15JA0524Q00000055.pdf

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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

15JA0524Q00000055

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/02/2024

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

05/17/2024 13:00 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

X 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

15JA33CODE15. DELIVER TO

U.S. Attorneys Office Western District of Kentucky 717 West Broadway Louisville, KY 40202

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

15JA33CODE18a. PAYMENT WILL BE MADE BY

U.S. Attorneys Office Western District of Kentucky 717 West Broadway Louisville, KY 40202

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

Contractor Support Services (health care fraud investigator) to the U.S. Attorney's Office of the Western District of Kentucky Performance Period shall be June 01, 2024 through May 31, 2025 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

05/02/2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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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

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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 DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) 52.232-7 Payments under Time-and-Materials and Labor Hour Contracts (Nov 2021) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Feb 2024) 52.217-8 Option to Extend Services (Nov 1999) 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) DOJ-03 Alt I Personnel Security Requirements For Contractor Employees (Nov 2021); (Alt. I) -- Classified Information -- Cleared Contractors

4 List of Attachments 5 Solicitation Provisions

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

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0001 Healthcare fraud investigator

PSC: R499

Line Period of Performance: 06/01/2024 - 05/31/2025

Base Period

1,960 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0002 Travel

PSC: R499

Line Period of Performance: 06/01/2024 - 05/31/2025

Base Period

1 LT $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1001 Healthcare fraud investigator

PSC: R499

Line Period of Performance: 06/01/2025 - 05/31/2026

Option Period

1,960 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1002 Travel

PSC: R499

Line Period of Performance: 06/01/2025 - 05/31/2026

Option Period

1 LT $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

2001 Healthcare fraud investigator

PSC: R499

Line Period of Performance: 06/01/2026 - 05/31/2027

Option Period

1,960 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

2002 Travel

PSC: R499

Line Period of Performance: 06/01/2026 - 05/31/2027

Option Period

1 LT $________ $________$________$_________________

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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3001 Healthcare fraud investigator

PSC: R499

Line Period of Performance: 06/01/2027 - 05/31/2028

Option Period

1,960 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3002 Travel

PSC: R499

Line Period of Performance: 06/01/2027 - 05/31/2028

Option Period

1 LT $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4001 Healthcare fraud investigator

PSC: R499

Line Period of Performance: 06/01/2028 - 05/31/2029

Option Period

1,960 HR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4002 Travel

PSC: R499

Line Period of Performance: 06/01/2028 - 05/31/2029

Option Period

1 LT $________ $________$________$_________________

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:

• the prosecution of criminal cases brought by the Federal Government;

• the prosecution and defense of criminal cases in which the United States is a party; and

• the collection of debts owed the Federal Government which is 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

15JA0524Q00000055 Page 6 of 51 the use of his/her resources to further the priorities of the local jurisdictions and needs of their communities.

The Attorney General’s Advisory Committee, Executive Office for the United States Attorneys, has approved funding for contract HCF Investigators for several USAO’s, including the Western District of Kentucky (WDKY) located at 717 W. Broadway, Louisville, Kentucky 40202. The requested HCF Investigator for WDKY will be assigned primarily to work on criminal and civil (parallel) health care fraud investigations.

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 three one-year options as follows:

Base Year: 06/01/2024 – 05/31/2025 Option Year 1: 06/01/2025 – 05/31/2026 Option Year 2: 06/01/2026 – 05/31/2027 Option Year 3: 06/01/2027 – 05/31/2028 Option Year 4: 06/01/2028 – 05/31/2029

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) with fixed hourly rates. 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

C.1 LAW CLERK/ATTORNEY

C.1.1 GENERAL SCOPE

Contractor is an Independent Contractor and is not an employee of the USAO. The Independent Contractor is not considered a member of law enforcement and has no law enforcement authority.

The Independent Contractor will not be authorized to conduct law enforcement activities including arrest, search, seizure, or use of a weapon in carrying out any assigned tasks. The Independent Contractor serves as a Health Care Fraud Investigator tasked with conducting thorough and systematic investigations of potential health care fraud violations relating to criminal actions, criminal and civil parallel actions, or administrative actions. Assigned tasks are handled independently, as lead investigator, or as a team member.

The USAO will not withhold any income or other taxes from any payments to the contractor.

Contractor is responsible for paying all applicable state, federal and local income taxes. The USAO does not provide worker’s compensation or unemployment insurance for the contractor. As an Independent Contractor, contractor is not eligible for and has no claim to medical benefits, vacation pay, sick pay, or other benefits offered by the USAO to its employees.

2.1 Investigator Duties

Based on cases or broad legal issues assigned to one or more Assistant United States Attorneys (AUSAs) and at the AUSA’s direction, the incumbent assists in the investigations of criminal, civil (parallel), or administrative matters specializing in Healthcare Fraud. Cases may concern sensitive matters, involve prominent individuals, organizations or corporations within a U.S.

Attorney’s district; involve issues cutting across jurisdictional lines; and often are characterized by obscure leads, few visible records, uncooperative witnesses, and/or conflicting evidence.

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Investigations may be conducted solely by the USAO, or more typically, in conjunction with other federal and/or state or local agencies responsible for programs supported by federal funding. These federal agencies include, but are not limited to, the Federal Bureau of Investigation (FBI), the Department of Health and Human Services (HHS), the Drug Enforcement Administration (DEA), the Office of Personnel Management (OPM), the U.S.

Postal Inspection Service (USPIS), the Department of Labor (DOL), and/or the Security and Exchange Commission (SEC).

The investigator:

# Assists AUSAs in developing an investigative plan in all cases and matters assigned and ensure that investigative goals are clearly stated and met.

# Working with the assigned AUSAs and/or supervisory attorneys, determines applicable criminal law, and identifies possible violations or causes of action.

# Develops an understanding of all applicable federal, state, or local laws to the extent necessary to make sound decisions on direction and scope of investigations. Determines proof required to assist in affixing legal responsibility for litigation, and devises methods for obtaining, preserving, and presenting evidence to greatest effect.

# Assists AUSAs in deciding the most efficacious methods for planning, scheduling, and conducting investigations, and identifies any resources that may be required.

# Assists AUSAs with audit and financial investigations, typically involving one or more violators who are highly successful, professional, or recognized community business leaders;

or financial entities having substantial business operations outside the immediate locality with a large number of activities, operations, and transactions whose interrelationships are difficult to establish;

# Effects financial accounting examination of the books, records, computer tapes, data processing material, and activities of persons subject to investigation, including contractors.

In the absence of records, obtains detailed financial information from other sources to include interview of business associates, firm employees, and competitors. Reconstructs partial or inadequate records are to the extent necessary for the purpose of investigation.

# Obtains evidence through the interrogation of a large number of employees, business people, and other persons throughout the area who have knowledge of the operations.

# Prepares concise and accurate audit reports, including criminal reference reports involving assembling, correlating, and analyzing the facts obtained and prepares detailed charts and schedules as necessary.

# Assists AUSAs with conducting conferences and interviews with members, officers, directors, and representatives of financial institutions, law enforcement agents of the state and city governments and other branches of the Federal government, Certified Public Accountants, and attorneys.

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2.2 The investigator:

Performs a variety of ancillary investigation-related services in direct support of litigation.

Support activities include one or more of the following:

# Initiates contacts with federal, state, and local officials, and other organizations and individuals related to the subject of investigation, for the purpose of gathering facts, obtaining statements, learning sequences of events, obtaining explanations and otherwise advancing investigative objectives. Examines books, ledgers, payrolls, cost reports, billing statements, invoices, correspondence, computer data, and other records pertaining to the transactions, events, or allegations under investigation. Establishes and/or verifies relationships among all facts and evidence obtained or presented to confirm authenticity of documents, corroborate witness statements, and otherwise build proof necessary for successful litigation.

# Utilizes laboratories and other forensic services to identify handwriting, fingerprints, questioned documents and substances, sound and video recordings, and other physical evidence. Arranges for secure storage, preservation, organization, and indexing of voluminous documentary evidence.

# Conducts in-person and/or telephonic interviews of witnesses. Identifies the need for service of warrants and subpoenas, and secures participation of appropriate law enforcement agents in executions of same. Types hand scribed notes from interview discussions.

# Coordinates surveillance of suspects with appropriate law enforcement/investigative agencies. Occasional surveillance activities personally performed occur in locations that are open and accessible to the public where there is little or no risk of physical harm to incumbent or others. The incumbent does not have arrest authority nor is authorized the use of deadly force. “Undercover” work characteristically does not involve physical interaction with the subject or target of a criminal investigation.

# Prepares interim and final reports on progress of investigations for use by AUSAs and supervisory attorneys. Includes significant findings and conclusions, recommendations for additional investigative actions, and candid assessments of strengths and weaknesses of witnesses, documentary evidence, or other aspects of case.

# Assists in compilation of documents and physical evidence, and creation of charts, graphs, videotapes, and other audio-visual materials for use by AUSAs in motions and at trial. Provides advice to AUSAs on selection of witnesses and ensures their attendance through subpoena or otherwise. Testifies in court regarding investigations, as required.

# Performs other related duties as assigned.

3.0 BASIC QUALIFICATIONS FOR INVESTIGATOR

The HCF Investigator must have:

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• Bachelors Degree or higher.

• At least ten years of federal law enforcement experience.

• At least five years of federal health care fraud investigative experience in a similar position.

• At least five years of forensic accounting experience.

• Resume containing sufficient written narrative demonstrating experience and expertise in performing the requirements as identified in Sections 2.0, 2.1, and 2.2.

3 Pages Maximum for resume

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

• U.S. Citizenship.

4.0 GOVERNMENT FURNISHED EQUIPMENT AND RESOURCES

The USAO will provide the Independent Contractor with access to the government’s facility, office space, computer access, telephone, facsimile machines, copies, supplies, office vehicle (GOV) when available, and other general office equipment necessary to perform the requested work. Use of the GOV will be the preferred method of transportation. The Independent Contractor is prohibited from using any personal computer equipment. The investigator will be provided access and passwords to various databases which may include Lexis/Nexis, Accurint, AutotrackXP, Westlaw, Credit Bureau Reports, and PACER. The USAO will provide the investigator with access to sensitive financial information for pre-judgment and post-judgment cases in the same manner as an employee at the USAO.

5.0 WORK LOCATION AND PERIOD OF PERFORMANCE

5.1 Office Location

Performance will be primarily at the U.S. Attorney’s Headquarters Office, Criminal Division, 717 W. Broadway, Louisville, KY 40202. Travel within the district is required on a frequent basis. Allowable travel expenses will be reimbursed as described in more detail in Section 5.0.

5.2 Working Hours and Holidays

1. The USAO’s business hours are between 8:30 a.m. and 5:00 p.m., Monday through Friday. The

Independent Contractor will have access to the office during these hours. Working hours outside normal hours must have the written advance approval of the Contracting Officer’s Representative (COR).

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

New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving, and Christmas Day, and any other Federal holidays declared by Executive Order.

5.3 Period of Performance

The base period of performance shall be 12 months (1960 Hours), which begins when the contractor comes on board.

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Option 1, if exercised, shall be for 12 months (1960 Hours), which will begin the day after the base period ends, and is contingent on funding availability at that time, as well as all other option years.

6.0 TRAVEL

The contractor may travel frequently within the district which will generally entail review of records at a Courthouse, surveillance, or interviews. On occasion, travel may be required to the National Advocacy Center (NAC) located in Columbia, South Carolina, to attend training related to HCF investigations.

All travel shall be pre-approved by the Division Chief and the Criminal Health Care Fraud Coordinator, 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. Except for meals and incidental expenses, all travel shall be reimbursed at the actual expense rate. Indirect costs associated with travel expenses shall not be reimbursed. Contractors shall obtain government rates whenever available. When government rates are not available, the Contractor shall so indicate on their travel invoice and shall use the most effective and inexpensive means of travel available.

Use of the GOV will be the preferred method of travel rather than a personally owned vehicle (POV).

Use of a POV for work-related travel is subject to approval by the USAO.

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, rental of meeting room space, etc.

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

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

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.

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7.0 SECURITY REQUIREMENTS

The Independent Contractor will be required to have favorably completed “sensitive” security clearance (BI) (PSL 6-High Risk). This process will include a background check, credit history check and a drug screening.

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

Upon termination of this Agreement, the Consultant shall return the USAO-provided equipment to the USAO via FedEx Secure Shipping procedures provided by the USAO. All hard copies of documents in the Consultant’s possession or under the Consultant’s control that are the USAO’s property or that are related to the USAO’s business, including but not limited to records, notes, memorandums, and other data, must be returned to the USAO via FedEx Secure Shipping procedures provided by the USAO or be properly destroyed upon receiving permission of the USAO. (Certification of destruction must be provided to USAO).

8.0 INVOICES

8.1 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, lunch periods or other breaks, or any other hours not spent specifically performing USAO required work. All Contractor invoices shall include the appropriate time sheets that must support the hours being billed for that month.

8.2 Invoices

Invoicing shall be no more often than on a monthly basis. The invoice for labor shall include regular labor hours.

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

8.3 Invoices shall be submitted to:

U.S. Attorney’s Office Western District of KY

Attn: Contracting Officer & Admin Officer 717 W. Broadway Louisville, KY 40202

8.4 Invoices shall be submitted with the following information:

• Contractor’s Name and Tax Identification Number

• Contractor’s Mailing Address

• Telephone Number

• Date of Invoice

• Invoice Number

• Purchase Order Number

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• Description

• Itemization and price for all services delivered

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

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

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

F.1 Period of Performance:

Base Year: 06/01/2024 - 05/31/2025, plus (4) option years.

F.2 Place of Performance:

Western District of Kentucy 717 W. Broadway Louisville, KY 40202 F.3 Operational Hours:

Work will be performed on a full time (40 hours per week) basis over a five-day workweek, during normal business hours. This is with Federal holidays provided in accordance with the Service Contract Act. Some evening and weekend work may be required at times and must be approved and funded in advance.

List of holidays observed by the Government is as follows:

New Year's Day.

Martin Luther King's Birthday;

Presidents' Day;

Memorial Day;

Juneteenth;

Independence Day;

Labor Day;

Columbus Day;

Veteran's Day;

Thanksgiving Day;

Christmas Day The Contractor must establish a standard holiday schedule that exactly coincides with the Government's schedule for employees working on the Government site. Holidays and other non-workdays are not billable unless work is requested by the Government and performed on these days. No work shall be performed by Contractor personnel on Government facilities on Federal holidays or other non-workdays without prior approval. Work performed on holidays, weekends or other non-workdays shall be billable at regular approved rates. There are certain types of irregularly occurring circumstances that prompt the Government to close its offices where the Contractor personnel are working, either on a national or local basis (i.e., bomb threats, inclement weather, power outages, death of a national figure, or funding lapses). Contractor personnel shall not work if the Government is closed. Non-work due to the Government closing its facility is not an expense directly reimbursable to the Contractor. However, in those rare instances when the Government operations are curtailed for the balance of a workday that has already commenced, the Contractor may bill for the balance of the scheduled workday with the written acknowledgment and final approval of the Contracting Officer.

Contractor personnel will not be paid by the Department of Justice for times when, prior to the employee arriving at the workplace, 15JA0524Q00000055 Page 13 of 51 the operations of the Federal agency have been shut down or curtailed due to unusually severe weather, other Acts of God, budgetary reasons, or other unforeseeable circumstances. The Contractor’s Management Plan shall address how the contract employees will be compensated during these periods of time.

F.4 Overtime:

Overtime must have prior approval from the authorized Caller in advance and when funding is available for emergency situations.

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 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.

Payment/Invoice Requirements Payment for actual work and services rendered under this contract will be made in accordance with the Prompt Payment Act.

A. Invoices (for other than travel) shall be submitted monthly by email to COR in accordance with FAR 52.212-4(g). Invoices shall round the billable hours to the nearest quarter hour and state the partial hourly rate being applied. The Government will not pay for services not yet received, accepted or pre-approved, as applicable.

B. The Contractor Firm (also referred to herein as the "Contractor") shall prepare and deliver with the invoice, weekly activity reports which detail daily tasks completed and program related activities. Activity reports can be requested more frequently from the Contracting Officer.

C. Invoices for travel shall be submitted separately within seven (7) days of travel with required receipts/documentation.

D. Invoices shall be submitted, via email and/or hard copy to: U.S. Attorney’s Office Western District Attn: COR & Admin Officer 717 W. Broadway Louisville, KY 40202 In addition, the following information must appear on the invoice:

• Name and address of the Contractor

• Invoice date

• Contract Number

• Period covered by invoice

• CLIN number and description, quantity, unit price and extended total for the period covered

• Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment)

• Taxpayer Identification Number (TIN)

• Copy of the Employees' time records Invoices shall be submitted to the COR at the address shown in Section G. All follow-up invoices shall be marked “Duplicate of Original.”Invoices that are not properly submitted, or that contain incorrect data, shall be returned for revision.

Accounting and Appropriation Data is assigned with order

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Section 3 - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.232-7 Payments under Time-and-Materials and Labor Hour

Contracts (Nov 2021)

(h)(2): "[Contracting Officer insert day as prescribed by agency head; if not prescribed, insert 30th]"

Clauses By Full Text

DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023)

I. Applicability to Contractors and Subcontractors Section 2839.102 of the Justice Acquisition Regulation (JAR), (48 C.F.R. § 2839.102), applies to this contract. Accordingly, all contractors are obligated to comply with all applicable DOJ security policies, directives, or guidance documents, including the security requirements in the provisions in this contract clause. This contract clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of the contractors and subcontractors (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. The security requirements set forth herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), and any other applicable laws, mandates, contract clauses, DOJ policies, directives or guidance documents and Executive Orders pertaining to the development and operation of Information Systems and/or the protection of Government Information. This clause does not alter or diminish any existing rights, obligations, 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. Authorization to Operate (“ATO”), as defined in National Institute of Standards and Technology (“NIST”) Special Publication (“SP”) 800-37 Revision 2, is the official management decision given by a senior Federal official or officials to authorize operation of an information system and to explicitly accept the risk to agency operations (including mission, functions, image, or reputation), agency assets, individuals, other organizations, and the Nation based on the implementation of an agreed-upon set of security and privacy controls.

B. Cloud Computing, as defined in DOJ Order 0904 Cybersecurity Program, is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This cloud model is composed of five essential characteristics, three service models, and four deployment models in accordance with NIST SP 800-145.

C. Covered Contract is any contract, order or other agreement under which the contractor, or a subcontractor at any tier, including a cloud service provider, may access, collect, store, process, maintain, use, share, retrieve, 15JA0524Q00000055 Page 15 of 51 disseminate, transmit, or dispose of DOJ Information (as defined below) in the course of providing a product or service to the Department, with the exception of acquisitions under the micro-purchase threshold.

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

E. Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data, computer software, and personally identifiable information (PII) (defined below). The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

F. DOJ Information, as defined in DOJ Order 0904, 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 the Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired to perform the contract.

G. Information, as defined in DOJ Order 0904, is 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. This includes any communication or representation of knowledge in an electronic format that allows it to be stored, retrieved, or transmitted.

H. Information System, means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502(8)).

I. Personally Identifiable Information (“PII”), as defined in the FAR 24.101, means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. It includes but is not limited to common data elements such as names, addresses, dates of birth, and places of employment, to identity documents, Social Security numbers or other government-issued identifiers, precise location information, medical history, and biometric records.

This definition covers all PII that is created by or becomes available to the contractor, including its employees, subcontractors, or affiliates, as a result of performing under this contract. PII, as supplementally defined in DOJ Order 0904, also includes 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.

J. Private Cloud, as defined in NIST SP 800-145, is the deployment model for cloud infrastructure provisioned for exclusive use by a single organization comprising multiple consumers (e.g., business units). It may be owned, managed, and operated by the organization, a third party, or some combination of them, and it may exist on or off premises.

K. Security Breach means any security incident (as defined below) that directly relates to the loss of control, compromise, exfiltration, manipulation, unauthorized disclosure, unauthorized acquisition, unauthorized exposure or unauthorized access or any similar occurrence of any Covered Information System or any DOJ Information or any PII accessed by, retrievable from, processed by, stored on, or transmitted within, to or from any such system. This includes incidents where (1) a person other than an authorized user accesses or potentially accesses PII or DOJ Information or (2) an authorized user accesses or potentially accesses PII or DOJ Information for an unauthorized purpose.

a. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed security breach (as defined above).

b. Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed security breach (as defined above).

L. Security Incident means any occurrence that (1) may actually or imminently jeopardize, without lawful authority, the availability, integrity, authentication, confidentiality, or nonrepudiation of DOJ Information or a Covered Information System; or (2) may constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.

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a. Potential Security Incident means any suspected, but unconfirmed security incident (as defined above).

b. Confirmed Security Incident means any confirmed security incident (as defined above).

M. Vulnerability, as defined in DOJ Vulnerability Management Plan, and the OCIO Information Security Management Procedure, means a weakness or flaw discovered in the design of a system that, when exploited, may result in a loss of confidentially, integrity, or availability of DOJ Information or an Information System.

III. Confidentiality and Non-Disclosure of DOJ Information A. Preliminary and final contract deliverables and all associated working papers and material generated by the Contractor developed using DOJ Information, product, source code, and/or methods of operations, 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 (Rights in Data-General). The Contractor will define a method of monitoring the development activity to include any activity associated with DOJ Information, product, source code, and methods of operations. The data rights and development details shall be defined within the Contract.

If the Contractor intends to utilize its existing data, for which it has a patent or copyright, to develop a contract deliverable, it is incumbent upon the Contractor to negotiate with the CO the proper FAR Part 27 clauses in the contract to protect its existing data.

B. Pursuant to FAR 52.227-14(d)(2), all documents and data produced in the performance of this contract containing DOJ Information, product code, source code, and/or methods of operations are the property of the U.S. Government and, without the prior written permission of the CO, the Contractor shall neither reproduce nor release such information to any third-party at any time, including during performance or following expiration and/ or termination of the contract.

C. Any DOJ Information made available to the 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, the Contractor assumes responsibility for the protection of the confidentiality of all DOJ Information processed, stored, or transmitted by the Contractor. The Contractor shall comply with information security responsibilities and duties throughout the contract and after expiration/termination as appropriate per contract close-out activities. When requested by the CO (typically no more than annually), the Contractor shall provide a report to the CO identifying, to the best of the 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, in addition to any other applicable requirements, as set forth in Part I, the Contractor shall comply with the security requirements of the Federal Information Security Modernization 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, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards as amended, and OMB Memoranda relating to the security of information and/or Federal Information Systems.

B. In addition, for all Covered Information Systems, the Contractor shall comply with the following requirements, which are listed here only to highlight certain specific applicable requirements from one of the sources identified in the first paragraph of this Section. This is not an exhaustive list of all such requirements with which the Contractor is obligated to comply, and the omission of a requirement from this list should not be construed as negating the materiality of that requirement. These requirements and those in the authorities in the prior paragraph should be read together.

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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 at least annually to all Contractor employees and contractors involved with the Covered Contract. Such training shall include, but not be 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, in accordance with applicable requirements but in any event at least until the expiration of the contract, 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, to include but not be limited to, collecting, reviewing, and analyzing appropriate logs and timely investigating security alerts and potential security incidents.

6. Establishing and maintaining baseline configurations and current 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 Covered 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 as defined by NIST 800-63-3, Digital Identity Guidelines or current revision.

9. Establishing and maintaining an operational incident handling capability for Covered Information Systems that includes adequate and timely development, logging, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and timely reporting incidents to appropriate officials and authorities within the 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. Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media, and DOJ assets under Contractor control; protecting them from environmental impacts, access, and equipment positioning requirements defined; 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.

12. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized personnel according to DOJ 03.

13. Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Security standards including personnel background checks.

14. Continuously assessing the risk to DOJ Information in Covered Information Systems, including scanning and remediating vulnerabilities, or implementing appropriate mitigation in accordance with DOJ policy, and ensuring the timely removal of assets no longer supported by the Contractor.

15. Continuously monitoring the application of security controls of Covered Information Systems, assessing the efficacy of such controls, and developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Covered Information Systems.

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

17. Identifying, reporting, and correcting Covered Information System security flaws in a timely manner, providing protection from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate and timely action in response.

18. Ensuring return of Government Furnished…