U. S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

P.O. Box 26015

Beaumont, Texas 77720

November 6, 2026

15B50227Q00000014, Pest and Wildlife Control Federal Correctional Complex (FCC) Beaumont

Dear Quoter:

Accompanying this cover letter is a solicitation package prepared by the Federal Bureau of Prisons, Federal Correctional Complex, for the acquisition of Pest and Wildlife Control for FCC Beaumont. This package contains all the necessary information for submitting a request for quote for evaluation. When submitting a request for quote, quoters should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of the quotes.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 Contract Terms – Commercial Items. This clause requires all contractors doing business with the Federal Government to be registered in the System for Award Management (SAM) database. Quoters should include their Unique Entity Identifier (UEI) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee’s UEI number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

All communications regarding this RFQ, including any of a technical nature, must be made in writing to the Contracting Officer. Questions will not be answered by telephone or in person. Please read the important instructions that are incorporated by reference in the provision at FAR 52.212-1, “Instructions to Offerors- Commercial Items”, and any addendum thereto. The Contracting Officer assigned to this procurement is the undersigned. Your attention is directed to the fact that the Contracting Officer is the only individual who can legally commit or obligate the Government to an expenditure of public funds should a contract result from this RFQ.

Prospective quoters are also cautioned against discussing the preparation of their quote (or any technical questions) with Government technical personnel. The circumstances of such contact, when verified, may result in non-consideration of the quote. Accordingly, all communication prior to award shall be directed to the Contracting Officer, in writing, at the aforementioned address.

Quotations shall be received on or before the deadline of November 13, 2026, by 3:00 p.m. CST.

Quotes shall be submitted electronically, via email to dtydlacka@bop.gov and cvalderas@bop.gov in pdf format only and will be deemed received at the time indicated on the email notification. Faxed and hand delivered quotes will not be accepted.

Please place any questions you may have in writing and email them to dtydlacka@bop.gov and cvalderas@bop.gov. We will consider all questions received and provide responses, where appropriate.

The period of performance for this award will be approximately: 11/23/2026 to 09/30/2027.

Sincerely, Dillon Tydlacka, Contract Specialist Federal Bureau of Prisons Federal Correctional Complex Beaumont

Enclosure

Celeste Valderas, Contract Specialist Federal Bureau of Prisons Federal Correctional Complex Beaumont mailto:dtydlacka@bop.gov mailto:cvalderas@bop.gov mailto:dtydlacka@bop.gov mailto:cvalderas@bop.gov

15B50227Q00000014 Page 1 of 39

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B50227Q00000014

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/06/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Celeste Valderas | Dillon Tydlacka

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

TIME

11/13/2026 15:00 CT

CODE 15B502

Federal Bureau of Prisons

FCC Beaumont

5430 Knauth Road

Beaumont, TX 77705

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

561710

SIZE STANDARD:

$17.5M

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE 15B50216. ADMINISTERED BY

Federal Bureau of Prisons FCC Beaumont 5430 Knauth Road Beaumont, TX 77705

Celeste Valderas | Dillon Tydlacka cvalderas@bop.gov | dtydlacka@bop.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

BBMXCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Beaumont

PO BOX 26015

Beaumont, TX 77720

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Pest and Wildlife Control - November 2026 to September

Please provide your SAM.gov UEI# and email below.

UEI #: _____________________________________

EMAIL: _____________________________________

Firm Fixed Price

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

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE 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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Celeste A Valderas

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

BOP77860

Highlight

BOP77860

Highlight

BOP77860

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BOP77860

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BOP77860

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BOP77860

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15B50227Q00000014 Page 2 of 39

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 11/2021) BACK

15B50227Q00000014 Page 3 of 39

Table of Contents

Section Description Page Number

A Solicitation/Contract Form B Supplies or Services and Prices/Costs C Description/Specifications/Statement of Work

Statement of Work: Pest and Wildlife Control for Food Service Areas D Packaging and Marking E Inspection and Acceptance F Deliveries and Performance G Contract Administration Data H Special Contract Requirements

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

FORM (JUNE 2004)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (OCT 2026) DOJ-05 Security of Department Information and Systems (APR 2026)

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

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

(JUNE 2004)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.209-6 (DEV) Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025)

(DEVIATION NOV 2025)

52.209-10 (DEV) Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)

(DEVIATION NOV 2025)

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

2023) (DEVIATION NOV 2025)

52.219-6 (DEV) Notice of Total Small Business Set-Aside (Nov 2020) (DEVIATION DEC 2025) 52.219-8 (DEV) Utilization of Small Business Concerns (Jan 2025) (DEVIATION DEC 2025) 52.219-33 (DEV) Nonmanufacturer Rule (Sep 2021) (DEVIATION DEC 2025) 52.222-3 (DEV) Convict Labor (June 2003) (DEVIATION DEC 2025) 52.222-19 (DEV) Child Labor-Cooperation with Authorities and Remedies (Jan 2025)

(DEVIATION MAR 2026)

52.222-36 (DEV) Equal Opportunity for Workers with Disabilities (Jun 2020) (DEVIATION

DEC 2025)

52.222-50 (DEV) Combating Trafficking in Persons (Oct 2025) (DEVIATION DEC 2025) 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving (May 2024) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007)

J List of Attachments K Representations, Certifications and Other Statements of Offerors

52.222-56 (DEV) Certification Regarding Trafficking in Persons Compliance Plan (Oct 2025)

(DEVIATION DEC 2025)

L Instructions, Conditions and Notices to Offerors

15B50227Q00000014 Page 4 of 39

52.204-7 (DEV) System for Award Management-Registration (Nov 2024) (DEVIATION NOV 2025) 52.212-1 (DEV) Instructions to Offerors-Commercial Products and Commercial Services (Sep

2023) (DEVIATION NOV 2025)

BOP 2852.237-78 Submission/Evaluation of Quotations/Offers by Individuals (Nov 2014)

M Evaluation Factors for Award 52.212-2 (DEV) Evaluation-Commercial Products and Commercial Services (Nov 2021)

(DEVIATION NOV 2025)

15B50227Q00000014 Page 5 of 39

Section B - Supplies or Services and Prices/Costs

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Pest and Wildlife Control for Food Service Areas

The Contractor shall provide pest management and nuisance wildlife control services to prevent, identify, and control insects, rodents, and other pests that may affect food service operations, sanitation, or facility safety. Services shall use an integrated pest management approach, with non-chemical methods considered first and pesticides used only when needed. Pricing will be adjusted when the Federal Correctional Institution Low shuts down.

Services shall cover all food service areas at Federal Correctional Complex Beaumont, including four separate kitchen locations, and the Central Warehouse location:

• Satellite Prison Camp (SPC)

• Federal Correctional Institution Low (FCIL)

• Federal Correctional Institution Medium (FCIM)

• United States Penitentiary (USP)

• Food Service Warehouse Coverage includes kitchens, dining areas, food and dry storage rooms, dishwashing areas, loading and receiving areas, trash and recycling areas, and nearby exterior areas that may contribute to pest activity. The vendor must be a local vendor that is within a 100-mile radius of the institution.

Pests covered include, but are not limited to:

• Cockroaches, ants, flies, and stored-product pests

• Rats, mice, and other rodents

• Raccoons and nuisance wildlife affecting food service areas

Please review Statement of Work for further details located under Section C.

All contractors who will be performing the on-site work will be required to pass a NCIC criminal history check. Further details will be discussed upon award.

PSC: 6840

Line Period of Performance: 11/23/2026 - 09/30/2027

1 SV $________ $_________________

15B50227Q00000014 Page 6 of 39

Section C - Description/Specifications/Statement of Work

Clauses By Full Text

Statement of Work: Pest and Wildlife Control for Food Service Areas

Subject The Contractor shall provide comprehensive pest management, rodent control, and nuisance wildlife services for food service and warehouse operations at the Federal Correctional Complex (FCC) Beaumont. Services are required to immediately address active pest and rodent infestations, prevent contamination of food products, protect Government property, and maintain sanitary and safe operational conditions.

The Contractor shall utilize an Integrated Pest Management (IPM) approach emphasizing inspection, monitoring, sanitation recommendations, exclusion methods, and targeted treatments. Chemical controls shall be used only when necessary and in accordance with all applicable Federal, State, and local requirements.

The Contractor shall maintain a business location within a 100-mile radius of FCC Beaumont to ensure timely service response.

Place of Performance Services shall be performed at the following FCC Beaumont locations:

Satellite Prison Camp (SPC) 6200 Knauth Road Beaumont, TX 77705

Federal Correctional Institution Low (FCIL) 5560 Knauth Road Beaumont, TX 77705

Federal Correctional Institution Medium (FCIM) 5830 Knauth Road Beaumont, TX 77705

United States Penitentiary (USP) 6200 Knauth Road Beaumont, TX 77705

Food Service Warehouse 5980 Knauth Road, Beaumont, TX 77705

Services shall include kitchens, dining facilities, food preparation areas, dry-storage areas, dishwashing areas, loading docks, receiving areas, refuse storage areas, warehouse spaces, and adjacent exterior areas that may contribute to pest activity.

15B50227Q00000014 Page 7 of 39

Scope of Services The Contractor shall provide all labor, supervision, equipment, materials, tools, vehicles, pesticides, trapping devices, bait stations, personal protective equipment, licenses, permits, and incidentals necessary to perform the services described herein.

Covered pests and wildlife include, but are not limited to:

• American cockroaches

• German cockroaches

• Ants

• Flies

• Stored-product pests

• Rats

• Mice

• Other rodents

• Raccoons

• Other nuisance wildlife affecting food service operations

The Contractor shall inspect for:

• Pest and rodent activity

• Entry points

• Nesting and harborage locations

• Conditions conducive to infestations

• Structural or sanitation deficiencies contributing to pest activity

The Contractor shall provide written recommendations for corrective actions including sanitation improvements, exclusion measures, and reduction of attractants. Structural repairs are excluded unless separately authorized by the Government.

General Pest Control Program The Contractor shall provide comprehensive pest management services for all designated facilities and food service locations.

Services shall include:

• Detailed facility inspections

• Monitoring and surveillance of pest activity

• Treatment of identified pest harborage areas

• Targeted applications for crawling insects

• Management of cockroach infestations

• Control of ants, flies, and stored-product pests

• Follow-up inspections and treatment activities as required

Services shall be designed to rapidly reduce existing pest populations while establishing long-term control measures to prevent recurring infestations.

Exterior Rodent Control Program

15B50227Q00000014 Page 8 of 39

The Contractor shall establish and maintain an exterior rodent management system around all covered facilities.

Services shall include:

• Installation of tamper-resistant bait stations and monitoring devices

• Strategic placement around building perimeters and high-risk areas

• Maintenance and servicing of all devices

• Documentation of rodent activity trends

• Replacement of damaged or ineffective control devices

All bait stations and monitoring devices shall be labeled, secured, mapped, and maintained throughout contract performance.

Intensive Rodent Mass Trapping Program Due to active rat activity identified within food storage warehouse facilities, the Contractor shall implement an intensive rodent reduction program.

Initial Suppression Period The Contractor shall conduct a 30-day intensive rodent mass trapping effort utilizing:

• Multiple trapping methods

• Strategic trap placement

• Frequent servicing in accordance with industry best practices

• Monitoring and documentation of activity levels

• Continuous reassessment and adjustment of trap placement

The objective of this effort is to rapidly reduce rodent populations, minimize contamination risks, and restore operational control of affected warehouse areas.

Service Requirements The Contractor shall:

• Conduct a comprehensive initial inspection.

• Provide monthly inspections and treatment services during the second week of each month.

• Coordinate scheduled visits with the Government Point of Contact (POC) at least 72 hours in advance.

• Respond to urgent service requests within 24 hours. Urgent service requests include, but are not limited to, wildlife or pest incidents that pose an immediate threat to life, health, safety, security, facility operations, or government property.

• Respond to routine service requests within 48 hours. Routine service requests include non-emergency pest management issues, scheduled inspections, preventive services, follow-up treatments, and nuisance wildlife activity that does not present an immediate threat.

• Protect food products, equipment, utensils, and surfaces from contamination during service.

• Use only approved products suitable for food-service environments.

• Coordinate pesticide applications with the Government representative.

• Immediately notify the Government of significant pest activity requiring urgent attention.

• Provide all documentation necessary to obtain institution access and security clearance for personnel.

15B50227Q00000014 Page 9 of 39

If a raccoon or other large nuisance wildlife animal is captured, the Contractor shall respond and remove the animal within 24 hours of Government notification.

Records and Deliverables The Contractor shall provide:

Initial Inspection Report Within seven (7) business days following the initial inspection.

The report shall include:

• Pest activity identified

• Areas affected

• Risk assessment

• Recommended corrective actions

Service Reports Following each service visit, the Contractor shall provide a report documenting:

• Areas inspected

• Pest activity observed

• Treatments performed

• Products utilized

• Device inspections

• Recommendations for corrective actions

Additional Deliverables

• Safety Data Sheets (SDS) for all products prior to use

• Product labels for all pesticides utilized

• Site map identifying trap, bait station, and monitoring device locations

• Immediate notification of urgent findings

• Written urgent findings summary within seven (7) business days

Contractor Qualifications The Contractor shall:

• Maintain all required pest control licenses and certifications.

• Maintain all required wildlife control permits.

• Maintain commercial liability insurance.

• Employ properly trained personnel.

• Comply with all Federal, State, and local regulations governing pesticide application, wildlife control, and occupational safety.

Government Responsibilities The Government shall:

• Designate a Point of Contact (POC).

• Provide reasonable access to service locations.

• Coordinate facility access and security requirements.

• Review submitted reports.

Period of Performance This requirement is intended as a pest suppression and rodent abatement effort with recurring monthly and as needed service support, beginning November 2026 to September 2027.

15B50227Q00000014 Page 10 of 39

The Contractor shall perform all inspections, monitoring, treatments, and corrective actions necessary to bring identified infestations under control and maintain acceptable pest-management conditions throughout the contract period.

Pricing adjustments may be negotiated if FCI Low ceases operations during contract performance.

Performance Standards Performance shall be considered acceptable when:

• Scheduled inspections and services are completed on time.

• Pest populations are effectively reduced and controlled.

• Rodent monitoring devices are properly maintained.

• Traps and bait stations are inspected and serviced during each visit.

• Reports are accurate, complete, and submitted on time.

• Required response times are met.

• Services comply with all applicable food-safety, pesticide-use, and wildlife regulations.

• Follow-up actions are effectively implemented.

Deficiencies identified by the Government are corrected promptly.

15B50227Q00000014 Page 11 of 39

Section D - Packaging and Marking

This Section Is Intentionally Left Blank

15B50227Q00000014 Page 12 of 39

Section E - Inspection and Acceptance

15B50227Q00000014 Page 13 of 39

Section F - Deliveries and Performance

15B50227Q00000014 Page 14 of 39

Section G - Contract Administration Data

15B50227Q00000014 Page 15 of 39

Section H - Special Contract Requirements

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)

52.27-103-72A DEPARTMENT OF JUSTICE RESIDENCY

REQUIREMENT CERTIFICATION FORM (JUNE 2004)

Name: "[Name]"

Date: "[Date]"

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous

Material (OCT 2026)

Clauses By Full Text

DOJ-05 Security of Department Information and Systems (APR 2026)

I. Applicability to Contractors and Subcontractors Section 2839.102 of the Justice Acquisition Regulation (JAR), (48 C.F.R. § 2839.102), applies to this contract.

Accordingly, all contractors are obligated to comply with all applicable DOJ security policies, directives, or guidance documents, including the security requirements in the provisions in this contract clause. This contract clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of the contractors and subcontractors (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. The security requirements set forth herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), and any other applicable laws, mandates, contract clauses, DOJ policies, directives or guidance documents and Executive Orders pertaining to the development and operation of Information Systems and/or the protection of Government Information. This clause does not alter or diminish any existing rights, obligations, 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. Authorization to Operate (“ATO”), as defined in National Institute of Standards and Technology (“NIST”) Special Publication (“SP”) 800-37 Revision 2, is the official management decision given by a senior Federal official or officials to authorize operation of an information system and to explicitly accept the risk to agency operations (including mission, functions, image, or reputation), agency assets, individuals, other organizations, and the Nation based on the implementation of an agreed-upon set of security and privacy controls.

B. Cloud Computing, as defined in DOJ Order 0904 Cybersecurity Program, is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This cloud model is composed of five essential characteristics, three service models, and four deployment models in accordance with NIST SP 800-145.

C. Covered Contract is any contract, order or other agreement under which the contractor, or a subcontractor at any tier, including a cloud service provider, may access, collect, store, process, maintain, use, share, retrieve, 15B50227Q00000014 Page 16 of 39 disseminate, transmit, or dispose of DOJ Information (as defined below) in the course of providing a product or service to the Department, with the exception of acquisitions under the micro-purchase threshold.

D. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information under a Covered Contract.

E. Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data, computer software, and personally identifiable information (PII) (defined below). The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

F. DOJ Information, as defined in DOJ Order 0904, 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 limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by the Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired to perform the contract.

G. Information, as defined in DOJ Order 0904, is any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. This includes any communication or representation of knowledge in an electronic format that allows it to be stored, retrieved, or transmitted.

H. Information System, means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502(8)).

I. Personally Identifiable Information (“PII”), as defined in the FAR 24.101, means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. It includes but is not limited to common data elements such as names, addresses, dates of birth, and places of employment, to identity documents, Social Security numbers or other government-issued identifiers, precise location information, medical history, and biometric records. This definition covers all PII that is created by or becomes available to the contractor, including its employees, subcontractors, or affiliates, as a result of performing under this contract. PII, as supplementally defined in DOJ Order 0904, also includes information about an individual maintained by an agency, including, 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.

J. Private Cloud, as defined in NIST SP 800-145, is the deployment model for cloud infrastructure provisioned for exclusive use by a single organization comprising multiple consumers (e.g., business units). It may be owned, managed, and operated by the organization, a third party, or some combination of them, and it may exist on or off premises.

K. Security Breach means any security incident (as defined below) that directly relates to the loss of control, compromise, exfiltration, manipulation, unauthorized disclosure, unauthorized acquisition, unauthorized exposure or unauthorized access or any similar occurrence of any Covered Information System or any DOJ Information or any PII accessed by, retrievable from, processed by, stored on, or transmitted within, to or from any such system. This includes incidents where (1) a person other than an authorized user accesses or potentially accesses PII or DOJ Information or (2) an authorized user accesses or potentially accesses PII or DOJ Information for an unauthorized purpose.

a. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed security breach (as defined above).

b. Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed security breach (as defined above).

L. Security Incident means any occurrence that (1) may actually or imminently jeopardize, without lawful authority, the availability, integrity, authentication, confidentiality, or nonrepudiation of DOJ Information or a Covered Information System; or (2) may constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.

a. Potential Security Incident means any suspected, but unconfirmed security incident (as defined above).

b. Confirmed Security Incident means any confirmed security incident (as defined above).

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M. Vulnerability, as defined in DOJ Vulnerability Management Plan, and the OCIO Information Security Management Procedure, means a weakness or flaw discovered in the design of a system that, when exploited, may result in a loss of confidentially, integrity, or availability of DOJ Information or an Information System.

III. Confidentiality and Non-Disclosure of DOJ Information A. Preliminary and final contract deliverables and all associated working papers and material generated by the Contractor developed using DOJ Information, product, source code, and/or methods of operations, are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“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 (Rights in Data-General). The Contractor will define a method of monitoring the development activity to include any activity associated with DOJ Information, product, source code, and methods of operations. The data rights and development details shall be defined within the Contract.

If the Contractor intends to utilize its existing data, for which it has a patent or copyright, to develop a contract deliverable, it is incumbent upon the Contractor to negotiate with the CO the proper FAR Part 27 clauses in the contract to protect its existing data.

B. Pursuant to FAR 52.227-14(d)(2), all documents and data produced in the performance of this contract containing DOJ Information, product code, source code, and/or methods of operations are the property of the U.S.

Government and, without the prior written permission of the CO, the Contractor shall neither reproduce nor release such information to any third-party at any time, including during performance or following expiration and/or termination of the contract.

C. Any DOJ Information made available to the 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, the Contractor assumes responsibility for the protection of the confidentiality of all DOJ Information processed, stored, or transmitted by the Contractor. The Contractor shall comply with information security responsibilities and duties throughout the contract and after expiration/ termination as appropriate per contract close-out activities. When requested by the CO (typically no more than annually), the Contractor shall provide a report to the CO identifying, to the best of the Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).

IV. Compliance with Information Technology Security Policies, Procedures and Requirements A. For all Covered Information Systems, in addition to any other applicable requirements, as set forth in Part I, the Contractor shall comply with the security requirements of the Federal Information Security Modernization 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, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards as amended, and OMB Memoranda relating to the security of information and/ or Federal Information Systems.

B. In addition, for all Covered Information Systems, the Contractor shall comply with the following requirements, which are listed here only to highlight certain specific applicable requirements from one of the sources identified in the first paragraph of this Section. This is not an exhaustive list of all such requirements with which the Contractor is obligated to comply, and the omission of a requirement from this list should not be construed as negating the materiality of that requirement. These requirements and those in the authorities in the prior paragraph should be read together.

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 at least annually to all Contractor employees and contractors involved with the Covered Contract. Such training shall include, but not be 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, in accordance with applicable requirements but in any event at least until the expiration of the contract, Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information.

4. Maintaining authorizations to operate any Covered Information System.

5. Performing continuous monitoring on all Covered Information Systems, to include but not be limited to, collecting, reviewing, and analyzing appropriate logs and timely investigating security alerts and potential security incidents.

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6. Establishing and maintaining baseline configurations and current 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 Covered Information Systems.

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

8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication methods as defined by NIST 800-63-3, Digital Identity Guidelines or current revision.

9. Establishing and maintaining an operational incident handling capability for Covered Information Systems that includes adequate and timely development, logging, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and timely reporting incidents to appropriate officials and authorities within the 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.

11.Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media, and DOJ assets under Contractor control; protecting them from environmental impacts, access, and equipment positioning requirements defined; 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.

12.Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized personnel according to DOJ 03.

13.Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Security standards including personnel background checks.

14.Continuously assessing the risk to DOJ Information in Covered Information Systems, including scanning and remediating vulnerabilities, or implementing appropriate mitigation in accordance with DOJ policy, and ensuring the timely removal of assets no longer supported by the Contractor.

15.Continuously monitoring the application of security controls of Covered Information Systems, assessing the efficacy of such controls, and developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Covered Information Systems.

16.Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Covered Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security.

17. 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 and timely action in response.

18.Ensuring return of Government Furnished Equipment (“GFE”) and/or PIV card assets within 10 business days of notification for end of use (contract end, staff change, etc.).

19.Complying with rights in data (FAR 52.227-14) as to the development, management, and protection of DOJ Information.

20.Reporting on risks or known issues impacting DOJ Services (staffing, hardware, process, changes, etc.)

through the Contractor’s CO or COR, DOJ Service Owner (“SO”), and Government Technical Manager (“GTM”) including risk mitigation activities.

21.Reporting through the Contractor’s CO or COR on any projected or planned changes in corporate ownership, covered information system design, and/or any technical changes that could impact the confidentiality, integrity or availability of DOJ Information, data, or systems. Changes to system design must be updated through the authorization process per NIST SP 800-37 Revision 2, Step 6 (‘Continuous Monitoring”) or current NIST revision.

22.When, as part of operating within the DOJ environment, the Contractor’s covered information system is subject to review, audit, or assessment by third parties, facilitating DOJ access to information system resources, facilities, personnel, and documentation in a timely manner as required by the auditors. Should a third-party organization conduct a review of any Covered Information System, the Contractor must provide a copy of the report to DOJ, through the CO and COR.

23.To enhance software supply chain and transparency, upon request, the Contractor shall provide a current Software Bill of Materials (SBOM) for all software, software updates, modules, libraries, and container images delivered or operated in the performance of this contract, consistent with applicable federal policy such as the National Telecommunications and Information (NTIA)-established minimum elements for SBOM to the CO who

15B50227Q00000014 Page 19 of 39 will refer to the DOJ Cyber-Security Risk Management team (C-SCRM) [Authority: OMB M-26-05; EO 14028/ NTIA minimum requirements].

24.Reporting on outages impacting DOJ Services through the Contractor’s CO, COR, and DOJ Service Owner (SO) to include event and mitigation details.

C. The Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtaining an 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. (For Cloud Computing Systems, see Section V, below.)

D. The Contractor shall ensure compliance with DOJ-03 (Personnel Security Requirements for Contractor Employees) as to all Covered Information Systems.

E. When requested by the DOJ CO or COR as described below, the 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 the 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 reviews by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, the Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

F. The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause or access a Covered Information System is prohibited unless the CO approves it in writing after the Contractor has provided a letter certifying compliance with the following requirements. For any requirements which include the use or storage of PII, the Senior Component Official for Privacy must also approve. Any additional requirements set forth for the use or storage of PII under DOJ-02, Contractor Privacy Requirements, are in addition to, not superseded by, the requirements set forth here.

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

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

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

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

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

6. Cybersecurity Awareness Training (CSAT) shall be provided annually by Contractor for all users of Covered Information System. This training must be submitted to, and approved by, the CO or COR in advance of being provided to users. Users must complete and acknowledge having received CSAT each year. At a minimum, CSAT provided by contractors must include:

a. Insider Threat Detection and Reporting – Importance of detecting, methodologies, indicators, and reporting

b. Privacy Awareness – Privacy Act and PII

c. General Cybersecurity – Information security, trends in advance persistent threats, social engineering/phishing, appropriate use, mobile devices, remote access, basic security best practices

G. Contractors shall not store DOJ information on Contractor-owned removable IT (e.g., media such as a thumb drive or external hard drive) unless expressly authorized in writing by the DOJ CO or COR in the performance of their contract.

H. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

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

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J. The Contractor must remove all DOJ Information from Contractor media and return all such information to the DOJ within 10 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 in a format and form acceptable to DOJ. The Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 10 business days of the removal and return of all DOJ Information.

K. DOJ, at its discretion, may suspend the Contractor’s access to any DOJ Information, or terminate the contract, when DOJ suspects that the Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incident or Security Breach (see definitions above), 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.

Any termination action taken because of the Contractor’s suspected failure to comply with any security requirement will be conducted in accordance with the applicable termination clause governing the awarded contract. The Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to DOJ, and that upon request by the CO, the Contractor must immediately return all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at the Contractor’s expense. The Contractor must comply with FAR 52.227-14 (Rights in Data), FAR 52.245-1 (Government Property), DOJ 2400.3A Chapter 1 (component property procedures), and FAR 4.804-5(a)(6) (Procedures for closing out contract files).

V. Cloud Computing A. The Contractor may not utilize the Cloud system of any Cloud Service Provider (“CSP”) unless:

1. 1. All of the following has occurred: (a) the Cloud system and CSP have been evaluated by a Third Party Assessing Organization (“3PAO”) certified under FedRAMP; (b) the Cloud system received FedRAMP authorization; (c) the Contractor has provided the most current System Security Plan (“SSP”) and Security Assessment Report (“SAR”) to the DOJ CO for consideration, and provides any subsequent SSPs and SARs within 30 days of issuance; and, (d) the Authorizing Official for the DOJ component responsible for maintaining the security confidentiality, integrity, and availability of the DOJ Information under the Covered Contract has issued an ATO; or,

2. In cases where the CSP or its offering is not FedRAMP authorized, the COR approves utilization of the Cloud System after the CSP has worked with the authorizing official, the DOJ OCIO, and the FedRAMP Program Management Office to determine that the CSP is likely to seek and receive Agency/FedRAMP authorization within 1 year, or DOJ has authorized use as a Private Cloud or Contractor Owned, Contractor Operated system.

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

C. The Contractor must ensure that the CSP provides access and information to support and enable DOJ’s cloud security posture management, to include the current inventory of security management configuration data for services and information to confirm the Contractor has been monitoring accounts for compliance with security requirements.