 2013)

PSA complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting

Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting

Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded.

PSA209-70 Contractor Performance Capabilities (SEP 2013)

The Contractor must be capable of performing all the tasks described in the Statement of Work. The

Government shall not be liable for any costs or other involvement in the purchase, repair, maintenance or replacement of Contractor items used to implement or comply with requirements of the contract.

Likewise, the Government shall in no way be held accountable by the Contractor for the Contractor’s inability to perform under this Contract due to Government technology implementations and or changes.

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

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

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

(c) Substitute personnel qualifications must be equal to, or greater than, those of the personnel being substituted. If the Government Contracting Officer and the COR determine that the proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the contract, the Contractor may be subject to default action. If deemed necessary by the Government, substitute personnel must be given a one-(1) day orientation by

Contractor personnel at no additional cost to the Government and with no change in the delivery schedule.

(d) In the event that the performance of assigned Contractor personnel or any substitute(s) is determined by the Government to be unsatisfactory at any time during the life of the Contract, the

Government reserves the right to request and receive satisfactory personnel replacement within five (5) calendar days of receipt by the Contractor of written notification. Notification will include the reason for requesting replacement personnel.

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

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

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

PSA209-72 Qualifications of Contractor’s Employees (SEP 2013)

The Contracting Officer may require dismissal from work of those employees which he/she deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment he/she deems contrary to the public interest or inconsistent with the best interest of national security. The Contractor must fill out, and cause each of its employees on the contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor’s employees must be fingerprinted. Each employee of the Contractor who works on this contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card

Form I-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status.

PSA209-73 Standards of Conduct (SEP 2013)

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

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

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

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

PSA209-74 Organizational Conflicts of Interest (SEP 2013)

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

(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the

Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the

Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

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

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

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

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

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

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

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

(ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

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

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

PSA219-70 Small Business Subcontracting Plan (SEP 2013)

(a) If your company is required to file a Small Business Subcontracting Plan in accordance with

FAR 52.219-9, please use the Subcontracting Plan Template attached to this solicitation for that purpose.

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

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

http://esrs.gov/documents/esrs_contractor_user_guide_1.7.pdf. If you notice that your company contact information or DUNS number in eSRS are not correct, then please make corrections through the System for Award Management (SAM) website at www.sam.gov. The data will then flow from the SAM to the

Federal Procurement Data System – Next Generation (FPDS-NG) and then finally into the eSRS system.

Repopulation of your eSRS contact info can take two business days after you make corrections in the

SAM. Please include the e-mail addresses of the contracting officer in eSRS for notification in block 13 of the report.

PSA223-70 Electronic Product Environmental Assessment Tool (EPEAT)-Registered

Electronic Products (SEP 2013)

(a) Electronic Product Environmental Assessment Tool (EPEAT) is a tool to help purchasers evaluate, compare and select computer desktops, laptops, notebooks and computer monitors based on their environmental attributes. To obtain additional information regarding EPEAT-registered electronic products, go to http://www.epeat.net.

(b) FAR 52.223-9, IEEE 1680 Standard for the Environmental Assessment of Personal Computer

Products, requires that at all of the electronic products that the agency acquires under this Information

Technology (IT) contract to meet the agency’s requirements must be EPEAT Bronze-registered or higher electronic products.

(c) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all of the electronic products that the contractor provides under this contract are EPEAT Bronze-registered or higher electronic products.

http://www.esrs.gov/ http://esrs.gov/documents/esrs_contractor_user_guide_1.7.pdf http://www.sam.gov/ http://www.epeat.net/

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

(a) Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation

Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content.

(b) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of

Executive Order 13423.

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

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

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

(2) No later than five (5) business days after award of a contract or order, the Contractor must provide the PSA Contracting Officer a redacted copy of the contract or order in electronic format.

This copy will be used to satisfy any requests for copies of the contract or order under the FOIA. If the

Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition

Regulation.

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

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

(d) Each officer or employee of the Contractor or any of its subcontractors to whom any

Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641.

That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

PSA228-70 Insurance (SEP 2013)

(a) In accordance with FAR 52.228-5, "Insurance-Work on a Government Installation (JAN

1997)" incorporated by reference, the Contractor must secure, pay the premiums for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance of the types and in the amounts as specified under FAR 28.3.

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

(c) A certificate of each policy of insurance must be furnished to the CO within ten (10) days after notice of award certifying, among other things, that the policy contains the aforementioned endorsement. The insurance company providing the above insurance must be satisfactory to the

Government. Notices of policy changes shall be furnished to the CO. The substance of this clause must be made to flow down to any subcontractors.

PSA232-70 Invoice Requirements (DEC 2013)

Invoices should be emailed to: PSAInvoices-Accounting@psa.gov.

(a) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(1) Name and address of the contractor.

(2) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of transmission.)

(3) Contract number or other authorization for supplies delivered or services performed

(including order number and contract line item number).

(4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on

Government bills of lading.

(6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(9) Electronic funds transfer (EFT) banking information.

(i) The contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds

Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other

Than Central Contractor Registration), or applicable agency procedures.

(ii) The last four digits of the contractor’s bank account must be shown on each invoice submitted for payment. This information will be used as a cross-reference in situations where the

EFT banking information in the Central Contract Registration is suspect.

(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(10) The vendor’s certification that their EFT banking information in the Central Contractor

Registration is current, accurate and complete as of the date of the invoice.

mailto:PSAInvoices-Accounting@psa.gov

(11) Any other information or documentation required by the contract (e.g., evidence of shipment).

(b) Any invoice that does not contain all of the information listed in paragraph (a) above will be rejected as improper, and a new complete corrected invoice must be submitted. The payment due date for the corrected invoice will be calculated from the date it is received.

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

(d) Within 30 calendar days following receipt of payment of FINAL INVOICE, the contractor shall submit, to the Contracting Officer, a completed Contractor’s Release Statement which is included as an attachment to this contract.

PSA233-70 PSA Protest Procedures (SEP 2013)

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

Officer by obtaining written and dated acknowledgement of receipt from the Contracting Officer.

(b) An interested party who files a protest with the agency has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Head of Contracting

Activity (HCA)…