Solicitation_0889_Premier_Support.pdf

DEPARTMENT OF JUSTICE

MICROSOFT SERVICES PREMIER SUPPORT

REQUEST FOR PROPOSAL

DJJA-15-RFP-0889

November 26, 2014

U.S. Department of Justice Procurement Services Staff

Two Constitution Square 145 N Street, NE

Washington, DC 20530

DJJA-15-RFP-0889 Microsoft Services Premier Support

1.0 BACKGROUND

Within the Department of Justice (the Government, Department, or DOJ), there is a requirement to obtain Microsoft Services Premier Support (Premier or Premier Support) in support of Microsoft Corporation (Microsoft)-developed products and systems. Through a comprehensive packaged offering, Premier Support shall assist the Department in maintaining the health and well-being of these products and systems.

The Department has made a major financial commitment, which is expected to continue, in Microsoft technology. Almost all of the Department’s new licenses and Software Assurance (SA) has been purchased over the years through an Enterprise License Agreement (ELA) with Microsoft. License and SA costs have been over $200 million in just the past five years. While SA includes some support, DOJ components require the specific highly technical services offered through Premier Support. The required support shall ensure that the Department has direct access to Microsoft resources that can provide the Bureaus and Components with comprehensive product support, while ensuring that these mission critical systems remain in proper working order.

2.0 PRICING

The Department contemplates the award of a single Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract for the acquisition of services described herein. All requirements shall be fulfilled via the issuance of individual task orders placed under the contract on a firm-fixed price basis.

2.1 Premier Support for the DOJ Enterprise shall be acquired via the issuance of individual task orders as identified above. All prices shown within Attachment 1 – “Pricing Table”, are fixed unit prices that shall be based on commercial rates and shall include all overhead and other expenses or charges necessary to provide the services specified in the contract/individual task orders.

2.2 The Department reserves the right to unilaterally increase or purchase additional support hours or incidents for any Contract Line Item Number (CLIN) ordered at any time during the term of the task order. All increases must be for work within the general scope of this contract (see Section 3 “Statement of Work”). The prices for additional support hours or incidents shall be the same as the initial batch purchased for the respective CLIN.

2.3 If obligated funding has not expired, the Department shall have the ability to roll-over any unused support hours or incidents to the next Option period.

2.4 The Contractor shall furnish all personnel and supervision required to provide support to the Department Components agency-wide for the support services described herewith.

2.5 Contract line item number (CLIN) Unique number associated with each separately priced item in the contract. The CLIN structure is composed of a prefix and a core number. The prefix corresponds to the contract period as follows: “0” for the base period, “1” for the first option period, “2” for the second option period, etc.

2.6 Minimum and Maximum Quantities/Amounts

a. The Department shall order a minimum amount of $1,000,000 under this contract. The Department shall have the entire term of the contract (to include all options) to fulfill the contract minimum. The specific CLIN and quantities ordered shall be identified in the task orders issued under this contract. The exercise of the renewal options (see Section 6.2) does not re-establish the contract minimum. During the life of this contract, the Department may order items in any quantity up to the maximum amount specified in paragraph (b) below. If the minimum amount has not been ordered then the Department may exercise the option for the next year or utilize other available remedies to fulfill any outstanding obligations.

b. There are no maximum quantities or amounts for each individual CLIN, task order, or contract period. The maximum aggregate amount of all task orders issued under this contract shall not exceed $100,000,000.00 for the entire term of the contract, including all options which may be exercised. This maximum ordering limitation represents the Department’s best estimate of contract support which may be required under the program as described in Section 3 “Statement of Work”.

2.7 Travel

There shall be no travel reimbursement to the Contractor for local travel. Local travel is defined as travel within 50 miles of the Contractor’s primary duty station. Primary duty stations shall be identified in individual task orders. All non-local travel shall be approved in advance by the Contracting Officer’s Representative (COR). Reimbursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with part 31 of the Federal Acquisition Regulations and the Federal Travel Regulations (FTR). Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor must submit (to the COR) a request for advance approval to utilize higher class travel. All travel should be scheduled sufficiently in advance to be able to take advantage of offered discount rates. Individual ‘travel authorization letters’ may be provided to the contractor (for all Contractor personnel who are required to travel) which may allow Contractor personnel to receive government rates when on long distance travel. The federal travel regulations and per diem rates can be accessed at: www.gsa.gov and type “FTR” in the search box. No travel reimbursement shall be authorized unless the Contractor provides sufficient written evidence of actual travel costs incurred to include, but not limited to receipts, ticket stubs, registers, and/or other documentation, as required by the Government.

2.8 Unit Pricing

Pricing proposed shall be considered the maximum price, which can be billed under this IDIQ. Additional discounts may be offered, but under no circumstances shall the quoted pricing be increased without prior written approval by the Contracting Officer and the Contracting Officer’s Representative.

http://www.gsa.gov/

3.0 STATEMENT OF WORK

The objective of this Statement of Work (SOW) is to establish an enterprise wide services contract that shall provide DOJ, including its Bureaus, Components, Task Forces and other related organizations, with a central contract vehicle to access Premier Support. The SOW is defined around timely and effective access to Premier Support and includes all service packages and offerings, up to and including the Premier Ultimate level of support. Actual requirements shall be identified in individual task orders written against the master contract.

3.1 Support Account Management

a. The Contractor shall perform planning and coordination of tasks included in the task orders.

The efforts shall include project management, direction, administration, quality assurance, and control of the task orders.

b. The Contractor shall provide a project plan that shall include how the Contractor shall address tasks awarded against the contract and shall update this plan when new task orders are awarded.

c. The Contractor shall coordinate with the CORs, the task order points of contact (POCs), and the Vendor Management Office (VMO) as identified in specific task orders. Depending on the issue, additional points of contact may be identified at the task order level.

d. The Contractor shall coordinate and manage the resources necessary to support all tasks, including unplanned service requests that are initiated by DOJ Components. Once a service request is approved for further action in accordance with policies established by the VMO, the Contractor shall assess the request’s urgency, status, and requirement to determine and coordinate next steps in problem evaluation and resolution.

e. The Contractor shall coordinate routinely with task order POCs, CORs and the VMO as necessary to ensure proper management and updates on status of issues.

f. The Contractor shall monitor performance against task requirements and provide monthly reports to the CORs and/or task order POCs. Reports shall include task and problem resolution status and performance.

g. The Contractor shall assist DOJ components in determining preventive measures that may include risk assessments, support assistance, and/or designated platform support to maintain the overall health of systems.

h. The Contractor shall participate in periodic teleconferences or meetings throughout task order performance to provide the Government with status updates and accomplishments on tasks, schedule and other issues.

3.2 Workshops and Events

a. Workshops – The Contractor shall conduct instructor-led training sessions that emphasize technologies identified by the customer. Workshops shall be focused on training the Government to properly monitor Microsoft products and act proactively to prevent failure.

Workshops shall include lessons learned and best practices for system maintenance.

b. Events – The Contractor shall provide or provide access to special training events. Events may include broad technical presentations combined with hands-on labs that support enhanced training of Government personnel.

3.3 Problem Resolution Support –

a. Problem Request (Break-Fix) – The Contractor shall provide assistance for all break-fix requests. Incidents requiring an onsite visit shall be charged on an hourly basis. In certain situations, the Contractor shall provide the Government with a modification to the commercially available product software code to address specific critical problems (“Hotfixes”) in response to an assisted break-fix support request. The Contractor shall provide 24/7 help desk support as requested by CORs or other authorized Government personnel identified in individual task orders. This support includes resolution of break-fix and other critical down-time issues where there is a reasonable expectation that the problems are caused by Microsoft products. Severity levels are identified below to ensure that priorities are given to high-impact issues that affect the mission of the Department.

Severity Submission Method

Situation Contractor Response

Submission via phone only

Catastrophic business impact.

• Complete loss of a core (mission critical) business process and work cannot reasonably continue.

• Needs immediate attention.

Examples: Network outage, security violations, database failures affecting critical or urgent mission performance.

• First call response in 1 hour or less.

• Resources at site as soon as possible.

• Continuous effort on a 24x7 basis.

• Rapid escalation within Microsoft to Product teams.

• Notifications to senior Government executives.

A only

Critical business impact.

• Significant loss or degradation of services.

• Needs attention within 1 hour.

Examples: Security incidents, connectivity issues, software deployment issues affecting mission performance.

• First call response in 1 hour or less.

• Resources at site as required.

• Continuous effort on a 24x7 basis.

• Notification to senior Government managers.

B or web

Moderate business impact.

• Moderate loss or degradation of services but work can reasonably continue in an impaired manner.

• Needs attention within 2 business hours.

Examples: Software deployment, configuration, implementation, and replication issues related to site development.

• First call response in 2 hours or less.

• Continuous effort on a 24x7 basis.

C or web

Minimum business impact.

• Substantially functioning with minor or no impediments to services.

• Needs attention within 4 business hours.

Example: Request for guidance on non-mission critical fixes.

• First call response in 4 hours or less.

• Effort during business hours only.

3.4 Support Assistance

a. The Contractor shall provide Infrastructure Support Assistance, to include recommendations for platform/software design and development, informal advice, guidance, and knowledge transfer to assist the Government in implementing Microsoft technologies, and configuration support and version control to assist the Government in documenting the design and changes that shall assist in troubleshooting issues.

b. The Contractor shall provide network and architectural risk assessments that shall assist the Government in ensuring the infrastructure design and strategy shall meet the overall requirements of the mission and help avoid unplanned issues and downtime.

c. The Contractor shall provide support assistance in the development of internal software applications that shall be used on the Contractor’s platform to ensure compatibility and proper integration with Microsoft tools and technologies.

d. The Contractor shall provide the Government with access to a lab facility to assist with product development, benchmarking, testing, prototyping and migration activities.

3.5 Information Services – The Contractor shall provide technical information about Microsoft products and support tools that help to implement and operate Microsoft products in a more efficient and effective manner.

a. Premier Online Website – The Government may elect the option for the Contractor to provide a premier online website. If the Government elects this option, the Contractor shall provide the following:

i. Regularly updated product news flashes documenting key support and operational information about Microsoft products.

ii. Critical problem alerts notifying the Government of potentially high-impact problems.

iii. Web response tool for submitting and checking the status of support incidents.

iv. Microsoft Knowledge Base of technical articles and troubleshooting tools and guides.

v. Troubleshooting Information for Microsoft Products. Vendor shall provide access to Microsoft knowledge base of technical support articles, troubleshooting tools, diagnostics guides, and up-to-date information white papers and best practices.

b. Support Webcasts – Vendor shall provide Support Webcasts to Premier users. All webcasts shall be scheduled and led by Microsoft personnel covering key areas of Microsoft technology.

c. Knowledge Sharing – Vendor shall provide support for technical/program panels and special events. Knowledge Sharing support may include discussion about specific support provided to the program or key product information.

4.0 INSPECTION & ACCEPTANCE

4.1 Inspection and acceptance of services to be furnished hereunder shall be performed at place of performance or destination, by the COR or his/her designated representative, in accordance with FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items (May 2014). The Government reserves the right to conduct any inspection and tests it deems reasonably necessary to assure that the 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 shall be provided to the Contractor by the Contracting Officer.

4.2 Inspection shall be completed within thirty (30) calendar days after completion and submission of deliverables.

a. 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 shall be deemed to have occurred at the end of each whole or fractional month falling within the contract term.

b. 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 shall be deemed to have occurred upon delivery.

c. Payment shall constitute notification of acceptance.

d. In the event payment is made up front, acceptance shall be rendered by written notice to the contractor.

e. Written notification of negative inspection results shall be furnished within 30 days after completion and delivery.

5.0 DELIVERABLES

The Contractor shall submit the following deliverables to the COR as scheduled:

5.1 Kick-off Meeting - The Contractor shall conduct a Contract Kick-off Meeting within five (5) business days of Contract award or at a time agreed to with the COR. The Kick-off Meeting shall address the following topics:

• Contract Plan of Action

• Task Risks and Mitigation Strategies

5.2 Monthly Status Report - The Contractor shall provide a monthly status report that shall be limited to four pages in length (length may be extended if necessary to communicate the issues identified below). This report shall be due no later than the 10th of each month. The monthly status report shall include at a minimum the following:

• Resource Planning and financial summary of all task orders issued under the IDIQ

• Issues (technical, management, contractual) and corresponding mitigations or remedies

• Planned activities and scheduled completion dates

• Status of deliverables and associated milestones, if applicable.

• Interim findings, recommendations and current status on implementation plans

6.0 PERFORMANCE

6.1 Period of Performance

The period of performance for this contract is from the date of award with four additional option periods.

• Base: Date of Award to 365 Days thereafter

• Option Year1: Date of Option Exercise to 365 Days thereafter

• Option Year 2: Date of Option Exercise to 365 Days thereafter

• Option Year 3: Date of Option Exercise to 365 Days thereafter

• Option Year 4: Date of Option Exercise to 365 Days thereafter

6.2 Option to Extend Services

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the term of the contract.

6.3 Option to Extend the Term of the Contract

a. The Government may extend the term of this contract by written notice to the Contractor within the base period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

c. This contract may be extended, at the option of the Government, upon the same terms and conditions for a period of one (l) year or fractions thereof by the Contracting Officer giving written notice of the Government's exercise of such option to the Contractor at any time during the term of this contract.

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

6.4 Place of Performance

The primary work to be performed under this contract shall be at the Contractor’s facility and/or at DOJ facilities in the Washington, DC, metropolitan area. Task Orders may identify other Government facilities both within the United States and overseas.

6.5 Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when he/she 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 COR, 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.

7.0 CONTRACT ADMINISTRATION

7.1 Contract Type

This shall be a single award IDIQ with fixed price orders.

7.2 Funding

a. Funds shall be obligated on a firm fixed price basis for individual task orders.

7.3 Ordering

a. Orders shall be issued by the Administrative Contracting Officer (ACO) on behalf of DOJ entities requiring Premier support. Bureaus, Components, Task Forces, and other related organizations shall not be permitted to place orders directly unless prior written approval is provided by the ACO and the DOJ Contracting Officer’s Representative (COR).

b. Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the ACO. Such orders may be issued anytime during the term of this contract.

b. All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

c. If mailed, a task order is considered "issued" when the Government deposits the order in the mail. Orders may also be issued orally, by facsimile, or by electronic commerce methods.

d. Each task order issued hereunder shall contain a dollar ceiling which the Contractor shall not exceed except at its own risk.

e. Any order issued during the effective period of the contract and not completed within that period shall be completed by the Contractor within the time specified in the task order. In no event shall the completion date for any task order extend for a period of more than 120 days beyond the expiration date of the contract. In such instances, the contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the task order were completed during the contract's effective period.

7.4 Ordering Activity

Services to be furnished under this contract shall be ordered by issuance of task orders issued by the U.S. Department of Justice, Procurement Services Staff, 145 N Street, NE, Washington, DC 20530.

7.5 Invoice & Payments

a. The Contractor shall render invoices not more frequently than monthly. Invoices shall be provided via email to the COR. To constitute a proper invoice, the following information and/or attached documentation shall be included in addition to the data discussed previously in the SOW:

i. Name and address of the Contractor.

ii. Invoice date.

iii. Contract number.

iv. Task order number.

v. Period covered by the invoice.

vi. Document control number (DCN).

vii. CLIN number and description, quantity, unit price and extended total for the period covered.

viii. Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

ix. Taxpayer Identification Number.

x. Funds obligated, funds expended and funds remaining on the task order.

b. The COR shall certify the billed amount. Negative inspection results shall be reported immediately to the Contractor and ACO.

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

d. Premier services are purchased up front via a bulk obligation. Usage against this obligation must be reviewed and accepted by the COR. Payment shall be made in accordance with FAR clause 52.212-4, Contract Terms and Conditions – Commercial Items (May 2014). The office that shall make the payments due under this contract (i.e., the designated payment office) is shown below. However, please remember that the Contractor shall submit all invoices to the address in Section 7.8.

U.S. Department of Justice, FDSS Two Constitution Square 145 N Street, NE, Room 7W-1004 Washington, D.C. 20530

7.6 Task Order Content

a. Each task order issued under this contract shall include the following information as applicable:

i. Contract and Task Order number;

ii. Date of the order;

iii. Description of work to be performed;

iv. Work Schedule, period of performance, or required completion date;

v. Place of delivery or performance.

7.7 Administrative Contracting Officer

a. The Administrative Contracting Officer (ACO) has the overall responsibility for the administration of this contract. He/she alone, without delegation, is authorized on behalf of the Department to amend, modify or deviate from the contract terms, conditions, requirements, and/or delivery schedule. However, the ACO may delegate certain other responsibilities to his/her authorized representative. This order shall be administered by:

Name: TBD

Procurement Services Staff 145 N Street, NE Washington, DC 20530

Telephone: (202) 307-XXXX E-mail: TBD

b. Written communications shall make reference to the contract/order number and shall be mailed or e-mailed to the above address.

7.8 Contracting Officer’s Representative (COR)

a. Upon award, the Government shall designate a COR and/or Assistant COR. The COR shall be an employee of the Justice Management Division. The COR shall have overall project management and oversight responsibilities, and shall coordinate the technical aspects of this contract. The COR shall inspect items/services furnished hereunder; however, he/she shall not be authorized to change any terms and conditions of the order, including price. The COR for this order is:

mailto:pamela.f.pilz@usdoj.gov

Name/Address: Name: TBD

Procurement Services Staff 145 N Street, NE Washington, DC 20530

Telephone: (202) 307-XXXX E-mail: TBD

b. The COR shall be responsible for the technical administration of this contract. The responsibilities of the COR include, but are not limited to, inspecting deliverables. The COR is authorized to certify (but not to reject or deny) invoices for payment in accordance with the section on payments. The authority to reject or deny performance and associated invoice payment is expressly reserved for the ACO.

c. The ACO is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Any such revision shall be authorized in writing by the ACO.

7.9 Contractor Representative for Contract Administration

a. The Contractor's representative shall be responsible for all contract administration issues and shall act as the central point of contact with the Government for all such issues. The representative shall have full authority to act for the Contractor in all contractual matters.

The representative shall be able to fluently read, write, and speak the English language. The Contractor's representative to be contacted for all delivery order administration matters:

Name:

Address:

Telephone:

Fax:

E-mail:

7.10 Security Program Manager (SPM)

a. Upon contract award, a Security Programs Manager (SPM) shall be designated to coordinate those aspects of this contract which pertain to obtaining and maintaining security clearances at the appropriate levels for Contractor personnel performing hereunder.

b. During the pre-award phase of this contract, the SPM is responsible for performing the following duties:

i. Provide the Contracting Officer with the appropriate Contractor personnel security screening requirements (including waiver requirements, if appropriate) and background investigation (BI) requirements for obtaining services of non-federal mailto:pamela.f.pilz@usdoj.gov employees under the resultant contract and task orders.

ii. Determine the risk level for each Contractor position. The risk level must be based on an overall assessment of the damage that an untrustworthy Contractor could cause to the efficiency or the integrity of Departmental operations. The SPM shall provide this information to the Contracting Officer for inclusion in the resultant contract.

iii. Certify that the personnel security requirements of the contract are adequate to ensure the security of Departmental operations, information and personnel. The SPM shall provide this written certification to the Contracting Officer prior to release of the Request for Proposals.

c. The SPM for this contract is (to be filled in by the Contracting Officer upon contract award):

(Component Name) : [To be inserted at the time of award] U.S. Department of Justice Address: [To be inserted at the time of award] Telephone:[To be inserted at the time of award] E-mail: [To be inserted at the time of award]

d. The personnel security requirements of this contract are set forth in the Sections:

(To be filled in by the Contracting Officer upon contract award).

e. Following award of this contract, the SPM shall ensure that the personnel security requirements set forth herein are followed. In addition, the SPM shall comply with the supplemental guidelines provided to him or her by the Contracting Officer.

8.0 SPECIAL CONTRACT REQUIREMENTS

8.1 Personnel Requirements

The Contractor shall provide an appropriate mix of qualified and experienced staff to perform the work as specified in Section 3.0 “Statement of Work” and as required by the individual Task Orders. Personnel shall possess significant experience and expertise in the task areas described. The Contractor’s employees shall be proficient in reading, writing, communicating, and understanding the English language.

Key personnel may be designated at the contract and/or task order level. The following position(s) are considered to be “Key Personnel” at the contract level:

a. Program Manager The Contractor shall assign a Program Manager to act as the central point of contact with the Department and shall have full authority to act on the Contractor’s behalf. The Program Manager has direct accountability for the quality of services performed and services delivered. The contract Program Manager assigned shall be readily available to the Government during normal business hours (9:00 am – 5:00 pm).

8.2 Key Personnel

a. Contractor support resources considered "Key Personnel" cannot be removed from the contract without 60 days written notification to the Contracting Officer and the Primary POC and without the submission of appropriate replacement staff. The Contractor staff cannot be removed from their assignment to this contract without written notification to the COR, along with the submission of appropriate replacement staff and approval by the

COR.

b. Key personnel are not authorized to begin work under the contract/task order until the Contracting Officer (CO) provides written approval of resumes, based upon the COR review and recommendations. Only the CO is authorized to approve key personnel resumes. All key personnel resumes shall be submitted for approval with the proposal, unless these personnel were approved by the CO under a previous task order. Detailed explanations must be provided if the Contractor is unable to provide key personnel resumes at the time of proposal submission. Resumes submitted after proposal submissions are still subject to the approval of the CO.

c. NOTE: Contractor personnel, whose resumes were submitted to support their technical proposal demonstrating experience and skills, shall be assigned to work on the contract/task order. The contract Program Manager assigned shall be readily available to the Government during scheduled workdays. Contractor personnel shall not be removed or excused from task order assignments without the written approval of the

COR.

d. The Contractor shall not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the COR and Security Programs Manager (SPM), have received the requisite security approval.

e. Activities shall be consistent with the methodology described in the Section 3.0 “Statement of Work”.

f. The Contractor shall maintain continuity of effort as appropriate throughout the tasks and provide a quarterly summary for all activities, including costs, risks, and lessons learned synergy of initiatives and areas for improvement.

8.3 Organizational Conflicts of Interest

The Contractor warrants that, to the best of its knowledge and belief, and except as otherwise set forth in this contract/task order, it does not have any organizational conflict of interest as defined below. The term "organizational conflict of interest" means a situation where a Contractor has interests, either due to its other activities or its relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable (i) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement; or (ii) from industry's standpoint in that unfair competitive advantages may accrue to the Contractor in question. The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this task order, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract/task order for the convenience of the Government if it would be in the best interests of the Government.

8.4 Organizational Conflict of Interest and Limitations on Contracting

a. The Contractor agrees that, for any procurements for which the Contractor performs a service under this contract, it shall not disclose any information concerning the work, including technology developed or findings and conclusions rendered by the Contractor in performing this work, without the written permission of the Contracting Officer, and shall not render any services of any kind, to anyone other than the United States Government related to procurements described in the first paragraph above.

b. If, under this contract or any order issued against this contract, by modification or otherwise, the Contractor is required to prepare or assist in the preparation of a statement of work to be used in another procurement, the Department of Justice or any component thereof shall not consider the Contractor, its successor-in-interest, assignee, nor affiliates as a prime or subcontractor source of supply for the procurement. Note: The Contractor is prohibited from submitting proposals to evaluate its own work from a previous task order or contract, e.g., Performing a Certification & Accreditation, or any part thereof, and subsequently performing an IV&V or audit of the same system or its documentation. No exceptions shall be authorized. The restrictions stated above shall be in effect without limit to time.

8.5 Contractor Personnel

a. See also Section 1.1 of Attachment 5 “Security Requirements”.

b. A non-disclosure agreement (Attachment 2) encompassing official Department language shall be signed by all Contractor participants barring unauthorized disclosure of Department information. Copies of non-disclosure agreements shall be provided to the Contractor with sufficient time for corporate review before the employees are required to sign these documents. The Contractor further agrees that it shall not disclose any information concerning the work without the written permission of the Contracting Officer and shall not render any services of any kind to anyone other than the United States Government related to this procurement. This provision applies to any subcontractor, consultant, etc., the Contractor uses under this contract.

8.6 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 shall not compensate the Contractor for the costs of these media materials.

b. At the conclusion of the contract period, the Contractor shall sanitize all other media which has been used in connection with contract work, such as PC hard drives and memory, network server hard drives and memory, etc. according to DOJ approved procedures. For example, the Government shall require the Contractor to degauss all such media or to write over the media a specified number of times (e.g., five times using software such as Norton Disk Wipe). The Contractor shall also be required to provide itemized certification that the degaussing has been completed for all equipment used in connection with the contract. If the Contractor is unable to degauss or sanitize the media to the satisfaction of the SPM, the

Contractor must turn the media over to the Government for destruction. The Government shall not compensate the Contractor for the cost of this effort.

c. If any PCs, hard drives, memory, servers, etc. used in connection with the contract become defective during the contract performance period, the Contractor must either turn the media over to the Government for destruction, or sanitize the media in accordance with Government approved procedures and certify the sanitization. This also applies, of course, to equipment/media the Contractor chooses to sell or dispose of for other reasons. The Government shall not compensate the Contractor for the cost of this effort.

d. The Government reserves the right to inspect any equipment/media certified by the Contractor as having been degaussed or sanitized.

e. The Contractor must ensure that sensitive information does not remain on the storage media, including hard disks and floppy disks, when the PC is removed from the Contractor's area for maintenance or other use. Maintenance personnel must be escorted and monitored by Department or Contractor personnel when allowed to perform on-site maintenance for the equipment. The storage media must be removed from the PC prior to removal of the PC from the area for maintenance.

f. Any removable storage media must be appropriately marked with the classification level.

8.7 Data Communications

a. The Contractor is responsible for ensuring the security of all data transmitted internally (e.g., within and between Contractor facilities) and data transmitted between the Contractor and its subcontractors. For transmission of sensitive, non-classified data, the COR may require the data to be encrypted in compliance with Federal Information Processing Standard (FIPS) 46-3, Data Encryption Standard (DES) and "Security Level 1" of FIPS 140-2, Security Requirements for Cryptographic Modules, or their successors.

b. All encryption devices must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COR or COR designee.

8.8 Confidentiality of Computer Systems

Any Contractor computer systems or databases utilized in the performance of this contract and/or Contractor personnel shall not be programmed to intentionally divulge or release any information utilized under this contract except as required by the contract or as directed by the CO or COR.

8.9 Standards of Conduct

In performing this contract, Contractor personnel may be required to interact with government and non-government officials at various levels. The Contractor shall ensure that all its personnel assigned to this contract conduct their work in a courteous, professional and responsible manner, both in appearance and in deed. The standards of conduct for DOJ and/or other client agency employees at the facility(ies) where the task services are rendered shall apply to all Contractor personnel working on or at the same DOJ owned or leased work space(s).

8.10 Contractor Facility

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:

a. Access to the facility shall be limited to Contractor personnel or those escorted by Contractor personnel.

b. Media handling and areas where DOJ media is stored shall be restricted to Contractor personnel with DOJ security clearance.

c. 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, COR or COR designee.

8.11 Facility Access

8.11.1 Rights of Egress and Ingress

During the life of this contract, the rights of ingress to and egress from the Department of Justice facility for the Contractor's representatives shall be made available as required. During all operations on Government premises, the Contractor's personnel 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 Contractor personnel to "sign-in" upon entry and "sign-out" upon departure from the Department of Justice facility.

8.11.2 Building Access Passes

a. When any Contractor or subcontractor personnel enter a DOJ building for the first time, the Contractor shall allow one hour for security processing and the fabrication of buildings access passes.

b. Passes shall be subject to periodic review by the Contractor's Supervisor and checked against the employee's personal identification. The Contractor's employees shall present themselves for the issuance of renewed passes when required by the Government as scheduled by the COR or his designee. The Contractor shall notify the COR when employee passes are lost, and must immediately apply for reissuance of a replacement pass. It is the Contractor's responsibility to return passes to the COR or his designee when a Contractor employee is dismissed, terminated or assigned to duties not within the scope of this contract.

8.12 Confidentiality of Data

a. Duplication or disclosure of the data and other information to which the Contractor shall have access as a result of this contract is prohibited. The terms “Contractor” and “contract employee” in this clause include all entities and individuals that shall perform under this contract, including the Contractor, team member, subcontractor, consultant, and/or independent Contractor. It is understood that throughout performance of this contract, the Contractor shall have access to confidential data which is either the sole property of the Department of Justice or is the sole property of other than the contracting parties. The Contractor agrees to maintain the confidentiality of all data to which access may be gained throughout contract performance, whether title thereto vests in the Department of Justice or otherwise. “Data” in this context also includes any information about the cases or investigations the Contractor is working on, including the names and subject matters of the cases or investigations. The Contractor agrees not to disclose or divulge any such information except to persons who:

Have a DOJ security approval, Have signed the DOJ Non-Disclosure Agreement, and Have a need to know.

This limitation specifically applies to the Contractor’s management chain.

b. The Contractor agrees to not disclose said data, any interpretations and/or translations thereof, or data derivative there from, to unauthorized parties in contravention of these provisions, without the prior written approval of the Contracting Officer or the party in which title thereto is wholly vested. The Contractor may be held responsible for any violations of confidentiality.

c. The Contractor agrees that upon termination of the contract, it has no property or possessory right to any of the correspondence, files or materials, of whatever kind and description, or any copies or duplicates of such, whether developed/prepared by the Contractor or furnished by the Government in connection with the performance of this contract; and that, upon demand, the Contractor shall surrender immediately to the COR such items, matters, materials, and copies.

d. All contract employees who shall have access to confidential data and be asked to sign a Confidentiality Agreement. It is the responsibility of the Contractor to assure that such Agreements have been signed before access to confidential data is permitted.

8.13 Section 508 Compliance

a. Section 508 of the Rehabilitation Act of 1973 requires that Federal agencies’ electronic and information technology (EIT) is accessible to people with disabilities. The Federal Acquisition Regulations (FAR) Final Rule for Section 508 (EIT Accessibility) can be found at www.section508.gov.

b. The Contractor must ensure that all EIT products that are less than fully compliant are offered pursuant to extensive market research which ensures that they are the most compliant products and services available. For every EIT product that does not comply with 36 CFR Part 1194, the Contractor shall on 30 days notice, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral.

c. By authorized signature on the contract, the Contractor certifies that it shall comply with Section 508 of the Rehabilitation Act of 1973 where and when applicable.

8.14 Security of Systems and Data Including Personally Identifiable Data http://www.section508.gov/

8.14.1 Systems Security

a. 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.

b. 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.

c. The use of Contractor-owned laptops or other media storage devices to process or store data covered by this provision is prohibited until the Contractor provides a letter to the Contracting Officer 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 shall 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 shall 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 shall be performed by the Contractor’s project manager and a letter confirming certification shall be delivered to the Contracting Officer within 15 days of termination of Contractor work.

8.14.2 Data Security

a. By acceptance of, or performance on, this contract, the Contractor agrees that with respect to the data identified above, 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 shall immediately (and in no event later than within one hour of discovery) report the breach to the DOJ Contracting Officer and COR.

b. If the data breach occurs outside of regular business hours and/or neither the CO nor the COR 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 Contracting Officer as soon as possible during regular business hours.

c. In the event a breach occurs DOJ reserves the right to go to the Contractors storage facility to inspect all storage containers with DOJ data to verify that no data has been lost or compromised.

8.14.3 Personally Identifiable Information Notification Requirement The Contractor further certifies that it has a security policy in place that…