MOD 1 15M10225QA4700302 ASO.pdf

15M10225QA4700302/0001 Page 1 of 33

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 33

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

07/23/2024

4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

15M102CODE

U.S MARSHALS SERVICE

PROCUREMENT APC

Austin Processing Center 903 San Jacinto Blvd, Suite 1210 Austin, TX 78701

Kate Oravitz Weeks kathryn.oravitz-weeks@usdoj.gov

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15M10225QA4700302

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

08/21/2025

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this Amendment is to:

a. Update the title of USMS-0015.

All other terms and conditions remain unchanged and in full force and effect.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Kathryn Oravitz-Weeks

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

15M10225QA4700302/0001 Page 2 of 33

Section 1 - Commodity or Services Schedule

MISSION CRITICAL: Transporting and producing prisoners for court proceedings

Labor Hours

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 40-hour work week Not to exceed 2,080 hours per year

PSC: S206

Line Period of Performance: 10/01/2025 - 09/30/2026

Base Period

Previous :

2,080

Change: 0

Current :

2,080

HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Above 40-hour work week Not to exceed 500 hours on a yearly basis

PSC: S206

Line Period of Performance: 10/01/2025 - 09/30/2026

Base Period

Previous :

Change: 0

Current :

HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 40-hour work week Not to exceed 2,080 hours per year

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2026 - 09/30/2027

Unexercised Option

Previous :

2,080

Change: 0

Current :

2,080

HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 Above 40-hour work week Not to exceed 500 hours on a yearly basis

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2026 - 09/30/2027

Unexercised Option

Previous :

Change: 0

Current :

HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 40-hour work week Not to exceed 2,080 hours per year

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year

Previous :

2,080

HR $________ $_________________

15M10225QA4700302/0001 Page 3 of 33

PSC: S206

Line Period of Performance: 10/01/2027 - 09/30/2028

Unexercised Option

Change: 0

Current :

2,080

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 Above 40-hour work week Not to exceed 500 hours on a yearly basis

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2027 - 09/30/2028

Unexercised Option

Previous :

Change: 0

Current :

HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 40-hour work week Not to exceed 2,080 hours per year

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2028 - 09/30/2029

Unexercised Option

Previous :

2,080

Change: 0

Current :

2,080

HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 Above 40-hour work week Not to exceed 500 hours on a yearly basis

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2028 - 09/30/2029

Unexercised Option

Previous :

Change: 0

Current :

HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 40-hour work week Not to exceed 2,080 hours per year

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2029 - 09/30/2030

Unexercised Option

Previous :

2,080

Change: 0

Current :

2,080

HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 Above 40-hour work week Not to exceed 500 hours on a yearly basis

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2029 - 09/30/2030

Unexercised Option

Previous :

Change: 0

HR $________ $_________________

15M10225QA4700302/0001 Page 4 of 33

Current :

CCFM: ASO-FY25-000002 FY26-30 Aviation Security Officer

Statement of Work Personal Services

United States Marshals Service

STATEMENT OF WORK (SOW)

Aviation Security Officers (ASO)

1. Introduction

This Statement of Work (SOW) sets forth the Aviation Security Officers (ASO) requirements to provide detention service in various contexts in support of the United States Marshals Service (USMS) districts and Justice Prisoner Air Transportation System (JPATS).

JPATS mission is to coordinate and transport prisoners and detainees safely, securely, and humanely in a timely and economical manner. All ASO’s will serve at the discretion of the Assistant Director (AD), JPATS or his/her designee.

This is a personal services contract where the Government will exercise supervision over the ASOs performing the services herein.

2. Period of Performance

Option Year Start Date End Date Base Year 1 OCTOBER 2025 30 SEPTEMBER 2026 Option Year 1 1 OCTOBER 2026 30 SEPTEMBER 2027 Option Year 2 1 OCTOBER 2027 30 SEPTEMBER 2028 Option Year 3 1 OCTOBER 2028 30 SEPTEMBER 2029 Option Year 4 1 OCTOBER 2029 30 SEPTEMBER 2030

3. Place of Performance

The Place of Performance supports the JPATS mission located throughout the 94 USMS Districts or other locations at the discretion of the Assistant Director (AD), JPATS or his/her designee.

4. Background/Current Environment

ASOs engaged under personal services contracts are not employees of the United States Government, the Department of Justice (DOJ), or the USMS. The authority and jurisdiction extended to, or provided by, the personal services contract is strictly limited to the period-of-time the services are directly provided by the ASO to the USMS.

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Services performed pursuant to this contract do not entitle the ASO to pensions, health benefits, injury compensation, or other related federal employee benefits and services.

ASOs engaged under personal service contracts are considered employees for the purposes of the Federal Tort Claims Act and personal liability suits, and for the purposes of workers’ compensation under the Federal Employees Compensation Act, 5 U.S.C. § 8101, et seq.

Work Locations:

ASOs may perform duties as described in this Statement of Work (SOW) in the following locations:

1. Oklahoma City, Oklahoma.

2. Kansas City, Missouri.

3. Other locations as required.

Assistant Director (AD), JPATS/designee may authorize qualified ASOs to carry and use firearms and less than lethal devices. The authority to carry a concealed weapon is extended to the ASOs to the extent necessary to meet the objectives of this written SOW. No authority is extended to carry a concealed weapon beyond duty assignments.

When handling prisoners, ASOs can work independently under the supervision of JPATS operational personnel. ASOs will not be teamed with other types of contract guards.

5. Scope

The ASO shall augment the JPATS staff in the:

Safe and secure custody of USMS prisoners while transporting, guarding, handling, or processing them in or between courthouses, detention facilities, medical facilities, aircraft, JPATS airlift sites, and other USMS secured spaces as needed.

Securing of federal, seized, or forfeited property (including entry control, roving patrol, fixed posts, and emergency response).

ASOs may be used to transport prisoners by commercial air if accompanied by a USMS operational employee(s).

Professional Conduct: ASOs will adhere to the USMS Code of Professional Responsibility Policy Directive while on duty.

6. Key Personnel Qualifications

Each ASO is identified as key personnel for the USMS. As such, these are the minimum qualifications and shall be provided in a resume type format:

Experience:

Experience is in accordance with USMS Policy 9.37(A)(2)(a-d).

Must be actively employed state, local, or reserve, law enforcement officers with arrest authority and a minimum of one-year experience; or

Actively employed state, local, or reserve, corrections or detention officers with a minimum of one-year experience in prisoner handling or detention; or

Former or retired law enforcement, corrections, detention, or military police officers who have not been separated or retired for more than five years prior to contracting with the USMS.

Current ASO experience may be credited toward meeting the mandatory experience.

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Medical Examination:

The ASO’s MUST pass a medical examination prior to any contract award.

The JPATS shall pay expenses associated with medical examination directed by JPATS management at medical facilities identified by JPATS. JPATS shall provide the medical facility with the relevant forms necessary for the medical evaluation. The Medical Reviewing Official shall provide final determination of medical examination results to JPATS, indicating the permissibility of full execution of job requirements. Authorization to work/duty is when the Medical Reviewing Officials finds “Fit-for-Duty” without restrictions.

Any/all medical restrictions of the ASO shall be disclosed and explained so that the medical facility may properly assess the work restriction and determine to and if what extent such restrictions may or may not prevent the ASO from performing certain duties.

Travel time and/or mileage incurred by the ASO for the physical exam are not the responsibility of the government and are not reimbursable. Any treatment or other medical services provided to the ASO beyond the required medical examination is the responsibility of the ASO.

Drug Test:

The ASO MUST pass a drug test prior to any contract award.

Drug tests shall be administered in conjunction with the medical exam at the medical facility at no cost to the ASO (JPATS shall pay for the test). The Medical Reviewing Official shall ensure that a drug test has been conducted and test results provided to JPATS for review.

Vaccinations:

Tuberculin (TB) - USMS Policy 3.33, Tuberculosis Screening for USMS Employees. All employees who handle prisoners or who work in the cellblock area shall have Mantoux TB skin test using Purified Protein Derivative (PPD) with repeat screening on at least an annual basis following the recommendation of the Centers for Disease Control (CDC), American Thoracic Society and, the Infections Disease Society of America (see Exposure Control Plan for Occupational Exposure Airborne Pathogens directive for testing protocol). This test shall be administered during the annual medical exam and at the government’s expense. JPATS is only responsible for the cost of the test. Any follow-on medical services required shall be received at the ASO’s individual health care provider and at the ASO’s expense.

ASO contracts shall be modified should any federal mandate with respect to requiring vaccinations as it could impose obligations with safety measures in the contractor’s workplace. The Government reserves the right to terminate the contract if the contractor does not comply.

Injuries:

Injury/impairment that occur while engaged in JPATS Operations shall be reported immediately to JPATS management.

In the event of the work-related injury/impairment JPATS Supervisors will coordinate with the USMS Workers Compensation Program Specialist for guidance.

Incapacitations:

Any ASOs incapacitated while under contract due to serious illness, injury, surgery/operation or disease, shall provide medical documentation regarding recovery and ability to resume duties without restrictions. Prior to resumption of such duties, JPATS will direct the ASO to be re-examined in accordance with the Medical Examination. JPATS shall pay for the examination cost.

7. Personnel Security Requirements The Government shall designate the ASO’s “Unescorted” or “Escorted.”

Unescorted ASO’s may be granted access to USMS controlled spaces.

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Escorted ASO’s are required to be in the presence of USMS personnel when in USMS controlled spaces.

The division may provide Escorted ASOs with a standard identification card (USM230A, Contract Guard Credential Card).

ASOs will be escorted while in USMS-controlled space unless they have a current background investigation or a waiver that has been favorably adjudicated by the Tactical Operations Division (TOD). After the division receives a favorable determination through either a completed investigation or waiver, the division may issue a physical access card to the ASO based on their internal policies.

The contractor shall ensure that the person(s) to be utilized under the performance of this contract shall have submitted to the federal Government a completed background investigation request. The intent and purpose of the investigation is to preclude the assignment of any individual who poses a threat or unacceptable risk to the USMS due to past unlawful/ inappropriate behavior or any issues which negatively affect his/her fitness to work for, or on behalf of, the USMS. The contractor shall ensure that each prospective employee furnishes all required data in the form and format determined by the USMS OSP Personnel Security Branch (PSB).

All contractor personnel performing under this contract are designated as moderate risk and shall be subject to a Tier 2 background investigation.

The Government reserves the right to reject any individual proposed to work under this contract if any derogatory information is discovered during or after the background investigation. The Government also reserves the right to reinvestigate any individual working under this contract, as deemed necessary.

After completion of the background investigation, the Government will review the results and determine if the individual is fit to perform work for, or on behalf of, the USMS. The contractor is prohibited from allowing or directing any individual to perform work under this contract prior to the authorization of PSB.

When an individual has been the subject of a prior background investigation conducted by another Federal Agency and meets the standards prescribed by the current position designation and other reciprocity guidance, approval may be granted based on reciprocity.

The contractor shall immediately provide the USMS with the name(s) of any employee who resigns, retires, has been terminated, or is otherwise no longer assigned to work under this contract. In addition, the contractor is required to notify the USMS of all self-reported criminal activities and/or law enforcement actions involving any employees previously cleared to perform service under this contract within 48 hours of preliminary disclosure.

8. Tasks needed to Accomplish the Objectives

The authority and jurisdiction extended to, or provided by, the personal services contract is strictly limited to the period of time the services are directly provided by the ASO to the USMS. No authority to enforce federal laws or to carry a concealed weapon is extended to the ASO unless performing official duties for the USMS. All

ASOs are required to read, understand, and comply with current USMS Policy Directives and Standard Operating

Procedures (SOP) annually or as directed by JPATS Management. USMS Policy Directives and SOP will be addressed during ASO Initial Training and made available upon request of the ASO for reference.

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The ASO shall provide services in accordance with this SOW upon the direction of JPATS Management. Request for these services may be made at any time of the day or night, and the ASO must be capable of providing the services.

ASOs shall participate and successfully complete all JPATS mandated training programs as well as medical certifications.

ASOs are responsible for the secure custody of any federal, state, or local detainee in the custody of JPATS. ASOs must maintain continuous observation of the detainee. In the event of an escape or attempted escape, the ASO must notify the Aviation Enforcement Officer-in-Charge (AEOIC) and/or JPATS Management.

Travel will be performed as required and compensable according to the rules for reimbursement of the Department of Justice and JPATS SOP. ASOs who volunteer to support international missions must have a U.S. Passport and comply with all USMS policies and directives pertaining to international travel. The ASO will be reimbursed for actual hours worked and travel expenses; however, the ASO will not be reimbursed for any costs involved in obtaining the U.S.

Passport. International travel on JPATS missions is strictly voluntary.

JPATS Management will inform ASOs of inmates or detainees with any special handling instructions.

The ASO shall maintain all JPATS personally identifiable information (PII), classified materials and records in accordance with DOJ, USMS Policy Directives and JPATS SOP. Any questions may be directed to JPATS Management and/or the USMS Operational Security (OPSEC) Coordinator.

9. Quality Assurance The JPATS Contracting Officer Representative (COR) shall evaluate the ASO performance using USM-601, District/ Aviation Security Officer Personnel Certification, at a minimum of least once every Fiscal Year.

Reviews will be done on a more frequent basis if performance is found to be substandard. The review will document any significant and relevant problems or areas needing improvement.

Performance reviews that cannot be completed due to a lack of cooperation from the ASO will result in an At-Risk or unacceptable which can result in contract termination.

ASOs must return all USMS-issued equipment/property to include any badging to the COR prior to termination of the contract. Any/all expense(s) incurred in returning the equipment shall be paid by the terminated ASO.

ASO’s shall immediately report the use of illegal narcotics, violations of prescribed rules, regulations and any violations of statute or law to the USMS.

Termination shall be in accordance with (IAW) the terms and conditions shall be the convenience of the Government and in accordance with (IAW) the Federal Acquisition Regulation (FAR).

10. Government Furnished Equipment/Information (GFE/GFI) The Government will provide equipment, supplies, facilities, transportation vehicles, and in some instances firearms and Less Than Lethal (LTL) devices necessary to perform duties as defined in this SOW. The Government shall provide the ASO with applicable documents (e.g., Policies, SOPs, Post Orders), forms, and training materials upon contract award.

ASOs will maintain proper care, custody, and accountability of issued government property pursuant to applicable USMS property management and firearms Policy Directives.

With the exception of firearms, LTL devices, and body armor, accountable USMS property will be issued in accordance with Policy Directive 7.1 Management of Personal Property and will be returned to USMS custody at the end or termination of the ASO contract unless otherwise authorized by the USM/designee or AD, JPATS/designee.

Lost, stolen, or damaged USMS and/or government property or identification will be immediately reported to the COR pursuant to applicable USMS Property Management Policy Directives.

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Firearms ASOs are designated officials of the USMS and if qualified, can be authorized to carry and use firearms (handguns and long-guns) when performing their duties based upon the situation and assessment of the threat level. All USMS issued firearms shall be issued in accordance with USMS Policy and shall be returned to USMS custody at the end of the shift.

Less-Than-Lethal Devices ASOs are designated officials of the USMS and if qualified, can be authorized to carry and use less-than-lethal devices when performing their duties based upon the situation and assessment of the threat level. All USMS issued less-than-lethal devices shall be issued in accordance with USMS Policy and shall be returned to USMS custody at the end of the shift.

Body Armor All USMS issued body armor shall be issued in accordance with USMS Policy and shall be returned to USMS custody at the end of the shift.

Uniforms ASOs shall be issued and wear duty uniforms in accordance with JPATS Standard Operating Procedure (SOP) 1410.6B.

All uniform items that are issued to ASOs are government property for official use only and are not to be sold.

Contractor Furnished Equipment/Information (GFE/GFI)

Contractor shall not furnish any GFE/GFI.

1. Other Pertinent Information/Special Considerations Travel

ASOs may be required to travel to include, but not limited to, overnight stays and offsite missions. Travel is in accordance with the Federal Travel Regulation.

Type of Contract This is a labor hours contract and IAW FAR 12.207, the ceiling price for the labor hours are:

40-hour work week – not to exceed 2080 hours on a yearly basis (exceeding the ceiling is at the ASO’s own risk).

Above 40-hour work week – not to exceed 500 hours on a yearly basis (exceeding the ceiling is at the ASO’s own risk).

The ASO must obtain written pre-approval for any hours worked above a 40-hour work week.

The Service Contract Act (SCA) does not apply to personal service contracts (PSC), and the ASO’s shall not receive benefits required by the SCA.

Under the Department of Labor (DOL), Fair Labor Standards Action (FLSA), there is no payment for time not worked, such as vacations, sick leave, or holidays (Federal or others). The benefits agreed upon are ONLY the 40-hour work week, above 40-hour week pay, and any items identified by this SOW.

Timekeeping and Payment The official timekeeping system is webTA for payment purposes. ONLY official webTA timekeepers will enter ASO hours into webTA. ASO’s shall not enter their own time or have access to webTA.

ASOs will be required to track and maintain their actual hours worked on a JPATS approved form, spreadsheet, and/or web-based scheduling system, as directed by JPATS management and COR.

ASOs will be reimbursed for actual hours worked (from the time the ASO reports for duty until the time the ASO is released from duty). Travel time to for reporting to the duty location is not reimbursed.

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ASOs will be reimbursed at the hourly negotiated rate for this labor hours contract, subject only to withholding of federal and state taxes as required by 26 U.S. Code § 3402(a).

Services provided will be rounded to the nearest quarter hour.

Duty Hours Contracted hours are scheduled on an "on call/as needed" basis. Emergency work authorized on an as needed basis by the COR.

ASO shall not leave the assignment without notifying the Government designee, including for meals or rest breaks.

ASOs will not visit the duty site during non-duty hours unless authorized to do so by the AD, JPATS/designee.

JPATS management will determine if a ASO is able to safely perform duties for the USMS on those occasions when the ASO has also worked a shift or specified hours with a local agency (e.g., working a double shift).

ASOs shall not be scheduled for more than sixteen (16) USMS duty hours per day. If the ASO also worked a shift or specified hours with a local agency (e.g. working a double shift), JPATS shall determine if ASO is safely able to perform the duties outlined in this SOW.

11. Appendix A: Personnel and Property Contractor Compliance Requirement Appendix A - Personnel and Property Contractor Compliance Requirements shall apply to all Contractors and sub-contractors providing services for performance delivery. Sites maintained by the TO Contractor where work is performed for the Government must meet the minimum federal compliance standards. The Government reserves the right to request an inspection of compliance.

Protection of Property Contractor’s Responsibility - If due to the default, negligence (whether of action or omission) and/or dishonesty of the Contractor or its employees, any Government-owned or controlled property is lost or damaged as a result of the Contractor’s performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government at its option, may, in lieu of payment therefore, require the Contractor to replace at its own expense, all property lost or damaged. Protection - The Contractor shall protect materials in his/her custody against the transportation, fire, theft, weather, and other hazards avoidance in the exercise of the “highest degree of care.”

Indemnification Responsibility for Government-owned or -leased Property and Equipment during contract performance, the Contractor shall be responsible for all negligent acts or omissions of its employees or agents or the employees or agents of its subcontractor(s). In this regard, the contractor shall, at no cost to the Government and at the Government's option, replace or compensate the Government for any damage to or loss of Government owned or -leased property caused by such negligent acts or omissions.

Responsibility for Contractor or Third Party-owned or -leased Property and Equipment. The contractor shall indemnify the Government against any and all liability claims for loss or damage to any Contractor owned or leased property occurring as a result of negligence or omissions by employees or agents of the contractor or its subcontractor(s) in connection with the performance of work under the terms of this contract.

Responsibility for Property and Equipment Damaged or Lost through no fault of the Contractor or the Government.

Property damage or loss that occurs through no fault of either the Contractor, their subcontractors or agents or the Government shall be the responsibility of the party holding title to or having leased the property.

Safeguarding Sensitive Data and Information Technology In accordance with FAR 39.105, this section applies to all users of sensitive data and IT resources, including awardees, contractors, subcontractors, lessors, suppliers, and manufacturers.

The following USMS policies must be followed. These policies can be found at http://www.usmarshals.gov/foia/directives/information_technology.pdf DOJ 2421.1E, Use of Government Telecommunications Systems

15M10225QA4700302/0001 Page 11 of 33

DOJ Order 0904, Information Technology Security, Sep 15, 2016

DOJ 2880.1B, Information Resources Management Program

DOJ Order 2740.1A, Use and Monitoring of DOJ Computers and Computer Systems

DOJ Order 2420.2, Telecommunications Policy and Guidelines

USMS Directive 1.1 Delegation of Authority, Organization and Functions

Personal Information on DOJ Web Sites, May 2, 2006

DOJ Web Content Guidelines and Suggested Practices, May 10, 1999

DOJ Information Technology, Security Staff (ITSS) Standards, as amended

DOJ Order 2600.2C, Security Programs and Responsibilities

DOJ Security Program Operating Manual (SPOM)

DOJ Order 2610.2A, Employment Security Regulations

DOJ Security and Privacy Assessment and Authorization Handbook v9 (2018), as amended

Department of Justice Information Technology (IT) Security Rules of Behavior (ROB) for General Users (2018), as amended Department of Justice Information Technology (IT) Security Rules of Behavior (ROB) for Privileged Users (2018), as amended

In addition to the above, a DOJ USMS Non-Disclosure and Confidentiality Agreement (Appendix B) is inclusive of this SOW. As directed by the Government, annual rules of behavior shall be signed, account recertification, asset inventory, and Cyber training shall be required and completed by all contract support staff providing services on this contract.

Confidential Information All information received by the Contractor as a result of performance of this contract is confidential and subject to the Privacy Act. The Contractor and Contractor personnel shall maintain this information in strict confidence and shall not disclose this information, or any information obtained as the result of its performance of this contract, to any person or entity, other than employees or bona fide Contractors of the USMS, without the prior written approval of the USMS.

The Contractor and Contractor personnel shall not disclose this information to any person or entity or otherwise make any improper use of this information during or after the performance period of this contract. The Contractor and Contractor personnel shall maintain this information in strict confidence and shall make no changes to the information except as necessary in the performance of the contract. The Contractor and Contractor personnel and their successors are prohibited forever from using this information for their personal or business gain, personally or for any other reason, directly or indirectly, without prior written approval from GPO. This provision, or a provision with an identical effect, shall also be placed in any subcontracts.

OSHA

The Contractor is solely responsible for compliance with all federal, state and local laws, the Occupational, Safety and Health Act (OSHA) (Public Law 91-596) and the resulting standards, OSHA Standards 29 CFR 1910 and 1926, as applicable, and the protection of their employees. Additionally, the Contractor is responsible for the safety and health of all subcontractor employees.

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Department Policy on Domestic Violence, Sexual Assault, and Stalking It is the Department’s policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at http://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplace-responses-to-domesticviolence-sexualassault-stalking.pdf. Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises.

Point of Contact for victims of Domestic Violence, Sexual Assault, and Stalking. Upon contract award, the Department will notify contractor of the name and contact information for the Point of Contact for Victims of domestic violence, sexual assault, and stalking for the component or components where Contractor will be performing. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contact.

Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012) (In accordance with sections 543 and 544 of Title V, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L. 112-55), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

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

By accepting this award or order, in writing or by performance, the offeror/contractor represents that the offeror/contractor is not a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months; and the offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Liability Includes, but is not limited to: services necessary to the installation systems (from design through start-up), maintain the system (including maintenance agreements), training, and travel.

The prime contractor shall be responsible, accountable and liable for all work performed, including work performed by subcontractors (at all tiers), and for ensuring the work performed is completed in accordance with the statement of work.

The prime contractor and subcontractors shall be licensed and bonded.

The prime contractor shall be responsible for insuring that the scope of work is completed and all warranties are honored.

The prime contractor shall insure compliance with all local laws, regulations, and ordinances.

The Government reserves the right to apply liquidated damages whenever the required delivery date is not met.

Publicity Contractor shall not make publicity releases, including media interviews, in connection with this contract unless prior written approval has been received from the Contracting Officer.

Freedom of Information Act (FOIA) Requests

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With respect to a Freedom of Information Act (FOIA) request for any part of the contractor’s proposal that is either set forth or incorporated by reference in this task order, before responding to the FOIA requests the Government will afford the contractor an opportunity to explain why it believes some or all of the relevant parts of the proposal may be exempt from release under the FOIA.

Contract Personnel Security Requirements The contractor and all subcontractors must maintain the required background investigations and site clearance levels required throughout the life of the contract. The contractor shall comply with all security requirements. Security clearance levels may range from Public Trust to Top Secret (TS) with Sensitive Compartmented Information (SCI) levels.

The Government requires that contract personnel obtain and maintain a DOJ security clearances to perform work where access to data or systems is involved. It is the expectation of the Government that the contractor has performed the requisite background checks to ensure that the individuals submitted by the contractor can be successfully adjudicated by the Department.

Security paperwork for proposed personnel shall be submitted upon award to initiate the clearance process. The following issues will require extended security processing time and shall be avoided by the contractor so that contract personnel onboarding will not be delayed: Past due/unpaid loans (student debt, mortgages, credit cards); unpaid IRS taxes/back taxes; arrests; bankruptcies; fired from a job; reporting drug use; and a previously revoked clearance.

Contractor personnel must present two original forms of identification prior to badge issuance. Acceptable documents are listed in Form I-9, OMB No. 1615-0047, “Employment Eligibility Verification.” At least one document must be a valid State of Federal issued photo identification.

Contractor personnel must appear in person at least once before a USMS official who is responsible for verifying the identification documents. This verification must be completed prior to issuance of a badge.

Contractor personnel must possess a current, favorably adjudicated Background Investigation (BI) commensurate with the designated risk level associated with the duties of each position. The BI requirements for each risk level are outlined below:

National Security Positions: Single Scope Background Investigation (SSBI); 5-year scope

High Risk: Background Investigation (BI); 5-year scope

Moderate Risk: Limited background Investigation (LBI) and/or Minimum Background Investigation (MBI).

Low Risk: National Agency Check with Inquiries (NACI)

The risk associated with this contract is categorized Low Risk; therefore all contractors must possess either a NACI or higher level BI prior to commencing duties at USMS.

Pre-appointment BI waiver requirements for all positions, regardless of sensitivity are:

Favorable review of the security questionnaire

Favorable fingerprint results

Favorable credit report Waiver request memorandum including both the Office of Personnel

Management interview schedule date and position risk level

Favorable review of the National Agency Check portion of the BI

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Badge re-validation will occur once the BI has been completed and favorably adjudicated. If the BI results justify, the badge issued under waiver request will be suspended or revoked.

12. Appendix B: Information Technology Division Non-Disclosure Agreement This Non-Disclosure/Confidentiality Agreement is a standard agreement designed for use its employees and subcontractors assigned to work as ASO for the DOJ, USMS. The use of this agreement is designed to protect non-public information from disclosure and to prevent violations of federal statutes and regulations.

The contract and the employees working on the contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4705, 41 U.S.C. 4712, and FAR

3.908. During your assignment, you agree to:

Use only for Government purposes any and all confidential business, procurement, and/or other sensitive information to which you are given direct or indirect access.

Not to disclose non-public information by any means (in whole or in part, alone or in combination with other information, directly or indirectly or derivatively) to any person except to a Contracting Officer’s Representative (COR), Contracting Officer (CO), or other U.S. Government official with a need to know. All distribution of information will be controlled by the

CO.

The signatory will not disclose any classified information received in the course of such intelligence or intelligence-related activity unless specifically authorized to do so by the United States Government; and

This NDA does not bar disclosures to Congress. Or to an authorized office of an executive agency or the Department of Justice, which are essential to report a substantial violation of law.

Except as necessary in the performance of your work assignment, you will not, without the written approval of the COR, CO or USMS Manager:

Disseminate any oral, written or electronic information which constitutes non-public information covered under this Agreement, and that is obtained as a result of the accomplishment of work performed under the aforementioned contract/ task order; or, Remove any documents or electronic media containing non-public information under this Agreement from the place of your work assignment.

Non-public information, as used herein, includes trade secrets, confidential or proprietary business information as defined under the Freedom of Information Act, 5 U.S.C. 552, procurement and any other proprietary information in any form, whether drawings, designs, schedules, plans, studies, software, prototypes, samples, or formulas, whether by verbal, electronic or written communication.

Not to use no-public information for any non-governmental purpose including but not limited to: the preparation of bids and proposals, or the development or execution of other business or commercial venture.

These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights or liabilities created by existing statues or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into the agreement and are controlling.

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13. Appendix C: Department of Justice (DOJ) Cybersecurity and Privacy Rules of Behavior (ROB) for General Users Version 12 January 1, 2019 Introduction

These Rules of Behavior (ROB) for General Users pertain to the use, security, and acceptable level of risk for Department of Justice (DOJ) systems and applications. Each DOJ user is responsible for helping to ensure the security and privacy of DOJ information systems and data. As a user of the DOJ information systems and data, each user serves as the first line of defense in support of DOJ’s cyber security protections and enforcement of appropriate privacy protections of Personally Identifiable Information (PII).

The intent of this ROB is to acknowledge receipt and understanding by DOJ users of applicable cybersecurity requirements and responsibilities (as detailed in Federal and DOJ policies and procedures). These requirements include, but are not limited to, the Office of Management and Budget (OMB) Circular A-130, OMB M-17-12, OMB M-16-24, the Privacy Act of 1974, DOJ Order 0904 Cybersecurity Program, DOJ Order 0601 Privacy and Civil Liberties, DOJ Order

2740.1 (series), and the DOJ Cybersecurity Standard.

Who is covered by these rules?

These rules apply to all personnel (government employees, interns, and contractors) who have logical access to DOJ information on DOJ information systems or provide information services to DOJ — hereafter referred to as users. All users are required to review and provide signature or electronic verification acknowledging compliance with these rules to their respective Component cybersecurity representative.

When authorized, users may obtain limited exemptions from particular terms of these ROB for specific occurrences when necessary for performance of official duties. These individual exemption requests must document why a particular rule prevents or hinders mission operations. The information system Authorizing Official (AO) has the ability to issue an exemption if the accepted risk(s) and justification are appropriate, substantiated and documented.1

In addition to this ROB, users with escalated privileges on an information system (e.g., administrator) must also agree to and provide signature or electronic verification acknowledging compliance for the Privileged User ROB.

Users will be held responsible for compromising Government information through negligence or willful acts. Users must use caution and follow all statutory and regulatory access, use, maintenance, and disclosure restrictions, as well as adhere to Department and Component level policies regarding the exchange of access-restricted information such as taxpayer, personally identifiable, controlled unclassified, and grand jury information. Failure to comply with the rules and responsibilities listed in this ROB may result in appropriate sanctions, including but not limited to: remedial training; loss of access to information; loss of a security clearance; verbal or written warning; termination of employment; or civil or criminal prosecution.

User Responsibilities - General Comply with all Federal laws and Department and Component policies and requirements, including DOJ Orders, Policy Statements, and Standards. Use DOJ information and information systems for lawful, official use, and authorized purposes only.

Ensure individuals have the proper clearance, authorization, and need-to-know before providing access to any DOJ information.

Read and accept the DOJ security warning banner that appears prior to logging onto the system or mobile device.

Acknowledgment of this ROB also indicates consent to monitoring, recording, and collection of data on all DOJ devices for law enforcement purposes.

Consent to the monitoring and search of any IT equipment brought into, networked to, or removed from DOJ owned, controlled, or leased facilities consistent with employee and contractor consent obtained through logon banners and DOJ policies.

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Screen-lock or log off, and remove the personal identity verification (PIV) card from your computer when leaving the work area.

Always keep your PIV card secure. When not in use for authentication and when away from the work area, keep your PIV card on your person and out of sight.

Do not generate, view, download, store, copy, or transmit offensive or inappropriate information in any DOJ medium, to include email messages, documents, images, videos, and sound files (e.g., graphic violence, pornography, hateful language, etc.), unless authorized for official purposes.

Do not access continuous data streams such as viewing streaming video or listening to streaming audio/radio on a website (e.g., YouTube, Netflix, Spotify) on Department computers and computer systems during working or nonworking hours, unless authorized for official purposes.

Adhere to Separation of Duties principles. Avoid conflict of interest in responsibilities, roles, and functions within a system or application (e.g., duties of the System Administrator and Database Administrator should not be combined).

Do not use anonymizer sites on the internet and bypass the Department security mechanisms designed to protect systems from malicious internet sites unless authorized for official purposes.

Do not use Peer-to-Peer (P2P) technology (e.g., BitTorrent) on the internet unless the Department’s Chief Information Officer (CIO) or designee approves a waiver from the Department policy.

Do not post Department information on cloud-based services unless approved by the Component CIO or designee.

Do not use cloud-based services that have not been approved for use by the Department (e.g., DropBox, iCloud, Google Drive/Docs); use the Department's approved file sharing solutions ( e.g., Justice Enterprise File Sharing)

Do not post Department official business information on public websites or social media unless in accordance with applicable Departmental and Component level policies and explicitly authorized for your official duties (e.g., Public Affairs Office).

Do not post information on social media or public websites which allows unauthorized users to infer or obtain non-public information (e.g., system account information, sensitive personally identifiable information (PII), project status, etc.).

Upload only the user’s picture as a profile picture in Outlook. User’s picture must be in a professional pose from the shoulders up with the U.S. flag or a neutral background.

Protect and safeguard all DOJ information commensurate with the sensitivity and value of the data at risk, including encrypting all sensitive PII (as defined below) before sending to third parties outside of DOJ.

Protect and safeguard all DOJ information and information systems from unauthorized access; unauthorized or inadvertent modification, disclosure, damage, destruction, loss,…