Solicitation 9594CS26Q0075.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

OBI260042 1 of 32

9594CS26Q0075

Matthew Collins 202-369-7635

See Section F Same as Block 9

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

See Continuation Pages

624229

$19M

08/20/2026

See Section L

Court Services and Offender Supervision Agency Office of Procurement 800 North Capitol Street, NW Washington, DC 20002-4260

Supportive Housing Services (Up to 180 Days) Solicitation 9594CS26Q0075

Continuation of SF1449

Line Item Description Quantity* Unit Unit Price* NTE Amount*

0001 Base Period: Supportive Housing 5,840 Day $ $ 0002 Base Period: Supportive Housing - Surge 5,840 Day $ $

Base Period Not-to-Exceed (NTE) Amount $

1001 Option Period 1: Supportive Housing 5,856 Day $ $ 1002 Option Period 1: Supportive Housing - Surge 5,856 Day $ $

Option Period 1 NTE Amount $

2001 Option Period 2: Supportive Housing 5,840 Day $ $ 2002 Option Period 2: Supportive Housing - Surge 5,840 Day $ $

Option Period 2 NTE Amount $

3001 Option Period 3: Supportive Housing 5,840 Day $ $ 3002 Option Period 3: Supportive Housing - Surge 5,840 Day $ $

Option Period 3 NTE Amount $

4001 Option Period 3: Supportive Housing 5,840 Day $ $ 4002 Option Period 3: Supportive Housing- Surge 5,840 Day $ $

Option Period 4 NTE Amount $

Total Amount (Base Period and All Option Periods) $

*Unit prices and not-to-exceed (NTE) amount will be completed at award with the successful quote prices.

Price quotes shall be submitted on Attachment J-18, Solicitation Price Sheet.

*The “Quantity” in the above schedule is the maximum days of service which is based on up to 16 offenders per day times the number of days in the period of performance. Option Period 1 is a Leap Years with 366 days (6 x 366 = 5,856), and the Base Period and Option Periods 2, 3, and 4 are regular years with 365 days (6 x 365 = 5,840). This is an estimate, and the Government does not guarantee any minimum quantity of offenders per day or days of service, during the period of performance. The Contractor will only be reimbursed for the actual days of service provided.

Section B - Supplies or Services and Prices/Costs

B.1 Services. The Contractor shall provide all services required for all contract line items (CLINs) included in this award in accordance with Section C Statement of Work.

B.2 Type of Contract. This is a purchase order with firm-fixed unit rates. Not-to-Exceed quantities are based on anticipated estimates.

B.3 North American Industry Classification System (NAICS) and Small Business Size Standard The NAICS Code for this acquisition is 624229 Other Community Housing Services, and the small business size standard is $19M.

B.4 Guaranteed Minimum. The Government will guarantee, at a minimum, the value of one Supportive Housing placement during the life of the awarded purchase order.

B.5 Contract Funding. The Contractor is not authorized to exceed the obligated value on this purchase order.

B.6 This award includes FAR 52.217-8, Option to Extend Services in Section I. As authorized by this clause, the Government has the unilateral right to exercise up to six additional months of performance at the same price as the price awarded for the last effective period of performance. The option period authorized by FAR 52.217-8 was evaluated at the time of award.

Section C – Description/Specifications/Statement of Work

The Statement of Work for the services required under this award is included as Attachment J-1, Section C, Statement of Work, Supportive Housing Services.

Section D – Packaging and Marking

Deliverables. The Contractor shall provide all written deliverables in electronic format with read/write capability using Microsoft WORD 2010 format, or other than text files any other application compatible with software included Microsoft Office Suite applications. Font type of Times New Roman with a font size of 12 shall be used 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), section E.2 below, section E.3 below, and per Attachment J-1, Statement of Work, section C.7.9

E.2 Inspection and Acceptance. The CSOSA Contracting Officer’s Representative (COR) shall be responsible for performing the inspection of all services rendered under this contract.

E.3 General. Inspection of services furnished hereunder shall be performed at the Contractor’s building by the Contracting Officer or the COR, with support, as deemed necessary, from other CSOSA components.

Section F – Deliveries and Performance

F.1 Period of Performance. The period of performance for this purchase order is as follows:

Base Period – To be determined upon Award Option Period 1 – 12 months after the award Option Period 2 – 12 months after the exercise of Option Period 1 Option Period 3 – 12 months after the exercise of Option Period 2 Option Period 4 - 12 months after the exercise of Option Period 3 FAR 52.217-8 – If exercised, no more than six months from end of last awarded option period

F.2 Place of Performance. The Contractor will perform the work under this purchase order at the Contractor’s facility.

F.3 Deliverables. The deliverables under this award shall be provided in accordance with all the requirements identified in Section C and, when applicable, Section D.

Deliverable/Notification/Report SOW Reference Pre-Admission Suitability Decision C.4.2 Admission/No Show Notification C.5.1.2 Non-Admission Decisions C.5.1.4 Independent Living Plan C.5.1.7 Staffings C.5.2.5 Progress Notes C.5.2.6 Confirmation of Daily Residence C.5.2.8 Discharge Staffing C 5.3.1 Discharge Plan C.5.3.2 Discharge for Non-compliance Issues or Voluntary Program Withdrawal (Non-Compliance Behavior Report)

C.5.3.4

Closed Offender Case Management File C.5.4.1.3 Major Unusual Incidents C.5.4.2.1 Monthly Program Activity Report C.5.4.2.2 Key Personnel Staffing List C.6.2 Holiday Protocol Plan C.7.6 Continuity of Operations Plan (COOP) C.7.11 Contractor’s Quality Assurance Protocol C.7.13 Audit Reports C.7.14.4 Post-Award Meeting Report C.7.15

F.4 Notice of Contractor Delays. In the event the Contractor encounters, or anticipates encountering, difficulty in meeting performance requirements, or in complying with the award 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 (1) 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 award.

Section G – Contract Administration Data

G.1 Contracting Officer’s Representative.

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

Name of COR - TBD at award Court Services and Offender Supervision Agency (CSOSA) Office of Behavioral Intervention 633 Indiana Ave, NW Washington, DC 20004 Telephone Number: TBD at award Email Address: TBD at award

G.1.2 The COR is responsible for the technical aspects of the award 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 award.

G.1.3 The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the award 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 award. 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 award 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 award, or to modify any term or condition of this award. The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed award can be incurred before receipt of a fully executed award, which includes any subsequent modifications to the award 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 award. 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 award, shall constitute a change under the terms for changes included in FAR 52.212-4 of this award.

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

Elijah Anderson Office of Procurement Court Services and Offender Supervision Agency (CSOSA) 800 North Capitol Street, NW Washington, DC 20002-4260 Phone: (202) 220.5795 (o) / (202) 352.0537 (m) 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.1 above.

G.3.2.2 “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation.

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 GSAR 552.212-4, 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. The Contractor shall provide invoices on a monthly basis in accordance with the following:

G.3.5.1 Invoices submitted in IPP.

G.3.5.1.1 Shall be submitted with a unique invoice number on a monthly basis. The Contractor shall not submit any invoice for a subsequent month of services prior to the previous month submitted invoice being approved.

G.3.5.1.2 In addition to providing the information required by IPP, the Contractor shall include in IPP as an attachment(s) to the specific payment request the following:

1. Contractor’s Contact Information:

• Name of point of contact;

• Contractor’s mailing address;

• Contractor phone number.

2. CSOSA’s Billing Information, i.e.:

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

3. Unique Invoice Number and date of invoice that matches the entry in IPP.

4. CSOSA Contract / Purchase Order Number.

5. CSOSA Contract Line Item Number (CLIN) or item number and description as it appears on the purchase order, including the total extend price billed.

6. Dates service was performed.

7. Provide a table showing the header below and complete each column for the services performed in the period invoiced:

PDID Admission Date

Discharge Status

Discharge Date Quantity Unit

Price Amount

000000 10/02/2023 Discharged 10/02/2023 2 $100.00 $200

Note: Invoices shall not contain any personally identifiable information of offenders/patients (name, SSN, etc.). The Contractor shall only use offender/patient PDIDs (or CSOSA assigned ID numbers) to identify the offenders/patients associated with an invoice.

G.3.5.2 Invoices submitted to CSOSA.

G.3.5.2.1 In conjunction with submitting an invoice in IPP, the Contractor shall submit an invoice that mirrors the submitted invoice in IPP except the header of the CSOSA submitted invoice shall include an additional column for the name of the offender that received the invoice services as shown below:

Name PDID Admission Date

Discharge Status

Discharge Date Quantity Unit

Price Amount

John Doe 000000 10/02/2023 Discharged 10/002/2023 2 $100.00 $200

All other information included in the IPP submitted invoice shall be the same in the CSOSA submitted invoice.

mailto:IPPCustomerSupport@fiscal.treasury.gov

G.3.5.2.2 The CSOSA invoice(s) shall be submitted as follows:

• An encrypted/password protected email providing a copy of each invoice for the billing period to the COR and to the following CSOSA invoice mailbox: invoices.mailbox@csosa.gov .

• A separate email to the COR and to invoices.mailbox@csosa.gov that provides the password for the encrypted/password protected email that includes any submitted CSOSA invoices.

The contractor must provide the password for replica invoices in a separate email and not in the same email as the replica invoice.

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 Contract Requirements

H.1 Security Requirements.

H.1.1 Personnel Security. The Contractor agrees to adhere to all regulations prescribed by the Government in regard to the safety and security of staff and Clients. All Contractor personnel (employees and approved subcontractors) utilized under this award 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 award until the background checks are conducted and approved by the CSOSA Office of Security.

mailto:invoices.mailbox@csosa.gov mailto:invoices.mailbox@csosa.gov mailto:Rolanda.White@csosa.gov

H.1.2 CSOSA Background Checks.

H.1.2.1 Once the award has been awarded, the Contractor will provide the COR with completed and signed security forms for Contractor and subcontractor personnel. The forms to be completed are:

• CSOSA Security Form for Temporary Contractors (Form # CSOSA-SEC-0010) (Attachment J-11);

• CSOSA Credit Release (Attachment J-12); and

H.1.2.2 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 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 award.

H.1.2.3 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.1.2.4 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.1.3 If an individual is terminated, resigns, or for any other reason is no longer working on the award, 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 award. 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.1.4 Any individual who has been removed from performance under the award may be required to undergo another CSOSA background check before resuming work.

H.1.5 Both the Contracting Officer and the COR shall ensure that all Contractor and approved subcontractor employees who provide services under this award have been approved by the CSOSA Office of Security.

H.1.6 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 award must report the loss or misplacement of agency identification immediately to the CSOSA Office of Security.

H.1.7 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 award. The final adjudicative determination will be made at the sole discretion of CSOSA.

H.1.8 Security and Privacy - Personally Identifiable Information (PII), Personal Health Information (PHI), or Sensitive Information Storage and Handling

H.1.9 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.1.10 Information Security and Privacy Training.

H.1.10.1 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.1.10.2 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.1.10.3 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 award 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 award. 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 award or obtained by the Government is only to be used in the performance of any work under this award.

H.2 Key Personnel.

H.2.1. All personnel assigned to the labor categories identified below are considered essential to the work being performed under this award and therefore, are considered key personnel:

• Program Director

• Case Manager

• Residential Monitor

H.2.2. The Contractor shall ensure that its staff maintains any required professional certifications, accreditations, and proficiencies relative to their areas of expertise. CSOSA is not responsible for paying any expenses incurred by the Contractor or by individual Contractor personnel to meet professional certification requirements.

H.2.3. Key personnel may, with the consent of the contracting parties, be changed from time to time during the course of the performance of this award by adding or deleting personnel, as appropriate, in order to provide sufficient personnel possessing the education, training and experience necessary to perform the services required by this award.

H.2.4. If one or more of the key personnel, for any reason, becomes, or is expected to become, unavailable for work under this award for a continuous period exceeding thirty (30) work days, or is expected to devote substantially less effort to the work than indicated in the proposal/quote or initially anticipated, the Contractor will promptly notify the Contracting Officer and the COR and will, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications. All Contractor personnel will be required to receive approval from the COR through resume submission. CSOSA reserves the right to accept or reject any or all of the candidates.

H.2.5. Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this award. The Contractor shall not remove or replace personnel until the Contractor provides the Contracting Officer with advance notice of the proposed change and the Contracting Officer determines there is no negative impact by the proposed change.

H.3 Confidentiality and Non-Disclosure Agreement. 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 award 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 Attachment J-13, Confidentiality and Non-Disclosure Agreement. All Contractor personnel must submit a completed Attachment J-13, Confidentiality and Non-Disclosure Agreement prior to the commencement of any work on this award Furthermore, Contractor personnel must submit a completed Attachment J-13, Confidentiality and Non-Disclosure Agreement whenever replacement personnel are proposed. Any information provided by the Contractor (and any subcontractors if applicable) in the performance of this award or obtained by the government is only to be used in the performance of any work under this award.

H.4 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 award without the prior written approval of the Contracting Officer.

H.5 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 award, 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 award.

H.6 Data Safeguard and Disposal.

H.6.1 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 award. Within five days after completion of the award 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 award. 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.6.2 The Contractor will guarantee strict confidentiality of the information/data that is provided by the government during the performance of this award. 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.6.3 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 with regard to 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 award, 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.6.4 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.6.5 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.7 Non-Personal Services.

H.7.1 Pursuant to FAR 37.1, no personal services shall be performed under this award. 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.7.2 Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this award. 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 award, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work.

H.8 Period of Claim. Notwithstanding the claim period stated in FAR 52.212-4(d), Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the Contractor agrees to submit any claim related to this award within 12 months after accrual of the claim.

H.9 Insurance.

H.9.1 General Requirements.

H.9.1.1 In addition to the insurance required by FAR 52.237.7, Indemnification and Medical Liability Insurance, incorporated by reference in this purchase order under section I.2, 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 5 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.9.1.2 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 of 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.9.1.3 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.

H.9.2 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.9.2.1 Commercial General Liability (“CGL”). $1,000,000.00 per occurrence and $2,000,000.00 in the annual aggregate.

H.9.2.2 Employer’s Liability. $1,000,000.00 per occurrence and $2,000,000.00 in the annual aggregate.

H.9.2.3 Employment Practices Liability. $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

H.9.2.4 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.

H.9.2.5 Sexual/Physical Abuse & Molestation. $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

H.9.2.6 Automobile Liability Insurance (all owned, hired, borrowed, and non-owned vehicles).

$1,000,000 per occurrence combined single limit for bodily injury and property damage.

H.9.2.7 Medical Malpractice Liability Insurance. $1,000,000.00 per occurrence and $3,000,000.00 in annual aggregate.

H.10 Indemnification.

H.10.1 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.10.2 The Contractor shall:

H.10.2.1 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.10.2.2 Immediately furnish to the Contracting Officer copies of all pertinent papers of the Contractor that pertain to any indemnification matter;

H.10.2.3 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.10.2.4 Comply with the Contracting Officer's directions and execute any authorizations required in connection with settlement or defense of claims or actions.

H.10.3 The Government may direct, control, or assist in settling or defending any claim or action that may involve indemnification under this clause.

H.10.4 This indemnification shall survive the termination of this contract.

H.10.5 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.10.6 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 award, 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.11 Disclosure of Information.

H.11.1 Any information made available to the Contractor by CSOSA shall be used only for the purpose of carrying out the provisions of this award and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this award.

H.11.2 In performance of this award, 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.11.3 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.12 Disclosure of Conflicts of Interest.

H.12.1 It is CSOSA policy not to allow Contractors to continue performance under this award 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. Based on this policy:

H.12.1.1 The Contractor shall disclose as soon as reasonably possible any conflict of interest with respect to this award, 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.12.1.2 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 performance under this award and include appropriate provisions in the award to mitigate or avoid such conflict.

H.12.2 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 this award. 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 this 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 award, where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

H.13 Access to Sensitive Information.

H.13.1 Work under this award 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 award when requested by the Contracting Officer.

H.13.2 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.14 CSOSA Contractor Information Security Requirements.

H.14.1 The Contractor shall implement an information security program for the secure storage of all offender records which are created, stored, or transmitted in an electronic format. The Contractor’s information security program shall be in compliance with “Confidentiality of Alcohol and Drug Abuse Patient Records” 42 C.F.R. Part 2, and local and federal laws and regulations regarding the confidentiality of offender records to include, but not be limited to, the Health Insurance Portability and Accountability Act (HIPAA) 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subpart C. All electronic files shall be properly stored, protected, and maintained in accordance with applicable local, state, and federal law, including HIPPA and Certified Clinical Health Information Technology (CCHIT).

H.14.2 The term “personally identifiable information” or PII 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.

H.14.3 Data Security: Loss or Disclosure of Personally Identifiable Information (PII) –Notification of Data Breach. By acceptance of, or performance on, this award, 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 the COR and the Contracting Officer.

H.14.4 Transmission of PII (Personally Identifiable Information) and PHI (Protected Health Information. Documents and email attachments that contain CSOSA PII or CSOSA PHI must be encrypted with a password and utilize Advanced Encryption Standard (AES) 256-level encryption. To transmit encrypted documents and email attachments to CSOSA, inform the CSOSA recipient that the document or email attachment is password-protected and the password will be provided separately. Do not include the password in the same email containing the password-protected document or attachment.

Provide the password to the CSOSA recipient in a telephone call, or in a separate email.

H.15 Anti-Harassment Policy. CSOSA is committed to creating and maintaining a work environment free from harassment of any type, and we expect the same from CSOSA Contractors. Therefore, Contractor shall show a commitment to:

H.15.1 Communicating that harassing behavior of any type is not to be tolerated by its management, employees, subcontractors, and residents.

H.15.2 Fostering a work and living environment free from harassment by ensuring that appropriate officials are notified of, and have the opportunity to correct, harassing behavior promptly.

H.15.3 Addressing harassing behavior and holding management, employees, subcontractors, and residents accountable at the earliest possible stage.

H.15.4 Ensuring there is an appropriate process of reporting and investigating any alleged harassment of any kind.

H.16 Records Management.

H.16.1 The Contractor must manage Federal records in accordance with applicable records management laws and regulations, including, but not limited to, the Federal Records Act 44 U.S.C.

Chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); and 36 CFR Part 1222 and Part 1228.

H.16.2 The Contractor shall treat all deliverables under the purchase order as the property of the U.S.

Government for which CSOSA shall have unlimited rights to inspect, use, dispose of, or disclose such data contained therein as it determines to be in CSOSA’s or…