ATT3_88310321Q00061_ADDENDUM_04232021_NHLT.doc

National Archives and Records Administration (NARA)

NPRC 1 Archive Drive, Saint Louis, MO 63138

88310321Q00061

ATTACHMENT 3

NARA TERMS AND CONDITIONS

(Addenda to FAR 52.212-4, Contract Terms and Conditions)

The following additional terms and conditions are incorporated and are to remain in full force in any resultant contract and associated delivery order(s):

1. GOVERNMENT ORDER ADMINISTRATION

A. This contract will be administered by:

National Archives and Records Administration

Office of the Chief Acquisition Officer, Z 1 Archives Drive

Saint Louis, MO 63138

B. Order Administration (Contract Specialist):

Kevin Schumacher, Contract Specialist

Telephone: 314-801-0596

Email: kevin.schumacher@nara.gov The Contracting Officer (CO) has the overall responsibility for the administration of this order. Written communication should be submitted to the Contract Specialist (CS) and the CO, and must make reference to the order number and must be mailed, postage prepaid, to the above address.

The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from order payments for non-conformance; terminate the order for convenience or default; and issue final decisions regarding order questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

2. DELIVERY

Delivery times will be as established in the delivery orders but shall not be sooner than 30 calendar days after receipt of order. Delivery must be made during regular business hours unless mutually agreed upon by NARA and the Contractor. Delivery must be made as ordered, in the specific quantities, to the specified destinations.

Items will be shipped FOB Destination as shown on Delivery Orders. The Contractor shall be responsible for risk of loss and any damages to items during shipment (see FAR 52.212-4 (j)).

2. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) (JANUARY 2020)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this order/contract, the following documents are required to be submitted as an attachment to the IPP invoice: Invoice shall be submitted after Government’s acceptance of all deliverables. The invoice shall contain information required by FAR 52.212-4(g).

Vendor Invoice to include:

1. Award number

2. CLIN//Item number of deliverable

3. Description of deliverable

4. Price of deliverable

5. Quantity of deliverable

6. Date deliverable was provided to the Government for inspection if applicable

7. Serial number/part number if applicable

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Customer Support Helpdesk by sending an email to IPPCustomerSupport@ fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Clause)

4. FINAL PAYMENT

Before final NARA payment is made, the Contractor must furnish to the CO a written release of all claims against the Government arising by virtue of the contract, other than claims in stated amounts as may be specifically excluded by the Contractor from the operation of the release. If the Contractor’s claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. § 203, 41 U.S.C. § 15), a release may also be requested of the assignee. To ensure that all necessary adjustments for non-performance or unsatisfactory performance have been made and a release of claims has been submitted before the contract is closed out, the final NARA payment will be made in thirty (30) calendar days after receipt of a proper invoice, date of completion of performance, or receipt of release of claims by the CO, whichever is later.

5. STANDARDS OF CONDUCT

A. The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. The Contractor is also 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 contract 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 shall be expressly incorporated into subcontract(s) and shall be applicable to all subcontractor employees who may perform recurring services or work at the federal building and grounds of this Contract.

D. The Government retains the right to permanently remove any employee of the Contractor from performing duties assigned under this task order at the federal building or grounds should the employee's performance so warrant. The Government will request the Contractor to immediately remove any employee of the Contractor from the federal building/work-site 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 anti-discrimination and anti-harassment policies, including but not limited to NARA 396;

8. Violation of Agency and Contractor security procedures and regulations; and

9. Violation of the rules and regulations governing federal public buildings and grounds set forth in 41 CFR Subpart 102-74 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 shall be immediately revoked or otherwise terminated. Furthermore, if applicable, the building pass and/or other access device(s) previously given to the employee shall be immediately surrendered, returned, or delivered to the security officer of the federal building.

G. During the course of this task order, the Contractor may come into contact with data files subject to the Privacy Act. If this situation occurs, Privacy Act data must conform to the Privacy Act of 1974, 5 U.S.C. 552a, as amended. The Contractor also may come into contact with confidential documents and confidential information about documents and proposed Federal Agency actions. The Contractor, including Contractor’s personnel, Subcontractors, and consultants must not divulge or release data or information developed or obtained in performance of this task order except to Authorized Government personnel or upon written approval of the Contracting Officer. The Contractor must not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this task order. The limitations above do not apply to data or information that has been made public by the Government.

6. PERMITS AND LICENSES (SEP 1998)

In performance of work under this contract, the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

7. INSURANCE REQUIREMENTS

The Vendor must acquire and maintain during the entire performance period of this task order insurance of at least the following kinds and minimum amounts and other insurance as required by the Contracting Officer.

TYPES OF INSURANCE

MINIMUM AMOUNT

Workmen’s Compensation and all

As required by provided occupational disease

State and Local Law

Employee’s Liability Insurance and all $100,000 per accident occupational disease when not covered by Workmen’s Compensation above

General Liability Insurance (Comprehensive)

Bodily Injury per occurrence $500,000

Property Damage per occurrence $100,000

8. OVERTIME (SEP 1998)

All overtime cost is included in the contract price. The Contractor is obligated, at no additional compensation, to meet all requirements of this contract. The Contractor shall pay overtime premiums to all employees as required by the terms and conditions of this contract, and all applicable State and Federal laws at no increase in the contract fixed price and no additional expense to the Government.

9. REIMBURSEMENT OF TRAVEL COSTS

All travel cost are included in the contract fixed price and will not be paid separately.

10. SIGN IN / SIGN OUT LOG (SEP 1998)

All contract employees, including subcontract employees, must sign in and out at the beginning and end of their shifts or, if a temporary vendor employee, when reporting in and leaving for a service call, on a log established at the Archives facility(ies) for contract administration purposes. The NARA Form 6026 Record of Time of Arrival and Departure from Building shall be used for this purpose unless the COR prefers to use NA Form 3032B, a Daily Time and Attendance Record. The contract employee must sign in when reporting to the building for additional services, overtime, or emergency call-back service and sign out when leaving. The NA Form 6026 shall be marked to indicate whether the purpose of the contract employee visit was for overtime, emergency call back, additional services, or regular duty. Contract supervisors must indicate their position titles next to their signatures. The log shall be the property of the Government.

11. COOPERATION WITH OTHER ONSITE NARA CONTRACTORS

A. When the Government undertakes or awards other contracts for additional work at the facilities the Contractor shall: (1) fully cooperate with the other Contractors and Government employees and (2) carefully fit its own work to such other additional contracted work as may be directed by the COR. The Contractor shall not commit or permit any act, which will interfere with the performance of work awarded to another Contractor or with the performance of other Government employees.

B. In any case where, in the course of fulfilling the contract requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor shall restore such disturbed work to a condition satisfactory to the COR and guarantee such restored work to the same extent as it was guaranteed under the other contract.

12. CONTRACTOR PERSONAL IDENTITY VERIFICATION (PROCEDUES IDENTIFICATION/BUILDING PASS)

A. Photo Identification Badges will be provided to those that meet the below Physical Access Suitability requirements. The Contractor shall make its personnel available for photo identification badges on a schedule to be determined by the Contracting Officer’s Representative (COR). The badges will be made by the Government utilizing supplies, materials and equipment provided by the Government. Each Contractor employee shall sign the appropriate badge at the time of photographing.

B. Contractor personnel designated to receive an ID/Building Pass will be subjected to NACI background investigation and must be approved in accordance with Homeland Security Presidential Directive-12 (HSPD-12) and OMB guidance M-05-24.

C. The Contractor is responsible for ensuring that each of its employees performing work under this contract display their photo-identification badges at all times they are present on-duty in the building. Refusal or repeated neglect to display the photo-identification may result in an unsuitable determination.

D. Upon termination, resignation or other event leading to a contract employee leaving duty under this contract, the Contractor is responsible for returning all Government identification, building passes, keys, and other Government property issued to that employee. Failure on the part of the Contractor may result in the Contractor's liability for all costs associated with correcting the resultant breech in building security.

E. The Contractor shall notify the COR when the employee badges are lost. It shall be the responsibility of the Contractor to pay for replacement badges at the current replacement cost per badge.

F. The requirements of this clause are applicable to and shall be flowed down to all subcontractors who will work at the Archives facility(ies).

13. PHYSICAL ACCESS SUITABILITY

A. The Government will have, and will exercise, full and complete control over granting, denying, withholding or terminating suitability determinations for all contract employees granted access to Government facilities. All employees assigned to positions requiring access to NARA facilities under this contract shall be subject to background investigations at the "National Agency Check with Inquiries" (NACI) level. Contractor personnel with access to NARA Desktop Common Productivity Tools shall also be required to comply with this requirement. The Government may, as it deems appropriate, authorize and grant temporary access to employees of the Contractor and its subcontractors. However, the granting of temporary access to any such employee will not be considered as assurance that full suitability determination will follow as a result or condition thereof. The granting of either temporary or full access will in no way prevent, preclude, or bar the withdrawal or termination of any such suitability determination by the Government as deemed necessary to protect facilities.

B. Unless otherwise specified, the Contractor must submit to the COR, as soon as possible, but not later than ten (10) working days before contract performance is required to begin, one (1) completed Form FD 258, Fingerprint Chart; one (1) background investigation form (SF 85, SF-85-P or SF-86, as applicable)((this may be through e-QIP system with prior coordination with the NARA Personnel Security Office); one (1) Form I-9, Employment Eligibility Verification; and one (1) Declaration for Federal Employment, Optional Form 306 (OF 306) for those officers of the firm who may visit the worksite during the period of this contract and for all employees who have access to the buildings in the performance of the contract work. These forms must be submitted for replacement employees (10) days before entrance on duty. The Government will be responsible for processing these forms and adjudicating the results of the investigations. If the Government receives an unsuitable report on any employee after processing these forms, the Contractor will be advised immediately that such employee cannot continue to work, or be assigned to work, under this contract. Contractors, who hire employees investigated and determined suitable during employment with preceding Contractors, are not required to submit another set of these forms, if the employee has been determined suitable within the past three (3) years, unless specifically requested to do so by the COR.

C. During the course of this contract, regardless of where the work is being performed, in a NARA facility or another location authorized by the contract, the Contractor may come into contact with data files subject to the Privacy Act. If this situation occurs, Privacy Act data must conform to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended. The Contractor also may come into contact with sensitive documents and sensitive information about documents and proposed Federal Agency actions. The Contractor, including Contractor’s personnel, Subcontractors, and consultants must not divulge or release data or information developed or obtained in performance of this task except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor must not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this task. The limitations above do not apply to data or information that has been made public by the Government.

D. If Contractor Personnel have a completed NACI from another Federal Agency, verification of the completed NACI must be forwarded to the NARA Personnel Security Officer. This may require obtaining a copy of the completed investigation. If Contractor Personnel possess a National Security Clearance through another Federal Agency, the granting agency must provide verification of the Clearance to the NARA Personnel Security Officer. A National Security Clearance shall suffice in the event the personnel are performing work at NARA that only requires an investigation below that required for a National Security Clearance.

E. The requirements of this clause are applicable to, and must flow down, to all subcontractors who will work at NARA facility(ies).

14. SECURITY OF INFORMATION AND PROTECTION OF CONTROLLED UNCLASSIFIED INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION (APRIL 2017)

(a) Applicability

This clause applies to all controlled unclassified information, which may include personally identifiable information, as defined in Section B, regardless of the medium in which it is found and includes paper records.

(b) Definitions. As used in this clause:

“Breach” means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to personally identifiable information, in usable form whether physical or electronic.

“Controlled Unclassified Information” means information the Government creates or possesses, or that an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Government-wide policy requires or permits an agency to handle using safeguarding or dissemination controls. However, CUI does not include classified information or information a non-executive branch entity possesses and maintains in its own systems that did not come from, or was not created or possessed by or for, an executive branch agency or an entity acting for an agency. Law, regulation, or Government-wide policy may require or permit safeguarding or dissemination controls in three ways: Requiring or permitting agencies to control or protect the information but providing no specific controls, which makes the information CUI Basic; requiring or permitting agencies to control or protect the information and providing specific controls for doing so, which makes the information CUI Specified; or requiring or permitting agencies to control the information and specifying only some of those controls, which makes the information CUI Specified, but with CUI Basic controls where the authority does not specify.

“Personally identifiable information (PII)” means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States. Examples of PII include the following:

(1) Name.

(2) Date of birth.

(3) Mailing address.

(4) Telephone number.

(5) Social Security Number.

(6) Email address.

(7) Zip code.

(8) Account numbers.

(9) Certificate/license numbers.

(10) Vehicle identifiers including license plates.

(11) Uniform resource locators (URLs).

(12) Internet protocol addresses.

(13) Biometric identifiers (e.g., fingerprints).

(14) Photographic facial images.

(15) Any other unique identifying number or characteristic.

(16) Any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive personally identifiable information (sensitive PII)” means a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual.

(1) Complete social security numbers, alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered sensitive PII even if they are not coupled with additional PII.

(2) Additional examples include any grouping of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

(i) Driver’s license number, passport number, or truncated social security number (such as last 4 digits);

(ii) Date of birth (month, day, and year);

(iii) Citizenship or immigration status;

(iv) Financial information such as account numbers or electronic funds transfer information;

(v) Medical information; and/or

(vi) System authentication information such as mother’s maiden name, account passwords or personal identification numbers.

(3) Other PII may be “sensitive” depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but it is not sensitive.

(c) Data Security.

(1) The Vendor shall limit access to the data covered by this clause to those employees and subcontractor who require the information in order to perform their official duties under this task order.

(2) The Vendor employees, and subcontractors must physically or electronically secure CUI, which may include sensitive PII, when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss.

(3) When CUI is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed in accordance with NIST 800-88 standards.

(4) The Vendor shall only use CUI obtained under this task order for purposes of the Vendor; it shall not be disclosed, released, disseminated, or published without the prior written consent of the Contracting Officer.

(5) If it is established elsewhere in this task order that information to be utilized under this task order, or a portion thereof, is subject to the Privacy Act, The Vendor shall follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(6) At expiration or termination of this task order, the Vendor shall turn over all CUI obtained under the Vendor that is in its possession.

(d) Systems Access. Work to be performed under this task order may require the handling of CUI, including PII. The Vendor shall provide the Government access to, and information regarding those systems handling CUI, including sensitive PII for the Government under the Vendor, when requested by the Government, as part of the Vendor’s responsibility to ensure compliance with security requirements, and shall otherwise cooperate with the Government in assuring compliance with such requirements. Government access shall include independent testing of controls, system penetration testing by the Government, Federal Information Security Management Act data reviews, and access by agency Inspectors General (IG) for IG reviews.

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

(e) Systems Security.

(1) In performing its duties related to management, operation, and/or access of systems containing PII under this task order, the Vendor, its employees and subcontractors shall comply with all applicable security requirements and rules of conduct applicable to the agency’s systems as described in:

a) NARA Directive 1608

HYPERLINK "http://www.archives.gov/foia/directives/nara1608.pdf" \h http://www.archives.gov/foia/directives/nara1608.pdf and

b) FedRAMP baseline controls for moderate IT systems.

(2) In addition, the use of Vendor-Owned laptops or other portable storage devices to process or store sensitive PII is prohibited under this task order until the Vendor provides, and the Contracting Officer, in coordination with the Senior Agency Official for Privacy (SAOP) or the SAOP’s designee, approves the Vendor’s written acknowledgment that the following requirements are met:

(i) Laptops and other portable storage devices must employ encryption that is NIST Federal Information Processing Standard (FIPS) 140-2 validated (or its successor) http://csrc.nist.gov/publications/PubsFIPS.html, and approved.

(ii) The Vendor has developed and implemented a process to ensure that security and other applications software are kept current.

(iii) Mobile computing devices utilize anti-virus software and a host-based firewall mechanism.

(iv) Removable media, such as hard drives, flash drives, devices with flash memory, CDs and floppy disks containing CUI, which may include sensitive PII shall not be removed from a Government facility unless they are encrypted using a NIST FIPS 140-2 or successor approved product.

(v) When no longer needed, all removable media, hard drives, and flash memory shall be destroyed in accordance with Government security requirements identified in NARA’s Media Protection Methodology.

(vi) The Vendor shall maintain an accurate inventory of devices used in the performance of this task order.

(3) All NARA information obtained under this task order shall be removed from Vendor-Owned information technology assets at the direction of the Contracting Officer or Contracting Officer’s Representative. Removal must be accomplished in accordance with standard FedRAMP controls for media protection in moderate IT systems and NIST 800-88 standards. Certification of data removal will be performed by the Vendor’s Project Manager and written notification confirming acknowledgment will be delivered to the Contracting Officer within 30 days of the direction to remove the information.

(4) Back up or mirrors of any systems or files containing CUI shall be treated in the same manner as the original data containing CUI, with the same protections and obligations.

(5) The Vendor shall require FIPS 140-2 (or successor) encryption of any sensitive PII when transmitted electronically across the Internet or other public works.

(f) Breach Notification to Government.

(1) The Vendor has been provided with: NARA Directive 1608, and is aware of its roles, responsibilities, and relationship with the Government in case of data breach.

(2) In the event of any actual or suspected breach of sensitive PII, the Vendor shall immediately, and in no event later than one hour of discovery, report the breach to the Contracting Officer, the COR, the Senior Agency Official for Privacy (currently NARA’s General Counsel garymstern@nara.gov) and the Chief Information Officer (only for IT requirements) in accordance with NARA Directive 1608.

(3) The Vendor is responsible for positively verifying that notification is received and acknowledged by appropriate Government parties identified in subparagraph (2) above.

(4) In the event of a confirmed, potential or suspected Security Breach, involving unauthorized exposure, loss of control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any NARA Information accessed by, retrievable from, processed by stored on, or transmitted within, to or from any such system, Vendor shall immediately (and in no event later than within 1 hour of discovery) report any Confirmed Breach to the NARA CO and the CO's Representative (''COR").

(5) NARA, at its sole discretion, may obtain, and Vendor will permit, the assistance of other federal agencies and/or third party contractors or firms to aid in response activities related to any security incident, PII or Security Breach. Additionally. NARA, at its sole discretion, may require Vendor to retain, at Vendor's expense, a Third Party Assessing Organization (3PAO) acceptable to NARA, with expertise in incident response, compromise assessment, and federal security control requirements, to conduct a thorough vulnerability and security assessment of all affected Information Systems.

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

(7) Response activities related to any security incident or PII or Security Breach undertaken by NARA, including activities undertaken by Vendor, other federal agencies, and any third-party contractors or firms at the request or direction of NARA, may include inspections, investigations, forensic reviews, data analyses and processing, and final determinations of responsibility for the Security Incident and/or liability for any additional response activities. Vendor shall be responsible for all costs and related resource a locations required for all such response activities related to any Security Incident or Breach, including the cost of any penetration testing.

(g) Personally Identifiable Information Notification Requirement

Vendor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose Personally Identifiable Information ("Pll") was, or is reasonably determined by NARA to have been, compromised. Any notification shall be coordinated with the NARA CO and shall not proceed until NARA has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by Vendor shall be coordinated with, and subject to the approval of, NARA. Vendor shall be responsible for taking corrective action consistent with NARA Data Breach Notification Procedures and as directed by the NARA CO, including all costs and expenses associated already covered by above clauses added in PII clause with such corrective action, which may include providing credit monitoring to any individuals whose Pll was actually or potentially compromised.

All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Security Incident, Breach, or PII Breach will be made by NARA senior officials at NARA’s discretion.

(h) Flowdown of security requirements to subcontractors.

(1) The Vendor shall incorporate the substance of this clause, its terms and requirements including this paragraph (g), in all subcontracts under this task order, and require written subcontractor acknowledgement of same.

(2) Violation by a subcontractor of any provision set forth in this clause will be attributed to the Vendor.

15. NARA KEEP HARD DRIVE (KHD) CLAUSE

In accordance with NARA policy, NARA will take title to all electronic storage devices, including but not limited to hard drives that may contain Personally Identifiable Information (PII). NARA will not allow the removal of any electronic storage device that may contain PII data from its facilities by a contractor, including individuals performing maintenance on equipment, devices or systems. This provision applies even in the event the equipment is leased. NARA will handle the destruction of this hardware internally. This provision must flow down to all subcontracts, including those for maintenance.

If the Vendor comes into possession of an electronic storage device that may contain PII, the Vendor will immediately notify the Contracting Officer and return the electronic storage device to NARA. Vendor will protect the confidentiality of the electronic storage device and will not access, disclose, release, disseminate, or publish any of the information on the electronic storage device.

16. STOP WORK CANCELLATION (APRIL 2014)

The vendor is required to report to work and resume full Task Order performance within six (6) hours of receiving notifications of the stop work cancellation unless otherwise instructed by the CO and/ or COR.

17. RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. Federal record:

(1) includes [Agency] records.

(2) does not include personal files.

(3) applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

(4) may include deliverables and documentation associated with deliverables.

C. Requirements

(1) Contractor agrees to comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, or mode of transmission, or state of completion.

(2) In accordance with 36 C.F.R. 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

(3) In accordance with 36 C.F.R. 1222.32, Contractor must maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

(4) No disposition of Federal records will be allowed without the prior written consent of the Head of the Contracting Activity, acting in accordance with the provisions of a NARA approved agency records schedules. [Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

(5) The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the delivery/task order. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the delivery/task order. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

(6) The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

(7) The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy.

(8) The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.

(9) The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

(10) The [Agency] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

(11) Initial Training. All Contractor employees assigned to this contract and who work with or otherwise handle Federal records are required to take agency-provided records management training within thirty days after award of the contract or within thirty days of an employee beginning work on the contract. The Contractor is responsible for maintaining records confirming that all required employees complete the training.

(12) Annual training. All Contractor employees assigned to this contract and who work with or otherwise handle Federal records will be required to complete annual records management training. The Contractor employees will be notified via their [email address] of the deadline for this obligation each year. The Contractor is responsible for maintaining records confirming all required contractor employees completed training.

D. Flowdown of requirements to subcontractors

(1) The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

(2) Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

18. COVID-19 HEALTH SCREENING AND MASK-WEARING REQUIREMENTS

In response to the COVID-19 pandemic, the National Archives and Records Administration (NARA) implemented health and safety measures to protect our workforce and to reduce the spread of COVID-19. The most effective ways to limit the spread of COVID-19 in the workplace are the proper use of personal protective equipment (PPE), social distancing, good personal hygiene, and other related precautions recommended by the Centers for Disease Control and Prevention (CDC). NARA’s health and safety protocols, health screening procedures, and health screening inventory are outlined below and must be provided to every contractor working at a NARA facility.

Note: Please provide all contractor employees working under this contract a copy of the Health Screening Procedures and Health Screening Inventory.

I. HEALTH SCREENING

All contractors who are scheduled to work at a NARA facility must assess their own health before reporting to work. NARA will not check temperatures or ask your employees questions about their health. However, NARA may deny them access to the facility or send them home if they are showing obvious signs of illness (e.g. shaking, chills, flushed appearance, vomiting). NARA will only obtain the minimum health status information necessary to protect the health of other facility occupants. NARA will maintain their privacy and protect all health related information obtained.

A. Procedure

1. Temperature Checks. All NARA employees and contractors are required to check their temperatures on the days they are scheduled to work at a NARA facility. They must check their temperature at home, before reporting for duty.

2. Complete the health screening inventory. After checking their temperature and before reporting to the NARA workplace, your employees must answer each of the “yes” or “no” questions provided in paragraph B, Health Screening Inventory.

a. If your employee responds “yes” to any question on the health screening inventory:

(1) They must not report for duty to the NARA facility. They must immediately contact their project manager/supervisor and let him or her know that they answered “yes” to at least one question.

(2) If they were in the NARA facility within two weeks of experiencing symptoms, they must provide their project manager/supervisor with information necessary for NARA to conduct contact tracing. Once the information is obtained, the project manager/supervisor must provide the employee’s responses to the Contracting Officer’s Representative (COR). The project manager/supervisor must ask the employee the following questions:

i. Were you in the facility in the last two days before you first felt ill or were diagnosed, or within 14 days after you came in close contact with someone diagnosed with COVID-19?

ii. Where did you spend the majority of your time in the facility?

iii. Was there anyone else in the facility who you were within 6 feet of for a total of 15 minutes or more over a 24-hour period?

(3) If your employee was diagnosed with COVID-19, tested positive, is experiencing symptoms, or was exposed to someone else who has COVID-19, they should be placed on 10 calendar days of home isolation. They may return to work at the NARA workplace at the end of the 10-day isolation period, only if they are free of COVID-19 related symptoms

(4) Seek medical attention.

b. If your employee responds “no” to all questions on the health screening inventory, they may report to work as scheduled.

B. Health Screening Inventory

Note: Your employee must answer the following questions to the best of their ability:

1. Have you experienced any symptoms of COVID-19 in the past 48 hours? Do not include symptoms that are explained by something other than respiratory illness (e.g. allergies, asthma, an illness that has been diagnosed as something other than COVID-19, routine aches, pain, or headaches that you normally experience). The following is a list of COVID-19 symptoms recognized by the CDC. Check the CDC website for the latest updates.

Elevated temperature, fever, or chills

[ ] Yes [ ] No

Cough

Shortness of breath or difficulty breathing

Fatigue

Muscle or body aches

Headache

New loss of taste or smell

Sore throat

Congestion or runny nose

Nausea or vomiting

Diarrhea

2. Have you been diagnosed with COVID-19 (with or without symptoms), are you currently waiting on the results of a COVID-19 test due to an exposure or symptoms, or has a health care provider advised you to stay at home or otherwise self-isolate?

[ ] Yes [ ] No

3. In the past 14 days, have you been in close physical contact (within 6 feet for longer than 15 minutes) with a person who has been diagnosed with COVID-19 or experienced COVID-19 symptoms?

[ ] Yes [ ] No

4. Have you traveled out of State or out of the country in the past 10 days (with no COVID test) or in the past 7 days (if you have been tested since returning)?

[ ] Yes [ ] No

II. MASK-WEARING

On January 20, 2021, President Biden signed Executive Order 13991, Protecting the Federal Workforce and Requiring Mask-Wearing. The goal of the Executive order is to halt the spread of COVID-19 by relying on the best available data and science-based public health measures. These measures include wearing face masks, physical distancing and other related precautions recommended by the Centers for Disease Control and Prevention (CDC). NARA is implementing these health and safety measures to protect our workforce and to reduce the spread of COVID-19. [Note: This will be updated as needed prior to award to reflect the current CDC COVID procedures.] A. All contractors working under a NARA contract and visitors must wear an appropriate face mask over their nose and mouth, at all times, while in a NARA facility, including outdoor shared spaces. Face masks may be removed only:

(1) When an individual is alone in an office with floor-to-ceiling walls and a closed door;

(2) When an individual is working alone in a records storage space (Federal Records Center (FRC) stack or archival bay); or

(3) For a brief period when eating or drinking while maintaining a minimum of 6 feet of physical distancing from others.

B. In accordance with CDC guidelines, an “Appropriate” face mask covers the nose and mouth, does not have an exhaust valve or vent, and does not display offensive words, images, or logos. NARA allows our employees to provide their own face masks if they meet our definition of “appropriate”.