15JA0522Q00000033.pdf

15JA0522Q00000033

Request for Quotation

#15JA0522Q00000033

This is a combined synopsis/solicitation for Media Relations Services (commercial items) prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Questions in regard to this solicitation are due January 19, 2022 at 3:00 PM Eastern to the Contracting Officer via email at brandon.wish@usdoj.gov. Questions submitted after this deadline may not be responded to.

Quotes are due January 31, 2022 at 1:00 PM Eastern to the Contracting Officer via email at brandon.wish@usdoj.gov.

Instructions to offerors and quote submission criteria are located on pages 34-35; Addendum to FAR 52.212-1- Instructions, Conditions and Notices to Offerors (Jul 2021).

For further information regarding this solicitation, contact:

Brandon Wish Contracting Officer Executive Office for United States Attorneys brandon.wish@usdoj.gov 803-297-2111

STATEMENT OF WORK

Media Relations Assistant Services

United States Attorney’s Office Middle District of Georgia

1. PURPOSE.

The Department of Justice, United States Attorney’s Office (USAO) - Middle District of Georgia (MDGA) has a requirement for a Media Relations Assistant to develop and execute a media strategy that tracks directly with the USAO’s strategic plan and operational goals.

2. BACKGROUND.

As a Media Relations Assistant for the United States Attorney (USA), the Contractor shall devise and execute a strategy to effectively use radio, television, print and social media to educate the community of USAO and the Department of Justice (DOJ) initiatives to prevent and combat violent crime, invest in prevention and intervention programs, combat fraud on the government, and other criminal and civil priorities of the USAO and the Department. By publicizing the efforts of the USAO and the priority programs of the Department (such as Project Safe Neighborhoods) the media relations assistant shall play a critical role in deterring criminal conduct and raising public awareness of the types of criminal and fraudulent activities in the community. Publicizing the work of the USAO also strengthens the relationship between the USAO and local, state and federal law enforcement by publicly recognizing the hard work of our law enforcement partners.

The purpose of the work is to develop and maintain a complete district-level media relations program that promotes the litigative programs of the USAO. Success is measured by deterring criminal conduct through raising public awareness of criminal matters handled by the USAO, strengthening relationships between the USAO and local, state and federal law enforcement partners by showcasing the hard work of our law enforcement partners, and alerting the public of criminal and fraudulent activity in the community so that citizens can avoid becoming victims.

The United States Attorney provides general administrative and policy direction, defining the media relations assistant’s assignment in terms of broad mission statements. The First Assistant United States Attorney (FAUSA) provides guidance and oversight to the Media Relations Assistant’s work.

3. SCOPE OF WORK.

The Contractor shall provide one Media Relations Assistant. The Contractor-provided personnel shall perform Media Relation Assistant services to include the following:

- Plan, write, script, edit and coordinate news releases and press conferences on USAO priority programs, training, and community outreach efforts

- Plan, write, script, edit and coordinate news releases and press conferences on USAO cases, achievements and results, to include indictments, change of pleas, convictions and sentencings

- Draft and place op-ed and other articles approved by the United States Attorney designed to educate the public on USAO programs, goals, objectives and achievements

- Identify and facilitate appearance and speaking opportunities for USAO personnel to raise awareness of USAO programs, mission, goals, objectives and achievements

- Assist UAO with formulating responses to information requests from local and national news media and community groups on significant USAO program initiatives in written and oral form, which may require detailed explanations of negative comments regarding a particular USAO program or USAO performance in a particular situation

- Establish and maintain effective working relationships with members of the local and national news media and other specialized groups interested in the USAO programs

- Monitor social media to effectively publicize USAO programs and achievements and the programs and achievements of local, state and federal law enforcement partners

- Analyze USAO, EOUSA, and Department of Justice program materials and facilitates delivery of such program information to affected individuals and groups

- Prepare written materials and press packets to facilitate use of media to deliver messaging desired by USAO

- Evaluate the effectiveness and efficiency of the media strategy in achieving greater understanding of the USAO’s mission, goals, objectives and achievements

- Digest USAO media exposure on a weekly basis

- Participate in weekly planning sessions with members of office management to discuss upcoming media events and advise on which press releases and social media posts should be prioritized

- Possess contacts within radio, print and television media outlets throughout the district, state and nation

- Assist USAO with educating the public and developing new information materials on social media and other platforms aimed at enhancing the understanding by the community at large and subgroups contained therein of programs, objectives, goals, and accomplishments

- Possess knowledge of local court rules, legal documents, processes, and procedures sufficient to present legal information and facts that are readily verifiable for use in news releases, fact sheets, articles for publication and social media

- Other related duties as assigned and within scope

4. BASIC QUALIFICATIONS

The Contractor shall provide a candidate that possesses the following qualifications:

- High school diploma/GED or higher

- Minimum ten (10) years of professional work experience in media relations

- Related experience working with a federal or state legal or law enforcement entity

- Proficient in Microsoft Office applications

- Ability to make responsible decisions on short notice and adapt to unexpected developments

- U.S. Citizenship and ability to obtain adjudication for the requisite background investigation

- Valid driver’s license

- Physically located within the general geographic commuting radius of MDGA

- Experience and expertise in performing the requisite services in Section 3

5. CONTRACT TYPE.

Time and Materials. Hourly rates shall be fully burdened to include wages, overhead, general and administrative expenses, and profit.

6. PERIOD OF PERFORMANCE.

The period of performance will include a base year and four consecutive one-year options as follows:

Base Year: February 16 2022 – February 15 2023 Option Year 1: February 16 2023 – February 15 2024 Option Year 2: February 16 2024 – February 15 2025 Option Year 3: February 16 2025 – February 15 2026 Option Year 4: February 16 2026 – February 15 2027

7. PLACE OF PERFORMANCE.

Work is required to be performed within the geographic commuting radius of MDGA; remote performance outside the USAO District office is authorized and travel may be required as-needed to perform job duties as directed by the USAO. Contractor personnel is expected to attend community and district meetings regularly held at the following locations:

- 300 Mulberry Street, Suite 400, Macon, GA 31201

- 201 W. Broad Avenue, 2nd Floor, Albany, GA 31701

- 1246 First Avenue, SunTrust Building, 3rd Floor, Columbus, GA 31901

- 115 E. Hancock Avenue, 3rd Floor, Rm 305, Athens, GA 30601

- 401 N. Patterson Street, 2nd Floor, Rm. 239, Valdosta, GA 31601

Additionally, Contractor personnel is required to travel as-needed to perform job duties listed in Section 3.

8. HOURS OF PERFORMANCE.

1,500 hours a year are estimated to be necessary to perform the full requirements of the Contract.

No defined work schedule is assigned. The Contractor personnel shall be available on an as-needed basis which may include evenings, weekends and holidays. No premium pay shall be provided for evenings, weekends and holidays. No overtime is anticipated and shall not be authorized without prior approval from the Contracting Officer.

9. GOVERNMENT FURNISHED SUPPORT.

The Government will provide the Contractor personnel with Government Furnished Equipment (GFE) to include a secure laptop and cell phone. Other GFE may be provided as required. Access to Government databases will be made available as needed.

10. POINTS OF CONTACT.

Contracting Officer Representative (COR)

TBD

Contracting Officer (CO).

Brandon Wish Contracting Officer Executive Office for U.S. Attorneys (EOUSA) Brandon.Wish@usdoj.gov

Written communications shall make reference to the Contract number and shall be e-mailed to brandon.wish@usdoj.gov.

11. TRAVEL.

Travel may be required within the district or occasionally outside the district as-needed to perform job duties as directed by the USAO.

When travel is required, it shall be pre-approved by the Contracting Officer, COR, USA or FAUSA.

Local travel (within 50 miles of the MDGA) and travel time will not be reimbursed by the Government. All travel expenses shall be reimbursed in accordance with Federal Travel Regulations (FTR). Contractors are expected to incur expenses prudently. Travel shall be submitted with back-up documentation and receipts provided as required by the FTR.

12. TRAINING

The Contractor shall ensure its employees on this Contract are trained on "contract-specific" issues such as Department of Justice ethics, standards of conduct, individual conflict of interest, confidentiality requirements, Department of Justice security requirements, understanding the function of reporting, and the importance of quality control and quality assurance. In addition, Contractor managers shall be educated in the terms and conditions of the Contract

DOJ Ethics - All Contractor personnel must view the Department of Justice ethics presentation entitled, "Pardon the Ethics Interruption," within the first two weeks of employment. The Contractor shall notify the COR upon completion of the task. The COR will maintain a record of completion of this training in the official file.

Cybersecurity Awareness Training (CSAT) – All Contractor personnel having access to a Department Information System shall be required to complete the annual Cybersecurity Awareness Training.

13. SECURITY REQUIREMENTS.

Contractor Personnel will be required to undergo requisite security clearance and background investigations as directed by the USAO. The vendor shall pre-screen applicants and only offer candidates who are capable and expected to pass these screenings.

The Government will provide the necessary security forms and instructions to the successful proposed Contractor and coordinate submission to the EOUSA Security Programs Staff.

14. ACCEPTANCE CRITERIA.

The Government will assess performance continuously during this Contract. The Government will evaluate the work performed based on the degree to which the Contractor fulfills the requirements identified in the Scope of Work. Assigned tasks are completed according to agreed upon due dates.

If at any time during this Contract the Government finds that the quality of service does not fulfill the requirements identified in the Statement of Work, the Contracting Officer or COR will provide official written notification to the Contractor and require rework.

Replacement of any key personnel is subject to the prior written consent from the Government.

The Contractor shall notify the Contracting Officer 14 business days prior to making any changes in key personnel, or not later than 10 business days if the change was not anticipated. The Contractor must demonstrate that the qualifications of the prospective replacement personnel are equal to, or better than, the qualifications of the personnel being replaced by submitting resumes for approval by the CO’s authorized Government representative. All replacement personnel must be qualified to assume the duties and responsibilities of the position, provide the same levels of effort as the replaced staff.

15. INVOICE INSTRUCTIONS.

Invoices shall be submitted no more often than monthly to USAGAM.Invoices@usdoj.gov in accordance with FAR 52.212-4(g) Alt. I. All travel reimbursement shall comply with allowable, published Federal rates and shall be in compliance with FTR.

Each invoice shall contain the following information:

• Contractor Name

• Tax Identification Number

• Contractor’s Mailing Address

• Telephone Number

• Contract Number

• Date of Invoice

• Invoice Number

• Total Invoice Amount

• Description of services provided, including dates services were rendered

Invoices that are not properly submitted, or that contain incorrect data, will be returned/rejected for revision.

16. CONFIDENTIALITY.

The Contractor shall not reveal, divulge, or disseminate any oral or written information obtained as a result of execution of this Contract or performance of work hereunder. All client records are confidential. Improper disclosure of information is a violation of the Privacy Act. The Contractor shall be required to sign a non-disclosure agreement.

17. GOVERNMENT-CONTRACTOR RELATIONSHIP

The Government and the Contractor understand and agree that the support services under this Contract are for non-personal services and the Contractor will not be paid for performing personal service functions.

LOCAL CLAUSES & PROVISIONS

2852.201-70 Contracting Officer's Representative (COR) – (EOUSA modified, March 2014)

(a) To be determined (TBD) at time of award Mr./Ms. (Name) of (Organization) (Room No.), (Building), (Address), (Area Code & Telephone No.), is hereby designated to act as Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract;

providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

Electronic Signatures (May 2019)

(a) The Department of Justice is committed to doing business in the most efficient and effective way possible, and to facilitate paperless processes. In furtherance of this goal, the Contracting Officer may apply their digital signature to procurement documents in the Portable Document Format (PDF) through the use of their government issued Personal Identity Verification (PIV) Card with a valid public key certificate. A digital signature made with these certificates is evidence that a specific individual signed the electronic record and that it was not altered. The recipient of a signed document can rely on the digital signature as evidence for a third party that the signature was generated by the claimed signer.

(b) For procurement documents that require a signature from a representative of the Contractor, the Contractor may utilize manual or electronic signature. Should the Contractor utilize an electronic signature, by returning the document with an electronic symbol affixed to the appropriate signature block, the Contractor representative signing on behalf of the Contractor certifies that:

(1) Electronic Form of Signature: The Contractor representative has knowingly adopted, applied or affixed an electronic symbol to the document;

(2) Intent to Sign: The Contractor representative has applied an electronic symbol with the intent to legally bind the Contractor;

(3) Association of Signature to Record: the Contractor representative’s signature is attached to the electronic record being signed;

(4) Identification and Authentication of Signer: The Contractor has a means to identify and authenticate a particular person as the signer; and

(5) Integrity of Signed Record: The Contractor can attest to the integrity of the signed record between the time of signature and the returned record to the government.

(c) This clause applies to this document and any subsequent documents (e.g., modifications, task/delivery orders) associated with this action.

(End of Clause)

Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (October 2007)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

Contractors should cross-train workers as backup for all positions performing critical services.

This is particularly important for work such as guard services where telework is not an option.

Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices;

agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

Determine how all employees who may telework will communicate with one another and with management to accomplish work.

Practice telework regularly to ensure effectiveness.

Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use federal employees. Employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2.

Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

(End of Clause)

EOUSA AI-10-1A - Personnel Security Requirements for Contractor Employees (OBD) (June 2021)

Work performed under this contract will involve any one or more of the following: access to DOJ Information, which may include Controlled Unclassified Information (CUI), i.e., unclassified, sensitive DOJ information, and/or access to DOJ Information Technology (IT) systems, and/or unescorted access to DOJ space or facilities. Contractor employees will occupy Public Trust Positions, unless clause alternates are applied.

1.1 General Requirements

(a) (1) All references to “contract(or) personnel” and “contract(or) employee” in this clause means all individuals, without limitation, to include individuals employed by the contractor, team member, subcontractor, consultant, and/or independent contractor, who will have access to information of the Department of Justice (DOJ) or information that is within the custody and control of the DOJ, access to DOJ IT systems, and/or unescorted access to DOJ facilities/space in connection with the performance of this contract. “Employment” as used herein does not create nor imply an employer/employee relationship between the DOJ and contractor employees.

(b) (1) The type of security investigation required for each contractor employee will be governed by the type and risk level of information made available to the contractor employee. The contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the Security Programs Manager (SPM), in consultation with the Contracting Officer’s Representative if one is appointed, have received the requisite security approval.

(c) Except where specifically noted otherwise, the federal government will be responsible for the cost and conduct of the investigation.

(d) The contractor shall ensure that no contractor employee commences performance prior to receipt of a written authorization from the contracting officer, COR, or the SPM that performance by the respective contractor employee is authorized.

(e) The data and other information to which the contractor may have access as a result of this contract is the property of, and/or within the custody and control of, the Department, and its disclosure to third parties is governed by various statutes and regulations, the violation of which may subject the discloser to criminal penalties.

1.2 Citizenship and Residency Requirements

(a) Residency Requirement. (1) Contractor employees in Public Trust positions, both U.S. citizens and non-U.S. citizens, must meet the Department’s residency requirement if they will require access to DOJ information, IT systems, or unescorted access to facilities. For three years (not necessarily consecutive years) out of the last five years immediately prior to employment under the Department contract the contractor employee must have: (i) resided in the U.S.; (ii) worked for the U.S. in a foreign country as either an employee or contractor in a federal civilian or military capacity; or, (iii) been a dependent of a federal civilian or military employee or contractor working for the U.S. in a foreign country. At the Department’s sole discretion, the residency requirement may be waived by the Department Security Officer (DSO) for contractor employees on a case-by-case basis where justified by extenuating circumstances. The residency requirement does not apply to contractor employees residing in foreign countries that are hired to work in American embassies/consulates/missions located outside of the United States and who require access to DOJ information, IT systems, or unescorted access provided that an adequate background investigation can be conducted, with favorable adjudication, as determined by the DSO.

(b) Citizenship. (1) Aside from the specific exceptions set forth in Section 1.2(b)(2), for Public Trust positions, the DOJ requires that contractor employees be U.S. citizens and nationals, or lawful permanent residents seeking U.S. citizenship. Any prospective non-U.S. citizen contractor employee who requires access to DOJ information systems, DOJ information, and/or unescorted facilities access must also have been granted a waiver as described in paragraphs 1.2(d) and/or (e) below. The contractor is responsible for verifying that the non-U.S. citizens working under this contract are lawful permanent residents seeking U.S. citizenship.

(2) Exception for Certain Non-U.S. Citizen Contractor Employees: (i) Non-U.S. citizen expert witnesses, litigative consultants, and interpreters in rare foreign languages are not required to be lawful permanent residents seeking U.S. citizenship. However, they must be granted a waiver for access to unclassified DOJ information, whether CUI or not, DOJ IT systems, and/or unescorted facility access, as described in paragraph 1.2(d) and (e) below, regardless of the duration of their duties. (ii) Non-U.S.

Citizen contractor employees residing in foreign countries who are hired to work for the Department of Justice in American embassies/consulates/missions outside of the United States are not required to be lawful permanent residents seeking U.S. citizenship.

(c) Dual Citizenship. (1) U.S. citizens who hold dual citizenship with a foreign country are considered U.S. citizens within the meaning of this clause, and may be considered for, but are not entitled to, contract employment as U.S. citizens consistent with this clause. The means by which the contractor employee obtained or exercises his or her dual citizenship status will be a consideration in the Public Trust Investigation (PTI) adjudication, and/or waiver approval processes discussed in this clause.

(d) Access to DOJ Information Technology Systems. Non-U.S citizens are not authorized to access DOJ information technology (IT) systems or assist in the development, operation, management, or maintenance of DOJ IT systems, including providing IT system support, unless a waiver has been granted by the Head of the DOJ component or designee, with the prior concurrence of both the DSO and the DOJ Chief Information Officer, allowing computer access by the non-U.S. citizen. Such a waiver will be granted only in exceptional and unique circumstances on a case-by-case basis. It should be noted that the Justice Consolidated Office Network (JCON) is a sensitive DOJ IT system and any contractor employee who will need access to JCON must be a U.S. citizen or have received a waiver. In order for a waiver to be considered for approval: (1) There must be a compelling reason for using this individual as opposed to a U.S. citizen; (2) The type of personnel security vetting that has been conducted on the individual, and vetting results, that would mitigate risk; and (3) The waiver must be in the best interest of the federal government.

2. Access to Unclassified DOJ Information and Unescorted Access to DOJ Facilities or Space.

(1) Except as provided under 1.2(b)(2), non-U.S citizens are not authorized to access DOJ information and/or unescorted access to DOJ facilities or space, unless a waiver has been granted by the DSO, allowing access by the non-U.S. citizen. Such a waiver will be granted on a case-by-case basis where justified at the discretion of the DSO.

2.2 Background Investigation Requirements

(a) (1) Unless otherwise stated below, all contractor personnel are subject to a Public Trust Investigation

(PTI). The SPM will determine the type of investigation for each contractor employee based on the risk category (i.e., the nature of the position and degree of harm that could be caused by the individual in that position) and whether the position is long-term or short-term. The PTI risk categories are listed below.

(i) High Risk Positions. The minimum background investigation required is a Tier 4 (T4) investigation, and the five year reinvestigation required is a Tier 4R (T4R) investigation.

The 2017 version of the Standard Form (SF) 85P, Questionnaire for Public Trust Positions, is required.

(ii) Moderate Risk Positions. The minimum background investigation required is a Tier 2

(T2) investigation. The five year reinvestigation required is a Tier 2R (T2R) investigation. The 2017 version of the SF-85P is required.

(iii) Low Risk/Non-Sensitive Positions. The minimum background investigation required for

Low Risk/Non-Sensitive positions is a Tier 1 (T1) investigation and the required five year reinvestigation is also a Tier 1 (T1) investigation. The SF 85, Questionnaire for Non Sensitive Positions, is required.

(b) Exception for Expert Witnesses. Expert Witnesses, litigative consultants, and interpreters in rare foreign languages may not be subject to full background investigation requirements if alternative security requirements are approved by the DSO.

(c) Short-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), short-term contractor employees (6 months or less) who are U.S. citizens are not subject to a full background investigation, however, must receive an approved pre-employment background investigation waiver. The required forms to complete and submit are listed in Section 1.4(b) and (c)(2).

(d) Long-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), all long-term U.S. citizen employees (longer than 6 months) are subject to a full background investigation in the risk category appropriate to the position they will hold.

(e) Non U.S. Citizen Contractor Employees. Other than the exception in 1.3(b), all non-U.S.

citizen contractor employees regardless of performance duration (short or long term) are subject to a full background investigation in the risk category appropriate to the position they will hold.

(f) Reciprocity. A Public Trust Investigation will be accepted under reciprocity if it meets the following guidelines: (i) the investigation is current (investigations are considered current if completed within the last five years) and favorably adjudicated, or the reinvestigation has been deferred; (ii) the investigation meets or exceeds the level of investigation required for the DOJ contractual instrument; (iii) there has been no continuous (not cumulative) break in federal contract/service employment of two years or more; (iv) there is no derogatory information since the favorable fitness determination or adjudication that calls into question the individual’s fitness based on character or conduct; and (v) the investigative record does not show conduct that is incompatible with the core duties of the new contract position. A “core duty” is a continuing responsibility that is of particular importance to the relevant covered position or the achievement of an agency’s mission. Core duties will vary from position to position.

2.3 Background Investigation Process

(a) e-QIP (or its successor). Public Trust background investigations/reinvestigations of contractor employees will be performed by the DCSA. The investigative process requires contractor employees to complete the Electronic Questionnaires for Investigations Processing (e-QIP) and provide additional information as specified in paragraph 1.4(b) below. Immediately after contract award, the contractor shall designate an employee as its “e-QIP Initiator” and provide the name of this person to the SPM.

The e-QIP Initiator must have, at a minimum, a favorably adjudicated Tier 1 investigation and the appropriate DOJ security approval before being given access to e-QIP. After the e-QIP Initiator’s security approval is granted, the Contractor will be configured in e-QIP as a sub-agency to DOJ. The contractor will then be responsible for initiating investigations for all contract personnel, whose previous investigation does not meet reciprocity, in e-QIP for completion of the security questionnaire form and forwarding the electronic form with the remainder of the security package to the SPM. Subject to the prior written approval of the SPM, the contractor may designate an e-QIP Initiator for each subcontractor. Subcontractor e-QIP Initiators must have, at a minimum, a favorably adjudicated Tier 1 investigation and the appropriate DOJ security approval before being provided access to e-QIP.

(b) Additional Documentation. (1) In addition to completing the e-QIP questionnaire (see paragraph 1.4(a) above), the contractor shall ensure that each contractor employee occupying Public Trust Positions, including short-term employees, completes and submits the following information through the contractor’s Corporate Security Officer:

(i) Digital Fingerprinting/FD-258 Applicant Fingerprint Card. Two sets are required per applicant. The contractor may schedule appointments with the SPM to be digitally fingerprinted; otherwise, fingerprinting by the FBI or other law enforcement entity, as approved by the SPM, is required to ensure the identity of the person being fingerprinted and for printing quality. All pertinent information must be completed by the individual taking the fingerprints (FBI or other). Use of the physical FD-258 Applicant Fingerprint Card should only be used in extenuating circumstances.

(ii) DOJ-555 Fair Credit Reporting Act Disclosure. Authorizes DOJ to obtain one or more consumer/credit reports on the individual. This form will be required if the Component SPM determines a credit check is necessary for its Low Risk Level 1 contractor positions.

(iii) OF-306, Declaration for Federal Employment.

(iv) Foreign National Relatives or Associates Statement. This is only required if foreign national relatives or associates were not disclosed on the security questionnaire form.

(v) Self-Reporting Requirements for All Contractor Personnel. This is an acknowledgement and acceptance statement that every contractor must sign.

(vi) Additional information as may be required based on the review of the security questionnaire form.

The contractor shall review all forms/documents to ensure each is complete, accurate and meets all DOJ requirements, including applicable residency and citizenship requirements. The contractor shall resolve any issues or discrepancies with the contractor employee, including resubmission of corrected forms or documentation. Completed forms/documents shall be submitted to the SPM (or designee, which may include the COR) within five (5) calendar days after being finalized.

(c) Adjudication and Pre-Employment Background Investigation Waivers

(1) Except as set forth in this section, background investigations must be conducted and favorably adjudicated for each contractor employee prior to commencing their work on this contract. Where programmatic needs do not permit the federal government to wait for completion of the entire background investigation, a pre-employment background investigation waiver for public trust contractors can be granted by the SPM, in consultation with the cognizant COR. Pre-employment waivers cannot be used to circumvent delays in clearing classified contractors through the DCSA, if access to classified information is required.

(2) As directed by the SPM, the contractor shall initiate pre-employment waivers for Public Trust Positions when necessary. This may entail performing credit history checks and submission of these checks as part of the security package, including satisfactory resolution of any issues prior to submission to the federal government. A waiver will be disapproved if it develops derogatory information that cannot be resolved in the contractor employee’s favor. When a waiver has been disapproved, the CO, in consultation with the SPM and COR, will determine (i) whether the contractor employee will no longer be considered for work on a DOJ contract or (ii) whether to wait for the completion and favorable adjudication of the background investigation before the contractor employee commences work on a Department contract. Pre-employment background investigation waiver requirements include:

1. Verification of citizenship (copy of a birth certificate, naturalization certificate, or U.S. passport);

2. Verification of compliance with the DOJ Residency Requirement of this Clause;

3. Favorable review of the security questionnaire form;

4. Favorable FBI fingerprint results;

5. Favorable credit report;

6. Favorable review of the OF-306 form, Declaration for Federal Employment;

7. Verification of the initiation of the appropriate background investigation (for long-term personnel); and

8. Receipt of the signed DOJ Self-Reporting Requirements for All Contractor Personnel (see Section

1.6, below).

(3) The investigating agency (DCSA) will provide the SPM with the results of each proposed contractor employee’s Public Trust investigation. Upon receipt of the investigation and any other pertinent documents from the investigating agency, the SPM will determine whether each proposed contractor employee should be granted employment security approval.

(4) The COR will notify the contractor of the results of Public Trust background investigations as they are completed and adjudicated, including any individual who is found ineligible for employment security approval. For any individual found ineligible for employment on a Department contract, the contractor shall propose a replacement and initiate the background investigation process consistent with this clause.

1.5 Identity Proofing and Badging

(a) Access to DOJ Information, federally-controlled IT systems, and/or unescorted access to federally-controlled facilities or space (regardless of whether the contractor employee will be issued a DOJ PIV card or building access badge) shall be made available after each respective contractor employee has (1) met the identity proofing requirements outlined below, and (2) completed all other security requirements stated elsewhere in this contract.

(b) Public Trust contractor employees must appear in person at least once before a DOJ official or an official of a trusted contract company (i.e., has a facility security clearance) who is responsible for checking two forms of identification in original form prior to commencement of work by the contractor employee and PIV card or building access badge issuance (as applicable). Approval will be documented by the DOJ official or an official of a trusted contract company. (Acceptable documents are listed in Form I-9, Employment Eligibility Verification, and at least one document must be a valid state or federal government issued picture ID).

(c) All contractor employees requiring unescorted access to a DOJ controlled facility or space shall comply with the PIV card or building access badge requirements outlined below:

(i) When any contractor employee enters a DOJ building for the first time, he/she shall allow one hour for security processing and the creation and issuance of a building access badge. PIV cards require additional processing time and will not likely be issued on the same day.

(ii) Building access badges shall be subject to periodic review by the contractor employee's supervisor and checked against his/her personal identification. The contractor employees shall present themselves for the issuance of renewed badges when required by the government as scheduled by the COR or his/her designee. The contractor shall notify the COR when contractor employee badges are lost, and must immediately apply for reissuance of a replacement badge. The contractor shall pay for reissued building access badges at no cost to the government. It is the contractor employee's responsibility to return badges to the COR or his/her designee when a contractor employee is dismissed, terminated or assigned to duties not within the scope of this contract.

1.6 Employee Reporting Requirements

(a) All contractor employees must sign the DOJ Self-Reporting Requirements for All Contractor Personnel statement acknowledging and accepting the DOJ requirement that they immediately self-report certain information using the Department’s iReport system. The COR or SPM will provide the Self- Reporting statement as well as a list of reportable information, which varies by position sensitivity designation, to the contractor employee before commencing work under the contract. If the contractor employee does not have access to the DOJ iReport System, the COR or SPM will provide a fillable form for the contractor employee to complete and submit.

(b) The COR and SPM will review the written report and documentation and make a determination regarding continued employment on a DOJ contract.

(c) DOJ reporting requirements are in addition to the DCSA reporting requirements and the contractor’s internal reporting requirements.

1.7 Replacement Personnel

(a) The contractor shall make every effort to avoid costs to the government for security investigations for replacement of contractor employees, and in so doing shall ensure that otherwise satisfactorily performing and physically able contractor employees remain in contract performance for the duration of the contract. The contractor shall take all necessary steps to ensure that contractor personnel who are selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and able to meet all other requirements stipulated in the contract.

(b) The fact that the government performs security investigations shall not in any manner relieve the contractor of its responsibility to ensure that all contract personnel are reliable and of reputable background and sound character. Should a security investigation conducted by the government and/or a contractor’s self-report or failure to self-report render ineligible a contractor employee, the contracting officer will determine whether the contractor has violated this clause. The contracting officer may direct the contractor, at its own expense, to remove and replace any contractor personnel who fails to comply with or violates applicable requirements of this contract. Such action may be taken at the government’s direction without prejudice to its rights under any other provision of this contract, including termination for default, and the contractor may be held liable, at a minimum, for all reasonable and necessary costs incurred by the government to (i) provide coverage (performance) through assignment of individuals employed by the government or third parties in those cases where absence of contractor personnel would cause either a security threat or DOJ program disruption and (ii) conduct security investigations in excess of those which would otherwise be required.

(c) Nothing in this clause shall require the contractor to bear costs involved in the conduct of security investigations for replacement of a contractor employee who separates from the contractor of his/her own accord, is incapacitated, or is deceased.

(d) The contractor shall comply with the terms and conditions set forth under this clause and assumes all liability for failure to comply. The rights and remedies conferred upon the government by this clause are in addition to all and other rights and remedies pursuant to the contract and as established by law.

(end of clause)

Security of Department Information and Systems (April 2015)

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this 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 Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

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

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), 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 history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

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 contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, 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 Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract.

The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

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 except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of 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 transactions and functions that authorized users are permitted to exercise;

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

3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring,…