Clause Matrix.pdf

DEA CLAUSE MATRIX — OTHER THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Updated through FAC 2023‐02

April 2023

Solication #:

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 address: https://www.acquisition.gov/far‐smart‐matrix

(End of clause)

CONTRACTING OFFICER: Check the appropriate box only for clauses that are applicable to this procurement.

FAR CLAUSE CLAUSE TITLE AND DATE

52.204‐2 SECURITY REQUIREMENTS (MAR 2021)

52.204‐9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204‐12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

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)

52.204‐21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

52.209‐6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (JUN 2020)

52.209‐10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

52.213‐1 FAST PAYMENT PROCEDURE (MAY 2006)

52.213‐2 INVOICES (APR 1984)

52.213‐3 NOTICE TO SUPPLIER (APR 1984)

52.213‐4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (MAR 2023)

52.219‐3 NOTICE OF TOTAL HUBZONE SET‐ASIDE OR SOLE SOURCE AWARD (OCT 2022)

52.219‐6 NOTICE OF TOTAL SMALL BUSINESS SET‐ASIDE (NOV 2020)

52.219‐6 ALT I NOTICE OF TOTAL SMALL BUSINESS SET‐ASIDE (NOV 2020) WITH ALTERNATE I (MAR 2020)

52.219‐14 LIMITATION ON SUBCONTRACTING (OCT 2022)

52.219‐27 NOTICE OF TOTAL SERVICE‐DISABLED VETERAN‐OWNED SMALL BUSINESS SET‐ASIDE (OCT 2022)

52.219‐28 POST‐AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)

52.219‐29 NOTICE OF TOTAL SET‐ASIDE FOR ECONOMICALLY DISADVANTAGED WOMEN‐OWNED SMALL BUSINESS (EDWOSB) CONCERNS

(OCT 2022)

52.219‐30 NOTICE OF TOTAL SET‐ASIDE FOR WOMEN‐OWNED SMALL BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN‐OWNED SMALL BUSINESS

PROGRAM (OCT 2022)

52.219‐33 NONMANUFACTURER RULE (SEP 2021)

52.222‐55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (JAN 2022)

52.222‐62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) (FAC 2022‐04)

52.223‐2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

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April 2023

52.223‐9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA‐DESIGNATED ITEMS (MAY 2008)

52.223‐9 ALT I ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA‐DESIGNATED ITEMS (MAY 2008) WITH ALTERNATE I

(MAY 2008)

52.223‐11 OZONE‐DEPLETING SUBSTANCES (JUN 2016)

52.223‐12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (JUN 2016)

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)

52.224‐1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224‐2 PRIVACY ACT (APR 1984)

52.225‐13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.227‐14 RIGHTS IN DATA—GENERAL (MAY 2014)

52.227‐14 ALT I RIGHTS IN DATA—GENERAL (MAY 2014) WITH ALTERNATE I (DEC 2007)

52.227‐14 ALT II RIGHTS IN DATA—GENERAL (MAY 2014) WITH ALTERNATE II (DEC 2007)

52.227‐14 ALT III RIGHTS IN DATA—GENERAL (MAY 2014) WITH ALTERNATE III (DEC 2007)

52.227‐17 RIGHTS IN DATA—SPECIAL WORKS (DEC 2007)

52.227‐18 RIGHTS IN DATA—EXISTING WORKS (DEC 2007)

52.232‐6 PAYMENTS UNDER COMMUNICATION SERVICE CONTRACTS WITH COMMON CARRIERS (APR 1984)

52.232‐18 AVAILABILITY OF FUNDS (APR 1984)

52.232‐23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232‐36 PAYMENT BY THIRD PARTY (MAY 2014)

52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021)

52.233‐3 PROTEST AFTER AWARD (AUG 1996)

52.233‐4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.237‐2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

52.239‐1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

52.242‐15 STOP‐WORK ORDER (AUG 1989)

52.242‐17 GOVERNMENT DELAY OF WORK (APR 1984)

52.243‐1 CHANGES—FIXED‐PRICE (AUG 1987)

52.243‐1 ALT I CHANGES—FIXED‐PRICE (AUG 1987) – ALTERNATE I (APR 1984)

52.243‐1 ALT II CHANGES—FIXED‐PRICE (AUG 1987) – ALTERNATE II (APR 1984)

52.244‐6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

52.246‐26 REPORTING NONCONFORMING ITEMS (JUN 2020)

The following clauses are required in solicitations and contracts for construction requirements in excess of $2,000.

52.222‐5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)

52.222‐6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

52.222‐7 WITHHOLDING OF FUNDS (MAY 2014)

52.222‐8 PAYROLLS AND BASIC RECORDS (AUG 2018)

52.222‐10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222‐11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222‐12 CONTRACT TERMINATION—DEBARMENT (MAY 2014)

52.222‐13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

52.222‐14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222‐15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222‐27 AFFIRMATIVE ACTION REQUIREMENTS FOR CONSTRUCTION (APR 2015)

52.232‐5 PAYMENTS UNDER FIXED‐PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.236‐5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236‐7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.242‐14 SUSPENSION OF WORK (APR 1984)

DEA‐2852.222‐71 APPLICABLE WAGE DETERMINATION (CONSTRUCTION WAGE RATE REQUIREMENTS) (APR 2021)

(a) In accordance with clause 52.222‐6, Construction Wage Rate Requirements, the minimum monetary wages and fringe benefits applicable to this contract are set forth in the attached Wage Determination(s):

Wage Determination # Revision # Date Section J Attachment #

(b) The Contractor shall attach a copy of this (these) wage determination(s) to Wage and Hour Division (WHD) poster WH‐1321, Employee Rights under the Davis‐Bacon Act, and shall post both the form and the wage determination in a prominent and accessible location in the workplace as required by Federal Acquisition Regulation 22.404‐10. WH‐1321 is available for downloading at http://www.dol.gov/whd/regs/compliance/posters/fedprojc.pdf (a Spanish language version is available at http://www.dol.gov/whd/regs/compliance/posters/davispan.pdf).

(c) The Contractor shall classify each service employee who will perform under this contract by the applicable wage determination according to the work performed by the employee. If the applicable wage determination does not include an appropriate occupational code, title, and wage rate for a service employee employed under the contract, the Contractor shall initiate the conformance process in accordance with paragraph (c) of clause 52.222‐6 and corresponding instructions provided by the WHD at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/Tab7.pdf.

(End of Clause)

The following clauses may be applicable in solicitations and contracts for services subject to the Service Contract Labor Standards statute (41 U.S.C. chapter 67) in excess of $2,500. Examples of such services may be found at FAR 22.1003‐5. Exceptions may be found at 22.1003‐3 and 22.1003‐4.

52.222‐41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

52.222‐42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

Employee Class Monetary Wage—Fringe Benefits

(End of clause)

52.222‐51 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT—REQUIREMENTS (MAY 2014)

DEA‐2852.222‐70 APPLICABLE WAGE DETERMINATION (SERVICE CONTRACT LABOR STANDARDS) (APR 2021)

(a) In accordance with clause 52.222‐41, Service Contract Labor Standards, the minimum monetary wages and fringe benefits applicable to this contract are set forth in the attached Wage Determination(s):

Wage Determination # Revision # Date Section J Attachment #

2015‐5231 23 12/27/2022

(b) The Contractor shall attach a copy of this (these) wage determination(s) to Wage and Hour Division (WHD) poster WH‐1313, Employee Rights on Government Contracts, and shall post both the publication and the wage determination(s) in a prominent and accessible location in the workplace as required by Federal Acquisition Regulation 22.1018(c). WH‐1313 is available for downloading at http://www.dol.gov/whd/regs/compliance/posters/sca.htm (Spanish language version available at http://www.dol.gov/whd/regs/compliance/pdf/scaspan.pdf).

(c) The Contractor shall classify each service employee who will perform under this contract by the applicable wage determination according to the work performed by the employee. If the applicable wage determination does not include an appropriate occupational code, title, and wage rate for a service employee employed under the contract, the Contractor shall initiate the conformance process in accordance with paragraph (c) of clause 52.222‐41 and corresponding instructions provided by the WHD at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/SCA_Conformance_Guide.pdf.

CONTRACTING OFFICER: List additional clauses below, as needed, by checking the box and entering the clause number and title for each one added.

THE FOLLOWING CLAUSES ARE ALSO APPLICABLE WHEN THE CORRESPONDING BOXES ARE MARKED.

DEA‐2852.203‐70 FORMER EMPLOYMENT OR ASSIGNMENT WITH THE DEA (SEP 2021)

(Note: When this clause is selected, the Contractor Ethics Questionnaire must be included as an attachment to the solicitation and order.)

(a) Any offeror or contractor who intends to employ any individual who either currently works for DEA, or had been employed with DEA as a Federal employee within the previous five (5) years for work supporting a prospective or active DEA contract must notify DEA of its intent as described in this clause.

(b) The offeror or contractor shall instruct any prospective or current employee meeting the criteria in paragraph (a), above, to complete and sign a DEA Contractor

Ethics Questionnaire. The Questionnaire is available for download at https://www.dea.gov/sites/default/files/2020‐

06/contractor_ethics_questionnaire_jan_2020.pdf. When the intent to employ such individual is known prior to the award of a new contract or order, the contractor shall submit the employee’s completed questionnaire and résumé to DEA concurrently with its proposal. When the intent is to employ such individual under an existing contract or order, the contractor shall submit the completed questionnaire and résumé electronically to the cognizant DEA contracting officer AND ethicsFAC@usdoj.gov.

(c) The offeror or contractor understands that any such employees described in paragraph (a) are prohibited from appearing before, or communicating with, the

Federal Government on behalf of a contractor regarding a Government contract, investigation or other particular matter that they participated in personally and substantially as a Federal employee with the intent to influence Government officials in those matters for the lifetime of those matters.

(d) The offeror or contractor further understands that for two (2) years after leaving the Federal Government, such employees described in paragraph (a) are prohibited from appearing before, or communicating with, the Government with the intent to influence on behalf of a contractor regarding a Government contract, investigation or other particular matter that they did not participate in personally and substantially as a Federal employee, but that was under their official responsibility during their last year in the Government. For purposes of this clause, an employee is defined as one appointed under Title 5, Section 2015 or Title 21, Section 878 of the United States Code.

(e) If DEA determines after reviewing questionnaire responses or conducting other inquiries that the prospective employee is disqualified for assignment to the contract based on an unfavorable suitability and/or security determination, or may violate the post‐employment restrictions described in paragraphs (c) or (d), above, or other applicable laws if allowed to work on or support the contract/task order, at DEA’s request, the offeror or contractor must not assign such employee to work under a prospective or active contract.

(f) If an offeror or contractor fails to provide a required Questionnaire, the prospective employee will not be approved to work under the DEA contract or order until such time as the Questionnaire is submitted, reviewed, and approved in accordance with established procedures.

DEA‐2852.209‐70 ORGANIZATIONAL CONFLICTS OF INTEREST (SEP 2021)

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances that would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) In the event that an actual, potential, or apparent organizational conflict of interest is discovered after award, the Contractor shall make full disclosure of the particular facts and circumstances to the Contracting Officer in writing. This disclosure shall include a description of the actions that the Contractor has taken, or proposes to take in order to avoid, mitigate, or neutralize the risk to the Government.

(c) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if deemed necessary to avoid or mitigate an actual or apparent organizational conflict of interest. In the event that the Contractor failed to disclose in a timely manner, or misrepresented the facts and circumstances of, an actual, potential, or apparent organizational conflict of interest of which it had prior knowledge, the Contracting Officer may terminate this contract for default or cause, and pursue additional remedies, including debarment, as may be provided by law.

(d) The Contractor shall insert terms substantially similar to this clause in any subcontract or consultant agreement under this contract.

DEA‐2852.211‐71 SCHEDULED AND UNSCHEDULED CLOSURES OF GOVERNMENT OFFICES (JUL 2021)

(a) In accordance with 5 U.S.C. 6103, Federal Government offices are closed for ordinary business in observance of the following holidays:

New Year’s Day

Birthday of Martin Luther King, Jr.

Washington’s Day

Memorial Day

Juneteenth

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Day

Inauguration Day (Federal offices in the Washington DC metropolitan area only)

(b) Federal offices may close at other times without advance notice due to emergencies, inclement weather, interruption of utilities, or other reasons. Such closures may be declared by the President, Office of Personnel Management, Office of Management and Budget, the Administrator of the DEA, or other appropriate executive authority. The duration of such closures may range from an early closure with normal operations expected on the next business day to a period of indeterminate length.

(c) At the time that a closure is declared, appropriate information, notifications, and instructions will be provided regarding the return to normal operations. The

Contractor shall comply with all directives issued in regards to such closures. The Contractor shall follow agency procedures for registering emergency contact information and shall monitor appropriate broadcast mediums for receiving emergency information.

(d) When a closure is declared, contractor personnel must vacate the facility as directed except personnel designated in accordance with agency procedures by the contracting officer to remain onsite to continue performance. Evacuated personnel will not be allowed to reenter the facility for the duration of the closure.

Performance of work at alternate sites is not permissible except in accordance with the terms of the contract and written authorization by the contracting officer.

(e) Whenever it is necessary for contractor employees to continue performance during such closures, the contracting officer will provide written authorization for such work. Such written authorization will designate the specific individuals authorized to continue performance, alternate work sites when applicable, work schedules, work dates, and special instructions and information. Telework may be authorized if permitted by the terms of the contract. Any services scheduled to be performed at Government facilities shall not be performed elsewhere unless specifically authorized in accordance with the terms of this contract.

(f) For firm fixed priced contracts, the terms for invoicing and payment in the contract will remain unchanged unless changed by a fully executed modification to the contract.

(g) For other than firm fixed priced contracts, the contractor shall invoice in accordance with the Payments and Prompt Payment clauses of the contract only for work performed. Employee compensation for the period of the closure shall be governed by corporate policy.

(h) Agency‐sponsored events such as picnics or other social events are not considered to be official office closures. The Contractor shall not invoice for time spent by its employees attending or participating in such events.

(i) In no case will any compensable administrative leave, which might be approved for Federal employees in connection with official holidays or other events, extend to contractor personnel.

[End of clause]

DEA‐2852.219‐70 SECTION 8(a) DIRECT AWARD (MAY 2012)

(a) Pursuant to the Partnership Agreement (PA) between the U.S. Small Business Administration (SBA) and the U.S. Department of Justice (DOJ), the U.S. Drug

Enforcement Administration (DEA), a component of the DOJ, hereby executes a direct award to [enter name of 8(a) concern] under the authority delegated to it by the SBA in accordance with 13 CFR 124.501 and the PA. DEA will perform all contract execution and review functions pertaining to this award in accordance with the delegation. The DEA will notify the SBA of this award, as required by 13 CFR 124.503(a)(4)(ii), and provide SBA with a copy of the award.

(b) Notwithstanding the identification of the parties on the award form, the prime Contractor for this award is the U.S. Small Business Administration, and [enter name of 8(a) concern] is the Subcontractor.

(c) The cognizant SBA district office is:

[SBA district office]

[street address]

[city, state and zip code]

(d) [enter name of the 8(a) concern] shall:

(1) Notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA’s 8(a) regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Public Law 100‐656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control;

(2) Comply with the applicable performance requirements of clause 52.219‐14, Limitations on Subcontracting as checked below: [Contracting officer: check only one performance standard based on the primary purpose of the contract.]

Services (except construction) — At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

Supplies (other than procurement from a nonmanufacturer of such supplies) — The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

General construction — The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

Construction by special trade contractors — The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(3) Provide the contracting officer with evidence of compliance with the applicable performance standard. This report shall show total dollars expended in the cost category specified in the performance standard both for the reporting period and cumulative to date along with the dollars and percentage of total dollars expended from the contractor’s resources. This report shall be submitted annually. A final report covering the entire period of the contract shall be submitted upon expiration of the contract.

(4) Not subcontract the performance of any of the requirements of this contract without the prior written approval of the Contracting Officer.

(e) Compliance with the Limitation on Subcontracting clause is a mandatory performance requirement of this contract.

DEA‐2852.237‐70 PREVENTING PERSONAL SERVICES CONTRACTS AND PERFORMANCE OF INHERENTLY GOVERNMENT FUNCTIONS (JUN 2018)

(a) A personal services contract is characterized by the employer‐employee relationship it creates between the Government and the contractor’s personnel. This contract action is for non‐personal services and is not a personal services contract action. Due to the need for close interaction of government and contractor personnel, it is essential for all contractor personnel for this contract performing at Drug Enforcement Administration (DEA) designated worksites to receive supervision from their parent company and avoid employer‐employee relationships with government officials. In addition, it is important for contractor personnel to recognize and avoid circumstances that may appear to be personal services. Federal Acquisition Regulation (FAR) subpart 37.104 provides important information to be aware of to avoid performing these types of duties. The contractor awarded this contract shall ensure their employees and subcontractors comply with this requirement and receive supervision from their parent company to avoid performance of a personal services contract.

(b) “Inherently governmental function” means, as a matter of policy, a function so intimately related to the public interest as to mandate performance by

Government employees. An inherently governmental function includes activities requiring either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the Government. Governmental functions normally fall into two categories: the act of governing, i.e., the discretionary exercise of Government authority, and monetary transactions and entitlements. It is essential for all contractor personnel performing services at DEA designated worksites to recognize and understand what inherently government functions are. Federal Acquisition Regulation (FAR) subpart 7.5 ‐

Inherently Governmental Functions and the Office of Management and Budget’s (OMB) Office of Federal Procurement Policy (OFPP) Policy Letter 11‐01, Performance of Inherently Governmental and Critical Functions, provide important information regarding inherently governmental functions to be aware of to avoid performing these types of duties. The contractor awarded this contract shall ensure their employees and subcontractors comply with this requirement.

(c) Contractors providing personnel who perform services on‐site at DEA offices must certify via the “Contractor Employee Certification Concerning Prohibition of

Personal Services Contracts and Inherently Governmental Functions” form that its on‐site employee(s) have read and understand FAR 37.104, Personal services contracts, and FAR subpart 7.5 before they may begin work at an on‐site DEA office. The Contractor on‐site supervisor shall address any questions or concerns with the Contracting Officer’s Representative (COR) or Contracting Officer.

(End of Clause)

DEA‐2852.239‐71 INFORMATION RESELLERS OR DATA BROKERS (MAY2012)

(a) Under this contract, the Drug Enforcement Administration (DEA) obtains personally identifiable information about individuals from the contractor.

(b) The Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information

(as defined by OMB) was, or is reasonable believed to have been, breached. Any notification shall be coordinated with the DEA, and shall not proceed until the

DEA has made a determination that notification would not impede a law enforcement investigation or jeopardize national security.

(c) The method and content of any notification by the contractor shall be coordinated with, and be subject to the approval of, the DEA/DOJ. The Contractor assumes full responsibility for taking corrective action consistent with the DEA’s Guidelines for Data Breach Notification (December 2, 2011), which may include offering credit monitoring when appropriate.

DEA‐2852.239‐74 CERTIFICATION OF OPERABILITY ON SYSTEMS USING THE FEDERAL DESKTOP CORE CONFIGURATION OR THE UNITED STATES

GOVERNMENT CONFIGURATION BASELINE (MAY 2012)

(a) The provider of information technology shall certify applications are fully functional and operate correctly as intended on systems using the Federal Desktop

Core Configuration (FDCC) or the United States Government Configuration Baseline (USGCB). This includes Internet Explorer 7 and 8 configured to operate on

Windows XP, Windows Vista, and Windows 7 (in Protected Mode on Windows Vista and Windows 7).

For the Windows XP settings, see: http://csrc.nist.gov/itsec/guidance_WinXP.html.

For the Windows Vista settings, see: http://csrc.nist.gov/itsec/guidance_vista.html.

For Windows 7 settings, see: http://usgcb.nist.gov/usgcb_content.html.

(b) The standard installation, operation, maintenance, updating, and/or patching of software shall not alter the configuration settings from the approved FDCC or

USGCB configuration. The information technology should also use the Windows Installer Service for installation to the default “program files” directory and should be able to silently install and uninstall.

(c) Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

DEA‐2852.242‐71 INVOICE REQUIREMENTS (DEC 2022)

(a) In order to initiate processing for payment, the Contractor shall submit scanned or electronic images of invoice(s) to the following e‐mail address:

invoice.aviation@dea.gov. The Contractor shall also send an informational copy of the invoice to the following addressee(s):

(1) Robert J Radke, robert.j.radke@dea.gov; and

(2) Contracting Officer’s Representative: Lepoleon Chambers, kermit.l.chambers@dea.gov .

(b) The date of record for invoice receipt is established on the day of receipt of the e‐mail if it arrives before the end of standard business hours (5 p.m. local), or the next business day if the invoice arrives outside of normal business hours. Scanned documents with original signatures in .pdf or other graphic formats attached to the e‐mail are acceptable. Digital/electronic signatures and certificates cannot be processed by DEA and will be returned.

(c) In addition to the items required in FAR 32.905(b), a proper invoice shall also include the following minimum additional information and/or attached documentation:

(1) Total/cumulative charges for the billing period for each Contract Line Item Number (CLIN);

(2) Dates upon which items/services were delivered; and

(3) The Contractor’s Taxpayer Identification Number (TIN).

(d) Invoices will be rejected if they are illegible or otherwise unreadable, or if they do not contain the required information or signatures.

DEA‐2852.242‐72 FINAL INVOICE AND RELEASE OF RESIDUAL FUNDS (MAY 2012)

(a) The Contractor shall submit a copy of the final invoice to the Contracting Officer at the address listed in clause DEA‐2852.242‐71, Invoice Requirements. The final invoice must be marked “Informational Copy – Final Invoice.”

April 2023

(b) By submission of the final invoice and upon receipt of final payment, the Contractor releases the Government from any and all claims arising under, or by virtue of, this contract. Accordingly, the Government shall not be liable for the payment of any future invoices that may be submitted under the above referenced order.

(c) If residual funds on the contract total $100 or less after payment of the final invoice, the Government will automatically deobligate the residual funds without further communication with the vendor.

(d) If funds greater than $100 remain on this order after payment of the final invoice, the Government will issue a bilateral modification to deobligate the residual funds. The contractor will have up to 14 calendar days after issuance of the modification to sign and return it. The contractor’s signature on the modification shall constitute a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. If the contractor fails to sign the modification or assert a claim within the stated period, the

Government will deobligate the residual balance and proceed with closeout of the contract.

(End of clause)

DEA‐2852.242‐77 PERMITS AND LICENSES (MAY 2012)

(a) The Contractor shall obtain, and maintain in effect, all necessary permits and/or licenses required by Federal, State and/or Local laws, regulations, or ordinances for the performance of work under this contract. For other than firm‐fixed price contracts, the costs for obtaining such permits and/or licenses are reimbursable except for any such licensing or certification standards applicable to employee qualifications for performing the required work.

(b) The costs of obtaining and maintaining such permits and licenses are reimbursable to the extent permitted by the applicable cost principles specified in Part 31 of the Federal Acquisition Regulation.

(c) The Contractor shall comply with all applicable laws and ordinances pertaining to the work under this contract.

(End of clause)

DEA‐2852.247‐70 GENERAL PACKAGING AND MARKING REQUIREMENTS (MAY 2012)

(a) Packaging and packing for all items (includes written materials, reports, presentations, etc.) delivered hereunder shall be in accordance with common commercial practices, adequate to insure protection from possible damage resulting from improper handling, inclement weather, water damage, excessive heat and cold, and to insure acceptance by a common carrier for safe delivery to its final destination.

(b) All deliverables shall clearly indicate the contract number and/or task (delivery) order number, as appropriate, on or adjacent to the exterior shipping label.

(End of clause)

DEA‐2852.242‐81 CONTRACTOR RECORDS MANAGEMENT REQUIREMENTS (SEP 2020)

A. Applicability

This clause applies to all contractors whose employees create, receive, or maintain federal records as defined below in Section B.

B. Definitions

“Federal record,” 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. DEA Federal Records include records created, received, or maintained by the contractor its employees, agents, or subcontractors pursuant to this contract;

and, deliverables and documentation associated with deliverables. Personal materials are not considered federal records.

C. Requirements

1. The contractor shall 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. Chapters 21, 29, 31, and 33), NARA regulations at 36 C.F.R. Chapter XII

Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. § 552a). These policies include the preservation of all DEA records, regardless of form or characteristics, 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, the contractor shall maintain all DEA records created for DEA use or created in the course of performing this contract and/or delivered to, or under the legal control of the government, and records must be managed in accordance with federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. DEA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records shall not be destroyed except in accordance with the provisions of the agency records schedules and with concurrence of the DEA Contracting Officer.

Records may not be removed from the legal custody of DEA without the written concurrence of the Deputy Assistant Administrator, Office of Acquisition and Relocation Management. Willful and unlawful destruction, damage, or alienation of federal records is subject to the fines and penalties imposed by

18 U.S.C. § 2701. In the event that the contractor determines that there has been an unlawful or accidental unauthorized destruction, accidental removal, or alteration of federal records within its control, or within the control of its employees and agents, the contractor shall immediately report the incident to the DEA Contracting Officer of all facts and circumstances related to the discovered destruction or removal. The DEA Contracting Officer must advise

DEA’s Office of Administration, Freedom of Information and Records Management Section (FSR) of any such incidents and FSR must report promptly to

NARA in accordance with 36 C.F.R. § 1230.

5. The contractor shall immediately notify the appropriate DEA 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 this contract. The contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of DEA information, data, documentary material, records, and/or equipment are properly protected.

The contractor shall not remove material from DEA facilities or systems, or facilities or systems operated or maintained on the DEA’s behalf, without the express written permission of the Deputy Assistant Administrator, Office of Acquisition and Relocation Management. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to DEA’s control or the contractor must hold it until otherwise directed. Items returned to DEA shall be hand carried, mailed, emailed, or securely electronically transmitted to the DEA Contracting Officer or address prescribed in this contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The contractor is required to obtain the DEA Contracting Officer's approval prior to engaging in any contractual relationship (sub‐contract) 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 subcontractor) is required to abide by government and DEA guidance for protecting sensitive, proprietary, classified, and controlled unclassified information. The contractor shall:

Incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under DEA awarded contracts, and require written subcontractor acknowledgment of same.

Violation by a subcontractor of any provision set forth in this clause will be attributed to the contractor

7. The contractor shall only use government‐furnished equipment or resources for purposes specifically tied to or authorized by the contract.

8. The contractor shall not create or maintain any records containing any non‐public DEA information that are not specifically tied to or authorized by the contract.

9. Notwithstanding the Rights in Data clause of the contract, 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 is exempt from disclosure by the Freedom of Information Act.

10. In accordance with the Rights in Data clause of the contract, DEA reserves its rights to data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which DEA 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. Training. All contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take DEA provided records management training. The contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher 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/order, and require written subcontractor acknowledgement of the requirements.

2. Violation by any subcontractor of any provision set forth in this clause will be attributed to the contractor.

DEA‐2852.242‐82 DOJ REPORTING SYSTEM FOR REPORTABLE PERSONNEL SECURITY RELATED ACTIVITIES (APR 2023)

This clause is applicable if the contract or order includes clause DOJ‐03, Personnel Security Requirements for Contractor Employees and ALTERNATE I—Classified

Information—Cleared Contractors. The Department of Justice (DOJ) iReport system is a secure, web‐based application used by personnel to report activities as required by section 6 – Employee Reporting Requirements of clause DOJ‐03. Use of the iReport system is mandatory for contractor employees having access to it through Firebird. Employees who do not have access to iReport must submit reports directly to the cognizant Contracting Officer’s Representative and to the DEA

Security Program Manager by email to ISR.Correspondence@dea.gov. Additional guidance and instruction on the use of the iReport system may be viewed at https://dojnet.doj.gov/jmd/seps/persg/ireport.php.

DOJ‐02 CONTRACTOR PRIVACY REQUIREMENTS (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224‐1 Privacy Act Notification (APR 1984) and FAR 52.224‐2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this

Privacy Act information may be found at https://www.justice.gov/opcl/doj‐systems‐records.1 Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically authorized within this contract, the Contractor shall perform all tasks on authorized Government networks, using Government‐furnished IT and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the

Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the

Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government‐furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.

(3) Prior Approval Required to Hire Subcontractors

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

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract. The separation checklist must verify: (1) return of any Government‐furnished equipment; (2) return or proper disposition of personally identifiable information (PII) , in paper or electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer systems or media as appropriate; and

(3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access to PII or other sensitive information.

In the event of adverse job actions resulting in the dismissal of a Contractor or Subcontractor employee before the separation checklist can be completed, the Prime

Contractor must notify the Contracting Officer within 24 hours and confirm receipt of the notification. In the case the Contractor is unable to notify the Contracting

Officer, then the Contractor should notify the Contract Officer’s Representative (COR).

Contractors must complete the separation checklist with the Contracting Officer or COR by returning all Government‐furnished property including, but not limited to, computer equipment, media, credentials and passports, smart cards, mobile devices, Personal Identity Verification (PIV) cards, calling cards, and keys and terminating access to all user accounts and systems. Unless the Contracting Officer requests otherwise, the relevant Program Manager or other Key Personnel designated by the

Contracting Officer or COR may facilitate the return of equipment.

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors who have access to PII as well as the creation, use, dissemination and/or destruction of PII at the outset of the employee’s work on the contract and every year thereafter. Training must include procedures on how to properly handle PII, including heightened security requirements for the transporting or transmission of sensitive PII, and reporting requirements for a suspected breach or loss of PII. These courses, along with more information about DOJ security and training requirements for Contractors, are available at https://www.justice.gov/jmd/learndoj. The Federal Information Security Modernization Act of 2014 (FISMA) requires all individuals accessing DOJ information to complete training on records management, cybersecurity awareness, and information system privacy awareness. Contractor employees are required to sign the

“Privacy Rules of Behavior,” acknowledging and agreeing to abide by privacy law, policy, and certain privacy safeguards, prior to accessing DOJ information. These

Rules of Behavior are made available to all new users of DOJ’s computer network and to trainees at the conclusion of DOJ‐OPCL‐CS‐0005.

The Contractor should maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required privacy and cybersecurity training.

1 “[T]he term ‘record’ means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.” 5 U.S.C. § 552a(a)(4). “[T]he term ‘system of records’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.” 5 U.S.C. § 552a(a)(5).

2 As stated in FAR 52.224‐3 and Office of Management and Budget (OMB) Circular A‐130, Managing Federal Information as a Strategic Resource (2016), “’personally identifiable information’ means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual.” Regarding “sensitive PII,” “[t]he sensitivity level of the PII will depend on the context, including the purpose for which the PII is created, collected, used, processed, stored, maintained, disseminated, disclosed, or disposed. For example, the sensitivity level of a list of individuals’ names may depend on the source of the information, the other information associated with the list, the intended use of the information, the ways in which the information will be processed and shared, and the ability to access the information.” OMB Circular A‐130, at App. II‐2.

(2) Safeguarding PII Requirements

Contractor employees must comply with DOJ Order 0904 and other guidance published to the publicly‐available Office of Privacy and Civil Liberties (OPCL) Resources page relating to the safeguarding of PII, including the use of additional controls to safeguard sensitive PII (e.g., the encryption of sensitive PII). This requirement flows down from the Prime Contractor to all Subcontractors and lower tiered subcontracts.

(3) Non‐Disclosure Agreement Requirement

Prior to commencing work, all Contractor personnel that may have access to PII or other sensitive information shall be required to sign a Non‐Disclosure Agreement

(NDA) and the DOJ IT Rules of Behavior. The Non‐Disclosure Agreement:

(a) prohibits the Contractor from retaining or divulging any PII or other sensitive information, or derivatives therefrom, furnished by the Government or to which they may otherwise come in contact as a result of their performance of work under the contract/task order that is otherwise not publicly available, whether or not such information has been reduced to writing; and

(b) requires the Contractor to report any loss of control, compromise, unauthorized disclosure, or unauthorized acquisition of PII or other sensitive information to the component‐level or headquarters Security Operations Center within one (1) hour of discovery.

The Contractor should maintain signed copies of the NDA for all employees as a record of compliance. The Contractor should also provide copies of each employee’s signed NDA to the Contracting Officer before the employee may commence work under the contract/task order.

(4) Prohibition on Use of PII in Vendor Billing and Administrative Records

The Contractor’s invoicing, billing, and other financial or administrative records or databases is not authorized to regularly store or include any sensitive PII or other confidential government information that is created, obtained, or provided during the performance of the contract without the written permission of the Senior

Component Official for Privacy (SCOP). It is acceptable to list the names, titles and contact information for the Contracting Officer, COR, or other personnel associated with the administration of the contract in the invoices as needed.

(5) Reporting Actual or Suspected Data Breach

Contractors must report any actual or suspected breach of PII within one hour of discovery.

A “breach” is an incident or occurrence that involves…