Solicitation 9594CS26Q0053.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 CODE17a. 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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

OIT260086 38

9594CS26Q0053

Cathy Collins (202) 220-5354

See Section F See Block 9

Court Services and Offender Supervision Agency Office of Financial Management 800 North Capitol Street, NW, 6th Floor Washington, DC 20002-4260

See Continuation Sheet

513210

$47M

06/11/2026

See Section L

Court Services and Offender Supervision Agency Office of Procurement 800 North Capitol Street, NW Washington, DC 20002-4260 Cathy Collins;(202) 220-5354;catherine.collins@csosa.gov

9594CS26Q0053

Public Safety Data Analytics Platform & Support Services

Continuation of SF1449

SF1449, Block 25 Accounting and Appropriation Data To be completed upon Award

Section B - Supplies or Services and Prices/Costs

B.1 Supplies & Services. The Contractor shall provide a public safety data analytics platform that meets the requirements outlined in Attachment J-1, Section C - Statement of Work, and provide all support services and deliverables identified in Attachment J-1, Section C - Statement of Work.

B.2 Contract Type. This is a firm-fixed priced (FFP) type purchase order. The total awarded price is firm and fixed for the entire 36-month term of performance identified in Section F.1. The Contractor warrants that the fixed pricing includes all costs for labor, overhead, licensing, data ingestion, maintenance, and support. No price increases, adjustments, or escalations shall be permitted during the life of the award.

B.3 North American Industry Classification System (NAICS) Code and Small Business Size Standard. The NAICS code for this acquisition is 513210, Software Publisher. The small business size standard is $47M.

Section C - Description/Specifications/Work Statement

The Statement of Work for the Public Safety Data Analytics Platform and Support Services requirement is provided in Attachment J-1, Section C - Statement of Work.

Section D – Packaging and Marking

D.1 All deliverables shall be submitted in the formats identified in this purchase order, Attachment J-1, section C.21, Table 1, unless otherwise directed by the Contracting Officer’s Representative (COR) or otherwise specified in the award.

D.2 All written deliverables shall have font type of Times New Roman with a font size of 12 throughout the document. The Contractor shall minimize additional formatting as much as possible (e.g., avoid use of columns) and avoid using any design/layout elements.

Section E – Inspection and Acceptance

E.1 Inspection will be in accordance with FAR 52.212-4(a) Inspection and section E.2 below.

E.2 The CSOSA COR, as designated in Section G.1, shall be responsible for conducting the inspection of all services performed and deliverables provided under this contract. Acceptance will be made primarily via e-mail. When requested, the Contractor shall address all comments and resubmit a deliverable until accepted by the COR.

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

0001 Public Safety Data Analytics Platform & All Support Services 1 Lot $TBD at award

Section F – Deliveries and Performance

F.1 Period of Performance. The period of performance of this purchase order is 36 months for date of award.

F.2 Place of Performance.

F.2.1 On-site work/services, including, but not limited to, the on-site full-time technical analyst (required by Attachment J-1, section C.7), shall be performed at any CSOSA location in Washington, DC as determined by the COR.

F.2.2 Any work/services not required to be performed on site at CSOSA will be performed at a location determined by the Contractor.

F.3 CSOSA Hours of Operation.

F.3.1 CSOSA hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Friday, except federal holidays. Work to be performed at Government facilities must be accomplished within the CSOSA hours of operation identified above unless otherwise directed by the COR. Any work at the Government’s facilities outside the above identified hours of operation is not authorized unless approved by the COR.

F.3.2 The Contractor shall coordinate work hours at Government facilities with the COR. Any work at the Government’s facilities outside the above identified hours of operation, including federal holidays or other non-business days is not authorized unless approved by the COR. Refer to Section F.4 below for identification of legal holidays.

F.4 Observance of Legal Holidays.

F.4.1 CSOSA personnel observe the following days as holidays:

(1) New Year's Day (7) Independence Day

(2) Inauguration Day (8) Labor Day

(3) Martin Luther King's Birthday (9) Columbus Day

(4) President's Day (10) Veteran’s Day

(5) Memorial Day (11) Thanksgiving Day

(6) Juneteenth Day (12) Christmas Day

F.4.2 If a holiday falls on Sunday, the following Monday will be observed as the legal holiday.

F.4.3 When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies.

F.4.4 In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designated by Executive Order

(3) Any other day designated by the President’s Proclamation

F.4.5 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 purchase order.

F.5 Travel. No travel reimbursement is allowed under this purchase order.

F.6 Deliverables.

F.6.1 The Contractor shall provide the deliverables outlined in Attachment J-1, Section C - Statement of Work.

F.6.2 Inspection and acceptance of all deliverables shall be in accordance with the procedures outlined in Section E of this purchase order.

F.6.3 Any deviation from the delivery or performance requirements by the Contractor is only authorized if approved in advance by a written agreement from the Contracting Officer.

F.7 Notice of Contractor Delays. In the event the Contractor encounters, or anticipates encountering, difficulty in meeting performance requirements, or in complying with the contract delivery schedule or completion date, or whether the Contractor has knowledge that any actual or potential situation is delaying, or threatens to delay, timely performance, the Contractor shall immediately, within one business day, notify the Contracting Officer and the COR, in writing, giving pertinent details; provided, however, that this notification shall be informational only in character, and that this provision shall not be construed as a waiver by CSOSA of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

Section G – Contract Administration Data

G.1 Contracting Officer’s Representative

G.1.1 The Contracting Officer’s Representative (COR) for this purchase order is:

TBD at award CSOSA – Office of Information Technology 800 North Capitol Street, NW Washington, DC 20002-4260 Telephone Number: TBD at award Email Address: TBD at award

G.1.2 The COR is responsible for the technical aspects of the purchase order and serves as the liaison with the Contractor. The COR is responsible for the final inspection and acceptance of all work performed and such other responsibilities as may be specified in this purchase order.

G.1.3 The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the purchase order price, terms, or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contacting Officer.

G.2 Contracting Officer

G.2.1 The Contracting Officer is the only person authorized to approve changes to any of the terms and conditions of this purchase order. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the purchase order price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the purchase order, or to modify any term or condition of this purchase order. The Contracting Officer is the only individual who can legally obligate government funds. No cost chargeable to the proposed purchase order can be incurred before receipt of a fully executed purchase order, which includes any subsequent purchase order modifications or other specific written authorization from the Contracting Officer.

G.2.2 The Contractor shall not comply with any order, direction, or request of government personnel unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this purchase order. No order, statement, or conduct of government personnel, other than the Contracting Officer, who visit the Contractor’s facilities or in any other manner communicate with Contractor personnel during the performance of this purchase order shall constitute a change under the terms for changes included in FAR 52.212-4 of this purchase order.

G.2.3 The procuring and administering Contracting Officer for this purchase order is:

Elijah Anderson Office of Procurement Court Services and Offender Supervision Agency (CSOSA) 800 North Capitol Street, NW, 6th Floor Washington, DC 20002-4260 Phone: 202.220.5795 (office) / 202.352.0537 (mobile) Email Address: elijah.anderson@csosa.gov

G.3 Electronic Invoicing and Payment Requirements – Invoice Processing Platform

G.3.1 Payment requests must be submitted electronically through the U.S. Department of Treasury’s Invoice Processing Platform (IPP) system using the “Bill to Agency” of Interior Business Center – FMD.

G.3.2 Definitions.

G.3.2.1 “Contract” as used throughout this clause means the type of contract identified in section B.3, Type of Contract.

G.3.2.2 “Payment request” means any request for contract financing payment or invoice payment by the Contractor.

G.3.3 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 FAR 52.212-4, Contract Terms and Conditions – Commercial Items, included in commercial item contracts.

G.3.4 IPP Registration. 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 normally within 3-5 business days of the contract award date. Assistance with enrollment may be obtained by contacting the IPP Production Helpdesk via email at IPPCustomerSupport@fiscal.treasury.gov or by phone at (866) 973-3131.

G.3.5 Payment Request/Invoice Submission.

G.3.5.1 Each payment request/invoice submitted under this firm-fixed price purchase order must:

• Be submitted in IPP with a unique invoice number; and

• Identify the specific Contract Line Item Number (CLIN) (i.e., CLIN 0001) for which the

Contractor is seeking payment under the contract.

G.3.5.2 Invoices and payments shall be made as outlined in the Fixed Price Payment Schedule identified below.

Table 1. Fixed Priced Payment Schedule See section L for Fixed Priced Payment Schedule submission requirement. The Fixed Priced Payment Schedule from the successful contractor will be included in the award.

mailto:elijah.anderson@csosa.gov https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

G.3.5.3 In addition to providing the information required by IPP, the Contractor shall include in IPP as an attachment(s) to the specific payment request/invoice amount the following:

• Contractor’s Contact Information;

• CSOSA’s Billing Information, i.e.:

CSOSA, Office of Financial Management 800 North Capitol Street, NW, 6th Floor Washington, DC 20002-4260

• Unique Invoice Number;

• Purchase Order number (9594CS26P…)

• Contract Line-Item Number (CLIN) invoiced and description as it appears on page 2 of this award;

• Project Phase/Milestone from the Fixed Price Payment Schedule being invoiced, including the period of performance for the phase/milestone, e.g., if a continuous service, provided the from and to dates; if a deliverable, identify the completion date;

• Total amount being invoiced;

• 10% withholding amount (per the Fixed Price Payment Schedule) per section , and

• Net payment amount.

G.3.5.4 Invoice Withholding Amount and Payout.

G.3.5.4.1 For each invoice submitted during the performance of the purchase order, the Contractor shall show a deduction of 10% from the total invoice amount for CLIN 0001 as a witholding to be paid in accordance with section G.3.5.2, Table 1, Fixed Priced Payment Schedule.

G.3.5.4.2 Each invoice shall explicitly identify the amount of the current invoice for CLIN 0001 being withheld (10%) and the cumulative amount of withholding to date.

G.3.5.4.3 At each 6-month anniversary of the award period of performance, the Contractor may submit an invoice to request the release of the accumulated withholding for invoices approved and paid within the prior 6-month period, subject to the following exceptions:

• Uncompleted deliverables. No withholding can be released for any milestone or deliverable that has not received final written acceptance by the COR, except for recurring services (e.g., on-site full time technical analyst).

• Final 6-month Period of Performance. No accumulated withholding shall be released for any invoices submitted during the final 6 months of the award period of performance until all final deliverables requried by Attachment J-1, Section C – Statement of Work are completed, delivered, and formally accepted by the COR.

G.3.6 CSOSA is bound by the Prompt Payment Act (5 CFR Part 1315) to reimburse Contractors on the 30th calendar day after a proper and valid invoice is officially received by the Agency.

G.3.6.1 Invoices submitted in IPP to incorrect CLINs and/or without required or valid attachment information are not considered proper.

G.3.6.2 Improper or invalid IPP invoices shall be disputed / rejected by CSOSA in their entirety. If the invoice is disputed / rejected by CSOSA, the Contracting Officer or COR appointed to the contract will notify the Contractor in writing of the dispute within seven (7) days of the CSOSA invoice official receipt date (the received date stamped on the invoice by OFM). CSOSA’s written dispute / rejection notification will identify the specific invoice items and amounts being disputed, reason the items or amounts are disputed, a reference to the specific terms of the contract which supports the government’s dispute and a request for an immediate explanation and / or corrected invoice. In addition, the invoice will be rejected by CSOSA in IPP. The Contractor shall re-submit corrected invoices in IPP, with required attachments, using a new, unique invoice number.

G.3.6.3 Properly disputed invoice amounts are not subject to late payment interest computations during the period of dispute. Per FAR Part 32 the Contracting Officer has the final authority to approve payment of an invoice.

G.3.7 The Contractor should review IPP to determine the current status of a submitted invoice.

Contractor inquiries concerning an invoice payment may be made to the CSOSA Office of Financial Management (OFM) thirty (30) calendar days after a proper invoice has been submitted. The Contractor may make payment inquires to by calling OFM, Ms. Rolanda White, at 202-220-5464 or emailing OFM at rolanda.white@csosa.gov.

Section H – Special Requirements

H.1 Security Requirements.

H.1.1 Security Clearances.

H.1.1.1 The scope of work and data collection requires the Contractor to have on-site access and may require the Contractor to collect information that is Procurement Sensitive and For Official Use Only or Agency Sensitive. Therefore, personnel supporting this purchase order must have an approved CSOSA clearance if they do not already have one.

H.1.1.2 The Contractor shall comply with the CSOSA administrative, physical, and technical security controls to ensure that the government’s security requirements are met. The Contractor shall not use, disclose, or reproduce data that bears a restrictive legend, other than as required in the performance of this purchase order, and will be required to sign non-disclosure agreements. Additionally, the Contractor shall comply with the CSOSA personnel security requirements listed below.

H.1.2 Personnel Security. The Contractor agrees to adhere to all regulations prescribed by the Government regarding the safety and security of staff and Clients. As determined by the COR, all Contractor personnel (employees and approved subcontractors), utilized under this purchase order shall submit to a CSOSA background check, and if necessary, a background investigation prior to performing. The intent and purpose of the background check/ investigation is to preclude the assignment of any individual who poses a threat to the Government, or successful work completion, due to past unlawful or inappropriate behavior. Contractor personnel must be U.S. citizens or be lawfully permitted to reside in the United States and possess a valid work permit. The Contractor shall ensure that an individual does not begin work under this purchase order until the background checks are conducted and approved by the CSOSA Office of Security.

H.1.3 CSOSA Background Checks.

H.1.3.1 Once the purchase order has been awarded, the Contractor will provide the COR with completed and signed security forms for Contractor and subcontractor personnel that require CSOSA clearance. The forms to be completed are:

• CSOSA Security Form for Temporary Contractors (Form # CSOSA-SEC-0010) (Attachment J-2);

• CSOSA Credit Release (Attachment J-3); and

• PIV Form (to be completed by COR if an access card is needed. If an access card is not needed, this form is not required) (Attachment J-4).

H.1.3.2 The COR will provide the completed security forms to the Contracting Officer who will provide the completed forms to the CSOSA Office of Security to conduct background checks. Once mailto:rolanda.white@csosa.gov background checks are conducted and approved, the Office of Security will issue security approval to/through the CO/COR, who in turn will notify the Contractor. Only at that time may the Contractor notify an individual to begin work under this purchase order.

H.1.3.3 Once an individual has been granted security approval, they can begin work. The Contractor must allow up to 30 days for the Office of Security to process the CSOSA background checks.

H.1.3.4 Derogatory information, falsification of any forms, or refusal to supply information and/or forms may be considered justification for immediate security denial/removal of the individual. CSOSA has the right to request any additional information necessary to complete the background check. If Contractor personnel fail to provide any of the above information, or cooperate with the CSOSA Office of Security, the individual will be disapproved and removed immediately.

H.1.4 Defense Counterintelligence Security Agency (DCSA) Background Investigation. Awards with a period of performance of 180 days or more must undergo a background investigation by DCSA in addition to the CSOSA background check. The CSOSA Office of Security will provide the additional security forms required for initiation of the DCSA background investigation. The Contractor will ensure that each individual assigned to this purchase order provides the following forms to the CSOSA Office of Security:

1. SF-85P, Questionnaire for Public Trust Positions (web-accessible form) - The Office of Security will provide the link for individuals to complete this form electronically.

2. OF 306, Declaration for Federal Employment

3. FD 258, Fingerprint Cards

H.1.5 If an individual is terminated, resigns, or for any other reason is no longer working on the purchase order, the Contractor shall ensure that all previously issued CSOSA equipment and material (including CSOSA identification card, if one has been issued) is retrieved from that individual and returned to the COR within one business day of the termination. The Contractor must notify the COR immediately when an individual is no longer working on the purchase order. The COR must immediately notify the CSOSA Office of Security and Information Technology in writing so all electronic access can be promptly terminated. In addition, the Contractor shall coordinate with the Contracting Officer or COR to identify a replacement if necessary. Replacements cannot start work until the CSOSA Office of Security provides approval.

H.1.6 Any individual who has been removed from performance under the purchase order may be required to undergo another CSOSA background check before resuming work.

H.1.7 Both the Contracting Officer and the COR shall ensure that all Contractor and approved subcontractor employees who provide services under this purchase order have been approved by the CSOSA Office of Security.

H.1.8 Contractor personnel shall wear or display CSOSA issued identification at all times when performing work at a CSOSA facility. Contractor personnel shall not share or loan any CSOSA identification. All individuals assigned to this purchase order must report the loss or misplacement of agency identification immediately to the CSOSA Office of Security.

H.1.9 By responding to the CSOSA solicitation, Contractor and approved subcontractor personnel agree to provide the requested information and cooperate with the above listed procedures. Any Contractor or approved subcontractor employee who does not obtain a favorable adjudication for the CSOSA background check, or DCSA background investigation, will be unable to perform services under this purchase order. The final adjudicative determination will be made at the sole discretion of CSOSA.

H.1.10 Security and Privacy - Personally Identifiable Information (PII), Personal Health Information (PHI), or Sensitive Information Storage and Handling. The Contractor is responsible for meeting information security and privacy requirements, and for the proper handling of Personally Identifiable Information (PII), Personal Health Information (PHI), or Sensitive Information Marked as Controlled Unclassified Information (CUI) as defined by Executive Order 13556 (or similar markings – For Official Use Only (FOUO), Sensitive Security Information (SSI), Sensitive But Unclassified (SBU), or any other forms of non-public information). Such information’s security and privacy requirements include the Federal Information Security Modernization Act of 2014, E-Government Act of 2002, Privacy Act of 1974, and other applicable laws, Executive Orders, directives, policies, standards, instructions, regulations, or procedures, and agency directives, policies, instructions, regulations, or procedures. The Contractor must store, process, or transmit all PII, PHI, or Sensitive Information only within CSOSA-controlled IT resources. Any exceptions must be formally approved in writing by the CSOSA Director, CIO, Chief Privacy Officer, CISO, Records Management Officer, and formally distributed to the Contractor in writing via the authorized CSOSA Contracting Officer. If exceptions are granted, specific information security and privacy requirements will be determined and formally provided to the Contractor.

H.1.11 Information Security and Privacy Training.

H.1.11.1 Contractor personnel are responsible for completing initial Information Security and Privacy Training in accordance with federal regulations and agency requirements and completing annual training thereafter.

H.1.11.2 Computer Security Incident and Privacy Breach Notification. The Contractor agrees that in the event of any actual or suspected computer security incident or breach of PII, PHI, or Sensitive Information Marked as CUI as defined by Executive Order 13556 (or similar markings – FOUO, SSI, SBU, or any other forms of Non-Public Information), the Contractor will notify within one hour, the CSOSA CIO, Chief Privacy Officer, CISO, and the COR or Contracting Officer.

H.1.11.3 All Contractor personnel (to include subcontractor personnel, teaming partner personnel, and independent consultants) who will be personally and substantially involved in the performance of this purchase order which requires the Contractor to act on behalf of or provide advice with respect to any phase of an agency procurement, shall execute and submit a “Non-Disclosure Agreement” Form. All Contractor personnel must submit a Non-Disclosure Agreement prior to the commencement of any work on this purchase order. Furthermore, Contractor personnel must submit a Non-Disclosure agreement whenever replacement personnel are proposed. Any information provided by the Contractor (and any subcontractors if applicable) in the performance of this purchase order or obtained by the Government is only to be used in the performance any work under this purchase order.

H.2 Government Facilities/Property.

H.2.1 Once cleared by CSOSA's Office of Security, Contractor personnel will receive the following Government facilities/property:

• Access to workspace, office equipment, including but not limited to phones, printers, copiers, and fax machines, as well as all appropriate office supplies;

• CSOSA personal identity verification (PIV) card;

• PIV card reader; and

• Computer.

H.2.2 The use of Contractor owned equipment, such as a computer or tablet, is allowed in CSOSA facilities, but no Contractor owned equipment will be connected to CSOSA's Local Area Network.

H.2.3 The Contractor shall maintain and disposition all Government facilities/property in accordance with FAR 52.245-1, Government Property.

H.2.4 All Government facilities, when vacated by the Contractor, shall be in substantially the same condition as when it was first provided to the Contractor. In addition, Government property shall be returned to the Government within two business days after the end of the purchase order period of performance in substantially the same condition as when it was first provided to the Contractor. If any individual performing work under the purchase order is terminated or resigns, all assigned Government property must be returned to the Government within two business days of the date performance ended.

H.3 Use and Charges. As authorized by FAR 52.245-9 Use and Charges, the Contractor is authorized to use any Government facilities/property provided in the performance of any work awarded under this award without charge.

H.4 Government Information.

H.4.1 Contractor personnel will have access to CSOSA’s SMART data and CSOSA’s data library. All information included in SMART and CSOSA’s data library shall remain the property of CSOSA. Access to this information will no longer be available to Contractor personnel at the end of the performance period or sooner as may be requested by the COR.

H.4.2 Government information may not be distributed beyond the Contractor's project performers without CSOSA's prior written permission by the COR.

H.4.3 The COR identified in this purchase order will be the point of contact for identification of any required information to be supplied by CSOSA.

H.5 Confidentiality and Non-Disclosure Agreement. After cleared by CSOSA’s Office of Security and prior to the start of any work, cleared Contractor personnel (to include subcontractor personnel, teaming partner personnel, and independent consultants) performing under this award shall execute and submit Attachment J-5, Confidentiality and Non-Disclosure Agreement. All Contractor personnel must submit a completed Attachment J-5, Confidentiality and Non-Disclosure Agreement prior to the commencement of any work on this purchase order. Furthermore, Contractor personnel must submit a completed Attachment J-5, Confidentiality and Non-Disclosure Agreement whenever replacement personnel are proposed for the data conversion effort identified in section C. Any information provided by the Contractor (and any subcontractors if applicable) in the performance of this purchase order or obtained by the government is only to be used in the performance any work under this purchase order.

H.6 Confidentiality of Reports and Other Data. Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, nor personnel thereof, shall divulge to any third party any information concerning deliverables produced, work performed, results obtained, or any information provided by the Government in connection with this purchase order without the prior written approval of the Contracting Officer.

H.7 Review of Announcements or Publishing. Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, nor personnel thereof, shall make public releases of information or any matter pertaining to this purchase order, including, but not limited to, advertising in any medium, or presentation before technical, scientific, or industry groups, without the prior written approval of the Contracting Officer.

The provisions of this clause shall survive the expiration of this purchase order.

H.8 Data Safeguard and Disposal.

H.8.1 The Contractor shall safely store and protect from unauthorized disclosure and destruction, either direct or as a result of negligence, data collected during the duration of the purchase order. Within five days after completion of the purchase order period of performance, the Contractor shall purge all PII or sensitive data provided to the Contractor, including any backed-up data and any other PII or sensitive data held by the Contractor pursuant to this purchase order. The Contractor shall certify in writing the date information was deleted and method used for deletion. All PII or sensitive will be maintained, handled, disclosed, and disposed of in accordance with the Privacy Act of 1974, 5 U.S.C. 552a and Public Law 107-347 titled E-Government Act of 2002.

H.8.2 The Contractor will guarantee strict confidentiality of the information/data that is provided by the government during the performance of this purchase order. The government has determined that the information/data that the Contractor will be provided during the performance of this effort is of a sensitive nature and cannot be disclosed in any manner.

H.8.3 The Contractor, in whole or in part, can only make disclosure of the information/data, after the Contractor receives prior written approval from the Contracting Officer. Whenever the Contractor is uncertain regarding the proper handling of information/data under this effort, the Contractor will obtain a written determination from the Contracting Officer. Contractor personnel assigned to perform work must be acceptable to the government in terms of personal and professional conduct. If at any time during performance of this purchase order, Contractor personnel are deemed a security risk, the Contractor will be responsible for immediate removal and replacement with acceptable personnel. Upon removal or completion, the Contractor will immediately return any facility access materials/passes to the COR.

H.8.4 The Contractor agrees to assume responsibility for protecting the confidentiality of government records, which are not public information. Each Contractor, employee of the Contractor, or Contractor’s subcontractor or partner to whom information may be made available or disclosed will be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

H.8.5 The Contractor will keep the information confidential, use appropriate safeguards to maintain its security in accordance with minimum Federal standards. The Contractor must also explain and certify that its subcontractor(s) or partners will adhere to the same minimum Federal standards when working with sensitive data.

H.9 Disclosure of Information.

H.9.1 Any information made available to the Contractor by CSOSA shall be used only for the purpose of carrying out the provisions of this purchase order and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract.

H.9.2 In performance of this purchase order, the Contractor assumes responsibility for protection of the confidentiality of CSOSA and offender data/records and shall ensure that all work performed by its approved subcontractors shall be under the supervision of the Contractor.

H.9.3 Each officer or employee of the Contractor, or any of its approved subcontractors, to whom any CSOSA or offender data/record may be made available or disclosed shall 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. Further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the Contractor and 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.

H.10 Access to Sensitive Information.

H.10.1 Work under this purchase order may involve access to sensitive information* which shall not be disclosed by the Contractor unless authorized by the Contracting Officer. To protect sensitive information, the Contractor shall provide training to any Contractor employee authorized access to sensitive information and, upon request of CSOSA, provide information as to an individual’s suitability to have such authorization. Contractor employees found by CSOSA to be unsuitable, or whose employment is deemed contrary to the public interest or inconsistent with the best interest of national security, may be prevented from performing work under this contract when requested by the Contracting Officer.

H.10.2 The Contractor shall ensure that Contractor employees are citizens of the United States of America, or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status). The Contractor shall include the above requirements in any approved subcontract awarded involving access to CSOSA facilities, sensitive information, or resources.

*Sensitive Information is Personally Identifiable Information (PII), Personal Health Information (PHI), proprietary data or other information that, if subject to unauthorized access, modification, loss, or misuse, could adversely affect the national interest, conduct of Federal programs, or the privacy of individuals specified in the Privacy Act, but has not been specifically authorized to be kept secret in the interest of national defense or foreign policy under an Executive Order or Act of Congress.

H.11 Disclosure of Conflicts of Interest.

H.11.1 It is CSOSA policy not to allow Contractors to continue contract performance whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by CSOSA, or in organizations whose interests may be substantially affected by CSOSA activities.

H.11.2 Based on this policy:

H.11.2.1 The Contractor shall disclose as soon as reasonably possible any conflict of interest with respect to this contract, making an immediate and full disclosure in writing to the Contracting Officer. The disclosure shall include a description of the action which the Contractor has taken or proposes to take, to avoid or mitigate such conflict.

H.11.2.2 The Contracting Officer will review the disclosure and may require additional relevant information from the Contractor. If a conflict of interest is found to exist, the Contracting Officer may (a) terminate the award, or (b) determine that it is otherwise in the best interest of the United States to continue the contract performance and include appropriate provisions in the contract to mitigate or avoid such conflict.

H.11.3 Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by CSOSA, or with an organization whose interests may be substantially affected by CSOSA activities, and which is related to the contract. The interest(s) that require disclosure include those of any offeror, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of contract award. Key personnel shall include any person owning more than a 20 percent interest in the Contractor, and the Contractor's corporate officers, its senior managers, and any employee who is responsible for making a decision, or taking an action on this contract, where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

H.12 Contractor Personnel Conduct.

H.12.1 Contractor’s employees shall comply with all applicable government regulations, policies, and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, and possession of weapons) when visiting or working at government facilities.

H.12.2 Contractor personnel shall maintain satisfactory standards of employee competency, conduct, appearance, and integrity, as described, and shall take such disciplinary action against its employee as may be necessary. All Contractors are expected to adhere to standards of conduct that reflect credit on themselves, their employee, CSOSA, and the Government.

H.12.3 The Contractor shall ensure Contractor employees understand and abide by CSOSA established rules, regulations and policies concerning safety and security.

H.12.4 Contractor personnel working on-site at Government facilities shall wear a Government issued identification badge. All Contractor personnel shall identify themselves as contractors when their status is not readily apparent.

H.12.5 Contractor personnel performing work on-site at any CSOSA location shall not consume any controlled substances as defined in schedules I through V of section 202 of the Controlled Substances Act, 21, U.S.C. 812. If on medication, the Contractor personnel shall be fully capable of performing the requirements of the statement of work.

H.12.6 The Government may, at its sole discretion, direct the contractor to remove any contractor personnel from CSOSA facilities for poor performance, misconduct, or security reasons.

H.12.7 Contractor employees/personnel are defined as being anyone or agent working for the Contractor, whether as an employee, independent contractor, or subcontractor, in the performance of the work included in this award.

H.13 Non-Personal Services.

H.13.1 Pursuant to FAR 37.1, no personal services shall be performed under this purchase order. No Contractor employees will be directly supervised by the government. 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 shall promptly notify the Contracting Officer of this communication or action.

H.13.2 Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this purchase order. No Contractor employee shall hold him or herself out to be a government employee, agent, or representative. No Contractor employee shall 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 this purchase order, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work.

H.14 Insurance.

H.14.1 General Requirements.

H.14.1.1 The Contractor, at its sole expense, shall procure and maintain, during the entire period of performance under this purchase order, the types of insurance specified below and shall immediately notify CSOSA if any insurance policy lapses or changes. Within 7 days of purchase order award and at the beginning of each subsequent option period, the Contractor shall have its insurance broker or insurance company submit a Certificate of Insurance to the Contracting Officer giving evidence of the required coverage prior to commencing performance under this purchase order.

H.14.1.2 In no event shall any work be performed until the required Certificates of Insurance signed by an authorized representative of the insurer(s) have been provided to, and accepted by, the Contracting Officer. All insurance shall be written with financially responsible companies authorized to do business in the District of Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best Company rating of A- / VII or higher. The Contractor shall require all its approved subcontractors to carry the same insurance required herein. All required policies shall contain a waiver of subrogation provision in favor of the Government of the United States and/or CSOSA.

H.14.1.3 The Government shall be included in all policies required hereunder to be maintained by the Contractor and its approved subcontractors (except for workers’ compensation and professional liability insurance) as an additional insureds for claims against CSOSA or The United States relating to this purchase order, with the understanding that any affirmative obligation imposed upon the insured Contractor or its approved subcontractors (including without limitation the liability to pay premiums) shall be the sole obligation of the Contractor or its approved subcontractors, and not the additional insured. All of the Contractor’s and its approved subcontractors’ liability policies (except for workers’ compensation and professional liability insurance) shall indicate that such policies provide primary coverage (without any right of contribution by any other insurance, reinsurance or self-insurance, including any deductible or retention, maintained by an Additional Insured) for all claims against the additional insured arising out of the performance of this purchase order by the Contractor or its approved subcontractors, or anyone for whom the Contractor or its approved subcontractors may be liable. If the Contractor and/or its approved subcontractors maintain broader coverage and/or higher limits than the minimums shown below, CSOSA requires, and shall be entitled to, the broader coverage and/or the higher limits maintained by the Contractor and its approved subcontractors.

H.14.2 The following insurance coverage and minimum amounts are required to be maintained by the Contractor in the performance of all work including in this purchase order.

H.14.2.1 Commercial General Liability Insurance (“CGL”) - $1,000,000.00 per occurrence and $2,000,000.00 in the annual aggregate.

H.14.2.2 Commercial Umbrella Liability. $5,000,000.00 per occurrence and $5,000,000.00 in the annual aggregate. Such Umbrella Liability policy shall be written on a "follow-form" basis and shall apply as excess insurance over the underlying Commercial General Liability (H.12.2.1), Cyber Liability Insurance (H.12.2.5), and Technology Errors & Omissions / Professional Liability Insurance (H.12.2.7) policies required herein.

H.14.2.3 Employment Practices Liability. $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

H.14.2.4 Workers Compensation and Employers Liability.

• The Contractor shall provide Workers’ Compensation insurance in accordance with the statutory mandates of the District of Columbia, or the jurisdiction in which any work ordered under the purchase order is performed.

• Employer’s Liability. $500,000.00 per occurrence and $1,000,000.00 in the annual aggregate.

H.14.2.5 Cyber Liability Insurance - $5,000,000.00 per occurrence or claim, $5,000,000.00 aggregate.

H.14.2.6 Technology Errors & Omissions / Professional Liability Insurance - $2,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

H.14.2.7 Sexual/Physical Abuse & Molestation. $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

H.15 Indemnification.

H.15.1 The Contractor agrees for itself, its employees, and approved subcontractors to save, defend, hold harmless and indemnify the Government and all of its elected and appointed officials, officers, current and former employees, agents, departments, agencies, boards, and commissions (collectively the "Government") from and against any and all claims made by third parties or by the Government for any and all losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, demands or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor's acts or omissions, including the acts or omissions of its employees and/or approved subcontractors, in performance or nonperformance of its work called for by the contract.

H.15.2 The Contractor shall:

H.15.2.1 Promptly notify the Contracting Officer of any claim or action against, or any loss by, the Contractor or any approved subcontractors that may reasonably be expected to involve indemnification under this clause;

H.15.2.2 Immediately furnish to the Contracting Officer copies of all pertinent papers of the Contractor that pertain to any indemnification matter;

H.15.2.3 Furnish evidence or proof of any claim, loss, or damage covered by this clause in the manner and form the Contracting Officer requires; and

H.15.2.4 Comply with the Contracting Officer’s directions and execute any authorizations required in connection with settlement or defense of claims or actions.

H.15.3 The Government may direct, control, or assist in settling or defending any claim or action that may involve indemnification under this clause.

H.15.4 This indemnification shall survive the termination of this purchase order.

H.15.5 Hold Harmless and Indemnification Agreement. The Contractor shall be solely liable for, and expressly agrees to indemnify the Government, with respect to any liability-producing acts or omissions by its employees or agents. Specifically, the Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature, for injury to or death of any person or persons and for loss or damage to any Contractor equipment or property or property owned by a third party occurring in connection with, or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

H.15.6 Government Liability. The Government shall not be liable for any injury or damages to Contractor or subcontractor personnel, or damage to Contractor or subcontractor equipment or property resulting from the delivery of services required under this purchase order, unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

H.16 Period of Claim. Notwithstanding the claim period stated in FAR 52.212-4(d),…