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See Statement of Work for details

Period of Performance. 212812020 - 212712021 with four (4) one year options

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15JA17-20-Q-00000001

STATEMENT OF WORK

Public Affairs & Media Relations Specialist

United States Attorney’s Office Northern District of Florida

RFQ: 15JA17-20-Q-00000001

(Small Business & Local Area Set-Aside)

1.0 INTRODUCTION

The mission of the US Attorney’s Office (USAO) is to prosecute and defend cases on behalf of the federal government. These efforts involve extensive outreach to the general public, law enforcement agencies and the media. Currently the United States Attorney’s Office (USAO) does not have adequate staffing resources to provide customized media and public relation services. The U.S. Attorney is in need of a public affairs and media relations specialists responsible for handling a variety of public relations tasks.

2.0 GENERAL SCOPE

The USAO, Northern District of Florida, has a requirement for the services of a public affairs and media relations specialist. Specific duties shall include the following:

• Provide customized media and public relation services such as the development of media messages and strategies

• Provide recommendations of media sources for placement of campaigns

• Prepare media materials such as background materials, press releases, presentation and press kits, and speeches

• Approach journalists with story ideas

• Create and maintain media lists

• Execute media programs

• Conduct press conferences

• Schedule broadcast and/or print interviews

• Provide crisis communications assistance

• Train agency personnel to deal with media and media responses

• Conduct follow-ups with respect to media interviews as requested, including fact checking and follow-up notes to journalists

• Other related duties within scope as assigned

3.0 BASIC QUALIFICATIONS FOR POSITION

The contractor shall provide a candidate that meets the following qualifications:

• Bachelor Degree or higher.

• A minimum of 10 years’ experience in media relations, campaigns, and coordinating efforts at the local, state, and federal levels.

• Experience working with federal, state, or local governments or entities.

• Experience reviewing and analyzing data, drafting speeches, conducting media surveys and analysis, and developing national, local, and district-wide campaigns.

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

• U.S. Citizenship.

The contractor’s candidate will be identified as a contractor and is prohibited from performing any inherent governmental functions. The contractor assumes all cost for recruiting services, if necessary.

4.0 GOVERNMENT FURNISHED EQUIPMENT AND RESOURCES

The USAO will provide the Contractor with information relevant to the requested media and public relations activity being undertaken.

5.0 WORK LOCATION AND PERIOD OF PERFORMANCE

5.1 Office Location

United States Attorney’s Office Northern District of Florida 111 N. Adams Street 4th Floor Tallahassee, FL 32301

The Contractor is not required to work at the United States Attorney’s Office but will need to be available to attend meetings and conferences in person with the United States Attorney and his staff within one hour prior notice.

5.2 Period of Performance

The period of performance will include a base year and four one-year options as follows:

Base year: February 28, 2020 – February 27, 2021

Option Year 1: February 28, 2021 – February 27, 2022 Option Year 2: February 28, 2022 – February 27, 2023 Option Year 3: February 28, 2023 – February 27, 2024 Option Year 4: February 28, 2024 – February 27, 2025

6.0 TRAVEL

Minimal travel outside of the local vicinity will be required. All Contractor travel required in the performance of these requirements contained in this contract shall comply with the Federal Travel Regulation, as applicable, in effect on the date(s) the travel is performed. Local travel is considered to be within a fifty-mile radius of the place of performance. In instances where travel is required outside of the local vicinity and seeking reimbursement, it must be pre-approved in writing by the Contracting Officer. If travel is required overseas in the performance of the requirements in this contract, it shall be the responsibility of the Contractor to obtain passports, visas, and airline tickets and travel accommodations. All receipts of costs incurred must be submitted with the invoice. It is advised that the Contractor maintains copies of all travel receipts.

7.0 SECURITY REQUIREMENTS

The Contractor will have no right to the USAO information, other than that provided by the USAO. The Contractor agrees that information beyond that which is intended for publication will be kept confidential by the Contractor.

The Contractor shall not reveal, divulge, or disseminate any oral or written information obtained as a result of execution of this contract or performance of work hereunder. Improper disclosure of information is a violation of the Privacy Act.

8.0 INVOICING INSTRUCTIONS

Payment of actual work and services rendered under this order will be made in accordance with the Prompt Payment Act upon presentation of a proper monthly invoice. To constitute a proper invoice, the following information and/or attached documentation shall be included on the invoice:

• Tax Identification Number

• Contractor’s Mailing Address

• Telephone Number

• Date of Invoice

• Invoice Number

• Purchase Order Number

• Total Invoice Amount

Invoices shall be submitted monthly and will show all of the services for the time period along with the dates and charges. All invoices will be sent to the following address:

U.S. Attorney’s Office Attn: Sean Bell, Budget Officer 111 North Adams Street, 4th Floor Tallahassee, FL 32301

The U.S. Attorney’s Point of Contact for this order is:

Floyd Boyer, Administrative Officer floyd.boyer@usdoj.gov

(850) 216-3902

9.0 ROLES AND RESPONSIBILITIES OF GOVERNMENT PERSONNEL

mailto:floyd.boyer@usdoj.gov

9.1 Contracting Officer

TBD (Name) Contracting Officer (Address) (Email)

The Contracting Officer listed above is the only person authorized to direct the Contractor and obligate the Government. The Contractor shall notify the Contracting Officer prior to providing any services that are outside those required by the purchase order.

Any actions taken by the Contractor outside the terms and conditions of this purchase order shall be deemed to have been the Contractors convenience and therefore shall not obligate the Government to pay the Contractor for those efforts.

9.2 Contracting Officer’s Representative (COR)

TBD (Name) Contracting Officer’s Representative (Address) (Email)

The Contracting Officer’s Representative (COR) is appointed to act as an authorized representative in the monitoring and administration of this task order. This individual is designated in writing as a COR, with a copy given to the Contractor. An individual designated as a COR is authorized to perform the following functions in accordance with the COR appointment letter:

• Responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of the contract; providing direction to the contractor which clarifies the contract effort;

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

The 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, the Contracting Officer shall issue such changes.

10.0 INSTRUCTIONS TO OFFERORS

10.1 Questions

Questions concerning this solicitation shall be submitted in writing by email to Brandon Wish at brandon.wish@usdoj.gov no later than 12:00 PM Eastern Time on February 5, 2020.

Questions submitted after this deadline will not be responded to.

10.2 Quote Due Date

mailto:brandon.wish@usdoj.gov

All quotes shall be submitted to Brandon Wish in electronic format via email to brandon.wish@usdoj.gov no later than 2:00 PM Eastern Time on February 13, 2020. Quotes received past the deadline stated will not be considered.

10.3 Quote Submission Criteria

Please Note:

This acquisition is being conducted as a small business set aside. All offerors are required to verify their small business status under NAICS code 541820 in their quote. Any quotes from offerors that do not meet the small business size standard will not be considered for award.

This acquisition is being conducted as a local area set aside. All offerors are required to have contract personnel that will be performing requirements of the contract located within a 50 mile radius of the USAO specified in Section 5.0. All offerors that do not meet this standard and do not specify the location of contract personnel will not be considered for award.

Quote(s) shall be submitted with a Cover Page to include the following information:

• Company Name and Address

• Phone Number

• Point of Contact Name and E-Mail Address

• DUNS Number

• TIN Number

• Small Business Qualification

• Contractor personnel location (must be within 50 miles of USAO)

In addition to the Cover Page, quotes(s) shall consist of three (3) separate volumes and contain the following information:

(A) Volume I: Proposed Key Personnel

Offerors shall provide resumes of prospective key personnel. The proposed key personnel are the Public Affairs & Media Relations Specialists that will perform the tasks identified in the Statement of Work. The resume(s) shall demonstrate the key personnel’s qualifications to provide the requested services and demonstrate experience in projects of similar size, scope, complexity and results. The resume(s) shall list the Key Personnel’s security clearance level, training and certifications, if any. Each resume(s) shall not exceed five (5) pages in length.

(B) Volume II: Past Performance

Offerors shall provide up to three (3) organizational past performance references for commensurate projects that are in progress or were completed within the last three (3) years of the Solicitation Issue Date. If a Contractor will be using a subcontractor, up to mailto:brandon.wish@usdoj.gov three (3) references must be provided for the subcontractor as well. Each Past Performance Reference shall not exceed five (5) pages in length.

Past performance references submitted for work that were not in progress or were not completed within the last three (3) years of the Solicitation Issue Date will be accepted;

however, these will be considered less relevant than the references within the three year period of the Solicitation Issue Date.

Past performance references may be from commercial or federal/state/local Government contracts; however, similar support services performed for federal government customers generally will be considered more relevant than those done for commercial or state/local government customers. The Contracting Officer has the discretion to retrieve information via offeror supplied references, commercial sources and federal sources including, but not limited to: Past Performance Information Retrieval System and Systems for Award Management.

Past performance references must be clearly labeled “Past Performance References” and be included in Volume II. If the organization does not have references, the offeror must so state (explicitly) in Volume II.

The following information is required, and shall be included for each organizational past performance reference:

(a) Customer name and address;

(b) Point of contact (name, telephone number) for contractual/administrative matters and technical performance;

(c) Period of contract performance;

(d) Description of work performed.

If the prime contractor is submitting subcontractor(s) as part of the proposal/quote, include the subcontractor’s signed written consent to allow the Government to discuss subcontractors past performance with the prime contractor.

(C) Volume III: Price

Offerors shall submit a price proposal as reflected in Section 10.4, Pricing Schedule, to be evaluated for reasonableness. Do not include asterisks with exceptions or comments on these pages. Only state the price for the CLIN item based on the description of work provided. Any additions to the pricing page other than the CLIN price in the space provided will not be considered.

10.4 Pricing Schedule

Base Year

CLIN Description Unit Quantity Hourly Rate

Total

0001 Public Affairs & Media Relations

Specialist

HR 440

Option Year 1

CLIN Description Unit Quantity Hourly Rate

Total

1001 Public Affairs & Media Relations

Option Year 2

Rate

Total

2001 Public Affairs & Media Relations

Option Year 3

Rate

Total

3001 Public Affairs & Media Relations

Option Year 4

Rate

Total

4001 Public Affairs & Media Relations

10.5 Contract Type

Time and Materials. Contractors shall provide a flat rate for the Public Affairs & Media Relations Specialist for the base and option years listed in Section 10.4. Contractor shall specify a fixed hourly rate that include wages, overhead, general and administrative expenses, and profit.

The ceiling price for each base and option year of the contract shall be $ TBD at Award.

Any work performed surpassing the ceiling amount for the corresponding year, the contractor exceeds at their own risk and may not be paid for.

The contractor is required, at a minimum, to notify the Contracting Officer when 75% of the ceiling amount for the corresponding year is exhausted. Failure to do this may result in significant delays in the processing and payment of invoices.

11.0 BASIS FOR AWARD

Best Value/Tradeoff:

The Government plans to award a Contract to the offeror(s) whose quote represents the best value solution. The Contracting Officer may reasonably determine that the superior solution/approach merits a higher price, and therefore represents the best value to the Government. The Contracting Officer, using sound business judgment will base the selection decision on the integrated assessment of the Statement of Work and the Offeror’s capability as measured against the below evaluation factors.

The following factors shall be used to evaluate offerors, and the evaluation criteria for award are listed in order of importance as follows:

Factor 1: Key Personnel

The contractor shall provide qualified personnel who have sufficient experience, education, training, and skills to satisfactorily perform the requirements of this Statement of Work. Key personnel will be rated based upon their technical expertise and experience, as demonstrated on submitted resumes, in relation to the basic qualifications stated in Section 3.0.

Key Personnel will be rated as follows in order from best to worst: Outstanding, Excellent, Good, Marginal and Unsatisfactory. Rating descriptions are as follows:

Rating Description

4 - Outstanding

Quote meets the fullest expectations of the Government. The offeror has convincingly demonstrated that the Request for Quotation’s requirements have been analyzed, evaluated, and should result in an outstanding, effective, efficient, and economical performance under the contract. An assigned rating within "outstanding" indicates that, in terms of the specific factor (or sub factor), the proposal contains essentially no weaknesses or deficiencies and meets the fullest expectations of the Government.

3 - Excellent

Quote is fully responsive with no (significant) deficiencies. Fulfilling the definition of "excellent" indicates that, in terms of the specific factor (or sub factor), the proposal demonstrates a level of effort that meets the Request for Quotation’s requirements and that this effort has produced, or could produce, results which should prove to be substantially beneficial to the project.

2 - Good Quote is adequately responsive with minor deficiencies but no major deficiencies noted. An assigned rating within "good" indicates that, in terms of the specific factor (or sub factor), any deficiencies noted are of a minor nature that should not seriously affect the offeror's performance. A rating within "good" is used when there are no indications of weaknesses that could diminish the quality of the effort or increase the risks of failure.

1 - Marginal A rating of “marginal” indicates that, in terms of the specific factor (or sub factor), the offeror may satisfactorily complete the assigned tasks, but there is at least a moderate risk that he will not be successful.

0 - Unsatisfactory

Quote is not adequately responsive or does not address the specific factor(s) (or sub factor(s)). The response is incomplete, vague, incompatible, incomprehensible, or incorrect as to be unsatisfactory. The assignment of a rating within the bounds of "unsatisfactory" indicates that the evaluator feels that mandatory corrective action would be required to prevent significant deficiencies from affecting the overall project.

Factor 2: Past Performance

The USAO is seeking offers from companies with examples of past performance on similar type contracts. This determination will be made based on information provided in vendor’s quotes and information obtained from previous customers, preferably government agencies. Past performance will be rated as follows: Acceptable, Unacceptable, or Neutral.

The following criteria is required and shall be outlined in sufficient detail to receive an acceptable rating:

• Experience leading federal public relations efforts at the local, state, and federal levels

• Experience with local and state law enforcement agencies

• Experience working with all forms of media to include: print (newspaper, magazine, periodicals), internet, video, social media, radio, broadcast television, outdoor media, and other applications

• Experience supporting and performing public speaking

RATING DESCRIPTION

Acceptable Past performance references has satisfactory ratings and clearly meets the minimum requirements of the solicitation.

Unacceptable Past performance references has unsatisfactory ratings and clearly does not meet the minimum requirements of the solicitation.

Neutral No past performance submitted/available.

Factor 3: Price

Price will be evaluated in accordance with FAR 13.106-2. The Government may require additional pricing information to assist in determining the extent to which the price is fair and reasonable, and the pricing information shall be provide if requested. The Government will evaluate quotes for award purposes by adding the total of all CLIN prices to ensure that pricing is not unbalanced.

Interested Offerors shall submit a complete price schedule. All line items must be priced. Quotes providing partial pricing shall be considered non-responsive.

Key Personnel and Past Performance are significantly more important than price.

12.0 LOCAL CLAUSES

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

(a) To be determined (TBD) at time of award Mr./Ms. (Name) of (Organization) (Room No.), (Building), (Address), (Area Code & Telephone No.), 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)

Electronic Signatures (May 2019)

(a) The Department of Justice is committed to doing business in the most efficient and effective way possible, and to facilitate paperless processes. In furtherance of this goal, the Contracting Officer may apply their digital signature to procurement documents in the Portable Document Format (PDF) through the use of their government issued Personal Identity Verification (PIV) Card with a valid public key certificate. A digital signature made with these certificates is evidence that a specific individual signed the electronic record and that it was not altered. The recipient of a signed document can rely on the digital signature as evidence for a third party that the signature was generated by the claimed signer.

(b) For procurement documents that require a signature from a representative of the Contractor, the Contractor may utilize manual or electronic signature. Should the Contractor utilize an electronic signature, by returning the document with an electronic symbol affixed to the appropriate signature block, the Contractor representative signing on behalf of the Contractor certifies that:

(1) Electronic Form of Signature: The Contractor representative has knowingly adopted, applied or affixed an electronic symbol to the document;

(2) Intent to Sign: The Contractor representative has applied an electronic symbol with the intent to legally bind the Contractor;

(3) Association of Signature to Record: the Contractor representative’s signature is attached to the electronic record being signed;

(4) Identification and Authentication of Signer: The Contractor has a means to identify and authenticate a particular person as the signer; and

(5) Integrity of Signed Record: The Contractor can attest to the integrity of the signed record between the time of signature and the returned record to the government.

(c) This clause applies to this document and any subsequent documents (e.g., modifications, task/delivery orders) associated with this action.

(End of Clause)

Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (October 2007)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

Determine how all employees who may telework will communicate with one another and with management to accomplish work.

Practice telework regularly to ensure effectiveness.

Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use federal employees.

Employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

(End of Clause)

Security of Department Information and Systems (April 2015)

I. Applicability to Contractors and Subcontractors

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

II. General Definitions

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

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

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

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

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

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

III. Confidentiality and Non-disclosure of DOJ Information

A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S.

Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

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

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

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

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

These requirements include but are not limited to:

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

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

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

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

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

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

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

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

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

11. [Reserved]

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

System media containing DOJ Information before disposal, release or reuse of such media;

13. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized U.S.

citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical facilities and support infrastructure for such Information Systems;

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

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

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

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

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

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

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

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor’s facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, system penetration testing, and FISMA data reviews by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

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

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

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

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

4. Contractor must log all computer-readable data extracts from databases holding DOJ Information and verify that each extract including such data has been erased within 90 days of extraction or that its use is still required. All DOJ

Information is sensitive information unless specifically designated as non-sensitive by the DOJ; and,

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

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

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

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

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

J. DOJ, at its discretion, may suspend Contractor’s access to any DOJ Information, or terminate the contract, when DOJ suspects that Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incident (see Section V.E. below), where the Department determines that either event gives cause for such action. The suspension of access to DOJ Information may last until such time as DOJ, in its sole discretion, determines that the situation giving rise to such action has been corrected or no longer exists. Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to the DOJ, and that upon request by the CO, Contractor must immediately return all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at Contractor’s expense.

V. Cloud Computing

A. Cloud Computing means an Information System having the essential characteristics described in NIST SP 800-145, The NIST Definition of Cloud Computing.

For the sake of this provision and clause, Cloud Computing includes Software as a Service, Platform as a Service, and Infrastructure as a Service, and deployment in a Private Cloud, Community Cloud, Public Cloud, or Hybrid Cloud.

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

1. The Cloud system and CSP have been evaluated and approved by a 3PAO certified under FedRAMP and Contractor has provided the most current Security Assessment Report (“SAR”) to the DOJ CO for consideration as part of Contractor’s overall System Security Plan, and any subsequent SARs within 30 days of issuance, and has received an ATO from the Authorizing Official for the DOJ component responsible for maintaining the security confidentiality, integrity, and availability of the DOJ Information under contract; or,

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

C. Contractor must ensure that the CSP allows DOJ to access and retrieve any DOJ Information processed, stored or transmitted in a Cloud system under this Contract within a reasonable time of any such request, but in no event less than 48 hours from the request.

To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall include any schemas, meta-data, and other associated data artifacts.

VI. Information System Security Breach or Incident

A. Definitions

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

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

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

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

C. Potential Breach.

1. Contractor shall report any Potential Breach within 72 hours of detection to the DOJ CO and the COR, unless Contractor has (a) completed its investigation of the Potential Breach in accordance with its own internal policies and procedures for identification, investigation and mitigation of Security Incidents and (b) determined that there has been no Confirmed Breach.

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

D. Any report submitted in accordance with paragraphs (B) and (C), above, shall identify (1) both the Information Systems and DOJ Information involved or at risk, including the type, amount, and level of sensitivity of the DOJ Information and, if the DOJ Information contains PII, the estimated number of unique instances of PII, (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the US- CERT Federal Incident Notification Guidelines, including the functional impact, information impact, impact to recoverability, threat vector, mitigation details, and all available incident details; and (4) any other information specifically requested by the DOJ. Contractor shall continue to provide written updates to the DOJ CO regarding the status of the Security Incident at least every three (3) calendar days until informed otherwise by the DOJ CO.

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

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