DJJ-15-S-APG-0032_Communicator_NXT.docx
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- DJJ-15-S-APG-0032
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DJJ-15-S-APG-0031 Justice Emergency Notification Systems (JENS) Statement of Work
1.0 Description of Services
1.1 Purpose. The purpose of this Statement of Work (SOW) is to provide maintenance support for the Justice Emergency Notification System (JENS) provided by Cassidian Communications.
1.1.1 Scope of Work. The contractor shall provide remote and on-site dispatch maintenance services to support the Justice Emergency Notification System. The Justice Emergency Notification System consists of Cassidian Communications Communicator NXT! Hardware and software located in the Justice Emergency Relocation Facility (ERF). The system also includes communications modems and other equipment that inferfaces the Communicator NXT! With the on-site Avaya S8800 phone system and Public Switched Telephone Network (PSTN). All contractor provided equipment is included in the scope of this SOW. Any equipment not provided by the contractor is excluded from the scope of this SOW.
1.2 Requirements.
1.2.1 The contractor shall provide on-call maintenance for the JENS system in response to government identified equipment outages or if equipment is not operating at full capacity. Periodic preventative maintenance support services are not included. Pre-coordinates remote system access for troubleshooting and repair if available.
1.2.2 Contractor provided maintenance will include parts, replacement components and materials on all JENS not on an existing warranty agreement, to include any interconnecting cabling. Contractor will responsible for repair or replacement of Contractor provider equipment after manufacturer warranty period.
1.3 Maintenance Services.
1.3.1 Maintenance service calls shall be answered by the contractor 7days a week, 24 hours a day, 365 days per year including recognized federal holidays.
1.3.1.1 The contractor shall provide the Government Contracting Office (CO) with a support center name and telephone number or a listing of individuals with names, telephone numbers and pager numbers (if applicable) to contact for maintenance service within two work days of the contract award.
1.3.1.2 The contractor shall respond to service requests within 30 minutes and initiate support assistance over the phone within 30 minutes of initial telephone contact. Service request telephone calls shall be received from the following authorized individuals: System Administrator or Designated DOJ employee who must verify identity with required Customer Information. If the issue cannot be resolved remotely via telephone within 24 hours, the contractor shall be on-site within 48 hours of the initial telephone contact to continue working the problem. Either remotely or on-site, the contractor technicians shall coordinate their work with the Systems Administrator.
1.3.1.3 All JENS system outage/degradation maintenance shall be completed and the system/equipment shall be operational and returned to manufacturer’s factory specified operating parameters.
1.3.1.4 The contractor shall demonstrate to System Administrator that the system is operating correctly prior to call termination.
1.3.1.5 All trouble call resolution findings and summaries shall be documented by the contractor.
1.3.2 Special Qualifications. All contractor technicians shall be certified to service Cassidian Communicator NXT system. Contractor technicians shall have the capability to perform maintenance actions such as troubleshooting, diagnostic analysis, hardware replacement, software upgrades, firmware upgrades, software configuration and validation that Cassidian Communicator NXT systems are operating properly. All Contractor technicians shall follow all Occupational Safety and Health Administration (OSHA), Institute of Electrical and Electronics Engineer (IEEE), American National Standards Institute (ANSI), Original Equipment Manufacturer (OEM) and National Electric Code (NEC) standards.
1.4 Commercial Warranty. Existing and any additional manufacturer-provided warranties from replacement equipment shall be extended to the government.
1.5 Contractor Personnel
1.5.1 Contractor shall provide proof that their technicians supporting this Contract are certified Cassidian Communications maintenance service providers.
This proof should be provided on an annual basis.
1.5.2 Contractor Employee. Contractor personnel who provide on-site maintenance Services must be U.S. citizens and possess a Current TOP SECRET security clearance.
1.5.3 Point of Contact. The contractor shall provide a POC and an Alternate POC Who shall be responsible for the performance of this Statement of Work. These individuals shall be designated in writing within submitted proposal.
1.5.4 Dispatched contractor personnel shall display a company-issued ID badge. Badge shall be visible and easily recognizable as a contractor. Contractor shall dress appropriately abiding by all site regulations. Wearing of military clothing is prohibited.
2.0 Section 508 Provision
Section 508 is applicable to all electronic and information technology (E&IT) products and services and must conform to the standards of Section 508 as applicable (www.section508.gov). In performance of this contract, maintenance services must not adversely impact the accessibility of the product being upgraded or fixed, Contractor must ensure that as applicable any upgrade conforms to Section 508 as applicable. The Section 508 Accessibility Standards that apply to these services are:
· 1194.21 Software Applications and Operating Systems Most of the specifications for software pertain to usability for people with vision impairments. For example, one provision requires alternative keyboard navigation, which is essential for people with vision impairments who cannot rely on pointing devices, such as a mouse. Other provisions address animated displays, color and contrast settings, flash rate, and electronic forms, among others.
· 1194.22 Web-based Intranet and Internet Information and Applications The criteria for web based technology and information are based on access guidelines developed by the Web Accessibility Initiative of the World Wide Web Consortium. Many of these provisions ensure access for people with vision impairments who rely on various assistive products to access computer based information, such as screen readers, which translate what's on a computer screen into automated audible output, and refreshable Braille displays. Certain conventions, such as verbal tags or identification of graphics and format devices, like frames, are necessary so that these devices can "read" them for the user in a sensible way. The standards do not prohibit the use of web site graphics or animation. Instead, the standards aim to ensure that such information is also available in an accessible format. Generally, this means use of text labels or descriptors for graphics and certain format elements. (HTML code already provides an "Alt Text" tag for graphics which can serve as a verbal descriptor for graphics). This section also addresses the usability of multimedia presentations, image maps, style sheets, scripting languages, applets and plug ins, and electronic forms.
The standards apply to Federal web sites but not to private sector web sites (unless a site is provided under contract to a Federal agency, in which case only that web site or portion covered by the contract would have to comply). Accessible sites offer significant advantages that go beyond access. For example, those with "text only" options provide a faster downloading alternative and can facilitate transmission of web based data to cell phones and personal digital assistants.
· 1194.23 Telecommunications Products The criteria of this section are designed primarily to ensure access to people who are deaf or hard of hearing. This includes compatibility with hearing aids, cochlear implants, assistive listening devices, and TTYs. TTYs are devices that enable people with hearing or speech impairments to communicate over the telephone; they typically include an acoustic coupler for the telephone handset, a simplified keyboard, and a visible message display. One requirement calls for a standard non acoustic TTY connection point for telecommunication products that allow voice communication but that do provide TTY functionality. Other specifications address adjustable volume controls for output, product interface with hearing technologies, and the usability of keys and controls by people who may have impaired vision or limited dexterity or motor control.
· 1194.31 Functional performance criteria.
The performance requirements of this section are intended for overall product evaluation and for technologies or components for which there is no specific requirement under the technical standards in Subpart B. These criteria are designed to ensure that the individual accessible components work together to create an accessible product. They cover operation, including input and control functions, operation of mechanical mechanisms, and access to visual and audible information. These provisions are structured to allow people with sensory or physical disabilities to locate, identify, and operate input, control and mechanical functions and to access the information provided, including text, static or dynamic images, icons, labels, sounds or incidental operating cues. For example, one provision requires that at least one mode allow operation by people with low vision (visual acuity between 20/70 and 20/200) without relying on audio input since many people with low vision may also have a hearing loss.
· 1194.41 Information, documentation, and support.
The standards also address access to all information, documentation, and support provided to end users (e.g., Federal employees) of covered technologies. This includes user guides, installation guides for end-user installable devices, and customer support and technical support communications. Such information must be available in alternate formats upon request at no additional charge. Alternate formats or methods of communication, can include Braille, cassette recordings, large print, electronic text, Internet postings, TTY access, and captioning and audio description for video materials.
3.0 Government Furnished Equipment
3.1 Required Service Call Information. The Government will provide the contractor with the following information when placing a system trouble call:
a. Name of individual placing the service call request
b. Description of Malfunction
c. Identification and location of defective equipment, if known
4.0 General Information
4.1 Authorized Personnel Listing. The CO shall furnish the contractor a listing of Government personnel authorized to place Service Call Requests. Any service rendered without proper authorization shall be done at the contractor’s own risk. The authorization To place Service Call Request letter will be provided two (2) days after task order award.
4.2 Storage. The contractor shall store and protect all contractor supplies, materials and Equipment. The contractor shall also ensure proper disposal of residue supplies/equipment as required.
5.0 Applicable Documents
5.1 Forms, Publications and Internet Site Addresses
a. Occupational Safety and Health Administration (OSHA) http://www.osha.gov/
b. Institute of Electrical and Electronics Engineers (IEEE) http://www.ieee.org/publications_standards/index.html
c. American National Standards Institute (ANSI) http://ansi.org
d. Original Equipment Manufacturer (OEM). An original equipment manufacturer of products or components purchased by a company and retailed under that purchasing company’s brand name. OEM refers to the company that originally manufactured the product.
e. National Electric Code (NEC) Contractor shall obtain NEC subscription.
6.0 PERIOD OF PERFORMANCE
The period of performance shall be for the annual renewal of software and shall not exceed 60 months as follows:
| BASE YEAR: | May 1, 2015 through April 30, 2016 | |
| OPTION YEAR 1: | May 1, 2016 through April 30, 2017 | |
| OPTION YEAR 2: | May 1, 2017 through April 30, 2018 | |
| OPTION YEAR 3: | May 1, 2018 through April 30, 2019 | |
| OPTION YEAR 4: | May 1, 2019 through April 30, 2020 |
7.0 Government Technical Representative (GTR)
Upon issuance of any task order, a Government Technical Representative (GTR) will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, he/she shall not be authorized to change any terms and conditions of the resultant contract, including price. The GTR, who is also the Project Manager, is authorized to:
| 1. | Act as liaison and to coordinate contractor/government activities; |
| 2. | Arrange for and coordinate the use of government resources (personnel, space, documents, etc.); |
| 3. | Provide technical guidance in the performance of the contract; and |
| 4. | Receive, review and approve (but not reject or deny) progress reports, selected in invoices and final reports or other functions of a technical nature. The authority to reject performance and deny associated invoices is expressly reserved for the Contracting Officer. |
| 5. | Authorized to certify (but not to reject or deny) invoices for payment. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer. |
The GTR does not have the authority to alter the Contractor's obligations under the contract; direct changes that fall within the purview of the clause entitled "Changes" and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work Statement, the Contracting Officer shall issue such changes in writing and signed.
The GTR assigned cognizance of this contract is TBD and can be reached on (202), usdoj.gov.
8.0 DOJ Security Clauses
The following specific DOJ and Government-wide security requirements may apply to this task order based on the task order requirements - adherence to the requirements below is a requirement for performance of the services described in this task order, and the vendor should notify the contracting officer immediately if there are issues with compliance with the requirements below -
CONTRACTOR EMPLOYEE RESIDENCY REQUIREMENT
All contractor employees assigned to this contract and working 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.
This requirement can be waived for short-term (i.e., those employees performing duties for a cumulative total of 14 days or less) if there is a critical need for their specialized or unique skills (for example, interpreters for rare foreign languages). These individuals must be United States citizens or Permanent Resident Aliens. A waiver request from the head of the Component outlining the extenuating circumstances along with the requisite contractor clearance package shall be submitted through the Contracting Officer’s Technical Representative (COTR) to the Department Security Officer (DSO) for approval. Each waiver request will be reviewed by the DSO and a determination made on a case-by-case basis.
Additionally, a contractor employee who is not a U.S. citizen must be from a country allied with the United States. Since the countries on the Allied Countries List are subject to change, the head of the Component shall review the following website for current information: http://www.opm.gov/employ/html/Citizen.htm.
NON-U.S. CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION TECHNOLOGY (IT) SYSTEMS
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, the contractor agrees to this restriction.
In 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 describe.
SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION
The following clause must be used in any contract where the contractor handles data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.
Security of Systems and Data, Including Personally Identifiable Data.
a. Systems Security The work to be performed under this contract requires the handling of data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.
For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice 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 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the 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 approved 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 erased within 90 days or its use is still required. All 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 DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product; |
| 6. | When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ; |
| 7. | Contracting firms shall keep an accurate inventory of devices used on DOJ 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; |
| 9. | All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor's project manager and a letter confirming certification will 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 DOJ CO and the contracting officer¿s technical representative (COTR).
If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874-2378) 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 by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department 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 Department. The contractor assumes full responsibility for taking corrective action consistent with the Department’s Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.
d. 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.
B. Information Resellers or Data Brokers For contracts where the Department obtains PII from a contractor (such as an information reseller or data broker) but the contractor does not handle the data described in Section A of this guidance document, the following clause must be used:
Information Resellers or Data Brokers Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department contracting officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it receives further instruction from the Department.
CONTRACTOR SECURITY REQUIREMENTS
All Contractor personnel working onsite at DOJ, Security and Emergency Planning Staff facilities are required to have a Top Secret Clearance.
1 SECURITY REQUIREMENTS - CLASSIFIED
| (a) The work to be performed under this contract will involve access to classified information [National Security Information (NSI)] as well as access to unclassified information. All references to “contract(or) personnel” and “contract employee” in this clause include all individuals that will perform under this contract, including individuals employed by the Contractor, team member, subcontractor, consultant, and/or independent contractor. |
| (b) The Contractor shall comply with the National Industrial Security Program Operating Manual (NISPOM) for all work performed under this contract that involves access to classified information. |
| (c) Duplication or disclosure of the data and other information (classified and unclassified) to which the Contractor may have access as a result of this contract is prohibited by Public Law and is subject to criminal penalties. |
1.1 Contractor Personnel
| (a) The type of security investigation required will be governed by the type of information made available to Contractor personnel. Contractor personnel that require access to classified information will be processed through the National Industrial Security Program (NISP). Contractor personnel that require access to unclassified information will be subject to a Public Trust Investigation (PTI). Except where specifically noted otherwise (e.g., 1.1.2.4(a)), the Government will be responsible for conducting the investigation and the cost of the investigation. All investigations will be conducted in accordance with applicable Executive Orders, DOJ Orders, Office of Personnel Management (OPM) guidance, Homeland Security Presidential Directive 12 (HSPD-12), and Federal Information Processing Standard Publication 201 (FIPS 201). |
| (b) PTI certifications will be accepted from other Federal agencies provided the investigation performed by the other agency meets or exceeds DOJ requirements. |
| (c) The Contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the COTR and Security Programs Manager (SPM), have received the requisite NSI Clearance or PTI security approval. |
| (d) During the life of the contract, the Contractor shall ensure that no contract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer, the COTR, or the SPM. |
1.1.1 Access to Classified Information
| (a) The Contractor shall possess or be capable of obtaining a Defense Industrial Security Clearance Office (DISCO) Defense Industrial Security Clearance Facility Code and a Top Secret Facility Clearance to fully perform this contract. As directed by the COTR and SPM, the Contractor shall submit the information necessary to allow the Government to prepare and obtain for the Contractor a "Department of Defense Contract Security Classification Specification" (DD Form 254) for this contract. Where such clearance is required, the Contractor agrees to provide information and access to Contractor facilities as may be required by Government investigators. |
| (b) Immediately after contract award (or receipt of the required Facility Clearance), the Contractor’s Facility Security Officer (FSO) shall furnish to the COTR a list of all personnel proposed to work under this contract who have been processed through the NISP by the Defense Security Service (DSS). The Contractor shall update this information as individuals are added or deleted from the contract and the FSO shall provide the updated list to the COTR. |
| (c) For each contract employee that requires access to classified information under this contract, the Contractor shall forward a Visit Authorization Request (VAR) or a copy of the Joint Personnel Adjudication System (JPAS) Personnel Summary printout indicating the current background investigation information and clearance level. |
1.1.2 Access to Unclassified Information
| Note: | Contractor personnel that have a currently active, approved NSI clearance will not be processed for a Public Trust Investigation (PTI) if the current investigation meets the investigative requirements for the risk level of the position to be occupied under this DOJ contract. | |
| (a) Contractor personnel only requiring access to unclassified information will fall under the following categories: | ||
| (1) | High Risk. High risk positions are those positions that have the potential for exceptionally serious impact on the integrity and efficiency of the DOJ and involve duties especially critical to the DOJ or a program mission with broad scope of policy or program authority. | |
| (2) | Moderate Risk. Moderate risk positions are those positions that have the potential for moderate to serious impact on the integrity and efficiency of the DOJ. Duties involved are very important to the DOJ or program mission with significant program responsibility or delivery of services. | |
| (3) | Low Risk. Low Risk positions are those positions that have limited potential for adversely affecting the national security operations of the Department. |
1.1.2.1 PreAppointment Background Investigations and Waivers
| (a) Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this contract. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, a preappointment background investigation waiver can be granted by the SPM, in consultation with the cognizant COTR. The extent of the background investigation will vary depending upon the Risk Category associated with each position and whether each position is long- or short-term. Short-term is defined as contract employees having access to Federally-controlled information systems and/or unescorted access to Federally-controlled facilities or space for six months or fewer. The requisite background investigation does not need to be initiated for short-term positions as part of the pre-employment waiver except in the case of nonU.S. citizen contract employees. However, long-term contract employees requiring unescorted access to Federally-controlled facilities and/or access to any Federally-controlled information system shall be subject to the requisite background investigations described below. A waiver will be disapproved if it develops derogatory information that cannot be resolved in the contract employee’s favor. When a waiver has been disapproved, the COTR, in consultation with the SPM, will determine (1) whether the contract employee will no longer be considered for work on a DOJ contract or (2) whether to wait for the completion and favorable adjudication of the background investigation before the contract employee commences work on a Department contract. The minimum preappointment investigative requirements are as follows: | |
| (1) | High Risk Positions. The minimum background investigation required is a five year scope Background Investigation (BI), and the five year reinvestigation required is an Access National Agency Check with Inquiries (ANACI). The Standard Form (SF) 85P, Questionnaire for Public Trust Positions, is required. |
| (2) | Moderate Risk Positions. The minimum background investigation required is a Minimum Background Investigation (MBI) for “moderate” impact on the integrity and efficiency of the DOJ or a Limited Background Investigation (LBI) for “serious” impact potential on the DOJ’s integrity and efficiency. The five year reinvestigation required is a National Agency Check with Law and Credit (NACLC). The SF85P is required. |
| (3) | Low Risk/Non-Sensitive Positions. The minimum background investigation required for Low Risk/Non-Sensitive positions is a National Agency Check with Written Inquiries (NACI) and the required five year reinvestigation is also a NACI. The SF85, Questionnaire for NonSensitive Positions, is required. |
| (b) The preappointment background investigation waiver requirements include: | |
| (1) | Favorable review of the security questionnaire form; |
| (2) | Favorable FBI fingerprint results; |
| (3) | Verification of citizenship (copy of a birth certificate, Naturalization Certificate, or U.S. Passport); |
| (4) | Verification of compliance with the DOJ residency requirement; |
| (5) | Favorable credit report for contract personnel in High Risk and Moderate Risk positions; and |
| (6) | Verification of the initiation of the appropriate background investigation for long-term Contractor personnel. |
1.1.2.2 Required Security Forms
| (a) The following forms must be completed and submitted by the Contractor’s Corporate Security Officer for each contract employee PTI: | ||
| (1) | FD-258 Applicant Fingerprint Card. Two sets are required per applicant. The Contractor may schedule appointments with the SPM to be digitally fingerprinted; otherwise, fingerprinting by the FBI is required. All pertinent information must be completed by the individual taking the prints, or by the FBI if prints are taken there. | |
| (2) | SF-85 Questionnaire for Non-Sensitive Positions -or- SF-85P Questionnaire for Public Trust Positions. The contract employee shall complete the SF-85/SF-85P via the Electronic Security Questionnaires for Investigations Processing (e-QIP) System after first obtaining access to e-QIP from the SPM (see paragraph (c) below). The Contractor shall also submit a hard copy of the form (as completed and signed by the contract employee) with the remainder of the security package. | |
| (3) | DOJ-555 Fair Credit Reporting Act Disclosure. Authorizes DOJ to obtain one or more consumer/credit reports on the individual. This is required for Contractor personnel in High Risk and Moderate Risk positions. | |
| (4) | Foreign National Relatives and Associates Statement. This is only required if any relatives listed on the SF-85/SF-85P are foreign nationals. | |
| (5) | Confidentiality Agreement for Contractor and Subcontractor Employee. See Separate Section H clause for confidentiality requirements. | |
| (b) The Contractor shall also submit a credit report for each individual designated at the High Risk or Moderate Risk level, and have resolved satisfactorily any individual credit issues. | ||
| (c) Using e-QIP. Immediately after contract award, the Contractor shall designate an employee as its “e-QIP Initiator” and provide the name of this person to the COTR. The e-QIP Initiator must have, at a minimum, a favorably adjudicated MBI and the appropriate DOJ security approval before being given access to e-QIP. After the e-QIP Initiator’s security approval is granted, the Contractor will be configured in e-QIP as a sub-agency to DOJ. The Contractor will then be responsible for initiating all contract personnel in e-QIP for completion of the security questionnaire form and forwarding the electronic form along with a hard copy of the form (as completed and signed by the contract employee) with the remainder of the security package to the designated DOJ representative. Subject to the prior approval of the SPM, the Contractor may designate an e-QIP Initiator for each subcontractor. Subcontractor e-QIP Initiators must have, at a minimum, a favorably adjudicated MBI and the appropriate DOJ security approval before being given access to e-QIP. |
1.1.2.3 Citizenship and Residency Requirements
| (a) Residency Requirement. Contract employees, both United States (U.S.) citizens and nonU.S. citizens, must meet the Department’s Residency Requirement, i.e., he/she must have lived in the U.S. three of the last five years immediately prior to employment under the Department contract; and/or worked for the U.S. overseas in a Federal or military capacity; and/or be a dependent of a Federal or military employee serving overseas. At the Department’s sole discretion, the residency requirement may be waived by the Department Security Officer (DSO) on a case-by-case basis where justified by extenuating circumstances. |
| (b) Citizenship. The DOJ gives strong priority to contract employees that are U.S. citizens and nationals. Any prospective contract employee that is a foreign national must be from a country allied with the U.S. (See http://www.opm.gov/employ/html/Citizen.htm). At the Department’s sole discretion, a waiver of the allied nations list requirement may be granted by the DSO on a case-by-case basis where justified by extenuating circumstances. The Contractor is responsible for verifying that all non-U.S. citizens working under this contract have been lawfully admitted to the U.S. Contract employees requiring access to DOJ Information Technology (IT) resources are subject to the following additional restriction: |
NonU.S. citizens are not authorized access to or permitted to assist in the development, operation, management or maintenance of DOJ IT systems unless a waiver has been granted by the Head of the DOJ component, with the concurrence of the DSO and the DOJ Chief Information Officer (CIO). Such a waiver will be granted only in exceptional and unique circumstances. It should be noted that the Justice Consolidated Office Network (JCON) is a sensitive “DOJ IT system” and any contract employee that will need access to JCON must be a U.S. citizen or have received a waiver.
(c) Dual Citizenship. U.S. citizens who hold dual citizenship with a foreign country may be considered for contract employment. However, how the contract employee obtained or exercises his or her dual citizenship status will be a consideration in the adjudication process.
1.1.2.4 Procedures for Pre-Screening Applicants and Investigation
| (a) The Contractor shall perform the following prescreening and investigation duties for all persons proposed for work under this contract: | |
| (1) | Furnish to each proposed contract employee the forms described in Section 1.1.2.2 above 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 FD258 from an organization qualified to take fingerprints. |
| (3) | Collect completed forms from each applicant and review all forms for completeness and correctness. This includes, for example, satisfactory resolution of address issues or discrepancies. Return any incomplete or incorrect form(s) to applicant(s) to be corrected and resubmitted. |
| (4) | Submit completed forms to the COTR by no later than (14) calendar days after receipt of the blank forms and access to e-QIP has been initiated. |
| (5) | As directed by the COTR, initiate preappointment waivers for certain positions. This may entail performing credit history checks and submission of these checks as part of the security package, including satisfactory resolution of any issues prior to submission to the Government. |
| (6) | As directed by the COTR, review all forms prior to their being submitted to DOJ to ensure that candidates meet DOJ requirements, including residency and citizenship requirements. |
| (b) The Department will be responsible for the following: | |
| (1) | Determine the appropriate risk level for each contract employee position. |
| (2) | Provide the Contractor an adequate supply of forms and instructions for completing the forms within five business days after contract award. Ensure that the Contractor is provided access to the e-QIP system as described in 1.1.2.2(c). |
| (3) | Ensure that completed security forms are forwarded to the appropriate investigating agency in accordance with appropriate internal procedures. The investigating agency will conduct the requisite investigations. |
| (4) | Determine whether pre-appointment background investigation waivers will be needed, and if so, which positions will require such waivers. The COTR will notify the Contractor which pre-appointment waivers to initiate. |
| (5) | Notify the Contractor of the results of background investigations as they are completed and adjudicated. The COTR will notify the Contractor of any applicants who are found ineligible for employment security approval so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants. |
| (6) | Notify the Contracting Officer when a sufficient number of contract 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 contract. |
| (7) | Maintain an up-to-date file of Certificates of Investigation (COI) and other background investigation-related documentation for all contract employees throughout the life of the contract. |
| (d) The investigating agency will furnish the relevant SPM the results of each proposed contract employee’s investigation through issuance of a Certificate of Investigation (COI). Upon receipt of the COI and any other pertinent documents from the investigating agency, the SPM will determine whether or not each proposed contract employee should be granted employment security approval. This decision process is called “adjudication.” The SPM will notify, if required, the investigating agency of the adjudicative determination of each investigation. If OPM is the investigating agency, this will be accomplished by the SPM completing and submitting to OPM an INV Form 79A, “Report of Agency Adjudicative Action.” |
1.1.2.5 Identity Proofing and Badging.
| (a) During the life of this contract, the right to unescorted access to Federally-controlled facilities and/or access Federally-controlled information systems shall be made available after the contract employees have (1) met the identity proofing requirements outlined below, and (2) completed all other security requirements stated elsewhere in this contract. During all operations on Government premises, the contract employees shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require contract employees to "sign-in" upon entry and "sign-out" upon departure from the DOJ facility. | |
| (b) All contract employees requiring unescorted access to Federally-controlled facilities and/or access to Federally-controlled information systems (regardless of whether they will be issued a DOJ badge), shall comply with the identity proofing and registration requirements outlined below: | |
| (1) | Contract employees must present two forms of identification in original form prior to commencement of work under this contract and badge issuance (acceptable documents are listed in Form I9, OMB No. 1615-0047, “Employment Eligibility Verification,” and at least one document must be a valid State or Federal governmentissued picture ID); |
| (2) | Contract employees must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed prior to commencement of work under this contract and badge issuance (as applicable), and must be documented by the DOJ official. |
| (c) All contract employees requiring unescorted access to a DOJ controlled facility shall comply with the badge requirements outlined below: | |
| (1) | When any Contractor employees enter a DOJ building for the first time, the contract employees shall allow one hour for security processing and the fabrication of buildings access badges. |
| (2) | Building access badges shall be subject to periodic review by the Contractor's Supervisor and checked against the employee's personal identification. The contract employees shall present themselves for the issuance of renewed badges when required by the Government as scheduled by the COTR or his designee. The Contractor shall notify the COTR when employee badges are lost, and must immediately apply for reissuance of a replacement badge. The Contractor shall pay for reissued building access badges. It is the Contractor's responsibility to return badges to the COTR or his designee when a contract employee is dismissed, terminated or assigned to duties not within the scope of this contract. |
1.1.2.6 Replacement Personnel
| (a) Security investigations are very costly to the Government. 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 assure that otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one (1) year. The Contractor shall take all necessary steps to assure that Contractor personnel who are 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. |
| (b) The fact that the Government performs security investigations shall not in any manner relieve the Contractor of its responsibility to assure 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 its responsibilities to make every effort to select reliable employees of reputable background and sound character. Should there be need to replace a contract employee due to nonperformance, the Contracting Officer will determine whether the Contractor has abdicated its responsibilities to make every effort to select trained and experienced employees. |
| (c) Should the Contracting Officer determine that the Contractor has failed to comply with the terms of Section 1.1.2.4(a), the Contractor may be held monetarily 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 Contractor 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. |
| (d) 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. |
(e) Acceptance by the Government of consideration to which the Government may be entitled pursuant to paragraph (c) above shall not be construed to establish a course of conduct which will serve to limit the rights and remedies otherwise available to the Government. 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.
1.2 Contractor Facility
| (a) The Contractor shall implement physical controls as necessary to maintain the integrity and confidentiality of all data/information in its possession. At a minimum, the following requirements shall be in effect for Contractor controlled spaces where information is processed and/or stored: | ||
| (1) | Access to the facility shall be limited to Contractor personnel or those escorted by Contractor personnel. | |
| (2) | Document/media storage areas shall be restricted to persons requiring access to them on a need-to-know basis and have a security access approval or clearance granted by the DOJ. | |
| (3) | All areas designated for the storage of Grand Jury information require locked entrances and exits during non-working hours or a steel file cabinet that can be secured with a steel lock-bar and a General Services Administration approved changeable combination padlock, or its equivalent. Grand Jury information containing other types of sensitive information such as Federal Tax Return information, witness security information, and other types of highly sensitive information that have more stringent security requirements shall be stored and protected pursuant to security regulations governing such information and special security instructions provided by the organization originating the information. Grand Jury information containing classified NSI must be handled, processed, and stored in accordance with Executive Order 12958, as amended, or its successor. | |
| (4) | All designated storage areas/containers must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COTR or COTR designee. | |
| (b) When Grand Jury information is in actual use by authorized personnel, it shall be protected as follows: | ||
| (1) | Kept under constant review by an authorized person who is in a physical position to exercise direct security controls over the material; | |
| (2) | Covered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present; | |
| (3) | The room containing the materials must be locked when vacated for short periods of time; and | |
| (4) | Returned to storage containers/areas as soon as practical after use. |
1.3 Automation Equipment and Media Materials
| (a) At the conclusion of the contract period, all media materials used in conjunction with this contract shall be turned in to the DOJ for destruction. This includes not only paper records, but also all removable, "consumable" media such as floppy disks, magnetic tapes, typewriter ribbons, CD-ROMs, DAT tapes, etc. Any of these media materials that become defective during contract performance shall be immediately turned in to the DOJ for destruction. The Government will not compensate the Contractor for the costs of these media materials. |
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