DJJ-12-R-EOA50-0149guardservices.docx

Executive Office for United States Attorneys

May 21, 2012

Reference: Guard Services

Subject: Request for Proposal

Solicitation Number DJJ-12-R-EOA50-0149 100% Women Owned Small Business Set-Aside

Dear Offeror:

The Executive Office for United States of Attorney’s (EOUSA) on behalf of the United States Attorney's Office District of New Jersey invites contractors to submit a proposal for services described in the attached statement of work, under the authority of Part 12 of the Federal Acquisition Regulation.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Enclosed you will find a Statement of Work for Guard Services for Newark, New Jersey. Please provide this office with a price and technical proposal, to include proposed personnel resumes, to accomplish the work described in the attached Statement of Work. Proposals are due no later than 4:00 PM, Eastern Standard Time on June 12, 2012. Questions are due no later than 2:00 pm, Eastern Standard Time on May 25, 2012.

The selection process will consist of a Best Value source selection based on key personnel, past performance, organizational experience, and price. Under a Best Value source selection, non-price evaluation factors, in descending order of importance when combined are significantly more important than price. However, EOUSA will not select an offeror for award on the basis of a superior capability without consideration of the amount of its price. The Proposals shall include the following information:

(1) Provide resumes of prospective personnel. The personnel will be the person expected to perform the tasks identified in the Scope of Work. The resume should reflect the personnel's security clearance level, training and certifications, if any.

(2) Provide up to three (3) references for commensurate projects that are in progress or were completed within the last three (3) years. If a Contractor will be using a subcontractor, up to three (3) references must be provided for the subcontractor as well. References may be from commercial and federal/state Government contracts; however, similar support services performed for Federal Government customers generally will be considered more relevant than those done for commercial or state government customers. The Government reserves the right to check other references not provided by the Contractor. The following information is required for each reference:

(A) Customer name and address

(B) Point of contact (name, telephone number) for contractual/administrative matters and technical performance.

(C) Period of contract performance

(D) Description of work performed

(3) A summary of the Contractor's experience demonstrating the contractor's knowledge and ability to perform the duties and tasks reflected in the Scope of Work. This summary shall not exceed two (2) pages.

(4) Price quote as reflected in Section B.

This procurement is a 100% Women Owned Small Business Set Aside. The NAICS code for this solicitation is 561612. In order to be considered a small business under this NAICS code, your average annual receipts must not exceed $7.0 million.

This contract is for one base year and four 12 month option years. The precise period of performance will be determined at the time of award.

Proposals submitted in response to this RFP will be received in the following manner: via regular mail (please allow additional time for security screening), hand carried, and email (preferred option). Proposal may also be forwarded by Courier or Overnight Mail Service to the attention of the undersigned at EOUSA.

Hand-Carried and Mailing Address:

Executive Office for the United States Attorney’s Office 600 E Street, NW, Suite 5200 Washington, DC 20530 Attention: Elisa Oliver

Email Address: Elisa Oliver@usdoj.gov

Proposals that are faxed will not be accepted. Proposals must be received by the closing date and time stated above or they will not be accepted.

Please refer any questions concerning this request to Elisa Oliver at (202) 252-5418 or by email at Elisa Oliver@usdoj.gov.

Sincerely, Elisa Oliver Contracting Officer Acquisitions Staff

SECTION B

SUPPLIES/SERVICES AND PRICES

B.l General

(a) The contractor shall provide Guard Services for the United States Attorney's Office in Newark, New Jersey.

(b) The contract term includes a base year and four option years as shown in the table below.

Contract Term

Base Year Option Year 1 Option Year 2 Option Year 3 Option Year 4

October 1, 2012 through September 30, 2013 October 1, 2013 through September 30, 2014 October 1, 2014 through September 30, 2015 October 1, 2015 through September 30, 2016 October 1, 2016 through September 30, 2017

(c) The contract will be a Labor Hour Contract with firm fixed unit prices.

B.2 Pricing

(a) All unit prices are fully loaded hourly rates and contain all costs (included but not limited to: labor, fringe benefits, overhead, G&A, profit and all costs associated with the two (2) vans) necessary to provide the Guard Services required in the solicitation.

Base Year

Est.

Qty.

PRICE

Extended Price

4:30p.m.- 7:30p.m.

Monday-Friday, excluding Federal Holidays

Monday-Friday, excluding Federal Holidays

TOTAL

(Not-to-exceed)

Option Year One

Est.

Qty.

PRICE

Extended Price

4:30p.m. -7:30p.m.

Monday-Friday, excluding Federal Holidays

5:00p.m.- 9:00p.m.

Monday-Friday, excluding Federal Holidays

TOTAL

Option Year Two

Qty.

UNIT

I

UNIT

PRICE

Extended Price ''

4:30p.m.- 7:30p.m.

Monday-Friday, excluding Federal Holidays

5.:00p.m. - 9:00p.m.

Monday-Friday, excluding Federal Holidays

TOTAL

Option Year Three

DESCRIPTION

Est Qty.

Price

4:30p.m. -7:30p.m.

Monday-Friday, excluding Federal Holidays

5:00p.m.- 9:00p.m.

Monday-Friday, excluding Federal Holidays

TOTAL

Option Year Four

ITEM '

DESCIUPTION

Est.

Qty.

UNIT

UNIT PRICE

Extended Price

(1) Guard 4:30p.m. -7:30p.m.

Monday-Friday, excluding Federal Holidays

HR

(1) Guard 5:00p.m.- 9:00p.m.

Monday-Friday, excluding Federal Holidays

HR

TOTAL

(Not-to-Exceed)

SECTIONC DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Description

The contractor shall provide on a labor hour basis, all manpower (including necessary supervision), materials, supplies and equipment (except as otherwise provided), and shall plan, schedule, coordinate and assure effective performance of Security Guard Services, described herein, at the United States Department of Justice, U.S. Attorney's Office in Newark, NJ and nearby parking lots.

Scope of Work

The contractor shall provide uniformed armed guards to provide:

(1) Guard 4:30pm- 7:30pm I Monday-Friday, excluding Federal Holidays

(1) Guard 5:00pm- 9:00pm/ Monday-Friday, excluding Federal Holidays

Escort services to the parking lots for the employees of the US Attorney's Office, departing from the Peter Rodino Federal Building, located at 970 Broad Street, Newark NJ. The Guard shall wait a sufficient period of time (approximately 60 seconds) to assure that the employee has safely entered their vehicles. The parking lots are located at Beech Street, Mulberry Street, Walnut Street, Edison Park and Lock and the Symphony Hall Parking Lot on Broad Street, driving the employees to the lots using a contractor furnished vehicle.

Escort services to the central bus and train terminal (Pennsylvania Station), the Guard shall drive the employees to the station using a contractor furnished vehicle.

The Contractor’s employees shall sign in when reporting for work and sign out when leaving. The DOJ Daily Duty Register (to be furnished by the Government) shall be used by the Contractor's personnel to register their presence at the work site. The registration point will be located at the US Attorney’s Office.

The Contractor shall furnish two (2) passenger vans for the purpose of escorting federal employees between the federal building and parking lots. Each passenger van must be able to accommodate up to 8-9 people at one time. The cost of the vans may not be billed as a direct cost to the Government under this contract. They shall bear all expenses related to the operation of the passenger vans including but not limited to, maintenance, repair and storage. These expenses shall not be billed as a direct cost to the Government under this contract. They shall maintain the passenger vans in good working order and unblemished appearance. Should the vehicle(s) become inoperable or unavailable, the contractor must continue to provide the scheduled escort service, at no additional cost to the government, by employing a substitute vehicle (s) until such time as the regular passenger can returns to service.

Recording Presence

The Contractor's employees shall sign in when reporting for work and shall sign out when leaving. The DOJ Daily Duty Register (to be furnished by the Government), shall be used by the Contractor's personnel to register their presence at the work site. The registration point will be located at the US Attorney’s Office.

Each successively lower line on the Daily Duty Register must be completed in chronological order, without exception. Lines may not be left blank among signatures in any period. Should an entire line be used to enter a calendar date for separating individual workdays, a one line limit for each such date entry will be followed. Erasures, obliterations, superimposed or double entries of any type on any one line are unacceptable and will not be processed for payment. If errors in signatures, times, post numbers, or duty status are made on the Daily Duty Register, the next line, immediately below or following on subsequent sheet's lines containing such errors, shall be used to record all information for every column in the correct manner; a single line shall be drawn through the entire line on which such mistakes appear. The Contractor must attach a detailed· memorandum of explanation to each Daily Duty Register containing erroneous entries for the purpose of correlating all mistakes made with the applicable valid lines of information, and for describing the reasons behind those mistakes. Payment of invoices is supported by the Department of Justice Daily Duty Register.

The Contractor shall not remove the Daily Duty Register from the job site. All Daily Duty Registers will be collected by the Contracting Officer Technical Representative (COTR).

Payment cannot be made unless the COTR has all original Registers. If a Register is missing, the Department of Justice Inspector General may be asked to investigate.

Reporting Work-Hours Provided

The Contractor shall submit to the COTR at the end of each week, and, in addition, on the last working day of the month, a Work Report (to include at a minimum: name of employee, day(s) worked and number of hours worked) which shall be approved by the COTR.

The report shall be certified by the Contractor as to its accuracy. This report will be used by the government to verify compliance with the work-hour requirements of the contract.

Removal from Duty

The COTR may require the Contractor to immediately remove any employee(s) from the worksite(s) should it be determined that the individuals being assigned to duty have been disqualified for either suitability or security reasons, or are found to be unfit for performing security duties during their tour(s) of duty. The Contractor must comply with any such directives. For clarification, a determination of unfitness for duty may be made from, but not be limited to, incidents involving the types of misconduct or delinquency as set forth below:

b. Neglect of duty, including but not limited to sleeping while on duty, unreasonable delays, or failure to carry out assigned tasks, conducting personal affairs during official time, and refusing to render assistance or cooperate in upholding the integrity of the security program at the worksite.

c. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

d. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by works or actions, or fighting. Also participating in disruptive activities which interfere with the normal and efficient operations of the Government.

e. Theft, vandalism, immoral conduct, or any criminal actions.

f. Selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects.

g. Improper use of official authority or credentials

h. Unauthorized use of communications equipment or Government property.

i. Misuse of weapon(s).

j. Violation of security procedures or regulations.

k. Unauthorized post abandonment that would jeopardize the safety or security of personnel or a facility.

l. Failure to cooperate with Government officials or local law enforcement authorities during an official investigation.

The Contracting Officer or his designated representative will make all determinations regarding the removal of any employee(s) from worksite(s). In the event of a dispute, the Contracting Officer will make the final determination. Specific reasons for removal of an employee(s) will be provided to the Contractor in writing.

Contractor Furnished Property

The Contractor shall furnish two (2) passenger vans for the purpose of escorting federal employees between the federal building located at 970 Broad Street to distant parking lots and or central bus and train terminals. Each passenger van must be able to accommodate up to 8-9 people at one time. The cost of the vans may not be billed as a direct cost to the Government under this contract.

The Contractor shall bear all expenses related to the operation of the passenger vans including, but not limited to, maintenance, repair, and storage. These expenses may not be billed as a direct cost to the Government under this contract. The Contractor shall maintain the passenger vans in good working order and unblemished appearance. Should the vehicle(s) become inoperable or unavailable, the Contractor must continue to provide the scheduled escort service, at no additional cost to the government, by employing a substitute vehicle(s) until such time as the regular passenger van returns to service.

Qualifications of Guards

All guards performing under this contract at a minimum:

a) Shall be able to read, write, and speak the English language and perform their assigned duties. Shall be trained in security procedures, and emergency procedures for protection of government employees while under the contractor’s escort.

b) Shall have, as a minimum, a high school diploma or equivalent.

c) Shall have no established medical history or medical diagnosis of habitual alcoholism or drug addiction or where such a condition has existed, the individual shall provide certified documentation of having completed a rehabilitation program which would give a reasonable degree of confidence that the individual would be capable of performing assigned duties.

d) Shall possess a valid permit to carry a weapon, if required by local, State or Federal law.

SECTIOND

PRESERVATION, PACKAGING AND MARKING

Not Applicable.

SECTIONE

INSPECTION AND ACCEPTANCE

E.l 52.252-2 Notice Listing Contract Clauses Incorporated by Reference

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.246-4 52.246-6

INSPECTION OF SERVICES--FIXED-PRICE INSPECTION--TIME-AND-MATERIALS AND LABOR-HOUR

AUG 1996

MAY2001

E.2 Inspection and Acceptance

A. Inspection and acceptance of services to be furnished hereunder shall be performed at place of performance or destination, by the COTR or his designated representative, in accordance with E.l above and any other provisions specified in this contract. The Government reserves the right to conduct any inspection and tests it deems reasonably necessary to assure that services provided conform in all respects to the contract specifications. Services which upon inspection are found not to be in conformance with contractual specifications shall be promptly rejected and notice of such rejection, together with appropriate instructions will be provided to the Contractor by the Contracting Officer.

B. Inspection will be completed within thirty (30) calendar days after completion.

1. In the event services are of a continuing nature and this contract prescribes periodic payments based upon increments of time rendered (e.g., hours or months of service), completion of services will be deemed to have occurred at the end of each whole or fractional month falling within the contract term.

2. In the event services are not of a continuing nature, such that this contract prescribes payment based upon fixed units delivered (e.g., characters keyed), completion will be deemed to have occurred upon delivery.

C. Payment will constitute notification of acceptance.

D. Written notification of negative inspection results will be furnished within thirty (30) days after completion.

SECTIONF

DELIVERIES OR PERFORMANCE

F.l. 52.252-2 Clauses Incorporated By Reference (JUN 1988)

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.

52.242-15 52.242-17 52.247-34 52.247-35

Stop Work Order Government Delay of Work F.O.B. Destination F.O.B. Destination, Within Consignee's Premises

(AUG 1989) (APR 1984) (NOV 1991)

(APR 1984)

Period of Performance

Place of Performance United States Attorney’s Office Peter Rodino Federal Building 970 Broad Street, Suite 700 Newark, New Jersey 07102

Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the COTR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

Notice to Proceed

After the Government makes contract award, it will furnish to the contractor personnel security application forms as described in clause H-6. The contractor shall complete these forms and return them to the Contracting Officer's Technical Representative as stated in Clause G.1 within seven (7) days. The Contractor shall also submit to the Contracting Officer within ten (10) days after contract award evidence of adequate insurance coverage as stated in H-9. After a sufficient number of contractor personnel to perform the services are cleared by the Government, a Notice to Proceed will be issued by the Contracting Officer specifying a performance start date.

Performance is expected to begin October 1, 2012.

SECTION G

CONTRACT ADMINISTRATION DATA

G.l Contracting Officer's Technical Representative (COTR) Contracting Officer's Technical Representative (COTR)

(JAN 1985)

(a) Mrs. Maryann Zekunde of USAO, 970 Broad St., Newark, NJ 07102, (973) 297-2090, is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

G.2 Contracting Officer

The Contracting Officer for this contract is:

Written communications shall make reference to the contract number and shall be mailed to the above address.

G.3 Payment/Invoice Requirements

Payment for actual work and services rendered under this contract will be made on a monthly basis. To constitute a proper invoice, the invoice must be prepared in accordance with FAR 52.212-4(g) in Section I.

The office that will make the payments due under this contract (i.e., the designated payment office) is:

U.S. Department of Justice Peter Rodino: Federal Building 970 Broad Street, Suite 700 Newark, New Jersey 07102

All follow-up invoices shall be marked "Duplicate of Original." Contractor questions regarding payment information or check identification should be directed to DOJ Vendor Assistance Hotline on (202) 616-6260.

G.4 Accounting and Appropriation Data

[To be completed at time of award]

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.l Required Security Investigation

(a) The Contractor shall assure that all persons to be utilized in the performance of this contract submit to the Government the following Government security investigation forms prior to assignment hereunder. The intent and purpose of the investigation are to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behavior. The contract employee must furnish all required data in the form and format determined by the United States Attorney (USA) or his/her duly authorized representative. The Contracting Officer will notify the Contractor in writing, with a concurrent copy to the Contracting Officer Technical Representative (COTR), of the results of the investigation.

(b) Risk Level

In general, services performed by Contractor personnel may fall within three (3) risk categories as described below:

High Risk Are those sensitive positions that have the potential for exceptionally serious impact involving duties especially critical to the DOJ or a program mission with broad scope of policy or program authority, such as:

Policy development or implementation

Higher-level management assignment Independent spokespersons or non-management positions with authority for independent action, Significant fiduciary and procurement authority and responsibilities, and IT-computer positions responsible for the planning, and implementation of a computer security program; the direction, planning and design of a computer system, including the hardware and software; or, accessing a system during the operation or maintenance in such a way, with relatively High Risk to cause grave damage or realizing significant personal gain. (Refer to Appendix III, OMB Circular A-130, "Management of Federal Information Resources,” for those computer positions that are High Risk at www.whitehouse.gov/omb/circulars/a130/a130appendix iii.html).

Moderate Risk - Are those sensitive positions that have the potential for moderate to serious impact involving duties very important to the DOJ or program mission with significant program responsibilities and delivery of client services to the public, such as:

Assistance to policy development and implementation, Mid-level management assignments, Non-management positions with authority for independent or semi-independent actions

Delivery of service positions that demand public confidence or trust, IT-computer positions of a lesser degree of risk that required for High Risk positions (Refer to Appendix III, OMB Circular A-130, "Management of Federal Information Resources, "for those computer positions that are other than High Risk.). ·

Low Risk (Non-sensitive)- Are those non-sensitive positions that do not fall into any of the above categories and include those positions with potential for impact involving duties of limited relation to the DOJ mission.

(c) Types and Numbers of Background Investigations

Work performed under this contract will fall within one or more of the risk categories defined paragraph 3.2.2(b). As a result, the Contractor's personnel must undergo a background investigation commensurate with the assessed risk category. In addition, before the issuance of any calls for additional personnel, the COTR, the exact number and types of background investigations required for all Contractor positions hired under this contract.

The Contractor will not be permitted to commence performance under the contract until a sufficient number of its personnel, as determined by the COTR received requisite background investigations or approved pre-appointment background investigation waivers.

During the life of the CONTRACT, the Contractor shall ensure that no Contractor or Subcontractor employee commences performance hereunder prior to receipt of written authorization from the Contracting Officer or the COTR.

(d) Pre-Appointment Background Investigations and Waivers

Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this task order. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, the SPM, in consultation with the COTR, can grant a pre-appointment background investigation waiver. The extent of the background investigation and/or the information needed to waive the background investigation will vary depending upon the Risk Category associated with each position. A waiver will be revoked if the resulting investigation uncovers derogatory information that cannot be resolved in the contract employee's favor. When derogatory information has been discovered that cannot be resolved in the contract employee's favor, the employee should be removed from the contract. Minimum p:J;e-appointment investigative requirements are listed below.

High Risk Positions. The background investigation shall be an LBI (Limited Background Investigation) consisting of a personal subject interview, NAC, credit history check, written inquiries and record searches covering 5 years, and personal interviews covering specific areas during the most recent 3 years. Pre-appointment waivers may be granted following a successful National Crime Information Center (NCIC) check, vouchering of previous 2 employers and a favorable review of forms submitted.

Moderate Risk Positions. The background investigation shall be a NACI (National Agency Check and Inquiries) consisting of a NAC, written inquiries, and record searches covering specific areas of a subject's background during the past 5 years. Pre-appointment waivers may be granted following a favorable NCIC check and a favorable review of forms submitted.

Low Risk Positions. The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check. Pre-appointment waivers may be granted following a favorable NCIC check.

(e) The following forms and submission dates shall be adhered to by the Contractor for each type of investigation listed below. The forms shall be submitted to the designated COTR or point of contact within seven days after receipt of the forms.

FD-258 Fingerprint Card

SF 85P - Question 1aire For Public Trust Positions

(f) Procedures for Pre -Screening Applicants and Investigations

Contractor's Responsibility- The Contractor must determine whether the conduct of the person being considered for assignment on this contract indicates a potential for behavior which would interfere with, prevent, or otherwise impact adversely on: 1) the position to be filled by applicant; 2) the performance of the duties and responsibilities of others on the CONTRACT or in the Government; or 3) the ability of the employing agency to effectively carry out its mandated responsibilities. If the Contractor determines that employing an applicant will not promote the efficiency of this CONTRACT, the applicant must be disqualified from assignment on the CONTRACT. In this regard, the Contractor shall be responsible for performing the following pre-screening and investigative duties for all persons proposed for work under this CONTRACT:

1. Furnish to each proposed Contractor employee the forms described in Section 5 and ensure that adequate instructions for completing the forms are provided to each applicant.

2. Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form DD-258 from an organization qualified to take fingerprints.

3. Collect completed forms from each applicant and review all forms for completeness and correctness. Return any incomplete or incorrect form(s) to applicant(s) to be corrected andre submitted.

4. Submit completed forms to the COTR by no later than seven (7) calendar days after receipt of the blank forms.

(g) Contractor Status under the National Industrial Security Program (NISP)

Companies participating in the National Security Program (NISP) are required the meet certain federal standards for the investigation of facilities and employees. If the Contractor is a registered in the NISP, investigation initiated by the Department may not be required. The COTR should determine if the Contractor is registered in the NISP, then the facility clearance level held by the Contractor, and if individuals selected to work for the Department were previously investigated in accordance with NISP procedure&. If an individual selected to work for the Department was previously investigated within the last 12 months, the COTR will obtain a copy of the Letter of Consent (LOC) issued by the Defense Industrial Security Clearance Office (DISCO).

(h) Factors for Suitability Determinations. The Department of Justice uses several basic factors in making suitability determinations for contract employees. This information is intended as a guide for the Contractor during their screening process and is not inclusive of all disqualifying situations.

Disqualifying Factors The following conduct factors, as disclosed on the SF-85P and the SF-85P-S, in a written statement or personal interview with the applicant, or established during a reference check may disqualify an applicant from employment on a DOJ contract. Contractors should be aware such individuals may not be able to work for the Department under the CONTRACT.

Criminal Behavior (e.g., a conviction resulting from a serious felony-- murder, rape, armed robbery, etc.

-- regardless of when the conviction occurred; a felony conviction, notwithstanding the severity of the crime, within the previous seven (7) years; a period of incarceration as a result of a felony conviction within the previous seven (7) years; or pending indictments or criminal charges)

Infamous or disgraceful conduct (e.g., sexual behavior of a criminal nature, whether or not the individual has been prosecuted, or bizarre behavior indicating depravity)

Improper or illegal involvement with drugs within the past 7 years. Current and continuing alcohol abuse Intentional false statement, deception, fraud in appointment (e.g., altering the condition of discharge on military discharge documents, altering college transcripts, falsely completing the SF-85P or SF-85P-S, etc.)

Financial considerations (e.g., deceptive or illegal financial practices; continuing inability or unwillingness to satisfy debts; financial problems linked to such dependencies on alcohol, drugs, gambling, etc.)

Non-U.S. Citizenship (e.g. non-legal residents; recent legal residents, residing in the U.S. less than four years; non-U.S. citizens maintaining citizenship in "hostile" countries)

Questionable Allegiance to the United States (e.g., membership in organizations or association with individuals advocating violence or overthrow of the U.S. government or involvement in any act of sabotage, espionage, treason, terrorism, or sedition)

Emotional, mental, and personality disorders (when a credentialed mental health professional acceptable to the government has determined that the individual has a condition or treatment that may indicate a defect in judgment, reliability or stability or could physically harm him/herself or others)

Previous security violations (e.g., unauthorized disclosure of classified information or deliberate or multiple violations)

Misuse of information technology systems (e.g. illegal or unauthorized entry into or illegal, unauthorized, or improper use of an information technology system)

Foreign Influence (e.g. when an individual's immediate family, including co-habitants and other who the individual is bound by close ties or affection, is not a U.S. citizen and may be subject to coercion and/or duress)

Foreign Preference (e.g. and individual's behavior indicates a preference for a foreign country over the United States).

(i) Mitigating Factors When questionable conduct is disclosed, the following factors should be considered as to whether or not disqualification of an individual for work in the Department is warranted. The decision is made on a case-by-case basis, and is subject to review by the assigned Security Officer, in consultation with the COTR.

1. The nature, extent and seriousness of the conduct.

2. The circumstances surrounding the conduct, to include knowledgeable participation.

3. The frequency and recency of the conduct.

4. The individual's age and maturity at the time of the conduct.

5. The voluntaries of participation.

6. The presence or absence of rehabilitation, resolution, and other pertinent behavioral changes.

7. The motivation for the conduct.

8. The potential for pressure, coercion, exploitation or duress.

9. The likelihood of continuation or recurrence.

(j) Given the above guidelines for determining suitability, the Contractor should be able to determine, without DOJ involvement, which applicants are unsuitable for employment under this contract. However, additional questions and requests for information may result from review of the security packages by DOJ personnel. In the event the Department or the contractor has reasonable cause to believe that an employee under the CONTRACT falls under any of the eleven mandatory disqualification factors listed above, the employee must be removed from this CONTRACT. In addition, all contract employees are expected to adhere to the Department's Standards of Conduct. .

(k) The COTR will notify the Contractor of the results of background investigations as they are completed and adjudicated. The COTR will also notify the Contractor of any applicants who are found ineligible for employment under this contract so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants. If a contract employee is already business on the CONTRACT and is determined to be ineligible, he or she will be removed from the call order.

(1) The COTR will notify the Contracting Officer when a sufficient number of Contractor employees have received employment security approvals or pre-appointment waivers approvals. Upon receipt of this information and any other information, which may be required elsewhere in the CONTRACT, the Contracting Officer will issue the Contractor a Notice to Proceed, which permits the commencement of work under the call(s).

(m) The Contractor shall ensure no contract or subcontract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer.

(n) The Contractor shall make every effort to preclude incurrence of costs by the Government for security investigations for replacement of employees, and in so doing shall ensure otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one year. The Contractor shall take all necessary steps to assure contract or subcontract personnel selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein. The fact the Government performs security investigations shall not in any manner relieve the Contractor of the responsibility to ensure that all personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the Government render ineligible a Contractor-furnished employee, the Contracting Officer will investigate the cause and determine whether the Contractor has abdicated his responsibility to make every effort to select reliable employees of reputable background and sound character. Should there be a need to replace a contract or subcontract employee due to non-performance, the Contracting Officer will determine whether the Contractor has abdicated his responsibilities to make every effort to select trained and experienced employees.

(o) Should the Contracting Officer determine the Contractor has failed to comply with the terms of paragraph above, the Contractor may be held momentarily responsible, at a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of contract personnel would cause either a security threat or DOJ program disruption, and (b) conduct security investigations in excess of those which would otherwise be required.

(p) Nothing in this clause shall require the Contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased or severely ill for a long period of time.

(q) Under no circumstances shall the Contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to this clause. The rights and remedies conferred upon the Government by this clause are in addition to all and other rights and remedies specified elsewhere in this contract or established by law.

H.2 Contractor Employee Residency Requirement

All contractor employees assigned to this contract and business within the United States shall meet the DOJ Residency Requirement. The Residency Requirement states that, for three of the five years immediately prior to applying for a position, the individual must have: 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capacity; or 3) be a dependent of a Federal or military employee serving overseas.

H.4 Prohibition on Use of Non-US Citizens

The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system.

By signing the contract or commitment document, or commencing work thereunder, the contractor agrees to this restriction. [If those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described].

H.5 Consent of Subcontractors

The term subcontractor, as used in this contract, includes any contractor business on behalf of the prime contractor. Subcontracting is not restricted under this contract if, in the judgment of the government, it does not adversely affect the quality or delivery of the final product or service. The Contracting Officer shall have the right to restrict subcontracting if it is determined that such an action is in the best interest of the Government. Subcontractors named and described in the Contractor's successful proposal are considered authorized to perform work under this contract without further written consent from the Contracting Officer, unless such consent is revoked by the Contracting Officer. If the prime contractor recommends additional subcontractors, the Contracting Officer must provide consent prior to the subcontractor performing any work or having access to any relevant information.

H.6 Key Personnel

A. The key personnel whom the Contractor shall furnish for the performance of this contract are as follows:

Name Title

TO BE DETERMINED AT TIME OF AWARD

B. The personnel specified above is/are considered to be essential to the work being performed hereunder. Prior to replacing any of the specified individuals, the Contractor shall immediately notify both the Contracting Officer and USDOJ Contracting Officer's Technical Representative reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement of personnel shall be made by the Contractor without the written consent of the Contracting Officer.

SECTION I

CONTRACT CLAUSES

1.1 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 may be accessed electronically at this Internet address, http://www.arnet.gov.

1.2 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2006)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

(End of clause)

1.3 52.212-4 Contract Terms and Conditions- Commercial Items (SEP 2005)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601- 613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g )Invoice

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor;

(ii) invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT).Ifthe Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(1) Termination for the Government's convenience. The Government reserves the right to terminate .this contract, or any part hereof, for its sole convenience.