15F06718R0000093_RFP.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15F06718R0000093

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/20/2018

7. FOR SOLICITATION INFORMATION

CALL:

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

TIME

07/13/2018 11:00:00

CODE UNIT_CHIEF

FEDERAL BUREAU OF INVESTIGATION

PSAU - PROFESSIONAL SERVICES ACQUISITION UNIT

935 PENNSYLVANIA AVE, NW

WASHINGTON, DC 20535-0001

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 541690

SIZE STANDARD: $15,000,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

0000CODE15. DELIVER TO

OFFICE OF THE CHIEF INFORMATION OFFICER

ATTN: GORDON BITKO, ROOM 6905

2400 SCHUSTER DRIVE

CHEVERLY, MD 20781-1121

CODE 120016. ADMINISTERED BY

CHANTILLY

SUITE 300

14800 CONFERENCE CENTER DRIVE

CHANTILLY, VA 20151

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

1200CODE18a. PAYMENT WILL BE MADE BY

SUBMIT ALL INVOICES VIA EMAIL TO

CENTRAL_INVOICES@FBI.GOV

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

0001 Base Year Services

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

1.000000 $________________$_______________________

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X 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: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Brian Chrostowski

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15F06718R0000093 Page 1 of 122

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

15F06718R0000093 Page 2 of 122

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

Statement of Objectives 52.246-5 Inspection of Services Cost-Reimbursement (Apr 1984) DJAR - PGD 15-03 Security of Information and Information Systems DJAR-PGD-02-02B Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements FBI-0002 Classified Contracts - Contract Security Requirements from Acquisition Security Unit

(ASU)

FBI-0003 Contracting Officer's Security Representative (COSR) - Contract Security Requirements from Acquisition Security Unit (ASU) FBI-0006 (U) Contractor Suitability Special Security Requirement (SSR) FBI-0008 Financial Disclosure - Contract Security Requirements from Acquisition Security Unit

(ASU)

FBI-0009 Personnel Security - Contract Security Requirements from Acquisition Security Unit

(ASU)

FBI-0010 Warrantless Search - Contract Security Requirements from Acquisition Security Unit

(ASU)

FBI-0011 CARS Clause: Clauses for Contracts Involving Access to Classified Information - Contract Security Requirements from Acquisition Security Unit (ASU) FBI-0013 e-QIP - Contract Security Requirements from Acquisition Security Unit (ASU), Procurement Section Directive (PSD): 09-22.18 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.232-18 Availability Of Funds (Apr 1984) 52.232-22 Limitation Of Funds (Apr 1984) 52.232-25 Alt I Prompt Payment (Jan 2017) - Alternate I (Feb 2002) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) DJAR-PGD-08-03 Contractor Code of Business Ethics and Conduct - DOJ Procurement Guidance Document (PGD) 08-03 FBI-0001 Small Business Accelerated Payment FBI-0004 DOJ Residency Requirement - Contract Security Requirements from Acquisition Security Unit (ASU) 52.204-2 Security Requirements (Aug 1996) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug Free Workplace (May 2001) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-7 Payments under Time-and-Materials and Labor Hour Contracts (Aug 2012) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.244-6 Subcontracts for Commercial Items (Nov 2017) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014)

15F06718R0000093 Page 3 of 122

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.203-14 Display of Hotline Poster(s) (Oct 2015) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.210-1 Market Research (Apr 2011) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications (Aug 2011) .52 52.215-12 Subcontractor Certified Cost or Pricing Data (Oct 2010) 52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications (Oct 2010) 52.215-14 Integrity of Unit Prices (Oct 2010) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005) 52.215-19 Notification of Ownership Changes (Oct 1997) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications (Oct 2010) 52.215-23 Limitations on Pass-Through Charges (Jan 2011) 52.216-7 Allowable Cost and Payment (Jun 2013) 52.216-10 Incentive Fee (Jun 2011) 52.216-16 Incentive Price Revision - Firm Target (Oct 1997) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements - Non-Commercial Item Acquisition With Adequate Price Competition (Feb 2007) 52.222-2 Payment for Overtime Premiums (July 1990) 52.222-3 Convict Labor (June 2003) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.227-1 Authorization and Consent (Dec 2007) 52.230-2 Cost Accounting Standards (Oct 2015) 52.242-1 Notice of Intent to Disallow Costs (Apr 1984) 52.242-3 Penalties for Unallowable Costs (May 2014) 52.242-4 Certification of Final Indirect Costs (Jan 1997) 52.242-13 Bankruptcy (July 1995) 52.243-2 Alt I Changes - Cost-Reimbursement (Aug 1987) - Alternate I (Apr 1984) 52.245-1 Government Property (Jan 2017) 52.245-9 Use and Charges (Apr 2012) 52.247-63 Preference for U.S.-Flag Air Carriers (June 2003) 52.249-14 Excusable Delays (Apr 1984) 52.249-6 Termination (Cost Reimbursement) (May 2004) 52.252-4 Alterations in Contract (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

4 List of Attachments 5 Solicitation Provisions

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Oct 2015) 52.204-17 Ownership or Control of Offeror (Jul 2016) 52.222-25 Affirmative Action Compliance (Apr 1984) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.230-1 Cost Accounting Standards Notices and Certification (Oct 2015)

15F06718R0000093 Page 4 of 122

52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005) 52.222-38 Compliance with Veterans'' Employment Reporting Requirements (Feb 2016) 52.204-20 Predecessor of Offeror (Jul 2016) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.219-1 Small Business Program Representations (Oct 2014) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.204-5 Women-Owned Business (Other Than Small Business) (Oct 2014) 52.204-8 Annual Representations and Certifications (Jan 2018) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.222-46 Evaluation of Compensation for Professional Employees (Feb 1993) 52.237-10 Identification of Uncompensated Overtime (Mar 2015) 52.252-3 Alterations in Solicitation (Apr 1984) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) - Alternate I (Oct 1997)110 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010) 52.215-22 Limitations on Pass-Through Charges - Identification of Subcontract Effort (Oct 2009)...114 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.204-7 System for Award Management (Oct 2016) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.233-2 Service of Protest (Sept 2006) 52.216-1 Type of Contract (Apr 1984) 52.216-27 Single or Multiple Awards (Oct 1995) 52.222-17 Nondisplacement of Qualified Workers (May 2014) Intrustions, Conditions, and Notices to Offerors or Respondents 52.217-5 Evaluation of Options (July 1990) Evaluation Factors for Award

15F06718R0000093 Page 5 of 122

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Line Period of Performance: 09/01/2018 - 08/31/2019

Base Period

0002 Base Year ODCs

Line Period of Performance: 09/01/2018 - 08/31/2019

Base Period

1.000000 $____________ $___________________

0003 Base Year Award Fee

Line Period of Performance: 09/01/2018 - 08/31/2019

Base Period

1.000000 $____________ $___________________

1001 Option Year I - Services

Line Period of Performance: 09/01/2019 - 08/31/2020

Option Period

1.000000 $____________ $___________________

1002 Option Year I - ODCs

Line Period of Performance: 09/01/2019 - 08/31/2020

Option Period

1.000000 $____________ $___________________

1003 Option Year I - Award Fee

Line Period of Performance: 09/01/2018 - 08/31/2020

Option Period

1.000000 $____________ $___________________

2001 Option Year II - Services

Line Period of Performance: 09/01/2020 - 08/31/2021

Option Period

1.000000 $____________ $___________________

2002 Option Year II - ODCs

Line Period of Performance: 09/01/2020 - 08/31/2021

Option Period

1.000000 $____________ $___________________

2003 Option Year II - Award Fee

Line Period of Performance: 09/01/2020 - 08/31/2021

Option Period

1.000000 $____________ $___________________

3001 Option Year III - Services

Line Period of Performance: 09/01/2021 - 08/31/2022

Option Period

1.000000 $____________ $___________________

3002 Option Year III - ODCs

Line Period of Performance: 09/01/2021 - 08/31/2022

Option Period

1.000000 $____________ $___________________

3003 Option Year III - Award Fee

Line Period of Performance: 09/01/2021 - 08/31/2022

Option Period

1.000000 $____________ $___________________

4001 Option Year IV - Services

Line Period of Performance: 09/01/2022 - 08/31/2023

1.000000 $____________ $___________________

15F06718R0000093 Page 6 of 122

Option Period

4002 Option Year IV - ODCs

Line Period of Performance: 09/01/2022 - 08/31/2023

Option Period

1.000000 $____________ $___________________

4003 Option Year IV - Award Fee

Line Period of Performance: 09/01/2022 - 08/31/2023

Option Period

1.000000 $____________ $___________________

15F06718R0000093 Page 7 of 122

Section 3 - Contract Clauses

Clauses By Full Text

Statement of Objectives

See attachement labeled 15F06718R0000093_SOO

52.246-5 Inspection of Services Cost-Reimbursement (Apr 1984)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or used in per-forming services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Govern-ment during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to per-form the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be correc-ted by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conform-ity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances;

or

(2) Terminate the contract for default.

(End of clause)

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

Security of Department Information and Systems

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and per-sonnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Docu-ments, and Executive Orders pertaining to the development and operation of Information Systems and the pro-tection of Government Information. This clause does not alter or diminish any existing rights, obligation or liab-ility under any other civil and/or criminal law, rule, regulation or mandate.

15F06718R0000093 Page 8 of 122

II. General Definitions

The following general definitions apply to this clause. Specific definitions also apply as set forth in other para-graphs.

A. Information means 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. Inform-ation includes information in an electronic format that allows it be stored, retrieved or transmitted, also re-ferred to as “data,” and “personally identifiable information” (“PII”), regardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical his-tory, and criminal or employment history and information, which can be used to distinguish or trace an in-dividual's identity, such as his or her name, social security number, date and place of birth, mother's maid-en name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the con-tract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.

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

III. Confidentiality and Non-disclosure of DOJ Information A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Con-tracting 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.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S. Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the

CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons ex-cept as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of 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, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to trans-actions and functions that authorized users are permitted to exercise;

2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Sys-tems;

3. Creating, protecting, and retaining 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

15F06718R0000093 Page 9 of 122

DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Devel-opment Lifecycle, and establishing and enforcing security configuration settings for IT products em-ployed in 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 au-thenticating and verifying the identities of such users, processes, or devices, using multifactor authen-tication or HSPD-12 compliant authentication methods where required;

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contract-or’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; limiting access to DOJ Information to authorized users; and sanitizing or destroy-ing 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 U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical facilities and support infrastructure for such In-formation Systems;

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

14.Assessing the risk to DOJ Information in Covered Information Systems periodically, including scan-ning for vulnerabilities and remediating such vulnerabilities in accordance with DOJ policy and ensur-ing the timely removal of assets no longer supported by the Contractor;

15.Assessing the security controls of Covered Information Systems periodically to determine if the con-trols are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring secur-ity controls on an ongoing basis to ensure the continued effectiveness of the controls;

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

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 ad-visories and taking appropriate action in response.

B. Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtaining an Authority to Operate (“ATO”) for each Covered Information System. The ATO shall be signed by the Authorizing Official for the DOJ component responsible for maintaining the secur-ity, confidentiality, integrity, and availability of the DOJ Information under this contract. The DOJ stand-ards and requirements for obtaining an ATO may be found at DOJ Order 2640.2, as amended. (For Cloud Computing Systems, see Section V, below.)

C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, man-agement, or maintenance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Chief Information Officer, and the DOJ Security Officer.

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of DOJ Information, Con-tractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor’s facilities, installations, systems, op-erations, 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, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availabil-ity of DOJ Information.

15F06718R0000093 Page 10 of 122

E. The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause is prohibited until Contractor provides a letter to the DOJ CO, and ob-tains the CO’s approval, certifying compliance with the following requirements:

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

2. Contractor must develop and implement a process to ensure that security and other applications soft-ware is kept up-to-date;

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

4. 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 is sensitive information unless specifically designated as non-sensitive by the DOJ; and,

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

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

G. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with DOJ security requirements.

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

I. Contractor must remove all DOJ Information from Contractor media and return all such information to the DOJ within 15 days of the expiration or termination of the contract, unless otherwise extended by the CO, or waived (in part or whole) by the CO, and all such information shall be returned to the DOJ in a format and form acceptable to the DOJ. The removal and return of all DOJ Information must be accomplished in accordance with DOJ IT Security Standard requirements, and an official of the Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the removal and return of all DOJ Information.

J. DOJ, at its discretion, may suspend Contractor’s access to any DOJ Information, or terminate the contract, when DOJ suspects that Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incident (see Section V.E. below), where the Department determines that either event gives cause for such action. The suspension of access to DOJ Information may last until such time as DOJ, in its sole discretion, determines that the situation giving rise to such action has been correc-ted or no longer exists. Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to the DOJ, and that upon request by the CO, Contractor must immediately re-turn all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at Contract-or’s expense.

V. Cloud Computing A. Cloud Computing means an Information System having the essential characteristics described in NIST

SP 800-145, The NIST Definition of Cloud Computing. For the sake of this provision and clause, Cloud Computing includes Software as a Service, Platform as a Service, and Infrastructure as a Service, and de-ployment in a Private Cloud, Community Cloud, Public Cloud, or Hybrid Cloud.

B. Contractor may not utilize the Cloud system of any CSP unless:

1. The Cloud system and CSP have been evaluated and approved by a 3PAO certified under FedRAMP and Contractor has provided the most current Security Assessment Report (“SAR”) to the DOJ CO for consideration as part of Contractor’s overall System Security Plan, and any subsequent SARs within 30 days of issuance, and has received an ATO from the Authorizing Official for the DOJ component re-sponsible for maintaining the security confidentiality, integrity, and availability of the DOJ Information under contract; or,

2. If not certified under FedRAMP, the Cloud System and CSP have received an ATO signed by the Au-thorizing Official for the DOJ component responsible for maintaining the security, confidentiality, in-tegrity, and availability of the DOJ Information under the contract.

C. Contractor must ensure that the CSP allows DOJ to access and retrieve any DOJ Information processed, stored or 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.

VI. Information System Security Breach or Incident A. Definitions

15F06718R0000093 Page 11 of 122

1. Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed unauthorized ex-posure, loss of control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any DOJ Information accessed by, retrievable from, processed by, stored on, or transmitted within, to or from any such system.

2. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed, Covered Information System Security Breach.

3. Security Incident means any Confirmed or Potential Covered Information System Security Breach.

B. Confirmed Breach. Contractor shall immediately (and in no event later than within 1 hour of discovery) re-port any Confirmed Breach to the DOJ CO and the CO's Representative (“COR”). If the Confirmed Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call DOJ-CERT at 1-866-US4-CERT (1-866-874-2378) immediately (and in no event later than within 1 hour of discovery of the Confirmed Breach), and shall notify the CO and COR as soon as practicable.

C. Potential Breach.

1. Contractor shall report any Potential Breach within 72 hours of detection to the DOJ CO and the COR, unless Contractor has (a) completed its investigation of the Potential Breach in accordance with its own internal policies and procedures for identification, investigation and mitigation of Security Incidents and (b) determined that there has been no Confirmed Breach.

2. If Contractor has not made a determination within 72 hours of detection of the Potential Breach whether an Confirmed Breach has occurred, Contractor shall report the Potential Breach to the DOJ CO and COR within one-hour (i.e., 73 hours from detection of the Potential Breach). If the time by which to re-port the Potential Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call the DOJ Computer Emergency Readiness Team (DOJ-CERT) at 1-866-US4-CERT (1-866-874-2378) within one-hour (i.e., 73 hours from detection of the Potential Breach) and contact the DOJ CO and COR as soon as practicable.

D. Any report submitted in accordance with paragraphs (B) and (C), above, shall identify (1) both the Inform-ation Systems and DOJ Information involved or at risk, including the type, amount, and level of sensitivity of the DOJ Information and, if the DOJ Information contains PII, the estimated number of unique in-stances of PII, (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or in-vestigate the Security Incident, (3) any and all other information as required by the US-CERT Federal In-cident Notification Guidelines, including the functional impact, information impact, impact to recoverabil-ity, threat vector, mitigation details, and all available incident details; and (4) any other information spe-cifically requested by the DOJ. Contractor shall continue to provide written updates to the DOJ CO regard-ing the status of the Security Incident at least every three (3) calendar days until informed otherwise by the

DOJ CO.

E. All determinations regarding whether and when to notify individuals and/or federal agencies potentially af-fected by a Security Incident will be made by DOJ senior officials or the DOJ Core Management Team at DOJ’s discretion.

F. Upon notification of a Security Incident in accordance with this section, Contractor must provide to DOJ full access to any affected or potentially affected facility and/or Information System, including access by the DOJ OIG and Federal law enforcement organizations, and undertake any and all response actions DOJ determines are required to ensure the protection of DOJ Information, including providing all requested im-ages, log files, and event information to facilitate rapid resolution of any Security Incident.

G. DOJ, at its sole discretion, may obtain, and Contractor will permit, the assistance of other federal agencies and/or third party contractors or firms to aid in response activities related to any Security Incident. Addi-tionally, DOJ, at its sole discretion, may require Contractor to retain, at Contractor’s expense, a Third Party Assessing Organization (3PAO), acceptable to DOJ, with expertise in incident response, compromise assessment, and federal security control requirements, to conduct a thorough vulnerability and security as-sessment of all affected Information Systems.

H. Response activities related to any Security Incident undertaken by DOJ, including activities undertaken by Contractor, other federal agencies, and any third-party contractors or firms at the request or direction of DOJ, may include inspections, investigations, forensic reviews, data analyses and processing, and final de-terminations of responsibility for the Security Incident and/or liability for any additional response activit-ies. Contractor shall be responsible for all costs and related resource allocations required for all such re-sponse activities related to any Security Incident, including the cost of any penetration testing.

VII. Personally Identifiable Information Notification Requirement

Contractor certifies that it has a security policy in place that contains procedures to promptly notify any indi-vidual whose Personally Identifiable Information (“PII”) was, or is reasonably determined by DOJ to have been, compromised. Any notification shall be coordinated with the DOJ CO and shall not proceed until the DOJ has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by Contractor shall be coordinated with, and subject to the

15F06718R0000093 Page 12 of 122 approval of, DOJ. Contractor shall be responsible for taking corrective action consistent with DOJ Data Breach Notification Procedures and as directed by the DOJ CO, including all costs and expenses associated with such corrective action, which may include providing credit monitoring to any individuals whose PII was actually or potentially compromised.

VIII. Pass-through of Security Requirements to Subcontractors and CSPs The requirements set forth in the preceding paragraphs of this clause apply to all subcontractors and CSPs who perform work in connection with this Contract, including any CSP providing services for any other CSP under this Contract, and Contractor shall flow down this clause to all subcontractors and CSPs performing under this contract. Any breach by any subcontractor or CSP of any of the provisions set forth in this clause will be attrib-uted to Contractor.

(End of Clause)

DJAR-PGD-02-02B Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems

The Department of Justice (DOJ) will no longer permit the use of Non-U.S. citizens in the performance of this contract or commit-ment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment docu-ment, the contractor agrees to this restriction with respect to all new employees utilized directly to perform duties on the contract.

Non-U.S. citizens currently employees under this contract or commitment may continue performance unless otherwise directed by the Department of Justice. No new, replacement, or additional Non-U.S. citizens may be added to the contract without the express approv-al of the Department of Justice. [In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.].

(End of Clause)

DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements

Contractor Certification of Compliance with Federal Tax Requirements

By submitting a response to a solicitation or accepting a contract award, the contractor certifies that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a nonfrivolous administrative or judicial proceeding.

(End of Clause)

FBI-0002 Classified Contracts - Contract Security Requirements from Acquisition Security Unit (ASU)

The FBI has determined that performance of this effort requires that the Contractor have access to classified National Security Inform-ation (herein known as classified information). Classified information is Government information which requires protection in ac-cordance with Executive Order 12356, Classified National Security Information, and supplementing directives. Executive Order 13292, dated 28 March 2003, “Further Amendment to Executive Order 12356, as amended, “Classified National Security Informa-tion” and implementation directives, provides principles and procedures for the proper classification and declassification of material.

These principles and procedures are applicable to classified documents or materials generated by the contractor in performance of this contract. This clause applies to the extent that this contract involves access to information classified (select either “Confidential”, “Secret” or “Top Secret”). The contractor shall comply with: (1) The Security Agreement (DD Form 441), including the National In-dustrial Security Program Operating Manual (DoD 5220.22-M) (2) Any revisions to that manual, notice of which has been furnished to the contractor. The Contractor shall abide by the requirements set forth in the DD Form 254 and the National Industrial Security Program Operating Manual (NISPOM), DoD 5200.22-M) for the protection of classified information at its cleared facility, if applic-able, as directed by the DSS. If the Contractor has access to classified information at a FBI or other Government facility, it shall abide by the requirements set by the agency. No classified document or material provided by the FBI, or generated by the contractor pursu-ant to the contract, may be downgraded or declassified unless authorized in writing by the CO. The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual shall interface with the FBI Security Office on all security matters, to include physical, personnel and protection of all Government information and data accessed by the Contractor. Contractor personnel will require access to classified information and have access to classified areas. Contractor personnel shall possess at least an active and transferable Government Secret clearance at the time of proposal submission. Contractors who will have access to FBI facilities, systems or data shall possess an active and transferable Top Secret clearance at the time of proposal submission. The Government re-serves the right to waive this requirement for any portion of the work that deals with technologies or data that is in the public domain.

Contractor personnel assigned to this project shall be subject to routine criminal and credit checks by the FBI. Contractor personnel shall be subject to counterintelligence focused polygraph examinations at the Government's discretion. The polygraph examinations may be required prior to acceptance or at any time during the task order, without notice. The contractor shall maintain an overall se-curity program in accordance with the requirements of the NISP. All automated information systems utilized to process FBI informa-tion will be operated in accordance with the requirements of the NISPOM, NISPOM Supplement, dated February 1995, DCID 6/3

15F06718R0000093 Page 13 of 122 and/or FBI certification and accreditation policies and procedures, as appropriate. Revisions to these documents, when published, will be provided to the contractor and will become a part hereof upon such issuance. If subsequent to the date of this contract, the security classification or security requirements under this contract are caused to be changed by the Government and if the changes cause an in-crease or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract. The contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph, but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information. The contractor is obligated to com-ply with all relevant clauses and provisions incorporated into this contract and with the Contractor NonDisclosure Agreement, and as referenced therein, the NISPOM, dated January 1995, and all applicable FBI security policies and procedures, including the DCIDs.

As applicable, the contractor shall maintain a security program that meets the requirements of these documents. Security requirements are a material conduction of this contract. This contract shall be subject to immediate termination for default, without the requirement for a 10-day cure notice, when it has been determined by the CO that a failure to fully comply with the security requirements of this contract resulted from the willful misconduct or lack of good faith on the part of any one of the Contractor’s directors or officers, or on the part of any of the managers, superintendents, or equivalents of the contractor who have supervision or direction of: a. All or substantially all of the contractor’s business, or b. All or substantially all of the contractor’s operations at any one plant or separate location in which this contract is being performed, or c. A separate and complete major industrial operation in connection with the performance of this contract. When deficiencies in the contractor’s security program are noted which do not warrant immediate de-fault, the contractor shall be provided a written notice of the deficiencies and be given a period of 90 days in which to take corrective action. If the contractor fails to take the necessary corrective action, the CO may terminate the whole or any part of this contract, for default. The contractor shall maintain and administer, in accordance with all relevant clauses and provisions set forth or incorporated into this contract, a security program that meets the requirements of these documents.

FBI-0003 Contracting Officer's Security Representative (COSR) - Contract Security Requirements from Acquisition Security Unit

(ASU)

COSR are the designated representatives of the CO and derives their authorities directly from the CO. They are responsible for certi-fying the contractor’s capability for handling classified material and ensuring that customer security policies and procedures are met.

The COSR is the focal point for the contractor, CO, and COTR regarding security issues.