FCI OTV 4th Qtr Kosher Halal items.pdf
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- FCI Otisville 4th Qtr Kosher/Halal items
- Solicitation number
- 15B21125Q00000015
About this file
This document is a Request for Quotation (RFQ) from the Federal Bureau of Prisons, Federal Correctional Institution (FCI) Otisville, seeking kosher and halal food items for delivery in July 2025. The solicitation (Number 15B21125Q00000015) is a small business set-aside for a firm-fixed price contract, with quantities ranging from 144 to 10,000 units across 36 line items. The food items include various kosher and halal meals such as chicken wings, meatballs, chicken cacciatore, fish fillets, vegetable protein meals, omelets, bologna, tuna, sardines, cereal, bread, potato chips, margarine, and milk.
Key procurement details include a solicitation release date of July 1, 2025, with quotes due by June 4, 2025 at 5:00 PM ET. Vendors must be registered in the System for Award Management (SAM) as a small business. The evaluation will consider price, past performance, and technical factors, with past performance weighted more heavily than price and technical considerations. Delivery is FOB Destination, and the government reserves the right to make single or multiple awards based on best value. Quotes should be submitted via email to dsabo@bop.gov, with vendors required to include their Unique Entity Identifier (UEI) number, vendor name, and point of contact information.
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| File | Type | Posted |
|---|---|---|
| OTV DELIVERY INFORMATION SHEET.docx | DOCX document | |
| FCI Otisville 4th Qtr Kosher-Halal items.pdf |
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15B21125Q00000015 Page 1 of 28
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX
PAGE OF PAGES
1 28
1. REQUEST NO.
15B21125Q00000015
2. DATE ISSUED
07/01/2025
3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2 AND/
OR DMS REG. 1
RATING
Federal Bureau of Prisons FCI Otisville 2 Mile Drive Otisville, NY 10963
5a. ISSUED BY 6. DELIVER BY (Date)
7. DELIVERY
OTHER
(See Schedule)X FOB DESTINATION
9. DESTINATION
5b. FOR INFORMATION CALL (NO COLLECT CALLS) a. NAME OF CONSIGNEE
NAME
Dan Sabo dsabo.gov
TELEPHONE NUMBER
AREA CODE
NUMBER
3866799 Ext.:
8. TO:
b. STREET ADDRESS
c. CITY
a. NAME b. COMPANY
c. STREET ADDRESS
d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
06/04/2025 05:00 ET
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
VENDOR NAME:
UEI #
PHONE #
EMAIL #
Firm Fixed Price
See Continuation Sheet(s)
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%)
0.00 %
b. 20 CALENDAR DAYS (%)
0.00 %
c. 30 CALENDAR DAYS (%)
0.00 %
d. CALENDAR DAYS
NUMBER
PERCENTAGE
0.00 NOTE: Additional provisions and representations [ X ] are [ ] are not attached.
13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN
QUOTATION
15. DATE OF
QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS 16. SIGNER
a. NAME (Type or print) b. TELEPHONE
c. COUNTY AREA CODE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
15B21125Q00000015 Page 2 of 28
Section 1 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 "Kosher Meat - 18 Ounce Beans and Franks Meal consisting of:
- 4 ounce Beef Franks or Cocktail Franks no artificial colors,
- 8 ounce-weight Vegetarian Beans w/Tomato Sauce
- 6 ounce-weight Diced Potatoes
PSC: 8945
636 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 "Kosher Meat - 16 ounce Chicken Wing Meal consisting of:
-5 ounce weight – Bone-in Chicken Wings
- 2 ounce weight – BBQ Sauce
- 5 ounce weight – Mashed Potato
- 4 ounce weight – Mixed Vegetables
PSC: 8945
813 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 "Kosher Meat - 20 Ounce Chicken Cacciatore Meal consisting of:
Chicken Cacciatore made from:
- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat, (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)
- 4 ounce-weight Tomato Sauce
- 4 ounce-weight Diced Tomatoes
- 1/2 ounce-weight Mushrooms
- 1/2 ounce-weight diced Onion, Garlic, spices and vegetable oil
- 3 ounce-weight Pasta Macaroni
- 4 ounce-weight Sliced or Diced Carrots"
PSC: 8945
180 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 "Kosher Meat - 20 Ounce Chicken Chow Mein Meal consisting of:
Chicken Chow Mein entree made from:
- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)
- 6 ounce-weight Gravy thickened w/corn starch
- 1 ounce-weight Celery, Bell Pepper and Onion
- 2 ounce-weight Green Beans
- 3.5 ounce-weight White Rice
- 3.5 ounce-weight Sweet Peas and Carrots
PSC: 8945
744 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 "Kosher Meat - 16 Ounce Turkey Cutlet Meal consisting of:
- 4 ounce-weight Turkey Cutlet made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)
- 2 ounce-weight Gravy
- 6 ounce-weight Mashed Potatoes
- 4 ounce-weight Mixed Vegetables. "
PSC: 8945
90 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0006 "Kosher Meat - 16 Ounce Meatloaf Meal consisting of:
- 4 ounce-weight Meatloaf (made with ground beef with not more than: 20% fat; 20% added ingredients)
- 2 ounce-weight Brown Gravy
- 6 ounce-weight Mashed Potatoes
1,020 EA $________ $_________________
15B21125Q00000015 Page 3 of 28
- 4 ounce-weight Mixed Vegetables
- The finished product of the Meatloaf may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0007 "Kosher Meat - 15 Ounce Hawaiian Meatballs with Rice Meal consisting of:
- 4 ounce weight – Cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients)
- 2 ounce weight – Sweet Hawaiian Sauce
- 5 ounce weight – Cooked White Rice
- 4 ounce weight – Green Beans
PSC: 8945
996 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0008 "Kosher Meat - 20 Ounce Spaghetti and Meatballs Meal consisting of:
- 4 ounce-weight cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients)
- 5 ounce-weight Spaghetti Pasta
- 3 ounce-weight Tomato Sauce
- 8 ounce-weight Sweet Peas
- The finished product of the Meatball may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name."
PSC: 8945
1,392 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0009 "Kosher Parve - 16 Ounce Pasta with Vegetable Protein Meat Sauce Meal consisting of:
Vegetable Protein Meat Sauce made from:
- 0.5 ounce weight – Mushrooms,
- 6.5 ounce weight – Pre-Flavored Textured Soy Protein. Pre-flavored to mimic Beef and Italian Sausage. Product to be Vegan.
- 5 ounce-weight Cooked Elbow Pasta
- 4 ounce-weight Green Beans"
PSC: 8945
276 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0010 "Kosher Dairy - 16 Ounce Vegetable Protein Lasagna Meal consisting of:
Vegetable Protein Meat Sauce made from:
- 0.5 ounce weight – Mushrooms,
- 6.5 ounce weight – Pre-Flavored Textured Soy Protein. Pre-flavored to mimic Beef and Italian Sausage. Product to be Vegan.
- 5 ounce-weight Cooked Ricotta Cheese Roll-up
- 4 ounce-weight Green Beans"
PSC: 8945
324 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0011 "Kosher Dairy - 7 Ounce Cheese Omelet Meal consisting of:
- 3 ounce-weight Plain Egg Omelet
- 1 ounce cheese
- 3 ounce Potatoes"
PSC: 8945
240 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0012 "Kosher Dairy - 7 Ounce Spanish Omelet Meal consisting of:
- 3 ounce-weight Plain Egg Omelet
- 1 ounce Spanish Sauce
- 3 ounce Potatoes"
PSC: 8945
756 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
15B21125Q00000015 Page 4 of 28
0013 Kosher Bologna Luncheon Meat (chicken or turkey), Frozen, 4 Ounce multiple slice portion, (Shelf Stable may be 1-4 oz slice) Wrapped in Sealed Plastic. *Each individual package must be marked with the kosher certification hechsher.
PSC: 8945
160 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0014 Kosher Tuna, Chunk Light in Water, Individual. 4 - 6 ounce each package. EACH. Tuna can be a product of the U.S. or other foreign country that meets the requirements of 21CFR123.12.
Product may contain soy and/or vegetable broth. *Each individual package must be marked with the kosher certification hechsher.
Total amount may be adjusted to the next highest case count.
Specify pack size on bid. KOSHER CRC
PSC: 8945
1,440 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0015 Kosher Sardines in Soybean Oil, Individual. 3 to 6 ounce each package. EACH. *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count. Specify pack size on bid.
PSC: 8945
1,440 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0016 Kosher Cereal, Any Type, Any Style, and any grain composition.
(CID A-A-20000E, Any Type, Any Class, Any Grain Composition).
.81 oz to 2 oz individual package. EACH. Total amount may be adjusted to the next highest case count. *Each individual package must be marked with the kosher certification hechsher. Specify pack size on bid. (CRC ONLY) Kosher
PSC: 8945
9,600 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0017 Kosher Farina, Instant, Plain, Individual Packet. EACH. 1 ounce Package. Total amount may be adjusted to the next highest case count.
PSC: 8945
3,000 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0018 Kosher Bread, Whole Wheat, Individually Wrapped. EACH.
Certified Kosher Parve. Total amount may be adjusted to the next highest case count. *Each individual package must be marked with the kosher certification hechsher. First ingredient on label must be Whole Wheat Flour. (CRC ONLY)
PSC: 8945
10,000 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0019 Kosher Potato Chips, Individual Package. EACH. 1 Ounce Sealed Individual Package, Certified Kosher Parve, See Delivery Schedule. *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count. (CRC ONLY)
PSC: 8945
1,000 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0020 Kosher Margarine, ½ Ounce Sealed Individual Package. EACH, Refrigerated or Shelf Stable, Certified Kosher Parve. *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count. (CRC ONLY)
PSC: 8945
28,800 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0021 Kosher Milk, Fresh, Nonfat, Skim, or Fat Free, Individual 8 Ounce Serving. 1/2 pint. Must be processed under Ultra High Temperatures (UHT). Product can be a plant-based dairy substitute. Certified Kosher. *Each individual package must be
10,000 EA $________ $_________________
15B21125Q00000015 Page 5 of 28 marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.(CRC ONLY)
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0022 Certified Kosher Parve - Pastries, Desserts, Assorted, Individual, Fresh or Frozen, Thaw and Serve, (Cookies, Cakes, Pies, etc.).
EACH. *Each individual package must be marked with the kosher certification hechsher. Specify Item and size on bid. Total amount may be adjusted to the next highest case count. (CRC ONLY)
PSC: 8945
1,000 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0023 "Certified Halal - 14 ounce Fish Fillet Meal consisting of:
- 4 ounce-weight Fish Fillet cut from solid muscle fillet block pollock, whiting, flounder, cod, tilapia: or other white fish flesh fillet (not Breaded)
- 2 ounce-weight Tomato Sauce
- 4 ounce-weight White Rice
- 4 ounce-weight Mature Lima Beans"
PSC: 8945
336 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0024 "Certified Halal Meat - 18 Ounce Beans and Franks Meal consisting of:
- 4 ounce Beef Franks or Cocktail Franks no artificial colors,
- 8 ounce-weight Vegetarian Beans w/Tomato Sauce
- 6 ounce-weight Diced Potatoes
- finished product of the Beef Frank may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name"
PSC: 8945
336 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0025 "Certified Halal Meat - 16 ounce Chicken Wing Meal consisting of:
- 5 ounce-weight Bone-in Chicken Wings
- 2 ounce-weight BBQ Sauce
- 5 ounce-weight Mashed Potatoes
- 4 ounce-weight Mixed Vegetables"
PSC: 8945
336 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0026 "Certified Halal Meat - 20 Ounce Chicken Cacciatore Meal consisting of:
Chicken Cacciatore made from:
- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat, (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)
- 4 ounce-weight Tomato Sauce
- 4 ounce-weight Diced Tomatoes
- 1/2 ounce-weight Mushrooms
- 1/2 ounce-weight diced Onion, Garlic, spices and vegetable oil
- 3 ounce-weight Pasta Macaroni
- 4 ounce-weight Sliced or Diced Carrots"
CRC
PSC: 8945
144 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0027 "Certified Halal Meat - 20 Ounce Chicken Chow Mein Meal consisting of:
Chicken Chow Mein entree made from:
- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)
- 6 ounce-weight Gravy thickened w/corn starch
- 1 ounce-weight Celery, Bell Pepper and Onion
- 2 ounce-weight Green Beans
- 3.5 ounce-weight White Rice
- 3.5 ounce-weight Sweet Peas and Carrots"
192 EA $________ $_________________
15B21125Q00000015 Page 6 of 28
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0028 "Certified Halal Meat - 16 Ounce Turkey Cutlet Meal consisting of:
- 4 ounce-weight Turkey Cutlet made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)
- 2 ounce-weight Gravy
- 6 ounce-weight Mashed Potatoes
- 4 ounce-weight Mixed Vegetables"
PSC: 8945
192 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0029 "Certified Halal Meat - 16 Ounce Meatloaf Meal consisting of:
- 4 ounce-weight Meatloaf (made with ground beef with not more than: 20% fat; 20% added ingredients)
- 2 ounce-weight Brown Gravy
- 6 ounce-weight Mashed Potatoes
- 4 ounce-weight Mixed Vegetables
- finished product of the Meatloaf may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name. "
PSC: 8945
336 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0030 "Certified Halal Meat - 15 Ounce Hawaiian Meatballs Meal consisting of:
- 4 ounce-weight Cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients)
- 2 ounce-weight Sweet Hawaiian Sauce
- 5 ounce-weight Cooked White Rice
- 4 ounce-weight Green Beans"
PSC: 8945
336 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0031 "Certified Halal Meat - 20 Ounce Spaghetti and Meatballs Meal consisting of:
- 4 ounce-weight cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients ;)
- 5 ounce-weight Spaghetti Pasta
- 3 ounce-weight Tomato Sauce
- 8 ounce-weight Sweet Peas
- finished product of the Meatball may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name."
CRC
PSC: 8945
336 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0032 "Certified Halal - 7 Ounce Cheese Omelet Meal consisting of:
- 3 ounce-weight Plain Egg Omelet
- 1 ounce cheese
- 3 ounce Potatoes"
PSC: 8945
144 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0033 "Certified Halal - 7 Ounce Spanish Omelet Meal consisting of:
- 3 ounce-weight Plain Egg Omelet
- 1 ounce Spanish Sauce
- 3 ounce Potatoes"
PSC: 8945
192 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0034 Certified Halal Bologna Luncheon Meat (chicken or turkey), Frozen, 4 Ounce multiple slice portion, (Shelf Stable may be 1-4 oz slice) Wrapped in Sealed Plastic. *Each individual package must be marked with the halal certification symbol.
384 EA $________ $_________________
15B21125Q00000015 Page 7 of 28
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0035 Certified Halal - Vegetable Protein Lasagna Meal consisting of:Vegetable Protein Meat Sauce made from: - 0.5 ounce weight
– Mushrooms, - 6.5 ounce weight – Pre-Flavored Textured Soy Protein. Pre-flavored to mimic Beef and Italian Sausage. Product to be Vegan. - 5 ounce-weight Cooked Ricotta Cheese Roll-up- 4 ounce-weight Green Beans.
PSC: 8945
144 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0036 "Certified Halal - 16 Ounce Pasta with Vegetable Protein Meat Sauce Meal consisting of:
Vegetable Protein Meat Sauce made from:
- 0.5 ounce weight – Mushrooms,
- 6.5 ounce weight – Pre-Flavored Textured Soy Protein. Pre-flavored to mimic Beef and Italian Sausage. Product to be Vegan.
- 5 ounce-weight Cooked Elbow Pasta
- 4 ounce-weight Green Beans"
144 EA $________ $_________________
15B21125Q00000015 Page 8 of 28
Section 2 - 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)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging
While Driving (Jun 2020)
52.232-25 Prompt Payment (Jan 2017)
52.212-4 Contract Terms and Conditions-Commercial Items (Oct
2018)
Clauses By Full Text
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):
[Insert one or more Internet addresses]
(End of clause)
52.211-17 Delivery of Excess Quantities (Sept 1989)
The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.
(End of clause)
15B21125Q00000015 Page 9 of 28
DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandamic or Other Emergency
Continuing Contract Performance During a Pandemic Influenza or other National Emergency During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.
The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.
The types of actions a federal contractor should reasonably take to help ensure performance are:
Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.
Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.
• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.
• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.
Establish communication processes to notify employees of activation of this plan.
• Integrate pandemic health crisis response expectations into telework agreements.
With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.
• Determine how all employees who may telework will communicate with one another and with management to accomplish work.
Practice telework regularly to ensure effectiveness.
• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.
• Identify how time and attendance will be maintained.
It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification.
The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.
(End of Clause)
DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements
Contractor Certification of Compliance with Federal Tax Requirements By submitting a response to a solicitation or accepting a contract award, the contractor certifies that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a nonfrivolous administrative or judicial proceeding.
(End of Clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jul 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
15B21125Q00000015 Page 10 of 28
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved]
__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
15B21125Q00000015 Page 11 of 28
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jun 2020) of 52.219-9.
__ (18)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
__ (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).
__ (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__ (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).
__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (30)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (July 2014) of 52.222-35.
__ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (July 2014) of 52.222-36.
15B21125Q00000015 Page 12 of 28
__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__ (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American--Supplies (Jan 2021) (41 U.S.C. chapter 83).
__ (49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (Jan 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (Jan 2021) of 52.225-3.
__ (iii) Alternate II (Jan 2021) of 52.225-3.
15B21125Q00000015 Page 13 of 28
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).
__ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Requirements (May 2014) (41 U.S.C. chapter 67).
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__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records-- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212)
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
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(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.232-18 Availability of Funds (Apr 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
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.
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(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment
Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically authorized within this contract, the Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.
(3) Prior Approval Required to Hire Subcontractors
The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
(4) Separation Checklist for Contractor Employees
The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract. The separation checklist must verify: (1) return of any Government-furnished equipment; (2) return or proper disposition of personally identifiable information (PII)[2], in paper or electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access to PII or other sensitive information.
In the event of adverse job actions resulting in the dismissal of a Contractor or Subcontractor employee before the separation checklist can be completed, the Prime Contractor must notify the Contracting Officer within 24 hours and confirm receipt of the notification. In the case the Contractor is unable to notify the Contracting Officer, then the Contractor should notify the Contract Officer’s Representative (COR).
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.
15B21125Q00000015 Page 17 of 28
The Contractor should maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required privacy and cybersecurity training.
(2) Safeguarding PII Requirements
Contractor employees must comply with DOJ Order 0904 and other guidance published to the publicly-available Office of Privacy and Civil Liberties (OPCL) Resources page[3] relating to the safeguarding of PII, including the use of additional controls to safeguard sensitive PII (e.g., the encryption of sensitive PII). This requirement flows down from the Prime Contractor to all Subcontractors and lower tiered subcontracts.
(3) Non-Disclosure Agreement Requirement
Prior to commencing work, all Contractor personnel that may have access to PII or other sensitive information shall be required to sign a Non-Disclosure Agreement (NDA) and the DOJ IT Rules of Behavior. The Non-Disclosure Agreement:
(a) prohibits the Contractor from retaining or divulging any PII or other sensitive information, or derivatives therefrom, furnished by the Government or to which they may otherwise come in contact as a result of their performance of work under the contract/task order that is otherwise not publicly available, whether or not such information has been reduced to writing; and
(b) requires the Contractor to report any loss of control, compromise, unauthorized disclosure, or unauthorized acquisition of PII or other sensitive information to the component-level or headquarters Security Operations Center within one (1) hour of discovery.
The Contractor should maintain signed copies of the NDA for all employees as a record of compliance. The Contractor should also provide copies of each employee’s signed NDA to the Contracting Officer before the employee may commence work under the contract/task order.
(4) Prohibition on Use of PII in Vendor Billing and Administrative Records
The Contractor’s invoicing, billing, and other financial or administrative records or databases is not authorized to regularly store or include any sensitive PII…
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