15B10618Q00000020_Complete_Solicit_Pkg_(1).pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

June 29, 2018

RE: 15B10618Q00000020, Mortuary/Burial Services

Federal Correctional Complex (FCC) – Butner, TX

Dear Quoters:

This cover letter precedes the solicitation package that has been prepared by the Federal Bureau of Prisons, Federal Acquisition Office, for the acquisition of Mortuary/Burial Services. This package contains all necessary information for submitting a quote for evaluation for performing these services at FCC Butner, TX.

Quoters should consider all information provided herein when submitting quotes. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quotes.

All quotes must be received on or before July 27, 2018 at 4:00 pm Central Standard Time. Please follow the instructions for uploading all required documents on the GSA website.

If you have any further questions, please email them to ldthomas@bop.gov. We will consider all questions received and provide responses, where appropriate.

Sincerely, LaShundra D. Thomas, Contract Specialist

Field Acquisition Office mailto:ldthomas@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B10618Q00000020

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/29/2018

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

LaShundra D. Thomas ldthomas@bop.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 972-352-4529 (F) 972-352-4545

8. OFFER DUE DATE / LOCAL

TIME

07/27/2018 16:00:00

CODE 15BFA0

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: % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 812210

SIZE STANDARD: $7,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B106CODE15. DELIVER TO

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

CODE 15B10616. ADMINISTERED BY

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B106CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

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 NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

To provide Mortuary/Burial Services - - Mortician (99310) to FCC Butner according to the Statement of Work for a Base Year and four 12-month option period.

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE 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: REF. _____________________________ 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)

LaShundra Thomas

31c. DATE SIGNED

06/29/2018

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B10618Q00000020 Page 1 of 36

0615-17

19.

ITEM NO.

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. 2/2012) BACK

15B10618Q00000020 Page 2 of 36

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2-1 Schedule of Items/Contract Pricing 3 Contract Clauses

52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.21-603-71 Evaluation of Contractor Performance Utilizing CPARS (April 2011) DJAR-PGD-15-03 Security of Department Information and Systems Attachment 1 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2018)

4.1 Special Conditions

4 List of Attachments 5 Solicitation Provisions

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2017)

15B10618Q00000020 Page 3 of 36

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 To provide Mortuary/Burial Services - - Domestic Shipments, Base year: November 1, 2018 through October 31, 2019. (Estimated Maximum)

68.000000 EA $____________ $___________________

0002 To provide Mortuary/Burial Services - - International Shipments, Base year: November 1, 2018 through October 31, 2019.

(Estimated Maximum)

6.000000 EA $____________ $___________________

0003 To provide Mortuary/Burial Services - - Basic Embalming, Base year: November 1, 2018 through October 31, 2019. (Estimated Maximum)

5.000000 EA $____________ $___________________

0004 To provide Mortuary/Burial Services - - Cremations, Base year:

November 1, 2018 through October 31, 2019. (Estimated Maximum)

68.000000 EA $____________ $___________________

0005 To provide Mortuary/Burial Services - - Local Burial, Base year:

November 1, 2018 through October 31, 2019. (Estimated Maximum)

6.000000 EA $____________ $___________________

0006 Total for Base Year - - November 1, 2018 through October 31, 2019. (Sum of Lines 1-5).

1.000000 $____________ $___________________

0007 To provide Mortuary/Burial Services - - Domestic Shipments, Option year 1: November 1, 2019 through October 31, 2020.

(Estimated Maximum)

68.000000 EA $____________ $___________________

0008 To provide Mortuary/Burial Services - - International Shipments, Option year 1: November 1, 2019 through October 31, 2020.

(Estimated Maximum)

6.000000 EA $____________ $___________________

0009 To provide Mortuary/Burial Services - - Basic Embalming, Option year 1: November 1, 2019 through October 31, 2020. (Estimated Maximum)

5.000000 EA $____________ $___________________

0010 To provide Mortuary/Burial Services - - Cremations, Base year:

Option year 1: November 1, 2019 through October 31, 2020.

(Estimated Maximum)

68.000000 EA $____________ $___________________

0011 To provide Mortuary/Burial Services - - Local Burial, Option year 1:

November 1, 2019 through October 31, 2020. (Estimated Maximum)

6.000000 EA $____________ $___________________

0012 Total for Option Year 1 - - November 1, 2019 through October 31, 2020. (Sum of Lines 7-11).

1.000000 EA $____________ $___________________

0013 To provide Mortuary/Burial Services - - Domestic Shipments, Option year 2: November 1, 2020 through October 31, 2021.

(Estimated Maximum)

68.000000 EA $____________ $___________________

0014 To provide Mortuary/Burial Services - - International Shipments, Option year 2: November 1, 2020 through October 31, 2021.

(Estimated Maximum)

6.000000 EA $____________ $___________________

0015 To provide Mortuary/Burial Services - - Basic Embalming, Option year 2: November 1, 2020 through October 31, 2021. (Estimated Maximum)

5.000000 EA $____________ $___________________

0016 To provide Mortuary/Burial Services - - Cremations, Option year 2:

November 1, 2020 through October 31, 2021. (Estimated Maximum)

68.000000 EA $____________ $___________________

0017 To provide Mortuary/Burial Services - - Local Burial, Option year 2:

November 1, 2020 through October 31, 2021. (Estimated Maximum)

6.000000 EA $____________ $___________________

15B10618Q00000020 Page 4 of 36

EA

0018 Total for Option Year 2 - - November 1, 2020 through October 31, 2021. (Sum of Lines 13-17).

1.000000 EA $____________ $___________________

0019 To provide Mortuary/Burial Services - - Domestic Shipments, Option year 3: November 1, 2021 through October 31, 2022.

(Estimated Maximum)

68.000000 EA $____________ $___________________

0020 To provide Mortuary/Burial Services - - International Shipments, Option year 3: November 1, 2021 through October 31, 2022.

(Estimated Maximum)

6.000000 EA $____________ $___________________

0021 To provide Mortuary/Burial Services - - Basic Embalming, Option year 3: November 1, 2021 through October 31, 2022. (Estimated Maximum)

5.000000 EA $____________ $___________________

0022 To provide Mortuary/Burial Services - - Cremations, Option year 3:

November 1, 2021 through October 31, 2022. (Estimated Maximum)

68.000000 EA $____________ $___________________

0023 To provide Mortuary/Burial Services - - Local Burial, Option year 3:

November 1, 2021 through October 31, 2022. (Estimated Maximum)

6.000000 EA $____________ $___________________

0024 Total for Option year 3: November 1, 2021 through October 31, 2022. (Estimated Maximum)

1.000000 EA $____________ $___________________

0025 To provide Mortuary/Burial Services - - Domestic Shipments, Option Year 4 - - November 1, 2022 through October 31, 2023.

(Estimated Maximum)

68.000000 EA $____________ $___________________

0026 To provide Mortuary/Burial Services - - International Shipments, Option Year 4 - - November 1, 2022 through October 31, 2023.

(Estimated Maximum)

6.000000 EA $____________ $___________________

0027 To provide Mortuary/Burial Services - - Basic Embalming, Option Year 4 - - November 1, 2022 through October 31, 2023. (Estimated Maximum)

5.000000 EA $____________ $___________________

0028 To provide Mortuary/Burial Services - - Cremations, Option Year 4 -

- November 1, 2022 through October 31, 2023. (Estimated Maximum)

68.000000 EA $____________ $___________________

0029 To provide Mortuary/Burial Services - - Local Burial, Option Year 4 -

- November 1, 2022 through October 31, 2023. (Estimated Maximum)

6.000000 EA $____________ $___________________

0030 Total for Option Year 4 - - November 1, 2022 through October 31, 2023. (Sum of Lines 25-29).

1.000000 EA $____________ $___________________

0031 Total for Base Year and All Option Years (Sum of Lines 6, 12, 18, 24, 30).

1.000000 EA $____________ $___________________

2-1 Schedule of Items/Contract Pricing

Current Incumbent International Mortuary Shipping, LLC dba Sprow Mortuary Services, DJBP010600000076, in the amount of $1,380,495.00 and expires on October 31, 2018.

This is a notice that this blanket purchase agreement is a set-aside for "total small business concerns". Only quotes submitted by "small business concerns" will be accepted by the Government. Any quote that is submitted by a contractor that is not a "small business concern" will not be considered for award.

Please complete the above information when preparing your quote for the five contracts. Any resulting award will be a firm-fixed price, indefinite delivery requirements type blanket purchase agreement. As such, quantities listed are estimates only and are not a representation to a quoter or contractor that the estimated quantities will be required or ordered or that conditions affecting require-ments will be stable or normal (FAR 16.503(a)(1)). Quotes will be evaluated for award based upon price and contractor responsibil-ity.

The contractor will be contacted by the contracting officer or his/her designee and notified of an inmate death. The contracting officer

15B10618Q00000020 Page 5 of 36 or his/her designee will provide the contractor with the inmate’s name and location of the body. Within two hours of notification, the contractor will pick the body up at FCC Butner Complex or occasionally at a local community hospital. The contractor will be re-quired to pick up the body within two hours of notification. The contractor shall deliver all bodies to the State of North Carolina Med-ical Examiner’s Office. Once the body is released from the Medical Examiner’s Office, the contractor shall transport the body to a fu-neral home for embalming and body preparation.

The contracting officer will notify the contractor of final arrangement to be made: 1) local burial, 2) cremation, or 3) shipment of re-mains.

Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203 (d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

NOTE: A single blanket purchase agreement shall be made to the responsive/responsible quoter whose quote, conforming to the soli-citation, is determined to be lowest price to the Government. Rate of remuneration will be based on each service, which will include all overhead, profit, administrative costs, etc., being charged by the Contractor. This service is covered by the Service Contract Labor Standards.

Non-displacement of Qualified Workers: The Contractor and its subcontractors shall in good faith offer those service employees em-ployed under the predecessor contract or BPA whose employment will be terminated a right of first refusal of employment under this contract.

15B10618Q00000020 Page 6 of 36

Section 3 - Contract Clauses

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)

52.232-18 Availability Of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

Clauses By Full Text

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective performance period through the last day of the effective performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one ser-vice, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the con-tract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current performance period; or

(2) Any order for a combination of items in excess of estimated quantities identified in the Schedule of Items within the current per-formance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para-graph (b)(1) or (2) of this section.

(c)If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula-tion (FAR)), the Government is not required to order a part of any of one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-

15B10618Q00000020 Page 7 of 36 tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con-tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con-tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con-tractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the current per-formance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage - Fringe Benefits 99310 (Mortician) $36.45 plus fringe benefits

(End of clause)

15B10618Q00000020 Page 8 of 36

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exer-cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri-ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.21-603-71 Evaluation of Contractor Performance Utilizing CPARS (April 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15.

Contract monitoring reports will be prepared by the Contracting Officer's Technical Representative (COTR) or Contract Monitor CM) and maintained in the contract file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide Con-tractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations.

The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The con-tractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain a "'user ID" and temporary password to re-gister in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

Associated Lines:

DJAR-PGD-15-03 Security of Department Information and Systems Attachment 1

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ require-ments applicable to this Contract. The requirements established herein are in addition to those required by the Feder-al Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obliga-tion or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable informa-tion” (“PII”), regardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, in-cluding, but not limited to, information related to education, financial transactions, medical history, and criminal or employment his-tory and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social secur-ity number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the cus-tody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, pro-cessing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, 15B10618Q00000020 Page 9 of 36

“processing, storing, or transmitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the pro-cessing, storing, or transmitting of DOJ Information.

III. Confidentiality and Non-disclosure of DOJ Information

A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Represent-ative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associ-ated working papers and materials in accordance with FAR 52.227-14.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S. Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annu-ally), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).

IV. Compliance with Information Technology Security Policies, Procedures and Requirements

A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of in-sider threats to users and managers of DOJ Information and Covered Information Systems;

3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hard-ware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enfor-cing security configuration settings for IT products employed in Information Systems;

7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Informa-tion System backups;

8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentica-tion methods where required;

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate pre-paration, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contractor’s organization and the DOJ;

10. Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;

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12. Protecting Covered Information System media containing DOJ Information, including paper, digital and electron-ic media; limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System me-dia containing DOJ Information before disposal, release or reuse of such media;

13. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered In-formation Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical facilities and support infrastructure for such Information Systems;

14. Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Secur-ity standards;

15. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilit-ies and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;

16. Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the con-trols;

17. Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the ex-ternal boundaries and key internal boundaries of such Information Systems, and employing architectural designs, soft-ware development techniques, and systems engineering principles that promote effective security; and

18. Identifying, reporting, and correcting Covered Information System security flaws in a timely manner, providing protec-tion from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate action in response.

B. Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtain-ing an Authority to Operate (“ATO”) for each Covered Information System. The ATO shall be signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under this contract. The DOJ standards and requirements for obtaining an ATO may be found at DOJ Order 2640.2, as amended. (For Cloud Computing Systems, see Section V, below.)

C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, management, or main-tenance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Chief Information Officer, and the DOJ Security Officer.

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidential-ity, integrity, and availability of DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic informa-tion, regarding a Covered Information System, and (2) physical access to Contractor’s facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, sys-tem penetration testing, and FISMA data reviews by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

E. The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause is prohibited until Contractor provides a letter to the DOJ CO, and obtains the CO’s approval, certifying com-pliance with the following requirements:

1. Media must be encrypted using a NIST FIPS 140-2 approved product;

2. Contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

3. Where applicable, media must utilize antivirus software and a host- based firewall mechanism;

4. Contractor must log all computer-readable data extracts from databases holding DOJ Information and verify that each extract including such data has been erased within 90 days of extraction or that its use is still required. All DOJ Information is sensitive information unless specifically designated as non-sensitive by the DOJ; and,

5. A Rules of Behavior (“ROB”) form must be signed by users. These rules must address, at a minimum, authorized and official use, prohibition against unauthorized users and use, and the protection of DOJ Information. The form also must notify the user that he or she has no reasonable expectation of privacy regarding any communications transmitted through or data stored on Contractor-owned laptops or other portable digital or electronic media.

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F. Contractor-owned removable media containing DOJ Information shall not be removed from DOJ facilities without pri-or approval of the DOJ CO or COR.

G. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with DOJ secur-ity requirements.

H. Contractor must keep an accurate inventory of digital or electronic media used in the performance of DOJ contracts.

I. Contractor must remove all DOJ Information from Contractor media and return all such information to the DOJ within 15 days of the expiration or termination of the contract, unless otherwise extended by the CO, or waived (in part or whole) by the CO, and all such information shall be returned to the DOJ in a format and form acceptable to the DOJ. The removal and return of all DOJ Information must be accomplished in accordance with DOJ IT Security Standard requirements, and an official of the Contract-or shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the remov-al and return of all DOJ Information.

J. DOJ, at its discretion, may suspend Contractor’s access to any DOJ Information, or terminate the contract, when DOJ suspects that Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incid-ent (see Section V.E. below), where the Department determines that either event gives cause for such action. The suspension of access to DOJ Information may last until such time as DOJ, in its sole discretion, determines that the situation giving rise to such action has been corrected or no longer exists. Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to the DOJ, and that upon request by the CO, Contractor must immediately return all DOJ Informa-tion to DOJ, as well as any media upon which DOJ Information resides, at Contractor’s expense.

V. Cloud Computing

A. Cloud Computing means an Information System having the essential characteristics described in NIST SP 800-145, The NIST Definition of Cloud Computing. For the sake of this provision and clause, Cloud Computing includes Software as a Service, Plat-form as a Service, and Infrastructure as a Service, and deployment in a Private Cloud, Community Cloud, Public Cloud, or Hybrid Cloud.

B. Contractor may not utilize the Cloud system of any CSP unless:

1. The Cloud system and CSP have been evaluated and approved by a 3PAO certified under FedRAMP and Contractor has provided the most current Security Assessment Report (“SAR”) to the DOJ CO for consideration as part of Contractor’s overall System Security Plan, and any subsequent SARs within 30 days of issuance, and has received an ATO from the Authoriz-ing Official for the DOJ component responsible for maintaining the security confidentiality, integrity, and availability of the DOJ Information under contract; or,

2. If not certified under FedRAMP, the Cloud System and CSP have received an ATO signed by the Authoriz-ing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ In-formation under the contract.

C. Contractor must ensure that the CSP allows DOJ to access and retrieve any DOJ Information processed, stored or trans-mitted in a Cloud system under this Contract within a reasonable time of any such request, but in no event less than 48 hours from the request. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall include any schemas, meta-data, and other associated data artifacts.

VI. Information System Security Breach or Incident

A. Definitions

1. Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed unauthorized exposure, loss of control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any DOJ Information accessed by, retrievable from, processed by, stored on, or transmitted within, to or from any such system.

2. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed, Covered Informa-tion System Security Breach.

3. Security Incident means any Confirmed or Potential Covered Information System Security Breach.

B. Confirmed Breach. Contractor shall immediately (and in no event later than within 1 hour of discovery) report any Con-firmed Breach to the DOJ CO and the CO's Representative (“COR”). If the Confirmed Breach occurs outside of regular business

15B10618Q00000020 Page 12 of 36 hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call DOJ-CERT at 1-866-US4-CERT (1-866-874-2378) immediately (and in no event later than within 1 hour of discovery of the Confirmed Breach), and shall notify the CO and COR as soon as practicable.

C. Potential Breach.

1. Contractor shall report any Potential Breach within 72 hours of detection to the DOJ CO and the COR, unless Con-tractor has (a) completed its investigation of the Potential Breach in accordance with its own internal policies and procedures for iden-tification, investigation and mitigation of Security Incidents and (b) determined that there has been no Confirmed Breach.

2. If Contractor has not made a determination within 72 hours of detection of the Potential Breach whether an Confirmed Breach has occurred, Contractor shall report the Potential Breach to the DOJ CO and COR within one-hour (i.e., 73 hours from detec-tion of the Potential Breach). If the time by which to report the Potential Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call the DOJ Computer Emergency Readiness Team (DOJ-CERT) at 1-866-US4-CERT (1-866-874-2378) within one-hour (i.e., 73 hours from detection of the Potential Breach) and contact the DOJ CO and COR as soon as practicable.

D. Any report submitted in accordance with paragraphs (B) and (C), above, shall identify (1) both the Information Systems and DOJ Information involved or at risk, including the type, amount, and level of sensitivity of the DOJ Information and, if the DOJ Information contains PII, the estimated number of unique instances of PII, (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the US- CERT Federal Incident Notification Guidelines, including the functional impact, information impact, impact to recoverability, threat vector, mitigation details, and all available incident details; and (4) any other information specifically requested by the DOJ. Contractor shall continue to provide written updates to the DOJ CO regarding the status of the Security Incident at least every three (3) calendar days until in-formed otherwise by the DOJ CO.

E. All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Se-curity Incident will be made by DOJ senior officials or the DOJ Core Management Team at DOJ’s discretion.

F. Upon notification of a Security Incident in accordance with this section, Contractor must provide to DOJ full access to any affected or potentially affected facility and/or Information System, including access by the DOJ OIG and Federal law enforce-ment organizations, and undertake any and all response actions DOJ determines are required to ensure the protection of DOJ Information, including providing all requested images, log files, and event information to facilitate rapid resolution of any Security Incident.

G. DOJ, at its sole discretion, may obtain, and Contractor will permit, the assistance of other feder-al agencies and/or third party contractors or firms to aid in response activities related to any Security Incident. Additionally, DOJ, at its sole discretion, may require Contractor to retain, at Contractor’s expense, a Third Party Assessing Organization (3PAO), accept-able to DOJ, with expertise in incident response, compromise assessment, and federal security control requirements, to conduct a thor-ough vulnerability and security assessment of all affected Information Systems.

H. Response activities related to any Security Incident undertaken by DOJ, including activities undertaken by Contract-or, other federal agencies, and any third-party contractors or firms at the request or direction of DOJ, may include inspections, invest-igations, forensic reviews, data analyses and processing, and final determinations of responsibility for the Security Incid-ent and/or liability for any additional response activities. Contractor shall be responsible for all costs and related resource allocations required for all such response activities related to any Security Incident, including the cost of any penetration testing.

VII. Personally Identifiable Information Notification Requirement

Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual who’s Person-ally Identifiable Information (“PII”) was, or is reasonably determined by DOJ to have been, compromised. Any notification shall be coordinated with the DOJ CO and shall not proceed until the DOJ has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by Contractor shall be coordin-ated with, and subject to the approval of, DOJ. Contractor shall be responsible for taking corrective action consistent with DOJ Data Breach Notification Procedures and as directed by the DOJ CO, including all costs and expenses associated with such correct-ive action, which may include providing credit monitoring to any individuals whose PII was actually or potentially compromised.

VIII. Pass-through of Security Requirements to Subcontractors and CSPs

The requirements set forth in the preceding paragraphs of this clause apply to all subcontractors and CSPs who perform work in con-nection with this Contract, including any CSP providing services for any other CSP under this Contract, and Contractor shall flow down this clause to all subcontractors and CSPs performing under this contract. Any breach by any subcontractor or CSP of any of the provisions set forth in this clause will be attributed to Contractor.

(End of Clause)

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4.1 Special Conditions

TYPE OF CONTRACT:

The Government contemplates award of a firm fixed requirements contract resulting from this solicitation. It is anticipated that the Date of Award resulting from this solicitation will be made approximately in September 2018 with an Effective Date of Award of November 1, 2018.

The resulting contract will include four 12-month option periods for renewal at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.103(b) and 52.217-9, "Option to Extend the Term of the Contract". " Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options.

Pursuant to FAR 17.203(d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

NON-PERSONAL SERVICES STATUS:

Award of this contract shall not be construed as a personnel appointment, but the result of a contractual arrangement only. The ser-vices shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the Contractor's own unsupervised determination.

The Contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

At present, no COR has been assigned to this requirement and will be assigned after award. The COR will periodically evaluate the contractor’s performance of the contract. In this evaluation, the performance of individual contract instructors will be evaluated by the COR and/or the Health Services Administrator. If the performance of an individual contractor is deemed unacceptable based on the COR and/or Health Services Administrator, that contractor will no longer perform those Mortuary/Burial duties. In this event, the company will be responsible for replacing that contractor. All duties outlined in this Statement of Work shall be performed in accord-ance with standards and methods generally accepted within the Contractor’s own field of expertise.

REVIEWS:

The Contracting Officer or designee is authorized to review by on-site…