matrix_D-14-L9-0015.docx

PROVISION & CLAUSE MATRIX – COMMERCIAL ITEMS

Updated through FAC 2005-72 & PGD 14-02 (4/7/2014)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://acquisition.gov/far/index.html.

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Justice Acquisition Regulation (48 CFR Chapter 28) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of provision)

CONTRACTING OFFICER: Check the corresponding box for the provisions and clauses applicable to this procurement.

Note: This provision is applicable for acquisitions exceeding the simplified acquisition threshold.

***fill-in information*** [Designate the official or location where a protest may be served on the Contracting Officer.]

The following provisions require completion by the offeror and must be submitted with the quotation or offer.

Contracting officer — select applicable item when an exemption to the Service Contract Act applies.

|_| Paragraph k(1) is applicable. |_| Paragraph k(2) is applicable.

(2) With any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The offeror certifies that, as of the date of this offer —

(1) The offeror is |_| is not |_| a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months; and

(2) The offeror is |_| is not |_| a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

Continued on next page

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: http://www.acquisition.gov/far/index.html.

(End of clause)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

|_| Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.] |_| (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

|_| (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

|_| (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

|_| (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

|_| (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

|_| (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

|_| (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

|_| (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

|_| (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

|_| (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

|_| (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

|_| (13) [Reserved] |_| (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

|_| (ii) Alternate I (Nov 2011).

|_| (iii) Alternate II (Nov 2011).

Solicitation #: D-14-L9-0015

|_| (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

|_| (ii) Alternate I (Oct 1995) of 52.219-7.

|_| (iii) Alternate II (Mar 2004) of 52.219-7.

|_| (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

|_| (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

|_| (ii) Alternate I (Oct 2001) of 52.219-9.

|_| (iii) Alternate II (Oct 2001) of 52.219-9.

|_| (iv) Alternate III (Jul 2010) of 52.219-9.

|_| (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

|_| (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

|_| (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

|_| (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

|_| (ii) Alternate I (June 2003) of 52.219-23.

|_| (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

|_| (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

|_| (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

|_| (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

|_| (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

|_| (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

|_| (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

|_| (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

|_| (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

|_| (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

|_| (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

|_| (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

|_| (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

|_| (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

|_| (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

|_| (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

|_| (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

|_| (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

|_| (ii) Alternate I (DEC 2007) of 52.223-16.

|_| (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

|_| (41) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

|_| (42)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

|_| (ii) Alternate I (Mar 2012) of 52.225-3.

|_| (iii) Alternate II (Mar 2012) of 52.225-3.

|_| (iv) Alternate III (Nov 2012) of 52.225-3.

|_| (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

|_| (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

|_| (45) 52.225-26, Contractors Performing Private Security Functions Outside of the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

Solicitation #: D-14-L9-0015

|_| (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

|_| (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). |_| (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

|_| (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

|_| (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

|_| (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

|_| (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

|_| (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

|_| (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

|_| (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.] |_| (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

|_| (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

|_| (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

|_| (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

|_| (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

|_| (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

|_| (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

|_| (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

|_| (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

Solicitation #: D-14-L9-0015

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

|_| Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside of the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

***fill-in information in paragraph (d)*** [enter agency point of contact name, phone #, and e-mail address]

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 as indicated below.

(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. (End of clause)

unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(End of clause)

(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

· 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 inclement weather, interruption of utilities, or other reasons. Such closures will be declared by the President, Office of Personnel Management, Office of Management and Budget, the Administrator of the DEA, or other appropriate executive authority. In the event of a closure, normal business activity at the affected Government facilities ceases and personnel, with the exception of individuals pre-designated in accordance with approved Continuity of Operations Plans (COOPs), are directed to vacate Government facilities and/or not report to their duty stations.

(c) The Contractor shall comply with all directives issued in regards to such closures. Contractor personnel shall vacate the affected facilities in accordance with the closure directive and report back to the facilities only when directed. The Contractor shall follow agency procedures for registering emergency contact information and shall monitor appropriate mediums for receiving emergency information.

(d) In accordance with the Payments and Prompt Payment clauses of the contract, the Contractor shall invoice for services scheduled to be performed at Government facilities only to the extent that the services were actually delivered. For other than firm-fixed-priced contracts, the contractor shall only invoice for labor hours worked prior to the effective time of the closure and after the termination of the closure. Any administrative leave approved for Federal employees does not extend to contractor personnel. Employee compensation for the period of the closure shall be governed by corporate policy.

(e) 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.

[End of clause]

(a) It has been determined that the services provided under this contract are mission-critical and essential to the ongoing operations of the Drug Enforcement Administration.

(b) In the event of a pandemic influenza outbreak or other biomedical emergency or catastrophe, the Contractor shall continue performance of this contract without delay or interruption.

(c) The Government will provide notice, information, and instructions to the Contractor regarding any such event. If it is determined that changes to the performance requirements are necessary, the Government will implement the necessary changes by the issuance of Change Orders in accordance with the Changes clause of the contract, and the Contractor may assert its right for an equitable adjustment accordingly.

Solicitation #: D-14-L9-0015

(d) Additional information and guidance is provided in the attached notice entitled, “Continuing Contract Performance During a Pandemic Influenza or Other National Emergency.”

(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.]

(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.

(End of clause)

(a) In accordance with clause 52.222-41, Service Contract Act of 1965, 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 #

Solicitation #: D-14-L9-0015

(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 http://www.wdol.gov/sca_confrmnce.aspx.

(End of clause)

(a) Systems Security. The work to be performed under this contract requires the handling of data that originated within the Drug Enforcement Administration (DEA)/U.S. Department of Justice (DOJ), data that the contractor manages or acquires for the DEA/DOJ, and/or data that is acquired in order to perform the contract and concerns DEA/DOJ programs or personnel. For all systems handling such data, the Contractor shall comply with all security requirements applicable to DEA/DOJ systems including, but not limited to, all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2F.

The Contractor shall provide DEA/DOJ access to and information regarding the contractor’s systems when requested by the DEA/DOJ in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DEA/DOJ access shall include independent validation testing of controls, system penetration testing by DEA/DOJ, FISMA data reviews, and access by the DEA Office of the Chief Inspector/DOJ Office of the Inspector General for its reviews.

The use of Contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the Contracting Officer (CO) certifying the following requirements:

(1) Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 validated product;

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

(3) Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism;

(4) The Contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been sanitized within 90 days or its use is still required. All DEA/DOJ information is sensitive information unless designated as non-sensitive by the Department.

(5) Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DEA/DOJ data shall not be removed from DEA/DOJ facilities unless encrypted using a NIST FIPS 140-2 validated product;

(6) When no longer needed, all removable media and laptop hard drives shall be sanitized in accordance with security requirements applicable to DEA/DOJ;

(7) The Contractor shall keep an accurate inventory of devices used on DEA contracts;

(8) Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information; and

(9) All DEA/DOJ data will be removed from Contractor-owned laptops upon termination of contract work. This removal must be accomplished in accordance with the manner prescribed in the DOJ IT Security Standard - Version 1.4 (March 2011). Certification of data removal shall be performed by the contractor’s project manager and a letter confirming certification shall be delivered to the CO within 15 days of termination of contractor work.

(b) Data Security. By acceptance of, or performance on, this contract, the Contractor agrees that with respect to the data identified in paragraph (a), in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the Contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DEA CO and the Contracting Officer’s Representative (COR).

If the data breach occurs outside of regular business hours and/or neither the CO nor the COR can be reached, the Contractor shall notify the Cybersecurity Operations & Response Center, Validation, Integrity, and Penetration Response Unit (ISIV) [e-mail: isivsoc@usdoj.gov | tel: 703-285-7146] within one hour of discovery of the breach. The Contractor shall also notify the CO as soon as possible during regular business hours.

(c) Personally Identifiable Information Notification Requirement. The Contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined in OMB Memorandum M-07-16 dated May 16, 2007) was, or is reasonable believed to have been, compromised. 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. 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

Solicitation #: D-14-L9-0015 action consistent with the DEA’s Guidelines for Data Breach Notification (December 2, 2011), which may include offering credit monitoring when appropriate.

(c) Pass-through of Security Requirements to Subcontractors. The requirements set forth in paragraphs (a) through (c) above apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the Contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the Contractor.

(End of clause)

(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.

(End of clause)

(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

(a) The Contractor shall submit scanned or electronic images of invoice(s) to the following e-mail addresses:

(1) Digital Evidence Laboratory, invoice.digevlab@usdoj.gov;

(2) Amanda Jones, Amanda.Jones2@usdoj.gov; and

(3) Scott Roffman, Scott.D.Roffman@usdoj.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)

(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:

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

(End of Clause)

Solicitation #: D-14-L9-0015

(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.”

(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 30 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 exempted 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 close-out of the contract.

(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)

(full text may be found at http://www.gpo.gov/fdsys/pkg/CFR-2012-title48-vol6/pdf/CFR-2012-title48-vol6-sec2852-233-70.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 full text of the clauses marked by an asterisk (*) may be found at http://www.justice.gov/dea/acquisitions_contracts.html.

(a) During the life of the contract, the contractor shall report all personnel assigned to perform under the contract using the “CPRR Excel Spreadsheet Template” available at www.justice.gov/dea/acquisitions_contracts.html.

(b) The report shall be updated quarterly to include any additions, updates, or changes in status. This information will be maintained by DEA’s Office of Security Programs, to ensure compliance with requirements of Homeland Security Presidential Directive 12 (HSPD-12).

(c) By the 10th of January, April, July, and October, the Contractor shall provide the report directly to the HSPD-12.Division.Mail@usdoj.gov.

(d) Failure to submit timely updates on the quarterly Contractor report will be documented by Security Programs and reported to the Contracting Officer’s Representative (COR) or Contracting Officer for appropriate action and may result in adverse comments to the Contractor Performance Assessment Reporting System (CPARS).

(e) In the event of repetitive failures to provide this report, the contract may be terminated for default.

(End of Clause)

Solicitation #: D-14-L9-0015

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

(a) Prior to award and throughout the life of the contract, the contractor shall identify any contractor employees who currently work for DEA, or have been employed with DEA within the last two years, or who will be working at, or providing support for, the same DEA Division or Office where they were last assigned prior to leaving DEA under this contract/task order.

(b) Any prospective and current employee identified by the contractor as meeting the criteria described above, must complete and sign a DEA Contractor Ethics Questionnaire. The contractor must then submit the ‘employee’s’ completed questionnaire to DEA prior to the individual beginning performance on this effort. Questionnaires shall be submitted electronically to ethicsFAC@usdoj.gov AND CC-Ethics@dea.usdoj.gov.

(c) DEA will provide a response to the contractor for each questionnaire after review by the DEA Office of Chief Counsel.

(d) The contractor understands that contractor employees 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.

(e) The contractor further understands that for two years after leaving the Federal Government, contractor employees 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 Government employee, but that was under their official responsibility during their last year in the Government.

(f) If DEA determines that after reviewing questionnaire responses or conducting other inquiries that a contractor employee may violate the above post-employment restrictions or other applicable laws if allowed to work on or support the contract/task order, at DEA’s request, the contractor must remove that employee from the contract/task order.

(End of clause)