01 - Final Combined Synopsis-Solicitation.pdf

U.S. Department of Justice Federal Bureau of Prisons Federal Prison Camp Yankton Yankton, South Dakota

Financial Management

Solicitation Number: 15B41626Q00000004

Agency: Department of Justice / Federal Bureau of Prisons Office: FPC Yankton Financial Office

Contracting Officer/P.O.C.: Dominick Warmbein Phone: (605) 665-3262 Email: dwarmbein@bop.gov

Notice type: Original Posted Date:

Combined Synopsis/Solicitation May 27, 2026, 11:30am Central Posted Date: Response Date and Time:

May 27, 2026, 11:30am Central June 04, 2026, 11:30am Central

Original Set Aside:

100% Total Small Business

Method of Solicitation: NAICS Code:

Request for Quote 326199 – All Other Plastics Food

Manufa Product Manufacturing

Synopsis:

May 20, 2026

This synopsis/solicitation will be advertised as a Total Small Business Set-Aside. The NAICS code for this solicitation is 326199 (Small Business Size Standard of 750 Employees).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number 15B41626Q00000004 shall be used to reference any written quote provided under this request for quote.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P297_49561

Federal Prison Camp Yankton Yankton, South Dakota

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-05.

Description of Solicitation: This solicitation is for a firm fixed price contract, which consists of requirements for commercial roofing supplies to replace the roof of the Fargo Building at the Federal Prison Camp (FPC) Yankton, located at 1016 Douglas Avenue, Yankton, SD 57078.

Period of Performance:

Contracting Office Address:

FPC Yankton Federal Bureau of Prisons 1016 Douglas Ave Yankton, SD 57078

Place of Performance:

FPC Yankton Federal Bureau of Prisons 1016 Douglas Ave Yankton, SD 57078

Quotes will be evaluated utilizing the evaluation of commercial items under FAR 52.212-2.

The deadline for submitting a response to this combined synopsis /solicitation is June 4, 2026, at 11:30am Central.

52.212-2 Evaluation—Commercial Products and Commercial Services.

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

1. Price – The Government will evaluate whether the quoted price is fair and reasonable.

2. Past Performance – Prior performance will be considered, including experience with similar requirements and previous year’s performance.

3. Delivery Ability – The vendor’s ability to deliver within the proposed timeframe will be assessed. This includes product availability at the time of submission, expected acquisition time if not in stock, and any potential delays. Deliveries are expected to be at the institution within 30 days of award.

Federal Prison Camp Yankton Yankton, South Dakota

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be “ACTIVE” at the time of award.

Contract Clauses

Clauses By Full Text

52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR | Acquisition.GOV (End of Provision)

52.252-2 Clauses Incorporated by Reference. (Feb 1998) 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/these address(es): FAR | Acquisition.GOV http://www.sam.gov/ https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/far

Federal Prison Camp Yankton Yankton, South Dakota

(End of clause)

Provisions and Clauses Incorporated by Reference.

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Deviation) 52.203-17 Contractor Employee Whistleblower Rights 52.203-19 Prohibition on Requiring Internal Confidentiality Agreements 52.204-13 System for Award Management – Maintenance (Deviation) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Deviation) 52.222-19 Convict Labor (Deviation) 52.222-19 Child Labor Cooperation (Deviation) 52.222-36 Equal Opportunity for Veterans (Deviation) 52.222-50 Combating Trafficking in Persons (Deviation) 52.222-90 Addressing DEI Discrimination by Federal Contractors (Deviation) 52.223-23 Sustainable Products and Services (Deviation) 52.225-1 Buy American-Supplies (Deviation) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-3 Protest After Award (Deviation) 52.233-4 Applicable Law for Breach of Contract Claim (Deviation)

Federal Prison Camp Yankton Yankton, South Dakota

Attachment A

FISCAL YEAR 2026 FARGO ROOF REQUIREMENTS

FOR FEDERAL PRISON CAMP YANKTON

1. INTRODUCTION AND SCOPE

This requirement is for the acquisition of roofing supplies to repair Fargo roof.

2. Place of Performance

FPC Yankton 1016 Douglas Ave

3. Contracting Officer

The Contracting Officer for this contract is:

FPC Yankton 1016 Douglas Ave Yankton, SD 57078 Attn: Dominick Warmbein, Contracting Officer

Written communications shall refer to the contract number and shall be emailed to dwarmbein@bop.gov or mailed to the above address.

The alternate contact for this solicitation can be reached at mpeitz@bop.gov

4. Delivery Schedule

FPC Yankton Food Service Department requires delivery of all products within 30 days after receipt of award.

mailto:dwarmbein@bop.gov mailto:mpeitz@bop.gov

Federal Prison Camp Yankton Yankton, South Dakota

Deliveries must be made between the hours of 8:00 am and 2:00 pm CST. Federal holiday deliveries will not be accepted. Delivery schedules must be pre-arranged with the receiving warehouse. Upon Award, the Warehouse must be contacted prior to delivery for approval or adjustments in delivery schedule. Delivery schedules will be strictly enforced. Failure to deliver within the established time frame will be considered as nonconformance to the terms of the contract.

· All items will be closely inspected.

· All deliveries must be palletized

· Receipt of delivery may be conditional for a period of three (3) days in order to allow for adequate examination and testing.

· Items that fail to meet specifications will be refused.

· If the product is not accepted, in accordance with FAR 52.212-4 (b), “The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.”

· Items which are conditionally received, and found to be unacceptable, must be picked up at the vendors' expense within two (2) weeks of noncompliance notification.

Items must meet specifications as indicated on the solicitation and award. All items will be closely inspected prior to acceptance. See FAR 52.212-4 (b) Inspection and Acceptance.

https://www.acquisition.gov/far/52.212-4?searchTerms=52.212-4

Contractor failure to meet delivery schedules without an excusable delay and/or failure to conform to contract specifications will negatively affect the contractor's history of past performance. Past performance information may be used by the Government to make future award decisions and/or may result in a finding that the quoter is not responsible for the award of future requirements.

5. Contract Type

This will be a firm fixed price contract.

Federal Prison Camp Yankton Yankton, South Dakota

6. Invoicing Instructions

To constitute a proper invoice, invoices must be submitted in accordance with FAR Overhaul 32.905(b). The Government will not pay for services not yet received, accepted or pre-approved, as applicable.

Invoices shall refer to the contract/purchase order number and shall be emailed to YAN- BusinessOffice-S@bop.gov or mailed to the address below.

FPC Yankton Federal Bureau of Prisons 1016 Douglas Ave.

Yankton, SD, 57078

END OF DOCUMENT

Federal Prison Camp Yankton Yankton, South Dakota

Vendor Information Sheet

Vendors are required to complete all requested information, including the following:

COMPANY NAME:

POINT OF CONTACT:

ADDRESS:

PHONE NUMBER:

EMAIL ADDRESS:

UNIQUE ENTITY ID:

15B41626Q00000004 Page 1 of 10

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

PAGE OF PAGES

1 10

1. REQUEST NO.

15B41626Q00000004

2. DATE ISSUED

05/27/2026

3. REQUISITION/PURCHASE REQUEST NO.

15B41626PR000248

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2 AND/

OR DMS REG. 1

RATING

Federal Bureau of Prisons FPC Yankton 1016 Douglas Avenue Yankton, SD 57078

5a. ISSUED BY 6. DELIVER BY (Date)

7. DELIVERY

OTHER

(See Schedule)

FOB DESTINATION X

9. DESTINATION

5b. FOR INFORMATION CALL (NO COLLECT CALLS) a. NAME OF CONSIGNEE

Federal Bureau of Prisons

NAME

D. Warmbein dwarmbein@bop.gov

TELEPHONE NUMBER

AREA CODE

(605)

NUMBER

665-3262 Ext.:

8. TO: FPC Yankton

1016 Douglas Avenue

b. STREET ADDRESS

c. CITY Yankton

a. NAME b. COMPANY

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE d. STATE

SD

e. ZIP CODE 57078

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

06/04/2026 11:30 CT

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

FY26 PZ COMPOSITE SHINGLES 26Z4AJ1

Offers accepted only if submitted using this solicitation document and must include signature

VENDERS MUST SELF CERTIFY IN SAM.

Firm Fixed Price

See Continuation Sheet(s)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%)

0.00 %

b. 20 CALENDAR DAYS (%)

0.00 %

c. 30 CALENDAR DAYS (%)

0.00 %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

0.00 NOTE: Additional provisions and representations [ ] are [ X ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

15B41626Q00000004 Page 2 of 10

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Engineered polymer shakes designed to replicate the aesthetic of hand-split shakes while providing enhanced durability and resistance to fire and impact.

Dimensions: 9” Width x 22” Length; 5/8” thickness at the butt.

Configuration: One-piece hip and ridge shakes optimized for pitches of 12:12 or less.

Color/Finish: Aged Cedar aesthetic.

Installation/Workability: Must be capable of being cut with a utility knife or circular saw and installed at a 9” or 10” exposure.

Quantity: Sufficient material to cover approximately 6,600 square feet of hip and ridge roofing.

PSC: 5650

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery After:

Quantity: 15.000000

Delivery Address: Federal Bureau of Prisons FPC Yankton 1016 Douglas Avenue

6,600 EA $________ $_________________

15B41626Q00000004 Page 3 of 10

Section 2 - Contract Clauses

Clauses By Full Text

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically authorized within this contract, the Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract. The separation checklist must verify: (1) return of any Government-furnished equipment; (2) return or proper disposition of personally identifiable information (PII)[2], in paper or electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access to PII or other sensitive information.

In the event of adverse job actions resulting in the dismissal of a Contractor or Subcontractor employee before the separation checklist can be completed, the Prime Contractor must notify the Contracting Officer within 24 hours and confirm receipt of the notification. In the case the Contractor is unable to notify the Contracting Officer, then the Contractor should notify the Contract Officer’s Representative (COR).

15B41626Q00000004 Page 4 of 10

Contractors must complete the separation checklist with the Contracting Officer or COR by returning all Government-furnished property including, but not limited to, computer equipment, media, credentials and passports, smart cards, mobile devices, Personal Identity Verification (PIV) cards, calling cards, and keys and terminating access to all user accounts and systems. Unless the Contracting Officer requests otherwise, the relevant Program Manager or other Key Personnel designated by the Contracting Officer or COR may facilitate the return of equipment.

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors who have access to PII as well as the creation, use, dissemination and/or destruction of PII at the outset of the employee’s work on the contract and every year thereafter. Training must include procedures on how to properly handle PII, including heightened security requirements for the transporting or transmission of sensitive PII, and reporting requirements for a suspected breach or loss of PII. These courses, along with more information about DOJ security and training requirements for Contractors, are available at https://www.justice.gov/jmd/learndoj.

The Federal Information Security Modernization Act of 2014 (FISMA) requires all individuals accessing DOJ information to complete training on records management, cybersecurity awareness, and information system privacy awareness. Contractor employees are required to sign the “Privacy Rules of Behavior,” acknowledging and agreeing to abide by privacy law, policy, and certain privacy safeguards, prior to accessing DOJ information. These Rules of Behavior are made available to all new users of DOJ’s computer network and to trainees at the conclusion of DOJ-OPCL-CS-0005.

The Contractor should maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required privacy and cybersecurity training.

(2) Safeguarding PII Requirements

Contractor employees must comply with DOJ Order 0904 and other guidance published to the publicly-available Office of Privacy and Civil Liberties (OPCL) Resources page[3] relating to the safeguarding of PII, including the use of additional controls to safeguard sensitive PII (e.g., the encryption of sensitive PII). This requirement flows down from the Prime Contractor to all Subcontractors and lower tiered subcontracts.

(3) Non-Disclosure Agreement Requirement

Prior to commencing work, all Contractor personnel that may have access to PII or other sensitive information shall be required to sign a Non-Disclosure Agreement (NDA) and the DOJ IT Rules of Behavior. The Non-Disclosure Agreement:

(a) prohibits the Contractor from retaining or divulging any PII or other sensitive information, or derivatives therefrom, furnished by the Government or to which they may otherwise come in contact as a result of their performance of work under the contract/task order that is otherwise not publicly available, whether or not such information has been reduced to writing; and

(b) requires the Contractor to report any loss of control, compromise, unauthorized disclosure, or unauthorized acquisition of PII or other sensitive information to the component-level or headquarters Security Operations Center within one (1) hour of discovery.

The Contractor should maintain signed copies of the NDA for all employees as a record of compliance. The Contractor should also provide copies of each employee’s signed NDA to the Contracting Officer before the employee may commence work under the contract/task order.

(4) Prohibition on Use of PII in Vendor Billing and Administrative Records

The Contractor’s invoicing, billing, and other financial or administrative records or databases is not authorized to regularly store or include any sensitive PII or other confidential government information that is created, obtained, or provided during the performance of the contract without the written permission of the Senior Component Official for

15B41626Q00000004 Page 5 of 10

Privacy (SCOP). It is acceptable to list the names, titles and contact information for the Contracting Officer, COR, or other personnel associated with the administration of the contract in the invoices as needed.

(5) Reporting Actual or Suspected Data Breach

Contractors must report any actual or suspected breach of PII within one hour of discovery.[4] A “breach” is an incident or occurrence that involves the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where: (1) a person other than an authorized user accesses or potentially accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose.

The report of a breach must be made to DOJ. The Contractor must cooperate with DOJ’s inquiry into the incident and efforts to minimize risks to DOJ or individuals, including remediating any harm to potential victims.

(a) The Contractor must develop and maintain an internal process by which its employees and Subcontractors are trained to identify and report the breach, consistent with DOJ Instruction 0900.00.01[5], Reporting and Response Procedures for a Breach of Personally Identifiable Information.

(b) The Contractor must report any such breach by its employees or Subcontractors to the DOJ Security Operations Center (dojcert@usdoj.gov, 202-357-7000); Component-level Security Operations Center and Component-level Management Team, where appropriate; the COR; and the Contracting Officer within one (1) hour of the initial discovery.

(c) The Contractor must provide a written report to the DOJ Security Operations Center (dojcert@usdoj.gov, 202-357-7000) within 24 hours of discovery of the breach by its employees or Subcontractors. The report must contain the following information:

(i) Narrative or detailed description of the events surrounding the suspected loss or compromise of information.[6] Date, time, and location of the incident.

(ii) Amount, type, and sensitivity of information that may have been lost or compromised, accessed without authorization, etc.

(iii) Contractor’s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment.[7]

(iv) Names and classification of person(s) involved, including victim, Contractor employee/Subcontractor and any witnesses.

(v) Cause of the incident and whether the company’s security plan was followed and, if not, which specific provisions were not followed.[8]

(vi) Actions that have been or will be taken to minimize damage and/or mitigate further compromise.

(vii) Recommendations to prevent similar situations in the future, including whether the security plan needs to be modified in any way and whether additional training may be required.

(d) The Contractor shall provide full access and cooperation for all activities determined by the Government to be required to ensure an effective incident response, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents.

(e) At the Government’s discretion, Contractor employees or Subcontractor employees may be identified as no longer eligible to access PII or to work on that contract based on their actions related to the loss or compromise of PII.

(6) Victim Remediation

At DOJ’s request, the Contractor is responsible for notifying victims and providing victim remediation services in the event of a breach of PII held by the Contractor, its agents, or its Subcontractors, under this contract. Victim remediation services shall include at least 18 months of credit monitoring and, for serious or large incidents as determined by the Government, call center help desk services for the individuals whose PII was lost or compromised. When DOJ requests notification, the Department Chief Privacy and Civil Liberties Officer and SCOP will direct the Contractor on the method and content of such notification to be sent to individuals whose PII was breached. By performing this work, the Contractor agrees to full cooperation in the event of a breach.

The Contractor should be self-insured to the extent necessary to handle any reasonably foreseeable breach, with another source of income, to fully cover the costs of breach response, including but not limited to victim remediation.

15B41626Q00000004 Page 6 of 10

C. Government Records Training, Ownership, and Management

(1) Records Management Training and Compliance

(a) The Contractor must ensure that all employees and Subcontractors that have access to PII as well as to those involved in the creation, use, dissemination and/or destruction of PII take the DOJ Records and Information Training for New Employees (RIM) training course or another training approved by the Contracting Officer or COR.

This training will be provided at the outset of the Subcontractor’s/employee’s work on the contract and every year thereafter. The Contractor shall maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required records management training.

(b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records containing PII and those covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion.

(2) Records Creation, Ownership, and Disposition

(a) The Contractor shall not create or maintain any records not specifically tied to or authorized by the contract using Government IT equipment and/or Government records or that contain Government Agency information.

The Contractor shall certify, in writing, the appropriate disposition or return of all Government information at the conclusion of the contract or at a time otherwise specified in the contract. In accordance with 36 CFR 1222.32, the Contractor shall maintain and manage all Federal records created in the course of performing the contract in accordance with Federal law. Records may not be removed from the legal custody of DOJ or destroyed except in accordance with the provisions of the agency records schedules.

(b) Except as stated in the Performance Work Statement and, where applicable, the Contractor’s Commercial License Agreement, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases and all supporting documentation and associated metadata created as part of this contract. All deliverables (including all data and records) under the contract are the property of the U.S. Government and may be considered federal records, for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

(c) The Contractor shall not retain, use, sell, disseminate, or dispose of any government data/records or deliverables without the express written permission of the Contracting Officer or Contracting Officer’s Representative. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. § 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules.

D. Data Privacy and Oversight

(1) Restrictions on Testing or Training Using Real Data Containing PII

The use of real data containing PII from any source for testing or training purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for testing or training whenever feasible.

(2) Requirements for Contractor IT Systems Hosting Government Data

The Contractor is required to obtain an Authority To Operate (ATO) for any IT environment owned or controlled by the Contractor or any Subcontractor on which Government data shall reside for the purposes of IT system development, design, data migration, testing, training, maintenance, use, or disposal.

(3) Requirement to Support Privacy Compliance

(a) If this contract requires the development, maintenance or administration of information technology[9], the Contractor shall support the completion of the Initial Privacy Assessment (IPA) document, if requested by

15B41626Q00000004 Page 7 of 10

Department personnel. An IPA is the first step in a process to identify potential privacy issues and mitigate privacy risks. The IPA asks basic questions to help components assess whether additional privacy protections may be needed in designing or implementing a project[10] to mitigate privacy risks, and whether compliance work may be needed. Upon review of the IPA, the OPCL determines whether a Privacy Impact Assessment (PIA) document and/or SORN, or modifications thereto, are required. The Contractor shall provide adequate support to complete the applicable risk assessment and PIA document in a timely manner, and shall ensure that project management plans and schedules include the IPA, PIA, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DOJ, including IPAs, PIAs, and SORNs, is located on the DOJ OPCL website (https://dojnet.doj.gov/privacy/), including DOJ Order 0601, Privacy and Civil Liberties. The Privacy Impact Assessment Guidance and Template outline the requirements and format for the PIA.

(b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy risk assessment and documentation, the Contractor shall provide adequate support to DOJ to ensure DOJ can complete any required assessment, and IPA, PIA, SORN, or other supporting documentation to support privacy compliance. The Contractor shall work with personnel from the program office, OPCL, the Office of the Chief Information Officer (OCIO), and the Office of Records Management and Policy to ensure that the privacy assessments and documentation are kept on schedule, that the answers to questions in the documents are thorough and complete, and that questions asked by the OPCL and other offices are answered in a timely fashion.

The Contractor must ensure the completion of required PIAs and documentation of privacy controls consistent with federal law and standards, e.g. NIST 800-53, Rev. 5; and compliance with the Privacy Act of 1974, E-Government Act of 2002, Federal Information Security Modernization Act of 2014, and key OMB guidelines, e.g., OMB Circular A-130.

[1] “[T]he term ‘record’ means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.” 5 U.S.C. § 552a(a)(4). “[T]he term ‘system of records’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.” 5 U.S.C. § 552a(a)(5).

[2] As stated in FAR 52.224-3 and Office of Management and Budget (OMB) Circular A-130, Managing Federal Information as a Strategic Resource (2016), “’personally identifiable information’ means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual.” Regarding “sensitive PII,” “[t]he sensitivity level of the PII will depend on the context, including the purpose for which the PII is created, collected, used, processed, stored, maintained, disseminated, disclosed, or disposed. For example, the sensitivity level of a list of individuals’ names may depend on the source of the information, the other information associated with the list, the intended use of the information, the ways in which the information will be processed and shared, and the ability to access the information.” OMB Circular A-130, at App. II-2.

[3] The DOJ OPCL Resources page is available at https://www.justice.gov/opcl/resources.

[4] As stated in DOJ Instruction 0900, “Contractors must notify the Contracting Officer, the Contracting Officer’s Representative, and JSOC (or component-level SOC) within 1 hour of discovering any incidents, including breaches, consistent with this Instruction, guidance issued by the CPCLO, NIST standards and guidelines, and the US-CERT notification guidelines.”

[5] https://www.justice.gov/file/4336/download [6] As stated in DOJ Instruction 0900, the description should include the type of information that constitutes PII; purpose for which PII is collected, maintained, and used; extent to which PII identifies a peculiarly vulnerable population; the determination of whether the information was properly encrypted or rendered partially or completely inaccessible by other means; format of PII (e.g., whether PII was structured or unstructured); length of time PII was exposed; any evidence confirming that PII is being misused or that it was never accessed.

[7] As stated in DOJ Instruction 0900, the report should include the nature of the cyber threat (e.g., Advanced Persistent Threat, Zero Day Threat, data exfiltration) for cyber incidents.

[8] As stated in DOJ Instruction 0900, the report should include analysis on whether the data is accessible, usable, and intentionally targeted.

[9] As defined in 40 U.S.C. § 11101, the term “information technology” means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use (i) of that equipment or (ii) of that equipment to a significant extent in the performance of a service or the furnishing of a product; includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including

15B41626Q00000004 Page 8 of 10 support services), and related resources; but does not include any equipment acquired by a federal contractor incidental to a federal contract.

[10] In this instance, the term “project” is used to scope the activities (e.g., creating, collecting, using, processing, storing, maintaining, disseminating, disclosing, or disposing of information) covered by an IPA. A project is intended to be technology-neutral, and may include an information system, a digital service, an information technology, a combination thereof, or some other activity that may create potential privacy issues or privacy risks that would benefit from an IPA. The scope of a project covered by an IPA is discretionary, but components should work with their SCOP and OPCL.

(End of Clause)

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Section 3 - List of Attachments

This Section Is Intentionally Left Blank

15B41626Q00000004 Page 10 of 10

Section 4 - Solicitation Provisions

This Section Is Intentionally Left Blank

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Deviation)

52.203-17 Contractor Employee Whistleblower Rights

52.203-19 Prohibition on Requiring Internal Confidentiality Agreements

52.204-13 System for Award Management – Maintenance (Deviation)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Deviation)

52.222-3 Convict Labor (Deviation)

52.222-19 Child Labor Cooperation (Deviation)

52.222-36 Equal Opportunity for Veterans (Deviation)

52.222-50 Combating Trafficking in Persons (Deviation)

52.223-23 Sustainable Products and Services (Deviation)

52.225-1 Buy American-Supplies (Deviation)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.232-33 Payment by Electronic Funds Transfer- System for Award Management

52.233-3 Protest After Award (Deviation)

52.233-4 Applicable Law for Breach of Contract Claim (Deviation)

2852.212-4 Contract Terms and Conditions, Commercial Items