15JA0526R00000147 Page 1 of 47

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

15JA0526R00000147

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/11/2026

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

08/25/2026 15:00 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):

541990

SIZE STANDARD:

15,000

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

X

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15JA79CODE15. DELIVER TO

U.S. Attorneys Office Southern District of Texas 1000 Louisiana St, STE 2300 Houston, TX 77002-5010

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

15JA79CODE18a. PAYMENT WILL BE MADE BY

U.S. Attorneys Office Southern District of Texas 1000 Louisiana St, STE 2300 Houston, TX 77002

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

Record Retrieval Services for the United States Attorney's Office, Southern District of Texas. Performance period shall be September 01, 2026 through August 31, 2027 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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15JA0526R00000147 Page 2 of 47

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

15JA0526R00000147 Page 3 of 47

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

EOUSA Statement of Work EOUSA AI-10-1B Security of Department Information and Systems (April 2015) EOUSA AI-10-1C Data Security Contract Clause for Contracts Involving the PII of 25 or Fewer Individuals (July 2016) EOUSA AI-10-1D Continuing Contract Performance During a Pandemic Influenza or other National Emergency (October 2007)

3 Contract Clauses 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Mar 2026) 52.217-6 Option for Increased Quantity (Mar 1989) 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) 52.232-25 Prompt Payment (Jan 2017) 52.243-3 Changes-Time-and-Material or Labor-Hours (Sept 2000) DOJ-02 Contractor Privacy Requirements (JAN 2022)

4 List of Attachments 5 Solicitation Provisions

52.212-1 52.212-1 Instructions to Offerors-Commercial Items Section M Evaluation Factors for Award

15JA0526R00000147 Page 4 of 47

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 Records Retrieval

PSC: R499

Line Period of Performance: 09/01/2026 - 08/31/2027

Base Period

Delivery Schedule:

Quantity: 500.000000 FOB: Destination

Place of Performance Address:

U.S. Attorneys Office Southern District of Texas 1000 Louisiana St, STE 2300 Houston, TX 77002-5010

500 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0002 Administrative/Service Fees

PSC: R499

Line Period of Performance: 09/01/2026 - 08/31/2027

Base Period

500 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0003 Process Server Fees (If Applicable)

PSC: R499

Line Period of Performance: 09/01/2026 - 08/31/2027

Base Period

29,000 PA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0004 Copying & Certification Fees

PSC: R499

Line Period of Performance: 09/01/2026 - 08/31/2027

Base Period

25,000 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0005 Expedited processing Fees (If Applicable)

PSC: R499

Line Period of Performance: 09/01/2026 - 08/31/2027

Base Period

50 EA $________ $________$________$_________________

15JA0526R00000147 Page 5 of 47

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0006 Cancellation Fees

PSC: R499

Line Period of Performance: 09/01/2026 - 08/31/2027

Base Period

100 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0007 Shipping and Handling, or other misc cost

PSC: R499

Line Period of Performance: 09/01/2026 - 08/31/2027

Base Period

50 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1001 Records Retrieval

PSC: R499

Line Period of Performance: 09/01/2027 - 08/31/2028

Unexercised Option

500 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1002 Administrative/Service Fees

PSC: R499

Line Period of Performance: 09/01/2027 - 08/31/2028

Unexercised Option

500 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1003 Process Server Fees (If Applicable)

PSC: R499

Line Period of Performance: 09/01/2027 - 08/31/2028

Unexercised Option

29,000 PA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1004 Copying & Certification Fees

PSC: R499

Line Period of Performance: 09/01/2027 - 08/31/2028

Unexercised Option

25,000 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1005 Expedited processing Fees (If Applicable)

PSC: R499

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Line Period of Performance: 09/01/2027 - 08/31/2028

Unexercised Option

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1006 Cancellation Fees

PSC: R499

Line Period of Performance: 09/01/2027 - 08/31/2028

Unexercised Option

100 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1007 Shipping and Handling and other misc cost

PSC: R499

Line Period of Performance: 09/01/2027 - 08/31/2028

Unexercised Option

50 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

2001 Records Retrieval

PSC: R499

Line Period of Performance: 09/01/2028 - 08/31/2029

Unexercised Option

500 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

2002 Administrative/Service Fees

PSC: R499

Line Period of Performance: 09/01/2028 - 08/31/2029

Unexercised Option

500 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

2003 Process Server Fees (If Applicable)

PSC: R499

Line Period of Performance: 09/01/2028 - 08/31/2029

Unexercised Option

29,000 PA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

2004 Copying & Certification Fees

PSC: R499

Line Period of Performance: 09/01/2028 - 08/31/2029

Unexercised Option

25,000 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

15JA0526R00000147 Page 7 of 47

2005 Expedited processing Fees (If Applicable)

PSC: R499

Line Period of Performance: 09/01/2028 - 08/31/2029

Unexercised Option

50 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

2006 Cancellation Fees

PSC: R499

Line Period of Performance: 09/01/2028 - 08/31/2029

Unexercised Option

100 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

2007 Shipping and Handling and other misc cost

PSC: R499

Line Period of Performance: 09/01/2028 - 08/31/2029

Unexercised Option

50 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3001 Records Retrieval

PSC: R499

Line Period of Performance: 09/01/2029 - 08/31/2030

Unexercised Option

500 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3002 Administrative/Service Fees

PSC: R499

Line Period of Performance: 09/01/2029 - 08/31/2030

Unexercised Option

500 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3003 Process Server Fees (If Applicable)

PSC: R499

Line Period of Performance: 09/01/2029 - 08/31/2030

Unexercised Option

29,000 PA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3004 Copying & Certification Fees

PSC: R499

Line Period of Performance: 09/01/2029 - 08/31/2030

Unexercised Option

25,000 EA $________ $________$________$_________________

15JA0526R00000147 Page 8 of 47

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3005 Expedited processing Fees (If Applicable)

PSC: R499

Line Period of Performance: 09/01/2029 - 08/31/2030

Unexercised Option

50 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3006 Cancellation Fees

PSC: R499

Line Period of Performance: 09/01/2029 - 08/31/2030

Unexercised Option

100 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3007 Shipping and Handling and other misc cost

PSC: R499

Line Period of Performance: 09/01/2029 - 08/31/2030

Unexercised Option

50 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4001 Records Retrieval

PSC: R499

Line Period of Performance: 09/01/2030 - 08/31/2031

Unexercised Option

500 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4002 Administrative/Service Fees

PSC: R499

Line Period of Performance: 09/01/2030 - 08/31/2031

Unexercised Option

500 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4003 Process Server Fees (If Applicable)

PSC: R499

Line Period of Performance: 09/01/2030 - 08/31/2031

Unexercised Option

29,000 PA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4004 Copying & Certification Fees

PSC: R499

25,000 EA $________ $________$________$_________________

15JA0526R00000147 Page 9 of 47

Line Period of Performance: 09/01/2030 - 08/31/2031

Unexercised Option

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4005 Expedited processing Fees (If Applicable)

PSC: R499

Line Period of Performance: 09/01/2030 - 08/31/2031

Unexercised Option

50 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4006 Cancellation Fees

PSC: R499

Line Period of Performance: 09/01/2030 - 08/31/2031

Unexercised Option

100 EA $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4007 Shipping and Handling and other misc cost

PSC: R499

Line Period of Performance: 09/01/2030 - 08/31/2031

Unexercised Option

EOUSA Statement of Work

1.0 PURPOSE.

Service of Process for record retrieval of medical records for litigation in civil cases.

2.0 BACKGROUND.

The Department of Justice, Office of United States Attorney (USAO), Southern District, Houston, Brownsville, Corpus Christi, Laredo and McAllen, has a requirement for the retrieval of medical records by service of process.

3.0 SCOPE OF WORK.

Identifies appropriate health care providers, facilities or custodians of records. Prepares and submit requests for medical, billing, or radiology records. Provides process server services for records issued by subpoena. Tracks and follow up on record requests. Retrieve, review, and verify records.

Organize and deliver records to legal staff via USAfx.

4.0 ADMINISTRATIVE REQUIREMENTS.

The Contractor shall deliver final records to key personnel (Legal Staff) via USA File Exchange.

USAfx is a secure cloud-based file sharing platform that allows authorized users to exchange files online with the US Attorney’s Office. Knowledgeable of both English and the foreign language vocabularies typically used in formal, consultative, and casual modes of communication in justice system contexts, including colloquial slang, idiosyncratic slang, and regionalism.

The contractor must register at SAM.GOV (The System for Award Management).

5.0 CONTRACT TYPE.

Firm - Fixed Price. All unit prices are fixed unit prices.

6.0 PRICING.

Provider Retrieval Fees Administrative/Service Fees Process Server Fees (If Applicable) Copying & Certification Fees Expedited processing Fees (If Applicable) Cancellation Fees

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7.0 PERIOD OF PERFORMANCE.The period of performance will include one (1) base year and four (4) consecutive one-year options as follows:

Base Year: September 1, 2026 – August 31, 2027 Option Year 1: September 1, 2027 – August 31, 2028 Option Year 2: September 1, 2028 – August 31, 2029 Option Year 3: September 1, 2029 – August 31, 2030 Option Year 4: September 1, 2030 – August 31, 2031

8.0 DELIVERABLES.

8.1 The contractor shall agree to acknowledge and respond to the USAWAW’s requests for service within 2 working days.

Working days are herein defined as Monday through Friday, 8:30am to 5:00pm Pacific Standard Time (PST), excluding Federal Holidays:

The Department of Justice observes the following days as holidays:

New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order, or Presidential Proclamation.

9.0 POINTS OF CONTACT.

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

9.1 Technical POC 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 because 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)

9.2 Administrative Contracting Officer

The Contracting Officer for this contract is:

Charmella Ware Executive Office for US Attorneys Acquisitions Staff 175 N Street NE, Suite 6.0000 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.

10.0 ADDITIONAL TERMS AND CONDITIONS.

10.1 Relationship of the Parties

Notwithstanding any provision hereof, for all purposes of this contract the contractor shall be and act as an independent contractor and not an employee of the USAO, thereby incurring all expenses associated with the work, including any overheard and other direct costs. The USAO will not provide fringe benefits, including health insurance benefits, paid vacations, or any other employee benefit, for the contractor. The contractor shall make no representation as an agent, employee, partner, or joint venture of USAO. The contractor shall have no authority to bind nor attempt to bind USAO or incur other obligations on behalf of the USAO. The contractor is an independent contractor and solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, Workers’ Compensation Insurance; and the contractor agrees to defend, indemnify and hold USAO harmless from any and all claims, damages, liability, attorneys’ fees and expenses on account of an alleged failure by the contractor to satisfy any such obligations or any other obligation (under this contract or otherwise). If the contractor is a corporation, it will ensure that its employees and agents are bound in writing to the contractor’s obligations under this Contract.

10.2 Confidentiality

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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 unless notified by 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 of individuals’ tax records or medical records (such as patient files or prescription records) or other materials containing individual tax or medical information (such as medical utilization reports from carriers, worker’s compensation claim files, personnel files, or court records which include 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 court case.

Access to any such information or document should be strictly limited to persons with a legitimate and compelling need for that information. The Contractor shall ensure that any such persons use such information solely for purposes of the court 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 be returned to the USAO.

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

10.3 Conflict of Interest

The contractor warrants that he/she is under no obligation to any 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.

10.4 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.

10.5 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.

10.6 Limitation of Cost

The contractor agrees to use their best efforts to complete performance within the “not to exceed” figure specified in block 17 (schedule). The contractor shall notify the contracting officer, in writing, whenever it has reason to believe that costs will exceed 75% of the amount provided in the schedule.

10.7 Contract Closeout

The contractor agrees to follow close out procedures when terms of contract service come to an end. The contractor agrees to verify and deliver any outstanding invoices and certify destruction of all personally identifiable information (PII) obtained through work in this case.

11.0 INVOICING

Invoices shall be submitted no more often than monthly to Procurement.USATXS@usdoj.gov in accordance with FAR 52.212-4(g) Alt.

Each invoice shall contain the following information:

• Contractor Name

• Tax Identification Number/ Unique Identity ID

• Contractor’s Mailing Address

• Telephone Number

• Contract Number

15JA0526R00000147 Page 12 of 47

• Date of Invoice

• Invoice Number

• Total Invoice Amount

• Description of services provided, including dates services were rendered Invoices that are not properly submitted, or that contain incorrect data, will be returned/rejected for revision.

procurement.usatxs@usdoj.gov

EOUSA AI-10-1B Security of Department Information and Systems (April 2015)

Security of Department Information and Systems (April 2015)

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

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

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.

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

III. Confidentiality and Non-disclosure of DOJ Information

A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has

15JA0526R00000147 Page 13 of 47 unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S. Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).

IV. Compliance with Information Technology Security Policies, Procedures and Requirements

A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

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

3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

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

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

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contractor’s organization and the DOJ;

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

11. [Reserved]

12. Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media; limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System media containing DOJ Information before disposal, release or reuse of such media;

13. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical facilities and support infrastructure for such Information Systems;

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

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

16. Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;

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

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

B. Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtaining an Authority to Operate (“ATO”) for each Covered Information System. The ATO shall be signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under this contract. The DOJ standards and requirements for obtaining an ATO may be found at DOJ Order 2640.2, as amended. (For Cloud Computing Systems, see Section V, below.)

C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, management, or maintenance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Chief Information Officer, and the DOJ Security Officer.

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor’s facilities, installations, systems, operations, documents, records, and databases.

Such access may include independent validation testing of controls, system penetration testing, and FISMA data reviews by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

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E. The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause is prohibited until Contractor provides a letter to the DOJ CO, and obtains the CO’s approval, certifying compliance with the following requirements:

1. Media must be encrypted using a NIST FIPS 140-2 approved product;

2. Contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

3. Where applicable, media must utilize antivirus software and a host-based firewall mechanism;

4. Contractor must log all computer-readable data extracts from databases holding DOJ Information and verify that each extract including such data has been erased within 90 days of extraction or that its use is still required. All DOJ Information is sensitive information unless specifically designated as non-sensitive by the DOJ; and,

5. A Rules of Behavior (“ROB”) form must be signed by users. These rules must address, at a minimum, authorized and official use, prohibition against unauthorized users and use, and the protection of DOJ Information. The form also must notify the user that he or she has no reasonable expectation of privacy regarding any communications transmitted through or data stored on Contractor-owned laptops or other portable digital or electronic media.

F. Contractor-owned removable media containing DOJ Information shall not be removed from DOJ facilities without prior approval of the DOJ CO or COR.

G. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with DOJ security requirements.

H. Contractor must keep an accurate inventory of digital or electronic media used in the performance of DOJ contracts.

I. Contractor must remove all DOJ Information from Contractor media and return all such information to the DOJ within 15 days of the expiration or termination of the contract, unless otherwise extended by the CO, or waived (in part or whole) by the CO, and all such information shall be returned to the DOJ in a format and form acceptable to the DOJ. The removal and return of all DOJ Information must be accomplished in accordance with DOJ IT Security Standard requirements, and an official of the Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the removal and return of all DOJ Information.

J. DOJ, at its discretion, may suspend Contractor’s access to any DOJ Information, or terminate the contract, when DOJ suspects that Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incident (see Section V.E. below), where the Department determines that either event gives cause for such action. The suspension of access to DOJ Information may last until such time as DOJ, in its sole discretion, determines that the situation giving rise to such action has been corrected or no longer exists.

Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to the DOJ, and that upon request by the CO, Contractor must immediately return all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at Contractor’s expense.

V. Cloud Computing

A. Cloud Computing means an Information System having the essential characteristics described in NIST SP 800-145, The NIST Definition of Cloud Computing. For the sake of this provision and clause, Cloud Computing includes Software as a Service, Platform as a Service, and Infrastructure as a Service, and deployment in a Private Cloud, Community Cloud, Public Cloud, or Hybrid Cloud.

B. Contractor may not utilize the Cloud system of any CSP unless:

1. The Cloud system and CSP have been evaluated and approved by a 3PAO certified under FedRAMP and Contractor has provided the most current Security Assessment Report (“SAR”) to the DOJ CO for consideration as part of Contractor’s overall System Security Plan, and any subsequent SARs

15JA0526R00000147 Page 16 of 47 within 30 days of issuance, and has received an ATO from the Authorizing Official for the DOJ component responsible for maintaining the security confidentiality, integrity, and availability of the DOJ Information under contract; or,

2. If not certified under FedRAMP, the Cloud System and CSP have received an ATO signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under the contract.

C. Contractor must ensure that the CSP allows DOJ to access and retrieve any DOJ Information processed, stored or transmitted in a Cloud system under this Contract within a reasonable time of any such request, but in no event less than 48 hours from the request. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall include any schemas, meta-data, and other associated data artifacts.

VI. Information System Security Breach or Incident

A. Definitions

1. Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed unauthorized exposure, loss of control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any DOJ Information accessed by, retrievable from, processed by, stored on, or transmitted within, to or from any such system.

2. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed, Covered Information System Security Breach.

3. Security Incident means any Confirmed or Potential Covered Information System Security Breach.

B. Confirmed Breach. Contractor shall immediately (and in no event later than within 1 hour of discovery) report any Confirmed Breach to the DOJ CO and the CO's Representative (“COR”). If the Confirmed Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call DOJ-CERT at 1-866-US4-CERT (1-866-874-2378) immediately (and in no event later than within 1 hour of discovery of the Confirmed Breach), and shall notify the CO and COR as soon as practicable.

C. Potential Breach.

1. Contractor shall report any Potential Breach within 72 hours of detection to the DOJ CO and the COR, unless Contractor has (a) completed its investigation of the Potential Breach in accordance with its own internal policies and procedures for identification, investigation and mitigation of Security Incidents and

(b) determined that there has been no Confirmed Breach.

2. If Contractor has not made a determination within 72 hours of detection of the Potential Breach whether an Confirmed Breach has occurred, Contractor shall report the Potential Breach to the DOJ CO and COR within one-hour (i.e., 73 hours from detection of the Potential Breach). If the time by which to report the Potential Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call the DOJ Computer Emergency Readiness Team (DOJ-CERT) at 1-866-US4- CERT (1-866-874-2378) within one-hour (i.e., 73 hours from detection of the Potential Breach) and contact the DOJ CO and COR as soon as practicable.

D. Any report submitted in accordance with paragraphs (B) and (C), above, shall identify (1) both the Information Systems and DOJ Information involved or at risk, including the type, amount, and level of sensitivity of the DOJ Information and, if the DOJ Information contains PII, the estimated number of unique instances of PII,

(2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the US-CERT Federal Incident Notification Guidelines, including the functional impact, information impact, impact to recoverability, threat vector, mitigation details, and all available incident details; and (4) any other information specifically requested by the DOJ. Contractor shall continue to provide written updates to the DOJ CO regarding the status of the Security Incident at least every three

(3) calendar days until informed otherwise by the DOJ CO.

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E. All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Security Incident will be made by DOJ senior officials or the DOJ Core Management Team at DOJ’s discretion.

F. Upon notification of a Security Incident in accordance with this section, Contractor must provide to DOJ full access to any affected or potentially affected facility and/or Information System, including access by the DOJ OIG and Federal law enforcement organizations, and undertake any and all response actions DOJ determines are required to ensure the protection of DOJ Information, including providing all requested images, log files, and event information to facilitate rapid resolution of any Security Incident.

G. DOJ, at its sole discretion, may obtain, and Contractor will permit, the assistance of other federal agencies and/or third party contractors or firms to aid in response activities related to any Security Incident. Additionally, DOJ, at its sole discretion, may require Contractor to retain, at Contractor’s expense, a Third Party Assessing Organization (3PAO), acceptable to DOJ, with expertise in incident response, compromise assessment, and federal security control requirements, to conduct a thorough vulnerability and security assessment of all affected Information Systems.

H. Response activities related to any Security Incident undertaken by DOJ, including activities undertaken by Contractor, other federal agencies, and any third-party contractors or firms at the request or direction of DOJ, may include inspections, investigations, forensic reviews, data analyses and processing, and final determinations of responsibility for the Security Incident and/or liability for any additional response activities. Contractor shall be responsible for all costs and related resource allocations required for all such response activities related to any Security Incident, including the cost of any penetration testing.

VII. Personally Identifiable Information Notification Requirement

Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose Personally Identifiable Information (“PII”) was, or is reasonably determined by DOJ to have been, compromised. Any notification shall be coordinated with the DOJ CO and shall not proceed until the DOJ has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by Contractor shall be coordinated with, and subject to the approval of, DOJ. Contractor shall be responsible for taking corrective action consistent with DOJ Data Breach Notification Procedures and as directed by the DOJ CO, including all costs and expenses associated with such corrective action, which may include providing credit monitoring to any individuals whose PII was actually or potentially compromised.

VIII. Pass-through of Security Requirements to Subcontractors and CSPs

The requirements set forth in the preceding paragraphs of this clause apply to all subcontractors and CSPs who perform work in connection with this Contract, including any CSP providing services for any other CSP under this Contract, and Contractor shall flow down this clause to all subcontractors and CSPs performing under this contract. Any breach by any subcontractor or CSP of any of the provisions set forth in this clause will be attributed to Contractor.

(end of clause)

EOUSA AI-10-1C Data Security Contract Clause for Contracts Involving the PII of 25 or Fewer Individuals (July 2016)

Data Security Contract Clause for Contracts Involving the PII of 25 or Fewer Individuals (July 2016)

The following clause applies to all contracts involving the personally identifiable information (PII) of 25 or fewer individuals. PII refers to information that can be used to distinguish or trace an individual’s identity, such as his or her name, social security number, biometric records, etc.,…