ATT3_NAMA-16-Q-0045_ADDENDUM_06302016.doc

NAMA-16-Q-0045

ATTACHMENT 3

NARA TERMS AND CONDITIONS

(Addenda to FAR 52.212-4, Contract Terms and Conditions)

The following additional terms and conditions are incorporated and are to remain in full force in any resultant contract and associated delivery order(s):

1. GOVERNMENT ORDER ADMINISTRATION

A. This contract will be administered by:

National Archives and Records Administration

Acquisition Services Division, Code BCN

8601 Adelphi Road, Room 3340

College Park, MD 20740-6001

B. Contract Specialist (CS):

Name: Kevin Schumacher

Telephone:314-801-0596

Email: kevin.schumacher@nara.gov

The Contracting Officer (CO), has the overall responsibility for the administration of this task order. Written communication to the CS must make reference to the purchase order number and must be mailed, postage prepaid, to the above address.

C. Contracting Officer (CO):

Any BCN Warranted CO

The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the task order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from task order payments for non-performance or unsatisfactory performance; terminate the task order for convenience or default; and issue final decisions regarding task order questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

(End of Clause)

2. -- DESIGNATION OF CONTRACTING OFICER’S REPRESENTATIVE

Name: TBD

Address: TBD

Telephone: TBD

Email: TBD

A. The individual named above is designated as the Contracting Officer's Representative (COR) to assist the CO in the discharge of the CO's responsibilities. The COR is responsible for monitoring, giving progress reports to the CS, and overall technical surveillance of services to be performed under this task order and should be contacted regarding questions or problems of a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the basic task order between the Contractor and any person other than the CO be effective or binding upon the Government.

B. When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the task order, the Contractor must promptly notify the CO in writing.

C. No action will be taken by the Contractor under such technical instruction unless the CO has issued a contractual change.

D. The responsibilities of the COR include, but are not limited to, the following:

1. Serve as the point‑of‑contact through which the Contractor can relay questions or problems of a technical nature to the CS and the CO;

2. Be responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this task order;

3. Confer with representatives of the Contractor regarding any non-performance or unsatisfactory performance; follow through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the CS/CO;

4. Review and certify invoices in accordance with invoicing instructions of the contract. Maintain a file with copies of these documents;

5. Review and evaluate the Contractor's deliverables;

6. Advise the CS of any performance problems and make recommendations for corrective action to correct performance issues;

7. Furnish the CS with any requests for change, deviation, or waiver (whether generated by Government personnel or Contractor personnel), including all supporting paperwork in connection with such change, deviation, or waiver;

8. Submit a written evaluation to the CS/CO within 60 days of task order completion or annually on the anniversary date for task orders that include options. The evaluation should include:

a. The quality and timeliness of the Contractor’s performance; and

b. A statement as to the uses made of any deliverables furnished by the Contractor.

(End of Clause)

3. DELIVERY

Delivery times will be as established in the delivery orders but shall not be sooner than 30 calendar days after receipt of order. Delivery must be made during regular business hours unless mutually agreed upon by NARA and the Contractor. Delivery must be made as ordered, in the specific quantities, to the specified destinations.

Items will be shipped FOB Destination as shown on Delivery Orders. The Contractor shall be responsible for risk of loss and any damages to items during shipment (see FAR 52.212-4 (j)).

4. INVOICE SUBMISSION REQUIREMENTS (IPP)

A. The Contract Specialist assigned to this contract is:

Name: Kevin Schumacher 1 Archives Drive Saint Louis, MO 63138

Telephone:314-801-0596

Email: kevin.schumacher@nara.gov

B. The Government Point Of Contact (POC) for this requirement is:

Name: TBD 1 Archives Drive Saint Louis, MO 63138 Telephone:

Email:

C. MARK FOR INFORMATION. The vendor must include the following information clearly on the shipping container address label:

Award Number:

Accepting POC:

Code:

Room:

D. The preferred method for invoicing is through the Invoice Processing Platform (IPP) which is a secure web-based electronic invoicing and payment information system. This service is provided by the U.S. Treasury's Bureau of the Fiscal Service free of charge to federal agencies and contractors. IPP allows contractors to view information regarding their contracts and orders, electronically submit invoices and view payment information.

E. The IPP website address is https://www.ipp.gov. Contractors can obtain enrollment assistance by contacting the Fiscal Service Accounts Payable Help Desk via e-mail at AccountsPayable@fiscal.treasury.gov or by phone at 304-480-8000, Option 7.

F. Contractors that are not able to utilize the IPP system for submitting payment requests may submit invoices electronically by e-mail to AccountsPayable@fiscal.treasury.gov. Microsoft Excel, Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats.

G. The contractor's invoice shall include the following information and/or attached documentation:

1. Name of the business concern and invoice date;

2. The complete contract number and/or delivery/task order number preceded by the letters NAMA;

3. Description, price, and quantity of services actually delivered or rendered and segregated by CLIN and/or SUBCLIN number (s);

4. Payment Terms;

5. DUNS number;

6. Taxpayer's Identification Number (TIN);

7. Government Fund Cite; and (8) Government Organization ordering the items

H. Invoices for services shall be submitted monthly unless otherwise stated elsewhere in the contract.

I. All invoices will be paid using information from the System for Award Management (SAM). Therefore, payment will be made to the EFT information that matches the DUNS number for this award.

J. For invoice and payment questions call the Fiscal Service AP Help Desk at 304-480-8000, Option 7.

(End of Clause)

5. FINAL PAYMENT

Before final NARA payment is made, the Contractor must furnish to the CO a written release of all claims against the Government arising by virtue of the contract, other than claims in stated amounts as may be specifically excluded by the Contractor from the operation of the release. If the Contractor’s claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. § 203, 41 U.S.C. § 15), a release may also be requested of the assignee. To ensure that all necessary adjustments for non-performance or unsatisfactory performance have been made and a release of claims has been submitted before the contract is closed out, the final NARA payment will be made in thirty (30) calendar days after receipt of a proper invoice, date of completion of performance, or receipt of release of claims by the CO, whichever is later.

(End of Clause)

6. STANDARDS OF CONDUCT

A. The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. The Contractor is also responsible for ensuring that its employees and those of its subcontractor(s) do not disturb papers on desks, open desk drawers or cabinets, use Government telephones, except as authorized, or otherwise jeopardize the security and the privacy of Government employees, its clientele, and the contents and property of the federal building(s) in which the contract work is performed. Each employee or supervisor of the Contractor is expected to adhere to standards of behavior that reflect credit on themselves, their employer, and the Federal Government.

B. The Contractor shall be responsible for taking such disciplinary action, including suspension without pay or removal from the worksite, with respect to its employees, as may be necessary to enforce those standards.

C. Where applicable, the requirements of this clause shall be expressly incorporated into subcontract(s) and shall be applicable to all subcontractor employees who may perform recurring services or work at the federal building and grounds of this Contract.

D. The Government retains the right to permanently remove any employee of the Contractor from performing duties assigned under this task order at the federal building or grounds should the employee's performance so warrant. The Government will request the Contractor to immediately remove any employee of the Contractor from the federal building/work-site should it be determined by the Contracting Officer that the individual employee of the Contractor is "unsuitable" for security reasons or for otherwise being found to be unfit for performing his assigned duty at a federal building. The following areas (not all inclusive) are considered justification for requesting the Contractor to immediately remove an employee from a federal building/work site:

1. Neglect of assigned duty and refusing to render assistance or cooperate in upholding the integrity of the security programs at the worksite;

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

3. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting; participation in disruptive activities which, interfere with the normal and efficient operations of the Government;

4. Theft, vandalism, immoral conduct, or any other criminal actions;

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

6. Improper use of official authority or credentials, as a supervisor or employee of the Contractor;

7. Violation of Agency anti-discrimination and anti-harassment policies, including but not limited to NARA 396;

8. Violation of Agency and Contractor security procedures and regulations; and

9. Violation of the rules and regulations governing federal public buildings and grounds set forth in 41 CFR Subpart 102-74 Conduct on Federal Property.

E. Following a recommendation from an Agency program official or security officer, the Contracting Officer will make all determinations regarding the removal of any employee of the Contractor from and denial/termination of clearance and access to the federal building worksite for non-performance, misconduct, or failure to abide by all laws and regulations. The Contracting Officer will verbally inform the Contractor about the employee, followed by a written confirmation or determination. Specific reasons for the removal of an employee will be provided to the Contractor in writing. In the event of a dispute, the Contracting Officer will make a final determination.

F. Upon a determination of the Government that an employee of the Contractor be removed from or denied access to a federal building worksite, the employee's clearance and access to the federal building shall be immediately revoked or otherwise terminated. Furthermore, if applicable, the building pass and/or other access device(s) previously given to the employee shall be immediately surrendered, returned, or delivered to the security officer of the federal building.

G. During the course of this task order, the Contractor may come into contact with data files subject to the Privacy Act. If this situation occurs, Privacy Act data must conform to the Privacy Act of 1974, 5 U.S.C. 552a, as amended. The Contractor also may come into contact with confidential documents and confidential information about documents and proposed Federal Agency actions. The Contractor, including Contractor’s personnel, Subcontractors, and consultants must not divulge or release data or information developed or obtained in performance of this task order except to Authorized Government personnel or upon written approval of the Contracting Officer. The Contractor must not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this task order. The limitations above do not apply to data or information that has been made public by the Government.

(End of Clause)

7. PERMITS AND LICENSES (SEP 1998)

In performance of work under this contract, the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

(End of Clause)

8. INSURANCE REQUIREMENTS (SEP 1998)

A. In accordance with the clause of this contract entitled “INSURANCE--WORK ON A GOVERNMENT INSTALLATION” (FAR 52.228-5), the Contractor shall acquire and maintain during the entire performance period of this contract insurance of at least the following kinds and minimum amounts set forth below.

TYPES OF INSURANCE

MINIMUM AMOUNT

Workmen's Compensation and all

$100,000, except as provided occupational disease for in FAR 28.307(a) Employee's Liability Insurance and all

$100,000 per accident occupational disease when not covered by Workmen's Compensation above General Liability Insurance (Comprehensive)

Bodily Injury per occurrence

$500,000 Property Damage per occurrence

$100,000 Vehicle Liability Insurance (Comprehensive) Bodily Injury per person

$200,000 Bodily Injury per accident

$500,000 Property Damage per accident

$100,000 B. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(End of Clause)

9. OVERTIME (SEP 1998)

All overtime cost is included in the contract price. The Contractor is obligated, at no additional compensation, to meet all requirements of this contract. The Contractor shall pay overtime premiums to all employees as required by the terms and conditions of this contract, and all applicable State and Federal laws at no increase in the contract fixed price and no additional expense to the Government.

(End of Clause)

10. REIMBURSEMENT OF TRAVEL COSTS

All travel cost are included in the contract fixed price and will not be paid separately.

11. SIGN IN / SIGN OUT LOG (SEP 1998)

All contract employees, including subcontract employees, must sign in and out at the beginning and end of their shifts or, if a temporary vendor employee, when reporting in and leaving for a service call, on a log established at the Archives facility(ies) for contract administration purposes. The NARA Form 6026 Record of Time of Arrival and Departure from Building shall be used for this purpose unless the COR prefers to use NA Form 3032B, a Daily Time and Attendance Record. The contract employee must sign in when reporting to the building for additional services, overtime, or emergency call-back service and sign out when leaving. The NA Form 6026 shall be marked to indicate whether the purpose of the contract employee visit was for overtime, emergency call back, additional services, or regular duty. Contract supervisors must indicate their position titles next to their signatures. The log shall be the property of the Government.

(End of Clause)

12. COOPERATION WITH OTHER ONSITE NARA CONTRACTORS

A. When the Government undertakes or awards other contracts for additional work at the facilities the Contractor shall: (1) fully cooperate with the other Contractors and Government employees and (2) carefully fit its own work to such other additional contracted work as may be directed by the COR. The Contractor shall not commit or permit any act, which will interfere with the performance of work awarded to another Contractor or with the performance of other Government employees.

B. In any case where, in the course of fulfilling the contract requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor shall restore such disturbed work to a condition satisfactory to the COR and guarantee such restored work to the same extent as it was guaranteed under the other contract.

(End of Clause)

13. CONTRACTOR PERSONAL IDENTITY VERIFICATION (PROCEDUES IDENTIFICATION/BUILDING PASS) A. Photo Identification Badges will be provided to those that meet the below Physical Access Suitability requirements. The Contractor shall make its personnel available for photo identification badges on a schedule to be determined by the Contracting Officer’s Representative (COR). The badges will be made by the Government utilizing supplies, materials and equipment provided by the Government. Each Contractor employee shall sign the appropriate badge at the time of photographing.

B. Contractor personnel designated to receive an ID/Building Pass will be subjected to NACI background investigation and must be approved in accordance with Homeland Security Presidential Directive-12 (HSPD-12) and OMB guidance M-05-24.

C. The Contractor is responsible for ensuring that each of its employees performing work under this contract display their photo-identification badges at all times they are present on-duty in the building. Refusal or repeated neglect to display the photo-identification may result in an unsuitable determination.

D. Upon termination, resignation or other event leading to a contract employee leaving duty under this contract, the Contractor is responsible for returning all Government identification, building passes, keys, and other Government property issued to that employee. Failure on the part of the Contractor may result in the Contractor's liability for all costs associated with correcting the resultant breech in building security.

E. The Contractor shall notify the COR when the employee badges are lost. It shall be the responsibility of the Contractor to pay for replacement badges at the current replacement cost per badge.

F. The requirements of this clause are applicable to and shall be flowed down to all subcontractors who will work at the Archives facility(ies).

(End of Clause)

14. PHYSICAL ACCESS SUITABILITY

A. The Government will have, and will exercise, full and complete control over granting, denying, withholding or terminating suitability determinations for all contract employees granted access to Government facilities. All employees assigned to positions requiring access to NARA facilities under this contract shall be subject to background investigations at the "National Agency Check with Inquiries" (NACI) level. Contractor personnel with access to NARA Desktop Common Productivity Tools shall also be required to comply with this requirement. The Government may, as it deems appropriate, authorize and grant temporary access to employees of the Contractor and its subcontractors. However, the granting of temporary access to any such employee will not be considered as assurance that full suitability determination will follow as a result or condition thereof. The granting of either temporary or full access will in no way prevent, preclude, or bar the withdrawal or termination of any such suitability determination by the Government as deemed necessary to protect facilities.

B. Unless otherwise specified, the Contractor must submit to the COR, as soon as possible, but not later than ten (10) working days before contract performance is required to begin, one (1) completed Form FD 258, Fingerprint Chart; one (1) background investigation form (SF 85, SF-85-P or SF-86, as applicable)((this may be through e-QIP system with prior coordination with the NARA Personnel Security Office); one (1) Form I-9, Employment Eligibility Verification; and one (1) Declaration for Federal Employment, Optional Form 306 (OF 306) for those officers of the firm who may visit the worksite during the period of this contract and for all employees who have access to the buildings in the performance of the contract work. These forms must be submitted for replacement employees (10) days before entrance on duty. The Government will be responsible for processing these forms and adjudicating the results of the investigations. If the Government receives an unsuitable report on any employee after processing these forms, the Contractor will be advised immediately that such employee cannot continue to work, or be assigned to work, under this contract. Contractors, who hire employees investigated and determined suitable during employment with preceding Contractors, are not required to submit another set of these forms, if the employee has been determined suitable within the past three (3) years, unless specifically requested to do so by the COR.

C. During the course of this contract, regardless of where the work is being performed, in a NARA facility or another location authorized by the contract, the Contractor may come into contact with data files subject to the Privacy Act. If this situation occurs, Privacy Act data must conform to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended. The Contractor also may come into contact with sensitive documents and sensitive information about documents and proposed Federal Agency actions. The Contractor, including Contractor’s personnel, Subcontractors, and consultants must not divulge or release data or information developed or obtained in performance of this task except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor must not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this task. The limitations above do not apply to data or information that has been made public by the Government.

D. If Contractor Personnel have a completed NACI from another Federal Agency, verification of the completed NACI must be forwarded to the NARA Personnel Security Officer. This may require obtaining a copy of the completed investigation. If Contractor Personnel possess a National Security Clearance through another Federal Agency, the granting agency must provide verification of the Clearance to the NARA Personnel Security Officer. A National Security Clearance shall suffice in the event the personnel are performing work at NARA that only requires an investigation below that required for a National Security Clearance.

E. The requirements of this clause are applicable to, and must flow down, to all subcontractors who will work at NARA facility(ies).

(End of Clause)

15. SECURITY OF SYSTEMS HANDLING AND PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION (APRIL 2014) A. Applicability This clause applies to all personally identifiable information, as defined in Section B, regardless of the medium in which it is found and includes paper records.

B. Definitions. As used in this clause:

“Breach” means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to personally identifiable information, in usable form whether physical or electronic.

“Personally identifiable information (PII)” means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States. Examples of PII include the following:

(1) Name.

(2) Date of birth.

(3) Mailing address.

(4) Telephone number.

(5) Social Security Number.

(6) Email address.

(7) Zip code.

(8) Account numbers.

(9) Certificate/license numbers.

(10) Vehicle identifiers including license plates.

(11) Uniform resource locators (URLs).

(12) Internet protocol addresses.

(13) Biometric identifiers (e.g., fingerprints).

(14) Photographic facial images.

(15) Any other unique identifying number or characteristic.

(16) Any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive personally identifiable information (sensitive PII)” means a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual.

1. Complete social security numbers, alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered sensitive PII even if they are not coupled with additional PII.

2. Additional examples include any grouping of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

a) Driver’s license number, passport number, or truncated social security number (such as last 4 digits);

b) Date of birth (month, day, and year);

c) Citizenship or immigration status;

d) Financial information such as account numbers or electronic funds transfer information;

e) Medical information; and/or

f) System authentication information such as mother’s maiden name, account passwords or personal identification numbers.

3. Other PII may be “sensitive” depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but it is not sensitive.

C. Data Security

1. The Vendor shall limit access to the data covered by this clause to those employees and subcontractor who require the information in order to perform their official duties under this task order.

2. The, Vendor employees, and subcontractors must physically or electronically secure sensitive PII when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss.

3. When sensitive PII is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed, as specified in the task order, or if not specified in the task order, through means that will make the sensitive PII irretrievable.

4. The Vendor shall only use sensitive PII obtained under this task order for purposes of the task order; it shall not be disclosed, released, disseminated, or published without the prior written consent of the Contracting Officer.

5. If it is established elsewhere in this task order that information to be utilized under this task order, or a portion thereof, is subject to the Privacy Act, The Vendor shall follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

6. At expiration or termination of this task order, the Vendor shall turn over all sensitive PII obtained under the task order that is in its possession.

D. Systems Access.

Work to be performed under this task order may require the handling of PII. The Vendor shall provide the Government access to, and information regarding those systems handling sensitive PII for the Government under the task order, when requested by the Government, as part of the Vendor’s responsibility to ensure compliance with security requirements, and shall otherwise cooperate with the Government in assuring compliance with such requirements. Government access shall include independent testing of controls, system penetration testing by the Government, Federal Information Security Management Act data reviews, and access by agency Inspectors General (IG) for IG reviews.

E. Systems Security

1. In performing its duties related to management, operation, and/or access of systems containing PII under this task order, the Vendor, its employees and subcontractors shall comply with all applicable security requirements and rules of conduct applicable to the agency’s systems as described in:

a) NARA Directive 1608;

b) NARA Notice 2010-045;

c) NARA Penalty Guide (Personnel 300, Appendix 752A - Penalty Guide); and

d) NARA’s Media Protection Methodology

2. In addition, the use of Vendor-Owned laptops or other portable storage devices to process or store sensitive PII is prohibited under this task order until the Vendor provides, and the Contracting Officer, in coordination with the Senior Agency Official for Privacy or the SAOP’s designee, approves the Vendor’s written acknowledgment that the following requirements are met:

a) Laptops and other portable storage devices must employ encryption that is NIST Federal Information Processing Standard (FIPS) 140-2 validated (or its successor), and approved;

b) The Vendor has developed and implemented a process to ensure that security and other applications software are kept current;

c) Mobile computing devices utilize anti-virus software and a host-based firewall mechanism;

d) Removable media, such as hard drives, flash drives, devices with flash memory, CDs and floppy disks containing sensitive PII shall not be removed from a Government facility unless they are encrypted using a NIST FIPS 140-2 or successor approved product;

e) When no longer needed, all removable media, hard drives, and flash memory shall be destroyed in accordance with Government security requirements identified in NARA’s Media Protection Methodology;

f) The Vendor shall maintain an accurate inventory of devices used in the performance of this task order;

g) Vendor employee annual training and rules of conduct/behavior shall be developed by NARA as part of its annual PII training program. This training will be completed within 30 days of task order employees beginning work on a sensitive PII project and thereafter annually. Such completion will be acknowledged by employees in writing and reported to NARA’s Senior Agency Official for Privacy or the SAOP’s designee.

h) All sensitive PII obtained under this task order shall be removed from Vendor-Owned information technology assets upon termination or expiration of Vendor work. Removal must be accomplished in accordance with NARA’s Media Protection Methodology, which the Contracting Officer will provide at the outset of work and later upon request. Certification of data removal will be performed by the Vendor’s Project Manager and written notification confirming acknowledgment will be delivered to the Contracting Officer within 30 days of termination/expiration of Vendor work.

i) Back up of any systems or files containing PII shall be treated in the same manner as the original data containing PII, with the same protections and obligations.

3. The Vendor shall require FIPS 140-2 (or successor) encryption of any sensitive PII when transmitted electronically across the Internet or other public works.

F. Breach Notification to Government

1. The Vendor has been provided with: NARA Directive 1608, and is aware of its roles, responsibilities, and relationship with the Government in case of data breach.

2. In the event of any actual or suspected breach of sensitive PII, the Vendor shall immediately, and in no event later than one hour of discovery, report the breach to the Contracting Officer, the COR, the Senior Agency Official for Privacy (currently NARA’s General Counsel garymstern@nara.gov) and the Chief Information Officer (only for IT requirements) in accordance with NARA Directive 1608.

3. The Vendor is responsible for positively verifying that notification is received and acknowledged by appropriate Government parties identified in subparagraph (2) above.

G. Flowdown of security requirements to subcontractors

1. The Vendor shall incorporate the substance of this clause, its terms and requirements including this paragraph (g), in all subcontracts under this task order, and require written subcontractor acknowledgement of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Vendor.

(End of Clause)

16. NARA KEEP HARD DRIVE (KHD) Clause In accordance with NARA policy, NARA will take title to all electronic storage devices, including but not limited to hard drives that may contain Personally Identifiable Information (PII). NARA will not allow the removal of any electronic storage device that may contain PII data from its facilities by a contractor, including individuals performing maintenance on equipment, devices or systems. This provision applies even in the event the equipment is leased. NARA will handle the destruction of this hardware internally. This provision must flow down to all subcontracts, including those for maintenance.

If the Vendor comes into possession of an electronic storage device that may contain PII, the Vendor will immediately notify the Contracting Officer and return the electronic storage device to NARA. Vendor will protect the confidentiality of the electronic storage device and will not access, disclose, release, disseminate, or publish any of the information on the electronic storage device.

(End of Clause)

17. STOP WORK CANCELLATION (APRIL 2014)

The vendor is required to report to work and resume full Task Order performance within six (6) hours of receiving notifications of the stop work cancellation unless otherwise instructed by the CO and/ or COR.

(End of Clause)