Solicitation_RFQ NO. 0973-25-SCA01_Second Chance Act Housing.pdf

Acting Chief Probation and Pretrial Services Officer 255 East Temple Street, Suite 1410

Los Angeles, CA 90012

Chief Deputy of Administration 350 West 1st Street, Suite 4311

Chief Deputy of Operations

Eastern Division 3470 Twelfth Street, Room 134

Riverside, CA 92501

Southern Division 411 West Fourth Street, Suite 1053

Santa Ana, CA 92701

United States District Court Central District of California

Office of the Clerk

District Court Executive / Clerk of Court

350 West 1st Street, Suite 4311 Los Angeles, CA 90012

25, 202

RE: SOLICITATION FOR SECOND CHANCE ACT

EMERGENCY AND TRANSITIONAL

HOUSING

RFQ NO. 0973-2 -SCA01

Dear Program Administrator:

The United States District Court for the Central District of California is soliciting proposals to provide Second Chance Act Emergency and Transitional Housing services for male and female Federal defendants and offenders.

These individuals include persons on probation, supervised release, or parole, as well as persons on pretrial release, under the supervision of the United States Probation and Pretrial Services Office.

Enclosed is a Request for Proposal (RFP). The RFP contains the full text of all applicable Government regulations, and all offerors are subject to the provisions contained in the RFP. In responding to the RFP, answer fully each item and supply all information requested.

Section "L" provides specific directions for completing the proposals. All proposals will be evaluated by the criteria in Section "M".

A vendor must be capable of providing all services identified in Section "B", within the geographical area identified in Section "B". Descriptions of these services are in Section "C".

Blanket Purchase Agreements (BPA) will be awarded based on initial offers submitted, and each initial offer should contain your organization's best terms from a price and technical standpoint.

There will be no additional opportunity to modify your proposal.

Please read the RFP carefully; do not rely on knowledge of previous RFPs, or knowledge of previous Federal procurement procedures.

A Blanket Purchase Agreement (BPA) will be awarded to a vendor determined to be technically acceptable, based on the Evaluation Criteria contained in Section "M" of the RFP, and the lowest cost to the Government.

Although the Government may choose to enter into a BPA with multiple vendors with a solicitation area, the Government reserves the right to award to a single vendor.

The term for this Blanket Purchase Agreement is twelve (12) months, with a provision that shall allow the Governments to unilaterally extend the agreement for an additional two (2) years, at twelve (12) month intervals, at the Government's discretion.

A copy of the Blanket Purchase Agreement, Clauses and Terms of Agreement, should be retained by the vendor for their files.

ny questions to the contracting agency must be prepared in writing and directed to Erik Cisneros, Property & Procurement Specialist and received no later than 8, 202 .

Thank you for your interest in providing services to Federal defendants and offenders in the Central District of California.

Sincerely, Erik Cisneros Property & Procurement Specialist

SCA SERVICES BPA – Solicitation

BACKGROUND

On April 9, 2008, the Second Chance Act (SCA) of 2007, Pub. L. No. 110-199, was enacted.

Section 253 of the Act amended 18 U.S.C. § 3672 to authorize the Director of the Administrative Office of the U.S. Courts (AO) to contract for “treatment, equipment and emergency housing, corrective and preventative guidance and training, and other rehabilitative services designed to protect the public and promote the successful reentry of the offender into the community.” In October of 2008, the Judicial Administration and Technical Amendments Act of 2008, Pub. L.

No. 110-406 (October 13, 2008) (JATAA), significantly enhanced courts’ ability to provide interventions for defendants and offenders under 18 U.S.C. 3672 and 3154(4). This expanded the authority for a wide array of interventions with which probation and pretrial services officers might mitigate specific risks and responsivity factors related to their caseloads.

The statute authorizes “providing necessary services to offenders ... in a manner that does not confer luxuries or privileges upon such offenders” (42 U.S.C. § 17501(a)(4)). Additionally, the Act shall not “be construed as creating a right or entitlement to assistance or services for any individual, program, or grant recipient” (42 U.S.C. § 17504). Congress intended the new authority to be exercised judiciously. Courts must be careful stewards of resources used under this authority.

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and hand carried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if until local time 11

X 1 X 1 X 5

X

X

X 1 X 2

X 3

18X

X 5

X X

B – PRODUCTS OR SERVICES AND PRICES / COSTS

The United States District Court for the Central District of California is soliciting a vendor to provide Second Chance Act Emergency and Transitional Housing services for male and female Federal defendants and offenders. A vendor must be capable of providing services within a geographic area .

B.1. FIRM FIXED PRICE

This is the total firm fixed price to be paid to the contractor for providing the services as described in the Statement of Work (SOW), Section C of this document. The firm fixed price is inclusive. No payments will be made in addition to the stated firm fixed price for any efforts made by the contractor in accomplishing the SOW.

Item No. Description Quantity Unit Unit Price Extended Price

1 3101 – Emergency and Transitional Housing

Base Year ( / /2 – 09/30/2 )

1 Day

2 3101 – Emergency and Transitional Housing

Option Year 1 (10/01/2

– 09/30/2 )

1 Day

3 3101 – Emergency and Transitional Housing

Option Year 2 (10/01/2

– 09/30/2 )

1 Day

TOTAL

C – STATEMENT OF WORK

Project Code 3101 – Emergency and Transitional Housing – Unit: Per Day

(a) Project Code Description

Emergency and/or Transitional Housing is for defendants and offenders who require housing to assist in their reentry. Housing should not exceed 90 days, unless an extension is determined appropriate and approved by the Unit Executive. If the vendor requires a lease, any such agreement is between the client and the housing contractor; the Government is not a party to the lease agreement and bears no responsibility or liability for defendants or offenders.

(b) On-site inspections should be conducted prior to the award to ensure that the environment is conducive to the defendants/offender’s rehabilitation without conferring luxuries or privileges. There is no separate provision for the payment of utilities, food allowances, etc., unless these services are included in the rent. The search for permanent residential options should continue during this transitional period. The USPO/USPSO should document these efforts. Officers must reevaluate the need for this service at least every 30 days. Officers should consider a community service condition and/or adding job readiness, vocational training, and other suitable programming to compel defendants and offenders to work actively toward obtaining employment to help achieve self-sufficiency.

(c) Referrals only require as much information as needed for a vendor to assess any reasonably foreseeable third party risk.

(d) Requirements include on-site visits and may include co-payment, if ordered. For housing vendors that provide commercial services (available to the general public), probation form 45s are necessary only for internal tracking. This project code is considered a severable service. Generally, the billing unit should be daily unless an advance payment is required. Advance payment is limited to 30 days, may not be more than 15% of the contract price, and requires the housing to be a commercial service. Security Deposits may also be paid, but one time only. Upon termination, security deposits should be returned. Due to the variety of housing needs, vendor requirements were determined unnecessary for many vendors, such as hotel services, apartments, and housing through individual landlords, (commercial housing vendors). District staff have the option of assessing need or seeking competitive agreements for group homes or sex offender housing services. Housing solicitations for placement of multiple defendants and offenders requires that a probation form 45 be issued to the vendor. If needed, the USPO/USPSO should fashion local needs for requirements such as curfew, no-show reporting, sign-in requirements, programming requirements, and accepting sex offenders.

If vendor requirements are necessary, the Statement of Work and approved local needs must be provided to the vendor upon making the award. If the housing service is considered commercial and vendor requirements are not needed, the waiver of liability, of the statement of work must still be issued to the vendor. Housing is considered a severable service.

Regarding co-payments, if ordered, the vendor shall:

• Collect any co-payment authorized on the program plan/probation form 45 and deduct any collected co-payment from the next invoice to be submitted to the government;

• Provide bills and receipts for co-payments to clients. The vendor shall keep an individualized record of co-payment collection, make it available for USPO/USPSO review, and have systems in place to both follow-up on collection of outstanding amounts and to resolve any discrepancies in amount owed;

• Document within the monthly progress report any co-payment received or whether the expected co-payment was not provided, as well as the amount of any outstanding balance;

• Inform the USPO/USPSO within 3 business days of a client’s failure to make a total of 3 consecutive scheduled co-payments.

• Reimburse the Government in the event a vendor has received a co-payment and not credited it as an offset to a bill for services sent to the government (e.g., a defendant or offender provides a co-payment after the service was rendered or after the account has been closed).

This service is provided by licensed/certified/credentialed individuals who possess the recognized credentials/qualifications of, and fulfills the standards of practice established by his/her professional regulatory body for the purpose of that field to include licensed psychology, licensed clinical social work, and licensed clinical counseling.

Please list license/certfication type on Attachment C, Offeror's Staff Qualifications form.

The vendor shall:

Provide a monthly report documenting services rendered.

That the vendor contacts the USPO/USPSO within 24 hours if the client fails to report for appointments or fails to participate, and that any such conduct is documented in writing to the USPO/USPSO.

The client's signature is required before releasing any information regarding the client or the defendant's/offender's services and progress to the USPO/USPSO. The vendor shall obtain the client's and USPO/USPSO’s signature prior to the client’s first appointment with the service/treatment provider. The authorization to release confidential information shall be captured on the Probation Form 11G and/or PSA Form 6.

Below are the vendor’s staff requirements and restrictions. Failure to comply with the terms and conditions below could result in termination of this contract.

The vendor shall advise of any current staff member currently under pretrial services, probation, parole, mandatory release, or supervised release (federal, state, tribal or local) and the nature of the offense to the USPO/USPSO.

Mentors themselves may not be under active supervision nor be under criminal justice authority.

The vendor and its employees shall:

Avoid compromising relationships with defendants/offenders;

Report any such improprieties or the appearance thereof immediately to the USPO/USPSO or designee; and Report to the USPO/USPSO or designee any investigations, pending charges, arrests and/or convictions related to a criminal offense by staff performing services under this contract within 48 hours of obtaining such knowledge.

The vendor shall notify the USPO/USPSO in writing of any staff changes and provide documentation of any required licensing, certification, experience, and education requirements.

Concerning the defendant/offender files, records and conferences, the vendor shall:

Maintain a secure filing system of information on all defendants/offenders to whom the vendor provides services under this contract. If information is maintained electronically, the vendor shall make a hard copy of all files available for review immediately upon request of the USPO/USPSO or designee.

Segregate client files from other vendor records. This will facilitate monitoring and promote client confidentiality.

Keep a separate file for each client.

Create a separate file when a client on pretrial services supervision is sentenced to probation supervision, but continued in services with the vendor.

The vendor may copy any information relevant from the pretrial services file and transfer it into the probation file, except for information covered under the Pretrial Services Confidentiality Regulations. The vendor and its subcontractors are authorized to access criminal history information available in pretrial services or probation records that have been provided by the USPO/USPSO. This information is provided solely for the purpose of providing services under this contract. Any unauthorized re-disclosure of this information may result in termination of this contract.

Keep all client records for three years after the final payment is received for Government inspection and review, except for the following:

Appeals under subsection 4. Disputes, in Section I, or Litigation or settlement of claims arising out of the performance of this contract, until final disposition of such appeals, litigation, or claims.

At the expiration of the performance period of this contract, the vendor shall provide the USPO/USPSO or designee a copy of all client records that have not been previously furnished, including copies of chronological notes.

Chronological notes should:

Record all contacts (e.g., face-to-face, telephone) with the client including collateral contacts with employers, USPO/USPSO and others. Records shall document all notifications of absences and any violation behavior.

Be current and available for review by the USPO/USPSO or designee and by the Office of Probation and Pretrial Services (OPPS) at the Administrative Office.

Chronological notes shall be legible and up-to-date

To meet the disclosure requirements for this project code, the vendor shall disclose client records upon request of the USPO/USPSO as well as make its staff available to the USPO/USPSO to discuss issues of a client. The government agrees to provide any necessary consent forms that the federal government or federal, state or local law requires for information the probation or pretrial services officer would seek from the vendor (e.g., Probation Form 11G and/or PSA Form 6).The vendor shall ensure that all persons having access to or custody of client records follow the disclosure and confidentiality requirements of this contract and all applicable state and federal law. The vendor shall notify USPO/USPSO immediately upon receipt of legal process requiring disclosure of client records.

The vendor shall not disclose “pretrial services information” concerning pretrial services clients. “Pretrial services information,” as defined by the “Pretrial Services Confidentiality Regulations,” is “any information, whether recorded or not, that is obtained or developed by a pretrial services officer (or a probation officer performing pretrial services duties) in the course of performing pretrial services.” Pretrial Services Confidentiality Regulations, §2A.

Generally, any information developed by an officer performing pretrial services that is shared with the vendor will be confidential pretrial services information.

Only a judicial officer or a Chief USPO/USPSO may authorize disclosure of pretrial services information to a third party pursuant to the Pretrial Services Confidentiality Regulations. Any doubts about whether a potential disclosure concerns pretrial services information must be resolved by consultation with the

USPO/USPSO.

The vendor and its subcontractors are authorized to access criminal history information available in pretrial services or probation records that have been provided by the USPO/USPSO. This information is provided solely for the purpose of providing services under this contract. Any unauthorized re-disclosure of this information may result in the termination of this contract.

The price of case staffing conferences and consultations are included in the unit prices listed in each project code description. Upon USPO/USPSO referral of a client to the vendor, the vendor shall consult and meet as requested by the

USPO/USPSO.

Vendor reports shall include specific/measurable goals and objectives with target completion dates that are periodically reviewed. The reports should provide a written recommendation as to whether or not a client's services shall be continued or terminated. If the vendor recommends service termination, the vendor shall provide a reason for this recommendation in the written report (i.e., whether the client responded to vocational treatment/service and is no longer in need of services, or whether the client failed to respond to program interventions).

The vendor, its staff, employees and/or subcontractors shall provide vendor testimony by:

Appearing or testifying in legal proceedings convened by the federal court or Parole Commission only upon order of the federal court with jurisdiction, and a request by the United States Probation and Pretrial Services Offices, United States Attorney's Offices, or United States Parole Commission, or in response to a subpoena.

Providing testimony including but not limited to a client's: attendance record;

general adjustment to program rules; type and frequency of services; and response to services;

The vendor shall receive reimbursement for subpoenaed testimony through the Department of Justice based on its witness fee and expense schedule. The vendor must receive the necessary consent/release forms required under federal, state or local law from the Government.

The vendor shall not create, prepare, offer, or provide any opinions or reports, whether written or verbal that are not required by this statement of work unless such action is approved in writing by the Chief US Probation Officer or Chief US Pretrial Services Officer.

Deliverable(s):

Monthly Progress Report, (Probation Form 46). The monthly progress reports shall be typed reports submitted along with the monthly invoice and any other required supporting documents for the month for which the vendor is invoicing. The report shall:

Summarize client’s activities during the month, lists attendance dates, and accompanies the monthly invoice.

Document client progress (e.g., adjustment, responsiveness, significant problems, employment).

Reflect any changes in the contract and probation form 45/program plan.”

D – PACKAGING AND MARKING

Not Applicable

E – INSPECTION AND ACCEPTANCE

E.1 Vendors Performance (Mandatory Requirement)

The vendor and/or subcontractor shall:

(a) Maintain a physical facility that meets all applicable federal, state and local regulations (e.g., building codes).

(b) Not endanger the health and safety of employees, clients and the community.

(c) Provide physical facilities that preserve both the integrity of the confidential relationship and the personal dignity of the client.

E.2 Clause B-5 Clauses Incorporated by Reference (SEP 2010)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx

The clauses listed below are applicable to Agreements and Contracts at any value.

Clause 2-5A Inspection of Products (APR 2013) Clause 2-5B Inspection of Services (APR 2013)

F – DELIVERIES AND PERFORMANCE

F.1 Provisions of Services to Federal Offenders and Defendants (Mandatory Requirements)

In an effort to protect the community by providing outpatient treatment, the vendor shall have the capability to immediately place Federal clients in emergency and transitional housing without regard to any placement backlog or waiting lists.

Recognizing the problems of limited bed space, vendors shall place referrals for emergency and transitional housing placements in the first available bed space.

The vendor shall not unilaterally refuse services to any defendant or offender referred by the Government, except where the defendant or offender poses an apparent danger to the vendor's staff or other clients. The vendor shall not refuse service without approval of the Government.

Termination of clients from treatment, based upon a violation of the vendor's program rules and regulations shall not be made without the approval of the Government. When necessary, the vendor may take appropriate and immediate action to protect staff and clients.

The contractor shall not tell defendants or offenders to misrepresent or withhold information regarding the provider or the services received in response to questions posed by the USPO/USPSO or other government or law enforcement agencies authorized to make such inquiries.

a. Contact the person listed in block 10 on the form Solicitation/Offer/Award, in Section A,

p. 1 of the Request For Proposals (RFP).

This Section incorporates the following clauses by reference (see Clause B-5, Clauses Incorporated by Reference, in Section I for further information about clauses incorporated by reference):

CLAUSE NUMBER TITLE DATE

7-1 Contract Administration JAN 2003 7-5 Contracting Officer’s Representative APR 2013

7-125 Invoices APR 2011

G.2 CLAUSES INCLUDED IN FULL TEXT

CLAUSE 7-10, CONTRACTOR REPRESENTATIVE (JAN 2003)

The contractor’s representative to be contacted for all contract administration matters is as follows

(Contractor completes the information):

1. Name:

2. Address:

3. Telephone:

4. E-mail:

5. Fax:

The contractor’s representative shall act as the central point of contact with the judiciary, shall be responsible for all contract administration issues relative to this contract, and shall have full authority to act for and legally bind the contractor on all such issues.

G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

Contact Point for Assistance

H – SPECIAL CONTRACT REQUIREMENTS

H.1 DRUG-FREE WORKPLACE – JAN 2003

(a) Definitions. As used in this clause, "Controlled Substance" means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (2l U.S.C. 8l2) and as further defined in regulation at 2l CFR l308.ll-l308.l5.

"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.

"Drug-free workplace" means a site for the performance of work done in connection with a specific contract at which the employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

"Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Directly Engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance.

"Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor.

(b) The Contractor, if other than an individual, shall--within 30 calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration), or as soon as possible for contracts of less than 30 calendar days performance duration—

(l) Publish a statement notifying such employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(2) Establish an ongoing drug-free awareness program to inform such employees about-

(i) The dangers of drug abuse in the workplace;

(ii) The Contractor's policy of maintaining a drug-free workplace;

(iii) Any available drug counseling, rehabilitation, and employee assistance programs;

and

(iv) The penalties that may be imposed upon employees from drug abuse violations occurring in the workplace;

(3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(l) of this clause;

(4) Notify such employees in writing in the statement required by subparagraph (b)(l) of this clause, that as a condition of continued employment on the contract resulting from this solicitation, the employee will-

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) days after such conviction;

(5) Notify the contracting officer within ten (l0) days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

(6) Within 30 days after receiving notice under subparagraph (a)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

(i) Taking appropriate personnel action against such employee, up to and including termination; or

(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(l) through (b)(6) of this provision.

(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from the contract.

(d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (b) and (c) of this clause may, render the Contractor subject to suspension of contract payments, termination of the contract for default, and suspension of debarment

RFQ NO. 0973 SCA01

SECTION I – CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

This Section incorporates the following clauses by reference (see Clause B-5, Clauses Incorporated by Reference, included in full text at I.2 below for further information about clauses incorporated by reference):

CLAUSE NUMBE TITLE DATE

1-1 Employment by the Government JAN 2003 1-5 Conflict of Interest AUG 2004 1-10 Gratuities or Gifts JAN 2010 1-15 Disclosure of Contractor Information to the

Public

AUG 2004

2-20A Incorporation of Warranty JAN 2003 2-60 Stop-Work Order JAN 2003 2-115 Terms for Commercial Advance Payment of

Purchases

APR 2013

2-125 Security for Advance Payment APR 2013 2-130 Energy Efficiency in Energy Consuming

Products

APR 2013

3-25 Protecting the Judiciary’s Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment

JUN 2014

3-35 Covenant Against Contingent Fees JAN 2003 3-40 Restrictions on Subcontractor Sales to the

Government

JUN 2014

3-45 Anti-Kickback Procedures JUN 2012 3-50 Cancellation, Rescission and Recovery of

Funds for Illegal or Improper Activity

JUN 2012

3-55 Price or Fee Adjustment for Illegal or Improper Activity

JUN 2012

3-105 Audit and Records – Negotiations APR 2011 3-120 Order of Precedence JAN 2003 3-140 Notice to the Judiciary of Labor Disputes JAN 2003 3-160 Service Contract Act of 1965 JUN 2012 3-180 Fair Labor Standards Acts and Service

Contract Act – Price Adjustment

APR 2011

3-205 Protest After Award JAN 2003 7-15 Observance of Regulations/Standards of

Conduct

JAN 2003

7-20 Security Requirements APR 22013 7-25 Indemnification AUG 2004 7-30 Public Use of the Name of the Federal

Judiciary

JUN 2014

RFQ NO. 0973 2 SCA01

7-35 Disclosure or Use of Information APR 2013 7-85 Examination of Records JAN 2003 7-100B Limitation of Liability (Services) JAN 2003 7-110 Bankruptcy JAN 2003 7-130 Interest (Prompt Payment) JAN 2003 7-135 Payments APR 2013 7-140 Discounts for Prompt Payment JAN 2003 7-150 Extras JAN 2003 7-185 Changes APR 2013 7-210 Payment for Emergency Closures APR 2013 7-215 Notification of Ownership Changes JAN 2003 7-220 Termination for Convenience of the

Judiciary (Fixed Price)

JAN 2003

7-230 Termination for Default (Fixed Price – Products and Services)

JAN 2003

7-235 Disputes JAN 2003

I.2 CLAUSES INCLUDED IN FULL TEXT

CLAUSE B-5, CLAUSES INCORPORATED BY REFERENCE (SEP 2010)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx.

I.3 Subcontracting

Services that the vendor proposes to refer to other service providers shall be considered subcontracting. The vendor (prime contractor) may subcontract the provision of treatment services to other service providers (subcontractors). After award, any proposed subcontractor arrangements or changes to the existing subcontractor arrangements are subject to the Contracting Officer’s approval, and shall be submitted in writing to the Contracting Officer at least 30 days in advance of the proposed subcontracting arrangement or change. The Contracting Officer will respond promptly with written approval or disapproval. The prime contractor shall not refer defendants/offenders to any other vendor that has not been approved by the Contracting Officer in writing. The government reserves the right to revoke approval of any subcontractor at any time that does not meet the requirements of this contract/agreement.

The prime contractor is responsible to the judiciary for overall performance of the services required under this contract/agreement. If any services are subcontracted, the prime contractor shall ensure that the subcontractor is complying with the requirements of this

RFQ NO. 0973 2 SCA01

contract/agreement, including the qualifications of any personnel providing services; the possession and maintenance of all appropriate state and local licenses in compliance with state and local regulations; and the appropriate documentation demonstrating compliance with all federal, state and local fire, safety and health codes. The prime contractor shall ensure that subcontractors are not debarred, suspended, or ineligible to perform under federal contracts.

A subcontractor has no contractual rights, known as privity of contract, against the judiciary.

However, the subcontractor may have rights against the prime contractor.

Upon contract termination, the contractor must except as otherwise directed by the CO, terminate all subcontracts to the extent that they relate to performance of the work terminated.

I.4 Clause 2-90D, Option to Extend the Term of the Contract – (APR 2013)

(a) The judiciary may extend the term of this contract by written notice to the contractor no later than 30 calendar days prior to the contract’s expiration date; provided that the judiciary gives the contractor a preliminary written notice of its intent to extend at lest 60 calendar days before the contract expires. The preliminary notice does not commit the judiciary to an extension.

(b) If the judiciary exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

J – LIST OF ATTACHMENTS

J.1 Sample Program Plan (Probation Form 45)

J.2 Authorization To Release Information To Probation Officer (Probation Form 11G)

J. Authorization To Release Information To Pretrial Services Officer (Pretrial Form 6)

J. Monthly Progress Report (Probation Form 46)

J. Waiver Of Liability

J. Department Of Labor Wage Determination (Los Angeles County)

PROB 45 (rev. 05/11) Today’s Date:

TREATMENT SERVICES CONTRACT PROGRAM PLAN

Client Identifying Information

Provider Information Provider: Procurement No:

Provider Location: Effective Date:

Attn: Termination Date:

Location Address:

Phone:

Fax:

Authorized Services Your agency is authorized to provide the following services beginning on the plan effective date indicated above.

Any services provided outside of those listed below and/or outside the Effective and Termination Dates of the Plan will not be authorized for payment.

Services Ordered Project Code Description Of Services Phase Frequency (Units) Interval Copay Amount

(per unit)

2010 Individual Substance 1.0 Weekly $0.00 Abuse Counseling

2020 Group Substance 2.0 Monthly $0.00 Counseling

Instructions to Provider Regarding Client Needs and Goals of Treatment

Officer: Referral Agent: Client:

Client : PACTS#:

Address: Pretrial/Post

Conviction:

Officer: Client Phone:

Officer Phone: DOB:

PROB 11G

(Rev. 5/03)

AUTHORIZATION TO RELEASE INFORMATION

(PRIVATE PERSON OR ORGANIZATION)

TO PROBATION OFFICER

TO WHOM IT MAY CONCERN:

I, , the undersigned, hereby authorize the

United States Probation Office for the District of , or its authorized representative(s) or employee(s), bearing this release or copy thereof, to obtain any information in your files pertaining to my:

Employment

Education Records (including, but not limited to academic achievement, attendance, athletic, personal history, and disciplinary records)

Medical Records

Psychological and Psychiatric Records

I hereby direct you to release such information upon request of the bearer. This release is executed with full knowledge and understanding that the information is for the United States Probation Office’s official use.

I hereby release you, as custodian of such records, any school, college, or university, or other educational institution; hospital or other repository of medical records; social service agency; any employer or retail business establishment, including its officers, employees, or related personnel, both individually and collectively, from any and all liability for damages of whatever kind which may at any time result to me, my heirs, family, or associates because of compliance with this authorization and request for information or any other attempt to comply with it.

Regarding protected health information, I understand that this authorization is valid until my release from supervision, at which time this authorization to use or disclose this information expires. I understand that information used or disclosed pursuant to this authorization may be disclosed by the recipient and may no longer be protected by federal or state law.

Regarding protected health information, I understand that I have the right to revoke this authorization, in writing, at any time by sending such written notification to the program’s privacy contact at:

(Name and Address of Program)

Regarding protected health information, I understand that if I revoke this authorization to release confidential information, I will thereby revoke my authorization to further disclosure of such information. I also understand that revoking this authorization before I satisfy the condition of my supervision that requires me to participate in the program will be reported to the court. My revocation of authorization under such circumstances could be considered a violation of a condition of my post-conviction supervision.

(Authorizing Signature - Full Name) (Full Name - Printed or Typed) (Date)

WITNESS —

(Probation Officer) (Date)

PS 6

(Rev. 6/03)

AUTHORIZATION TO RELEASE INFORMATION

(PRIVATE PERSON OR ORGANIZATION)

TO PRETRIAL SERVICES OFFICER

TO WHOM IT MAY CONCERN:

I, , the undersigned, hereby authorize the United States Pretrial Services Office for the District of or its authorized representative(s) or employee(s), bearing this release or copy thereof, to obtain any information in your files pertaining to my:

Employment

Education Records (including but not limited to academic achievement, attendance, athletic, personal history, and disciplinary records)

Medical Records

Psychological and Psychiatric Records

I hereby direct you to release such information. This release is executed with full knowledge and understanding that the information is for the United States Pretrial Services Office’s official use.

I hereby release you, as custodian of such records, any school, college, or university, or other educational institution;

hospital or other repository of medical records; social service agency; any employer or retail business establishment, including its officers, employees, or related personnel, both individually and collectively, from any and all liability for damages of whatever kind which may at any time result to me, my heirs, family, or associates because of compliance with this authorization and request for information or any other attempt to comply with it.

The information hereby obtained by the aforementioned pretrial services office is to be used only for the purpose of pretrial services investigation and report and, if applicable, for supervision. If I am found guilty, such information will also be made available to the probation office for the purpose of preparing a presentence report, in accordance with federal law.

Regarding protected health information, I understand that this authorization is valid until my release from supervision, at which time this authorization to use or disclose this information expires. I understand that information used or disclosed pursuant to this authorization may be disclosed by the recipient and may no longer be protected by federal or state law.

Regarding protected health information, I understand that I have the right to revoke this authorization, in writing, at any time by sending such written notification to the program’s privacy contact at:

(Name and Address of Program)

I understand that if I revoke this authorization to release confidential information, I will thereby revoke my authorization to further disclosure of such information. I also understand that revoking this authorization before I satisfy the condition of my supervision that requires me to participate in the program will be reported to the court. My revocation of authorization under such circumstances could be considered a violation of a condition of my pretrial supervision.

(Authorizing Signature—Full Name) (Full Name—Printed or Typed) (Date)

WITNESS—

(Pretrial Services Officer) (Date)

PROB 46

(Rev. 06/10) This form must be completed and submitted with

MONTHLY TREATMENT REPORT each monthly billing. Additional sheets may be used.

1. PROGRAM NAME: 1a. PROVIDER NAME: 2. DATE OF CURRENT TX PLAN (ATTACH REVISIONS):

3. CLIENT NAME: 3a. PACTS NO. 4. FOR PERIOD COVERING:

5. PHASE NO. 5a. TIME IN PHASE: 6. PRETRIAL CLIENT: 7. CLIENT EMPLOYED:

Yes No Yes No Student Other

8. CONTACTS SINCE LAST REPORT

a. Date b. Service (Name & No.) c. Length of Contact d. Comments (No Shows, Tardiness, Issues Addressed)

e. Copay (amount collected)

9. URINE TESTING RECORD

DATE

COLLECTED

Scheduled Sample Not Tested Drug Use Admitted COLLECTED

BY

SPECIAL TESTS

REQUESTED

TEST RESULTS

(Positive/Negative)

Copay (amount collected)Yes No Insuf. Qty. Stall No Yes (specify drug)

10. COMMENTS REGARDING CLIENT’S TREATMENT PROGRESS

a. Describe the treatment goals addressed this month ( Met Not Met):

b. Describe any steps taken by the client this month toward these goals ( Positive Negative):

c. Describe any obstacles or setbacks the client encountered this month:

d. Describe one unique way the PO/PSO can assist/support the client in treatment over the next month:

e. If continued treatment is recommended, discuss the plan for next month ( Recommended Not Recommended):

f. Discuss your observations of the client’s behavior and commitment to treatment ( Positive Negative):

g. Comments:

h. Overall Progress: Acceptable Unacceptable

SIGNATURE OF COUNSELOR DATE

DISTRIBUTION: ORIGINAL CONTRACTOR

Transitional/Emergency Housing Waiver

The U.S. Probation/ Pretrial Services Office agrees to pay ________________________, hereinafter Provider, for lodging/housing provided to __________________________________, hereinafter Guest/Resident, for the time period beginning __________ and ending _________, in the amount of $__________ per month/day. If applicable, the U.S. Probation/Pretrial Services

Office agrees to pay Provider the required security deposit of $__________. These payments are made pursuant to the authority in 18 U.S.C. § 3672 or 3154(4).

Any and all lease agreements, occupancy documents and/or registration documents required by Provider shall be personally completed and executed by Guest/Resident, and the U.S.

Probation/Pretrial Services Office shall not be a party to any such agreements. Further, neither the

U.S. Probation/Pretrial Services Office nor the Judiciary shall be responsible or liable for any loss, damage, or destruction to Provider’s property and premises or injury suffered by the Provider. The

U.S. Probation/Pretrial Services Office is not responsible or liable, and will not pay for any additional services or costs, including, but not limited to food, pay per view, cleaning services beyond what is included in the base lodging or housing cost stated above, that may be incurred by the Guest/Resident during his/her stay.

The Guest/Resident assumes all responsibility and liability for any losses, damages, destruction, and/or injury that may result or arise due to his/her negligence while occupying the premises of the Provider.

Upon departure by the Guest/Resident, any refunds due of previously paid amounts by the

U.S. Probation/Pretrial Services Office, including any security deposits, shall be returned and made payable to the following:

U.S. District Clerk

Attn: __________________________

Provider shall also submit to the U.S. Probation/Pretrial Services Office, at the above address, a copy of the final statement showing all amounts due, amounts paid, and any amounts returned.

The above terms and conditions are understood and agreed to by the U.S. Probation/Pretrial

Services Office, the Provider, and the Guest/Resident. By signing on behalf of the Provider, the individual represents that he/she has the legal authority to bind the Provider.

Dated this __________ day of ____________________, 20____.

U.S. Probation/Pretrial Services Office By: ____________________________

Name

Title

Provider

By: ____________________________ Name

Title

Guest/Resident

By: ____________________________ Name

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