15JA0523Q00000112.pdf

15JA0523Q00000112 Page 1 of 43

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15JA0523Q00000112

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/16/2023

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

08/31/2023 18:00 CT

CODE 15JA05

Executive Office for United States Attorney

175 N Street NE

6th Floor

Washington, DC 20530-0021

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

541199

SIZE STANDARD:

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15JA41CODE15. DELIVER TO

U.S. Attorneys Office District of Minnesota 600 U. S. Courthouse 300 South Fourth Street Minneapolis, MN 55415

CODE 15JA0516. ADMINISTERED BY

Executive Office for United States Attorney 175 N Street NE 6th Floor Washington, DC 20530-0021

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15JA41CODE18a. PAYMENT WILL BE MADE BY

U.S. Attorneys Office District of Minnesota 600 U. S. Courthouse 300 South Fourth Street Minneapolis, MN 55415

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Indian Country MMIP Consultant services to assist the USAO District of Minnesota per Statement of Work attached; Base Year Period: September 30, 2023 through September 29, 2024 with (4) option years.

Time and Materials

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

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Charmella C Ware

31c. DATE SIGNED

08/16/2023

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

X

15JA0523Q00000112 Page 2 of 43

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 11/2021) BACK

15JA0523Q00000112 Page 3 of 43

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section B Supplies or Services and Prices Cost Section C Description/Specifications/Statement of Work Section D Packaging and Marking Section E Inspection and Acceptance Section F Deliveries or Performance Section G Contract Administration Data

3 Contract Clauses 52.217-8 Option to Extend Services (Nov 1999) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jun 2023) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) EOUSA AI-10-1B Security of Department Information and Systems (April 2015) EOUSA AI-10-1D Continuing Contract Performance During a Pandemic Influenza or other National Emergency (October 2007)

4 List of Attachments 5 Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Mar 2023) Evaluations Factors for Award Evaluations Factors for Award

15JA0523Q00000112 Page 4 of 43

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0001 MMIP Consultant

PSC: R418

Line Period of Performance: 09/30/2023 - 09/29/2024

1,900 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0002 MMIP Consultant Travel

IAW FTR

PSC: R418

Line Period of Performance: 09/30/2023 - 09/29/2024

0 LT $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0003 MMIP Consultant

Over Time (OT)

PSC: R418

Line Period of Performance: 09/30/2023 - 09/29/2024

0 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1001 MMIP Consultant

PSC: R418

Line Period of Performance: 09/30/2024 - 09/29/2025

1,900 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1002 MMIP Consultant Travel

IAW FTR

PSC: R418

Line Period of Performance: 09/30/2024 - 09/29/2025

0 LT $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1003 MMIP Consultant

Over Time (OT)

PSC: R418

Line Period of Performance: 09/30/2024 - 09/29/2025

0 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

15JA0523Q00000112 Page 5 of 43

2001 MMIP Consultant

PSC: R418

Line Period of Performance: 09/30/2025 - 09/29/2026

1,900 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

2002 MMIP Consultant Travel

IAW FTR

PSC: R418

Line Period of Performance: 09/30/2025 - 09/29/2026

0 LT $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

2003 MMIP Consultant

Over Time (OT)

PSC: R418

Line Period of Performance: 09/30/2025 - 09/29/2026

0 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3001 MMIP Consultant

PSC: R418

Line Period of Performance: 09/30/2026 - 09/29/2027

1,900 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3002 MMIP Consultant Travel

IAW FTR

PSC: R418

Line Period of Performance: 09/30/2026 - 09/29/2027

0 LT $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3003 MMIP Consultant

Over Time (OT)

PSC: R418

Line Period of Performance: 09/30/2026 - 09/29/2027

0 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4001 MMIP Consultant

PSC: R418

Line Period of Performance: 09/30/2027 - 09/29/2028

1,900 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4002 MMIP Consultant Travel

IAW FTR

PSC: R418

0 LT $________ $________$________$_________________

15JA0523Q00000112 Page 6 of 43

Line Period of Performance: 09/30/2027 - 09/29/2028

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4003 MMIP Consultant

Over Time (OT)

PSC: R418

Line Period of Performance: 09/30/2027 - 09/29/2028

0 HR $________ $________$________$_________________

Section B Supplies or Services and Prices Cost

B.1 PURPOSE

The mission of the United States Attorneys is to serve as the nation's principal litigators under the direction of the Attorney General.

There are 93 United States Attorneys stationed throughout the United States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. Each United States Attorney is the chief federal law enforcement officer of the United States within his or her particular jurisdiction. United States Attorneys conduct most of the trial work in which the United States is a party.

The United States Attorneys have three statutory responsibilities under Title 28, Section 547 of the United States Code:

1. the prosecution of criminal cases brought by the Federal Government;

2. the prosecution and defense of civil cases in which the United States is a party;

3. the collection of debts owed the Federal Government which are administratively uncollectible.

Although the distribution of caseload varies between districts, each U.S. Attorney’s Office (USAO) deals with every category of cases and handles a mixture of simple and complex litigation. Each United States Attorney exercises wide discretion in the use of his/her resources to further the priorities of the local jurisdictions and needs of their communities.

The USAO for the District of Minnesota (USAO-DMN) has determined that the Missing and Murdered Indigenous People (MMIP) issue is a national and district priority. The requested consultant will coordinate with Native American tribal governments, federal, state, local and tribal law enforcement agencies, and other government and non-government agencies to assist with a national response to MMIP issues and develop a district-wide response to MMIP and Indian Country issues. The consultant will have a DOJ laptop and cellphone assigned as well as access to the USAO main office, and branch office, as needed.

The contract position is for a base period of approximately 12 months or 1900 hours.

B.2 PRICE SCHEDULE

2.1 All unit prices are not to exceed projected fixed unit prices accomplished on a per hour basis to include all costs (including, but not limited to: labor, fringe benefits, health, and welfare, and five personal days). Total contract cost will be determined at the time of contract award.

2.2 The period of performance for this contract will include a base year and four one-year options.

Contract may be extended an additional six months pursuant to FAR 52.217-8, Option to Extend Services. In the event the contract is extended pursuant to FAR clause 52.217-8, Option to Extend Services, the prices for the most recent period shall apply.

a) Contract type shall be Time-and-Materials (T&M). Hourly rates shall include wages, overhead, general, and administrative expenses, and profit.

b) Government Furnished Property shall be provided.

Section C Description/Specifications/Statement of Work

STATEMENT OF WORK

INDIAN COUNTRY - MISSING AND MURDERED INDIGENOUS PEOPLE CONSULTANT (IC-MMIP)

U.S. Attorney’s Office – District of Minnesota

1.0 INTRODUCTION

15JA0523Q00000112 Page 7 of 43

The mission of the United States Attorneys is to serve as the nation's principal litigators under the direction of the Attorney

General. There are 93 United States Attorneys stationed throughout the United States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. Each United States Attorney is the chief federal law enforcement officer of the United

States within his or her particular jurisdiction. United States Attorneys conduct most of the trial work in which the United

States is a party.

The United States Attorneys have three statutory responsibilities under Title 28, Section 547 of the United States Code:

1. the prosecution of criminal cases brought by the Federal Government;

2. the prosecution and defense of civil cases in which the United States is a party;

3. the collection of debts owed the Federal Government which are administratively uncollectible.

Although the distribution of caseload varies between districts, each U.S. Attorney’s Office (USAO) deals with every category of cases and handles a mixture of simple and complex litigation. Each United States Attorney exercises wide discretion in the use of his/her resources to further the priorities of the local jurisdictions and needs of their communities.

The USAO for the District of Minnesota (USAO-DMN) has determined that the Missing and Murdered Indigenous People

(MMIP) issue is a national and district priority. The requested consultant will coordinate with Native American tribal governments, federal, state, local and tribal law enforcement agencies, and other government and non-government agencies to assist with a national response to MMIP issues and develop a district-wide response to MMIP and Indian Country issues.

The consultant will have a DOJ laptop and cellphone assigned as well as access to the USAO main office, and branch office, as needed.

The contract position is for a base period of approximately 12 months or 1900 hours.

2.0 GENERAL SCOPE

The contractor will provide a Consultant to arrange and participate in consultations with federally recognized tribal governments; federal, state and local agencies and law enforcement; non-governmental organizations; and other stakeholders to develop district-wide MMIP guidelines to respond to cases of IC-MMIP and to comply with Executive Branch and Congressionally mandated requirements and directives. The IC-MMIP Consultant will also assist with training and perform other duties as directed to address the MMIP issue and other issues related to public safety in Indian Country.

2.1 Consultant Duties

The prospective awardee works directly with USAO-DMN managers and attorneys to set the scope of the work plan. He or she will independently consult with IC and MMIP stakeholders to write and develop guidelines to respond to cases of IC-MMIP.

The contractor's candidate will be identified as a contractor and is prohibited from performing any inherent government functions.

The Consultant will:

• Assist with the implementation of Savanna’s Act (should it pass), the Executive Order on establishing the Task

Force on Missing and Murdered American Indian and Alaska Natives, and the United States Department of Justice

(DOJ) MMIP initiative and other directives related to MMIP and other Native American issues concerning missing persons;

15JA0523Q00000112 Page 8 of 43

• Identify and participate in consultations and liaison activities with Native American tribal governments and other federal partners, including the DOJ; the Federal Bureau of Investigation; the Bureau of Indian Affairs; tribal, state, and local law enforcement agencies; medical examiners; coroners; tribal, state, and local organizations that provide victim services; state and local governments; non-governmental agencies; and other MMIP stakeholders;

• Assist in scoping the problem;

• Assist in case preparation, including participating in witness interviews, organizing materials, creating checklists, preparing, and summarizing reports;

• Assist and advise MMIP attorney in coordinating casework and outreach to expand its MMIP efforts in Indian

Country;

• Assist in the preparation of protocols for informing tribal governments, the media, and the public about MMIP in conjunction with federal law enforcement agencies;

• Draft and edit guidelines, protocols, and procedures, take minutes, facilitate communication, develop systems, collect statements and data, draft and analyze reports, create graphs and other media for presentations;

• Use a variety of automated research tools including public information databases and other automated resources to perform case specific research;

• As the district’s MMIP program evolves other duties directly related to this initiative may be required.

3.0 BASIC QUALIFICATIONS FOR COORDINATOR

• Bachelor’s degree or higher preferred.

• A combined minimum of 10 (ten) years in federal law enforcement experience, training, or education in investigations. Experience in MIPP cases and/or investigations in Indian Country preferred.

• Experience working with tribal governments or entities. Experience with District of Minnesota related tribal governments or entities preferred.

• Experience reviewing and analyzing information, providing written reports and analysis, and developing national and district-wide guidelines and policies.

• Must have valid driver’s license and dependable vehicle.

• U.S. Citizenship.

4.0 GOVERNMENT FURNISHED EQUIPMENT AND RESOURCES

The USAO-DMN will provide the contractor with access to the government’s facility, office space, computer access, telephone, facsimile machines, copiers, supplies, and other general office equipment necessary to perform the requested work. The consultant will be provided access and passwords to various databases which may include Lexis/Nexis, Accurint, 15JA0523Q00000112 Page 9 of 43

AutotrackXP, Westlaw, Credit Bureau Reports, and PACER. The consultant will have the same access to law enforcement sensitive information as other USAO personnel.

5.0 WORK LOCATION AND PERIOD OF PERFORMANCE

5.1 Office Location

Performance will be primarily at the United States Attorney’s Office for the District of Minnesota, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415. However, the consultant will be traveling and attending meetings through the State.

Telework will be approved for this position; and days/hours are to be coordinated with the MMIP attorney in charge with the approval of COR.

Travel within the State is required on a frequent basis. Allowable travel expenses will be reimbursed as described in Section

6.0, Travel.

6.0 ACCEPTANCE CRITERIA

The Government will assess performance continuously during this order. The Government will evaluate the work performed under this order based on the degree to which the Contractor fulfills the requirements identified in the Scope of Work. 98% accuracy: performance of duties is completed according to the agreed upon due dates.

If at any time during this order the Government finds that the quality of service does not fulfill the requirements identified in the Statement of Work, the Contracting Officer will provide official written notification to the Contractor and establish a performance improvement period. If there is no improvement during the improvement period, the Contracting Officer may require removal of poor performing Contractor personnel (replacement personnel shall be provided by the Contractor without a break in service) or may provide notice that the order will be cancelled. If the Government provides notice that the order will be cancelled, there shall be no cost impact to the order over the amount obligated and incurred through the date of cancellation.

Section D Packaging and Marking

NOT USED

Section E Inspection and Acceptance

Final inspection and acceptance of work performed, reports, and other deliverables shall be performed by the COR.

Section F Deliveries or Performance

4.0 WORK LOCATION AND PERIOD OF PERFORMANCE

4.1 Office Location

15JA0523Q00000112 Page 10 of 43

Performance will be primarily at the United States Attorney’s Office for the District of Minnesota, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415. However, the consultant will be traveling and attending meetings through the State.

Telework will be approved for this position; and days/hours are to be coordinated with the MMIP attorney in charge with the approval of COR.

Travel within the State is required on a frequent basis. Allowable travel expenses will be reimbursed as described in Section 6.0, Travel.

4.2 Working Hours and Holidays

The normal working hours are forty hours per week. Working hours outside normal hours may be required and must have written advance approval of the Contracting Officer’s Representative (COR) for any overtime requests.

Except as approved by the COR in writing, in advance, work shall not be performed on Federal holidays:

observed by the Government is as follows:

• New Year’s Day;

• Martin Luther King’s Birthday;

• Presidents’ Day;

• Memorial Day;

• Juneteenth National Independence Day;

• Independence Day;

• Labor Day;

• Columbus Day;

• Veteran’s Day;

• Thanksgiving Day;

• Christmas Day

And any other Federal holidays declared by Executive Order.

There are certain types of irregularly occurring circumstances that prompt the Government to close its offices where Contractor personnel are working, either on a national or local basis (e.g., bomb threats, inclement weather, power outages, death of a national figure, or funding lapses). Contractor staff shall not work if the Government is closed unless otherwise authorized by the Contracting Officer. The Government shall not reimburse the Contractor for non-work hours caused by the closing of Government facility(ies).

Note: The Government shall not pay a premium for work performed on holidays should the contractor choose to do so.

Overtime:

Overtime must have prior approval from the COR or the CO in advance and when funding is available.

4.3 Period of Performance

15JA0523Q00000112 Page 11 of 43

The period of performance (PoP) shall consist of a Base Year: twelve (12) months at 1900 Hours, and four (4) Option Year periods, each consisting of twelve (12) months at 1900 hours. The Government anticipates that the periods of performance will be as follows:

Base Year: 09/30/2023 to 09/29/2024 Option Year One: 09/30/2024 to 09/29/2025 Option Year Two: 09/30/2025 to 09/29/2026 Option Year Three: 09/30/2026 to 09/29/2027 Option Year Four: 09/30/2027 to 09/29/2028

5.0 TRAVEL

The contractor may travel frequently, both nationally and within the district, for consultation with tribal governments in Indian Country, law enforcement, victim service providers, coroners, and other entities. On occasion, travel may be required to the National Advocacy Center (NAC) located in Columbia, South Carolina, to attend training related to MMIP issues.

All travel shall be pre-approved by the Division Chief and the Project Manager, with a copy of signed documentation submitted to the COR. Travel invoices shall be submitted separately with back-up documentation and receipts provided as indicated below. Indirect costs associated with travel expenses shall not be reimbursed.

Contractors shall obtain government rates at all times. If government rates are not available, the consultant shall contact the travel program lead prior to making arrangements.

Contractors are expected to incur expenses prudently. Excessive or lavish travel expenses shall not be reimbursed.

Below are some guidelines to prevent the incurrence of unacceptable travel expenses:

• Coach class transportation tickets should be purchased. Receipts are required.

• Receipts are required for all lodging costs, regardless of amount. Actual hotel costs shall be reimbursed up to government maximum lodging amount for city as indicated in the Federal Travel Regulation (FTR) http://www.gsa.gov. Standard hotel rooms should be purchased. Lodging cost shall not be allowed for stays with friends and/or relatives.

• Receipts are not required for meals. Meals and incidental expenses (M&IE) shall be reimbursed at the government M&IE rate as indicated in the Federal Travel Regulation, limited to ¾ rate for first and last day of travel.

• Receipts are required for any miscellaneous expenses over $75, i.e., taxi, phone calls, fax services, copier costs, etc.

• Non-business-related activities shall not be reimbursed, i.e., movies in hotel rooms, personal phone calls, sight- seeing ventures, transportation to nighttime activities or events, etc.

• Tips should not exceed 15% of the cost for taxis, etc.

Contractor personnel must submit their travel expenses for reimbursement to their employer.

The employer will reimburse the contractor and bill the travel expenses to the USAO on a monthly basis.

15JA0523Q00000112 Page 12 of 43

Note: As government per diem rates are revised in the FTR, the new rates shall automatically be effective on the date of the revision. If additional expenses are needed, they must be justified, supported by receipts when applicable, and approved by the COR.

6.0 SECURITY REQUIREMENTS

Contractor personnel will be required to have a favorably completed T4 background investigation for duty. This process will include a background check, credit history check and a drug screening. The successful vendor is expected to screen out applicants who cannot pass these screenings.

The USAO will provide the necessary security forms and instructions to the successful proposed contractor and will process them.

1. Confidentiality The contractor recognizes that the USAO has and will have law enforcement interests, as well as non-privileged information obtained from federal agencies and employees, and other proprietary information (collectively "information") which are valuable, special, and unique assets of the USAO. The contractor agrees that other than provided by law, he/she will at no time or under any circumstances, directly, or indirectly, divulge, disclose, or communicate information to a third party or use it for its own benefit without the prior written permission from the USAO.

The contractor may disclose information to its employees and subcontractors, who may be working on the case, in order to facilitate the testimony to be provided by the expert in person or by written report, unless notified to the contrary by the USAO. The contractor and its employees and subcontractors will protect the information and treat it as strictly confidential.

In the performance of services under this contract, the contractor, its employees and/or its subcontractors may be required to perform operations, have access to, or handle data which contain sensitive, proprietary, or privacy information or data such as, but not limited to, review or an individuals’ tax records or medical records (such as patient files or prescription records) or materials containing individual tax or medical information (such as medical utilization reports from carriers, workers’ compensation claim files, personnel files, or court records which medical or tax reports).

The contractor agrees that the following additional safeguards apply to such information:

The contractor shall be responsible for safeguarding the information or data while under the control of or available to the contractor and to prevent it from being compromised, altered, damaged, lost, or improperly disseminated. The contractor shall use such information solely for purposes of the particular court case.

Access to any such information or document should be strictly limited to persons with a legitimate and compelling need for that information, such as support staff needed to assist in the preparation of testimony in person or by written report. The Contractor shall ensure that any such persons use such information solely or purposes of the particular case and protect the confidentiality of such information.

The contractor shall ensure that all records are maintained securely so that access is strictly limited. At the end of the contractor’s engagement in this matter, all copies of such records shall returned to the USAO.

All questions about these safeguards and the records which they cover shall be directed to the AUSA.

15JA0523Q00000112 Page 13 of 43

The confidentiality provisions of this contract shall survive any termination of this contract.

Conflict of Interest The contractor warrants that he/she is under no obligation to any other entity that in any way conflicts with this contract, that he/she is free to enter into this contract, and is under no obligation to consult for others in matters covered by this contract. The contractor shall not, during the term of this contract, perform consulting services for others in any related or similar cases within the scope of this contract but shall have the right to perform consulting services for others outside the scope of this contract.

If, for any reason, the USAO or the contractor determines that the contractor and/or an employee or subcontractor of the contractor faces a potential, perceived, or real conflict of interest, the USAO shall notify the contractor, or the contractor shall notify the USAO of the potential, perceived, or real conflict of interest and the contractor and/or contract employee or subcontractor shall cease all work on or reassign the task or proceed at the discretion of the USAO. At the USAO’s option, the contractor may provide an acceptable replacement.

Government Liability The United States, its agents, agencies, departments, employees, and/or contracting officials shall not be liable for any injury to the contractor, its subcontractors, agents, personnel, or damage to the contractor property unless the injury or damage is due to negligence on the USAO’s part and may be recoverable under the Federal Tort Claims Act.

Return of Records Upon termination of this contract, the contractor will deliver all records, notes, data or memorandum that was received from the USAO, and are in the contractor’s possession or under the contractor’s control and are the USAO's property or relates to the USAO's business. The contractor may properly destroy this material upon permission of the USAO.

Section G Contract Administration Data

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

a) TBD 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)

Contracting Officer(CO) The Contracting Officer for this contract is:

Charmella Ware Executive Office for US Attorneys 175 N Street NE Washington, DC 20002 Written communications shall make reference to the contract number and shall be emailed to charmella.ware@usdoj.gov or mailed to the above address.

15JA0523Q00000112 Page 14 of 43

4.0 INVOICING INSTRUCTIONS

4.1 Billable Hours

The Contractor shall only bill or invoice the USAO for employee hours actually spent performing work. As such, the USAO shall not be billed for any holidays, sick leave, vacation leave, training, lunch periods or other breaks, or any other hours not spent specifically performing USAO required work. All Contractor invoices shall include the appropriate employee time sheets that must support the hours being billed for that month.

4.2 Invoices

Invoicing shall be no more often than on a monthly basis.

A separate invoice shall be submitted for reimbursement of travel and any other reimbursable expenses, accompanied with receipts.

Invoices shall be submitted to: usamn.invoices@usdoj.gov and must include the following information:

• Contractor’s Name and Tax Identification Number

• Contractor’s Mailing Address

• Telephone Number

• Date of Invoice

• Invoice Number

• Purchase Order Number

• Description

• Itemization and price for all services delivered

• The date or period of time over which services were rendered

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

Prompt Payment Act - In accordance with the Federal Prompt Payment Act, the U.S. Attorney’s Office is authorized 30 days from the date on which a complete, correct invoice is received to make payment.

15JA0523Q00000112 Page 15 of 43

Section 3 - Contract Clauses

Clauses By Full Text

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days [60 days unless a different number of days is inserted] before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months (months) (years).

(End of clause)

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.908 & 52.203-17, and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

15JA0523Q00000112 Page 16 of 43

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically authorized within this contract, the Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract. The separation checklist must verify: (1) return of any Government-furnished equipment; (2) return or proper disposition of personally identifiable information (PII)[2], in paper or electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access to PII or other sensitive information.

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

Contractors must complete the separation checklist with the Contracting Officer or COR by returning all Government-furnished property including, but not limited to, computer equipment, media, credentials and passports, smart cards, mobile devices, Personal Identity Verification (PIV) cards, calling cards, and keys and terminating access to all user accounts and systems. Unless the Contracting Officer requests otherwise, the relevant Program Manager or other Key Personnel designated by the Contracting Officer or COR may facilitate the return of equipment.

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors who have access to PII as well as the creation, use, dissemination and/or destruction of PII at the outset of the employee’s work on the contract and every year thereafter. Training must include procedures on how to properly handle PII, including heightened security requirements for the transporting or transmission of sensitive PII, and reporting requirements for a suspected breach or loss of PII. These courses, along with more information about DOJ security and training requirements for Contractors, are available at https://www.justice.gov/jmd/learndoj. The Federal Information Security Modernization Act of 2014 (FISMA) requires all individuals accessing DOJ information to complete training on records management, cybersecurity awareness, and information system privacy awareness. Contractor employees are required to sign the “Privacy Rules of Behavior,” acknowledging and agreeing to abide by privacy law, policy, and certain privacy safeguards, prior to accessing DOJ information. These Rules of Behavior are made available to all new users of DOJ’s computer network and to trainees at the conclusion of DOJ-OPCL-

CS-0005.

The Contractor should maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required privacy and cybersecurity training.

15JA0523Q00000112 Page 17 of 43

(2) Safeguarding PII Requirements

Contractor employees must comply with DOJ Order 0904 and other guidance published to the publicly-available Office of Privacy and Civil Liberties (OPCL) Resources page[3] relating to the safeguarding of PII, including the use of additional controls to safeguard sensitive PII (e.g., the encryption of sensitive PII). This requirement flows down from the Prime Contractor to all Subcontractors and lower tiered subcontracts.

(3) Non-Disclosure Agreement Requirement

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

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

and

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

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

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

The Contractor’s invoicing, billing, and other financial or administrative records or databases is not authorized to regularly store or include any sensitive PII or other confidential government information that is created, obtained, or provided during the performance of the contract without the written permission of the Senior Component Official for Privacy (SCOP). It is acceptable to list the names, titles and contact information for the Contracting Officer, COR, or other personnel associated with the administration of the contract in the invoices as needed.

(5) Reporting Actual or Suspected Data Breach

Contractors must report any actual or suspected breach of PII within one hour of discovery.[4] A “breach” is an incident or occurrence that involves the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where: (1) a person other than an authorized user accesses or potentially accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose. The report of a breach must be made to DOJ. The Contractor must cooperate with DOJ’s inquiry into the incident and efforts to minimize risks to DOJ or individuals, including remediating any harm to potential victims.

(a) The Contractor must develop and maintain an internal process by which its employees and Subcontractors are trained to identify and report the breach, consistent with DOJ Instruction 0900.00.01[5], Reporting and Response Procedures for a Breach of Personally Identifiable Information.

(b) The Contractor must report any such breach by its employees or Subcontractors to the DOJ Security Operations Center (dojcert@usdoj.gov, 202-357-7000); Component-level Security Operations Center and Component-level Management Team, where appropriate; the COR; and the Contracting Officer within one (1) hour of the initial discovery.

(c) The Contractor must provide a written report to the DOJ Security Operations Center (dojcert@usdoj.gov, 202-357-7000) within 24 hours of discovery of the breach by its employees or Subcontractors. The report must contain the following information:

(i) Narrative or detailed description of the events surrounding the suspected loss or compromise of information.[6] Date, time, and location of the incident.

(ii) Amount, type, and sensitivity of information that may have been lost or compromised, accessed without authorization, etc.

(iii) Contractor’s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment.[7]

15JA0523Q00000112 Page 18 of 43

(iv) Names and classification of person(s) involved, including victim, Contractor employee/Subcontractor and any witnesses.

(v) Cause of the incident and whether the company’s security plan was followed and, if not, which specific provisions were not followed.[8]

(vi) Actions that have been or will be taken to minimize damage and/or mitigate further compromise.

(vii) Recommendations to prevent similar situations in the future, including whether the security plan needs to be modified in any way and whether additional training may be required.

(d) The Contractor shall provide full access and cooperation for all activities determined by the Government to be required to ensure an effective incident response, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents.

(e) At the Government’s discretion, Contractor employees or Subcontractor employees may be identified as no longer eligible to access PII or to work on that contract based on their actions related to the loss or compromise of PII.

(6) Victim Remediation

At DOJ’s request, the Contractor is responsible for notifying victims and providing victim remediation services in the event of a breach of PII held by the Contractor, its agents, or its Subcontractors, under this contract. Victim remediation services shall include at least 18 months of credit monitoring and, for serious or large incidents as determined by the Government, call center help desk services for the individuals whose PII was lost or compromised. When DOJ requests notification, the Department Chief Privacy and Civil Liberties Officer and SCOP will direct the Contractor on the method and content of such notification to be sent to individuals whose PII was breached. By performing this work, the Contractor agrees to full cooperation in the event of a breach. The Contractor should be self-insured to the extent necessary to handle any reasonably foreseeable breach, with another source of income, to fully cover the costs of breach response, including but not limited to victim remediation.

C. Government Records Training, Ownership, and Management

(1) Records Management Training and Compliance

(a) The Contractor must ensure that all employees and Subcontractors that have access to PII as well as to those involved in the creation, use, dissemination and/or destruction of PII take the DOJ Records and Information Training for New Employees (RIM) training course or another training approved by the Contracting Officer or COR. This training will be provided at the outset of the Subcontractor’s/employee’s work on the contract and every year thereafter. The Contractor shall maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required records management training.

(b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records containing PII and those covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion.

(2) Records Creation, Ownership, and Disposition

(a) The Contractor shall not create or maintain any records not specifically tied to or authorized by the contract using Government IT equipment and/or Government records or that contain Government Agency information. The Contractor shall certify, in writing, the appropriate disposition or return of all Government information at the conclusion of the contract or at a time otherwise specified in the contract. In accordance with 36 CFR 1222.32, the Contractor shall maintain and manage all Federal records created in the course of performing the contract in accordance with Federal law. Records may not be removed from the legal custody of DOJ or destroyed except in accordance with the provisions of the agency records schedules.

(b) Except as stated in the Performance Work Statement and, where applicable, the…