USCA14R0001_Editable_PDF.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

USCA14R0001 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

11/07/2013

6. REQUISITION/PURCHASE NUMBER

PAD110022

CODE PMD

Procurement Management Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 3-250 Washington, DC 20544-0001

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

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

SOLICITATION

See Item 8 14:00:00 12/12/2013

(Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 3-100. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Mary Mace AREA CODE

NUMBER

502-1298

EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

Mary_Mace@ao.uscourts.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES CONTRACT

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSX F DELIVERIES OR PERFORMANCE

X L INSTRS., CONDS., AND NOTICES TO OFFERORSX G CONTRACT ADMINISTRATION DATA

X M EVALUATION FACTORS FOR AWARDX H SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes a minimum offer acceptance period.

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 price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDER DAYS(%) 20 CALENDER DAYS(%) 30 CALENDER DAYS(%) CALENDAR DAYS

NUMBER PERCENTAGE

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

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

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

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

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE AFSD Accounting and Financial Systems Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 5-300 Washington, DC 20544-0001

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. DATE

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

Judiciary Standard Form 33 (REV. 10-12)

USCA14R0001 - Page 1 of 38

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B-2 Estimated Quantities B-3 Fixed Rates B-4 Minimum Guarantee

C Descriptions/Specifications/Statement of Work C-1 Statement of Work

D Packaging and Marking 2-45 Packaging and Marking

E Inspection and Acceptance 2-5B Inspection of Services

F Deliveries or Performance 2-25A Delivery Terms and Contractor's Responsibilities 2-60 Stop-Work Order 2-35 F.o.b. Destination, Within Judiciary's Premises F-2 Deliverables F-1 Period of Performance

G Contract Administration Data 3-305 Payment by Electronic Funds Transfer-System for Award Management (SAM) Registration ...20 7-1 Contract Administration 7-125 Invoices 7-5 Contracting Officer's Representative 7-10 Contractor Representative G-1 Ordering Process

H Special Contract Requirements 1-1 Employment by the Government 2-65 Key Personnel 7-50 Parking H-1 Consent to Subcontract Clause

I Contract Clauses 1-10 Gratuities or Gifts 1-15 Disclosure of Contractor Information to the Public 1-5 Conflict of Interest 3-105 Audit and Records 3-120 Order of Precedence 3-205 Protest after Award 3-25 Protecting the Judiciary's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 3-300 Registration in the System for Award Management (SAM) 3-35 Covenant Against Contingent Fees 3-40 Restrictions on Subcontractor Sales to the Government 3-45 Anti-Kickback Procedures 3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 3-55 Price or Fee Adjustment for Illegal or Improper Activity 4-25 Indefinite Quantity 4-5 Ordering 6-40 Federal, State, and Local Taxes 7-100B Limitation of Liability (Services) 7-110 Bankruptcy 7-130 Interest (Prompt Payment) 7-135 Payments 7-140 Discounts for Prompt Payment 7-15 Observance of Regulations/Standards of Conduct 7-150 Extras 7-175 Assignment of Claims 7-185 Changes 7-20 Security Requirements 7-210 Payment for Emergency Closures 7-215 Notification of Ownership Changes 7-220 Termination for Convenience of the Judiciary (Fixed Price) 7-230 Termination for Default - Fixed-Price Products and Services 7-235 Disputes

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7-25 Indemnification 7-30 Public Use of the Name of the Federal Judiciary 7-35 Disclosure or Use of Information 7-85 Examination of Records 2-50 Continuity of Services 2-90C Option to Extend Services 2-90D Option to Extend the Term of the Contract 4-10 Order Limitations B-5 Clauses Incorporated by Reference

J List of Attachments J-1 List of Attachments

K Representations, Certifications and Other Statements of Offerors or Respondents 3-15 Place of Performance 3-130 Authorized Negotiators 3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters 3-30 Certificate of Independent Price Determination 3-5 Taxpayer Identification and Other Offeror Information

L Instructions, Conditions and Notices to Offerors or Respondents 3-100 Instructions to Offerors 3-135 Single or Multiple Awards 3-85 Explanation to Prospective Offerors 3-95 Preparation of Offers 7-60 Judiciary Furnished Property or Services 3-210 Protests 4-1 Type of Contract B-1 Solicitation Provisions Incorporated by Reference L-1 Format and Instructions for Proposals

M Evaluation Factors for Award 2-85A Evaluation Inclusive of Options 3-70 Determination of Responsibility M-1 Evaluation Criteria

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Section B - Supplies or Services and Prices/Costs

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0001 Remote Alcohol Detection 1 Year

Extended Description:The period of performance is one year with four one-year options.

Period of Performance:05/01/2014 - 04/30/2015

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0002 Remote Alcohol Detection 1 Year

Extended Description:Option Period One Period of Performance:05/01/2015 - 04/30/2016

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0003 Remote Alcohol Detection 1 Year

Extended Description:Option Period Two Period of Performance:05/01/2016 - 04/30/2017

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0004 Remote Alcohol Detection 1 Year

Extended Description:Option Period Three Period of Performance:05/01/2017 - 04/30/2018

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0005 Remote Alcohol Detection 1 Year

Extended Description:Option Period Four Period of Performance:05/01/2018 - 04/30/2019

B-2 Estimated Quantities

B.2 Estimated Quantities

The quantities listed in the “Total # of Units Utilized Per Year/Average Days Per Year Per Unit” column in At-tachment A are estimates of the number of participants expected to be electronically monitored and the average number of active units being monitored on a daily basis. They are estimates only and do not represent a com-mitment by the Government to purchase specific quantities of the requested services.

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B-3 Fixed Rates

Fully burdened rates for the required equipment and services will be included in the awarded contract for the base year and each option period. All offerors are required to complete the Pricing Schedule, Attachment A in its entirety.

B.3.1 Task Order Pricing

Individual firm-fixed price task orders will be issued for equipment and services defined in Section C, based on the fixed rates negotiated at time of contract award and included in Attachment A, Pricing Schedule.

B-4 Minimum Guarantee

The contractor will receive one minimum guarantee of $5,000.00 during the entire contract period, including the base year and four option periods.

The maximum limitations are prescribed in Section 1, Clause 4-10 Ordering Limitations.

Section C - Descriptions/Specifications/Statement of Work

C-1 Statement of Work

SECTION C: REMOTE ALCOHOL DETECTION DEVICES: DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT

C.1 Purpose and Objective

The Administrative Office of the United States Courts (AOUSC) has a requirement for the provision of monit-oring services and equipment, complying with required equipment specifications and following reporting re-quirements, for offenders and defendants under community supervision by the United States Probation and Pre-trial Services Offices in judicial districts nationwide.

The contractor shall provide monitoring services that meet the programmatic requirements contained in The Guide, Volume 8, Sections C and E and provide the following monitoring capabilities:

The full text of The Guide to Judiciary Policy, Volume 8 Probation and Pretrial Services, Parts C and E may be accessed electronically at the following addresses:

USCA14R0001 - Page 5 of 38 http://jnet.ao.dcn/img/assets/6621/Part_C.pdf http://jnet.ao.dcn/img/assets/6617/Part_E.pdf

At the time of the proposal submission, all monitoring equipment shall have passed beta testing. A beta test is a period in the development of hardware and software where it is tested by groups of people who would be typic-al users. Defendant/offenders use the product normally and often report back on any problems that have (bugs) or with feedback on basic usability and navigation. Beta testing follows a period called an alpha test. Before the product can be released from beta testing, the product must be usable and no firmware and/or software changes necessary. Products that have not completed beta testing are unacceptable.

C.2 Size and Scope of the Contract

Remote alcohol detection equipment shall be used to monitor federal defendants/offenders in the United States, Guam, Puerto Rico, and the U.S. Virgin Islands. The Contractor shall be responsible for monitoring approxim-ately 200 defendants/offenders at any given time during a contract year.

All equipment shall be provided by the contractor as part of the services requested. All contract services shall be performed in accordance with the requirements, terms and conditions of the contract.

C.3 Equipment Requirements

The contractor shall provide random alcohol testing methods via the use of electronic monitoring equipment that may occur in the defendant/offender’s home, not to include transdermal alcohol testing methods. This sys-tem shall detect the presence of alcohol and shall have the capacity to transmit results remotely through a se-cured telephone connection or form of secured wireless transmission. The equipment may be used as a stand-alone device or in conjunction with radio frequency monitoring.

The contractor shall be solely responsible for all coordination and any and all failures and deficiencies resulting from equipment or services acquired by the government under this contract. The contractor shall provide re-placement equipment as needed. The probation/pretrial services staff will use government-furnished electronic communications transmission systems and protocols (e.g., File Transfer Protocol (FTP), Hyper Text Transport Protocol (HTTP, HTTPS, or email) to send and receive monitoring information to and from the contractor. The contractor is not responsible for providing the electronic communications transmission systems for transferring monitoring information with probation and pretrial services staff.

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C.4 Testing Authenticity

The device shall verify the identity of the defendant/offender by utilizing a voice or digital imaging recognition verification process.

C.4.1 Alcohol Measurement

The device shall be capable of taking a deep lung sample from the participant’s breath and compare it to a calib-rated breath alcohol standard which is stored in the system’s memory or video imaging solutions. The system shall conduct tests that do not respond to natural gas or acetone and provide functionality to avoid false posit-ives.

C.4.2 Variable Testing Interval

The system shall provide for testing to be conducted at random or fixed intervals that can be set by the officer on a per defendant/offender basis based on the risk of the defendant/offender. The system’s testing intervals shall allow for testing that is randomly generated by computer, scheduled by the monitoring staff and/or con-ducted by the probation and pretrial services officer.

C.4.3 Tamper Detection

The device shall include tamper detection features to detect and report tampering and ensure the probation and pretrial services officer receives accurate information. Tampers shall be reported to the officer as indicated in Section C.8.

C.4.4 Power Supply

The device shall contain a battery operated backup system that functions and detects noncompliance with test-ing procedures for a minimum of 12 hours in the event of electrical power outage and/or disconnection.

C.5 Monitoring Center Facility

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The Contractor shall, at a centrally located monitoring center/facility, receive, store, and disseminate informa-tion generated by the monitoring equipment and system. Any services provided through a subcontractor ar-rangement may be performed at a separate center/facility, provided that they encompass an entire system (e.g., programmed contact system; electronic monitoring system), and are transparent to the officer in the remote ac-cess environment.

C.6 Monitoring Center Security and Continuous Operational Plan

The monitoring center and/or facility shall be located at a secure location where access to the center and all re-cords is restricted only to authorized individuals.

The contractor shall meet all IT requirements regarding continuing operational plan (Sections C.9 and C.11) in the event of a server problem and/or natural disaster, including generating alerts, and maintaining the overall in-tegrity of the data at all times. A redundant server capable of performing these functions at all times shall be in place at a separate location.

The contractor shall not relocate the monitoring center or any of the operations of the monitoring center to a separate location without notification of the COTR. This notification shall be received at a minimum of 6 months prior to the operational change to allow the COTR to formally inspect the proposed location and opera-tions.

C.7 Remote Access to Monitoring System

The contractor shall provide users with a remote and automated capability for accessing the monitoring system to view, print, download, and enter/modify defendant/offender monitoring information.

C.7.1 The contractor shall provide one or more additional definable fields to allow for local customization of the system to accommodate a district's desire to input and maintain other information as needed. The system shall have the ability to query, sort and/or search the database by any field. The system shall have the capability to create a separate report of each officer(s) assigned cases with related case information.

C.7.2 The remotely accessible system shall minimize user interaction whenever possible. Utilizing a scheduled batch facility for automatic off-hours production of reports is one example of minimized user interaction. The system shall also keep historical transaction records of at least 10 updates. The transactional log shall record the login ID and date of update for at least the last 10 updates.

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C.7.3 The remotely accessible system shall provide a separate management/supervisor interface, so that proba-tion and pretrial services office managers may provide effective oversight of officers accessing the monitoring system. The system shall provide management/supervisor’s reports, including caseload by officer, total units, inventory control, and names of defendant/offender and number of days removed for violation. The system shall allow for storing probation/pretrial office pre-defined zones that can be applied to any defendant/offender.

C.7.4 The remotely accessible system shall have an adequate security infrastructure to prevent unauthorized users from gaining access to defendant/offender data. The system shall have an appropriate security monitoring system at multiple levels (e.g., HTTPS, SSL, firewall, database). The security system shall provide information on attempted intrusions and other relevant or useful information that can be reported for further investigation and referral for criminal action.

C.7.5 The remotely accessible database/system shall capture each officer’s access and utilization of the system and provide defendant/offender enrollment/removal and modification capability, co-payment summaries, daily alert summary reports and other customized monthly reports as designated by the COTR.

C.8 Notification of Failed Tests and Noncompliance with Equipment

Upon the occurrence of any failed test and/or noncompliance with equipment (power loss, tampers and battery issues), the monitoring system shall notify the assigned officer within one (1) hour and as established by the probation/pretrial office protocol shall include email, telephone call, text and or any combination of the three.

The contractor’s system shall be capable of providing for multiple notifications to multiple persons/agencies by telephone, text message or email.

C.9 Operation of Monitoring System

The contractor shall staff the monitoring center continuously, 24 hours a day, 7 days a week, and provide 24/7 technical assistance and/or troubleshooting capability. In the event that remote access is temporarily inoperable, the contractor’s staff shall implement a contingency plan to manually detect and notify officers of all events and otherwise respond to all inquiries from probation and pretrial services officers. Internet sites shall be mobile and compatible with judiciary standard software, currently Windows 7, Microsoft Office Suite 2010. The con-tractor shall provide immediate notification when the website returns to an operational state.

The contractor shall immediately notify the COTR of any network, server, software, or equipment problem.

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To support the contractor’s ability to monitor continuously and without interruption and to prevent data loss from system failure or disaster, strategies required to protect program data shall include the following:

C.9.1 Redundant electronic monitoring computer systems that include server architecture consisting of:

- A primary server that has capability to “write” to a redundant server without any delay in event posting and/or notifications

- The redundant server shall be located in the secondary data facility

C.9.2 Continuous copying of all data from the primary server copies to the separate redundant server so that both servers contain the same data at the same time. This ensures that no data is lost and there are no delays in event posting and notifications if the primary server fails. The architecture supports a disaster situation/solu-tion, as well as providing a layer of isolation in the event of repairs or localized outages (network, virus contain-ment) and during preventive maintenance.

Upon request of the COTR and/or his or her designated personnel, the contractor shall demonstrate this capabil-ity through test or inspection.

In addition to the real-time backup of data to the redundant server, all data shall back up to tape (CDs) on a daily, weekly, and monthly basis. All weekly tapes (CDs) are to be kept at a secure offsite storage facility for five (5) years. Daily and monthly tapes (CDs) are to be kept in a fireproof safe onsite, allowing the ability to re-store any monitoring system from the previous day’s data in the event of a system failure.

During any power outage or power surge, the contractor shall provide and employ generators to continue power through-put including uninterrupted power supply (UPS) systems that can handle additional loads.

The contractor shall “suspend” charging the daily rate any time there are inoperable units which are not the fault of the government, including in the event of a natural disaster.

C.10 Continuing Operational Plan

The contractor shall maintain a contingency plan for movement to a backup monitoring system within a minim-

USCA14R0001 - Page 10 of 38 um of 12 hours following a monitoring system malfunction. The plan shall be approved by the COTR prior to any movement to a backup monitoring system.

C.11 Security Safeguards of Monitoring System Information

The contractor shall implement security safeguards to prevent unauthorized access to monitoring data inside the monitoring facility by monitoring employees or other staff. The contractor shall provide a listing of the em-ployees authorized to make changes or modify defendant/offender data or other government program settings should this be requested by the officer or COTR. The contractor shall also detail how the company determines and maintains this authorization to employees.

The network security strategies shall include:

(1) - Intrusion detection, which monitors and defends against known attacks, hackers and viruses.

- A firewall

- Web architecture that consists of an internet server that is kept separate from the internal computer sys-tems.

- Anti-virus software on all servers.

- Security patches from various hardware and software contractors applied to each system on a priority and timely basis in accordance with the identified risk.

(2) Redundant network and environmental facilities (e.g. power, HVAC) required for hardware and environ-mental systems.

(3) Automated system monitoring:

- Monitoring System Availability

- Monitoring System Availability, Unscheduled Downtime.

(4) Comprehensive application monitoring tools that detect and report outages, inconsistent behavior, and daily activity.

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C.12 User Access to Data

The contractor shall provide security codes to the Government to guarantee the security of data modifications made remotely or over communications systems/lines with the monitoring system or manually on the telephone with a monitoring center employee.

C.12.1 Data Imports / Platform Interface

The contractor’s platform system shall have functionality that will allow data fields identified by the COTR to be imported into the national case tracking system and management database which is currently Probation and Pretrial Services Automated Case tracking System (PACTS) and will be PACTS Gen3. The data shall be im-ported via an interface provided by the contractor that will push selected data fields and elements to the national system’s chronological record.

C.13 Monitoring System Architecture

The contractor shall maintain and provide information upon COTR request on monitoring system architecture including the hardware, software, and power source(s). This shall include a description of contingency plans for system failures.

C.14 Training

At the request of the probation/pretrial office, the contractor shall provide at least one on-line training session for each user probation/pretrial office concerning the operation and installation of the monitoring equipment and software systems specified under this contract. This training shall be offered in the form of a WebEx and/or any similar on-line training that is approved by the COTR.

The contractor shall also offer a WebEx/on-line training and/or hands-on training for any new technology, transition to new technology, and/or training on standard and customized reports that are designed to assist of-ficer in managing caseloads more efficiently and supervisors in providing oversight of officers who supervise defendants/offenders

Any request for hands-on training must be approved in advance by the COTR and shall not exceed a total of 5 trips per year. All technology and travel expenses associated with any training shall be the financial responsib-ility of the contractor.

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C.15 Overnight Delivery of Required Notices

In case of equipment or communication line failure, the contractor shall provide delivery of required notices (alerts, daily reports, violations etc.) by overnight delivery guaranteeing no interruption in service to the respect-ive probation/pretrial office.

C.16 Units Billed

The contractor shall bill the agencies only for units that are actively in use. Agencies shall not pay for equip-ment that is not in use (e.g., inactive units, shelf stock, etc.). Billing shall terminate once an officer notifies the contractor via telephone or via the contractor’s activity website that monitoring has been terminated.

C.17 Testimony Preparation and Appearance

The contractor shall, upon receipt of a subpoena, appear and testify in any legal proceedings convened by the court. Reimbursement for subpoenaed testimony shall be through the Department of Justice or an applicable entity and may be based on a witness fee and expense schedule. Any such costs are outside the scope of this contract. The government will provide any necessary consent/release forms that federal, state, or local law re-quire.

If required to provide testimony, the contractor shall send the person or persons with direct responsibility for the information requested to appear and testify on behalf of the respective probation/pretrial office.

The contractor shall notify the respective probation/pretrial office immediately upon receipt of any legal process requiring disclosure of records of defendant/offenders.

C.18 Ethical Standards

The contractor, subcontractor and their employees shall avoid compromising relationships with defendant/of-fenders, their families, and the probation/pretrial office staff. The contractor shall report any conflicts of in-terest (including the existence of personal relationships between any employees and any defendant/offender be-ing monitored or family member of a defendant/offender being monitored), improprieties, or the appearance thereof, immediately to the COTR.

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C.19 Staffing Requirements

The contractor's staff providing services under this contract shall meet sufficient standards of integrity to ensure that the confidentiality of defendant/offender records is not compromised. The contractor shall ensure that its staff does not disclose information to any third party without written authorization of the respective probation/pre-trial office.

C.20 Staff Requirements and Restrictions

The contractor shall ensure that:

C.20.1 Persons currently under pretrial services, probation, parole, mandatory release, or supervised release (federal, state or local) shall not perform services under this agreement nor have access to defendant/offender files.

C.20.2 Persons charged with or under investigation for a criminal offense shall not perform services under this agreement nor have access to defendant/offender files unless approved in writing by the Contracting Officer after consultation with OPPS and PMD.

C.20.3 Persons convicted of any sexual offense (including but not limited to, child pornography offenses, child exploitation, sexual abuse, rape or sexual assault) required under federal, state, or local law to register on the Sexual Offender registry shall not perform services under this agreement or contract, nor shall they have access to defendant/offender files unless approved in writing by the Contracting Officer after consultation with the

COTR.

C.20.4 It does not employ, contract with, or pay any defendant/offender or defendant’s/offender’s firm or busi-ness to do any work for the contractor either at the contractor’s facilities or personally for any of the contract-or’s employees during the period of this agreement.

C.20.5 Failure to comply with the above terms and conditions could result in termination of this agreement.

C.21 Contractor Key Personnel.

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The following position is considered key personnel by the Government under this contract. Before replacing any individual designated as key by the government, the contractor shall notify the Contracting Officer in ac-cordance with the Key Personnel Clause 2-65, Section H.

C.21.1 Senior Project Manager.

The Contractor shall provide one Senior Project Manager who shall be responsible for all Contractor work per-formed under this contract. The Senior Project Manager shall serve as the single point-of-contact (POC) for discussing and resolving all administrative or technical problems and answering any questions involving the contract with the CO and/or COTR. The Senior Project Manager shall be a full time senior level employee of the contractor.

During any absence of the Senior Project Manager, only one alternate shall have full authority to act for the contractor on all matters relating to work performed under this contract.

The Senior Project Manager shall be available to the COTR via telephone between the hours of 8:00 AM and 5:00 PM Eastern Time, each business day and shall respond to a request for discussion within 2 hours of notific-ation.

C.22 Records and Reports

The contractor shall maintain for inspection and examination by authorized probation/pretrial office personnel all defendant/offender records associated with the contract for the contract life. At the end of the contract life, all records shall be provided to and become the exclusive property of the respective probation/pretrial office.

C.23 Quality Control Program

The contractor shall have a formal Quality Control Program in place that shall detect errors in monitoring, pre-vent future errors, and provide quality assurance for the services provided under this contract. The Quality Control Program shall include a routine review process that addresses all areas of the contractor's performance and each service described in this contract, the results of which shall be made available to each respective pro-bation/pretrial office at its request.

C.24 Equipment and Service Upgrades/Improvements

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Throughout the life of the contract, the contractor shall provide each probation/pretrial office with the most re-cent generation of equipment that has completed final beta testing. All equipment provided under this contract shall have completed final beta testing and shall be ready for release by the contractor. All equipment and ser-vice upgrades or changes shall be submitted, in writing, to the COTR for approval by the Contracting Officer.

System upgrades, improvements and/or software fixes shall be provided by e-mail for dissemination to all users with a “cc” notification to the COTR.

C.25 Reporting Requirement and Deliverables

C.25.1 Monthly Contracting Officer Technical Representative Report

Monthly reports shall be provided to agencies detailing tests and findings on non-operational equipment (e.g.

false positives, equipment failures). Each report shall indicate the name of the participant previously associated with the equipment. Any required reports may be on a combined or individual basis.

The contractor’s monthly report submitted to the COTR shall include the number of active units and expenses associated with each service category (project code) and reflect any co-payment submitted towards the costs of services. This report shall also include a summary of the type of alerts/violation notification per District as well as a national summary. These reports shall be submitted to the COTR by the 5th of each month.

The above reports shall also be made accessible remotely to both the COTR and courts through the contractor’s web services platform.

C.25.2 Status Meetings

Status meetings and/or conference calls will take place between the contractor and the government at a minim-um of once every three months, as directed by the COTR, unless the probation/pretrial office determines that a meeting is not required during that period.

C.25.3 Deliverables

The contractor shall make available all records relating to a defendant/offender upon request in accordance with a written request from the COTR or probation/pretrial services officer within 48 hours.

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C.25.4 Delivery Schedule

The contractor shall ship all units within 24 hours of receiving the order to the specified court probation/pretrial office and notify the COTR of any delays in shipping.

C.26 RESERVED

C. 27 Lost/Stolen/Damaged Equipment

The contractor shall be responsible for the replacement costs of all lost, stolen or damaged equipment.

NOTE: To assist in pricing this unknown quantity, the average loss nationally for this equipment has averaged one per year.

C.28 Invoicing and Co-Payments

The contractor shall bill the agencies only for units that are actively in use. Billing shall terminate once an of-ficer notifies the contractor via telephone or via the contractor’s activity website that monitoring has been ter-minated. The contractor shall bill participants directly, receive payments and apply all payments towards the monthly invoice. The contractor shall handle all aspects of billing and show all payments and deductions from the monthly bill.

C.29 Contract Transition

At the expiration of this contract and in the event that the Government selects a new contractor to provide the services performed under this contract, the incumbent contractor (hereto now referred as the "Incumbent") shall minimize the transfer of services risks by developing and implementing a comprehensive phase-out plan. The phase-out plan shall include the appointment of a formal phase-out team to interact with the government and the new contractor. The incumbent shall minimize service disruptions to the Government during the exit process by remaining fully staffed and maintaining quality work performance until the final date of the contract. The in-cumbent's phase-out plan shall include working with both the government and new contractor to coordinate the removal and de-installation of the incumbent's equipment and supplies and the delivery and installation of the new contractor's equipment and supplies in a manner that minimizes service disruptions. As a means to provide

USCA14R0001 - Page 17 of 38 a smooth transition and continued operation of services, the incumbent's transition plan shall include, at a min-imum, the following:

(1) In coordination with the new contractor, provide a schedule that ensures timely and orderly de-installation of equipment and supplies. This schedule shall be approved by the COTR within fourteen (14) calendar days of new contract award.

(2) Orientation of the new service provider personnel, including the key transition personnel who will be as-suming the transition responsibilities and key technical staff.

(3) Bi-weekly status reports detailing the progress of the transition, including both formal and informal report-ing procedures.

(4) The contractor shall ensure the completion of a full data transfer to the government or successor contractor for all sites at the direction of the COTR at no additional cost to the government.

C.30 Direct Payment by Participants (Copayments)

At the direction of the probation or pretrial services officer, and/or in response to an order of the court, parti-cipants may be ordered to pay for all or part, of the cost of monitoring. The Government will require the con-tractor to process payments from participants and provide the government with a monthly invoice that shows all copayment funds received during the billing period.

The probation or pretrial services officer will indicate copayment requirements, including the amount to be paid each month, upon enrolling participants into the monitoring services as instructed by the officer. Where full payment is ordered, the contractor shall bill the participant at the same unit price as awarded.

The contractor shall provide a payment agreement for the participant’s signature that reflects the total amount to be paid during a designated monitoring period, the monthly payment amount and the amount currently due.

The contractor shall bill the participant for the agreed monthly payment amount due for monitoring services to be provided. The contractor may require that the participant pay for services by certified check or money order only.

Monthly Invoice: Each monthly invoice shall identify, by name, the participants who have made payment, amount of their payments, and the invoice to which the amount is credited. Where participants pay all or part of the costs of monitoring, the contractor shall credit all received copayments to the monthly billing period in which charges were incurred. The total amount owed by the government will be the total cost of all monitoring, less any funds the contractor receives from participants for a specified monthly billing period.

Should a participant overpay the amount specified in the payment agreement the contractor will provide an automatic refund to the participant. Overpaid funds of $5 or more will be refunded to self-pay participants hav-ing been inactive in the contractor’s monitoring system for at least 30 days but no more than 90 days. Refunds

USCA14R0001 - Page 18 of 38 of overpaid self-pay funds less than $5 may be requested by the chief probation or pretrial services officer (or designee) on behalf of the participant. Refund checks shall be mailed directly to the participants address. The contractor shall no longer bill participants once their period of supervision has been terminated.

Section D - Packaging and Marking

2-45 Packaging and Marking AUG 2004

(a) Unless otherwise specified, preservation, packaging, and marking for all items delivered hereunder shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination. The contractor shall place the contract number and delivery order number, or purchase order, as applicable, on or adjacent to the exterior shipping label or include them on the internal packing slip. For any magnetic media provided, the contractor shall provide extra markings for protection against exposure to mag-netic fields or temperature extremes.

(b) All documentation, reports, and other deliverables shall be clearly marked with the project title, contract number, and delivery order number (when applicable). Unless otherwise specified, all items shall be packaged and packed in accordance with normal commercial practices - e.g., if magnetic media is involved, extra marking shall be considered for protection against exposure to magnetic fields or temperature.

(END)

Section E - Inspection and Acceptance

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

2-5B Inspection of Services APR 2013

Section F - Deliveries or Performance

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

2-25A Delivery Terms and Contractor's Responsibilities JAN 2003

2-60 Stop-Work Order JAN 2010

2-35 F.o.b. Destination, Within Judiciary's Premises JAN 2003

F-2 Deliverables

All items shipped will be delivered to the address listed on individual delivery orders. Date of delivery and in-stallation will be negotiated when delivery orders are issued.

F-1 Period of Performance

The period of performance for the contract is as follows:

Base Period – May 1, 2014 – April 30, 2015 Option Period One – May 1, 2015 – April 30, 2016

USCA14R0001 - Page 19 of 38

Option Period Two – May 1, 2016 – April 30, 2017 Option Period Three – May 1, 2017 – April 30, 2018 Option Period Four – May 1, 2018 – April 30, 2019

The period of performance for any task will be defined in each task order. Order periods of performance will not exceed 364 days after the end of the contract’s period of performance.

Section G - Contract Administration Data

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

3-305 Payment by Electronic Funds Transfer-System for Award

Management (SAM) Registration

APR 2013

7-1 Contract Administration JAN 2003

7-125 Invoices APR 2011

7-5 Contracting Officer's Representative APR 2013

7-10 Contractor Representative JAN 2003

(a) The contractor's representative to be contacted for all contract administration matters is as follows (contractor complete the information):

Name: ___________________________________________________________________________ Address: ___________________________________________________________________________ Telephone: ___________________________________________________________________________ Email: ___________________________________________________________________________ Fax: ___________________________________________________________________________

(b) The contractor's representative shall act as the central point of contact with the judiciary, shall be respons-ible for all contract administration issues relative to this contract, and shall have full authority to act for and leg-ally bind the contractor on all such issues.

(END)

G-1 Ordering Process

Individual Probation and Pretrial Service Offices will issue orders for the equipment and services provided un-der this contract. Orders issued under the contract shall specify the type of equipment, project code, unit price, period of performance, a not to exceed dollar amount and contract number for all orders.

During the period of performance for which the orders are issued under this contract, Probation and Pretrial Ser-vice Offices will notify the contractor of the units required based on the number of program participants. The contractor shall provide the units required based on the delivery schedule established in the contract. Daily charges at the fixed rates identified in Section B of the contract shall commence upon the successful activation of the unit on the participant.

In no instance shall the contractor exceed the total amount obligated under the order without a modification providing additional funding.

Section H - Special Contract Requirements

USCA14R0001 - Page 20 of 38

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

1-1 Employment by the Government JAN 2003

2-65 Key Personnel APR 2013

(a) Individuals identified below as key personnel and accepted for this contract are expected to remain dedicated to this contract. However, in the event that it becomes necessary for the contractor to replace any of the indi-viduals designated as key personnel, the contractor shall request such substitutions in accordance with this clause. Substitution of key personnel will be considered under the following circumstances only:

(1) All substitutes shall have qualifications at least equal to those of the person being replaced.

(2) All appointments of key personnel shall be approved in writing by the contracting officer, and no substitu-tions of such personnel shall be made without the advance written approval of the contracting officer.

(3) Except as provided in paragraph (4) of this clause, at least 30 days (60 days if security clearance is required) in advance of the proposed substitution, all proposed substitutions of key personnel shall be submitted in writ-ing to the contracting officer, including the information required in paragraph (5) of this provision.

(4) The following identifies the requirements for situations where individuals proposed as key personnel be-come unavailable because of sudden illness, death or termination of employment. The contractor shall within 5 work days after the event, notify the contracting officer in writing of such unavailability. If the event happens after award, the contracting officer will determine if there is an immediate need for a temporary substitute and a continuing requirement for a permanent substitute for the key personnel position. The contracting officer will promptly inform the contractor of this determination. If the contracting officer specifies that a temporary substi-tute is required, the contractor shall as soon as is practical identify who will be performing the work as a tem-porary substitute. The temporary substitute will then start performance on a date mutually acceptable to the con-tracting officer and the contractor. Within 15 work days following the event, if the contracting officer specifies that a permanent substitute is required, the contractor shall submit, in writing, for the contracting officer's ap-proval, the information required in (5) and (6) below, for a proposed permanent substitute for the unavailable individual. The approval process will be the same as (7) below.

(5) Request for substitution of key personnel shall provide a detailed explanation of the circumstances necessit-ating substitution, a resume of the proposed substitute, and any other information requested by the contracting officer to make a determination as to the appropriateness of the proposed substitute's qualifications. All resumes shall be signed by the proposed substitute and his/her formal (per company accepted organizational chart) direct supervisor or higher authority.

(6) As a minimum (or as otherwise specified in the solicitation), resumes shall include the following:

(a) name of person;

(b) functional responsibility;

(c) education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours);

(d) citizenship status;

(e) experience including, in reverse chronological order for up to ten years, area(s) or work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descrip-tions of experience for each position held including specific experience related to the requirements of this con-tract; and

(f) certification that the information contained in the resume is correct and accurate (signature of key person and date signed, and signature of the supervisor or higher authority and date signed will be accepted as certifica-tion).

(7) The contracting officer will promptly notify the contractor in writing of his/her approval or disapproval of all requests for substitution of key personnel. All disapprovals will require re-submission of another proposed substitution within 15 days by the contractor.

(b) The following individuals are designated as key personnel under this contract:

[Contracting Officer to add names upon contract award]

(END)

7-50 Parking APR 2013

USCA14R0001 - Page 21 of 38

There is no contractor parking available at the Thurgood Marshall Federal Judiciary Building (TMFJB). In the event that this contract requires the delivery of equipment or materials to the TMFJB, the contractor shall park delivery vehicles at designated locations within the TMFJB Complex ONLY WHILE LOADING AND UN- LOADING THE VEHICLE. Arrangements for pick-up and delivery at the TMFJB shall be coordinated with the Contracting Officer's Representative (COR) and made in accordance with building management policies.

(end)

H-1 Consent to Subcontract Clause

The contractor shall obtain the Contracting Officer’s written consent prior to adding or changing any subcon-tractor arrangement during the performance of this contract. The contractor shall notify the Contracting Officer reasonably in advance of its intention to add or change a subcontractor including the following information:

1. A description of the supplies or services to be subcontracted.

2. Identification of the type of subcontract to be used.

3. Identification of the proposed subcontractor.

4. The proposed subcontract price.

Section I - Contract Clauses

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

1-10 Gratuities or Gifts JAN 2010

1-15 Disclosure of Contractor Information to the Public AUG 2004

1-5 Conflict of Interest AUG 2004

3-105 Audit and Records APR 2011

3-120 Order of Precedence JAN 2003

3-205 Protest after Award JAN 2003

3-25 Protecting the Judiciary's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

JAN 2003

3-300 Registration in the System for Award Management (SAM) APR 2013

3-35 Covenant Against Contingent Fees JAN 2003

3-40 Restrictions on Subcontractor Sales to the Government JAN 2003

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

4-25 Indefinite Quantity APR 2013

4-5 Ordering APR 2013

6-40 Federal, State, and Local Taxes JAN 2003

USCA14R0001 - Page 22 of 38

Clause Title Date

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

7-15…