2. Additional Clauses.pdf

(Attachment # 2)

REQUEST FOR QUOTE

CRYPTOCURRENCY MANAGEMENT AND DISPOSAL SERVICES

SOLICITATION NO.: 15M50023QA4400002

ADDITIONAL CLAUSES

1. GOVERNMENT HOLIDAYS

The following is a list of Federal Holidays observed by the Government:

New Year’s Day (JAN 1) Labor Day (1st Monday in SEPT) Martin Luther King’s Birthday (3rd Monday in JAN) Columbus Day (2nd Monday in OCT) Washington’s Birthday (3rd Monday in FEB) Veterans Day (NOV 11) Memorial Day (last Monday in May) Thanksgiving (4th Thursday in NOV) Juneteenth National Independence Day (JUN 19) Christmas (DEC 25) Independence Day (JUL 4)

2. GOVERNMENT’S RIGHT OF RECOVERY

The contractor shall be responsible for all Government property in its custody. Any incidents of damage or loss shall be reported to the COR immediately and shall be followed up in writing within one working day. The Government may receive benefits of any insurance the Contractor may carry which provides for the indemnification of any loss or destruction of, or damage to property in the custody and care of the Contractor, where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

3. CONFIDENTIAL INFORMATION

The contractor shall keep confidential information related to the seizure/forfeiture of virtual currency. The contractor shall refer requests for information, subpoenas, or dispositions to the COR.

4. DOCUMENTATION AND FILES

Upon request, or within thirty (30) days of notice, if the contract is terminated for any reason, the contractor shall deliver to the Contracting Officer (CO) all systems, both automated and manual, forms, manuals, files, records, procedures, documents and all other operational materials developed for performing this contract.

5. NOTICE OF PROHIBITION

The contractor will assist the USMS in complying with the provisions of the Comprehensive Crime Control Act of 1984, regarding the prohibition of sale of forfeited property to a defendant or a person acting as his agent. The contractor shall provide notice to prospective purchasers as to the prohibition.

CRYPTOCURRENCY MANAGEMENT AND DISPOSAL SERVICES

6. PROHIBITED PARTIES

The contractor, its employees, and their families and/or persons acting for and/or on behalf of the contractor are prohibited from bidding on any property offered for sale by the United States Government.

7. SECURITY SCREENING REQUIREMENTS FOR CONTRACTOR EMPLOYEES

a) All personnel employed by the contractor in support of this procurement are entrusted with virtual currencies which represent a significant asset to the U.S. Government. In order to protect these assets, the Government has a right to expect that contractors will employ persons of integrity and trust. To ensure that this is the case, contractors will conduct background screening of their employees prior to assignment of this contract, to determine any record of past criminal history.

b) The USMS Security Programs Manager has evaluated the Public Trust Risk level for each position under the contract. The contractor’s employees will not be permitted to have unescorted access to USMS facilities, and will not be provided access to sensitive USMS information. Accordingly, the contractor’s employees pose a limited threat to the facilities and sensitive information of the Governments. While they will have access to significant USMS assets, they are determined to be at the No Risk Public Trust level.

The Government will not normally conduct an independent background investigation of the contractor’s employees, but reserves the right to review the criminal history of any individual working on this contact, as deemed necessary.

c) The contractor is responsible for pre-screening all prospective employees for suitability for work on any resulting contract and for assuring that all such persons do not have a criminal history which could preclude their being entrusted with Government assets.

d) This Clause will also apply to all subcontractors employed under or in support of this contract.

8. FUNDING

a) Orders will be funded from the Assets Forfeiture Division to support the Department's

Asset Forfeiture Program. However, Department of Justice components agencies with related law enforcement missions may fund and issue separate orders approved in advance by the AFD COR. All services must be available within the scope of the PWS and have appropriate funding. The requiring office for orders not funded by the Asset Forfeiture Division must coordinate with AFD’s COR for this contract prior to sending the requirement for approval. Any requirements not funded by the AFD program must have an appointed COR and Contracting Officer to award and administer the order prior to approval by the AFD COR.

CRYPTOCURRENCY MANAGEMENT AND DISPOSAL SERVICES

9. ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR

CONTRACT AWARD AND ADMINISTRATION

a) Contracting Officer (CO):

(a) The CO has the overall and primary responsibility for the administration of this contract. CO alone, without delegation, is authorized to take actions on behalf of the Government to: modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules;

make final decisions involving deductions from contract payments or other consideration due to the Government, for nonperformance or unsatisfactory performance, whether or not in dispute; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.

b) Contracting Officers Representative (COR):

(a) Upon award, the Government will designate a COR. The COR will be an employee of the Department of Justice. The COR will have overall project management and oversight responsibilities, and will coordinate the technical aspects of this contract. The COR will 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 shall be subject to the technical direction of the cognizant Contracting Officer's Technical Representative (COR) or his designee 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 supplements the scope of work. "Technical Direction" must be confined to the general scope of work set forth herein and shall not constitute a new assignment, nor supersede or modify any other Clause of this contract. To be valid, technical direction:

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

2. Shall not be generally used a means for daily tasking and workload assignment;

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

4. Shall not constitute a basis for extension to the contract delivery schedule or contract price.

CRYPTOCURRENCY MANAGEMENT AND DISPOSAL SERVICES

10. TASK ORDERS

a) Master Task Order

All services will be ordered via master task order, Optional Form 347. A master task order is the official obligating document issued by the Contracting Officer that obligates a maximum dollar amount under which sub-task orders are issued by the COR. The contractor shall only invoice for supplies and services authorized via sub-task order. The master task order provides the contractor the following:

(1) date of order

(2) contract number and order number

(3) for supplies and services, contract item number and description, quantity, and unit price

(4) delivery or performance schedule

(5) place of delivery or performance

(6) any packaging, packing, and shipping instructions

(7) accounting appropriation data

(8) method of payment and payment office, if not specified in the

The contractor shall not exceed the maximum dollar amount of a master task order without prior written notice from the Contracting Officer. The contractor shall notify the Contracting Officer when 75% of the master task order has been met.

11. INVOICE

a) The Contractor shall submit an original invoice and two (2) copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number, contract line item number and, if applicable, the order number;

(4) Contract Line Item Number (CLIN), Description, quantity, unit of measure, unit price and extended price of the items delivered;

(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(6) Terms of any discount for prompt payment offered;

(7) Name and address of official to whom payment is to be sent;

(8) Name, title, and phone number of person to notify in event of defective invoice; and

(9) Taxpayer Identification Number (TIN). The Contractor shall include its

TIN on the invoice.

CRYPTOCURRENCY MANAGEMENT AND DISPOSAL SERVICES

(i) EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(ii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(b) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

12. INVOICE REQUIREMENTS

a) Invoicing and Payments

(1) The Contractor will submit an original invoice to the COR or designee by the 10th of each month.

(2) Each invoice will contain a cover sheet with the following information:

(i) See Attachment # 10

(4) Supporting documentation for material cost, to include original supplier's invoices.

1. Invoices shall be submitted on a monthly basis only and must be submitted in accordance with the Invoice Requirements of the

13. CUSTOMER SERVICE

The Contractor shall ensure that all guidelines and operating procedures for quality assurance/control are met as required by the Cryptocurrency Management and Disposal Services contract and COR. The Contractor shall develop and implement additional quality assurance/control procedures as necessary to ensure all work performed is in accordance with standards prescribed for the duration of the Cryptocurrency contract, and the Contractor shall stress and incorporate measures to ensure the importance of quality control and quality assurance.

ADDITIONAL CLAUSES