RFQ 959P0020Q0014 3.24.20.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)

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

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

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

8 (A)

NAICS:

SIZE STANDARD:

The purpose of this request for quotation (RFQ) is to acquire PCP reagents, calibrators & QC for THC 40 and THC 60. Quoters shall provide quotations in accordance with this RFQ. All questions regarding this RFQ are due NLT 12:00 noon EST by 3/30/20. All quotations are due NLT 12:00 noon EST by 4/9/20.

Questions and quotations shall be emailed to the Contracting Officer.

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

959P0020Q0014

TABLE OF CONTENTS:

Listing of Incorporated Purchase Requisitions Section B - Supplies or Services and Prices/Costs Section C - Description/Specifications/Work Statement Section D - Packaging and Marking Section E - Inspection and Acceptance Terms Section F - Delivery or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions and Notices to Offerors Section M - Evaluation Factors for Award

Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 BASE YEAR 1 YR

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Phencyclidine (PCP) Reagents, Calibrators, and Quality Control (QC) Material for Tetrahydrocannabinol (THC) 40 & THC 60. Please view Attachment 1.

Purchase Requisitions

Item Number Base Item Number

Supplies/Services Quantity Unit

1001 OPTION YEAR 1 1 YR

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Phencyclidine (PCP) Reagents, Calibrators, and Quality Control (QC) Material for Tetrahydrocannabinol (THC) 40 & THC 60. Please view Attachment 1.

Purchase Requisitions

Item Number Base Item Number

Supplies/Services Quantity Unit

2001 OPTION YEAR 2 1 YR

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Phencyclidine (PCP) Reagents, Calibrators, and Quality Control (QC) Material for Tetrahydrocannabinol (THC) 40 & THC 60. Please view Attachment 1.

Purchase Requisitions

Item Number Base Item Number

Supplies/Services Quantity Unit

3001 OPTION YEAR 3 1 YR

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Phencyclidine (PCP) Reagents, Calibrators, and Quality Control (QC) Material for Tetrahydrocannabinol (THC) 40 & THC 60. Please view Attachment 1.

Purchase Requisitions

Item Number Base Item Number

Supplies/Services Quantity Unit

4001 OPTION YEAR 4 1 YR

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Phencyclidine (PCP) Reagents, Calibrators, and Quality Control (QC) Material for Tetrahydrocannabinol (THC) 40 & THC 60. Please view Attachment 1.

Purchase Requisitions

Section C - Description/Specifications/Work Statement

C.1 General Information

The Pretrial Services Agency for the District of Columbia (PSA) is an independent federal agency under the Court Services and Offender Supervision Agency (CSOSA). PSA's Office of Forensic Toxicology Services (OFTS) performs urine drug testing for all defendants, adults and juveniles in pretrial status and drug courts, offenders on probation or parole, parents charged with abuse or neglect, and other tests as ordered by the Courts. OFTS collects over 360,000 specimens annually.

The monthly drug testing volume for phencyclidine (PCP) is up to 19,000 tests and up to 228,000 tests annually.

The Contractor shall provide PCP reagents, calibrators, and quality control (QC) material for Tetrahydrocannabinol (THC) 40 and THC 60. The PCP reagents shall be compatible with the Government's Beckman 5810 clinical chemistry analyzer. The Contractor shall perform testing on the Government's instrumentation.

C.2 Phencyclidine (PCP) Reagent Requirements

C.2.1 Immunoassay kits are medical devices and shall have clearance from the Food & Drug Administration (FDA) in order to be marketed. The Contractor shall follow the registration and listing process specified by FDA and the manufacturer shall adhere to good manufacturing process (GMP) in the manufacture of these devices. Mandatory recalls of the kits provided under this Contract and any other problems that require notification to FDA shall be resolved as required by FDA's current regulations. The Contractor shall notify the Contracting Officer (CO), Contracting Officer's Representative (COR), and Laboratory Director by certified or overnight mail or via email of any recall of FDA's notification within two (2) working days of the event.

C.2.2 Except as provided herein, the reagents supplied throughout the duration of this Contract shall be identical to the reagents offered by the Contractor and accepted by the Government at the time of Contract award. If during the course of this Contract, the manufacturer wishes to change or improve its reagents, the Contractor shall propose the product modification in writing to the CO, COR, and Laboratory Director for approval prior to the Contractor incorporating the modified reagents into the kits to be delivered. Any revalidation of the modified reagents shall be done by the Contractor at their expense and at a time acceptable to OFTS.

C.2.3 The shelf life of unopened assay kits or components shall be at least 180 days from the delivery date. Once the kit container seals are broken and the component is opened, the assay kits shall have a shelf life of at least 30 days.

C.2.4 The reagents shall meet the current Substance Abuse & Mental Health Services Administration (SAMSHA) standards, OFTS's standard operating procedures, Department of Transportation (DOT) standards, and the Department of Defense's (DOD) Standard Drug Testing Panel and Criteria for Reporting Drug Use in the Military Drug Testing Program cutoff guideline of 25 ng/ml.

Precision at the 25ng/ml cutoff for the Reagents

-Within run C.V. of 5% or less

-Between run C.C. of 5% or less

C.3 Salient Characteristics for Calibrators & Controls

C.3.1 The Contractor shall provide sufficient calibrator and control materials for each kit. The calibrators and controls shall meet SAMSHA's, OFTS's, DOT's, and DOD's cutoff of 25 ng/ml. The Contractor shall provide sufficient control materials for the reagents at approximately 75% and 125% of the 25 ng/ml cutoff concentration at no additional charge to the Government to perform the volume of testing shown.

C.3.2 The calibrators and control materials shall be available in no less than 5 ml or greater than 25 ml. The calibrators and control materials shall be available in liquid form whenever available. The calibrators and control materials shall have a 30-day expiration of opened or reconstituted products. Lot numbers shall be good for six (6) months from the date of receipt.

Precision of the Controls (see C.2.6) run with the Contractor's reagents

-Within run C.V. of 5% or less

-Between run C.V. of 5% or less

C.4 Assay Specific Requirements

C.4.1 The sensitivity and specificity of the assays shall provide sufficient reactivity with the PCP reagents that actual human physiological specimens, which contains 25 ng/ml of the PCP reagents as determined by the Gas Chromatography Mass Spectrometry (GCMS), would show an apparent concentration of 25 ng/ml by the immunoassay procedures.

C.4.2 The reagents shall provide equivalent or better performance characteristics for the detection of PCP in human urine in accordance with OFTS's immunoassay procedures indicated below.

C.4.2.1 The reagents shall use a semi-quantitative protocol and demonstrate linearity for PCP of at least 100 ng/ml.

C.4.2.2 The reagents shall be specific for PCP such that no less than 95% of the actual human physiological specimens identified as positive in accordance with the OFTS's immunoassay procedures will be identified as positive by the Contractor's reagents.

C.4.2.3 The reagents shall not have more than a 5% false negative rate for actual human physiological specimens identified as positive in accordance with the current OFTS's immunoassay procedures.

C.4.2.4 The reagents shall not have more than a 5% false positive rate for actual human physiological specimens identified as negative in accordance with OFTS's immunoassay procedures.

C.4.2.5 The chemical compounds that may reasonably be found in urine resulting from prescription or non-prescription drugs shall be tested to characterize antibody specificity. The specificity testing shall include biochemical materials produced normally in the human body (this may be evaluated by testing the numbers of specimens of normal human urine).

C.4.2.6 The assays shall show minimal cross-reactivity to Dextromethorphan and its metabolites. The assays shall show minimal or no cross-reactivity with Dextromethorphan at therapeutic concentrations.

C.5 Quality Control (QC)

The PCP immunoassay reagents shall maintain reproducibility in QC measurement. The reagent shall identify 95% of all positive QC materials containing PCP at 125% of OFTS's cutoff concentration and 95% of all negative QC materials containing PCP at 75% of OFTS's cutoff concentration. OFTS's cutoff concentration for PCP is 25ng/ml.

C.5.1 THC 40 & THC 60

The Contractor shall provide sufficient THC QC materials that shall identify THC metabolites at 20% above the cutoff for all positive specimens and 20% below the cutoff for all negative specimens. OFTS's cutoff for THC is 50ng/ml. The Contractor shall follow the procedures identified in Sections C.4.2.1 through C.4.2.6 above.

C.6 Other Requirements

C.6.1 The Contractor shall provide trouble-shooting, method set-up, and method validation technical support services. The technical support services shall be available by telephone 24 hours per day, 7 days per week by local or toll-free number at no additional cost to the Government.

C.6.2 The Contractor shall set-up and validate the initial performance of the assays on the equipment provided by the Government in accordance with the current standard of practice for forensic toxicology laboratories. The Contractor shall provide documentation of these validation studies.

C.7 Ordering and Delivery of Items

Requests for PCP reagents, calibrators, and control materials will be placed by the COR or Government designee. The Contractor shall deliver within 24 hours of receipt of a request, the reagents, calibrators, and controls for emergency orders for the testing of PCP at no additional charge to the Government and 72 hours for non-emergency orders.

C.8 Additional Information

The Government will provide the appropriate instrumentation for the analysis. Currently the Government uses a Beckman 5810 clinical chemistry analyzers. The Government will provide adequate storage facilities for the reagents, calibrators, and controls. Qualified Government operators will perform all testing.

Section D - Packaging and Marking

Preservation, packaging, and marking for all items delivered herein shall be in accordance with commercial practices and adequate to insure acceptance by common carrier and safe arrival at destination. The Contractor shall include the contract number and project title on or adjacent to the exterior shipping label. All items, documentation, and other deliverables shall be clearly marked with the project title, Contract number, and COR's name.

The materials provided shall be in volumes and packages, which are convenient and applicable to the throughput of OFTS and shall not result in the loss or unnecessary disposal of more than 5% of the working volume of the reagents. The individual bottle of the reagents, which would be prepared for use at one time, shall not include materials for more than 5,000 tests.

The Contractor shall provide the reagents with a product package insert that complies with FDA's requirements and shall include data demonstrating specific performance characteristics such as accuracy, precision, sensitivity, specificity, cross-reactivity, and safety precautions. The instruction sheet(s) shall include protocols optimized for OFTS's operations as represented in these specifications and at cutoffs utilized by OFTS. The instruction sheet shall include operating parameters and instrumentation settings for use of the reagents on the Beckman 5810 clinical chemistry analyzer.

Section E - Inspection and Acceptance Terms

The Government will inspect the items in accordance with FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items. The inspection and acceptance of the items shall take place in Washington, DC or at any location designated by the COR where the items are delivered. The COR identified in Section G.2 has been delegated authority to inspect and accept all items.

Section F - Delivery or Performance

Line Item: 0001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

PSA Forensic Toxicology Services 90 K Street, NE 1st Floor Washington

US 20002

Line Item: 1001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

PSA Forensic Toxicology Services 90 K Street, NE 1st Floor Washington

US 20002

Line Item: 2001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

PSA Forensic Toxicology Services 90 K Street, NE 1st Floor Washington

US 20002

Line Item: 3001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

PSA Forensic Toxicology Services 90 K Street, NE 1st Floor Washington

US 20002

Line Item: 4001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

PSA Forensic Toxicology Services 90 K Street, NE 1st Floor Washington

US 20002

F.1 Period of Performance

The estimated period of performance is one (1) base and four (4) option years. This Contract includes FAR Clause 52.217-8, Option to Extend Services, that allows a period of performance extension of up to six (6) months. The option years shall be exercised at the discretion of the Government. The actual dates will be filled in at the time of Contract award.

Base Year: Award Effective Date through 12 months

Option Year 1:

Option Year 2:

Option Year 3:

Option Year 4:

13 through 24 months 25 through 36 months 37 through 48 months 49 through 60 months

F.2 Place of Delivery

The Contractor shall deliver the items to 90 K Street NE, Suite 102 in Washington, D.C. 20002.

Section G - Contract Administration Data

Requesting Office Address PSA Forensic Toxicology Services 90 K Street, NE 1st Floor Washington DC 20002 Phone:

Contact Details:

COTR Office Address PSA Forensic Toxicology Services 90 K Street, NE 1st Floor Washington DC 20002 Phone:

Contact Details:

Issuing Office Address PSA Pretrial Services Agency 633 Indiana Ave, NW Suite 1134 Washington DC 20004 Phone:

Contact Details:

Rollins, Evron S evron.rollins@psa.gov

G.1 Post Award Conference

If necessary, the Contractor shall attend a post award conference with the CO and/or the COR no later than 15 business days after the date of award. The purpose of the post award conference, which will be chaired by the Government, is to discuss technical and contractual objectives of this Contract. The post award conference will be held at 90 K Street NE, in Washington, DC or via teleconference.

G.2 Contracting Officer (CO)

The CO is the only person authorized to approve changes to the terms and conditions of the Contract.

In the event the Contractor effects any changes at the direction of any person other than the CO, the changes will be considered unauthorized and no adjustment will be made in the Contract price to cover increases in the costs incurred as a result thereof. The CO shall be the only individual authorized to modify any terms or conditions of the Contract. The CO is the only individual who can legally obligate Government funds. No cost chargeable to the Contract can be incurred before receipt of a fully executed Contract, which includes any subsequent Contract modifications or other specific written authorization from the CO.

The CO is:

Evron Rollins

Pretrial Services Agency for District of Columbia

Office of Finance and Administration/Procurement

601 Indiana Avenue, NW, Suite 710

Washington, DC 20004

Email: Evron.Rollins@psa.gov

G.3 Contracting Officer's Representative (COR)

The CO will designate a COR to assist in monitoring services/items under this Contract. The COR is responsible for the technical administration of the Contract and is the technical liaison for the Government. The COR is not authorized to change the scope of work or specifications as stated in the Contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the Contract price, delivery schedule, period of performance, or other terms and conditions. The Contractor will receive a copy of the COR appointment letter outlining the roles and responsibilities of the

COR.

Note: The name and contact information of the COR will be provided in the Contract.

G.4 Invoice and Payment

Invoices shall be prepared in accordance with FAR clause 52.212-4 (g), Contract Terms and Conditions-Commercial Items and PSA232-70, Invoice Requirements. The Contractor shall submit invoices electronically to PSAInvoices- Accounting@psa.gov. Electronic copies of the invoices shall be emailed to the CO and the designated COR. After receipt of final payment, the Contractor shall submit to the CO a completed Contractor's Release of Claims.

Section H - Special Contract Requirements mailto:Evron.Rollins@psa.gov mailto:PSAInvoices-Accounting@psa.gov

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.

PSA209-72 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.

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.

(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.

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.

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.

Section I - Contract Clauses

I.1 Federal Acquisition Regulations (FAR) 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This Contract incorporates one or more additional clauses by reference, with the same force and effect as if it were given in full text. Upon request, the CO will provide the full text. The full text FAR clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

FAR CLAUSE INCORPORATED BY REFERENCE

CLAUSE TITLE DATE

52.212-4 Contract Terms and Conditions-Commercial Items OCT 2018

I.2 FAR Clauses Incorporated by Full Text

FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (JAN 2020)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor http://acquisition.gov/comp/far/index.html provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ( Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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:

_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).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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 2014) (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 Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) 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 (Jan 2017) (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 (Oct 2019) (15 U.S.C. 657f).

__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (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 2020) (E.O.13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

X (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (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.

_X_ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes…