TSCIF 15DDHQ25Q00000146 Amend 0001.pdf

15DDHQ25Q00000146 Amendment 0001

This amendment incorporates additional local and department clauses that were inadvertently omitted from the initial posting. These clauses have been incorporated into the appropriate sections of the solicitation. This amendment replaces the original solicitation in its entirety. All previous versions are hereby superseded. Offerors shall use this version when preparing their response. Offerors must acknowledge receipt of this amendment in their proposal submission by acknowledging the amendment on the face of the proposal or including a written statement of the acknowledgment with the proposal. A summary of the added or updated clauses/provisions is provided below. Except as provided herein, all other terms and conditions remain unchanged.

FAR 52.252-1 (FEB 1998)

FAR 52.252-2 (FEB 1998)

JAR 2852.233-70 (NOV 2020)

JAR 2852.212-4 (NOV 2020) (DEV)

JAR 2852.201-70 (NOV 2020)

JAR 2852.222-70 (DEC 2014)

DOJ-01 (OCT 2021)

DOJ-02 (JAN 2022)

DOJ-03 (NOV 2021)

DOJ-08 (OCT 2007)

DEA-2852.203-70 (SEP 2021)

DEA-2852.209-70 (SEP 2021)

DEA-2852.211-71 (JUL 2021)

DEA-2852.237-70 (JUN 2018)

DEA-2852.239-74 (MAY 2012)

DEA-2852.242-72 (MAY 2012)

DEA-2852.242-74 (May 2012)

DEA-2852.242-82 (APR 2023)

DEA-2852.247-70 (MAY 2012)

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in

FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR subpart 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation;

a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation may be posted on SAM.gov.

The RFQ number is 15DDHQ25Q00000146. This solicitation documents and incorporates provisions and clauses in effect through FAC 2025-05. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov. The NAICS Code is 238990: All

Other Specialty Trade Contractors, and the Small Business Standard is $19.0M. This is a Full and Open competitive effort.

The Drug Enforcement Administration, Office of Acquisitions, requests responses from qualified sources capable of providing a Faraday SCIF Tent:

LINE

ITEM NO.

DESCRIPTION QTY UNIT

UNIT

PRICE

TOTAL

Tents to be double layer of EMI/RF attenuating fabric with a

Square Extruded Aluminum Frame. The larger tent will have

(3) doors and be built in modular construction format. The smaller tent will have (1) door and be built in modular construction format. Both tents will have a heavy-duty vinyl floor. Includes a minimum 3 Year Manufacturer's Warranty.

1 Each

0002 SCIF DOOR 60DB RF SHIELDED DOOR with Door Controller 1 Each

NEMA CUSTOM 30A AC Power IO Plate without Ethernet

Includes: 250 VAC/500 VDC/30A facility filter (-100 dB

100kHz to 40 GHz) with (1) USA 120VAC/20A junction box terminated to a 20A max-rated outlet.

5 Each

CUSTOM Wall Mounted IO Plate with (1) 10A IEC AC-1 Filter with power cord and (5) outlet power strip. To be used for emergency lights & exit signs.

2 Each

CUSTOM Wall Mounted IO Plate with (1) 10A IEC AC-1 Filter with power cord and (5) outlet power strip. To be used for

HVAC thermostats.

2 Each

CUSTOM Wall-mounted IO Plate with (1) 10A IEC AC-1 Filter with power cord and (5) outlet power strip. 6 Each

Large Vent System Includes: a total of (6) 7” x 7” 4VDC Fan

(470 cfm) with a 7” x 7” Vent Panel and (6) Exhaust Vent Panel plus (14) additional 7" x 7" ventilation panels - (7) will have duct sleeves.

https://www.acquisition.gov/

LIGHTING 120’ T Slot Extrusion Lighting Kit – 4000k 300mm

LED Light Fitting Extrusion T Slots, 4k cool white with diffused cover

CUSTOM CABLE SLEEVES 4" Dia x 3'L Installed in 9"x9" plate. 11 Each

TRIPP LITE SMART TOWER (UPS) SMART1200XLHG

1000VA 750W - Tripp Lite Smart Tower can stay as that is an off the shelf item any vendor can supply.

4 Each

0011 CEILING ACCESS POINTS 2'x2' Single/Double Magnet Doors 5 Each

0012 ESTIMATED SHIPPING COSTS 1 Each

0013 INSTALLATION 1 Each

NSP

The period of performance for the effort is not to exceed (NTE) 16 weeks after award.

Specifications of work to be performed:

The Drug Enforcement Administration has a need to rapidly expand both the square footage and capabilities of the

SCIF working area which is located on the third floor of the facility. The increasing engagements with members of the

Intelligence Community (IC), information sharing, personnel surge, and frequent meetings has led to severe overcrowding conditions and impacts to operational activities due to the limits of the legacy SCIF. Additionally, with the impeding relocation of DEA’s operations within the next three to five years, a complete SCIF build out is not an applicable course of action at this time. However, the utilization of a Temporary SCIF (T-SCIF) is required.

The structure will be established and accredited as a separate room in the form of two separate structures measuring 9’ x 14’ x 8’ 6” and 34’ x 36’ x 8’ 6”. The structure will be retrofitted in accordance with (Diagram A) to include a 4’ x 8’ x 8’ 6” hallway leading to the SCIF door described later in this document. A custom designed Faraday tent constructed and manufactured with a fabric material that adheres to Berry Compliancy. The fabric must be durable in nature, constructed of nylon ripstop fabric produced with silver, copper, and nickel, have a surface resistivity of better than 0.006 ohms/sq., and be coated with a protective polyurethane to prevent oxidation of metallic layers within the material. The tent frame will be made with extruded aluminum frame that would position a double layered RF shielded material against the ceiling grid with specific access panels that maintain RF shielding integrity with heavy duty flooring material. It will not be an expansion of the current, but rather an adjacent SCIF with no access portal connecting the spaces. The structure of the T-SCIF must be temporary in nature, be a stand-alone structure, be assembled within the proposed space without any modifications being made to the building, ceiling grid, or its systems, and provide complete radio frequency (RF) shielding/attenuation capabilities to meet current Tempest standards. The structure must be a modular-style enclosure that affords the ability for future additions or increased scalability. The vendor shall provide a quote that includes a minimum of a three-year warranty.

The vendor will install the structure utilizing only U.S. Citizen workforce capable of being cleared to agency standards. The structure must provide a singular secure access point with a SCIF door with 60DB RF shielded protection and appropriate closure hardware required for life safety and intrusion protection which is capable of interfacing with in-place access control system. The structure must have access panels installed in customer dictated locations to provide unimpeded access to building owner’s systems and inspectable spaces. These access panels must be designed in a way that are easy-to-use, capable of handling repeated openings/closings, long term lifespans, and offer a strong patented redundant adhesion method of multiple rows of magnets that have been tested and verified to ensure continued RF attenuation. The structure must offer a method of affixing to a metallic door frame which continues the RF attenuation properties while not being permanently mounted to aforementioned frame. Preferred method will have a patented redundant adhesion method of multiple rows of magnets that have been tested and verified to ensure continued RF attenuation. The structure material must be flexible in nature in order to integrate the fire suppression system that is currently installed on the building while not changing any aspect of the capabilities or the system itself while still maintaining the RF attenuation properties.

The structure must have (5) customizable NEMA CUSTOM plates to allow for protected/filtered power with the following specifications: 30A AC Power IO Plate adapters which include 250 VAC/500 VDC/30A facility filter (-100 dB

100kHz to 40 GHz) with (1) USA 120VAC/20A junction box terminated to 20A max-rated outlets. The structure must have a (10) customizable wall mounted IO Plates with (1) 10A IEC AC-1 filter with power cord and (5) outlets.

The structure must be outfitted with 120 feet of a T-Slot extrusion LED lighting system, 4000K cool white with diffused cover, with 300mm LEDs to provide ample lights for the workspace. The lighting system must be equipped with an uninterruptable power supply (UPS) (750W) to provide emergency power in case of power outage to afford adequate lighting for egress.

The structure will need an air flow system that utilizes vents, 7” x 7” fans, filters and duct sleeves that are shielded in a fashion that continues the RF attenuation properties while not affixing or making changes to the building’s systems.

The structure will need (11) custom sleeve attachments 4" diameter by 3’ in length installed in 9"x9" plate to continue RF shielding around sprinkler heads not to impede or impact fire suppression performance.

Location:

Contractor’s Facility and DEA Building Chantilly, VA 20151 (Exact address TBA upon award)

Period of Performance: Up to 16 weeks post-award

POINT OF CONTACTS:

1. Technical POC: TBD UPON AWARD.

2. Contracting Officer’s Representative (COR): TBD UPON AWARD.

3. Contracting Officer: Alicia Thomas Alicia.n.thomas@dea.gov

ATTACHMENT (1) - TECHNICAL CAPABIILITIES FOR SPECIFICATIONS TO BE FILLED

OUT SEPARATELY AND RETURNED WITH QUOTE.

The following FAR provision and clauses are applicable to this procurement:

52.203-6 ALT 1, Restrictions on Subcontractor Sales to the Government (JUN 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) (RESERVED)

52.204-7-- Central Contractor Registration (Oct 2018)

52.204-9-- Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

52.204-13 --System for Award Management Maintenance

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016)

52.204-16 -- Commercial and Government Entity Code Reporting (JUL 2016)

52.204-18 -- Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 -- Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-20 -- Predecessor of Offeror (Aug 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other

Covered Entities (NOV 2021)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

52.204-26 Covered Telecommunications Equipment or Services—Representation (OCT 2020)

52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

52.209-2-- Prohibition On Contracting With Inverted Domestic Corporations--Representation (Nov 2015)

52.209-6 Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment (NOV 2021)

52.209-7 Information Regarding Responsibility Matters (OCT 2018)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

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

52.212-1, Instructions to Offerors - Commercial Items;

mailto:Alicia.n.thomas@dea.gov

52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021)

52.212-3 Offeror Representations and Certifications - Commercial Items;

52.212-4, Contract Terms and Conditions - Commercial Items, 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and

Commercial Services (FEB 2024)

52.219-28 -- Post Award Small Business Program Representation

52.222-3 -- Convict Labor

52.222-19 -- Child Labor – Cooperation with Authorities and Remedies

52.222-21-- Prohibition of Segregated Facilities

52.222-26 -- Equal Opportunity (Sep 2016)

52.222-35 Equal Opportunity for Veterans (JUN 2020)

52.222-37 Employment Reports on Veterans (JUN 2020)

52.222-36 -- Affirmative Action for Workers with Disabilities

52.222-41 -- Service Contract Labor Standards (May 2014)

52.222-42 -- Statement of Equivalent Rates

52.222-50 -- Combating Trafficking In Persons (NOV 2021)

52.223-2 -- Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008)

52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

52.225-1 Buy American—Supplies (OCT 2022)

52.225-5 Trade Agreements (OCT 2019)

52.225-13 -- Restriction on Foreign Purchases

52.232-33-- Payment by Electronic Funds Transfer - SAM

52.232-39-- Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40-- Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

52.233-3 -- Protest After Award (Aug 1996)

52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.247-34 FOB Destination

52.252-6 Authorized Deviations in Clauses (NOV 2020)

The following JAR provisions and clauses are applicable to this procurement:

JAR 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020)

JAR 2852.212-4 Terms and Conditions—Commercial Items (NOV 2020) (DEVIATION)

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

JAR 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014)

The following DEA provisions and clauses are applicable to this procurement:

DEA-2852.203-70 Former Employment or Assignment with the DEA (SEP 2021)

(a) Any offeror or contractor who intends to employ any individual who either currently works for DEA, or had been employed with DEA as a Federal employee within the previous five (5) years for work supporting a prospective or active DEA contract must notify DEA of its intent as described in this clause.

(b) The offeror or contractor shall instruct any prospective or current employee meeting the criteria in paragraph (a), above, to complete and sign a DEA Contractor Ethics Questionnaire. The questionnaire is available for download at https://www.dea.gov/sites/default/files/2020-06/contractor_ethics_questionnaire_jan_2020.pdf. When the intent to employ such individual is known prior to the award of a new contract or order, the contractor shall submit the employee’s completed questionnaire and résumé to DEA concurrently with its proposal. When the intent is to employ such individual under an existing contract or order, the contractor shall submit the completed questionnaire and résumé electronically to the cognizant DEA contracting officer AND ethicsFAC@usdoj.gov.

(c) The offeror or contractor understands that any such employees described in paragraph (a) are prohibited from appearing before, or communicating with, the Federal Government on behalf of a contractor regarding a Government contract, investigation or other particular matter that they participated in personally and substantially as a Federal employee with the intent to influence Government officials in those matters for the lifetime of those matters.

(d) The offeror or contractor further understands that for two (2) years after leaving the Federal Government, such employees described in paragraph (a) are prohibited from appearing before, or communicating with, the Government with the intent to influence on behalf of a contractor regarding a Government contract, investigation or other particular matter that they did not participate in personally and substantially as a Federal employee, but that was under their official responsibility during their last year in the

Government. For purposes of this clause, an employee is defined as one appointed under Title 5, Section 2015 or Title 21, Section

878 of the United States Code.

(e) If DEA determines after reviewing questionnaire responses or conducting other inquiries that the prospective employee is disqualified for assignment to the contract based on an unfavorable suitability and/or security determination, or may violate the post-employment restrictions described in paragraphs (c) or (d), above, or other applicable laws if allowed to work on or support the contract/task order, at DEA’s request, the offeror or contractor must not assign such employee to work under a prospective or active contract.

(f) If an offeror or contractor fails to provide a required Questionnaire, the prospective employee will not be approved to work under the DEA contract or order until such time as the Questionnaire is submitted, reviewed, and approved in accordance with established procedures.

(End of clause)

DEA-2852.209-70 Organizational Conflicts of Interest (SEP 2021)

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances that would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) In the event that an actual, potential, or apparent organizational conflict of interest is discovered after award, the Contractor shall make full disclosure of the particular facts and circumstances to the Contracting Officer in writing. This disclosure shall include a description of the actions that the Contractor has taken, or proposes to take in order to avoid, mitigate, or neutralize the risk to the Government.

(c) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if deemed necessary to avoid or mitigate an actual or apparent organizational conflict of interest. In the event that the Contractor failed to disclose in a timely manner, or misrepresented the facts and circumstances of, an actual, potential, or apparent organizational conflict of interest of which it had prior knowledge, the Contracting Officer may terminate this contract for default or cause, and pursue additional remedies, including debarment, as may be provided by law.

(d) In the event of repetitive failures to provide this report, the contract may be terminated for default.

DEA-2852.211-71 Scheduled and Unscheduled Closures of Government Offices (JUL 2021)

(a) In accordance with 5 U.S.C. 6103, Federal Government offices are closed for ordinary business in observance of the following holidays:

• New Year’s Day

• Birthday of Martin Luther King, Jr.

• Washington’s Birthday

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Christmas Day

• Inauguration Day (Federal offices in the Washington DC metropolitan area only)

(b) Federal offices may close at other times without advance notice due to emergencies, inclement weather, interruption of utilities, or other reasons. Such closures may be declared by the President, Office of Personnel Management, Office of Management and

Budget, the Administrator of the DEA, or other appropriate executive authority. The duration of such closures may range from an early closure with normal operations expected on the next business day to a period of indeterminate length.

(c) At the time that a closure is declared, appropriate information, notifications, and instructions will be provided regarding the return to normal operations. The Contractor shall comply with all directives issued in regards to such closures. The Contractor shall follow agency procedures for registering emergency contact information and shall monitor appropriate broadcast mediums for receiving emergency information.

(d) When a closure is declared, contractor personnel must vacate the facility as directed except personnel designated in accordance with agency procedures by the contracting officer to remain onsite to continue performance. Evacuated personnel will not be allowed to reenter the facility for the duration of the closure. Performance of work at alternate sites is not permissible except in accordance with the terms of the contract and written authorization by the contracting officer.

(e) Whenever it is necessary for contractor employees to continue performance during such closures, the contracting officer will provide written authorization for such work. Such written authorization will designate the specific individuals authorized to continue performance, alternate work sites when applicable, work schedules, work dates, and special instructions and information.

Telework may be authorized if permitted by the terms of the contract. Any services scheduled to be performed at Government facilities shall not be performed elsewhere unless specifically authorized in accordance with the terms of this contract.

(f) For firm fixed priced contracts, the terms for invoicing and payment in the contract will remain unchanged unless changed by a fully executed modification to the contract.

(g) For other than firm fixed priced contracts, the contractor shall invoice in accordance with the Payments and Prompt Payment clauses of the contract only for work performed. Employee compensation for the period of the closure shall be governed by corporate policy.

(h) Agency-sponsored events such as picnics or other social events are not considered to be official office closures. The

Contractor shall not invoice for time spent by its employees attending or participating in such events.

(i) In no case will any compensable administrative leave, which might be approved for Federal employees in connection with official holidays or other events, extend to contractor personnel.

[End of clause]

DEA-2852.237-70 Preventing Personal Services Contracts and Performance of Inherently Government Functions (JUN

2018)

(a) A personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor’s personnel. This contract action is for non-personal services and is not a personal services contract action. Due to the need for close interaction of government and contractor personnel, it is essential for all contractor personnel for this contract performing at Drug Enforcement Administration (DEA) designated worksites to receive supervision from their parent company and avoid employer-employee relationships with government officials. In addition, it is important for contractor personnel to recognize and avoid circumstances that may appear to be personal services. Federal Acquisition Regulation (FAR) subpart 37.104 provides important information to be aware of to avoid performing these types of duties. The contractor awarded this contract shall ensure their employees and subcontractors comply with this requirement and receive supervision from their parent company to avoid performance of a personal services contract.

(b) “Inherently governmental function” means, as a matter of policy, a function so intimately related to the public interest as to mandate performance by Government employees. An inherently governmental function includes activities requiring either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the Government.

Governmental functions normally fall into two categories: the act of governing, i.e., the discretionary exercise of Government authority, and monetary transactions and entitlements. It is essential for all contractor personnel performing services at DEA designated worksites to recognize and understand what inherently government functions are. Federal Acquisition Regulation (FAR) subpart 7.5 - Inherently Governmental Functions and the Office of Management and Budget’s (OMB) Office of Federal Procurement

Policy (OFPP) Policy Letter 11-01, Performance of Inherently Governmental and Critical Functions, provide important information regarding inherently governmental functions to be aware of to avoid performing these types of duties. The contractor awarded this contract shall ensure their employees and subcontractors comply with this requirement.

(c) Contractors providing personnel who perform services on-site at DEA offices must certify via the “Contractor Employee

Certification Concerning Prohibition of Personal Services Contracts and Inherently Governmental Functions” form that its on-site employee(s) have read and understand FAR 37.104, Personal services contracts, and FAR subpart 7.5 before they may begin work at an on-site DEA office. The Contractor on-site supervisor shall address any questions or concerns with the Contracting Officer’s

Representative (COR) or Contracting Officer.

(End of Clause)

DEA-2852.239-74 Certification of Operability on Systems Using the Federal Desktop Core Configuration or the United

States Government Configuration Baseline (MAY 2012)

(a) The provider of information technology shall certify applications are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC) or the United States Government

Configuration Baseline (USGCB). This includes Internet Explorer 7 and 8 configured to operate on Windows

XP, Windows Vista, and Windows 7 (in Protected Mode on Windows Vista and Windows 7).

• For the Windows XP settings, see: http://csrc.nist.gov/itsec/guidance_WinXP.html.

• For the Windows Vista settings, see: http://csrc.nist.gov/itsec/guidance_vista.html.

• For Windows 7 settings, see: http://usgcb.nist.gov/usgcb_content.html.

(b) The standard installation, operation, maintenance, updating, and/or patching of software shall not alter the configuration settings from the approved FDCC or USGCB configuration. The information technology should also use the Windows Installer Service for installation to the default “program files” directory and should be able to silently install and uninstall.

(c) Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

DEA-2852.242-72 Final Invoice and Release of Residual Funds (MAY 2012)

(a) The Contractor shall submit a copy of the final invoice to the Contracting Officer at the address listed in clause

DEA-2852.242-71, Invoice Requirements. The final invoice must be marked “Informational Copy – Final

Invoice.”

(b) By submission of the final invoice and upon receipt of final payment, the Contractor releases the Government from any and all claims arising under, or by virtue of, this contract. Accordingly, the Government shall not be liable for the payment of any future invoices that may be submitted under the above referenced order.

(c) If residual funds on the contract total $100 or less after payment of the final invoice, the Government will automatically deobligate the residual funds without further communication with the vendor.

(d) If funds greater than $100 remain on this order after payment of the final invoice, the Government will issue a bilateral modification to deobligate the residual funds. The contractor will have up to [30] calendar days after issuance of the modification to sign and return it. The contractor’s signature on the modification shall constitute a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically exempted from the operation of the release. If the contractor fails to sign the modification or assert a claim within the stated period, the Government will deobligate the residual balance and proceed with close-out of the contract.

DEA-2852.242-74 Contract Administration Points of Contact (May 2012)

(a) The Contract Administration Office for this contract is:

U. S. Department of Justice

Drug Enforcement Administration

Office of Acquisition and Relocation Management (FA)

8701 Morrissette Drive

Springfield, VA 22152

Contracting Officer/telephone #/email: ALICIA THOMAS

Contracting Officer’s Representative (COR): See DEA-2852.242-73

(b) Contract administration for the contractor shall be performed by: ALICIA THOMAS alicia.n.thomas@dea.gov

DEA-2852.242-82 DOJ Reporting System for Reportable Personnel Security Related Activities (APR 2023)

This clause is applicable if the contract or order includes clause DOJ-03, Personnel Security Requirements for Contractor Employees and Alternate I—Classified Information—Cleared Contractors. The Department of Justice (DOJ) iReport system is a secure, web-based application used by personnel to report activities as required by section 6 –

Employee Reporting Requirements of clause DOJ-03. Use of the iReport system is mandatory for contractor employees having access to it through Firebird. Employees who do not have access to iReport must submit reports directly to the cognizant Contracting Officer’s Representative and to the DEA Security Program Manager by email to ISR.Correspondence@dea.gov. Additional guidance and instruction on the use of the iReport system may be viewed at https://dojnet.doj.gov/jmd/seps/persg/ireport.php.

DEA-2852.247-70 General Packaging and Marking Requirements (MAY 2012)

(a) Packaging and packing for all items (includes written materials, reports, presentations, etc.) delivered hereunder shall be in accordance with common commercial practices, adequate to insure protection from possible damage resulting from improper handling, inclement weather, water damage, excessive heat and cold, and to insure acceptance by a common carrier for safe delivery to its final destination.

(b) All deliverables shall clearly indicate the contract number and/or task (delivery) order number, as appropriate, on or adjacent to the exterior shipping label.

The following DOJ provisions and clauses are applicable to this procurement:

DOJ-01 Whistleblower Information Distribution (OCT 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for

Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower

Information”) document to their employees performing work in support of the products and services delivered under this contract

(https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.908 & 52.203-17, and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required. version includes all of the information in the English language document.

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

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

Officer’s Representative (COR).

Contractors must complete the separation checklist with the Contracting Officer or COR by returning all Government-furnished property including, but not limited to, computer equipment, media, credentials and passports, smart cards, mobile devices, Personal

Identity Verification (PIV) cards, calling cards, and keys and terminating access to all user accounts and systems. Unless the

Contracting Officer requests otherwise, the relevant Program Manager or other Key Personnel designated by the Contracting Officer or COR may facilitate the return of equipment.

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors who have access to PII as well as the creation, use, dissemination and/or destruction of PII at the outset of the employee’s work on the contract and every year thereafter. Training must include procedures on how to properly handle PII, including heightened security requirements for the transporting or transmission of sensitive PII, and reporting requirements for a suspected breach or loss of PII. These courses, along with more information about

DOJ security and training requirements for Contractors, are available at https://www.justice.gov/jmd/learndoj. The Federal

Information Security Modernization Act of 2014 (FISMA) requires all individuals accessing DOJ information to complete training on records management, cybersecurity awareness, and information system privacy awareness. Contractor employees are required to sign the

“Privacy Rules of Behavior,” acknowledging and agreeing to abide by privacy law, policy, and certain privacy safeguards, prior to accessing DOJ information. These Rules of Behavior are made available to all new users of DOJ’s computer network and to trainees at the conclusion of DOJ-OPCL-CS-0005.

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 relating to the safeguarding of PII, including the use of additional controls to safeguard sensitive PII (e.g., the encryption of sensitive PII). This requirement flows down from the Prime Contractor to all Subcontractors and lower tiered subcontracts.

(3) Non-Disclosure Agreement Requirement

Prior to commencing work, all Contractor personnel that may have access to PII or other sensitive information shall be required to sign a Non-Disclosure Agreement (NDA) and the DOJ IT Rules of Behavior. The Non-Disclosure Agreement:

(a) prohibits the Contractor from retaining or divulging any PII or other sensitive information, or derivatives therefrom, furnished by the Government or to which they may otherwise come in contact as a result of their performance of work under the contract/task order that is otherwise not publicly available, whether or not such information has been reduced to writing; and

(b) requires the Contractor to report any loss of control, compromise, unauthorized disclosure, or unauthorized acquisition of PII or other sensitive information to the component-level or headquarters Security Operations Center within one (1) hour of discovery.

The Contractor should maintain signed copies of the NDA for all employees as a record of compliance. The Contractor should also provide copies of each employee’s signed NDA to the Contracting Officer before the employee may commence work under the contract/task order.

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

The Contractor’s invoicing, billing, and other financial or administrative records or databases is not authorized to regularly store or include any sensitive PII 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. 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 , 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. 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.

(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.

(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.

C. Government Records Training, Ownership, and Management

(1) Records Management Training and Compliance

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.

(a) 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 Contractor or any Subcontractor on which Government data shall reside for the purposes of IT system development, design, data migration, testing, training, maintenance, use, or disposal.

3. Requirement to Support Privacy Compliance

(a) If this contract requires the development, maintenance or administration of information technology , the Contractor shall support the completion of the Initial Privacy Assessment (IPA) document, if requested by Department personnel. An IPA is the first step in a process to identify potential privacy issues and mitigate privacy risks. The IPA asks basic questions to help components assess whether additional privacy protections may be needed in designing or implementing a project to mitigate privacy risks, and whether compliance work may be needed. Upon review of the IPA, the OPCL determines whether a Privacy

Impact Assessment (PIA) document and/or SORN, or modifications thereto, are required. The Contractor shall provide adequate support to complete the applicable risk assessment and

PIA document in a timely manner, and shall ensure that project management plans and schedules include the IPA, PIA, and SORN

(to the extent required) as milestones. Additional information on the privacy compliance process at DOJ, including IPAs, PIAs, and

SORNs, is located on the DOJ OPCL website (https://dojnet.doj.gov/privacy/), including DOJ Order 0601, Privacy and Civil

Liberties. The Privacy Impact Assessment Guidance and Template outline the requirements and format for the PIA.

(b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy risk assessment and documentation, the Contractor shall provide adequate support to DOJ to ensure DOJ can complete any required assessment, and

IPA, PIA, SORN, or other supporting documentation to support privacy compliance. The Contractor shall work with personnel from the program office, OPCL, the Office of the Chief Information Officer (OCIO), and the Office of Records Management and Policy to ensure that the privacy assessments and documentation are kept on schedule, that the answers to questions in the documents are thorough and complete, and that questions asked by the OPCL and other offices are answered in a timely fashion. The Contractor must ensure the completion of required PIAs and documentation of privacy controls consistent with federal law and standards, e.g.

NIST 800-53, Rev. 5; and compliance with the Privacy Act of 1974, E-Government Act of 2002, Federal Information Security

Modernization Act of 2014, and key OMB guidelines, e.g., OMB Circular A-130.

(End of Clause

DOJ-03 Personnel Security Requirements for Contractor Employees and Alternate I—Classified Information—

Cleared Contractors (NOV 2021)

Work performed under this contract will…