15B10125Q00000023 with Specs.pdf

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Attached to
HVAC training system- FPC Alderson Federal contract opportunity
Solicitation number
15B10125Q00000023
Issued by
Department of Justice Bureau of Prisons Field Acquisition Office

About this file

This is a Federal Bureau of Prisons solicitation (RFQ) 15B10125Q00000023 for HVAC training equipment for Federal Prison Camp Alderson, issued on May 14, 2025, with quotes due by 10:00 AM EST on May 16, 2025. The solicitation seeks three specific training systems: 1) Amatrol T7100 Residential Heat Pump Troubleshooting Training System, 2) Amatrol 96-ADE1 AC/DC Electrical 1 Learning System, and 3) Amatrol T7045 Basic Refrigeration Learning System (or equivalent), with one unit required for each line item.

The procurement is a total small business set-aside with NAICS code 333415 and a size standard of 1,250 employees. The government will evaluate quotes based on three factors: price (to ensure fairness), technical acceptance (a Go/No Go evaluation requiring Bureau of Prisons Special Authorization), and past performance (also a Go/No Go assessment). Delivery terms are F.O.B. destination to Federal Prison Camp Alderson in West Virginia, with delivery terms negotiable upon award. Interested vendors must submit quotes via email to the Contracting Officer, Charles Coushaine, and are advised to monitor SAM.gov for updates.

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CONTRACTOR’S INFORMATION SHEET

15B10125Q00000023

FPC Alderson – HVAC Trainer Equipment

Name of Company: _______________________________

Unique Entity ID: _______________________________

Cage Code: _______________________________

Point of contact name: _______________________________

Email Address: _______________________________

Phone Number: _______________________________

15B10125Q00000023 Page 1 of 32

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER

15B10125PR000111

PAGE 1 OF

5. SOLICITATION NUMBER

15B10125Q00000023

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/14/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BOP-ADM-FAO-FIELDACQUISITIONOFFICE-

S@bop.gov

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

05/16/2025 10:00 ET

CODE 15B0AT

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

333415

SIZE STANDARD:

1250 Employees

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO

SEE SCHEDULE

CODE 15B10116. ADMINISTERED BY

Federal Bureau of Prisons FPC Alderson One Glen Ray Road Alderson, WV 24910

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B101CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FPC Alderson One Glen Ray Road Alderson, WV 24910

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

HVAC Training equipment Firm Fixed Price

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Charles Coushaine

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15B10125Q00000023 Page 2 of 32

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

15B10125Q00000023 Page 3 of 32

Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule 2 Contract Clauses

52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) 52.212-5 (DEV) Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025) (DEVIATION FEB 2025)

3 List of Attachments 4 Solicitation Provisions

52.204-7 System for Award Management (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.211-6 Brand Name or Equal (Aug 1999) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.212-3 (DEV) Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) (DEVIATION FEB 2025) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

15B10125Q00000023 Page 4 of 32

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 T7100 Residential Heat Pump Troubleshooting Learning System, Brand name or equal. See attached requirements sheet.

PSC: 6910

Delivery Schedule:

Quantity: 1.000000

Delivery Address: Federal Bureau of Prisons FPC Alderson One Glen Ray Road Alderson, WV 24910

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 96-ADE1 AC/DC Electrical 1 Learning System, Brand Name or equal. See attached requirements sheet.

FPC Alderson One Glen Ray Road Alderson, WV 24910

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 T7045 Basic Refrigeration Learning System, Brand name or equal.

See attached requirements sheet.

FPC Alderson One Glen Ray Road Alderson, WV 24910

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Shipping

FPC Alderson One Glen Ray Road Alderson, WV 24910

1 EA $________ $_________________

Line Item 1 Solicitation for Brand Name or Equal Residential Heat Pump Troubleshooting Learning System: T7100

Description:

FPC Alderson seeks to acquire a Residential Heat Pump Troubleshooting Learning System that meets or exceeds the specifications of the Amatrol T7100 Residential Heat Pump Troubleshooting Training System. This system will be used in a training environment to teach technicians how to diagnose, troubleshoot, and maintain residential heat pump systems. Offerors are invited to submit proposals for an equivalent product that meets or exceeds the salient characteristics specified below.

Salient Physical, Functional, and Performance Characteristics for Equal Products:

Physical Characteristics:

1. Modular Design:

The system must include modular components that simulate various parts of a residential heat pump system, including but not limited to:

o Compressor o Condenser fan o Expansion valve o Reversing valve o Thermostat o Sensors and control components

2. Mobile Workstation:

The mobile workstation shall be made of 1.5-inch steel tubing frame with a floor-standing design. Components shall be mounted directly to the frame and/or on vertical stainless-steel panels. Adjustable casters shall be attached to the bottom of the frame. It shall include the following components:

o Heat Pump Condenser o Heat Pump Air Handler with Evaporator and Electric Heater o Electronic Thermostat o Disconnect Fuse Box o Condensate Pump o Filter/Drier o Gauge Set o Temperature Probe o Computer-Based Fault Insertion System o Transparent housings, pipes, and ducting with LED illumination that allows learners to see inside the system.

3. Durability:

The system must be built using high-quality, durable materials that can withstand repetitive training use. Components must be securely mounted to prevent damage during transportation and handling.

4. Power Supply:

The system must operate on standard electrical power (120V or 240V AC) with the ability to safely simulate electrical faults within the heat pump system for training purposes.

Functional Characteristics:

1. Realistic Heat Pump Simulation:

The system must simulate common residential heat pump systems, including air-source heat pumps, and provide hands-on experience with common components such as compressors, fans, thermostats, and reversing valves.

2. Troubleshooting Scenarios:

The system must include the ability to simulate common operational issues and faults, such as:

o Low refrigerant charge o Blocked airflow o Thermostat malfunction o Electrical failures o Compressor or fan failure o Control board or sensor issues

These fault scenarios must be easily initiated by the instructor and clearly visible or detectable by the student through feedback (e.g., LED lights, fault codes, or audio cues).

3. Interactive Control Panel:

The system must feature a control panel or interface that allows instructors and students to simulate and interact with fault conditions. The panel must display fault codes or diagnostic feedback to guide troubleshooting efforts.

4. Instructional Support Materials:

The system must include comprehensive training materials that provide step-by-step troubleshooting instructions, explanations of various fault conditions, and instructional guides. The materials should be suitable for both beginners and intermediate students. The student curriculum shall consist of one (1) set of five (5) interactive multimedia eLearning curriculum modules with multiple industry skills covering the following topics: thermostat operation, pressure and temperature measurements, component tests, and system troubleshooting. The student curriculum shall be designed in a skill-based format that focuses on teaching industry relevant tasks. The objectives shall be accomplished by organizing the learning material into multiple segments per module. All learning material needed shall be contained in the modules, including text material, laboratory equipment activities, and multimedia directions. No external text sources shall be required. The specific cognitive skills taught by each text passage shall be identified next to the passage.

Each lab activity shall be identified by the industrial task taught. All activities shall be highly detailed with step-by-step instructions to facilitate a self-directed learning environment. A combination of step-by-step enabling activities and creative, problem-solving activities shall be provided. A self-review of five to ten questions shall be provided after each segment. The curriculum must be capable of both self-directed and instructor-directed study. All activities must correlate directly to the hardware supplied, with detailed illustrations and diagrams.

5. Multiple Difficulty Levels:

The system must allow instructors to modify the complexity of fault conditions, providing flexibility in the training program. This feature should allow for graduated learning, from basic troubleshooting to more complex fault diagnosis.

Performance Characteristics:

1. Reliability and Stability:

The system must demonstrate high reliability with minimal downtime or failure during operation. It must be designed for frequent use in an educational setting, ensuring that students can complete their training exercises without interruption.

2. Safety Features:

The system must include safety features to prevent accidents during use, including overcurrent protection, electrical safety cutoffs, and physical guards around moving or potentially hazardous parts.

3. Feedback Mechanism:

The system must provide clear and accurate feedback when faults are simulated. This feedback can include visual indicators (LED lights), audible cues (sound alarms), or digital fault codes, helping students identify the cause of the problem.

4. Diagnostic Capability:

The system should be able to guide students in diagnosing faults step-by-step, using diagnostic tools such as voltmeters, ammeters, and pressure gauges. The system must support practical exercises that mimic real-world diagnostic processes.

5. Ease of Use:

The system should have an intuitive interface that is easy for both instructors and students to navigate. The system’s controls, fault simulation methods, and feedback should be user-friendly.

6. Maintenance and Support:

The product must be supported by a warranty for a minimum of [Insert Years] years, with access to technical support and repair services. The supplier must also provide maintenance guides for instructors to ensure longevity of the system.

Equal Products Submission Requirements:

To be considered equal to the Amatrol T7100 model, the offeror must provide the following:

• Product Specifications: Detailed specifications outlining how the proposed product meets or exceeds the characteristics listed in this solicitation.

• Manufacturer and Model Information: Provide the full manufacturer’s name, model number, and any additional product details.

• Training and Support Documentation: Information about the available instructional materials, software (if applicable), and any training or troubleshooting guides included with the system.

• Warranty and Maintenance: Details on the warranty terms, duration of coverage, and available maintenance support.

• References: If available, provide references or case studies from similar institutions or organizations that have used the proposed system.

Line Item 2

Solicitation for Brand Name or Equal Amatrol 96-ADE1 AC/DC Electrical 1 Learning System

FPC Alderson seeks to acquire the Amatrol 96-ADE1 AC/DC Electrical 1 Learning System or an equal product that meets or exceeds the specifications outlined below. This system is intended for use in a technical training environment to teach students fundamental concepts in AC and DC electrical systems. The system should include all necessary components for building and testing electrical circuits, along with supporting instructional materials.

Proposals may be submitted for equal products that meet or exceed the following specifications.

1. Workstation Table:

• Recommended Table: 82-610 Mobile Technology Workstation or equal.

• Physical Characteristics:

o Mobile, adjustable workstation designed for tabletop use in educational environments.

o Includes ample space for system components and equipment.

o Must have durable construction with lockable caster wheels for easy movement and secure placement during training.

o Designed to support the entire AC/DC Electrical Learning System and associated tools.

o Must include electrical outlets for powering system components and proper cable management.

2. AC/DC Electrical 1 Learning System:

• Model: T7017-H1 AC/DC Electrical System or equal.

• Physical Characteristics:

o Modular training system that allows students to build, troubleshoot, and test AC and DC circuits.

o The system should include real components, such as power supplies, resistors, capacitors, and other standard circuit elements to create a hands-on learning environment.

o Must be compact and portable, with a weight that is manageable for classroom environments.

• Functional Characteristics:

o The system must support the construction of basic electrical circuits, including series, parallel, and mixed configurations.

o The system must include the ability to simulate common faults within the circuits (e.g., open circuits, short circuits, incorrect component connections).

o Should offer clear feedback for troubleshooting, such as LED indicators, multimeter readings, or fault codes.

o Must support both beginner and intermediate-level circuit-building and troubleshooting tasks.

3. Student Curriculum and Instructor Resources:

• Curriculum: NB707 Student Curriculum - Interactive PC-Based Multimedia or equal.

o The curriculum must be interactive and PC-based, providing comprehensive lessons on AC/DC electrical principles, circuit construction, and troubleshooting techniques.

o The multimedia format must allow students to follow guided learning paths and provide self-paced learning options.

• Instructor Resources:

o CB707 Instructor’s Guide or equal:

A detailed guide that supports instructors in teaching AC/DC electrical concepts, including instructions for system setup, circuit construction, and troubleshooting.

o KB707 Instructor’s Resource Print CD or equal:

Digital CD resource containing additional materials, troubleshooting guides, and classroom management tools to assist instructors in delivering the course content.

o DB707 Installation Guide or equal:

A detailed installation guide to set up the system, including step-by-step instructions for assembling and configuring the AC/DC electrical learning system.

o HB707 Student Reference Guide or equal:

A reference guide for students, containing key concepts, circuit diagrams, troubleshooting tips, and additional reading materials to support classroom learning.

To be considered equal, the proposed system must meet or exceed the following requirements:

1. Product Specifications: Detailed specifications for each component, showing how the proposed product meets or exceeds the characteristics described in this solicitation.

2. Manufacturer Information: Full manufacturer name, model numbers, and any additional product details.

3. Training Materials: Description of included student curriculum, instructor guides, resource CDs, and installation guides.

4. Warranty and Support: Information about the warranty duration, maintenance support, and access to technical assistance.

5. References: Provide any references or case studies from other institutions or organizations that have implemented the proposed product.

Line Item 3 Solicitation for Brand Name or Equal Amatrol T7045 Basic Refrigeration Learning System

FPC Alderson seeks to acquire the Amatrol T7045 Basic Refrigeration Learning System or an equal product that meets or exceeds the specifications outlined below. The system will be used in a technical training environment to teach students the fundamental principles of refrigeration, including basic components such as compressors, coils, temperature control, and refrigerants.

Proposals are invited for equal products that meet or exceed the following specifications, which include all necessary components and instructional resources.

1. Workstation Table:

• Recommended Table: 82-610 Mobile Technology Workstation or equal.

• Physical Characteristics:

o A mobile, adjustable workstation designed for tabletop use in educational environments.

o Should provide ample space for the system’s components, with sturdy construction and lockable caster wheels for mobility and secure placement.

o Must include electrical outlets for powering system components and proper cable management to ensure a safe and organized work environment.

o Must include Transparent sections in the refrigerant lines allow students to observe the refrigerant as it changes from gas to liquid as it travels through various components.

o Temperature and pressure gauges are installed in multiple locations providing students a be er understanding of how the refrigeration cycle works.

o Industry-standard components ensure learners gain experience with operating, monitoring and adjusting refrigeration cycles on systems that they’ll see in the field.

2. Basic Refrigeration Learning System Components:

• Cooling Chamber:

o Must simulate real-world refrigeration systems, capable of mimicking temperature changes and refrigerant flow.

o The chamber should be insulated to minimize heat loss and allow for accurate temperature control and observation.

• Hermetic Compressor:

o Must include a hermetically sealed compressor suitable for refrigeration training, capable of simulating the basic operation of refrigerant cycling through the system.

o The compressor should be properly sized for the system to provide realistic operational feedback during training.

• Evaporator Coil:

o A functioning evaporator coil designed to operate within the context of refrigeration systems, allowing students to observe the heat absorption process as refrigerant cycles through the system.

• Condenser Coil:

o The system must include a condenser coil to simulate the condensation process of refrigerant in a refrigeration cycle.

o The coil should be designed for educational use, with appropriate connectors for installation and removal during training exercises.

• Temperature Controller:

o The system must include a temperature controller to allow for the adjustment and monitoring of temperatures within the cooling chamber and other key components.

o The controller should provide visual feedback (e.g., digital display, indicator lights) to indicate temperature settings and actual temperatures for educational purposes.

• R134a Refrigerant:

o The system should be pre-charged with R134a refrigerant, or the equal product must be capable of using a commonly accepted, non-ozone-depleting refrigerant suitable for educational use.

3. Student Curriculum and Instructor Resources:

• Student Curriculum: M19176 Student Curriculum - Interactive PC-Based Multimedia or equal.

o The curriculum must be interactive and PC-based, guiding students through the principles of refrigeration and the operation of the components in the learning system.

o The curriculum should cover fundamental topics such as refrigeration cycles, component operation, troubleshooting, and system diagnostics.

• Instructor Resources:

o C19176 Instructor’s Guide or equal:

A detailed guide to assist instructors in teaching refrigeration principles, system setup, and troubleshooting.

o K19176 Instructor’s Resource Print CD or equal:

A CD resource containing additional instructional materials, troubleshooting techniques, and classroom management tools.

o D19176 Installation Guide or equal:

A step-by-step installation guide for setting up and configuring the refrigeration learning system.

o H19176 Student Reference Guide or equal:

A comprehensive student reference guide containing key concepts, diagrams, troubleshooting tips, and additional materials to support the learning process.

To be considered equal, the proposed system must meet or exceed the following requirements:

1. Product Specifications: Detailed specifications for each component, demonstrating how the proposed product meets or exceeds the required characteristics.

2. Manufacturer Information: Full manufacturer name, model numbers, and any other product details for all system components.

3. Training Materials: Description of the student curriculum, instructor guides, and additional resources (e.g., CDs, installation manuals).

4. Warranty and Support: Information regarding the warranty duration, maintenance support, and technical assistance available after purchase.

5. References: If available, provide references or case studies from other institutions or organizations that have used the proposed product.

15B10125Q00000023 Page 5 of 32

Section 2 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

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): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR

Deviation) (NOV 2020)

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

15B10125Q00000023 Page 6 of 32 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).

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.

15B10125Q00000023 Page 7 of 32

(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 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.

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(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.

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, 15B10125Q00000023 Page 9 of 32 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 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).

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[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 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)

DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021)

Work performed under this contract will involve any one or more of the following: access to DOJ Information, which may include Controlled Unclassified Information (CUI), i.e., unclassified, sensitive DOJ information, and/or access to DOJ Information Technology (IT) systems, and/or unescorted access to DOJ space or facilities. Contractor employees will occupy Public Trust Positions, unless clause alternates are applied.

1. General Requirements

(a) (1) All references to “contract(or) personnel” and “contract(or) employee” in this clause means all individuals, without limitation, to include individuals employed by the contractor, team member, subcontractor, consultant, and/or independent contractor, who will have access to information of the Department of Justice (DOJ) or information that is within the custody and control of the DOJ, access to DOJ IT systems, and/or unescorted access to DOJ facilities/space in connection with the performance of this contract. “Employment” as used herein does not create nor imply an employer/employee relationship between the DOJ and contractor employees.

(b) (1) The type of security investigation required for each contractor employee will be governed by the type and risk level of information made available to the contractor employee. The contractor will not be permitted to commence

15B10125Q00000023 Page 11 of 32 performance under this contract until a sufficient number of its personnel, as determined by the Security Programs Manager (SPM), in…

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