Attachment_13_Security_Requirements.pdf

Attachment 13: 15JPSS18R00000030

Security Requirements

Security Requirements - CLASSIFIED

(a) The work to be performed under this contract will involve access to classified information [National Security Information (NSI)] as well as access to unclassified information.

All references to “contract(or) personnel” and “contract employee” in this clause include all individuals that will perform under this contract, including individuals employed by the

Contractor, team member, subcontractor, consultant, and/or independent contractor.

(b) The Contractor shall comply with the National Industrial Security Program Operating

Manual (NISPOM) for all work performed under this contract that involves access to classified information.

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

Public Law and is subject to criminal penalties.

Contractor Personnel

(a) The type of security investigation required will be governed by the type of information made available to Contractor personnel. Contractor personnel that require access to classified information will be processed through the National Industrial Security Program

(NISP). Contractor personnel that require access to unclassified information will be subject to a

Public Trust Investigation (PTI). Except where specifically noted otherwise (e.g., 1.1.2.4(a)), the

Government will be responsible for conducting the investigation and the cost of the investigation. All investigations will be conducted in accordance with applicable Executive

Orders, DOJ Orders, Office of Personnel Management (OPM) guidance, Homeland Security

Presidential Directive 12 (HSPD-12), and Federal Information Processing Standard Publication

201 (FIPS 201).

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

(c) The Contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the COTR and Security Programs

Manager (SPM), have received the requisite NSI Clearance or PTI security approval.

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

Contracting Officer, the COTR, or the SPM.

Access to Classified Information

(a) The Contractor shall possess a Defense Industrial Security Clearance Office (DISCO)

Defense Industrial Security Clearance Facility Code and a Top Secret Facility Clearance to fully perform this contract. As directed by the COTR and SPM, the Contractor shall submit the information necessary to allow the Government to prepare and obtain for the Contractor a

"Department of Defense Contract Security Classification Specification" (DD Form 254) for this contract. Where such clearance is required, the Contractor agrees to provide information and access to Contractor facilities as may be required by Government investigators.

(b) Immediately after contract award (or receipt of the required Facility Clearance), the

Contractor’s Facility Security Officer (FSO) shall furnish to the COTR a list of all personnel proposed to work under this contract who have been processed through the NISP by the Defense

Security Service (DSS). The Contractor shall update this information as individuals are added or deleted from the contract and the FSO shall provide the updated list to the COTR.

(c) For each contract employee that requires access to classified information under this contract, the Contractor shall forward a Visit Authorization Request (VAR) or a copy of the Joint

Personnel Adjudication System (JPAS) Personnel Summary printout indicating the current background investigation information and clearance level.

Access to Unclassified Information

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

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

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

(2) Moderate Risk. Moderate risk positions are those positions that have the potential for moderate to serious impact on the integrity and efficiency of the

DOJ. Duties involved are very important to the DOJ or program mission with significant program responsibility or delivery of services.

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

Department.

Pre-Appointment Background Investigations and Waivers

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

A waiver will be disapproved if it develops derogatory information that cannot be resolved in the contract employee’s favor. When a waiver has been disapproved, the COTR, in consultation with the SPM, will determine (1) whether the contract employee will no longer be considered for work on a DOJ contract or (2) whether to wait for the completion and favorable adjudication of the background investigation before the contract employee commences work on a Department contract. The minimum pre-appointment investigative requirements are as follows:

(1) High Risk Positions. The minimum background investigation required is a five year scope Background Investigation (BI), and the five year reinvestigation required is an Access National Agency Check with Inquiries (ANACI). The

Standard Form (SF) 85P, Questionnaire for Public Trust Positions, is required.

(2) Moderate Risk Positions. The minimum background investigation required is a Minimum Background Investigation (MBI) for “moderate” impact on the integrity and efficiency of the DOJ or a Limited Background Investigation

(LBI) for “serious” impact potential on the DOJ’s integrity and efficiency. The five year reinvestigation required is a National Agency Check with Law and

Credit (NACLC). The SF-85P is required.

(3) Low Risk/Non-Sensitive Positions. The minimum background investigation required for Low Risk/Non-Sensitive positions is a National Agency

Check with Written Inquiries (NACI) and the required five year reinvestigation is also a NACI. The SF-85, Questionnaire for Non-Sensitive Positions, is required.

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

(1) Favorable review of the security questionnaire form;

(2) Favorable FBI fingerprint results;

(3) Verification of citizenship (copy of a birth certificate, Naturalization

Certificate, or U.S. Passport);

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

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

Risk positions; and

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

Required Security Forms

(a) The following forms must be completed and submitted by the Contractor’s Corporate

Security Officer for each contract employee PTI:

(1) FD-258 Applicant Fingerprint Card. Two sets are required per applicant.

The Contractor may schedule appointments with the SPM to be digitally fingerprinted; otherwise, fingerprinting by the FBI is required. All pertinent information must be completed by the individual taking the prints, or by the FBI if prints are taken there.

(2) SF-85 Questionnaire for Non-Sensitive Positions -or- SF-85P

Questionnaire for Public Trust Positions. The contract employee shall complete the SF-85/SF-85P via the Electronic Security Questionnaires for Investigations

Processing (e-QIP) System after first obtaining access to e-QIP from the SPM

(see paragraph (c) below). The Contractor shall also submit a hard copy of the form (as completed and signed by the contract employee) with the remainder of the security package.

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

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

(5) Confidentiality Agreement for Contractor and Subcontractor Employee.

See Separate Section H clause for confidentiality requirements.

(b) The Contractor shall also submit a credit report for each individual designated at the

High Risk or Moderate Risk level, and have resolved satisfactorily any individual credit issues.

(c) Using e-QIP. Immediately after contract award, the Contractor shall designate an employee as its “e-QIP Initiator” and provide the name of this person to the COTR. The e-QIP

Initiator must have, at a minimum, a favorably adjudicated MBI and the appropriate DOJ security approval before being given access to e-QIP. After the e-QIP Initiator’s security approval is granted, the Contractor will be configured in e-QIP as a sub-agency to DOJ. The

Contractor will then be responsible for initiating all contract personnel in e-QIP for completion of the security questionnaire form and forwarding the electronic form along with a hard copy of the form (as completed and signed by the contract employee) with the remainder of the security package to the designated DOJ representative. Subject to the prior approval of the SPM, the

Contractor may designate an e-QIP Initiator for each subcontractor. Subcontractor e-QIP

Initiators must have, at a minimum, a favorably adjudicated MBI and the appropriate DOJ security approval before being given access to e-QIP.

Citizenship and Residency Requirements

(a) Residency Requirement. Contract employees, both United States (U.S.) citizens and non-U.S. citizens, must meet the Department’s Residency Requirement, i.e., he/she must have lived in the U.S. three of the last five years immediately prior to employment under the

Department contract; and/or worked for the U.S. overseas in a Federal or military capacity;

and/or be a dependent of a Federal or military employee serving overseas. At the Department’s sole discretion, the residency requirement may be waived by the Department Security Officer

(DSO) on a case-by-case basis where justified by extenuating circumstances.

(b) Citizenship. The DOJ gives strong priority to contract employees that are U.S.

citizens and nationals. Any prospective contract employee that is a foreign national must be from a country allied with the U.S. (See http://www.opm.gov/employ/html/Citizen.htm). At the

Department’s sole discretion, a waiver of the allied nations list requirement may be granted by the DSO on a case-by-case basis where justified by extenuating circumstances. The Contractor is responsible for verifying that all non-U.S. citizens working under this contract have been lawfully admitted to the U.S. Contract employees requiring access to DOJ Information

Technology (IT) resources are subject to the following additional restriction:

Non-U.S. citizens are not authorized access to or permitted to assist in the development, operation, management or maintenance of DOJ IT systems unless a waiver has been granted by the Head of the DOJ component, with the concurrence of the DSO and the

DOJ Chief Information Officer (CIO). Such a waiver will be granted only in exceptional and unique circumstances. It should be noted that the Justice Consolidated Office

Network (JCON) is a sensitive “DOJ IT system” and any contract employee that will need access to JCON must be a U.S. citizen or have received a waiver.

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

Procedures for Pre-Screening Applicants and Investigation

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

(1) Furnish to each proposed contract employee the forms described in

Section 1.1.2.2 above and ensure that adequate instructions for completing the forms are provided to each applicant.

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

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

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

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

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

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

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

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

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

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

(5) Notify the Contractor of the results of background investigations as they are completed and adjudicated. The COTR will notify the Contractor of any applicants who are found ineligible for employment security approval so that the

Contractor can immediately recruit and initiate paperwork to clear replacement applicants.

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

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

(c) The investigating agency will furnish the relevant SPM the results of each proposed contract employee’s investigation through issuance of a Certificate of Investigation (COI). Upon receipt of the COI and any other pertinent documents from the investigating agency, the SPM will determine whether or not each proposed contract employee should be granted employment security approval. This decision process is called “adjudication.” The SPM will notify, if required, the investigating agency of the adjudicative determination of each investigation. If

OPM is the investigating agency, this will be accomplished by the SPM completing and submitting to OPM an INV Form 79A, “Report of Agency Adjudicative Action.”

Identity Proofing and Badging.

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

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

(1) Contract employees must present two forms of identification in original form prior to commencement of work under this contract and badge issuance

(acceptable documents are listed in Form I-9, OMB No. 1615-0047, “Employment Eligibility Verification,” and at least one document must be a valid

State or Federal government-issued picture ID);

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

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

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

(2) Building access badges shall be subject to periodic review by the Contractor's

Supervisor and checked against the employee's personal identification. The contract employees shall present themselves for the issuance of renewed badges when required by the Government as scheduled by the COTR or his designee. The Contractor shall notify the COTR when employee badges are lost, and must immediately apply for reissuance of a replacement badge.

The Contractor shall pay for reissued building access badges. It is the Contractor's responsibility to return badges to the COTR or his designee when a contract employee is dismissed, terminated or assigned to duties not within the scope of this contract.

Replacement Personnel

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

(b) The fact that the Government performs security investigations shall not in any manner relieve the Contractor of its responsibility to assure that all personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the Government render ineligible a Contractor furnished employee, the Contracting

Officer will investigate the cause and determine whether the Contractor has abdicated its responsibilities to make every effort to select reliable employees of reputable background and sound character. Should there be need to replace a contract employee due to nonperformance, the Contracting Officer will determine whether the Contractor has abdicated its responsibilities to make every effort to select trained and experienced employees.

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

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

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

The rights and remedies conferred upon the Government by this Clause are in addition to all and other rights and remedies specified elsewhere in this contract or established by law

Contractor Facility

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

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

Contractor personnel.

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

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

Grand Jury information containing classified NSI must be handled, processed, and stored in accordance with Executive Order 12958, as amended, or its successor.

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

SPM, COTR or COTR designee.

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

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

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

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

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

Automation Equipment and Media Materials

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

Government will not compensate the Contractor for the costs of these media materials.

(b) At the conclusion of the contract period, the Contractor shall sanitize all other media which has been used in connection with contract work, such as PC hard drives and memory, network server hard drives and memory, etc. according to DOJ approved procedures. For example, the Government will require the Contractor to degauss all such media, or to write over the media a specified number of times (e.g., five times using software such as Norton Disk

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

Contractor for the cost of this effort.

(c) If any PCs, hard drives, memory, servers, etc. used in connection with the contract become defective during the contract performance period, the Contractor must either turn the media over to the Government for destruction, or sanitize the media in accordance with

Government approved procedures and certify the sanitization. This also applies, of course, to equipment/media the Contractor chooses to sell or dispose of for other reasons. The Government will not compensate the Contractor for the cost of this effort.

(d) The Government reserves the right to inspect any equipment/media certified by the

Contractor as having been degaussed or sanitized.

(e) The Contractor must ensure that sensitive/classified information does not remain on the storage media, including hard disks and floppy disks, when the PC is removed from the

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

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

Data Communications

(a) The Contractor is responsible for ensuring the security of all data transmitted internally (e.g., within and between Contractor facilities) and data transmitted between the

Contractor and its subcontractors. For transmission of sensitive, non-classified data, the COTR may require the data to be encrypted in compliance with Federal Information Processing

Standard (FIPS) 46-2, Data Encryption Standard (DES) and "Security Level 1" of FIPS 140-1, Security Requirements for Cryptographic Modules, or their successors.

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

Security of Systems and Data Including Personally Identifiable Data

A. Systems Security

The work to be performed under this contract requires the handling of data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.

For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice systems, including but not limited to all

Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor’s systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the DOJ Office of the Inspector General for its reviews.

The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the contracting officer (CO) certifying the following requirements:

1. Laptops must employ encryption using a NIST Federal Information Processing

Standard (FIPS) 140-2 approved product;

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

3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism.

4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department.

5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product;

6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ;

7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts;

8. Rules of behavior must be signed by users. These rules shall address at a minimum:

authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information;

All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor’s project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work.

Data Security

By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer’s technical representative (COTR).

If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team

(DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach.

The contractor shall also notify the CO as soon as possible during regular business hours.

Personally Identifiable Information Notification Requirement

The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department 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 the contractor shall be coordinated with, and be subject to the approval of, the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department’s Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

Pass-through of Security Requirements to Subcontractors

The requirements set forth in Systems Security, Data Security, and Personally Identifiable

Information Notification Requirement above, apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.

Confidentiality of Data

(a) Duplication or disclosure of the data and other information to which the contractor will have access as a result of this contract is prohibited. It is understood that throughout performance of this contract, the contractor will have access to confidential data which is either the sole property of the Department of Justice or is the sole property of other than the contracting parties. The contractor and his subcontractor(s) (if any) agree to maintain the confidentiality of all data to which access may be gained throughout contract performance, whether title thereto vests in the Department of Justice or otherwise.

(b) The contractor and his Subcontractor(s) (if any) agree to not disclose said data, any interpretations and/or translations thereof, or data derivative thereof, to unauthorized parties in contravention of these provisions, without the prior written approval of the Contracting Officer or the party in which title thereto is wholly vested. Subcontractors are subject to the same stipulations and may be held responsible for any violations of confidentiality.

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

(d) All Contractor and Subcontractor employees who will have access to materials will be asked to sign a Confidentiality Agreement (see Attachment 10). It is the responsibility of the

Contractor to assure that such Agreements have been signed before access to material is permitted.

Proprietary Rights

(a) Government Furnished Data and Materials. The DOJ shall retain all rights and privileges, including those of patent and copy, to all Government furnished data. The Contractor shall neither retain nor reproduce for private or commercial use any data or other materials furnished under this contact. The Contractor agrees not to assert any rights at common law or in equity or establish any claim to statutory copyright in such data. These rights are not exclusive and are in addition to any other rights and remedies to which the Government is otherwise entitled elsewhere in this contract.

(b) Contractor Produced Data and Materials. All property rights, including publication rights, in the information and materials produced by the Contractor in connection with this contract shall vest in the Government. Information and materials shall include: progress reports, computer software applications/data bases, software documentation, plans, systems analyses, reports, extracts, test data and procedures.

Organizational Conflicts of Interest - General

(a) The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph (b) below.

(b) The term "organizational conflict of interest" means a situation where a Contractor has interests, either due to its other activities or its relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the

Contractor, or in securing the advantages of adequate competition in its procurement.

(c) The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interests of the Government.

(d) In the event that the Contractor was aware of organizational conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting

Officer, the Government may terminate the contract at no cost to the Government.

Continuing Contract Performance During a Pandemic Influenza or Other National

Emergency

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 contractor's 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.