Solicitation 959P0024Q0008 Strategic Planning Mgmt 3 day Conference.pdf
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- Solicitation number
- 959P0024Q0008
- Issued by
-
Pretrial Services Agency
About this file
This document is a Request for Quotation (RFQ) for a three (3) day off-site Strategic Planning Management Conference hosted by the Pretrial Services Agency (PSA) for the District of Columbia. PSA is seeking to acquire a venue within a 15-mile radius of its office location in Washington, DC that is within 0.5 miles walking distance of public transportation. The conference will be held on three consecutive days from Wednesday, August 21st through Friday, August 23rd, 2024. Wednesday and Thursday sessions are from 7:00 AM to 6:00 PM, and Friday is from 7:00 AM to 1:00 PM. Approximately 110 participants are expected to attend. Vendors must provide a firm fixed price quote that includes all accommodations and services listed in the Statement of Work. Quotes are due by 1:00 PM EST on May 31, 2024 and should be submitted electronically. The Government will evaluate quotes based on technical capabilities, past performance, and price.
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REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY 6. DELIVER BY (Date)
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
NAME TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANYa. NAME
c. STREET ADDRESS
d. CITY e. STATE f. ZIP CODE
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
c. CITY
d. STATE e. ZIP CODE
7. DELIVERY
FOB DESTINATION
OTHER
(See Schedule)
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFICE IN BLOCK 5a ON OR
BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS
b. 20 CALENDAR DAYS
c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
b. TELEPHONE
AREA CODE
NUMBER
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
Contractor to provide a venue to host a three (3) day off-site Strategic Planning Management Conference within a 15-mile radius (DC, Maryland, or Virginia) of PSA’s office located at 633 Indiana Avenue, NW, Washington, DC. Venues must be within 0.5 miles walking distance from public transportation (Metrorail station, bus, etc.) to perform this requirement.
The Conference must occur on three (3) consecutive days; Wednesday, August 21st through Friday, August 23rd, 2024.
Note: Wednesday & Thursdays Time: 7:00 AM to 6 PM and Friday Time: 7:00 AM to 1 PM.
Approximately 110 participants will be attendance.
See Attachment# A - Statement of Work (SOW).
Quote due date: May 31, 2024 by 1 PM (EST).
May 10, 2024
(EST)
959P0024Q0008
TABLE OF CONTENTS:
Listing of Incorporated Purchase Requisitions Section B - Supplies or Services and Prices/Costs Section C - Description/Specifications/Work Statement Section D - Packaging and Marking Section E - Inspection and Acceptance Terms Section F - Delivery or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions and Notices to Offerors Section M - Evaluation Factors for Award
Listing of Incorporated Purchase Requisitions
Incorporated Purchase Requisition Numbers:
Section B - Supplies or Services and Prices/Costs
Item Number
Base Item Number
Supplies/Services Quantity Unit
0001 PSA Strategic Planning Management 3-day Conference
Service
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Price must be all inclusive to all services for the 3-day conference; including price for meeting spaces/room(s); the rooms/set up shall be available for all three (3) days; all audio-visual equipment/services, gratuity, use of onsite business center, parking, and any other services per statement of work (SOW). Provide a per day price including the total price for all 3-days (of service). See statement of work.
Note: Price Breakdown – The price breakdown shall justify the contractor's firm fixed Quote price for this requirement.
Purchase Requisitions
IDC Type: Not Applicable
About PSA
The Pretrial Services Agency for the District of Columbia (PSA) is a Federal Independent Entity within the Court Services and Offender Supervision Agency (CSOSA). PSA has served the Nation's Capitol for more than 45 years. The Agency assists Judicial Officers in both the Superior Court for the District of Columbia and the United States District Court for the District of Columbia in formulating release recommendations and providing supervision and services to Defendants awaiting trial, to reasonably assure those on conditional release return to court do not engage in criminal activity. PSA has been a leader in the D.C. criminal justice system and recognized nationally for its pretrial drug testing and innovative supervision and treatment programs.
In support of its mission, PSA has a requirement for the supplies or services identified within this Section and further described in Section C (see Attachment#A -Statement of Work (SOW). Unless otherwise specifically stated elsewhere in this document, the contractor is to provide all supplies, equipment, tools, transportation, labor, supervision, and other items as deemed necessary to provide the supplies or services identified.
Section C - Description/Specifications/Work Statement
Section C - Statement of Work
See Attachment# A - Statement of Work (SOW) for PSA Strategic Planning Management 3-day Conference
Section D - Packaging and Marking
Section D- Packing & Marking: Not Applicable
Section E - Inspection and Acceptance Terms
Supplies/Services will be inspected/accepted at:
Line Number Inspect At Inspect By Accept At 0001 Destination Government Destination
Quality Assurance: A Quality Assurance Surveillance Plan (QASP) will be incorporated into the contract. The Government will evaluate the Contractor's performance under this contract using the method of surveillance deemed appropriate. If the Contracting Officer and/or Contracting Officer's Representative reveals contract terms and/or conditions are not being met, the discrepancy will be brought to the attention of the Contractor for correction.
If the Contractor fails to correct any deficiencies under the contract, the Government shall have the right to (1) require the Contractor to immediately take all the necessary steps to ensure performance of the service in conformity with the requirements of the contract, and (2) reduce the monthly fee payable under the contract by the amount to reflect the reduced value at the services performed, or (3) have the necessary work accomplished by the Government forces or other means, and reduce the Contractor's payment in the amount of the expenses incurred.
Section E- Inspection and Acceptance
E.1 Inspection and acceptance of products shall be performed at place of performance or destination, by the COR. The COR will inspect/accept services to assure the services conform in all respects to the statement of work (SOW) of the Solicitation.
The contractor will be notified by the Contracting Officer of services that are found not to be in conformance with contractual specifications.
E.2 QUALITY ASSURANCE SURVEILLANCE PLAN (See Section 9.0 in SOW):
A. Background: The quality assurance surveillance plan (QASP) describes how PSA will monitor and evaluate contractor performance. This QASP describes in more detail how services will be evaluated and the consequences of performance below requirements. Contractor performance will be evaluated by PSA staff and participants attending the conference.
B. Purpose: The QASP describes the general level of performance that will be acceptable for each type of service listed in the solicitation.
C. Acceptable Quality Levels and how performance will be measured:
Contract Service Area / Deliverable
Acceptable Quality
Level (AQL)
Method of Measuring
Quality/Monitoring
Method
Incentive/Price
Reduction
1. Provide floor layout of the meeting space(s) with proposal. Any changes after award must be approved by the PSA's Contracting Officer
Deadline met Adherence to floor layout submission date
Positive/Negative Performance Evaluation
2. Conduct a kick-off meeting within five (5) business days after receipt of award (to review requirements and discuss logistics
Deadline met;
Contractor(s) facilitates meeting
Meeting submittal date;
evaluation of the quality and content of the meeting by Program Director or Account Manager
Positive/Negative
Performance
Evaluation
3. Provide a state-of-the-art meeting space(s).
Deadline met;
facilitates, as scheduled
Faculty feedback Positive/Negative Performance Evaluation
4. Provide quality customer service commensurate of a three out of five stars or higher quality rating
Deliver each residential training event with no more than 3 participant complaints per event
Customer feedback and program evaluations
Positive/Negative Performance Evaluation
Line Item: 0001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address
CSP Location 633 Indiana Ave NW Washington DC
US 20004
Section G - Contract Administration Data
Requesting Office Address PSA Pretrial Services Agency 633 Indiana Ave, NW Suite 1134 Washington DC 20004 Phone: Fax:
Contact Details:
Property Administration Office Address PSA Pretrial Services Agency 633 Indiana Ave, NW Suite 1134 Washington DC 20004 Phone: Fax:
Contact Details:
COR Office Address PSA Pretrial Services Agency 633 Indiana Ave, NW Suite 1134 Washington DC 20004 Phone: Fax:
Contact Details:
Issuing Office Address PSA Pretrial Services Agency 633 Indiana Ave, NW Suite 1134 Washington DC 20004 Phone: Fax:
Section F - Delivery or Performance
Contact Details:
Payment Office Address PSA Pretrial Services Agency 633 Indiana Ave, NW Suite 1134 Washington DC 20004 Phone: Fax:
Contact Details:
Commitment of Public Funds The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition. Any other commitment made, either explicit or implied, is invalid.
Invoice - Electronic Invoicing & Payment Requirement IPP-001 Invoice Processing Platform (IPP) - Electronic Invoicing and Payment Requirement -
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP) system using the "Bill to Agency" of Interior Business Center - FMD.
"Payment request" means any request for contract financing payment or invoice payment by the Contractor.
To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve prior to the contract award date, but no more than 3 - 5 business days of the contract award date.
Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Custom Clause)
SECTION G. – CONTRACT ADMINISTRATION
G.1 Contracting Officer (CO) Authority: The CO is the only person authorized to approve changes to the terms and conditions of the Contract. In the event the Contractor effects any changes at the direction of any person other than the CO, the changes will be considered unauthorized, and no adjustment will be made in the Contract price to cover increases in the costs incurred as a result thereof. The CO shall be the only individual authorized to modify any terms or conditions of the Contract. The CO is the only individual who can legally obligate Government funds. No cost chargeable to the Contract can be incurred before receipt of a fully executed Contract, which includes any subsequent Contract modifications or other specific written authorization from the CO.
Contracting Officer: Tamara Brown
Pretrial Services Agency (PSA)
633 Indiana Avenue, NW
Washington, DC 20004
Office No.: 202-220-5657
Email: tamara.brown@psa.gov
Contract Specialist: Goria Robertson
PSA - 633 Indiana Avenue, NW
Washington, DC 20004
Office No.: 202-220-5531
Email: gloria.robertson@psa.go
G.2 CONTRACTINGOFFICER'SREPRESENTATIVE(COR):
The responsibilities and limitations of the COR are as follows:
The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor.
The COR is also responsible for the final inspection and acceptance of all equipment, services, reports, and such other responsibilities as may be specified in this task order. The COR is not authorized to make any commitments or otherwise obligate PSA or authorize any changes, which affect the task order price, terms or conditions.
Any request for changes by the Contactor must be referred to the Contract Specialist or Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer.
If the Contractor performs a service that alters the current cost, quantity, or scope without prior written approval from the CO, the Contractor does so at his/her own risk.
The Contractor will receive a copy of the appointment letter outlining the roles and responsibilities of the COR. Contracting Officer's Representative (COR):
Malaika Willilams
PSA - 633 Indiana Avenue NW
Washington, DC 20004
Office No.:202-220-5643
Email: Malaika.williams@psa.gov
Section H - Special Contract Requirements mailto:tamara.brown@psa.gov
PSA224-72 Records Management (JUN 2017) PSA224-72 Records Management (JUN 2017)
A. Applicability
This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
B. Definitions
"Federal record" as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal record:
1. includesPretrial Services Agency for the District of Columbia (PSA) records.
2. does not include personal materials.
3. applies to records created, received, or maintained by Contractors pursuant to their PSA contract.
4. may include deliverables and documentation associated with deliverables.
C. Requirements
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. PSA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of PSA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to PSA. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government's behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to PSA control or the Contractor must hold it until otherwise directed.
Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and PSA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with PSA policy.
8. The Contractor shall not create or maintain any records containing any non-public PSA information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. The PSA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which PSA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take PSA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
D. Flowdown of requirements to subcontractors
1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.
2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
PSA233-70 PSA Protest Procedures (Sept 2013)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation may be filed directly with the agency or the Government Accountability Office (GAO). Protests that are filed directly with an agency, and copies of any protests that are filed with GAO, shall be served on the Contracting Officer by obtaining written and dated acknowledgement of receipt from the Contracting Officer.
(b) An interested party who files a protest with the agency has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Head of Contracting Activity (HCA) for the Pretrial Services Agency for the District of Columbia (PSA). The protest must clearly indicate the official to whom it is directed.
(c) If the protest is directed to the HCA, a copy must be sent to the Contracting Officer at the same time the protest is filed with the HCA. The address of the HCA is:
Tamara Brown
Head of Contracting Activity
Pretrial Services Agency for the District of Columbia 633 Indiana Avenue, NW, Suite 1102 Washington, DC 20004-2908
PSA204-70 Announcement of Contract Award (SEP 2013) PSA complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards.
These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded.
Section H- Special Requirements H.1 REQUIRED SUBMITTALS: Offerors must provide all the required documents as referenced in the statement of work (SOW) and in this solicitation (including Sections H.1, H.2 and H.3).
The submittal must be submitted with the quote on or by 1 PM (EST) May 31, 2024.
Description Due Date
FACTOR 1: Technical Capabilities –
(A) the Venue: The Offeror must provide a narrative clearly explaining they can provide a venue to host a three (3) day off-site Strategic Planning Management Conference within a 15-mile radius (DC, Maryland, or Virginia) of PSA's office located at 633 Indiana Avenue, NW, Washington, DC. Venues must be within 0.5 miles walking distance from public transportation (Metrorail station, bus, etc.) to perform this requirement (including photos of the facility and the meeting spaces and the other components stated in the statement of work).
(B) Key Personnel: A list of key personnel who will be assigned to work with PSA during the conference (to include a list of their key roles and responsibilities).
May 31, 2024, with the Quote
FACTOR 2: Past Performance: The Offeror must submit their SAM.gov Unique Entity ID number. The Offeror must include a least three (3) references, relevant to this requirement (in hosting conferences) as identified in SOW. Include a narrative of its corporate and team experience in hosting similar events. The Offeror must demonstrate satisfactory past performance during the past six (6) years based on the Offeror's performance record from references and Past Performance Information Retrieval System (CPARS).
May 31, 2024, with the Quote
FACTOR 3 Price: Offeror's firm fixed price quote must demonstrate a clear understanding of the nature and description of the service required.
May 31, 2024, with the Quote
H.2 CONTRACTOR RESPONSE (see Section 10 in SOW)
Offerors are required at minimum, to provide the following information with their quote.
1. Description of the venue location. Include a map detailing the location of the conference facility in relationship to location of the nearest public transportation (Metrorail station, bus, etc.) and parking lot, and local eating establishments.
2. Narrative description of the proposed facility and how it will satisfy the minimum requirements identified in specification (see Section 4.0). Offerors should include photographs of the facility and meeting space(s).
3. List and Confirm Conference Meeting dates as cited under Section 4.5: Meeting Dates and Times.
4. Quotes are due on or by 1 PM (EST) May 31, 2024.
5. Listing of local dining establishments and/or on-site eating venues open for both breakfast and lunch meals.
6. Description of equipment/supplies the vendor can provide.
7. Proposals/Quotes must include a list of key personnel who will be assigned to work with PSA during the conference. Include a list of key roles and responsibilities.
8. Proposal/Quote must include a narrative of its corporate and team experience in hosting similar events. Offeror must include at least three (3) references. Reference information must include:
(a) Company or agency name
(b) Name and date(s) of event
(c) Point of Contact (individual name, phone number, and email address)
9. Copy of any proposed/quote agreement(s) required by the offeror for this event. A copy of the final, mutually agreeable agreement must be incorporated into and made a part of any resultant contract.
10. Proposal/Quote must include detailed pricing for the event. At a minimum, pricing details must include the following:
(a) Price for meeting space(s). The same rooms/set up must be available for all three (3) days. Price must include all audio-visual equipment/services, gratuity, use of onsite business center, parking fees, and any other fees as per the above statement of work. The price should be presented as a per day price with a total price for all three
(3) days.
H.3 KEY PERSONNEL:
The Contractor agrees to assign qualified key personnel(s) who have the related experience required to work with PSA on this requirement as cited in this solicitation. Contractor must include a list of the key roles and responsibilities of the individuals assigned as key personnel.
Section I - Contract Clauses
Clauses incorporated by reference
Article Number Reference Text 52.212-4 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services
(Nov 2023)
52.249-4 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984)
52.243-1 52.243-1 Changes-Fixed Price (AUG 1987)
52.237-3 52.237-3 Continuity of Services (JAN 1991)
Clauses incorporated by full text
52.212-05 52.212-05 Contract Terms and Conditions Required to Implement Statutes or Excecutive Orders-Commercial Items.
Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUL 2012)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
__ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).
__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313).
__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111- 117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (11) [Reserved]
__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Jul 2010) of 52.219-9.
__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).
__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
__ (ii) Alternate I (June 2003) of 52.219-23.
__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103- 355, section 7102, and 10 U.S.C. 2323).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).
__ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)).
__ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).
__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).
__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__ (34) 52.222-54, Employment Eligibility Verification (JJUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
__ (ii) Alternate I (Dec 2007) of 52.223-16.
__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (MAY 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138, 112-41, and 112-42).
__ (ii) Alternate I (MAR 2012) of 52.225-3.
__ (iii) Alternate II (MAR 2012) of 52.225-3.
__ (iv) Alternate III (MAR 2012) of 52.225-3.
__ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
__ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).
__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).
__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C.
251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract.
These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.
The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of expiration.
PSA203-70 Subpoenas (SEP 2013) For the purposes of this contract, a subpoena is a command to appear that may or may not be signed by a judge, to give sworn testimony and/or to produce documents at a certain time and place.
Any contractor or subcontractor at any tier (to include its officers, employees, or agents) in receipt of a subpoena requesting information related to the services provided under this contract, or which relates to PSA operations, must notify the Contracting Officer and Contracting Officer's Representative. Notification should be provided, in writing, as soon as possible, but not later than one (1) business day after receipt of the subpoena to allow PSA time to review and take any action required by law to protect Government information. Written notification shall include a copy of the subpoena.
All requests for the testimony by the Contractor or its employees, and any intention to testify as an expert witness relating to:
(a) any work required by, and/or performed under, this contract; or (b) any information provided by any party to assist the Contractor in the performance of this contract, must be immediately reported to the Contracting Officer and Contracting Officer's Representative. Neither the Contractor nor its employees may testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the Contracting Officer or required by a judge via a court order.
The Contracting Officer shall provide additional guidance as needed and may request additional information. Contractor staff shall cooperate with the Contracting Officer and Contracting Officer's Representative and shall provide requested information, and as appropriate, testimony, in a timely manner.
This clause shall flow down and be included in all subcontracts (all tiers) issued in support of this contract.
PSA204-70 Announcement of Contract Award (SEP 2013) PSA complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards.
These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded.
PSA209-70 Contractor Performance Capabilities (SEP 2013) The Contractor must be capable of performing all the tasks described in the Statement of Work. The Government shall not be liable for any costs or other involvement in the purchase, repair, maintenance or replacement of Contractor items used to implement or comply with requirements of the contract. Likewise, the Government shall in no way be held accountable by the Contractor for the Contractor's inability to perform under this Contract due to Government technology implementations and or changes.
PSA219-70 Small Business Subcontracting Plan (SEP 2013)
(a) If your company is required to file a Small Business Subcontracting Plan in accordance with FAR 52.219-9, please use the Subcontracting Plan Template attached to this solicitation for that purpose.
(b) The on-line Electronic Subcontracting Reporting System (eSRS) must now be used for input of the reports required by FAR 52.219-9(d)(10)(iii). To comply with this requirement, please do the following:
(1) If your company does not yet have an eSRS account, then please sign up for one at www.esrs.gov. A user guide that explains how to use eSRS is available at:
http://esrs.gov/documents/esrs_contractor_user_guide_1.7.pdf. If you notice that your company contact information or DUNS number in eSRS are not correct, then please make corrections through the System for Award Management (SAM) website atreference, the Contractor must secure, pay the premiums for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance of the types and in the amounts as specified under FAR 28.3.
http://www.esrs.gov http://esrs.gov/documents/esrs_contractor_user_guide_1.7.pdf
The data will then flow from the SAM to the Federal Procurement Data System – Next Generation (FPDS-NG) and then finally into the eSRS system. Repopulation of your eSRS contact info can take two business days after you make corrections in the SAM. Please include the e-mail addresses of the contracting officer in eSRS for notification in block 13 of the report.
PSA219-72 Requirements of Partnership Agreement Between SBA and CSOSA/PSA (SEP 2013)
This contract is subject to the terms and conditions of the current Partnership Agreement (PA) between the U.S. Small Business Administration (SBA) and the Court Services and Offender Supervision Agency (CSOSA). You may request a copy of the PA from the Contracting Officer or from the Small Business Administration at http://www.sba.gov/content/sba-agencies-executed-partnership-agreements. In accordance with the PA, you are hereby notified that:
(a) Even though SBA may not be identified in section A of the contract, it is still the prime contractor on the contract;
(b) You must obtain SBA's approval of any novation agreements that you submit;
(c) PSA must provide advance notice to SBA (as the prime contractor) prior to issuance of a final notice terminating the contract in whole or in part; and
(d) Your SBA district office is: N/A
PSA224-71 Freedom of Information Act Requests (SEP 2013)
(a) Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore:
(1) All items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked in all documents submitted to the Pretrial Services Agency for the District of Columbia (PSA or The Government). Marking of items will not necessarily preclude disclosure when the PSA determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.
(2) No later than five (5) business days after award of a contract or order, the Contractor must provide the PSA Contracting Officer a redacted copy of the contract or order in electronic format. This copy will be used to satisfy any requests for copies of the contract or order under the FOIA. If the Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition Regulation.
(b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.
(c) In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.
(d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.
PSA228-70 Insurance (SEP 2013)
(a) In accordance with FAR 52.228-5, "Insurance-Work on a Government Installation (JAN 1997)" incorporated by
(b) Each policy of insurance must contain an endorsement that any…
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