SOL 959P0025Q0001 PSA Strategic Planning 3 day Conference for BUE rev10 15 2024.pdf

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Contractor must provide a venue to host a three (3) day off-site PSA Strategic Planning Conference for Bargaining Unit Employees within a 15-mile radius (DC, Maryland, or Virginia) of PSA’s office located at 633 Indiana Avenue, NW,Washington, DC. Venues must be within 0.5 miles walking distance from public transportation (Metro-rail station, bus, etc.) to perform this requirement.

The Conference must occur on three (3) consecutive days; Wednesday, November 6, 2024 through Friday, November 8, 2024

Note:Time: 7:00 AM to 6 PM is for all three days.

Approximately 90 participants will be attendance.

See Attachment# A - Statement of Work (SOW).

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

PAGE OF

959P0025Q0001

RATING

PAGES

5a. ISSUED BY PSA Pretrial Services Agency 633 Indiana Ave, NW Washington, DC, 20004, US

UNDER BDSA REG. 2

AND/OR DMS REG. 1

6. DELIVER BY (Date) See Schedule

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

DELIVERY

FOB DESTINATION

a. NAME OF CONSIGNEE

OTHER

Schedule)

AREA CODE NUMBER

NAME COMPANY

CITY STATE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

10/25/24 10:00 AM

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of

Quotation must be completed by the quoter.

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 PSA Strategic Planning 3-day Conference for Bargaining Unit

Employees

1 Each

Contract Type:Firm Fixed Price Unit Price Extended Price

Description:

Contractor to provide a venue to host a three (3) day off-site Bargaining Unit Employees (BUE) Strategic Planning Conference within a 15-mile radius (DC, Maryland, or Virginia) of PSA's office located at 633 Indiana Avenue, NW, Washington, DC. Venues must be within 0.5 miles walking distance from public transportation (Metrorail station, bus, etc.) and within 0.5 miles walking distance from a public parking facility to perform this requirement for three

(3) consecutive weekdays, Wednesday, November 6, 2024, Thursday, November 7, 2024.and Friday, November 8, 2024 (see Statement of Work (SOW).

Purchase Requisitions

IDC Type: Not Applicable

B.1 About PSA The Pretrial Services Agency for the District of Columbia (PSA) is a federal independent entity within the Court Services and Offender Supervision Agency (CSOSA). PSA has served the Nation's Capital for more than 45 years. The Agency assists judicial officers in both the Superior Court for the District of Columbia and the United States District Court for the District of Columbia in formulating release recommendations and providing supervision and services to defendants awaiting trial that reasonably assure that those on conditional release return to court and do not engage in criminal activity. PSA has been a leader in the D.C. criminal justice system and has been recognized nationally for its pretrial drug testing and innovative supervision and treatment programs.

In support of its mission, PSA has a requirement for the supplies or services identified within this Section and as may further be described in Section C. Unless otherwise specifically stated elsewhere in this document, the contractor is to provide all supplies, equipment, tools, transportation, labor, supervision, and other items as may be necessary to provide the supplies or services identified

Section C - Description/Specifications/Work Statement

See Attachment A - Statement of Work (SOW for PSA Strategic Planning Conference for Bargaining Unit Employees

Section D - Packaging and Marking

Not Applicable (N/A)

Section E - Inspection and Acceptance Terms

Supplies/Services will be inspected/accepted at:

Line Number Inspect At Inspect By Accept At 0001 Destination Government Destination

E.1 Inspection and acceptance of products shall be performed at place of performance or destination, by the COR. The COR will inspect/accept services to assure the services conform in all respects to the statement of work (SOW) of the Solicitation.

The contractor will be notified by the Contracting Officer of services that are found not to be in conformance with contractual specifications.

959P0025Q0001 QUALITY ASSURANCE SURVEILLANCE PLAN:

A. Background: The quality assurance surveillance plan (QASP) describes how PSA will monitor and evaluate contractor performance. This QASP describes in more detail how services will be evaluated and the consequences of performance below requirements. Contractor performance will be evaluated by PSA staff and participants attending the conference.

B. Purpose: The QASP describes the general level of performance that will be acceptable for each type of service listed in the solicitation.

C. Acceptable Quality Levels and how performance will be measured:

Venue Service Area / Deliverable

Acceptable Quality

Level (AQL)

Method of Measuring

Quality/Monitoring

Method

Incentive/Price

Reduction

1.

Provide floor layout of the meeting space(s) with proposal. Any changes after award must be approved by the PSA's Contracting Officer

Deadline met

Adherence to floor layout submission date

Positive/Negative Performance Evaluation

2.

Conduct a kick-off meeting within five (5) business days after receipt of award (to review requirements and discuss logistics

Deadline met;

Contractor(s) facilitates meeting

Meeting submittal date;

evaluation of the quality and content of the meeting by Program Director or Account Manager

Performance

Evaluation

2.

Conduct a walk-though venue meeting within five (5) business days after receipt of award (to view venue and discuss logistics)

Deadline met; Contractor(s) facilitates meeting.

Meeting submittal date;

evaluation the quality and content of the meeting by the Program Director or Account Manager

3.

Provide a state-of-the-art meeting space(s).

Deadline met; facilitates, as scheduled

Faculty feedback

4.

Provide quality in person customer service commensurate of three out of five stars or higher quality rating for each day of meeting

Deliver each residential event with no more than 3 participant complaints per event

Customer feedback and program evaluations

5.

Provide quality customer service commensurate of a three out of five stars or higher quality rating

Deliver each residential training event with no more than 3 participant complaints per event

Customer feedback and program evaluations

Section F - Delivery or Performance

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

CSP Location 633 Indiana Ave NW Washington DC

US 20004

See Attachment A - Statement of Work (SOW for PSA Strategic Planning Conference for Bargaining Unit Employees for DELIVERIES OR

PERFORMANCE

Period of Performance: November 6, 2024 through November 8, 2024.

Section G - Contract Administration Data

Requesting Office Address PSA Pretrial Services Agency 633 Indiana Ave, NW

Suite 1134 Washington DC 20004

Phone: Fax:

Contact Details:

Issuing Office Address PSA Pretrial Services Agency 633 Indiana Ave, NW Suite 1134

Washington DC 20004

Phone: Fax:

Contact Details:

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 made, either explicit or implied, is invalid.

SECTION G. – CONTRACT ADMINISTRATION

G.1 Contracting Officer (CO) Authority:

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.

Contracting Officer: Tamara Brown Pretrial Services Agency (PSA) 633 Indiana Avenue, NW Washington, DC 20004

Office No.: 202-220-5657 Email: tamara.brown@psa.gov

Contract Specialist: Gloria Robertson PSA - 633 Indiana Avenue, NW Washington, DC 20004 Office No.: 202-220-5531 Email: gloria.robertson@psa.gov

G.2 CONTRACTINGOFFICER'SREPRESENTATIVE(COR):

The responsibilities and limitations of the COR are as follows:

The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor.

The COR is also responsible for the final inspection and acceptance of all equipment, services, reports, and such other responsibilities as may be specified in this task order. The COR is not authorized to make any commitments or otherwise obligate PSA or authorize any changes, which affect the task order price, terms or conditions.

Any request for changes by the Contactor must be referred to the Contract Specialist or Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer.

If the Contractor performs a service that alters the current cost, quantity, or scope without prior written approval from the CO, the Contractor does so at his/her own risk.

The Contractor will receive a copy of the appointment letter outlining the roles and responsibilities of the COR. Contracting Officer's Representative (COR): TBA mailto:tamara.brown@psa.gov mailto:gloria.robertson@psa.go

IPP-001 Invoice Processing Platform (IPP) –

Electronic Invoicing and Payment Requirement

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP) system using the "Bill to Agency" of Interior Business Center - FMD.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Custom Clause)

Note: Onsite Working is Not Applicable

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 Juneteenth National Independence Day June 19* 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 https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

(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 onsite 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.

Section H - Special Contract Requirements

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.

PSA224-72 Records Management (JUN 2017) PSA224-72 Records Management (JUN 2017)

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

"Federal record" as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includesPretrial Services Agency for the District of Columbia (PSA) records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their PSA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. PSA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of PSA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to PSA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government's behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to PSA control or the Contractor must hold it until otherwise directed.

Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and PSA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with PSA policy.

8. The Contractor shall not create or maintain any records containing any non-public PSA information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The PSA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which PSA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take PSA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

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.

PSA239-70 Information Security (MAR 2016) All electronic data containing personally identifiable information (PII) regarding PSA staff, defendants and/or clients, must reside within the boundaries of the PSA/CSOSA data center. Vendors are prohibited from creating, processing, and/or storing electronic data and information containing personally identifiable information (PII) regarding PSA staff, defendants and/or clients on other than government-owned and furnished computing equipment. To clarify, vendors may not create, process, or store electronic data and information containing personally identifiable information (PII) regarding PSA staff, defendants and/or clients on the company computer systems, servers, laptops, mobile devices, smartphones, USB drives, or any online or cloud storage or file back-up system (including by not limited to Dropbox, Google Docs, iCloud, SkyDrive, Mozy, etc.). As appropriate, vendors will obtain PSA network and computer systems user accounts, including capabilities for secure remote access where appropriate, and be subject to all agency policies and operational instructions regarding information security and privacy. In the case of secure remote access, the vendor would access the secure PSA/CSOSA network via their company or personal computers; however all electronic data and information creation, processing, and storage must occur only on PSA/CSOSA servers and information systems via the secure remote connection. Any exceptions must be formally approved in writing by the PSA Chief Information Officer (CIO), the Records Management Officer, and formally distributed to the vendor in writing via the authorized PSA Contracting Officer. If exceptions are granted, specific information security and privacy requirements will be determined and formally provided to the vendor, via a formal modification to the contract, at time of approval. Such requirements will include at minimum, compliance with the Federal Information Security Management Act, privacy Act of 1974, and other applicable laws, regulations, policies and requirements.

The term "personally identifiable information" refers to information which can be used to distinguish or trace an individual's identity, such as their name, social security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother's maiden name, etc.

Data Security: Loss and/or Disclosure of Personally Identifiable Information (PII) - Notification of Data Breach

By acceptance of, or performance on, this contract, the contractor agrees that in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to PSA's Chief information Officer and the Contracting Officer's Technical Representative (COR) or Contracting Officer (CO). Points of Contact shall be provided at time of award.

PSA242-70 Contract Performance Information (SEP 2013) Page 13 of 45

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.

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.

PSA209-70 Contractor Performance Capabilities (SEP 2013) The Contractor must be capable of performing all the tasks described in the Statement of Work. The Government shall not be liable for any costs or other involvement in the purchase, repair, maintenance or replacement of Contractor items used to implement or comply with requirements of the contract. Likewise, the Government shall in no way be held accountable by the Contractor for the Contractor's inability to perform under this Contract due to Government technology implementations and or changes.

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

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

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

(c) Substitute personnel qualifications must be equal to, or greater than, those of the personnel being substituted. If the Government Contracting Officer and the COR determine that the proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the contract, the Contractor may be subject to default action. If deemed necessary by the Government, substitute personnel must be given a one-(1) day orientation by Contractor personnel at no additional cost to the Government and with no change in the delivery schedule.

(d) In the event that the performance of assigned Contractor personnel or any substitute(s) is determined by the Government to be unsatisfactory at any time during the life of the Contract, the Government reserves the right to request and receive satisfactory personnel replacement within five (5) calendar days of receipt by the Contractor of written notification. Notification will include the reason for requesting replacement personnel.

(e) The Contractor-supplied personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed herein.

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

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

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

PSA209-72 Qualifications of Contractor's Employees (SEP 2013) The Contracting Officer may require dismissal from work of those employees which he/she deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment he/she deems contrary to the public interest or inconsistent with the best interest of national security. The Contractor must fill out, and cause each of its employees on the contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor's employees must be fingerprinted. Each employee of the Contractor who works on this contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status.

PSA Protest

(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:

Tamara Brown Head of Contracting Activity Pretrial Services Agency for the District of Columbia 633 Indiana Avenue, NW, Suite 1102 Washington, DC 20004-2908

Section I - Contract Clauses

Clauses incorporated by reference

Article Number Reference Text 52.232-18 52.232-18 Availability of Funds (APR 1984)

52.243-1 52.243-1 Changes-Fixed Price (AUG 1987)

52.249-2 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

Clauses incorporated by full text

Contract Terms and Conditions Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

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

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice.

For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607- 2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records.