15B41719Q0000005_-_1449.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B41719Q0000005

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/10/2019

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Robert Armstrong rlarmstrong@bop.gov

b. TELEPHONE NUMBER (No collect calls)

734-439-4771

8. OFFER DUE DATE / LOCAL

TIME

04/30/2019 14:00:00

CODE 15B417

Federal Bureau of Prisons FCI Milan 4004 East Arkona Road Milan, MI 48160

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % 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: 515210

SIZE STANDARD: $38,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

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

15B417CODE15. DELIVER TO

Federal Bureau of Prisons FCI Milan 4004 East Arkona Road Milan, MI 48160

CODE 15B41716. ADMINISTERED BY

Federal Bureau of Prisons FCI Milan 4004 East Arkona Road Milan, MI 48160

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B417CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Milan 4004 East Arkona Road Milan, MI 48160

Heather Wittenberg

(O) 734-439-5511 hwittenberg@bop.gov

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

0001 Provide basic/premium cable/satellite programming services to include installation, maintenance and any associated fees for an estimated 74 television units for FCI Milan, Base year, See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

3.000000 MO $________________$_______________________

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)

Robert Armstrong

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B41719Q0000005 Page 1 of 21

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

15B41719Q0000005 Page 2 of 21

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

A1 Schedule Continued SOW Statement of Work

3 Contract Clauses 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.27-103-72A DEPARTMENT OF JUSTICE RESIDENCY REQUIREMENT CERTIFICATION

FORM (JUNE 2004)

DJAR-PGD-15-03 Security of Department Information and Systems 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

508 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, 1998

AMENDMENTS

DJAR-PGD-15-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award - (DEVIATION 2015-02) (March 2015) .18

4 List of Attachments 5 Solicitation Provisions

52.236-27 Alt I Site Visit (Construction) (Feb 1995) -- Alternate I (Feb 1995)

15B41719Q0000005 Page 3 of 21

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Line Period of Performance: 06/01/2019 - 09/30/2019

Base Period

0002 Provide basic/premium cable/satellite programming services to include maintenance and any associated fees for an estimated 74 televison units for FCI Milan, Option year 1, Line Period of Performance: 10/01/2019 - 09/30/2020

Base Period

12.000000 MO $____________ $___________________

0003 Provide basic/premium cable/satellite programming services to include maintenance and any associated fees for an estimated 74 television units for FCI Milan, Option year 2, Line Period of Performance: 10/01/2020 - 09/30/2021

Base Period

12.000000 MO $____________ $___________________

0004 Provide basic/premium cable/satellite programming services to include maintenance and any associated fees for an estimated 74 television units for FCI Milan, Option year 3, Line Period of Performance: 10/01/2021 - 09/30/2022

Base Period

12.000000 MO $____________ $___________________

0005 Provide basic/premium cable/satellite programming services to include maintenance and any associated fees for an estimated 74 television units for FCI Milan, Option year 4.

Line Period of Performance: 10/01/2022 - 09/30/2023

Base Period

12.000000 MO $____________ $___________________

A1 Schedule Continued

Please complete the above information when preparing your quote for the base year and options years. Any resulting contract will be a indefinite delivery/requirements contract. As such, quantities listed are estimates only and are not a representation to an offeror or con-tractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal (FAR 16.503(a)(1)). Quotes will be evaluated for award based solely upon price.

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: Award shall be made to the responsive/responsible offeror(s) submitting the lowest TOTAL OFFERED AMOUNT. Rate of remuneration will be based on a each rate. This price will include all overhead, profit, administrative costs, etc., being charged by the Contractor.

SOW Statement of Work

A. SERVICE TO BE PERFORMED:

Provide basic/premium cable/satellite programming for inmates housed at the Federal Correctional Facility and the Federal Detention Center in Milan, Michigan.

B. NATURE OF CONTRACTUAL AGREEMENT:

The contractor is advised that this contract is for services which are nonpersonal in nature. Definitions of nonpersonal service require-ments are as follows:

15B41719Q0000005 Page 4 of 21

1. Payment is based on the provision of a specific end result or accomplishment.

2. The service is a contractual arrangement and not a personnel appointment.

3. Payment is based on an end product or the accomplishment of a specific result.

4. The service does not constitute an employer/employee relationship.

5. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored by the Government staff.

C. PLACE OF PERFORMANCE:

The services will be performed on-site at the Federal Correctional Facility and the Federal Detention Center in Milan, Michigan.

D. STATEMENT OF OUTPUT:

Installation of cable/satellite units are defined within this performance work statement utilizing a "performance-based" approach.

Thus, required services are defined in terms of output rather than specific task assignments.

Output #1: Technical Performance and Quality of Goods/Services:

Output #2: Cost Control and Customer Satisfaction:

Output #3: Timeliness of Deliveries/Performance:

Output #4: Business Relations:

E. SPECIFIC REQUIREMENTS:

Output #1: Technical Performance and Quality of Goods/Services:

Scope of Services: Program shall include all local networks available in this viewing area.

Networks shall include a minimum of ABC, FOX, CW, PBS, NBC, and CBS.

The sports channels shall include a minimum of ESPN, ESPN2, Fox Sports, and ESPN Classic programs.

Basic News coverage shall include a minimum of CNN, CNN Headline News, C-Span, WGN, MSNBC, and the Weather channel.

Basic movie channels shall include a minimum of TBS, TNT, TBN, Comedy Central, FX, TMC, AMC, USA, Lifetime, Sci-Fi, Spike, Bravo, A&E, Hallmark, and Univision. Music programs shall include a minimum of BET, MTV, CMT, and VH1.

Educational channels shall include a minimum of CTN, Discovery Channel, History Channel, National Geographic, Travel Channel, and HGTV.

Contractor shall provide all modulating equipment and labor necessary to install such equipment within the institutions phone room.

The use of individual boxes will not be acceptable. Signal delivered must be compatible with the existing infrastructure and televisions (TVs). There are 54 TVs located in housing units and 20 additional TVs currently operating throughout the facility. Upon completion of the installation of the head-end equipment, the contractor’s technician will test and verify an acceptable level at each individual cable drop location. The contractor’s technician will accompany institution staff in verifying proper strength by checking various channels at each cable drop. The contractor will provide written documentation of the signal levels to the institution. Should unaccept-able signal readings be identified, the contractor will supply any and all equipment necessary to rectify the substandard signal. No oth-er equipment will be allowed outside of the institutions phone room, and contractor will coordinate the location with the institution.

Once installation is appropriately complete, the institution will maintain the system from the point of the contractors modulating equipment (converter boxes) into the institution and the contractors will maintain their modulating equipment and outward to their cable line.

In addition to the required regular programming channels, the contractor will supply ten additional channels for our own programing purposes to the facility. The Contractor shall provide technical assistance to institutional staff as to the "tie-in" of contractor provided equipment, institutional provided equipment, and the existing infrastructure.

The institution reserves the right to review and approve the channel line up. The preferred set up will have all channels sequentially numbered, with no one channel greater than 100.

Contractors are encouraged to contact the Contracting Officer in writing should there be any questions regarding this scope of work prior to final bid.

All contract personnel will be obligated to follow the rules and regulations outlined for entrance into the institution. The Warden re-

15B41719Q0000005 Page 5 of 21 serves the right to deny access into the institution.

Output #2: Cost Control and Customer Satisfaction

Payment Schedule: As this is a fixed-priced contract, the offeror shall submit a proposed price for the requirements as outlined. The contract shall consist of one base year with four additional option years, at the discretion of the Government and pending availability of annual funding.

Billing Procedure: The Government will make payments to the contractor on a monthly basis, promptly after receipt of an itemized in-voice.

Management: All workers will be in an escorted status once the necessary forms have been processed. The Facilities Department staff will be available to provide information and assistance regarding policy and procedures as necessary.

Institution Security: Contractor agrees to adhere to all regulations prescribed by the institution for safety, custody, and conduct of in-mates.

Output #3: Timeliness of Deliveries/Performance

Equipment Required: The contractor will supply the necessary equipment and will be available to the government entirely while con-tract services are rendered at this facility.

The contractor shall supply the name of an Account Representative who will handle any billing and/or service questions. Do to impact a loss of television has to the orderly running of a prison, contractor will supply a technician on sight within two hours to rectify any interruptions to service.

Output #4: Business Relations

Maintain open avenues of communication, facilitating the exchange of information between the contractor and the government regard-ing the contract services. The contractor shall provide a Point of Contact (POC) who shall be responsible for facilitating the contract-or’s delivery of services under this contract. The contractor shall designate this individual in writing to the Contracting Officer prior to the start date of this contract. Alternate POC’s may be designated; however, the contractor must identify those times when an alternate shall be the primary POC. There shall be an open line of communication between the contractor, its representatives, and the CM or ap-plicable FCI Milan staff to ensure that the services ordered by the institution are provided.

The contractor has the sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in this Performance Work Statement as long as the requirements are performed in accordance with the policies referenced, standards and methods generally accepted within the contractor’s field of expertise.

F. SECURITY BACKGROUND REQUIREMENTS:

The prospective contractor must successfully complete the following security background procedures:

(1) National Crime Information Center (NCIC) check;

(2) DOJ-99 (name check);

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Resume/Personal Qualifications;

(7) OPM-329-A (Authority for Release of Information); and

(8) National Agency Check and Inquiries (NACI) check (if applicable).

Prospective contractors are advised that a urinalysis test is required prior to contract award (for detection of marijuana and other drug usage). If the proposed contract is with a company and the individual(s) assigned to perform the work test(s) positive, the individual(s) shall be excluded from performing the contract and the contractor shall provide acceptable replacement personnel subject to the same security requirements. If the proposed contract is with an individual, the contract award may not be made until a negative test is re-ceived. Prospective contractors are advised that security background clearances typically require approximately six weeks to com-plete.

G. PERIODS OF PERFORMANCE:

Base Performance Period:

Effective Date of Award ( EDOA) - September 30, 2015

Option Performance Period One:

October 1, 2015 (or date of award) - September 30, 2016

15B41719Q0000005 Page 6 of 21

Option Performance Period Two:

October 1, 2016 (or date of award) - September 30, 2017

Option Performance Period Three:

October 1, 2017 (or date of award) - September 30, 2018

Option Performance Period Four:

October 1, 2018 (or date of award) - September 30, 2019

15B41719Q0000005 Page 7 of 21

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Oct 2018)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable) 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (SEP 2013)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

(Jul 2018)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2018)

52.204-12 Unique Entity Identifier Maintenance (Oct 2016)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June

2016)

52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct

2015)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 Convict Labor (June 2003)

52.222-19 Child Labor--Cooperation with Authorities and Remedies (Jan 2018)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

15B41719Q0000005 Page 8 of 21

Clause Title Fill-ins (if applicable) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-50 Combating Trafficking in Persons (Jan 2019)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

(Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

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

(Oct 2018)

52.232-36 Payment by Third Party (May 2014)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements (May 2014)

52.232-18 Availability Of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr

1984)

Clauses By Full Text

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a haz-ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi-al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir-ing safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the pres-ence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, dis-covers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will consti-tute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Se-curity Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges is-sued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver re-quirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commen-surate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is-suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex-ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac-cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract-or, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

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1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga-tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

[End of Clause]

52.27-103-72A DEPARTMENT OF JUSTICE RESIDENCY REQUIREMENT CERTIFICATION FORM (JUNE 2004)

This certification is required to be completed for all purchase card transactions for services that are subject to the DOJ Residency Re-quirement.

If the service is to be provided by an individual, that individual must sign the certification and return it to the cardholder for filing with the purchase card acquisition form. If the service is to be provided by a company, one certification may be submitted by an authorized company representative. By submitting this certification, the company is agreeing to provide the BOP with contract employees that meet the DOJ Residency Requirement.

Individuals By signing this certification I certify that for three of the five years immediately prior to responding to this solicitation, I have: 1) leg-ally resided in the United States (U.S.); 2) worked for the U.S. overseas in a Federal or military capacity; or 3) have been a dependent of a Federal or military employee serving overseas.

Companies By signing this certification I certify that for three of the five years immediately prior to responding to this solicitation, the contract employees providing services to the BOP have:

1) legally resided in the United States (U.S.); 2) worked for the U.S. overseas in a Federal or military capacity; or 3) have been a de-pendent of a Federal or military employee serving overseas.

Name of Individual/Vendor Date [Name][Date] Signature of Individual or Vendor Representative [End of Clause]

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

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 requirements applicable to this Con-tract. The requirements established herein are in addition to those required by the Federal 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 Informa-tion. This clause does not alter or diminish any existing rights, obligation 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 me-dium, 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 information” (“PII”), re-gardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, includ-ing, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security 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.

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C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without lim-itation, 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, processing, main-taining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or trans-mitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, 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 associated 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. Gov-ernment and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termina-tion 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 annually), 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 indi-viduals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social secur-ity 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 insider 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 en-able 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 hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information Sys-tem backups;

8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and veri-fying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication meth-

15B41719Q0000005 Page 12 of 21 ods where required;

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate prepara-tion, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to ap-propriate 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;

12. Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media;

limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System media 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 Informa-tion Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the phys-ical facilities and support infrastructure for such Information Systems;

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

15. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilities 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 controls;

17. Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software 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 protection 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 obtaining 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 mainten-ance 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 en-sure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, 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 information, 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, system penetration testing, and FISMA data re-views by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Con-tractor 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;

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4. Contractor must log all computer-readable data extracts from databases holding DOJ Information and verify that each ex-tract 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 offi-cial 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 Contract-or-owned laptops or other portable digital or electronic media.

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

G. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with DOJ security 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 Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the removal 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 sus-pects that Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incident (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 Information 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, Platform 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 Sys-tem Security Plan, and any subsequent SARs within 30 days of issuance, and has received an ATO from the Authorizing 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 Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under the contract.

C. Contractor must ensure that the CSP allows DOJ to access and retrieve any DOJ Information processed, stored or transmit-ted 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 re-quest. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall in-clude 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 con-trol, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any DOJ In-formation 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 Information

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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 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) im-mediately (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 Contractor has

(a) completed its investigation of the Potential Breach in accordance with its own internal policies and procedures for identification, 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,…