Attachment 1 - Revised Statement of Work.pdf

STATEMENT OF WORK

Cisco BroadWorks Licensing, Maintenance and Support

1.0 BACKGROUND

The Executive Office for United States Attorneys (EOUSA) operates an enterprise-class Cisco BroadWorks-based voice over IP (VoIP) telephony and Unified Communications (UC) solution for the ninety-four United States Attorneys Districts, EOUSA, and other Department of Justice (DOJ) Components, filling a critical business requirement to provide reliable voice communications services. The enterprise voice over IP solution (VoIP), USAVoice, has reduced organizational telephony costs, added state of the art technology advances, centralized the voice infrastructure, and significantly improved reliability. The Department’s Office of the Chief Information Officer (OCIO) has authorized inclusion of the USAVoice system within the Departmental portfolio so that other DOJ components may use it to achieve greater efficiencies and reduce costs. As a result, other DOJ Components have chosen to migrate to USAVoice solution to replace aging telephone systems and leverage the cost-sharing model.

2.0 SCOPE

EOUSA’s operates an enterprise-class Cisco BroadWorks-based VoIP telephony and UC solution.

EOUSA requires BroadWorks account and feature licenses and support to continue providing business voice services to the USAOs and other DOJ Components. The contractor shall provide BroadWorks perpetual licensing as well as maintenance and support for the licensed products. In addition, the contractor shall provide access to Cisco professional services to implement technical requirements on the EOUSA Cisco platform as required during the course of contract performance.

For professional services engagements, the place of performance is in EOUSA’s offices at 175 N Street NE, Suite 3.900, Washington, DC, 20002, or at the Core Enterprise Facility (CEF) datacenter, 22400 Shaw Road, Sterling, VA 20166, or at the Network Operations Center (NOC) datacenter, 1600 Hampton Street, Columbia, SC 29201.

Cisco BroadWorks Perpetual Licensing:

BroadWorks perpetual licensing shall be orderable by CLIN and in compliance with the license agreement included as Attachment 1. Estimated Quantities of 0 represent CLIN’s that fall within the scope of this contract. Each new license shall include a 90-day warranty.

Base Year:

PERPETUAL LICENSING

CLIN Item Description Estimated

Order Quantity

Unit Price

User Application Software 0001 Base Enterprise System - O/S, N/S, XSP, Auto

Attendant, ACD, Premium Enterprise, BW Assistant-Enterprise

0 each

0002 Business Line Package - Business Line package, O/S, N/S, XSP

0 each

0003 Base Voice Messaging System - Messaging System

0 each

0004 Reserved 0 each 0005 Reserved 0 each

Optional Packages

0006 Call Center Premium - Enhanced Queuing Includes Call Center Reporting

0 each

0007 Call Center Standard - Call Center ACD/Queuing (included in core platform) plus Call Center Reporting

0 each

0008 Call Recording - Allows Recording of Call to a Third Party Call Recording Platform (3PCR)

0 each

0009 Meet-Me Audio Conferencing 0 each 0010 Enhanced Call Logs - Includes Search and

Filtering Capabilities 0 each

0011 BroadWorks WebRTC Gateway** 0 system 0012 BroadWorks WebRTC Gateway Transcoding

Package** 0 each

0013 Reserved 0 each 0014 Reserved 0 each 0015 Access Mediation Server 0 devices 0016 G.729 MS Codec 0 each 0017 MP3 Encoding 0 each 0018 Fax Messaging (Overlay) 0 one time 0019 Reserved 0 each 0020 Reserved 0 each 0021 Element Management System - Redundant 0 each 0022 Business Trunking 0 each 0023 BroadWorks Collaborate and Sharing - Server based UC Solution 0 each

0024 Lawful Intercept 0 each

Unified Communications Software

0025 Reserved 0 each 0026 Reserved 0 each 0027 Reserved 0 each

0028 Reserved 0 each

0029 Reserved 0 each 0030 Reserved

Optional Client Applications

0031 Call Center Agent Client - PC Client provides call center agent call control

0 each

0032 Call Center Supervisor Client - PC Client provides call center supervisor capabilities

0033 Receptionist Enterprise 0 each

Optional Services

Lab Applications

0034 BW Element Management System – Lab** 0 0035 BW Collaborate Service Licenses – Lab** 0 0036 BW UVS - G.729+H264 Codecs Package (10 ports) – Lab**

ANNUAL MAINTENANCE AND SUPPORT

CLIN Item Description

User Application Software 0037 Base Enterprise System - O/S, N/S, XSP, Auto

Attendant, ACD, Premium Enterprise, BW Assistant-Enterprise

31,142 each

0038 Business Line Package - Business Line package, O/S, N/S, XSP

10,045 each

0039 Base Voice Messaging System - Messaging System

32,142 each

0040 Reserved 0 each

0041 UC Seat Bundle - Base Enterprise System, BTBC voice/video desktop, mobile, tablet, Meet Me

150 each

0042 Call Center Premium - Enhanced Queuing Includes Call Center Reporting

225 each

0043 Call Center Standard - Call Center ACD/Queuing (included in core platform) plus Call Center Reporting

100 each

0044 Call Recording - Allows Recording of Call to a Third-Party Call Recording Platform (3PCR)

170 each

0045 Meet-Me Audio Conferencing 240 each 0046 Enhanced Call Logs - Includes Search and

Filtering Capabilities 0 each

0047 Reserved 0 system 0048 Reserved 0 each

0049 Reserved 0 each

0050 Reserved 0 devices 0051 G.729 MS Codec 760 each 0052 MP3 Encoding 0 each 0053 Fax Messaging (Overlay) 1 one time 0054 Reserved 0 each 0055 Reserved 0 each 0056 Element Management System - Redundant 1 each 0057 Business Trunking 500 each

0058 Reserved 0 each

0059 Lawful Intercept 0 each

Unified Communications Software

0060 BW Special UC One Add On Bundle** 18,400 each 0061 UC One Add-On Bundle 50 each

0062 Business Communicator - Voice Desktop Version (Windows or Mac)

1,848 each

0063 Reserved 0 each Optional Client Applications

0064 Call Center Agent Client - PC Client provides call center agent call control

250 each

0065 Call Center Supervisor Client - PC Client provides call center supervisor capabilities

95 each

0066 Receptionist Enterprise 221 each

Lab Applications

0067 BW Element Management System – Lab** 3 each 0068 BW Collaborate Service Licenses – Lab** 3 each 0069 BW UVS - G.729+H264 Codecs Package (10 ports) – Lab** 1 each

0070 Platform OS - Lab 3 each 0071 1,000 User Extension - Lab 3 each 0072 DBS - Lab 3 each 0073 UC-One Portals - Lab 2 each

**Open Market Item

Option Year 1

PERPETUAL LICENSING

CLIN Item Description Estimated

Order Quantity

Unit Price

User Application Software

1001 Base Enterprise System - O/S, N/S, XSP, Auto Attendant, ACD, Premium Enterprise, BW Assistant-Enterprise

0 each

1002 Business Line Package - Business Line package, O/S, N/S, XSP

0 each

1003 Base Voice Messaging System - Messaging System

0 each

1004 Reserved 0 each 1005 Reserved 0 each

1006 Call Center Premium - Enhanced Queuing Includes Call Center Reporting

1007 Call Center Standard - Call Center ACD/Queuing (included in core platform) plus Call Center Reporting

0 each

1008 Call Recording - Allows Recording of Call to a Third Party Call Recording Platform (3PCR)

0 each

1009 Meet-Me Audio Conferencing each 1010 Enhanced Call Logs - Includes Search and

Filtering Capabilities 0 each

1011 BroadWorks WebRTC Gateway** 0 system 1012 BroadWorks WebRTC Gateway Transcoding

Package** 0 each

1013 Reserved 0 each 1014 Reserved 0 each 1015 Access Mediation Server 0 devices 1016 G.729 MS Codec Each 1017 MP3 Encoding 0 each 1018 Fax Messaging (Overlay) 0 one time 1019 Reserved 0 each 1020 Reserved 0 each 1021 Element Management System - Redundant 0 each 1022 Business Trunking 0 each 1023 BroadWorks Collaborate and Sharing - Server based UC Solution 0 each

1024 Lawful Intercept 0 each

Unified Communications Software

1025 Reserved 0 each 1026 Reserved 0 each

1027 Reserved 0 each

1028 Reserved 0 each

1029 Reserved 0 each 1030 Reserved

1031 Call Center Agent Client - PC Client provides call center agent call control

0 each

1032 Call Center Supervisor Client - PC Client provides call center supervisor capabilities

0 each

1033 Receptionist Enterprise 0 each

Optional Services

Lab Applications

1034 BW Element Management System – Lab** 0 each 1035 BW Collaborate Service Licenses – Lab** 0 each 1036 BW UVS - G.729+H264 Codecs Package (10 ports) – Lab**

ANNUAL MAINTENANCE AND SUPPORT

CLIN Item Description

User Application Software 1037 Base Enterprise System - O/S, N/S, XSP, Auto

Attendant, ACD, Premium Enterprise, BW Assistant-Enterprise

0 each

1038 Business Line Package - Business Line package, O/S, N/S, XSP

0 each

1039 Base Voice Messaging System - Messaging System

0 each

1040 Reserved 0 each

1041 UC Seat Bundle - Base Enterprise System, BTBC voice/video desktop, mobile, tablet, Meet Me

1042 Call Center Premium - Enhanced Queuing Includes Call Center Reporting

0 each

1043 Call Center Standard - Call Center ACD/Queuing (included in core platform) plus Call Center Reporting

0 each

1044 Call Recording - Allows Recording of Call to a Third Party Call Recording Platform (3PCR)

0 each

1045 Meet-Me Audio Conferencing 0 each 1046 Enhanced Call Logs - Includes Search and

Filtering Capabilities 0 each

1047 Reserved 0 system 1048 Reserved 0 each

1049 Reserved 0 each

1050 Reserved 0 devices 1051 G.729 MS Codec 0 each 1052 MP3 Encoding 0 each 1053 Fax Messaging (Overlay) 0 one time 1054 Reserved 0 each 1055 Reserved 0 each 1056 Element Management System - Redundant 0 each 1057 Business Trunking 0 each 1058 Reserved 0 each

1059 Lawful Intercept 0 each

Unified Communications Software

1060 BW Special UC One Add On Bundle** 0 each 1061 UC One Add-On Bundle 0 each 1062 Business Communicator - Voice Desktop Version

(Windows or Mac)

1063 Reserved 0 each

1064 Call Center Agent Client - PC Client provides call center agent call control

0 each

1065 Call Center Supervisor Client - PC Client provides call center supervisor capabilities

0 each

1066 Receptionist Enterprise 0 each

Lab Applications

1067 BW Element Management System – Lab** 0 each 1068 BW Collaborate Service Licenses – Lab** 0 each 1069 BW UVS - G.729+H264 Codecs Package (10 ports) – Lab** 0 each

1070 Platform OS - Lab 0 each 1071 1,000 User Extension - Lab 0 each 1072 DBS - Lab 0 each 1073 UC-One Portals - Lab 0 each

Substitutions and Replacements:

The Contractor shall not substitute or replace the items identified by a CLIN unless specifically authorized by the Government. Substitutions accepted as replacements will be formally added to the contract via modification issued by the Contracting Officer.

Technology Refreshment:

The Contractor may propose, or the Government may request, product updates or substitutions for a variety of reasons including, but not limited to: (1) technology improvements, (2) products announced for discontinuation (e.g., end of life products), (3) industry trends). A resulting modification (unilateral or bilateral), addressing such product updates or substitutions, will be seen as being within the scope of this contract.

Cisco Maintenance and Support:

BroadWorks maintenance and support shall be orderable by CLIN, and in compliance with Exhibit A to the license agreement included as Attachment 1 (note, FAR § 52.212-4(u) applies).

BroadWorks maintenance and support shall include access to technical support to troubleshoot software questions and issues via the Cisco support portal or via phone. Support shall be available on a 24/7/365 basis. In addition, EOUSA shall be eligible for software patches and version upgrades as they become available during the period of performance.

Warranty and Maintenance Period:

To ease date tracking for maintenance validity periods, annual maintenance and support for all licensed products shall be co-termed to a mutually agreed upon 12-month period. For new license orders, the 90-day warranty period for each order shall commence upon delivery of the updated license file to EOUSA. Maintenance for each new license shall be pro-rated to the mutually agreed upon co-term date for annual maintenance renewal. The contractor will coordinate with the Contracting Officer’s Representative.

3.0 PERIOD OF PERFORMANCE

Base Year: October 1, 2022 – September 30, 2023 Option Year 1: October 1, 2023 – September 30, 2024

4.0 EVALUATION CRITERIA, DEADLINES & CONTRACT TYPE

The contract will be awarded to the contractor submitting the lowest price technically acceptable.

Questions are to be sent to Jonathan Mayfield (Jonathan.Mayfield@usdoj.gov).

This will be an Indefinite Delivery Indefinite Quantity contract with firm fixed unit prices.

EOUSA will order a minimum amount of $100,000.00. EOUSA’s requirements will not exceed $800,000.00 per year. If the two Option Years are exercised, the total of EOUSA’s requirements will not exceed $2,000,000.00.

5.0 CONTRACTING OFFICER

Contracting Officer

The Contracting Officer for this contract will be:

Terri Long-Miller Executive Office for U.S. Attorneys - Acquisitions Staff 175 N Street NE Washington, DC 20530

Written communication shall make reference to the contract number and shall be emailed to Terry.Long-Miller@usdoj.gov or mailed to the above address. Any action taken by the Contractor outside the terms and conditions of this purchase order shall be deemed to have been for the Contractor’s convenience and therefore shall not obligate the Government to pay the Contractor for those efforts.

6.0 CONTRACTING OFFICER’S REPRESENTATIVE

Rey McDannel (rey.mcdannel@usdoj.gov; (202) 252-4439; 175 N Street NE, Suite 3.900, Washington, DC 20002) will be designated to act as the Contracting Officer’s Representative under this contract.

The Contracting Officer’s Representative 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 the contract; providing direction to the contractor which clarifies the contract effort;

evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The Contracting Officer’s Representative 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, the Contracting Officer shall issue such changes.

mailto:Jonathan.Mayfield@usdoj.gov mailto:Terri.Long-Miller@usdoj.gov mailto:rey.mcdannel@usdoj.gov

7.0 INVOICE INSTRUCTIONS PER FAR 52.212-4(g)

Invoices must be submitted to via email to:

USAEO.OCIOAcctPayable@usdoj.gov

Prompt Payment Act – In accordance with the Federal Prompt Payment Act, EOUSA is authorized 30 days from the date on which a complete, correct invoice is received to make payment.

Invoices shall be submitted with the following information:

I. Contractor’s Mailing Address

II. Telephone Number III. Date of Invoice IV. Invoice Number V. Purchase Order Number

VI. Total Invoice Amount

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

8.0 LOCAL CLAUSES

Notice of Contractor Personnel Security Clearance Requirements (May 2016)

Where performance under this contract/task or delivery order/call requires contractor personnel to have access to Department of Justice (DOJ) information, systems or facilities, contractor personnel will be subject to the background clearance requirements of Homeland Security Presidential Directive (HSPD)-12, OMB Guidance Memorandum M-05-24, FIPS Publication 201 and DOJ policy implementing HSPD-12 requirements.

Background clearance requirements are determined by the risk level of each position, type of access and length of access required. Further information on background security clearance requirements applicable to contractor personnel proposed for performance on this contract/order/call may be obtained from the Contracting Officer.

All contractor personnel must meet the DOJ Residency Requirements. He/She must have lived in the United States three of the last five years immediately prior to start of performance on this contract/order/call, and/or worked for the United States overseas in a federal or military capacity, and/or be a dependent of a federal or military employee serving overseas. Specific limited waiver request requirements - contractor personnel performing duties for a cumulative total of 14 days or less where there is a critical need for their specialized and unique skills (as solely determined by the Government) may be proposed for a waiver of the Residency Requirement by the contractor.

Contractor personnel who are non-US citizens proposed for such a waiver of the Residency Requirement must be from a country allied with the United States (Since the countries on the Allied Countries List are subject to change, the contractor may review the following website for current information:

http://www.opm.gov For contracts/orders/calls where access to DOJ information systems is involved, non-US citizens are mailto:USAEO.OCIOAcctPayable@usdoj.gov http://www.opm.gov/ not permitted to have access to or assist in the development, operation, management or maintenance of any DOJ IT system, unless a waiver is granted by the head of the Component, with concurrence of the Department Security Officer (DSO) and DOJ Chief Information Officer (CIO). Any such waiver must be in writing and be obtained prior to allowing any contractor employee who is the subject of the waiver request to begin work under this contract/order/call.

The above requirements apply to any and all contractor employees requiring access to DOJ information systems or facilities, including subcontractor personnel, if applicable.

(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, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information

System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

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

8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication methods 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 Contractor’s organization and the DOJ;

10. Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;

11. [Reserved]

12. 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 destroying Covered Information System media containing DOJ Information before disposal, release or reuse of such media;

13. 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 Information Systems;

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

15. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilities and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;

16. Assessing the security controls of Covered Information Systems periodically to determine if the controls 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 security controls on an ongoing basis to ensure the continued effectiveness of the controls;

17. 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 employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and

18. Identifying, reporting, and correcting Covered Information System security flaws in a timely manner, providing protection from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate 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 security, confidentiality, integrity, and availability of the DOJ Information under this contract. The DOJ standards 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, management, 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, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor’s facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, system penetration testing, and FISMA data reviews by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

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 obtains 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 software 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 corrected 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 return all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at Contractor’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 deployment 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 responsible 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 Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, 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

1. Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed unauthorized exposure, 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) report 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 report 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 Information 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 instances of PII, (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the US-CERT Federal Incident Notification Guidelines, including the functional impact, information impact, impact to recoverability, threat vector, mitigation details, and all available incident details; and (4) any other information specifically requested by the DOJ. Contractor shall continue to provide written updates to the DOJ CO regarding 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 affected 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 images, 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. Additionally, 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 assessment 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 determinations of responsibility for the Security Incident and/or liability for any additional response activities. Contractor shall be responsible for all costs and related resource allocations required for all such response 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 individual 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 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 attributed to Contractor.

Data Security Contract Clause for Contracts Involving the PII of 25 or Fewer Individuals (May 2016) The following clause applies to all contracts involving the personally identifiable information (PII) of 25 or fewer individuals. PII refers to information that can be used to distinguish or trace an individual’s identity, such as his or her name, social security number, biometric records, etc., whether alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc. PII is defined at this link: http://www.gsa.gov/portal/content/104256.

Contractors using information systems that are subject to the data security requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) already are subject to the data security standards outlined below, and, therefore, only paragraphs (g), (h), and (i) apply.

(a) Contractors must ensure that computer hardware is secure and shall take the steps outlined below:

(1) Keep your firewall turned on: A firewall helps protect your computer from hackers who might try to gain access to crash it, delete information, or even steal passwords or other sensitive information. Software firewalls are widely recommended for single computers. The software is prepackaged on some operating systems or can be purchased for individual computers. For multiple networked computers, hardware routers typically provide firewall protection, although the contractor must verify this.

(2) Computers must be protected by username/password logins and password-protected screensavers (after 15-min. idle). Computer accounts cannot be shared with other users.

Contractors must report an incident to the EOUSA Security Operations Center at 803-705-5533 within one hour if their account is accessed by another user.

(3) Install and update your antivirus software: Antivirus software is designed to prevent malicious software programs from embedding in your computer. If it detects malicious code, like a virus or a worm, it works to disarm or remove it. Viruses can infect computers without users’ knowledge. Most types of antivirus software can be set up to update automatically.

(4) Install and update your antispyware technology: Spyware is just what it sounds like— software that is surreptitiously installed on your computer to let others peer into your activities on the computer. Some spyware collects information about you without your consent or produces unwanted pop-up ads on your web browser. Some operating systems offer free spyware protection, and inexpensive software is readily available for download on the Internet or at your local computer store. Be wary of ads on the Internet offering downloadable antispyware—in some cases these products may be fake and may actually contain spyware or other malicious code.

(5) Maintain active and supported operating systems and application software. Computer operating systems (e.g., Windows 8.0) and application software (e.g., Microsoft Word) have a lifecycle that begins when a product is released and ends when it’s no longer supported. Install and maintain security updates and fixes updated to stay in tune with technology requirements and to fix security holes. Be sure to install the updates to ensure your computer has the latest protection.

http://www.gsa.gov/portal/content/104256

(6) Be careful what you download: Carelessly downloading e-mail attachments can circumvent even the most vigilant anti-virus software. Never open an e-mail attachment from someone you don’t know and be wary of forwarded attachments from people you do know. They may have unwittingly advanced malicious code.

(7) Turn off your computer: With the growth of high-speed Internet connections, many opt to leave their computers on and ready for action. The downside is that being “always on” renders computers more susceptible. Beyond firewall protection, which is designed to fend off unwanted attacks, turning the computer off effectively severs an attacker’s connection—be it spyware or a botnet that employs your computer’s resources to reach out to other unwitting users.

(b) You must encrypt files related to this project on your computer whenever you are not working on them using a standard software encryption product such as Winzip (Version 18.5 or later with the Windows FIPS 140-2 validated cryptographic modules enabled), Securezip, or any other product that meets Federal Information Processing Standard (FIPS) 140-2. If you do not already have a suitable encryption program on your computer, you can download one of these products easily.

(c) If the data under this contract will be accessed by more than one person, rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and PII. You can comply by having all users sign these rules: 1. Keep all data and information received from the government confidential.

2. Do not leave it unattended in a place where an unauthorized person might read, copy, or take it.

3. Do not transmit it without encryption from one computer to another. 4. If confidentiality is breached, inform [name principal of the contractor] within one hour of suspected breach so the United States can fulfill its obligations.

(d) All PII data must be deleted from all contractor-owned devices within 15 days of contract termination or contractor completion. The Contracting Officer (CO) must receive a written certification, either via email or letter, that the contractor has deleted all PII. This bulletin outlines approved method of data destruction; please see Appendix 1, which begins on page 26:

http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-88r1.pdf.

(e) All files related to this project, and contractor-owned removable media (such as removable hard drives, flash drives, CDs, or floppy disks containing DOJ data) shall not be removed from DOJ facilities (either physically or electronically, such as by email) unless encrypted using a NIST FIPS 140-2 approved product. Please note that this requirement refers to transferring information between systems and storage devices (such as back and forth between contractor and DOJ attorney), while paragraph (b) above applies to data while it is on your computer.

NOTE: As an alternative to media encryption, DOJ data may be securely exchanged between contractors and USAO personnel via the approved U.S. Attorneys’ File Exchange (USAfx) web portal.

(f) Contractors shall keep an accurate inventory of DOJ-owned devices used on DOJ contracts. It is understood that not all users will receive a DOJ-owned device. If equipment is provided, then the contractor, as well as the USAO providing the devices, must maintain an inventory of accountable DOJ property.

(g) If a data breach is suspected, the contractor shall, within one hour of discovery, report the breach http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-88r1.pdf to the EOUSA Security Operations Center (SOC) at 803-705-5533.

(h) The contractor must coordinate with EOUSA and the Department on notifying any individual whose PII was, or is reasonably believed to have been, breached.

(i) The contractor must require that all subcontractors under this contract (if any) adhere to all applicable security contract requirements.

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…