Mod RQS 15JA0525Q00000076 P00001.pdf

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 11

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

15JA05CODE

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

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15JA0525Q00000076

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

07/10/2025

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The Statement of Work has been modified to include updated Minimum Security Requirements for Contractor Personnel in #3 of section EOUSA Contract Requirements as well as the Local Clause AI-10-1f, Security Requirements for Classified Contract (May 2016) added to the solicitation terms and conditions.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Spencer M Kroner Contracting Officer

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

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Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

EOUSA AI-10-1F Security Requirements for Classified Contract (May 2016) 3 Contract Clauses 4 List of Attachments 5 Solicitation Provisions

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Section 2 - Commodity or Services Schedule

Grand Jury and/or Deposition Court Reporting Services for the U.S. Attorney's Office, Southern District of New York Location: New York City and White Plains Period of Performance: 8/1/2025 -7/31/2030

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

Questions due to the Contracting Officer NLT 7/17/2025, 4:00 p.m. EST, via email spencer.kroner@usdoj.gov

Clause EOUSA AI-10-1F Security Requirements for Classified Contract (May 2016) was added or modified.

EOUSA AI-10-1F Security Requirements for Classified Contract (May 2016)

Security Requirements for Classified Contract (May 2016)

H.1 Security Requirements- Classified Contract

(a) The work to be performed under this contract will involve access to classified information [National Security Information (NSI)] as well as access to unclassified information.All references to “contract (or) personnel” and “contract employee” in this clause include all individuals that will perform under the contract, including individuals employed by the Contractor, team member, subcontractor, consultant, and or/ independent contractor.

(b) The contractor shall comply with the National Industrial Security Program Operating Manual (NISPOM) for all work performed under this contract that involves access to classified information.

(c) Duplication or disclosure of the data and other information (classified and unclassified) to which the Contractor may have access as a result of this contract is prohibited by Public Law and is subject to criminal penalties.

H.1.1 Contractor Personnel

(a) The type of security investigation required will be governed by the type of information made available to Contractor personnel. Contractor personnel that require access to classified information will be processed through the National Industrial Security Program (NISP). Contractor personnel that require access to unclassified information will be subject to a Public Trust Investigation (PTI). Expect where specifically noted otherwise (e.g., H.1.1.2.4 (A)), the Government will be responsible for conducting the investigation and the cost of the investigation.

All investigations will be conducted in accordance with applicable Executive Orders, DOJ Orders, Office of Personnel Management (OPM) guidance, Homeland Security Presidential Directive 12 (HSPD-12), And Federal Information Processing Standard Publication 201 (FIPS 201)

(b) PTI certification will be accepted from other Federal agencies provided the investigation performed by the other agency meets or exceeds DOJ requirements.

(c) The Contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the COR and Security Programs Manager (SPM), have received the requisite NSI Clearance or PTI security approval.

(d) During the life of the contract, the Contractor shall ensure that no contract employee commences performance hereunder prior to receipt of a written authorization from Contraction Officer, the COTR, or the SPM.

H.1.1.1 Access to Classified Information

(a) The Contractor shall possess or be capable of obtaining a Defense Industrial Security Clearance Office (disco) Defense Industrial Security Clearance Facility Code and a Top Secret/Secret [SELECT TS OR S] Facility

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Clearance to fully perform this contract. As directed by the COR and SPM, the Contractor shall submit the information necessary to allow the Government to prepare and obtain for the Contractor a “Department of Defense Contract Security Classification Specification” (DD Form 254) for this contract. Where such clearance is required, the Contractor agrees to provide information and access to Contractor facilities as may be required by Government investigations.

(b) Immediately after contract award (or receipt of the required Facility Clearance), the Contractors Facility Security Officer (FSO) shall furnish to the COR a list of all personnel proposed to work under this contract who have been processed through the NISP by the Defense Security Service (DSS). The Contractor shall update this information as individuals are added or deleted from the contract and the FSO shall provide the updated list to the

COR.

(c) For each contract employee that requires access to classified information under this contract, the Contractor shall forward a Visit Authorization Request (VAR) or a copy of the Joint Personnel Adjudication System (JPAS) Personnel Summary printout indicating the current background investigation information and clearance level.

H.1.1.2 Access to Unclassified Information

Note: Contractor personnel that have a currently active, approved NSI clearance will not be processed for a Public Trust Investigation (PTI) if the current investigation meets the investigative requirements for the risk level of the position to be occupied under this DOJ contract.

(a) Contractor personnel only requiring access to unclassified information will fall under the following categories:

(1) High Risk. High risk positions are those positions that have the potential for exceptionally serious impact on the integrity and efficiency of DOJ and involve duties especially critical to the DOJ or a program mission with broad scope of policy of policy or program authority.

(2) Moderate Risk. Moderate risk positions are those positions that have the potential for moderate to serious impact on the integrity and efficiency of the DOJ. Duties involved are very important to the DOJ or program mission with significant program responsibility or delivery of services.

(3) Low Risk. Low Risk positions are those positions that have limited potential for adversely affecting the national security operations of the Department.

H.1.1.2.1 Pre-Appointment Background Investigations and Waivers

(a) Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this contract. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, a pre-appointment background investigation waiver can be granted by the SPM, in consultation with the cognizant COR. The extent of the background investigation will vary depending upon the Risk Category associated with each position and whether each position is long- or short-term. Short-term is defined as contract employees having access to Federally-controlled information systems and/or unescorted access to Federally-controlled facilities or space for six months or fewer. The requisite background investigation does not need to be initiated for short-term positions part of the pre employment waiver except in the case of non-U.S. citizen contract employees.

However, long-term contract employees requiring unescorted access to Federally-controlled facilities and/or access to any Federally-controlled information system shall be subject to the requisite background investigations described below. A waiver will be disapproved if it develops derogatory information that cannot be resolved in the contract employee's favor.

When a waiver has been disapproved, the COR, in consultation with the SPM, will determine (1) whether the contract employee will no longer be considered for work on a DOJ contract or (2) whether to wait for the completion and favorable adjudication of the background investigation before the contract employee commences work on a Department contract.

The minimum pre-appointment investigative requirements are as follows:

(1) High Risk Positions. The minimum background investigation required is a five year scope Background Investigation (BI), and the five year reinvestigation required is an Access National Agency Check with Inquires (ANACI). The Standard Form (SF) 85P, Questionnaire for Public Trust Positions, is required.

(2) Moderate Risk Positions. The minimum background investigation required is a Minimum Background Investigation (MBI) for “moderate” impact on the integrity and efficiency of the DOJ or Limited Background Investigation (LBI) for “serious” impact potential on the DOJ’s integrity and efficiency. The five year reinvestigation required is a National Agency with Law and Credit (NACLC). The SF-85P is required.

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(3) Low Risk/ Non- Sensitive Positions. The minimum background investigations required for Low Risk/ Non- Sensitive positions is a National Agency Check with Written Inquires (NACI) and the required five year reinvestigation is also a NACI. The SF-85, Questionnaire for Non-Sensitive for Non-Sensitive Positions, is required.

(a) The pre-appointment background investigation waiver requirements include:

(1) Favorable review of the security questionnaire form

(2) Favorable FBI fingerprint results;

(3) Verification of citizenship (copy of a birth certificate, Naturalization Certificate, or U.S. Passport);

(4) Verification of compliance with the DOJ residency requirement;

(5) Favorable credit report for contract personnel in High Risk and Moderate Risk positions; and ,

(6) Verification of the initiation of the appropriate background investigation for long-term Contractor personnel.

H.1.1.2.2 Required Security Forms

(a) The following forms must be completed and submitted by the Contractor’s Corporate Security Officer for each contract employee PTI:

(1) FD- 258 Applicant Fingerprint Card. Two sets are required per applicant. The Contractor may schedule appointments with the SPM to be digitally fingerprinted; otherwise, fingerprinting by the FBI is required. All pertinent information must be completed by the individual taking the prints or by the FBI if prints are taken there.

(2) SF-85 Questionnaire FOR Non0Sensitive Positions-or- SF85P Questionnaire for Public Trust Positions. The contract employee shall complete the SF-85/ SF-85P via the Electronic Security Questionnaires for Investigations Processing (e-QIP) System after first obtaining access to e-QIP from the SPM (see paragraph ( c) below). The Contractor shall also submit a hard copy of the form (as completed and signed by the contract employee) with the remainder of the security package.

(3) DOJ-555 Fair Credit Reporting Act Disclosure. Authorizes DOJ to obtain one or more consumer/ credit reports on the individual. This is required for Contractor personnel in High Risk and Moderate Risk positions.

(4) Foreign National Relatives and Associates Statement. This is only required if any relatives listed on the SF-85/ SF-85P are foreign nationals.

(5) Confidentiality Agreement for Contractor and Subcontractor Employee. See Section H.2. For confidentiality requirements.

(b) The contractor shall also submit a credit report fort each individual designated at the High Risk or Moderate Risk level, and have resolved satisfactory and individual credit issues.

(c) Using e-QIP. Immediately after contact award, the Contractor shall designate an employee as its “e-QIP Imitator” and provide the name of this person to the COR. The e-QIP Initiator must have, at a minimum, a favorably adjudication MBI and the appropriate DOJ security approval before being given access to e-QIP. After the e-QIP Initiator’s security approval is granted, the Contractor will be configured in e-QIP as sub-agency top DOJ. The Contractor will then be responsible for initiating all contract personnel in e-QIP for completion of the security questionnaire form and forwarding the electronic form along with ta hard copy of the form (as completed and signed by the contract employee) with the reminder of the security package to the designated DOJ representative. Subject to the prior approval of the SPM, the Contractor may designate an e-QIP Initiator for each subcontractor. Subcontractor e-QIP Initiators must have, at a minimum, a favorably adjudicated MBI and the appropriate DOJ security approval before being given access to e--QIP.

H.1.1.2.3 Citizenship and Residency Requirements

(a) Residency Requirement. Contract employees, both Unites States (U.S.) citizens and non- U.S.

citizens, must meet the Department’s Residency Requirement, i.e., he/ she must have lived in the U.S. three of the last five years immediately prior to employment under the Department contract; and/ or worked for the U.S. overseas in a Federal or military capacity; and / or be a dependent residency requirement may be waived by the Department Security Officer (DSO) on a case- by-case basis where justified by extenuating circumstances.

(b) Citizenship. The DOJ gives strong priority to contract employees that are U/S/ citizen and nationals. Any prospective contract employee that is a foreign national must be from a country allied with the U.S. (See http:www.opm,gov/employ/html/Citizen.htm). At the Department’s sole discretion, a waiver

15JA0525Q00000076/0001 Page 6 of 11 of the allied nations list requirement may be granted by the DSO on a case-by-case basis where justified by extenuating circumstances. The Contractor is responsible for verifying that all non-U.S. citizens working under this contract have been lawfully admitted to the U.S. Contract employees requiring access to DOJ Information Technology (IT) resources are subjected to the following additional restriction:

Non- US.S citizens are not authorized access to or permitted to assist in the development, operation, management or maintenance of DOJ IT systems unless a waiver has been granted by the Head of the DOJ component, with the concurrence of the DSO and the DOJ Chief Information Officer (CIO). Such a waiver will be granted only in exceptional and unique circumstances. It should be noted that the Justice Consolidated Office Network (JCON) is a sensitive “DOJ IT system” and any contract employee that will need access to JCON must be a U.S. citizen or have received a waiver.

(c) Dual Citizenship. U.S. citizens who hold dial citizenship with a foreign country may be considered for contract employment. However, how the contract employee obtained or exercises his or her dual citizenship status will be consideration in the adjudication process.

H.1.1.2.4 Procedures for Pre- Screening Applicants and Investigation

(a) The contractor shall perform the following pre-screening and investigation duties for all persons proposed for work under this contract:

(1) Furnish to each proposed contract employee the forms described in Section H.1.1.2.2 above and ensure that adequate instructions for completing the forms are provided to each applicant.

(2) Ensure that the applicants obtain two (2) complete sets of their fingerprints on the prescribed Form FD-258 from an organization qualified to take fingerprints.

(3) Collect completed forms for each applicant and review all forms for completeness and correctness. This includes, for example, satisfactory resolution of address issues or discrepancies. Return and incomplete or incorrect form(s) to applicant(s) to be corrected and re-submitted.

(4) Submit completed forms to the COR by no later than (14) calendar days after receipt of the blank forms and access to e-QIP has been initiated.

(5) As directed by the COR, initiate pre-appointment waivers for certain positions. This may entail performing credit history checks and submission of these checks as part of the security package, including satisfactory resolutions of any issues prior to submission to the Government.

(6) As directed by the COR, review all forms prior to their being submitted to DOJ to ensure that candidates meet DOJ requirements, including residency and citizenship requirements.

(b) The Department will be responsible for the following:

(1) Determine the appropriate risk level for each contract employee position.

(2) Provide the Contractor an adequate supply of forms and instruction for completing the forms within five business days after contract award. Ensure that the Contractor is provide access to the e-QIP system as described in H.1.1.2.2 (c)

(3) Ensure that completed security forms are forwarded to the appropriate investigating agency in accordance with appropriate internal procedures. The investigating agency will conduct the requisite investigations.

(4) Determine whether pre-appointment background investigation waivers will be needed and if so, which positions will require such waivers. The COR will notify the Contractor which pre-appointment waivers to initiate.

(5) Notify the Contractor of the results of background investigations as they are competed and adjudicated. The COR will notify the Contractor of any applicants who are found ineligible for employment security approval so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants.

(6) Notify the Contracting Officer when a sufficient number of contract employees have received employment security approvals or pre-appointment waivers approvals. Upon receipt of this information and any other information which may be required elsewhere in the contract, the Contracting Officer will issue the Contractor a Notice to Proceed which permits the commencement of work under the contract.

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(7) Maintain an up –to-date file of Certificates of Investigation (COI) and other background investigation related documentation for all contract employees throughout the life of the contract.

(c) The investigating agency will furnish the relevant SPM the results of each proposed contract employee’s investigation through issuance of a Certificate of Investigation (COI). Upon receipt of the COI and any other pertinent documents from investigating agency, the SPM will determine whether or not each proposed contract employee should be granted employment security approval. This decision process is called “adjudication.” The SPM will notify, if required, the investigating agency of the adjudicative determination of each investigation. If OPM is the investigating agency, this will be accomplished by the SPM completing and submitting to OPM an INV Form 79A, “Report of Agency Adjudicative Action.”

H.1.1.2.5 Identity Proofing and Badging.

(a) During the life of the this contract, the right to unescorted access to Federally-controlled facilities and / or access Federally-controlled information systems shall be made available after the contract employees have (1) met the identity proofing requirements outlined below, and (2) competed all other security requirements stated elsewhere in this contract. During all operations on Government premises, the contract employees shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require employees to “sign-out” upon entry and “sign-out” upon departure from the DOJ facility.

(b) All contract employees requiring unescorted access to Federally-controlled facilities and/or access to Federally-controlled information systems (regardless of whether they will be issued a DOJ badge), shall comply with the identity proofing and registration requirements outlined below:

(1) Contract employees must present two forms of identification in original form prior to commencement of work under this contract and badge issuance (acceptable documents are listed in Form 1-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture 10); and,

(2) Contract employees must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed prior to commencement of work under this contract and badge issuance (as applicable), and must be documented by the DOJ official.

(c) All contract employees requiring unescorted access to a DOJ controlled facility shall comply with the badge requirements outlined below:

(1) When any Contractor employees enter a DOJ building for the first time, the contract employees shall allow one hour for security processing and the fabrication of buildings access badges.

(2) Building access badges shall be subject to periodic review by the Contractor's Supervisor and checked against the employee's personal identification. The contract employees shall present themselves for the issuance of renewed badges when required by the Government as scheduled by the COTR or his designee. The Contractor shall notify the COTR when employee badges are lost, and must immediately apply for reissuance of a replacement badge. The Contractor shall pay for reissued building access badges. It is the Contractor’s responsibility to return badges to the COTR or his designee when a contract employee is dismissed, terminated or assigned to duties not within the scope of this contract.

H.1.1.2.6 Replacement Personnel

(a) Security investigations are very costly to the Government. The Contractor shall make every effort to preclude incurrence of costs by the Government for security investigations for replacement of employees, and in so doing, shall assure that otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one (1) year. The Contractor shall take all necessary steps to assure that Contractor personnel who are selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein.

(b) The fact that the Government performs security investigations shall not in any manner relieve the Contractor of its responsibility to assure that all personnel furnished are reliable and of reputable background and sound character.

Should a security investigation conducted by the Government render ineligible a Contractor furnished employee, the Contracting Officer will investigate the cause and determine whether the Contractor has abdicated its responsibilities to make every effort to select reliable employees of reputable background and sound character. Should there be need to

15JA0525Q00000076/0001 Page 8 of 11 replace a contract employee due to nonperformance, the Contracting Officer will determine whether the Contractor has abdicated its responsibilities to make every effort to select trained and experienced employees.

(c) Should the Contracting Officer determine that the Contractor has failed to comply with the terms of Section H.1.1.2.4(a), the Contractor may be held monetarily responsible, at a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of Contractor personnel would cause either a security threat or DOJ program disruption and (b) conduct security investigations in excess of those which would otherwise be required.

(d) Nothing in this Clause shall require the Contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased or severely ill for a long period of time.

(e) Acceptance by the Government of consideration to which the Government may be entitled pursuant to paragraph (c) above shall not be construed to establish a course of conduct which will serve to limit the rights and remedies otherwise available to the Government. Under no circumstances shall the Contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to this Clause. The rights and remedies conferred upon the Government by this Clause are in addition to all and other rights and remedies specified elsewhere in this contract or established by law.

H1.2 Contractor Facility

(a) The Contractor shall implement physical controls as necessary to maintain the integrity and confidentiality of all data/information in its possession. At a minimum, the following requirements shall be in effect for Contractor controlled spaces where information is processed and/or stored:

(1) Access to the facility shall be limited to Contractor personnel or those escorted by Contractor personnel.

(2) Document/media storage areas shall be restricted to persons requiring access to them on a need-to-know basis and have a security access approval or clearance granted by the DOJ.

(3) All areas designated for the storage of Grand Jury information require lo9ked entrances and exits during non-working hours or a steel file cabinet that can be secured with a steel lock-bar and a General Services Administration approved changeable combination padlock, or its equivalent. Grand Jury information containing other types of sensitive information such as Federal Tax Return information, witness security information, and other types of highly sensitive information that have more stringent security requirements shall be stored and protected pursuant to security regulations governing such information and special security instructions provided by the organization originating the information. Grand Jury information containing classified NSI must be handled, processed, and stored in accordance with Executive Order 12958, as amended, or its successor.

(4) All designated storage areas/containers must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COTR or COTR designee.

(b) When Grand Jury information is in actual use by authorized personnel, it shall be protected as follows:

(1) Kept under constant review by an authorized person who is in a physical position to exercise direct security controls over the material;

(2) Covered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present;

(3)The room containing the materials must be locked when vacated for short periods of time; and

(4)Returned to storage containers/areas as soon as practical after use.

H.1.3 Automation Equipment and Media Materials

(a) At the conclusion of the contract period, all media materials used in conjunction with this contract shall be turned in to the DOJ for destruction. This includes not only paper records, but also all removable, "consumable" media such as floppy disks, magnetic tapes, typewriter ribbons, CD ROMs, DAT tapes, etc. Any of these media materials

15JA0525Q00000076/0001 Page 9 of 11 that become defective during contract performance shall be immediately turned in to the DOJ for destruction. The Government will not compensate the Contractor for the costs of these media materials.

(b) At the conclusion of the contract period, the Contractor shall sanitize all other media which has been used in connection with contract work, such as PC hard drives and memory, network server hard drives and memory, etc.

according to DOJ approved procedures. For example, the Government will require the Contractor to degauss all such media, or to write over the media a specified number of times (e.g., five times using software such as Norton Disk Wipe).

The Contractor will also be required to provide itemized certification that the degaussing has been completed or all equipment used in connection with the contract. If the Contractor is unable to degauss or sanitize the media to the satisfaction of the SPM, the Contractor must turn the media over to the Government for destruction. The Government will not compensate the Contractor for the cost of this effort.

(c) If any PCs, hard drives, memory, servers, etc. used in connection with the contract become defective during the contract performance period, the Contractor must either turn the media over to the Government for destruction, or sanitize the media in accordance with Government approved procedures and certify the sanitization. This also applies, of course, to equipment/media the Contractor chooses to sell or dispose of for other reasons. The Government will not compensate the Contractor for the cost of this effort.

(d) The Government reserves the right to inspect any equipment/media certified by the Contractor as having been degaussed or sanitized.

(e) The Contractor must ensure that sensitive/classified information does not remain on the storage media, including hard disks and floppy disks, when the PC is removed from the Contractor's area for maintenance or other use.

Maintenance personnel must be escorted and monitored by Department or Contractor personnel when allowed to perform on-site maintenance for the equipment. The storage media must be removed from the PC prior to removal of the PC from the area for maintenance.

(f) Any removable storage media must be appropriately marked with the classification level. Critical NSI or classified information must be backed up on storage media that are stored in a security container, preferably apart from the immediate work area.

H.1.4 Data Communications

(a) The Contractor is responsible for ensuring the security of all data transmitted internally (e.g., within and between Contractor facilities) and data transmitted between the Contractor and its subcontractors. For transmission of sensitive, non-classified data, the COTR may require the data to be encrypted in compliance with Federal Information Processing Standard (FIPS) 46-3, Data Encryption Standard (DES) and "Security Level1" of FIPS 140-2, Security Requirements for Cryptographic Modules, or their successors.

(b) All encryption devices must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COTR or COTR designee.

H.2 Confidentiality of Data

a) Duplication or disclosure of the data and other information to which the Contractor will have access as a result of this contract is prohibited. The terms "Contractor" and "contract employee" in this clause include all entities and individuals that will perform under this contract, including the Contractor, team member, subcontractor, consultant, and/or independent contractor. It is understood that throughout performance of this contract, the Contractor will have access to confidential data which is either the sole property of the Department of Justice or is the sole property of other than the contracting parties. The Contractor agrees to maintain the confidentiality of all data to which access may be gained throughout contract performance, whether title thereto vests in the Department of Justice or otherwise. "Data" in this context also includes any information about the cases or investigations the Contractor is working on, including the names and subject matters of the cases or investigations. The Contractor agrees not to disclose or divulge any such information except to persons who:

Have a DOJ security approval, Have signed the DOJ Non-Disclosure Agreement, and Have a need to know.

This limitation specifically applies to the Contractor's management chain.

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(b) The Contractor agrees to not disclose said data, any interpretations and/or translations thereof, or data derivative therefrom, to unauthorized parties in contravention of these provisions, without the prior written approval of the Contracting Officer or the party in which title thereto is wholly vested. The Contractor may be held responsible for any violations of confidentiality.

(c) The Contractor agrees that upon termination of the contract, it has no property or possessory right to any of the correspondence, files or materials, of whatever kind and description, or any copies or duplicates of such, whether developed/prepared by the Contractor or furnished by the Government in connection with the performance of this contract; and that, upon demand, the Contractor will surrender immediately to the COTR such items, matters, materials, and copies.

(d) All contract employees who will have access to confidential data will be asked to sign a Confidentiality Agreement. It is the responsibility of the Contractor to assure that such Agreements have been signed before access to confidential data is permitted.

H.3 Security of Personally Identifiable Information

(a) The work to be performed under this contract may require the exchange of Personally Identifiable Information (PII) between the Contractor and the Department. Pll includes any information that can be used to distinguish or trace an individual's identity. PII may consist of the following information:

• Social Security Number

• Date and Place of Birth

• Credit Card Number

• Biometric Records

PII may also include data which, if linked together, can be used to identify an individual (such as name, address, and phone number).

(b) The Contractor, by acceptance of or performance on this contract, certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personal information was, or is reasonably believed to have been lost or acquired by an unauthorized person (subject to the exception in paragraph (c) below).

(c) In any case in which the data that was lost or improperly acquired originated with the Department, was acquired or managed for the Department, or reflects sensitive law enforcement or national security interest in the data, the Contractor shall notify the Contracting Officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the Contractor shall not notify the individuals until it receives further instruction from the Department.

(end of clause)

Section 3 - Contract Clauses

No Clauses

Section 4 - List of Attachments

No Clauses

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Section 5 - Solicitation Provisions

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