BRQ - 15B41322Q00000006.pdf

SOLICITATION NO. 15B41322Q00000006

Inter Library Loan Services

FCI Sandstone

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

Sandstone, MN 55072

ISSUE DATE: July 22, 2022

OFFER DUE DATE: August 12, 2022, by 12:00 P.M. CENTRAL

OFFERS SHALL BE ADDRESSED TO:

P.O. Box 999

Sandstone, MN 5072

ATTN: Brian Wendorff

INSTRUCTIONS TO OFFERORS

OFFER SUBMISSION PROCEDURES

SOLICITATION/REQUEST FOR QUOTATIONS

15B41322Q00000006

TITLE: FCI Sandstone

VT Dog Training

DEADLINE FOR August 12, 2022

RECEIPT OF OFFERS: 12:00 P.M. CENTRAL

MAIL OFFERS TO:

P.O. Box 999

Sandstone, MN 55072

ATTN: Brian Wendorff, SUPERVISORY CONTRACT SPECIALIST

(320) 245-6205

***********************************IMPORTANT*********************************

CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) AT

WWW.SAM.GOV.

I. Each offeror SHALL complete and submit the following forms, clauses, and statements with his/her offer.

Failure to furnish all required information or any rejection of or addition to the terms and conditions of the solicitation may cause your offer to be considered as non-responsive and ineligible for award.

*SUBMIT PAGES 1,5, AND 6 OF THE SOLICITATION DOCUMENT*

A. SECTION 1:

Standard Form-1449 – Solicitation, Offer, and Award, pages 1 & 5

Complete blocks 30a, 30b, and 30c (remember to include the signer’s title in block 30b). Ensure the address typed in block

17a matches the address in your SAM registration.

Include Unique Entity Identifier (UEI), tax id#, CAGE code, and email address where indicated in block 20.

B. SECTION 2:

Complete the unit price (YR = Price for the Year) and Amount blocks.

NOTE: complete Total amount for Performance Period 1-5.

*SUBMIT PAGES 1,5, and 6 OF THE SOLICITATION DOCUMENT*

Any questions relating to the solicitation shall be submitted to Brian

Wendorff, Supervisory Contract Specialist, via email at bwendorff@bop.gov no later than August 10, 2022 at 2:00 p.m. local time. In order to provide sufficient response time prior to the quotation due date, the Government is establishing the above cut-off date for questions about the solicitation.

All offerors shall offer in accordance with the current solicitation to include all amendments (if any) as issued by the Contracting Officer only.

III. Each offeror is requested to submit the following information in accordance with the instructions:

A. The preferred method of submission is e-mail. Quotations shall be submitted to bwendorff@bop.gov by 1200 local time on 08/12/2022.

B. Offer Label (see template below)

1. This label shall be completed and used on the envelope containing the offer. This envelope shall be placed inside of shipping boxes or envelopes supplied by couriers such as

FedEx. Complete the information on the label and cut and paste or transfer it to the LOWER left corner of the envelope containing your offer (not on the courier envelope/packaging). Print or type your name and address in the UPPER left corner of the envelope containing your offer.

*Double check all amendments (if issued) for any offer due date extension and enter accordingly on label*

Quote/OFFER

SOLICITATION NO.

15B41322Q00000006

08/12/2022 FOR RECEIPT OF QUOTES/OFFERS

1200 FOR RECEIPT OF Quotes/OFFERS

OFFICE DESIGNATED TO RECEIVE BIDS/OFFERS

Federal Bureau of Prisons

FCI Sandstone, P.O. Box 999, Sandstone, MN 55072

CONTRACTING OFFICER NAME

Brian Wendorff mailto:bwendorff@bop.gov

15B41322Q00000006 Page 1 of 25

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B41322Q00000006

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/22/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

08/12/2022 12:00 CT

CODE 15B413

Federal Bureau of Prisons FCI Sandstone 2300 County Rd. 29 Attn: Business Office Sandstone, MN 55072

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 519210

SIZE STANDARD: 18.5

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B413CODE15. DELIVER TO

Federal Bureau of Prisons FCI Sandstone 2300 County Rd. 29 Attn: Business Office Sandstone, MN 55072

CODE 15B41316. ADMINISTERED BY

Federal Bureau of Prisons FCI Sandstone 2300 County Rd. 29 Attn: Business Office Sandstone, MN 55072

Brian Wendorff

(O) 320-245-6205 bwendorff@bop.gov

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BSSTCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Sandstone

PO BOX 999

Sandstone, MN 55072 sst-businessoffice-s@bop.gov

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

To provide Inter Library Loan Services at FCI Sandstone, MN

UEI:______________________________________

Tax ID:___________________________________

CAGE Code:______________________________ e-mail address:___________________________

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Brian Wendorff

31c. DATE SIGNED

06/29/2022

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B41322Q00000006 Page 2 of 25

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15B41322Q00000006 Page 3 of 25

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 CONTINUATION OF SF-1449, BLOCK 20

3 Contract Clauses

52.246-15 Certificate of Conformance (Apr 1984) 52.242-17 Government Delay of Work (Apr 1984) DJAR-PGD-15-03 Security of Department Information and Systems 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.215-23 Limitations on Pass-Through Charges (Jun 2020) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Alt I Requirements (Oct 1995) - Alternate I (Apr 1984) 52.216-22 Indefinite Quantity (Oct 1995) 52.219-28 Post-Award Small Business Program Rerepresentation (Sep 2021) 52.222-3 Convict Labor (June 2003) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-1 Buy American-Supplies (Nov 2021) 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-3 Continuity of Services (Jan 1991) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Jan 2022) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

15B41322Q00000006 Page 4 of 25

52.223-99 DEV Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct 2021)

(DEVIATION)

52.252-6 Authorized Deviations in Clauses (Nov 2020)

4 List of Attachments 5 Solicitation Provisions

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Feb 2021) 52.204-8 Annual Representations and Certifications (May 2022) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.207-1 Notice Of Standard Competition (May 2006) 52.215-1 Instructions to Offerors-Competitive Acquisition (Nov 2021) 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998) 52.252-5 Authorized Deviations in Provisions (Nov 2020) 52.217-5 Evaluation of Options (July 1990) 52.217-3 Evaluation Exclusive of Options (Apr 1984)

15B41322Q00000006 Page 5 of 25

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 BASE YEAR: Effective date of award (EDOA) through 12 Months from EDOA (estimated maximum) Provide loan access to books/DVDs and other designated media for inmate use and provide once a year 4 hour subject matter training by training by Library staff.

Per the Statement of Work (SOW).

PSC: R605

Base Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 OPTION YEAR ONE: 12 Months from EDOA through 24 Months from EDOA (estimated maximum) Provide loan access to books/DVDs and other designated media for inmate use and provide once a year 4 hour subject matter training by training by Library staff.

Per the Statement of Work (SOW).

PSC: R605

Option Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 OPTION YEAR TWO: 25 Months from EDOA through 36 Months from EDOA (estimated maximum) Provide loan access to books/DVDs and other designated media for inmate use and provide once a year 4 hour subject matter training by training by Library staff.

Per the Statement of Work (SOW).

PSC: R605

Option Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 OPTION YEAR THREE: 37 Months from EDOA through 48 Months from EDOA (estimated maximum) Provide loan access to books/DVDs and other designated media for inmate use and provide once a year 4 hour subject matter training by training by Library staff.

Per the Statement of Work (SOW).

PSC: R605

Option Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 OPTION YEAR FOUR: 49 Months from EDOA through 60 Months from EDOA (estimated maximum) Provide loan access to books/DVDs and other designated media for inmate use and provide once a year 4 hour subject matter training by training by Library staff.

Per the Statement of Work (SOW).

PSC: R605

Option Period

1 YR $________ $_________________

2.1 CONTINUATION OF SF-1449, BLOCK 20

15B41322Q00000006 Page 6 of 25

Total amount for Performance Period 1-5 $______________________________

PRICING METHODOLOGY

The duration of the contract will be up to five years (if performance periods are exercised).

2.2 STATEMENT OF WORK/SPECIFICATIONS FOR INTER LIBRARY LOAN PROGRAM

GENTERAL INFORMATION:

The Federal Bureau of Prisons (BOP), Federal Correctional Institute Sandstone Contracting Office located in Sandstone, MN intends to make a single award to a qualified entity for the provision of professional, non-personal services in the form of loaning books/DVDs/CDs for inmates and yearly training for staff at the Federal Correctional Institution in Sandstone, MN.

Services of the Library will be to provide loan access to books/DVDs for inmate use and provide training once a year for Education staff at FCI Sandstone. This will include an easy access, user-friendly ordering system and weekly material exchange. The yearly training will be no less than 4 hours on content related to library services provided by a person with a Masters degree in Library Science, information resources, media services, or related degree is available to the institution for technical assistance and advice to establish and maintain library services.

PLACE OF PERFORMANCE:

Library loan services will be performed at FCI Sandstone 2300 County Road 29 Sandstone, MN 55072.

Training will be provided at either the local library, the institution or via teleconference.

GENTERAL INFORMATION:

The Federal Bureau of Prisons (BOP), Federal Correctional Institute Sandstone Contracting Office located in Sandstone, MN intends to make a single award to a qualified entity for the provision of professional, non-personal services in the form of loaning books/DVDs/CDs for inmates and yearly training for staff at the Federal Correctional Institution in Sandstone, MN.

Services of the Library will be to provide loan access to books/DVDs for inmate use and provide training once a year for Education staff at FCI Sandstone. This will include an easy access, user-friendly ordering system and weekly material exchange. The yearly training will be no less than 4 hours on content related to library services provided by a person with a Masters degree in Library Science, information resources, media services, or related degree is available to the institution for technical assistance and advice to establish and maintain library services.

PLACE OF PERFORMANCE:

Library loan services will be performed at FCI Sandstone 2300 County Road 29 Sandstone, MN 55072.

Training will be provided at either the local library, the institution or via teleconference.

15B41322Q00000006 Page 7 of 25

SCHEDULE:

Services will provide one day of weekly material exchange with flexibility of which weekday (Monday-Friday) the exchange will take place. The library service training will be conducted on a yearly basis with a date to be determined based off staff availability.

DESCRIPTION OF DUTIES:

The library will loan books/DVDs/CDs for inmate use as well as provide training for FCI Education staff once a year. The material will be loaned with a due date no earlier than 3 weeks from pick-up with an option to extend the due date until there are no more continual requests for the material within the inmate population. There will be no limits on the amount of material FCI Sandstone may be loaned at any given time. No late fees will be assessed to FCI Sandstone. All damaged and/or lost books will be fined to FCI Sandstone and billed on the 1st of September each year.

ACADEMIC EXPERIENCE AND/OR SPECIAL QUALIFICIATION REQUIRED:

The instructor who provides the training for FCI Sandstone Education staff must have a Masters in Library Science, information resources, media services, or related degree is available to the institution for technical assistance and advice to establish and maintain library services.

INSTITUTION SECURITY:

The contractor shall adhere to all federal, state and local laws and regulations in effect during the term of this contract. Contract staff should adhere to all policies and procedures prescribed by the BOP relating to the safety, custody, and conduct of inmates. The library will help aide FCI Sandstone in keeping the public and inmate population safe by inspecting books for drugs, weapons, and cell phones before staff pick-up the materials. In addition, if any library personnel need to enter the confines of FCI Sandstone they will have a background investigation conducted in accordance with BOP P.S. 3000.03, “Human Resource Management Manual.”

CONTRACTUAL ARRANGEMENT:

The award of this contract will result in a contractual arrangement only and shall not be construed as a personnel appointment with the Bureau of Prisons. Services provided do not constitute an employer/employee relationship. Payment is based on the provision of an end product or the accomplishment of a specific result.

The contractor will not be subject to Government supervision, except for security-related matters; however, the contractor will be monitored for quality assurance. Results to be obtained will be entirely within the contractor’s own unsupervised determination. Contractor performance shall be monitored by the Contract Monitor (CM).

MICELLANEOUS INFORMATION:

Delivery of material provided by the library is not required but may be negotiated at a later date.

15B41322Q00000006 Page 8 of 25

Section 3 - Contract Clauses

Clauses By Reference

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 at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.246-15 Certificate of Conformance (Apr 1984)

52.242-17 Government Delay of Work (Apr 1984)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

(Nov 2021)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Nov

2021)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

52.215-23 Limitations on Pass-Through Charges (Jun 2020)

52.216-18 Ordering (Aug 2020) (a)From Date: "10/01/2022"

15B41322Q00000006 Page 9 of 25

Clause Title Fill-ins (if applicable)

(a)To Date: "9/30/2027"

52.216-19 Order Limitations (Oct 1995)

52.216-21 Alt I Requirements (Oct 1995) - Alternate I (Apr 1984) (f): "10/01/2027"

52.216-22 Indefinite Quantity (Oct 1995) (d): "10/01/2027"

52.219-28 Post-Award Small Business Program Rerepresentation (Sep 2021)

52.222-3 Convict Labor (June 2003)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

52.222-41 Service Contract Labor Standards (Aug 2018)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) EmployeeClass1: "13058 -lIBRARY tECHNICIAN "

FringeBenefits1: "$17.82"

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018)

52.222-50 Combating Trafficking in Persons (Nov 2021)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

(Jan 2022)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (Aug 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(Jun 2020)

52.225-1 Buy American-Supplies (Nov 2021)

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-18 Availability of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jan 2017)

15B41322Q00000006 Page 10 of 25

Clause Title Fill-ins (if applicable)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

(Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-3 Continuity of Services (Jan 1991)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Jan

2022)

52.249-4 Termination for Convenience of the Government (Services) (Short

Form) (Apr 1984)

Clauses By Full Text

DJAR-PGD-15-03 Security of Department Information and Systems

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

15B41322Q00000006 Page 11 of 25

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.

III. Confidentiality and Non-disclosure of DOJ Information

A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S.

Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).

IV. Compliance with Information Technology Security Policies, Procedures and Requirements

A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E- Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;

3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information System backups;

8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication methods where required;

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9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contractor’s organization and the DOJ;

10. Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;

12. Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media;

limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System media containing DOJ Information before disposal, release or reuse of such media;

13. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical facilities and support infrastructure for such Information Systems;

14. Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Security standards;

15. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilities and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;

16. Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;

17. Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and

18. Identifying, reporting, and correcting Covered Information System security flaws in a timely manner, providing protection from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate action in response.

B. Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtaining an Authority to Operate (“ATO”) for each Covered Information System. The ATO shall be signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under this contract. The DOJ standards and requirements for obtaining an ATO may be found at DOJ Order 2640.2, as amended. (For Cloud Computing Systems, see Section V, below.)

C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, management, or maintenance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Chief Information Officer, and the DOJ Security Officer.

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’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 DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor’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 DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

E. The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause is prohibited until Contractor provides a letter to the DOJ CO, and obtains the CO’s approval, certifying compliance with the following requirements:

1. Media must be encrypted using a NIST FIPS 140-2 approved product;

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

3. Where applicable, media must utilize antivirus software and a host-based firewall mechanism;

4. Contractor must log all computer-readable data extracts from databases holding DOJ Information and verify that each extract including such data has been erased within 90 days of extraction or that its use is still required. All DOJ Information is sensitive information unless specifically designated as non-sensitive by the DOJ; and,

5. A Rules of Behavior (“ROB”) form must be signed by users. These rules must address, at a minimum, authorized and official use, prohibition against unauthorized users and use, and the protection of DOJ Information. The form also must notify the user that he or she has no reasonable expectation of privacy regarding any communications transmitted through or data stored on Contractor-owned laptops or other portable digital or electronic media.

F. Contractor-owned removable media containing DOJ Information shall not be removed from DOJ facilities without prior approval of the DOJ CO or COR.

G. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with DOJ security requirements.

H. Contractor must keep an accurate inventory of digital or electronic media used in the performance of DOJ contracts.

I. Contractor must remove all DOJ Information from Contractor media and return all such information to the DOJ within 15 days of the expiration or termination of the contract, unless otherwise extended by the CO, or waived (in part or whole) by the CO, and all such information shall be returned to the DOJ in a format and form acceptable to the DOJ. The removal and return of all DOJ Information must be accomplished in accordance with DOJ IT Security Standard requirements, and an official of the Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the removal and return of all DOJ Information.

J. DOJ, at its discretion, may suspend Contractor’s access to any DOJ Information, or terminate the contract, when DOJ suspects that Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incident (see Section V.E. below), where the Department determines that either event gives cause for such action. The suspension of access to DOJ Information may last until such time as DOJ, in its sole discretion, determines that the situation giving rise to such action has been corrected or no longer exists. Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to the DOJ, and that upon request by the CO, Contractor must immediately return all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at Contractor’s expense.

V. Cloud Computing

A. Cloud Computing means an Information System having the essential characteristics described in NIST SP 800-145, The NIST Definition of Cloud Computing. For the sake of this provision and clause, Cloud Computing includes Software as a Service, Platform as a Service, and Infrastructure as a Service, and deployment in a Private Cloud, Community Cloud, Public Cloud, or Hybrid Cloud.

B. Contractor may not utilize the Cloud system of any CSP unless:

1. The Cloud system and CSP have been evaluated and approved by a 3PAO certified under FedRAMP and Contractor has provided the most current Security Assessment Report (“SAR”) to the DOJ CO for consideration as part of Contractor’s overall System Security Plan, and any subsequent SARs within 30 days of issuance, and has received an ATO from the Authorizing Official for the DOJ component responsible for maintaining the security confidentiality, integrity, and availability of the DOJ Information under contract; or,

2. If not certified under FedRAMP, the Cloud System and CSP have received an ATO signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under the contract.

C. Contractor must ensure that the CSP allows DOJ to access and retrieve any DOJ Information processed, stored or transmitted in a Cloud system under this Contract within a reasonable time of any such request, but in no event less than 48 hours from the request. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall include any schemas, meta-data, and other associated data artifacts.

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VI. Information System Security Breach or Incident

A. Definitions

1. Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed unauthorized exposure, loss of control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any DOJ Information accessed by, retrievable from, processed by, stored on, or transmitted within, to or from any such system.

2. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed, Covered Information System Security Breach.

3. Security Incident means any Confirmed or Potential Covered Information System Security Breach.

B. Confirmed Breach. Contractor shall immediately (and in no event later than within 1 hour of discovery) report any Confirmed Breach to the DOJ CO and the CO's Representative (“COR”). If the Confirmed Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call DOJ-CERT at 1-866-US4-CERT (1-866-874-2378) immediately (and in no event later than within 1 hour of discovery of the Confirmed Breach), and shall notify the CO and COR as soon as practicable.

C. Potential Breach.

1. Contractor shall report any Potential Breach within 72 hours of detection to the DOJ CO and the COR, unless Contractor has

(a) completed its investigation of the Potential Breach in accordance with its own internal policies and procedures for identification, investigation and mitigation of Security Incidents and (b) determined that there has been no Confirmed Breach.

2. If Contractor has not made a determination within 72 hours of detection of the Potential Breach whether an Confirmed Breach has occurred, Contractor shall report the Potential Breach to the DOJ CO and COR within one-hour (i.e., 73 hours from detection of the Potential Breach). If the time by which to report the Potential Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call the DOJ Computer Emergency Readiness Team (DOJ-CERT) at 1-866-US4-CERT (1-866-874-2378) within one-hour (i.e., 73 hours from detection of the Potential Breach) and contact the DOJ CO and COR as soon as practicable.

D. Any report submitted in accordance with paragraphs (B) and (C), above, shall identify (1) both the Information Systems and DOJ Information involved or at risk, including the type, amount, and level of sensitivity of the DOJ Information and, if the DOJ Information contains PII, the estimated number of unique instances of PII, (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the US- CERT 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 theDOJ. Contractor shall continue to provide written updates to the DOJ CO regarding the status of the Security Incident at least every three (3) calendar days until informed otherwise by the DOJ CO.

E. All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Security Incident will be made by DOJ senior officials or the DOJ Core Management Team at DOJ’s discretion.

F. Upon notification of a Security Incident in accordance with this section, Contractor must provide to DOJ full access to any affected or potentially affected facility and/or Information System, including access by the DOJ OIG and Federal law enforcement organizations, and undertake any and all response actions DOJ determines are required to ensure the protection of DOJ Information, including providing all requested images, log files, and event information to facilitate rapid resolution of any Security Incident.

G. DOJ, at its sole discretion, may obtain, and Contractor 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. Additionally, DOJ, at its sole discretion, may require Contractor to retain, at Contractor’s expense, a Third Party Assessing Organization (3PAO), acceptable to DOJ, 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.

H. Response activities related to any Security Incident undertaken by DOJ, including activities undertaken by Contractor, other federal agencies, and any third-party contractors or firms at the request or direction of DOJ, 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. Contractor shall be responsible for all costs and related resource allocations required for all such response activities related to any Security Incident, including the cost of any penetration testing.

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VII. Personally Identifiable Information Notification Requirement

Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose Personally Identifiable Information (“PII”) was, or is reasonably determined by DOJ to have been, compromised. Any notification shall be coordinated with the DOJ CO and shall not proceed until the DOJ 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 Contractor shall be coordinated with, and subject to the approval of, DOJ. Contractor shall be responsible for taking corrective action consistent with DOJ Data Breach Notification Procedures and as directed by the DOJ CO, including all costs and expenses associated with such corrective action, which may include providing credit monitoring to any individuals whose PII was actually or potentially compromised.

VIII. Pass-through of Security Requirements to Subcontractors and CSPs The requirements set forth in the preceding paragraphs of this clause apply to all subcontractors and CSPs who perform work in connection with this Contract, including any CSP providing services for any other CSP under this Contract, and Contractor shall flow down this clause to all subcontractors and CSPs performing under this contract. Any breach by any subcontractor or CSP of any of the provisions set forth in this clause will be attributed to Contractor.

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 at this/ these address(es):

www.acquisition.gov [Insert one or more Internet addresses]

(End of clause)

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 [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

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 60 days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires.

The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

52.223-99 DEV Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

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(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance.