PSA-15-R-000007.pdf

PSA-15-R-000007

TABLE OF CONTENTS

SECTION A Reserved

SECTION B - INFORMATION TO OFFERORS

B.1 Pricing 3-5 B.2 Estimated Quantities 5 B.3 Submission and Payment of Invoices B.4 Contract Type 5 B.5 Anticipated Date of Award 5 B.6 Acceptance Period 5 B.7 Period of Performance or Required Delivery Date 5 B.8 Place of Performance or Delivery Location 6 B.9 Commitment of Public Funds 6 B.10 Communication Prior to Award 6 B.11 Contract Administration 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 7-11 C.4 PSA Specific Clauses 12-18

SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Attachment I Description / Specifications/SOW 19-22

SECTION E - SOLICITATION PROVISIONS

E.1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference 23 E.2 Addendum to FAR 52.212-5 23-25 E.3 Potential Award without Communications 25 E.4 Alternate Proposals 25 E.5 Evaluation Criteria 25

Section/Title Page(s)

B.1 PRICING

This Solicitation outlines an open market procurement action that will result in the award of a single, fixed price, immunoassay reagents in support of the Office of Forensic Toxicology Services (OFTS) utilizing the procedures set forth in Federal Acquisition Regulation (FAR) Part 12 – Commercial Items.

The resulting contract will have a base period with four (4) option periods for a total of sixty (60) months.

Pursuant to FAR 17.205(a), the contracting officer has determined that inclusion of options in the solicitation and anticipated contract is in the best interest of the Government.

The Federal Supply Classification (FSC) is 66 – Instruments & Laboratory Equipment. The North American Industry Classification System Code is 334516 – Analytical Laboratory Instrument Manufacturing and the Small Business Size Standard is 500 employees.

PLEASE NOTE: All quantities are estimates only and are not guaranteed, see paragraph B.2 for further explanation.

Base Year 1, 2015 through February 28, 2016 Item Description Unit of Issue EST QTY

PER

MONTH

Unit Price EST QTY

PER

YEAR

Total Amount

CLIN 0001 Phencyclidine (PCP) Immunoassay Reagents

Month/EA 12 $___________ 144 $__________

CLIN 0002 High Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0003 Intermediate Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0004 Primary Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0005 Negative Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0006 6-AM Heroin Quality

Control Month/EA 12 $__________ 144 $__________

CLIN 0007 THC 40 Month/EA 10 $__________ 120 $__________ CLIN 0008 THC 60 Month/EA 10 $__________ 120 $__________

TOTAL MONTHLY AMOUNT $__________

TOTAL ANNUAL AMOUNT $__________

Option Year 1 (one), 2016 through February 28, 2017 Item Description Unit of Issue EST QTY

PER

MONTH

Unit Price EST QTY

PER

YEAR

Total Amount

CLIN 0001 Phencyclidine (PCP) Immunoassay Reagents

Month/EA 12 $___________ 144 $__________

CLIN 0002 High Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0003 Intermediate Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0004 Primary Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0005 Negative Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0006 6-AM Heroin Quality

Control Month/EA 12 $__________ 144 $__________

CLIN 0007 THC 40 Month/EA 10 $__________ 120 $__________ CLIN 0008 THC 60 Month/EA 10 $__________ 120 $__________

TOTAL MONTHLY AMOUNT $__________

TOTAL ANNUAL AMOUNT $__________

Option Year 2 (two), 2017 through February 28, 2018 Item Description Unit of Issue EST QTY Unit Price EST QTY Total Amount

SECTION B – INFORMATION TO OFFERORS

PER

MONTH

PER

YEAR

CLIN 0001 Phencyclidine (PCP) Immunoassay Reagents

Month/EA 12 $___________ 144 $__________

CLIN 0002 High Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0003 Intermediate Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0004 Primary Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0005 Negative Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0006 6-AM Heroin Quality

Control Month/EA 12 $__________ 144 $__________

CLIN 0007 THC 40 Month/EA 10 $__________ 120 $__________ CLIN 0008 THC 60 Month/EA 10 $__________ 120 $__________

TOTAL MONTHLY AMOUNT $__________

TOTAL ANNUAL AMOUNT $__________

Option Year 3 (three), 2018 through February 28, 2019 Item Description Unit of Issue EST QTY

PER

MONTH

Unit Price EST QTY

PER

YEAR

Total Amount

CLIN 0001 Phencyclidine (PCP) Immunoassay Reagents

Month/EA 12 $___________ 144 $__________

CLIN 0002 High Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0003 Intermediate Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0004 Primary Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0005 Negative Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0006 6-AM Heroin Quality

Control Month/EA 12 $__________ 144 $__________

CLIN 0007 THC 40 Month/EA 10 $__________ 120 $__________ CLIN 0008 THC 60 Month/EA 10 $__________ 120 $__________

TOTAL MONTHLY AMOUNT $__________

TOTAL ANNUAL AMOUNT $__________

Option Year 4 (four), 2019 through February 28 2020 Item Description Unit of Issue EST QTY

PER

MONTH

Unit Price EST QTY

PER

YEAR

Total Amount

CLIN 0001 Phencyclidine (PCP) Immunoassay Reagents

Month/EA 12 $___________ 144 $__________

CLIN 0002 High Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0003 Intermediate Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0004 Primary Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0005 Negative Calibrator Month/EA 10 $__________ 120 $__________ CLIN 0006 6-AM Heroin Quality

Control Month/EA 12 $__________ 144 $__________

CLIN 0007 THC 40 Month/EA 10 $__________ 120 $__________ CLIN 0008 THC 60 Month/EA 10 $__________ 120 $__________

TOTAL MONTHLY AMOUNT $__________

TOTAL ANNUAL AMOUNT $__________

To be considered for award, the Contractor must propose pricing for Phencyclidine (PCP) Immunoassay Reagent, Calibrators and Quality Controls - as described in the attached Statement of Work.

Pricing should include fixed pricing for the base period and each option period with total dollar amount expressed for both monthly and annually for each year.

Contractors may submit pricing information in a format customary to its normal business practice;

provided it contains sufficient detail to reflect all costs associated with the requirements of the statement of work, to include the cost of reagent.

B.2 ESTIMATED QUANTITIES

The estimated monthly drug testing volume by test, as identified in the attached scope of work are estimates only and are not guaranteed or minimum order amounts. PCP Reagents for tests and supplies will be ordered on an as needed basis by the Contracting Officer’s Representative (COR).

B.3 CONTRACT TYPE

The Pretrial Services Agency (PSA) anticipates awarding a single Firm Fixed Price contract for immunoassay PCP Reagent further identified in the attached scope of work.

B.4 SUBMISSION AND PAYMENT OF INVOICES

All invoices must be submitted electronically via email to PSAInvoices-Accounting@psa.gov as specified in PSA Clause PSA232-70, which can be found in Section C of this document.

For invoices at or below $150,000, the Government reserves the right to make payment by Government Purchase Card pursuant to FAR 52.232-36, Payment by Third Party at its discretion. In such case, an authorized PSA Purchase Card holder shall contact the vendor and provide the purchase card information, at which time the vendor may charge payment to the credit card.

If the contractor does not accept payment by Government Purchase Card, or does not desire to accept payment by Government Purchase Card, the contractor must clearly state so in its quotation, offer, or proposal. Acceptance or non-acceptance of payment by Government Purchase Card shall have no bearing on award decision.

B.5 ANTICIPATED DATE OF AWARD

It is anticipated that award will be made on or about February 25, 2015. This is an estimate only.

B.6 ACCEPTANCE PERIOD

Contractor's proposal must be valid for at least 60 days from the solicitation due date.

B.7 PERIOD OF PERFORMANCE OR REQUIRED DELIVERY

The successful contractor will be required to deliver PCP Reagent and supplies. The resultant award will be for a period of one year following contract award and shall include four (4) one year option periods.

The anticipated periods of performance (subject to adjustment based on the actual award date) are:

Base Period: March 1, 2015 through February 28, 2016 Option Period 1: March 1, 2016 through February 28, 2017 Option Period 2: March 1, 2017 through February 28, 2018 Option Period 3: March 1, 2018 through February 28, 2019 Option Period 4: March 1, 2019 through February 28, 2020 mailto:PSAInvoices-Accounting@psa.gov

B.8 PLACE OF PERFORMANCE AND DELIVERY LOCATION

Delivery or performance-period requirements.

The successful contractor will be required to deliver to 633 Indiana Avenue NW, Suite 1134, Washington, DC 20004.

B.9 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.

B.10 COMMUNICATION PRIOR TO AWARD

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

Primary Name: Diana T. Weiss Title: Contracting Officer Email: Diana.Weiss@psa.gov

Pretrial Services Agency for the District of Columbia 633 Indiana Avenue, NW Washington, D.C. 20004 Phone: (202) 220-5647 Fax: (202) 220-5655

All questions must be submitted to the individual identified above via email no later than 2:00 p.m.

Eastern Time (ET) on Friday, February 13th, 2015.

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

B.11 CONTRACT ADMINISTRATION

Contract Specialist Contracting Officer’s Representative

Diana T. Weiss To be Provided at Time of Award Pretrial Services Agency Pretrial Services Agency

633 Indiana Avenue, NW, Suite 1155 633 Indiana Avenues, Suite ____ Washington, DC 20004 Washington, DC 20004

Phone: (202) 220-5657 Phone: _________________________ Fax: (202) 220-5655 Fax: _________________________

Email: Diana.Weiss@psa.gov Email: _________________________

B.12 PREPARATION COSTS

This RFQ 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

52.212-4 Contract Terms and Conditions – Commercial Items SEP 2013 52.217-8 Option to Extend Services NOV 1999 52.217-9 Option to Extend the Term of the Contract MAR 2000

C.2 ADDENDUM TO FAR 52.212-4

C.2.1 INSPECTION AND ACCEPTANCE OF SERVICE

The Contracting Officer's Representative (COR) will be responsible for inspecting products/services furnished under the contract.

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.

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 (Dec 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 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)).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

SECTION C CONTRACT CLAUSES

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

___ (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 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

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

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (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).

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

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

__X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

_X__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (34) (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.)

___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (43) 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).

___ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (53) (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.] ___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).

(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) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 (May 2014) (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 (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 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.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 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)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

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

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

(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)

C.4 PSA SPECIFIC CLAUSES

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.

PSA209-72 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, CLAUSES CONTINUED – PSA SPECIFIC CLAUSES 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.

PSA209-74 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.

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.

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.

mailto:PSAInvoices-Accounting@psa.gov

(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.

(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.

PSA232-71 Limitation of Government’s Obligation (SEP 2013)

(a) Contract line item(s) _____ through ______ is/are incrementally funded. For these item(s), the sum of $_______ of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least thirty days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state

(1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ ________ (month) (day), (year) $ ________

PSA233-70 PSA Protest Procedures (SEP 2013)

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

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

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

Jeffery C. Brakebill, C.P.M.

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

PSA237-70 Non-Personal Services (SEP 2013)

(a) As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, Inherently Governmental Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action.

(b) The Contractor must not perform any inherently Governmental actions under this contract.

No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee may state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with the contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

(c) The Contractor must insure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause limits the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier.

PSA242-70 Contract Performance Information (SEP 2013)

The Contractor must not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer for approval.

Description/ Specification/ Statement of Work for Phencyclidine (PCP) Immunoassay Reagent, Calibrators and Quality Controls

1. General Information

The Pretrial Services Agency for the District of Columbia i s an independent federal agency u n d e r the Court Services a n d O f f e n d e r S upervision Agency. Pretrial Services Agency’s Office of Forensic Toxicology Services (OFTS) performs urine drug t e s t i n g f o r a l l defendants, adult and juvenile, in pretrial status, Drug Court, offenders on Probation or Parole, parents charged with abuse or neglect, and other tests as ordered by the courts. The OFTS collects over 360,000 specimens per year. The estimated monthly drug testing volume for PCP is 33,000 tests per month including calibrations and controls. Reagents for Phencyclidine (PCP) are being bid in this solicitation. Testing will be performed on instrumentation provided by the government.

2. Reagent Requirements

2.1. Compliance with Food & Drug Administration (FDA) Requirements: Immunoassay kits are medical devices and must have clearance from Food & Drug Administration (FDA) to be marketed. The registration and listing process specified by the FDA must be followed and the manufacturer must adhere to good manufacturing process (GMP) in the manufacture of these devices. Any mandatory recalls of the kits provided under this contract and any other problems that require notification to the FDA must be resolved as required by the FDA regulations current at the time. The Contractor shall notify the Contracting Officer and Laboratory Director by Certified or overnight mail of any recall of FDA notification within two working days of the event.

2.2. Except as provided herein, the reagent supplied throughout the term of this contract shall be identical to the reagent offered by the contractor and accepted by the Government at the time of the contract award. If, during the course of this contract, the manufacturer wishes to change or improve its reagents, that product modification must be proposed in writing to the Contracting Officer and Laboratory Director for approval prior to its incorporation into the kits to be delivered.