70RDAD22C00000001.pdf

03/29/2022

Department of Homeland Security 70RDAD22C00000001

SECTION I – SUPPLIES OR SERVICES AND PRICE/COST

1.0 CONTRACT TYPE

This is a Firm Fixed Price (FFP) contract.

2.0 SCHEDULE B

TASK ORDER CLIN 0001- 3/30/2022 - 12/31/2022

SUPPLIES/SERVICES CLIN TYPE UNIT QUANTITY UNIT PRICE TOTAL PRICE

Storing of Payroll/Separation Data

Firm Fixed Price

EA 8,766 $0.25 $2,191.50

Claims Processing Firm Fixed Price

EA 2,499 $5.46 $13,644.54

Appeals Administration Firm Fixed Price

EA 32 $211.04 $6,753.28

State Charge Detail Processing Firm Fixed Price

EA 2,965 $0.15 $444.75

Reconciling State Benefit Payments with DOL billings

Firm Fixed Price

EA 42 $524.01 $22,008.42

Management Reports Firm Fixed Price

EA 3 $125.47 $376.41

TASK ORDER CLIN 1001- 01/01/2023 - 03/31/2023

SUPPLIES/SERVICES CLIN TYPE UNIT QUANTITY UNIT PRICE TOTAL PRICE

Storing of Payroll/Separation Data

Firm Fixed Price

EA 2,922 $0.25 $730.50

Claims Processing Firm Fixed Price

EA 833 $5.46 $4,548.18

Appeals Administration Firm Fixed Price

EA 10 $211.04 $2,110.40

State Charge Detail Processing Firm Fixed Price

EA 988 $0.15 $148.20

Reconciling State Benefit Payments with DOL billings

Firm Fixed Price

EA 14 $524.01 $7,336.14

Management Reports Firm Fixed Price

EA 1 $125.47 $125.47

SECTION II – SPECIFICATIONS/STATEMENT OF WORK

1.0 General

The United States Department of Homeland Security (DHS) intends to award a task order to procure full-service Employment Verification (EV) and Unemployment Compensation (UC) Administration, including, but not limited to, records management, claims review, defense, mitigation, and processing at a state by state level for DHS and its Components. The DHS includes the following Components:

Department of Homeland Security Headquarters (DHS HQ) U.S. Citizenship and Immigration Services (USCIS) U.S. Customs and Border Protection (CBP) Cybersecurity and Infrastructure Security Agency (CISA) Federal Emergency Management Agency (FEMA) Federal Law Enforcement Training Center (FLETC) Immigration and Customs Enforcement (ICE)

Transportation Security Administration (TSA) United States Coast Guard (USCG)

United States Secret Service (USSS)

1.1 Background

Due to the large number of current and former employees, DHS outsources Employment Verification (EV) to streamline services and ensure effective and efficient processing. Mortgage companies, consumer finance companies, auto lenders, credit card issuers, prospective employers, and government social services are among those who may seek verification of current and former employment.

Since 1955, Government civilian employees have had unemployment insurance protection under US Code Title 5, Chapter 85. The Omnibus Reconciliation Act of 1980 (P.L. 96-499, December 5, 1980) amended the Unemployment Compensation (UC) for Federal Employees (UCFE) law by establishing the requirement for each Government Agency to contribute to State unemployment benefits for former Government employees, effective January 1, 1981. 20 CFR, Part 609 sets forth the Secretary of the Department of Labor (DOL) regulations to implement the UCFE program.

State UC laws and policies are not uniform and vary significantly with regards to eligibility requirements, payment amounts, and period of eligibility. This makes it difficult for Government agency personnel who are not familiar with detailed State requirements: to track unemployment benefit payments; ensure payments have been properly applied; and, verify, review, and appeal claims within prescribed time limits. Please reference Attachment A for State Appeals Deadlines and State Hearings Deadlines.

Therefore, a Contractor is required to support administrative functions of Government agency Civilian Personnel Offices (CPO) and Human Resource Offices (HRO) UC requirements.

1.2 Scope

The Contractor will be required to fulfill the Components’ responsibility for responding to EV requests and UC management. The Contractor shall perform all administrative functions in managing UC claims and have a mastery of UC statutes and regulations in all fifty states, US territories and protectorates, and the District of Columbia. However, Government officials will retain responsibility for reviewing all claims that the Contractor deems protestable and determine which claims will be challenged.

In FY21, DHS expects 184,980 employees to be employed by DHS. In FY19, DHS, across all Components, had 6,049 unemployment compensation cases. The Contractor shall provide the following services, as more fully described in Section 2.0 (Tasks) below:

Employment History Storage and Maintenance Employment Verification (EV) Services Social Services Verification UC Claims Processing UC Appeals Administration UC State Detail Processing UC Reconciliation UC Training Management Reports and Reviews

1.3 Objective

The objective of this acquisition is to:

Make available to DHS and its Components an effective and efficient process for responding to EV requests

Make available to DHS and its Components an effective and efficient process for handling UC claims

Provide department-wide metrics on UC claims Improve overall management of the DHS UC claims process

1.4 Compliance Documents

The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, as amended State-specific, including Puerto Rico, District of Columbia, and US Territories and protectorates, Unemployment Compensation claims guidelines, timelines, and requirements

DHS Instruction Manual 047-01-007, Revision #03, Handbook for Safeguarding Sensitive Personally Identifiable Information (PII), as amended

2.0 Tasks

2.1 Task 1- Employment History Storage and Maintenance Services

The Contractor shall provide the following in support of the Employment History Storage and Maintenance Services:

The Contractor shall maintain a secure electronic interface for receipt, input, and confirmation of the payroll and separation data transmitted from the USDA National Finance Center (NFC). Attachment B and C outline the file structure.

The Contractor shall accept separation data directly from DHS Components in separate file feeds. The separation data provided by DHS Components augments the payroll data received from NFC.

The Contractor shall securely maintain all payroll and separation data that may be submitted by various payroll and personnel systems.

The Contractor shall provide for receipt and input of the payroll and separation data in the format submitted by the Components. This includes the incorporation of the required Government location identifiers - Agency Identification Code (AIC) - to at least the 5th level into the contractor's system. NFC data may be transmitted to the 8th level.

Level 1- Agency Code (aka Department, e.g. DHS) Level 2- Bureau Code (aka Component, e.g. TSA) Level 3- Office (e.g. OCHCO)

Level 4- Division Level 5- Branch

The Contractor shall provide for receipt, input, and storage of expanded comments/remarks from Components when additional separation information is available.

The Contractor shall provide a feature to attach documents to each individual case file as designated by AIC identifier.

The Contractor shall maintain a secure data storage environment that can receive up to two years of historical payroll and separation data and storage and maintenance of all historical data collected.

Within 90 days of written request, TALX will safely return or destroy DHS’ employment or income data (“Data”) from TALX's databases. Notwithstanding anything to the contrary, TALX will have the right to retain copies of Data for audit purposes, dispute resolution, and to fulfill retention requirements. TALX may also retain Data which is stored on encrypted backup media until such media is re-used or destroyed. TALX will submit the certification to the COR and the Contracting Officer following the template provided in the NIST Special Publication 800-88 Guidelines for Media Sanitization.

DHS or Components will provide at least two years of historical payroll and separation data at contract award. DHS or Components will provide pay schedules to the Contractor at the beginning of each fiscal year and as required for any mid-year modifications to their pay schedules. DHS or Components will provide payroll and separation information to the Contractor on a bi-weekly basis concurrent with scheduled payroll.

2.2 Task 2- Employment Verification (EV) Services

The Contractor shall provide the following in support of EV Services:

The Contractor shall respond to requests for employment and wage information on any individuals employed, presently or formerly, by DHS or its Components that may be generated by mortgage, lending, or credit institutions (hereinafter referred to as "Lenders"), verifiers of employment, (hereinafter referred to as "Verifiers"), and, family service government agencies (hereinafter referred to as ''Agencies") via online portal, integrated, and batch processing methods for responding to verification requests.

The Contractor shall ensure the most up-to-date employment and wage information received from DHS or Components is leveraged in the EV process.

The Contractor shall provide a mechanism to obtain a verifier’s reason or permissible purpose for requesting the information, as defined by the Fair Credit Reporting Act (FCRA). The Contractor shall require requesting Verifiers to acknowledge collection of the employee’s consent before providing income or salary information.

The Contractor shall provide a mechanism for DHS or its Components to block the release of salary information.

2.2.1 Basic Employment Verification

The Contractor shall provide the following information to Lenders, Verifiers, and Agencies in support of Basic Employment Verification inquiries (approximately 528,100):

Employee Name Employee SSN Employer Name Initial Hire Date Most recent Hire Date (if applicable) Current employment status (active or inactive) Total employment time with employer in years or months Position/Title

2.2.2 Basic Employment Verification with Salary Information

support of basic employment verification with salary information inquiries:

All information in Section 2.2.1 Current rate-of-pay and most recent period earnings

2.2.3 Basic Employment Verification, Salary Information, and Salary History support of basic employment verification, salary information, and salary history inquiries:

All information in Sections 2.2.1 and 2.2.2 Year to date gross wages Two previous years’ total gross wages (when available)

2.2.4 Social Services Verification

The Contractor shall be able to provide verification for issuance of benefits related to social programs (e.g., Supplemental Nutrition Assistance Program [SNAP], Temporary Assistance for Needy Families [TANF], WIC, ACA, etc.).

2.3 Task 3- Unemployment Compensation (UC) Administration Services

2.3.1 Claims Processing

The Contractor shall provide the following in support of UC Administration Claims Processing:

The Contractor will be designated as the addressee of record for the receipt of Request for Wage and Separation Information – UCFE Form ES·931 and other related inquiries as appropriate from the 50 states, Puerto Rico, District of Columbia, and US Territories and protectorates. The Contractor shall return ES-931 forms to the state UC office no later than the 12th calendar day from the date of request.

The Contractor shall determine whether the claimant is a former employee of a respective

DHS Component. If so, the Contractor shall determine which sub-unit within the Component the claimant was employed. Upon receipt of a claim or appeal, the Contractor shall contact the appropriate Component POC within 24 hours.

The Contractor shall review employee separation documents to ensure that needed employment information is provided. When processing a claim, the Contractor shall ensure that the employee’s Form SF-50 provides a decision or resignation cause, and (if it includes a decision), attach:

A copy of all witnesses' statements supporting the decision Guidance on conduct or performance

Any other documents that supported the action

The Contractor shall review claimants' circumstances of separation, availability for work, and allocation or severance or other special payments.

The Contractor shall complete claims forms and return them to the State agency within four days but no later than the last calendar day authorized by the state date of request.

The Contractor shall interface with the Federal Interstate Connection (ICON) System to electronically receive inquiries from the various state unemployment offices and respond electronically. The Contractor must have the hardware / software necessary and agrees to work with the ICON administrator regarding procedural matters.

The Contractor shall establish and maintain a methodology for electronic tracking of all claims-related documentation and correspondence to ensure that timely responses are made to all claims or appeals.

The Contractor shall notify the appropriate Component POCs for the case in writing

(includes email) within five days of the State’s Unemployment Compensation Case determination.

2.3.2 Appeals Administration

The Contractor shall provide the following in support of UC Administration Appeals Administration:

The Contractor shall notify the appropriate Component POCs for the case in writing within five days of the State’s Unemployment Compensation Case determination. The Component officials will determine whether to appeal or accept State’s Unemployment Compensation Case determinations within 24 hours of receipt of the determination.

The Contractor shall prepare the Component to attend all hearings to provide responses to procedural questions and issues.

The Contractor shall ensure that all claim and appeal documentation is complete, accurate, timely, and complies with the specific states' guidelines and laws when filing an appeals case.

The Contractor shall provide the necessary review, witness preparation, and consultation throughout the appeal process as set-forth by the respective State laws.

Appeals/Hearings deadlines are provided in Attachment A.

2.3.3 State Detail Processing

The Contractor shall provide the following in support of UC Administration State Detail Processing:

The Contractor shall be the addressee of record for receipt of the paid data from the 50 states, Puerto Rico, District of Columbia, and US Territories and protectorates.

The Contractor shall monitor receipt and review the benefit paid data to determine whether any claimant is a former employee of a respective Component and accuracy of the charges. Any discrepancies which cannot be solved informally must be reported to the appropriate Component POC so that an appeal can be filed with the State/ Territory unemployment office. The Contractor shall report to the Component POC when and how the discrepancies have been adjudicated by the State/Territory.

When an appeal is filed, the Contractor will represent the Government and follow-up with the State to ensure that credits are received and properly accounted. See Section 2.3.2.

2.3.4 Reconciliation

The Contractor shall provide the following in support of UC Administration Reconciliation:

The Contractor shall reconcile State benefit paid data with the amounts DOL bills to participating Components within 30 days of receipt of quarterly data. This includes follow up with the State unemployment offices for any missing benefit paid data or benefit paid in error. The Contractor shall notify the Component POC when there is missing benefit paid data and when and how the issue will be resolved.

The Contractor shall conduct audits of all UC payments to claimants to evaluate the validity of payments and determine the possibility of fraudulent activity.

2.3.5 Training

The Contractor shall provide the following in support of UC Administration Training:

The Contractor shall provide quarterly training to UC processors and managers on procedures for day-to-day management. The Contractor shall conduct workshops geared to the responsibilities of Government personnel in the areas of, but not limited to:

Procedures for day-to-day UC management Hearings and appeals training Cost of unemployment claims Hiring practices Part-time employment Use of probationary periods Separation terminology Documentation

UC law Employee eligibility

Training may be virtual instructor led or online recordings.

2.4 Task 4- Management Reporting Services

The Contractor shall provide the following in support of Management Reporting Services:

The Contractor shall provide EV and UC Management Reports (i.e., Executive Summary Report) quarterly at Level 2- Bureau Code (aka Component, e.g. TSA), with cumulative quarterly and annual data. The Management Reports shall include both summary and detailed information for:

All inquiries, claims, and appeals Disposition of claims determinations and appeals Charges and credits Notification of Benefit Integrity Violations Reconciliation and audit findings

Using the AICs, the Contractor shall present the required information by Component.

The Contractor shall summarize information at Level 1- Agency Code (aka Department, e.g. DHS). The Contractor shall also have the capability to drill down quarterly metrics to Level 5- Branch.

The Contractor shall participate in quarterly Program Management Review (PMR) meetings to provide Component status on current activities, review performance metrics, discuss risks and issues, submit problems, and make recommendations. The quarterly PMR meetings will be scheduled by the Contracting Officer’s Representative (COR) and occur via conference call or video-teleconference.

The Contractor shall provide detailed meeting materials 72-hours in advance of each

PMR.

3.0 Program Manager/ Primary Vendor Point of Contact (non-billable)

The Contractor shall provide a Program Manager/ Primary Vendor Point of Contact who shall be responsible for all Contractor work performed under this contract. The Program Manager shall be a single point of contact for the Contracting Officer and the COR. It is anticipated that the Program Manager shall be one of the senior level employees employed by the Contractor for this work effort.

The name and resume of the Program Manager, and any alternate(s) who shall act for the Contractor in the absence of the Program Manager, shall be provided to the Government as part of the Post Award Conference. During any absence of the Program Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this contract. The Program Manager and all designated alternates shall be able to read, write, speak and understand

English. The Contractor shall not replace the Program Manager without prior notice to the Contracting Officer.

The Program Manager shall be available to the COR via telephone between the hours of 8:00AM and 5:00PM EST, Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within 8 business hours of notification.

The Program Manager is not billable nor required to be full-time dedicated to this contract.

4.0 DHS Liability

DHS shall be obligated under the awarded contract only to the extent listed within.

The Contractor is cautioned that processing of unemployment compensation claims for DHS and its Components other than those listed within will not constitute a liability for payment from said Component or the Government.

8.0 Travel

Travel is not required under this task order.

9.0 Phase-out Plan

At the end of this period of performance, should the incumbent not be awarded the following contract, an orderly and efficient transition from the incumbent contractor to a new contractor is required. Any transition will be accomplished in such a way that adverse impact to the continuity of DHS operations in prevented or minimized to the maximum extent possible. The outgoing Contractor shall deliver a detailed Phase-out Plan no less than 75 business days before the end of the period of performance defining in detail the tasks and timelines for orderly transition of EV and UC services. The incumbent Contractor shall apply Phase-in lessons learned to the Phase-out Plan. The Contractor shall ensure the Phase-out Plan includes details surrounding the safe return and/or destruction of all DHS data at the end of the period of performance. The Contractor shall not retain any DHS data beyond the timeframe prescribed in Section 2.1.

SECTION III – DELIVERABLES AND PERFORMANCE

1.0 Period of Performance

The base period of performance for this contract is September 30, 2020 through June 29, 2021 with an option from June 30, 2021 through September 29,2021.

2.0 Place of Performance

The primary place of performance will be the Contractor’s facilities.

3.0 Hours of Operations

Contractor employees shall generally perform all work between the hours of 8:00AM and 5:00 PM CST, Monday through Friday (except Federal holidays). However, there may be occasions when Contractor employees shall be required to work other than normal business hours, including weekends and holidays, to fulfill requirements under this Task Order.

4.0 Government Furnished Equipment

The Government will not furnish any equipment to the Contractor in support of this contract.

The Government will provide all necessary employment and salary information, data, and documents to the Contractor for work required under this contract.

5.0 Deliverables and Delivery Schedule

All Deliverables, as defined in Section 5.1 (Deliverables) below, shall reference the Contract number and the DHS Task Order number. The contractor shall ensure and the Government will review all draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance with government policies, regulations, laws, and directives. Written documents shall be concise and clearly written.

1. Final documentation deliverables shall be provided in hard and soft copy with read/write capability using MS Office products. Daily, weekly, interim, informal deliverables and working-copy products may be provided by e-mail or disk, as arranged.

2. The government will have fifteen (15) business days to accept or reject Task Order deliverables. If a deliverable is rejected and returned to the Contractor for revision, the Contractor shall provide the corrected deliverable within five (5) business days of notification of the request for revision. An e-mail will be sent to the contractor when a deliverable has been rejected or the reasons for non-acceptances. The COR may reject or require correction of any deliverable.

In the event the Contractor anticipates difficulty in complying with any deliverable, the Contractor shall provide written notification immediately to the CO and COR. Each notification shall give pertinent details, including the date by which the Contractor expects to make delivery; provided that this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the Government of any task order delivery schedule, or any rights or remedies provided by law under the task order.

5.1 Deliverables

ITEM

TASK

ORDER

REFERENCE

DELIVERABLE / EVENT DUE BY DISTRIBUTION

1 2.3.4 Reconciliation Report, Component Quarterly

COR, CO,

Component POC

2 2.4 Management Report, Department Quarterly COR, CO

3 2.4 Program Management

Review Quarterly COR, CO

SECTION IV - CONTRACT ADMINISTRATION DATA

1.0 CONTRACT ADMINISTRATION

This task order will be administered by:

Bryan Harden, Contracting Officer MGMT/OPO/DOAD/Mailstop 0115 U.S. Department of Homeland Security 301 7th St., SW Washington, DC 20528-0115 E-mail: Bryan.Harden@hq.dhs.gov

Copies of all correspondence concerning this task order shall be provided to the Contract Specialist and Contracting Officer listed above.

2.0 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COR)

Alvin Holt OCHCO Mailstop 0170 U.S. Department of Homeland Security 301 7th St., SW Washington, DC 20528-0170 E-mail: alvin.holt@hq.dhs.gov

3.0 CONTRACTING OFFICER’S AUTHORITY

A warranted Contracting Officer is the only person authorized to issue modifications to the task order, approve changes in any of the requirements, or obligate funds. Notwithstanding any clause/provision contained elsewhere in this task order, the authority to modify the task order remains solely with the Contracting Officer. If the Contractor makes any task order changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the task order to cover any increases in charges that may result. The Contracting Officer has the authority to perform any and all post-award functions in administering and enforcing the proposed task order in accordance with its terms and conditions.

SECTION V - INVOICE AND PAYMENT PROVISIONS

1.0 Invoices shall be prepared per in accordance with FAR Clauses 52.232-1 Payments. In addition to invoice preparation as required by the FAR, the Contractor’s invoice shall include the following information:

1) Invoice will have DHS identified

2) Contract Number;

3) Modification Number, if any;

4) DUNS Number;

5) Month services provided

6) CLIN and Accounting Classifications

2.0 The Contractor shall submit the invoice electronically to the address below:

E-mail: InvoiceMGT.Consolidation@ice.dhs.gov

3.0 Contract Line Item Number (CLIN) for each billed item:

1) Firm Fixed Price (FFP): The Contractor shall invoice in in accordance with Schedule B Pricing.

The Contractor shall simultaneously provide an electronic copy of the invoice to the following individuals at the addresses below:

1) ATTN: Office of Procurement Operations/Bryan Harden (Contracting Officer)

E-mail: Bryan.Harden@hq.dhs.gov

2) ATTN: Office of the Chief Human Capital Officer, Alvin Holt (COR) E-mail: alvin.holt@hq.dhs.gov

The Contractor shall submit invoices to the email addresses above.

SECTION VI – CONTRACT CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically http://farsite.hill.af.mil/.

(End of clause)

Clauses Incorporated by Reference:

FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Nov 2021)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jan 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment . (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment . (NOV 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP

2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer ) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP

2021) ( 15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP

2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN

2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

_X_ (31)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35)

(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (NOV 2021) . (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

_X_ (47)

(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (NOV 2021) ( 41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

_X_ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid , is in excess of the simplified acquisition threshold , as defined in FAR 2.101, on the date of award of this contract , and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States , or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor ’s directly pertinent records involving transactions related to this contract .

(2) The Contractor shall make available at its offices at all reasonable times the records, materials , and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract . If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data , regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment . (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause– Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b)Safeguarding requirements and procedures.

(1)The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i)Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii)Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii)Verify and control/limit connections to and use of external information systems.

(iv)Control information posted or processed on publicly accessible information systems.

(v)Identify information system users, processes acting on behalf of users, or devices.

(vi)Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii)Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii)Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix)Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x)Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi)Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii)Identify, report, and correct information and information system flaws in a timely manner.

(xiii)Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv)Update malicious code protection mechanisms when new releases are available.

(xv)Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements.This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

Contractor access to unclassified, but Security Sensitive Information may be required under this SOW.

Contractor employees shall safeguard this information against unauthorized disclosure or dissemination.

FAR 52.217-8 Option to Extend Services (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 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 66 months.

(End of Clause)

HSAR 3052.204-71 Contractor employee access (SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy.