Amendment 00002.pdf

15B50023Q00000004/0002 Page 1 of 38

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 38

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

09/01/2023

4. REQUISITION/PURCHASE REQUISITION NUMBER

15B50023PR000144

5. PROJECT NUMBER (If applicable)

15B500CODE

Federal Bureau of Prisons South Central Regional Office 344 Marine Forces Drive Grand Prairie, TX 75051

Abigail Arriaga aarriaga@bop.gov

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15B50023Q00000004

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

08/24/2023

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

15B50023Q00000004 Amendment 00002 issued to add questions and photos requested.

Site Visit Scheduled 9/5/2023 @10:00 a.m

END OF AMENDMENT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Abigail Arriaga Contracting Officer

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

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Table of Contents

Section Description Page Number

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

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jun 2023)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) 52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014) FAO-0009 Contract Security (Program Statement 3000.03 Human Resource Management Manual) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) FAO-0005 Submittals 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) 52.204-13 System for Award Management Maintenance (Oct 2018)

3 List of Attachments 4 Solicitation Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.211-6 Brand Name or Equal (Aug 1999) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020)

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Section 1 - Commodity or Services Schedule

The selected contractor shall provide all materials, labor, and equipment to complete Replace Boilers Building 346, located in Grand Prairie, TX, in accordance with the attached SOW/Specifications.

Firm Fixed Price

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 The selected contractor shall provide all materials, labor, and equipment to complete Replace Boilers Building 346, located in Grand Prairie, TX, in accordance with the attached SOW/ Specifications.

Contractor shall remove two existing boilers, pumps, controls and associated hardware. Supply and installation of (2) new Raypak MVB-Type H Heating Boiler Models 503A-2003A or equivalent.

Contractor shall re pip boiler room to Raypak piping diagram.

PSC: 4120

Previous : 1

Change: 0

Current : 1

JB $________ $_________________

The successful contractor shall be responsible for all applicable federal, state, and local taxes. No tax exemption certification will be issued by the Federal Bureau of Prisons. THE TOTAL PRICE SHALL BE WRITTEN ON LINE ITEM 26 OF THE STANDARD FORM

Section 2 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

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 Products and Commercial

Services (Dec 2022)

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

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Clauses By Full Text

STATEMENT OF WORK

HRSC, FAO Office/Grand Prairie Office Complex- PROJECT Replace Boilers Building 346

I. SPECIFICATIONS:

A. INTRODUCTION

A.1 The Federal Bureau of Prisons (FBOP), Human Resources Services Center, Federal Acquisitions Office, U.S. Armed Forces Reserve Complex 346 Marine Forces Drive, Grand Prairie, TX 75051, intends to make a single award to a responsible entity that will provide turnkey installation including all necessary equipment, labor, materials, and incidentals to remove existing boilers and installation of gas boilers system.

All equipment specified in this statement must be brand name or an equal product. Should your firm choose to submit an equal product, you must submit all technical specification of the equal product to be analyzed and a technical determination issued with acceptance/non-acceptance.

B. SCOPE OF WORK

Replace Gas Boilers This project basis of design is Raypak MVB – Type H Heating Boiler Models 503A-2003A with a period of performance of 80 calendar days. Contractor shall remove two existing boilers, pumps, controls and associated hardware. Supply and installation of (2) new Raypak MVB – Type H Heating Boiler Models 503A-2003A or equivalent. Contractor shall re pipe boiler room to Raypak piping diagram. All flanges shall be heavy duty 150lb companion with grade 8 bolts. All water piping shall be 3” copper, commercial type L hard drawn. Includes secondary boiler loop, sensor well, check valves and associated pipe fittings. Contractor shall also provide and install new boiler pumps specified for the boilers. Installation shall include new full port ball valves on both inlet and outlet of each boiler. Work shall also include thermostatic mixing valves on both boilers to prevent condensate from forming. Contractor shall also re pipe gas as needed for new boilers. Full port ball valves and accessible sediment traps shall be provided and installed. All piping and boiler installation shall meet international plumbing and mechanical codes.

Venting Contractor shall provide and install new 14” B Vent with fan on roof with rain cap and collar. Fan shall be interlocked to boilers as to prevent any collection of fuel in the vent stacks. Installation includes all vent, US Draft fan sized specifically for the room and boiler system. Includes all control wiring and electrical wiring for fan system. Includes retrofitting combustion air inlet to boilers.

Insulation Contractor shall provide and install new fiberglass insulation on all hydronic piping from existing primary loop to boilers. Includes all insultation from existing loop tie on point to boilers. Insulation shall meet all state, federal and local energy codes.

Carbon Monoxide Control Module Contractor shall provide and install Carbon Monoxide control module with calibrated CO sensor. Dual relays interlocked to boiler. If carbon monoxide is detected at or above 50ppm co module shall immediately shutdown both boilers to prevent life, health and safety issues. Manual reset (push button to enable) auto reset shall be included. Installation shall include all electrical and control wiring.

Isolation transformer shall also be included.

Start Up Contractor shall provide a full manufactures startup Warranty Shall include factory warranty on all equipment: Ten years for Heat Exchanger and 1 year on all other parts and labor.

C. SECIFICATIONS

ATTACHMENT A: Required equipment specifications

D. QUALITY ASSURANCE/INSTALLATION REQUIREMENTS

The Contractor shall notify the COR a minimum of five (5) days prior to the final testing of manufacturer start up and certification so that arrangements can be made to have BOP required staff available to observe testing. A complete plan detailing test procedures must be submitted to the COR no later than ten (10) days in advance for final operational checks and testing of the chiller.

Final Testing must also include combustion analysis full startup report and all OEM parameters shall be tuned. Printed and electronic copies shall saved and submitted to Facilities Manager and COR.

All seismic zone requirements, environmental compliance, Life Safety, NFPA, ADA-ABA, and Federal, State and Local codes and regulations will be considered during all phases of this project.

Services and materials provided by the contractor will adhere to and shall be consistent with the most current industry standards, the Underwriters Laboratories (UL) and the General and the National Electric Code (NEC).

It is the contractor’s responsibility to obtain permitting, should it be required. Copies of all permits must be submitted to the COR upon receipt from local agency.

E. UTILITIES

The FBOP will provide water, use of restrooms and minimal electricity service (120V) for small hand power tools including battery chargers. The contractor will provide all other equipment, supplies and materials needed to complete this project.

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F. TESTING AND ACCEPTANCE

The Contractor shall notify the COR five (5) days prior to the final system testing and certification so that arrangements can be made to have BOP required staff available to observe manufacturer start-up and testing. A complete plan detailing test procedures must be submitted to the Contracting officers representative (COR) in advance for final check out and testing of the complete system.

G. HOUSEKEEPING AND MATERIAL DISPOSAL

The contractor awarded the contract will be responsible to ensure the premises are kept clean and free from accumulations of waste materials and rubbish at all times. The contractor will remove all debris, scrap, and rubbish from the work area daily. Surplus materials and all equipment shall be promptly removed from the site upon completion of the work. The Contractor shall be responsible to remove all debris and waste materials from the job site at South Central Regional Office site upon conclusion and acceptance of the project. These items must be disposed of in accordance with all Federal, State, and local laws.

H. SUBMITTALS & TRAINING

Submittals:

1. The contractor shall provide written submittals to the COR describing recommended equipment within (15) days from receiving the Notice to proceed for approval.

2. All security clearance paperwork/documentation shall be submitted to the COR a minimum of (14) working day prior to the start of work (see below).

3. The Contractor shall prepare and provide to the COR for approval, PDF file specifications of all material and products prior to their use. Submittals will be prepared as PDF package and transmit to Government by sending via email. Contractor shall also provide three (3) copies of the Safety Data Sheets (SDS) on all materials and substances that may be used during the course of the project. In the event the material is not approved by the Safety Manager, it shall be the responsibility of the Contractor to locate and procure an alternative product.

4. For security and safety purposes, forty-eight (48) hour advance notice in writing, prior to disruption to the system must be given to the Contracting Officer and COR.

5. Provide complete narrative descriptions of all system operations.

6. The contractor shall provide an Installation Certification of the completed and tested systems that contains an affidavit signed by the contractor and manufacturer’s representative, notarized, certifying that the complete systems meet the contract requirements and is fully operational per the manufacturer's recommendations.

7. Any deviations from this Statement of Work will be considered a Change Order Request and must be authorized through the institution’s Contracting Officer prior to the implementation of the requested change.

8. It is the Contractor’s responsibility to repair and/or replace any Government property damaged by contractors/subcontractors employees. Damage will be corrected and restored to previous condition at no cost to the Government.

9. It shall be the Contractor’s responsibility for obtaining all measurements and data requirements to comply with manufacturer’s installation recommendations. All installations must be in accordance with product manufacture’s recommendations.

Training:

Upon completion of the installation, testing, and acceptance by the Government, the contractor shall provide operation/maintenance manuals for each piece of equipment/system installed.

The contractor shall furnish manufacturer’s factory-certified training and provide system certification for two (2) Bureau of Prisons employees, thus enabling them to maintain and repair all equipment and systems.

II. CONTRACTOR SECURITY/WORKING REGULATIONS

A. Work Hours:

Work Hours for the contractor are 7:00 AM – 4:00 PM, Monday - Friday, excluding weekends and federal holidays. Any work required to be completed at any other time than noted above must be requested in writing to the COR five (5) working days prior to the start of the work. In the event of any equipment being replaced that would result in downtime of the normal orderly running of the institution, alternate work hours may be authorized in accordance with the time frame stated above.

Access to the site will be available during normal working hours except during emergencies. It shall be the responsibility of the Contractor to familiarize himself, his employees, and his subcontractors of the working hours and conditions in at the facility, as working hours may not constitute a full eight-hour workday. The Government assumes no responsibility to the Contractor nor to any of his subcontractors for shorter hours due to institutional emergencies or entry and/or exit of workers necessitated by normal institution routines.

B. Delivery of Materials:

All construction materials/equipment required for work on this project is required to be processed by the Contractor and coordinated with the institution COR for temporary storage.

Any construction related deliveries which are directly shipped to the contractor can be received between the hours of 7:00 a.m. to 2:00 p.m., Monday through Friday, excluding Federal Holidays. At no point will a Bureau of Prisons (BOP) staff member receive or sign for a delivery if the contractor or his representative is not present to verify and accept the delivery.

Under no circumstances will SCRO or its staff be responsible for the acceptance of any Contractor or company deliveries. The contractor shall be responsible for providing their own means of loading and unloading contractor material or equipment.

C. Storage of Materials and Equipment:

Construction materials may be stored on site on a mutual agreeable location designated by the COR. Tools shall not be stored on site and must be brought in daily by the contractor.

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All tools will be inventoried prior to beginning work and will be inventoried back in to ensure accurate accountability when leaving at the end of each work day. Materials cannot be stored at a height that would create a fall hazard. At the start of each work day all tools will be inventoried out on a daily tool inventory sheet and at the end of the work day all tools will be inventoried back in to ensure accurate accountability of all tools at the end of each work day.

All contractor owned extension cords that will be used during the project, regardless of length, shall be in good condition with no broken outer Insulation.

D. Security Clearance/Contractor Badges:

The contractor shall provide the COR with all the necessary security clearance documents for all contractors and subcontractor employees accessing the institution and be security cleared. Security clearance documents will only be accepted from the prime contractor. If submitted by a sub-contractor, they will be rejected. It is the prime contractor’s responsibility to review security clearance submissions to ensure they are complete. In the event a contractor or subcontractor employee cannot pass the security clearance process, it will be the contractor’s responsibility to provide another candidate. By law the BOP cannot, and will not, release any information to the contractor concerning the nature of why a contractors or subcontractor employee was not able to pass the security clearance process. All contractors and subcontractor employees will provide a check list of all employees on site each day to the COR, verifying the number of workers on site each day and that all workers are approved to be on site.

E. Safety and Personal Protective Equipment:

All contractors and employees shall have and wear the required personal protective equipment (PPE) always prescribed by industry standards while on the job site. It is the responsibility of the contractor to provide all PPE equipment. Should a system require Lock-out/Tag-out, the system will be required to have both Contractor and institution locks on the isolation point to prevent shock. All Lock-out/Tag-out procedures will be in compliance with the institution Lock-out program.

F. Additional Considerations:

1. Contractor will be permitted to wear jeans in the institution, however, shorts, green color clothing will not be allowed. The clothes will be proper and suitable for the services that are being provided.

2. Federal smoking policy on Federal property states that smoking is only allowed in outdoor designated areas. This policy will be strictly enforced.

Tailoring

In accordance with FAR 12.302(a), the provision at 52.212-1 is hereby tailored to modify the following elements of the provision.

At paragraph (c) "Period for Acceptance of Offers," this paragraph is deleted in its entirety as it has been determined to be not applicable to this solicitation.

At paragraph (e) "Multiple Offers", this paragraph is deleted in its entirety as it has been determined to be not applicable to this solicitation.

At paragraph (i) "Availability of requirements documents cited in the solicitation," this paragraph is deleted in its entirety as it has been determined to be not applicable to this solicitation.

Submission of Quotes Quotes shall be emailed in .pdf format only sent to aarriaga@bop.gov and will be deemed received at the time received as indicated on the email notification. Emails rejected by filters are not the responsibility of the government. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-1(f). No faxed quotes will be allowed.

Each quoter shall complete and submit the following forms, clauses, and statements with his/her quote. Failure to do so may cause your quote to be considered unacceptable:

1. Standard Form 1449

2. Schedule of Items/Contract Pricing

3. Completed Solicitation Provisions:

• 52.212-3 Offeror's Representations and Certifications, if different than SAM record

• 52.204-24, Representaton Regarding Certain Telecommunication and Video Surveillance Services and

Equipment.

4. Technical Capability Statement Each quote should include a technical capability statement that details the brand name and number of the equipment offered. If a quoter is offering an Each quote should include a technical capability statement that details the brand name and number of the equipment offered. If a quoter is offering an “equivalent” to the brand name(s) specified in the model Statement of Objectives, the capability statement shall include the following to be analyzed for technical analysis of acceptance/non-acceptance:

a) Meet the salient physical, functional, or performance characteristics specified in the solicitation;

b) Clearly identify the item by brand name, and make/model number;

c) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

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d) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

**See solicitation provision FAR 52.211-6, Brand Name or Equal** All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 Contract Terms and ConditionsCommercial Items which at paragraph (t), requires all Contractors doing business with the Federal Government to be registered in the SAM database. Quoters should include their Unique Entity Identifier number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee's UEI into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Evaluation and Award Methodology The Government intends to make a single award to a contractor, pursuant to an affirmative determination of responsibility, whose quote, conforming to the solicitation, is determined to be lowest priced technically acceptable quote received.

Price:

Price shall be evaluated utilizing the total aggregate pricing offered by the quoter. See Required Documents to be submitted in Quote Submission Insturctions #2.

Technical Acceptability:

Each quote should include a technical capability statement that details the brand name and model number of the equipment offered.

If a quoter is offering an "equivalent" to be the brand name(s) specified in the Statement of Objectives, the capability statement shall include the information detailed at the solicitation provision FAR 52.211-6, Brand Name or Equal. Failure to provide the required documentation may result in your quote not be considered for award. See Required Documents to be Submitted in Quote Submission Instructions#4.

Freedom of Information Act The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests to Federal Agencies for copies of quotations from other than Government sources. The contractor should identify information in its quotation the quoter believes should be withheld from these sources, on the basis the quotes consist of "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (exemption (b) (4) of the FOIA). This identification will assist in the decision by a responsible federal official to disclose or withhold the requested information.

If a contractor considers elements of its quote to be exempt under FOIA, ensure the following notice is annotated on the title page of the quote:

Elements of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on this basis is contained on pages.

The quoter must annotate each individual item it considers privileged or confidential under the FOIA exemption with the following notice:

The data or information is considered confidential or privileged, and not subject to mandatory disclosure under the FOIA. All information in a bidder's bid not designated may be subject to automatic public disclosure if it is requested under the FOIA. It must be emphasized that under the FOIA no information is automatically exempt from public disclosure. However, no disclosures will be made without careful evaluation, giving due regard to the need for safeguarding material considered privileged or confidential by the bidder. It is Department of Justice policy to withhold whenever possible material that is genuinely privileged or confidential.

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must 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. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

(a) Mr./Ms. Donald Osborn, Engineering Tech of FBOP- South Central Regional Office , U.S. Armed Forces Reserve Complex 346 Marine Forces Drive, Grand Prairie, Texas 75051 , [972-730-8884 , is hereby designated to act as Contracting Officer's Representative (COR) under_______________ , for the period of 80 calendar days. (specify the performance period of the contract that the designation covers).

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(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(End of Clause)

52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American- Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers.

The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the

15B50023Q00000004/0002 Page 9 of 38 offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

FAO-0009 Contract Security (Program Statement 3000.03 Human Resource Management Manual)

The following security measures will be applied to all contract employees who will be working under the terms of the contract:

National Crime Information Center (NCIC) Check Name Check Fingerprint Check (FD-258) OF-306, Declaration for Federal Employment, and Appropriate Resume or Optional Application Contract Pre-employment Form Release of Information

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

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

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

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

(3) Prior Approval Required to Hire Subcontractors

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

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract. The separation checklist must verify: (1) return of any Government-furnished equipment; (2) return or proper disposition of personally identifiable information (PII)[2], in paper or

15B50023Q00000004/0002 Page 10 of 38 electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access to PII or other sensitive information.

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

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

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors who have access to PII as well as the creation, use, dissemination and/or destruction of PII at the outset of the employee’s work on the contract and every year thereafter. Training must include procedures on how to properly handle PII, including heightened security requirements for the transporting or transmission of sensitive PII, and reporting requirements for a suspected breach or loss of PII. These courses, along with more information about DOJ security and training requirements for Contractors, are available at https://www.justice.gov/jmd/learndoj. The Federal Information Security Modernization Act of 2014 (FISMA) requires all individuals accessing DOJ information to complete training on records management, cybersecurity awareness, and information system privacy awareness. Contractor employees are required to sign the “Privacy Rules of Behavior,” acknowledging and agreeing to abide by privacy law, policy, and certain privacy safeguards, prior to accessing DOJ information. These Rules of Behavior are made available to all new users of DOJ’s computer network and to trainees at the conclusion of DOJ-OPCL-

CS-0005.

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

(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.

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

The Contractor’s invoicing, billing, and other financial or administrative records or databases is not authorized to regularly store or include any sensitive PII or other confidential government information that is created, obtained, or provided during the performance of the contract without the written permission of the Senior Component Official for Privacy (SCOP). It is acceptable to list the names, titles and contact information for the Contracting Officer, COR, or other personnel associated with the administration of the contract in the invoices as needed.

(5) Reporting Actual or Suspected Data Breach

Contractors must report any actual or suspected breach of PII within one hour of discovery.[4] A “breach” is an incident or occurrence that involves the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where: (1) a person other than an authorized user accesses or potentially accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose. The report of a breach must be made to DOJ. The Contractor must cooperate with DOJ’s inquiry into the incident and efforts to minimize risks to DOJ or individuals, including remediating any harm to potential victims.

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

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

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

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

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

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

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

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

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

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

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

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

(6) Victim Remediation

At DOJ’s request, the Contractor is responsible for notifying victims and providing victim remediation services in the event of a breach of PII held by the Contractor, its agents, or its Subcontractors, under this contract. Victim remediation services shall include at least 18 months of credit monitoring and, for serious or large incidents as determined by the Government, call center help desk services for the individuals whose PII was lost or compromised. When DOJ requests notification, the Department Chief Privacy and Civil Liberties Officer and SCOP will direct the Contractor on the method and content of such notification to be sent to individuals whose PII was breached. By performing this work, the Contractor agrees to full cooperation in the event of a breach. The Contractor should be self-insured to the extent necessary to handle any reasonably foreseeable breach, with another source of income, to fully cover the costs of breach response, including but not limited to victim remediation.

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C. Government Records Training, Ownership, and Management

(1) Records Management Training and Compliance

(a) The Contractor must ensure that all employees and Subcontractors that have access to PII as well as to those involved in the creation, use, dissemination and/or destruction of PII take the DOJ Records and Information Training for New Employees (RIM) training course or another training approved by the Contracting Officer or COR. This training will be provided at the outset of the Subcontractor’s/employee’s work on the contract and every year thereafter. The Contractor shall maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required records management training.

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

(2) Records Creation, Ownership, and Disposition

(a) The Contractor shall not create or maintain any records not specifically tied to or authorized by the contract using Government IT equipment and/or Government records or that contain Government Agency information. The Contractor shall certify, in writing, the appropriate disposition or return of all Government information at the conclusion of the contract or at a time otherwise specified in the contract. In accordance with 36 CFR 1222.32, the Contractor shall maintain and manage all Federal records created in the course of performing the contract in accordance with Federal law. Records may not be removed from the legal custody of DOJ or destroyed except in accordance with the provisions of the agency records schedules.

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

The Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

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

D. Data Privacy and Oversight

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

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

(2) Requirements for Contractor IT Systems Hosting Government Data

The Contractor is required to obtain an Authority To Operate (ATO) for any IT environment owned or controlled by the…