15JPSS25R00000088 Transcription Support Services.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

1 84

15JPSS

U.S. Department of Justice - JMD Procurement Services Staff 145 N St NE, Suite 8E-115 Washington, DC 20530

TBD 15JPSS25R0000088

See Block 7 2:00PM

Allison J. Polizzi allison.j.polizzi@usdoj.gov

2 - 4 8 - 9 10 - 15 16 - 23 79 - 84

66 - 78

24 - 55

10/3/2025

202 2853515

9/2/2025

57 - 65

15JPSS25R00000088 Transcription Support Services

SECTION B - SUPPLIES/SERVICES/PRICES

B.1 General

A. The Contractor shall provide all management and supervision, labor, and supplies necessary to perform all services necessary to support the Executive Office of Immigration Review (EOIR) as the primary and other DOJ Component Activities as specified herein. All work and services shall be performed in accordance with the terms and conditions of the resulting contract.

B. The proposed contract is expected to include a base period and four option periods as described in Table 1 below. The start date for the Base Period and the end date for Option Period 4 will be adjusted to reflect the actual contract effective and completion dates. See Section F for complete contract term and option information.

Table 1 - Contract Term Base Period 01/01/26 Through 12/31/26 Option Period 1 01/01/27 Through 12/31/27 Option Period 2 01/01/28 Through 12/31/28 Option Period 3 01/01/29 Through 12/31/29 Option Period 4 01/01/30 Through 12/31/30

C. Because the continuing provision of services is essential to continuity of the program, it is critical that contract start-up is accomplished in a well-planned, orderly, and efficient manner using the Phase In Plan provided by the Contractor in accordance with Section L.3.2 of the solicitation.

D. The performance of all work under this contract shall be initiated by the resulting contract signed by the Contracting Officer and contractors that meet the Best Value.

B.2 Contract Type

The Government anticipates awarding up to seven separate multiple award Indefinite-Delivery Indefinite-Quantity (IDIQ) contracts.

This is a Hybrid IDIQ Contract with Time and Material, Labor Hour, and Firm Fixed Price Contract Line-Item Numbers (CLINs). Contract Types for individual task orders will be determined at the Task Order level

B.3 Pricing

All prices are fixed unit prices that include all costs and profit necessary to provide the services specified in the contract. All contract unit prices shall be as specified in the CLIN pricing table.

The following definitions apply to the pricing tables:

A. All contract unit prices shall be as specified in the pricing table contained in Attachment 1. The basic CLIN structure includes a one-digit prefix and a four-digit number. The one-digit prefix of each CLIN represents the contract period, i.e., for the Base Period, the first digit for all CLINs is “0”, for Option Period 1, the first digit for all CLINs is “1”, etc. The first digit of the core number of each CLIN represents the Unit Price Table classification, i.e., “-1” indicates Twenty Business Days Delivery, “-2” indicates Ten Business Days Delivery, etc. The last three digits of each CLIN number represent the “unique identifier” of each CLIN.

B. The Contractor Program Manager (PM) is that contractor support required under PWS Section C.3.1. All PM related costs shall be recovered through the Contractor’s fully loaded rates included in the Attachment 1 pricing table. PM costs are not separately billable under the contract or any task order.

C. The contract unit prices included in the pricing table shall be firm fixed priced. All firm fixed unit prices must be fully loaded to include all costs (both direct and indirect costs) and profit necessary to provide the level of service specified in the contract and/or task order.

D. The following definitions apply to the pricing table:

1. Transcription Services - Reproduction of Government-owned recordings of immigration hearings. The final product will be submitted in: (1) original, hard copy (paper) format; (2) as an electronic document; or (3) both. Transcription will be in accordance with the directions specified in Sections C.3.4 and C.3.5.

2. Tape - Cassette tapes on which immigration hearings are recorded.

3. Electronic Medium – refers to the various media that may be used to electronically deliver dictated decisions (e.g., CDs, thumb drives, etc.)

4. Business Days - As defined in Section 3.18.

5. Government Site - The following address:

Executive Office for Immigration Review Board of Immigration Appeals 5107 Leesburg Pike Falls Church, VA 22041

6. Page - As defined in PWS Section 4.7 Transcription Format

E. There is no guarantee that actual quantities ordered during the term of the contract will be the same as in the CLIN pricing table.

Minimum and Maximum Amounts

A. The Department will order a minimum amount of $50,000.00 under each awarded contract.

The Department will have the entire term of the contract (to include all options) to fulfill the contract minimum. The specific CLINs and quantities will be identified in the task order(s) issued under the contract. The exercise of the renewal options (see Section F.2) does not re-establish the contract minimum. During the life of this contract, the Department may order items in any quantity up to the maximum amount specified in paragraph B, below. If the minimum amount has not been ordered, then the Department will exercise the option for the next year.

B. There are no maximum quantities or amounts for each individual CLIN, task order, or contract period. The maximum aggregate amount of all task orders issued under all awarded contracts will not exceed $75,000,000.00 for the entire term of the contracts, including all options which may be exercised.

Price Adjustments Under the Service Contract Labor Standards

A. This contract is subject to the provisions of 41 U.S.C. chapter 67, Service Contract Labor

Standards (formerly known as the Service Contract Act (SCA) of 1965, (see Section I, clause 52.222-41). The Government will not be liable to the Contractor for any additional/increased sums/costs for which the Contractor may become liable to its employees as a result of a failure by the Contractor to properly conform or exempt its employees to the labor classifications stated in the applicable Department of Labor (DOL) Wage Rate Determinations. Final determinations as to the proper conformance or exemption of Contractor employees under the Service Contract Labor Standards will be the responsibility of the DOL.

B. No price (fixed unit prices) adjustments will be made during the base period of this contract to any CLINs unless they are subject to price adjustment under FAR Clause 52.222-43.

C. For any option periods which are exercised by the Government, all price adjustments shall be limited to, and in accordance with FAR clause 52.222-43, entitled "Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multi-year and Option Contracts)", incorporated by reference into Section I of the contract. The Government will utilize the supporting data contained in the Contractor's proposal to verify any increase or decrease in the contract fixed unit price(s) which may be claimed by the Contractor as a result of a revised wage determination for any option period which may be exercised by the Government. The fixed rates will be adjusted to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with, or the decrease is voluntarily made by the Contractor as a result of the DOL wage determination applicable at the beginning of the option period. As stated in Clause 52.222-43, any adjustment will be limited to increases or decreases in wages and fringe benefits as described in the clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

D. The majority of the work to be performed on this contract will be accomplished at the contractor’s facilities. Therefore, the Contractor shall provide and utilize the DOL Wage Determination that applies to its location.

SECTION C - STATEMENT OF WORK

C.3 See Attachment 2 PWS Transcription Services IDIQ

C.3.1 See Attachment 2A Appendix 1 – eTranscription Technical Specification for Vendors

C.3.2 See Attachment 2B Appendix 2 – Security and Privacy Risk Assessment Template 2023

SECTION D - PRESERVATION, PACKAGING AND MARKING

D.1 Payment of Postage and Fees

All postage and fees related to submitting information to the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) shall be paid by the Contractor.

D.2 Preservation, Packing, and Marking

a. All information submitted to the CO, the COR, or the Ordering Official shall include the contract number.

b. Unless otherwise specified, all material shall be preserved, packaged, and packed in accordance with normal commercial practices to ensure acceptance by common carrier and safe arrival at destination.

SECTION E - INSPECTION AND ACCEPTANCE

Clauses Incorporated by Reference (FAR 52.252-2, FEB 1998)

This contract incorporates the following clauses from the Federal Acquisition Regulation (48 CFR Chapter 1) by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/

Clause No. Title FAR 52.246-4 Inspection of Services - Fixed-Price (AUG 1996) http://www.acquisition.gov/far/

SECTION F - DELIVERIES OR PERFORMANCE

Clauses Incorporated by Reference (FAR 52.252-2, FEB 1998)

This contract incorporates the following clauses from the Federal Acquisition Regulation (48 CFR Chapter 1) by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/.

52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991)

F.1 Term of Contract

The Contractor shall complete its phase-in activities (see L.3.2) no later than December 31, 2025.

The period of performance of the contract shall commence on January 1, 2026, and end on December 31, 2026 for the Base Period. The four additional option periods of 12 months each may be exercised at the discretion of the Government. Phase-in period is not part of the 60 months.

F.2 Option to Extend Services (FAR 52.217-8) (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six months.

The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

F.3 Option to Extend Term of Contract (FAR 52.217-9) (MAR 2000)

A. The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

B. If the Government exercises this option, the extended contract shall be considered to include this option clause.

C. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

F.4 Place of Delivery

All items to be delivered to the Government shall be sent to the address identified in Paragraph G.1.g unless otherwise specified.

F.5 Place of Performance

This contract requires performance at both Contractor and Government sites with the specific location for performance of work designated by the COR. Government location may be 6810 Loisdale Road Springfield, VA 22150 and/or 5107 Leesburg Pike Suite [unknown], Falls, Church, VA 22041.

The contactor must be located within the Washington, DC metropolitan area within a reasonable commuting distance from the main office located at: 175 N Street, NE, Washington, DC 20530

F.6 Delivery Times

A. The required services are needed on a daily basis and contractors are expected to report in from their location daily.

B. The term “working days” as used herein is defined as Monday through Friday excluding the

Federal Government Holidays listed below. The holidays listed below are the only holidays that are recognized under this contract.

• New Year’s Day

• Birthday of Martin Luther King, Jr.

• Washington’s Birthday

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

• Inauguration Day (every fourth year) in Washington DC metro area only

C. In addition to the aforementioned holidays, there may be certain types of irregularly occurring circumstances that prompt the Government to close the office(s) listed in Section F.5 (e.g., bomb threats, inclement weather, power outages, death of a national figure, funding lapses, or other similar circumstances); such closures are not counted as a working day.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer’s Representative (COR)

A. A COR will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, he/she shall not be authorized to change any terms and conditions of the contract, including price.

B. The performance of work required herein will be subject to the technical direction of the COR with respect to technical matters pertaining hereto. As used herein, “Technical Direction” is direction to the Contractor which fills in details, suggests possible lines of inquiry, or otherwise clarifies the scope of work. “Technical Direction” must be confined to the general scope of work set forth herein and will not constitute a new assignment, nor supersede or modify any other clause of this contract. To be valid, technical direction:

1. Must be issued in writing consistent with the general scope of work set forth in the contract;

2. Will not change the expressed terms, conditions, or specifications incorporated into this contract; and

3. Will not constitute a basis for extension to the contract delivery schedule or contract price.

C. The COR is authorized to:

1. Act as liaison and to coordinate contractor/government activities;

2. Arrange for and coordinate the use of government resources (personnel, space, documents, etc.);

3. Provide technical guidance in the performance of the contract; and

4. Receive, review, and approve (but not reject or deny) progress reports, selected invoices and final reports or other functions of a technical nature.

D. Any function explicitly assigned to the COR by this contract may be specifically delegated in writing by the COR to an Alternate Contracting Officer’s Representative (ACOR), except the authority to approve any modifications to a task order or work order.

E. The COR has the responsibility to inspect all deliverables and authorization to certify (but not to reject or deny) invoices for payment in accordance with Section G.4. The authority to reject or deny performance and associated invoice payment is reserved for the COR.

F. The COR does not have the authority to alter the Contractor’s obligations under the contract;

direct changes that fall within the purview of the clause entitled “Changes” and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work Statement, the Contracting Officer will issue such changes in writing and signed.

G. The COR assigned cognizance of this contract is:

TO BE COMPLETE UPON AWARD

H. A copy of all written communications will be concurrently mailed or otherwise furnished to the Contracting Officer at the address set forth in Clause G.2.

G.2 Contract Administration

A. The Contracting Officer has the overall responsibility for the administration of this contract.

He/she alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the Contracting Officer may delegate certain other responsibilities to his/her authorized representative.

B. This contract will be administered by:

TO BE COMPLETED AT TIME OF AWARD

U.S. Department of Justice Procurement Services Staff 2 Constitution Square, Room 8E-XXX 145 N Street, NE Washington, DC 20530

C. Written communications shall refer to the contract number and shall be mailed to the above address.

G.3 Contractor Representative

The Contractor’s Representative to be contacted for all contract administration matter is:

Name: **

Address: **

Telephone: **

E-mail: **

**TO BE COMPLETED BY THE CONTRACTOR

G.4 Security Programs Manager (SPM)

Upon Task order award, the government will designate a Security Programs Manager (SPM) to coordinate those aspects of this Task order which pertain to obtaining and maintaining security clearances at the appropriate levels for contractor personnel performing hereunder.

During the post-award phase of this Task order, the SPM is responsible for performing the following duties:

A. Provide the Contracting Officer with the appropriate contractor personnel security screening requirements (including waiver requirements, if appropriate) and background investigation (BI) requirements for obtaining services of non-federal employees under the resultant Task orders.

B. Determine the risk level for each contractor position. The risk level must be based on an overall assessment of the damage that an untrustworthy contractor could cause to the efficiency or the integrity of Departmental operations. The SPM shall provide this information to the Contracting Officer for inclusion in the resultant Task order.

C. Certify that the personnel security requirements of the Task order are adequate to ensure the security of Departmental operations, information, and personnel. The SPM shall provide this written certification to the Contracting Officer.

The SPM for this contract is:

TBD

The personnel security requirements of this contract are set forth in the Section I of this contract.

Following award of this contract, the SPM shall ensure that the personnel security requirements set forth herein are followed. In addition, the SPM shall comply with the supplemental guidelines provided to him or her by the Contracting Officer.

G.5 Payment

G.5.1 General Invoice Requirements

A. The Contractor shall render invoices monthly, in an original and one copy to the COR at the address listed in Section G.1.g. To constitute a proper invoice, the following information and/or attached documentation shall be included with the invoice (as applicable):

1. Name and address of the Contractor;

2. Invoice date;

3. Contract number;

4. Order number;

5. Period covered by the invoice;

6. CLIN number and description, quantity, unit price and extended total for the period covered;

7. Cumulative amounts billed by CLIN to date;

8. Shipping and payment terms;

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

10. Taxpayer Identification Number; and

11. UEI Number.

B. The COR will have seven working days to certify the invoice for payment and forward the invoice to the Finance Office specified in paragraph (c) below for payment. Negative inspection results will be reported to the contractor within the seven days.

C. The office that will make the payments due under this contract (i.e., the designated payment office) is:

Executive Office for Immigration Review Board of Immigration Appeals 5107 Leesburg Pike Falls Church, VA 22041

D. All follow-up invoices shall be marked "Duplicate of Original." Contractor questions regarding payment information or check identification should be directed to the ordering agency’s designated payment office unless otherwise specified in the work order.

G.5.2 Interest on Overdue Payments

A. The FAR clause entitled “Prompt Payment” (see Section I.1, Clause 52.232-25) is applicable to payment under this contract and requires interest on overdue payment and improperly taken discounts. Determinations of interest due will be made in accordance with the provisions of the prompt payment clause as modified by paragraph B, below.

B. Subdivision (a)(5)(i) of the Prompt Payment clause is modified to specify the following period for constructive acceptance by the Government. The Government agrees to inspect and determine the acceptability of services rendered in accordance with the PWS and Section G.4.1 of this contract. For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur on the last day of the above stated inspection period. However, the Contractor is not entitled to payment of contract amounts or interest unless and until actual, or provisional, acceptance occurs. If the services are deficient, the provisions of this clause will apply to the date the Contractor corrects the deficiencies in services.

G.6 Invoice Follow-ups

All follow-up invoices shall be marked “Duplicate of Original.” Contractor questions regarding payment information or check identification should be directed to the DOJ Vendor Assistance Hotline (202) 616-6260.

G.7 Ordering Officials

A. Only the Justice Management Division (JMD), Procurement Services Staff (PSS) is authorized to place task orders directly with the Contractor.

B. The following DOJ components are hereby authorized to place work orders (under the task orders issued by PSS) directly with the Contractor under this contract:

• Justice Management Division, Procurement Services Staff

G.8 Ordering Procedures

A. This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

B. Services to be furnished under this IDIQ shall be ordered or confirmed by the placement of a

Task order by the Contracting Officer as set forth in this Section. Such orders may be issued anytime during the term of this contract. All Task orders will be issued in writing. All Task orders are subject to the terms and conditions of this IDIQ. In the event of a conflict between a Task order and this IDIQ, the IDIQ shall control. The Government will issue Task Orders for those segments of work defined in the contract. The Task Orders shall be the specific instruments for specific work performance.

C. Only the Justice Management Division, Procurement Services Staff (PSS), or other DOJ office as specifically designated by PSS, is authorized to place orders directly with the Contractor.

D. Any order issued during the effective period of the contract and not completed within that period shall be completed by the Contractor within the time specified in the order. In such instances, the contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period.

Task orders executed under the IDIQ shall not extend beyond 365 days (one year) after the IDIQ’s expiration date.

E. Funds for services to be provided under this contract will be obligated by each Task order. For Task orders issued on a T&M/ LH basis or FFP, funds will be obligated as a not-to-exceed (NTE) amount. The Government shall not be obligated to pay the Contractor any amount in excess of the NTE amount identified in the Task order, and the Contractor shall not be obligated to continue performance if to do so would exceed the NTE amount unless and until the Contracting Officer shall have notified the Contractor in writing that the Task order amount has been increased and shall have specified in the notice a revised NTE amount.

F. There is no limit on the number of orders that may be issued against this contract, if and when needed within the maximum ordering quantity of $75M. The government may issue orders requiring delivery to multiple destinations or performance at multiple locations. There are no minimum or maximum dollar amount limitations for individual Task orders placed under this IDIQ. The (cumulative) ceiling amount of all orders placed under this contract is estimated to be $75 Million.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Prohibition Against Soliciting and Performing Personal Services

a. The performance of personal services under this contract is strictly prohibited.

b. Personal service contracting is described in Section 37.104 of the Federal Acquisition

Regulations (FAR). There are several factors, when taken individually or collectively, which may constitute personal services. Each contract arrangement must be judged in light of its own facts and circumstances, but the question relative to personal services is: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing this contract?

c. The Government and the Contractor understand and agree that the support services to be delivered under this contract are nonpersonal services in nature; that is, no employer-employee relationships exist or will exist under the contract between the Government and the Contractor or between the Government and the Contractor’s employees.

d. Contractor personnel under this contract shall not:

a. Be placed in a position where they are appointed or employed by a federal employee, or are under the supervision, direction, or evaluation of a federal employee.

b. Be placed in a federal staff or policy making position.

c. Be placed in a position of supervision, direction, or evaluation over DOJ personnel, or personnel of other contractors, or become a part of a government organization.

d. Employee Relationship

1. The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the Government.

2. Rules, regulations, direction, and requirements which are issued by DOJ management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

3. The Contractor shall immediately advise the Contracting Officer if the Contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.

e. Contractor Management Responsibility. The Contractor shall appoint an authorized representative for technical and administrative performance of all services required hereunder. The authorized representative shall be the point of contact through which all

Contractor/Government communications, work, and technical direction shall flow. The authorized representative shall receive and execute, on behalf of the Contractor, such technical direction as the COR may issue within the terms and conditions of the contract.

All administrative support of Contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the Contractor.

H.2 Confidentiality of Data

H.2.1 General Confidentiality Provisions

a. The Department will provide the Contractor with all information and documents within its possession that may be necessary to bring suit to collect the debts referred to it. All case files and electronic databases containing information relating to the collection of debts referred to the Contractor shall be considered a system of records within the meaning of the Privacy Act and the Contractor shall institute appropriate safeguards as required by that Act.

Contract data shall not be accessed by the Contractor in connection with other collection efforts involving the same debtor under another contract.

b. Duplication or disclosure of the data and other information to which the

Contractor will have access as a result of this contract is prohibited. The terms “Contractor” and “contract employee” in this clause include all entities and individuals that will perform under this contract, including the Contractor and Contractor employees. It is understood that throughout performance of this contract, the Contractor will have access to confidential data which is either the sole property of the Department of Justice or is the sole property of other than the contracting parties. The Contractor agrees to maintain the confidentiality of all data to which access may be gained throughout contract performance, whether title thereto vests in the Department of Justice or otherwise. “Data” in this context also includes any information about the cases or investigations the Contractor is working on, including the names and subject matters of the cases or investigations. The Contractor shall restrict access to data provided by the Department to individuals who are engaged in collection and judgment enforcement activities on behalf of the Department under this contract and agrees not to disclose or divulge any such information except to persons who:

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

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

c. The Contractor agrees to not disclose said data, any interpretations and/or translations thereof, or data derivative therefrom to unauthorized parties in contravention of these provisions, without the prior written approval of the

ACO or the party in which title thereto is wholly vested. The Contractor may be held responsible for any violations of confidentiality.

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

e. All contract employees who will have access to confidential data will be asked to sign a Non- Disclosure Agreement (Attachment 10). It is the responsibility of the Contractor to assure that such Agreements have been signed before accessing confidential data. The Contractor shall submit original signed forms to the SPM.

H.2.2 Specific Confidentiality Provisions

If a representative of (i) the news media or (ii) a local, state or federal office (for example, a Congressional office) contacts contractor for information regarding this contract or any case assigned to contractor, contractor shall refer that representative to the local AUSA. The contractor shall not make any press release or otherwise make any public, out of court statements in connection with this contract unless prior written approval has been received from the CO.

H.3 Automation Equipment and Media Materials

a. At the conclusion of the contract period, all media materials used in conjunction with this contract shall be returned to the Department for destruction. This includes not only paper records, but also all removable, “consumable” media such as the Government-provided flash drive to be used in conjunction with the CDCS application, 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 Department for destruction.

b. Also, at the conclusion of the contract, 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 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 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.

H.4 Data Communications

a. The Contractor is responsible for ensuring the security of all data transmitted internally (e.g., within and between Contractor facilities) and data transmitted between the Contractor and its subcontractors. For transmission of sensitive, non-classified data, the COR may require the data to be encrypted in compliance with Federal Information Processing Standard (FIPS) 197, Advanced Encryption Standard (AES) and “Security Level 1” of FIPS 140-2, Security Requirements for Cryptographic Modules, or their successors.

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

H.5 Proprietary Rights

a. Government Furnished Data and Materials. 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.

H.6 Publicity

Publicity releases in connection with this contract shall not be made by the Contractor unless prior written approval has been received from the Contracting Officer.

H.7 Organizational Conflicts of Interest

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.

H.8 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting

Reporting of Waste, Fraud, and Abuse

None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information.

H.9 Contractor Certification of Compliance with Federal Tax Requirements

By submitting a response to this solicitation, the contractor certifies that, to the best of its knowledge, information and belief, the contractor has (a) filed all Federal tax returns required during the three years preceding the certification, (b) not been convicted of a criminal offense under the Internal Revenue Code of 1986, and (c) not been notified, more than 90 days before the subject certification, of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

H.10 Seniority Lists

If a contract is performed at a Federal facility where employees may be hired/retained by a succeeding contractor, the incumbent prime contractor is required to furnish a certified list of all service employees on the contractor’s or subcontractor’s payroll during the last month of the contract, together with anniversary dates of employment, to the contracting officer no later than 10 days before contract completion. At the commencement of the succeeding contract, the contracting officer shall provide a copy of the list to the successor contractor for determining employee eligibility for vacation or other fringe benefits which are based upon length of service, including service with predecessor contractors if such benefit is required by an applicable wage determination.

H.11 Department Policy on Domestic Violence, Sexual Assault and Stalking

a. It is the Department’s policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at http://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-sexualassault-stalking.pdf . Contractor agrees, at contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all contractor’s employees and employees of subcontractors who will be assigned to work on Department premises.

b. Upon contract award, the Department will notify contractor of the name and contact information for the Point of Contact for Victims of domestic violence, sexual assault, and stalking for the component or components where contractor will be performing. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contact.

http://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-sexualassault-stalking.pdf http://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-sexualassault-stalking.pdf

H.12 Standards of Conduct

A. The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. The Contractor shall also be responsible for ensuring that its employees and those of its subcontractor(s) do not disturb papers on desks, open desk drawers or cabinets, use Government telephones, except as authorized, or otherwise jeopardize the security and the privacy of Government employees, its clientele, and the contents and property of the federal building(s) in which the Task Order work is performed.

Each employee or supervisor of the contractor is expected to adhere to standards of behavior that reflect credit on themselves, their employer, and the Federal Government.

B. The Contractor shall be responsible for taking such disciplinary action, including suspension without pay or removal from the worksite, with respect to its employees, as may be necessary to enforce those standards.

C. Where applicable, the requirements of this clause must be expressly incorporated into subcontract(s) and must be applicable to all subcontractor employees who may perform recurring services or work at the federal building and grounds of this Task Order.

D. The Government retains the right to remove any employee of the Contractor from performing duties assigned at the federal building should the employee's conduct so warrant. The Government will request the contractor to immediately remove any employee of the contractor from the federal building/worksite should it be determined by the Contracting Officer that the individual employee of the contractor is "unsuitable" for security reasons or for otherwise being found to be unfit for performing his assigned duty at a federal building. The following areas (not all-inclusive) are considered justification for requesting the contractor to immediately remove an employee from a federal building/work site:

1) Neglect of assigned duty and refusing to render assistance or cooperate in upholding the integrity of the security programs at the worksite;

2) Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records;

3) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting; participation in disruptive activities which interfere with the normal and efficient operations of the Government;

4) Theft, vandalism, immoral conduct, or any other criminal actions;

5) Selling, consuming, or being under the influence of intoxicants, drugs, or controlled substances which produce similar effects;

6) Improper use of official authority or credentials, as a supervisor or employee of the

Contractor;

7) Violation of agency and Contractor security procedures and regulations; and

8) Violation of the rules and regulations governing federal public buildings and grounds set forth in 41 CFR 101-20.3 Conduct on Federal Property.

E. Following a recommendation from an agency program official or security officer, the

Contracting Officer will make all determinations regarding the removal of any employee of the contractor from and denial/termination of clearance and access to the federal building worksite for non-performance, misconduct, or failure to abide by all laws and regulations. The Contracting Officer will verbally inform the Contractor about the employee, followed by a written confirmation or determination. Specific reasons for the removal of an employee will be provided to the Contractor in writing. In the event of a dispute, the Contracting Officer will make a final determination.

F. Upon a determination of the Government that an employee of the Contractor be removed from or denied access to a federal building worksite, the employee's clearance and access to the federal building must be immediately revoked or otherwise terminated. Furthermore, if applicable, the building pass and/or other access device(s) previously given to the employee must be immediately surrendered, returned, or delivered to the security officer of the federal building.

SECTION I – CONTRACT CLAUSES

Clauses Incorporated by Reference (FAR 52.252-2, FEB 1998)

This contract incorporates the following clauses from the Federal Acquisition Regulation (48 CFR Chapter 1) by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government…