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BUSINESS MANAGEMENT PAST PERFORMANCE QUESTIONNAIRE

I. CONTRACT IDENTIFICATION

A.

CONTRACTOR

B. CONTRACT NUMBER

C. CONTRACT TYPE

COMPETITIVE

( ) YES ( ) NO

FOLLOW-ON

( ) YES ( ) NO

D. PERIOD OF PERFORMANCE

II.

A.

ESTIMATED

FEE

TOTAL VALUE

COST

FIRM-FIXED PRICE _______________

A. CONTRACT VALUE:

C.

INITIAL CONTRACT COST

D.

CURRENT CONTRACT COST

E.

DESCRIPTION OF SERVICE

PROVIDED

III.

AGENCY IDENTIFICATION

A.

NAME

B.

DESCRIPTION

C.

GEOGRAPHIC DISTRIBUTION

OF SERVICES UNDER THIS

CONTRACT, I.E. LOCAL,

NATIONWIDE, WORLDWIDE _______________

A. LOCATION WHERE WORKSHOPS

AND TECHNICAL ASSISTANCE

SERVICED BY THIS CONTRACT _______________

III.

EVALUATION

LISTNUM AutoList19 \l 1 \s 1

PERFORMANCE HISTORY

1.

To what extent did the contractor adhere to contract delivery schedules?

Considerably surpassed minimum requirements..... ( )4

Exceeded minimum requirements........................... ( )3

Met minimum requirements.................................... ( )2

Less than minimum requirements........................... ( )1

Comment:

2.

To what extent did the contractor submit required reports and documentation in a timely manner?

Considerably surpassed minimum requirements... ( )4

Exceeded minimum requirements.......................... ( )3

Met minimum requirements................................... ( )2

Less than minimum requirements.......................... ( )1

Comment:

LISTNUM AutoList23 \l 1 \s 3 To what extent were the contractor's reports and documentation accurate and complete?

Considerably surpassed minimum requirements..........( )4

Exceeded minimum requirements............................... ( )3

Met minimum requirements.........................................( )2

Less than minimum requirements.................................( )1

Comment:

LISTNUM AutoList3 \l 1 To what extent was the contractor able to solve contract performance problems without extensive guidance from Government counterparts?

Considerably surpassed minimum requirements........... ( )4

Exceeded minimum requirements................................. ( )3

Met minimum requirements...........................................( )2

Less than minimum requirements..................................( )1

Comment:

· To what extent did the contractor display initiative in meeting requirements?

Considerably surpassed minimum requirements..... ( )4

Exceeded minimum requirements..............................( )3

Met minimum requirements.......................................( )2

Less than minimum requirements.............................. ( )1

Comment:

· Did the contractor commit adequate resources in a timely fashion to the contract to meet the requirements and to successfully solve problems?

Considerably surpassed minimum requirements..... ( )4

Exceeded minimum requirements.............................( )3

Met minimum requirements......................................( )2

Less than minimum requirements.............................( )1

Comment:

· To what extent did the contractor submit change orders and other required proposals in a timely manner?

Considerably surpassed minimum requirements..... ( )4

Exceeded minimum requirements..............................( )3

Met minimum requirements.......................................( )2

Less than minimum requirements............................. ( )1

Comment:

· To what extent did the contractor respond positively and promptly to technical directions, contract change orders, etc.?

Considerably surpassed minimum requirements.......( )4

Exceeded minimum requirements.............................( )3

Met minimum requirements......................................( )2

Less than minimum requirements.............................( )1

Comment:

· To what extent was the contractor effective in interfacing with the Government(s staff?

Considerably surpassed minimum requirements... ( )4

Exceeded minimum requirements..........................( )3

Met minimum requirements.................................. ( )2

Less than minimum requirements..........................( )1

Comment:

B. TERMINATION HISTORY

1.

Has this contract been partially or completely terminated for default or convenience?

( ) Yes ( ) Default ( ) Convenience ( ) No

If yes, explain (e.g., inability to meet cost, performance, or delivery schedules).

2.

Are there any pending terminations?

( ) Yes

( ) No

If yes, explain and indicate the status.

C. EXPERIENCE HISTORY

1.

How effective has the contractor been in identifying user requirements?

Considerably surpassed minimum requirements...( )4

Exceeded minimum requirements.........................( )3

Met minimum requirements................................. ( )2

Less than minimum requirements........................ ( )1

Comment:

2.

To what extent did the contractor coordinate, integrate, and provide for effective subcontract management?

Considerably surpassed minimum requirements.. ( )4

Exceeded minimum requirements.......................... ( )3

Met minimum requirements.................................. ( )2

Less than minimum requirements.......................... ( )1

Comment:

3.

To what extend did the contractor coordinate provide timely technical assistance, both on-site and off-site, when responding to problems encountered in the field?

Considerably surpassed minimum requirements... ( )4

Exceeded minimum requirements.......................... ( )3

Met minimum requirements.................................... ( )2

Less than minimum requirements.......................... ( )1

Comment:

D. COST MANAGEMENT

1.

To what extent did the contractor meet the proposed cost estimates?

Considerably surpassed minimum requirements. . ( )4

Exceeded minimum requirements.......................... ( )3

Met minimum requirements.................................. ( )2

Less than minimum requirements......................... ( )1

Comment:

NARRATIVE:

Use this section to explain additional information not included above.

Signature of Person Completing Form

Signature of Contracting Officer

Printed Name of Person Completing Form

Printed Name of Contracting Officer

Date

Date

Contact Phone Number

Contact Phone Number

Contact Email

Contact Email **If the Federal Government COTR is completing the Past Performance Assessment the Contracting Officer (CO) must review and also sign this Past Performance Assessment.

Thank you.

Terms and Conditions

OJP ADDITIONAL TERMS AND CONDITIONS

JULY 2001

ABOVE AND BEYOND

Office of Justice Programs

Terms and Conditions

Over and Beyond

These are over and above terms and conditions that are specific to the Office of Justice Programs (OJP.) These terms and conditions may provide additional OJP specific terms and conditions and may be more restrictive and are intended to provide amplifying terms and conditions specific to OJP.

CONTRACT MANAGEMENT REQUIREMENTS

The following general principles shall be applied in the conduct of activities under this procurement.

1. Regular contact will be held monthly or at other designated frequencies between the

Contractor and the COTR. Distance from D.C. will be considered in establishing the frequency of face‑to‑face meetings.

2.

The technical assistance provided must be responsive to the directions, as represented by the COTR.

3.

The contractor must interact with CCDO personnel to support the goals and objectives of the Office of Justice Programs.

4.

All consultants and employees of the Contractor providing services under the order must have their rates approved by the COTR and the Contracting Officer.

5.

The Contractor shall be responsible for the effective management of all training provided under this procurement. The management plan must specifically address the special requirements and project tasks indicated in this proposal request.

6.

The Contractor shall demonstrate in the management plan procedures and policies to assure fiscal integrity of the contract and maximum cost effectiveness of all contract expenditures.

7.

The contractor must submit all reports and written products resulting from this Order to the COTR for review and comment prior to publication. The contractor must submit to the COTR for approval any reports or written products or services that the contract will develop and publish using contract funds.

8.

The Contractor shall contact the COTR within 10 working days after the award of the order to discuss the overall conduct of the order, the project design, and the proposed work plans. Any revisions required by the COTR must be submitted for approval within 10 working days of this meeting.

[End of Clause]

DELIVERABLES

The deliverable items shall be specified and delivered, pursuant to the order or individual task orders placed hereunder. Deliverable items required hereunder are specified as to the item number, item description, and quantity in the description, and quantity in the Description of Items/Prices located in Section B hereof.

All deliverables shall be submitted to the Contracting Officer's Technical Representative.

[End of Clause]

NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the order 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 order, the Contractor shall immediately notify the Contracting Officer and the COTR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this clause shall not be construed as a waiver by the Government or any delivery schedule or date, or any rights or remedies provided by law or under this order.

[End of Clause]

NOTICE TO PROCEED

Within ten (10) calendar days after the Government makes issues this order, the Government will furnish to the Contractor personnel security application forms. All other forms shall be returned to the Contracting Officer in listed in this document. Upon clearance of contractor personnel and receipt of adequate insurance as required by the clause entitled "Insurance", the Contracting Officer will issue a "Notice to Proceed" to start performance.

[End of Clause]

CONTRACT ADMINISTRATION DATA

CONTRACT COMMUNICATIONS/CORRESPONDENCE

The Contractor shall identify all correspondence, reports, and other data pertinent to this order by imprinting thereon Order # TBA

[End of Clause]

CONTRACTING OFFICER

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer or the Contracting Officer's duly authorized representative can make any changes to the terms, conditions, general provisions, or other stipulations of this contract. Furthermore, such changes may be made only to the extent that they are within the scope of the contract and are within the written scope of the authority delegated to the individual initiating or approving the change.

(a) The Contracting Officer may designate one or more representatives for the purpose of discharging prescribed duties and authorities in the name of the Contracting Officer during the performance of work. The authorities and duties of the representative(s) are delineated in the clause titled "Contracting Officer's Technical Representative (COTR).

(b) The Contractor will not accept any instructions issued by any person other than the Contracting Officer, or the Contracting Officer's representative(s) acting within the limits of his authority. No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the U.S. Government, or otherwise, will be considered grounds for deviation from any stipulation of this contract or referenced scope/statement of work.

[End of Clause]

CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

(a) The performance of work required herein shall be subject to the technical direction of the cognizant Contracting Officer's Technical Representative (COTR) or his designee with respect to technical matters pertaining hereto. As used herein, "Technical Direction" is direction to the Contractor which fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of work. "Technical Direction" must be confined to the general scope of work set forth herein and shall not constitute a new assignment, nor supersede or modify any other Clause of this contract. To be valid, Technical Direction:

(1) Must be issued in writing consistent with the general scope of work set forth in the order;

(2) Shall not change the expressed terms, conditions, or specifications incorporated into this order; and

(3) Shall not constitute a basis for extension to the order delivery schedule or order price.

(b) The COTR is authorized to:

(1) Act as liaison and to coordinate Contractor/Government activities;

(2) Arrange for and coordinate the use of Government resources (personnel, space, documents, etc.);

(3) Provide technical guidance in the performance of the order; and

(4) Receive, review and approve (but not reject or deny) progress reports, selected invoices and final reports or other functions of a technical nature. The authority to reject performance and deny associated invoices is expressly reserved for the Contracting Officer.

(c) The COTR does not have the authority to alter the Contractor's obligations under the order; direct changes that fall within the purview of the clause entitled "Changes" and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work Statement, the Contracting Officer shall issue such changes in writing and signed.

(d) The COTR assigned TBD upon award

(e) A copy of all written communications shall be concurrently mailed or otherwise furnished to the Contracting Officer.

[End of Clause]

CONTRACT ADMINISTRATION

(a) This order will be administered by TBD upon award.

(b) All written communications shall make reference to the task order and shall be mailed to the Contracting Officer at the following address:

Department of Justice Office of Justice Programs

810 7th Street, NW, Room ________ Washington, D.C. 20531

Telephone No.:(202)___________ Fax No.: (202) 307-0086

[End of Clause]

MODIFICATION AUTHORITY

This order may be reevaluated at any time, at the request of either party, to determine whether modifications are necessary. Any modifications must be approved by the Contracting Officer; and the Contractor shall not accept any modifications of the terms, conditions, or order clauses issued by any person other than the Contracting Officer.

[End of Clause]

WITHHOLDING OF PAYMENT

Notwithstanding any other payment provisions of this order, failure of the Contractor to submit required reports when due, or failure to perform or deliver required work, supplies, or services, will result in the withholding of payment under this order unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the clauses entitled "Excusable Delays," "Default," or "Termination for Default or for Convenience of the Government" as applicable. The Government shall promptly notify the Contractor of its intention to withhold payment of any invoice or voucher submitted.

[End of Clause]

SPECIAL DELIVERY ORDER REQUIREMENTS

ADMINISTRATIVELY RESTRICTED INFORMATION

(a) The Contractor shall not publish or otherwise disclose, except to the Government, any information or data obtained hereunder from private individuals, organizations, or public agencies without the written consent of the Contracting Officer.

(b) The Contractor shall include provisions appropriate to effectuate the purpose of this clause in all consultant agreements or subcontracts hereunder with persons or firms who are to perform any part of work under this contract.

[End of Clause]

INSURANCE

(a) The Contractor shall carry and maintain during the entire period of performance under this order adequate insurance as follows:

1.

Workman's Compensation and Employee's Liability Insurance: minimum $100,000 per incident;

2.

Automobile General Liability Insurance: minimum of $200,000 per person, $500,000 per accident, and $20,000 property damage; and

3.

Comprehensive General Liability Insurance: minimum of $500,000 for bodily injury per occurrence.

(b) Prior to commencement of work hereunder, evidence of the required insurance shall be furnished in a form satisfactory to the Contracting Officer. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration, or cancellation of any of the insurance policies required hereunder not less than thirty (30) days before such change, expiration, or cancellation is effective.

[End of Clause]

FACILITY ACCESS

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.

[End of Clause]

KEY PERSONNEL‑LABOR CATEGORIES/HOURS

(a) The key personnel to be assigned to perform hereunder and the minimum level of effort for their respective assignments are as follows:

No. Of Annual

Personnel

Person Hours

TBD

(b) The level of effort specified for each individual listed above may not be decreased without the prior written approval of the Contracting Officer.

(c) "The personnel specified in this clause of this contract are considered to be essential to the work the Contractor agrees to perform hereunder. Prior to diverting any of the specified individuals to other programs, or replacing any of them for any reason, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification, including proposed substitutions or replacements, in sufficient detail to permit the Contracting Officer to evaluate the impact on the work the Contractor is obligated to perform hereunder. The Contractor shall not replace any of the key personnel hereinafter named to work on this order without the written consent of the Contracting Officer. The list of key personnel set forth above may be amended from time to time during the course of the order to add or delete personnel, as appropriate."

[End of Clause]

PROPERTY/EQUIPMENT ACQUISITION AND REPORTS

Prior to the acquisition of any property, equipment or furniture (excluding expendable supplies), the Contractor shall submit a written request to the Contracting Officer for such property, equipment or furniture setting forth the complete nomenclature including brand name, model number, estimated price/cost, quantity, etc. The Contracting Officer will review the request for proper authorization and shall approve or disapprove the request as appropriate. The Contracting Officer may, at his discretion, forward the request to the OJP property office for comments or recommendations. The decision of the Contracting Officer on the acquisition of new property, equipment or furniture shall be final. In the event the Contracting Officer approves any request for the acquisition of property, equipment or furniture, the contractor shall take all necessary precautions to safeguard and protect the material in question. The requirements of "Government Property" clause apply as appropriate to all property, equipment or furniture acquired for use under this order. An itemized report of all Government furnished property/equipment and/or contractor acquired property/equipment using order funds shall be provided to the Contracting Officer sixty (60) days prior to the completion date of this order. Upon submission of the final invoice and completion of the order effort, a final property/equipment report shall be provided the Contracting Officer for proper disposition prior to order close out.

[End of Clause]

INDEMNIFICATION

(a) Responsibility for Government Property

1.

The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage or whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs or service to be performed under the terms of this order, resulting in whole or in part from the negligent acts or omissions of the Contractor, and subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

2.

If due to the fault, negligent acts (whether by commission 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 order the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may require the Contractor to make repairs or, if the property is lost or damaged beyond economical repair, to reimburse the Government in an amount determined by the Contracting Officer.

(b) Hold Harmless and Indemnification Agreement. The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this order, resulting in whole or in part from the negligent acts or omissions to the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

(c) Government's Right of Recovery. Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provided for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of or damage to Government property, and upon the request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

[End of Clause]

DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

(a) If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a order to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the provision entitled "Use and Disclosure of Proposal Information." The Government will, before disclosure, make an administrative determination on a case‑by‑case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the Act. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

(b) Within 30 days of order award, the Contractor shall submit an original and two copies of its expurgated technical, management, and cost proposal, which will be used in response to requests under the Freedom of Information Act.

[End of Clause]

BASIC RIGHTS IN DATA CLAUSE

OWNERSHIP –

The Government is the Owner of any and all documentation produced by the Contractor for this contract. All working documents, patents, and trademarks developed within the contract scope are the sole property of the Government. This includes all working documents, email, or other electronically stored information related to this contract.

BASIC RIGHTS IN DATA CLAUSE – Incorporated by Reference 52.227-14 Rights in Data – General

52.227-14 Alternate II (Dec 2007)

52.227-14 Alternate III (Dec 2007)

52.227-14 Alternate V (Dec 2007)

SECTION 508 COMPLIANCE

All electronic and information technology (EIT) procured through this statement of work and any resulting contract, task order, delivery order, or purchase order, must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.accessboard.gov/sec508/508standards.htm ‑ Part 1194.

The contractor shall indicate for each line item in the schedule whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor's website or other exact location).

(Add project specific information here)

CENTRAL CONTRACTOR REGISTRATION

(Oct 2003)

(a) Definitions. As used in this clause‑

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9‑digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4‑character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4‑character suffix.) This 4‑character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

"Registered in the CCR database" means that‑

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields and has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number‑

(i) If located within the United States, by calling Dun and Bradstreet at 1‑866‑705‑5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change‑of‑name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change‑of‑name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1‑888‑227‑2423, or 269‑961‑5757.

(End of Clause)

ORGANIZATIONAL CONFLICT OF INTEREST

(a) The policy of the OJP is to avoid contracting with Contractors who have unacceptable organizational conflicts of interest (OCI) under FAR Subpart 9.5. An OCI means that because of existing or planned activities, a Contractor is unable or potentially unable to render impartial assistance to the agency, or has an unfair competitive advantage, or the Contractor's objectivity is, or might be, impaired.

The following examples illustrate situations in which an OCI may arise. They are not all inclusive, but are intended to help the CO apply general guidance to individual contract situations:

(1) Unequal access to information. Access to "nonpublic information" as part of the performance of an OJP contract could provide the Contractor a competitive advantage in a later competition for another OJP contract. Such an advantage could easily be perceived as unfair by a competing vendor who is not given similar access to the relevant information.

(2) Biased ground rules. A Contractor in the course of performance of an OJP contract, has in some fashion established important "ground rules" for another OJP contract, where the same Contractor may be a competitor. For example, a Contractor may have developed the requirements or drafted the statement of work, specifications, or evaluation criteria of a future OJP procurement. The primary concern of the OJP in this case is that a Contractor so situated could slant key aspects of a procurement in its own favor, to the unfair disadvantage of competing vendors.

(3) Impaired objectivity. A Contractor in the course of performance of an OJP contract is placed in a situation of providing assessment and evaluation findings over itself, or another business division, or subsidiary of the same corporation, or other entity with which it has a significant financial relationship. The concern in this case is that the Contractor's ability to render impartial advice to the OJP could appear to be undermined by the Contractor's financial or other business relationship to the entity whose work product is being assessed or evaluated.

It is not the intention of the OJP to foreclose a vendor from a competitive acquisition due to a perceived OCI. OJP Contracting Officers (CO) are fully empowered to evaluate each potential OCI scenario based upon the applicable facts and circumstances. The final determination of such action may be negotiated between the impaired vendor and the CO. The OJP is committed to working with potential vendors to eliminate or mitigate actual and perceived OCI situations, without detriment to the integrity of the competitive process, the mission of the OJP, or the legitimate business interests of the vendor community.

(b) Work under this contract may create a future OCI that could prohibit the Contractor from competing for, or being awarded future OJP contracts.

(c) The Contractor shall provide a statement in its proposal which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with an organization regulated by OJP, or with an organization whose interests may be substantially affected by OJP activities, and which is related to the work under this solicitation. The interest(s) described shall include those of the Contractor, its affiliates, proposed consultants, proposed subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the Contractor's technical proposal. Key personnel shall include any person owning more than 20% interest in the Contractor, and the Contractor's corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

(d) The Contractor shall describe in detail why it believes, in light of the interest(s) identified in (c) above, that performance of the proposed contract can be accomplished in an impartial and objective manner.

(e) In the absence of any relevant interest identified in (a) above, the Contractor shall submit in its proposal a statement certifying that to its best knowledge and belief no such fact(s) exist relevant to a possible OCI, as defined by FAR Subpart 9.5. The Contractor must obtain the same information from potential subcontractors prior to award of a subcontract.

(f) The CO will review the statement submitted and may require additional relevant information from the Contractor. All such information, and any other relevant information known to OJP, will be used to determine whether an award to the Contractor may create an OCI. If any such OCI is found to exist, the CO may:

(1) disqualify the Contractor, or

(2) determine that it is otherwise in the best interest of the United States to contract with the Contractor and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

(g) The refusal to provide the disclosure or representation, or any additional information required, may result in disqualification of the Contractor for award. If nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. If after award the Contractor discovers an OCI with respect to the contract awarded as a result of this solicitation, which could not reasonably have been known prior to award, an immediate and full disclosure shall be made in writing to the CO. The disclosure shall include a full description of the OCI, a description of the action the Contractor has taken, or proposes to take, to avoid or mitigate such conflict. The CO may, however, terminate the contract for convenience if he or she deems that termination is in the best interest of the Government.

(h) Mitigation plans. The Contractor will be required to permit a Government audit of internal OCI mitigation procedures for verification purposes. The OJP reserves the right to reject a mitigation plan, if in the opinion of the CO, such a plan is not in the best interests of the OJP. Additionally, after award the OJP will review and audit OCI mitigation plans as needed, in the event of changes in the vendor community due to mergers, consolidations, or any unanticipated circumstances that may create an unacceptable OCI.

(i) This clause shall not exclude the Contractor from performing work under any amendment or modification to this contract or from competing for award for any future contract for work that is the same or similar to work performed under this contract.

(j) The term "Contractor" as used in this clause, includes any person, firm or corporation which has a majority or controlling interest in the Contractor or in any parent corporation thereof, any person, firm, or corporation in or as to which the Contractor (or any parent or subsidiary corporation thereof) has a majority or controlling interest. The term also includes the corporate officers of the Contractor, those of any corporation which has a majority or controlling interest in the Contractor, and those of any corporation in which the Contractor (or any parent or subsidiary corporation thereof) has a majority or controlling interest.

(k) Pursuant to FAR 9.503, OJP may in its sole discretion, waive any provisions of this clause if deemed in the best interest of the Government. The exclusions contained in this clause shall apply for the duration of this contract and for three (3) years after completion and acceptance of all work performed hereunder.

(l) If any provision of this clause excludes the Contractor from competition for, or award of any contract, the Contractor shall not be permitted to serve as a subcontractor, at any tier, on such contract. This clause shall be incorporated into any subcontracts or consultant agreements awarded under this contract unless the CO determines otherwise.

OJP ADDITIONAL TEXT FOR SMALL PURCHASES APRIL 2001

Department of Justice

Office of Justice Programs

DEBT COLLECTION

In accordance with the requirements of the Debt Collection Act of 1996, Public Law 104‑134, it is the intent of the Department of Justice to use your Taxpayer Identification Number for purposes of collection and reporting on any delinquent amounts arising out of your relationship with the Government.

52.225‑1 Buy American Certificate

As prescribed in 25.109(a), insert the following provision:

BUY AMERICAN CERTIFICATE (DEC 1989)

The offeror certifies that each end product, except those listed below, is a domestic end product (as defined in the clause entitled "Buy American Act‑Supplies"), and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States.

EXCLUDED END PRODUCTS

COUNTRY OR ORIGIN

(List as necessary)

Offerors may obtain from the contracting officer lists of articles, materials, and supplies excepted from the Buy American Act.

(End of provision)

Delivery Instructions

All items will be marked as follows: Attn: Loading Dock

Receiving/Mr. Art Keene

810 7th Street, NW

Room B‑300

Washington, DC 20531

Contractor will give 24 hours notice prior to delivery (202) 514‑6229. Loading dock hours are 8:00am ‑ 3:00pm. If a special shipment is involved, expected or planned, arrangements are required to be made in advance.

OJP COMPLIANCE WITH SECTION 508 OF THE MARCH 2001

REHABILITATION ACT OF 1973

Section 508 Compliance

All electronic and information technology (EIT) procured through this statement of work and any resulting contract, task order, delivery order, or purchase order, must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.accessboard.gov/sec508/508standards.htm ‑ Part 1194.

The contractor shall indicate for each line item in the schedule whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor's website or other exact location).

(Add project specific information here)

OJP COMPLIANCE WITH THE AMERICANS WITH MARCH 2001

DISABILITIES ACT OF 1990 (42 U.S.C. SECTION 12101)

Closed captioning requirements of the ADA Act require all productions and public service announcements produced by your company on behalf of OJP must provide equal access to persons with disabilities. The Act stipulates that any television public service announcement that is produced or funded in whole or in part by any agency or instrumentality of the Federal Government shall include closed captioning of the verbal content of the message.

OJP NON-DISCLOSURE OF ADMINISTRATIVELY AUGUST 2004

RESTRICTED INFORMATION

NON‑DISLOSURE OF ADMINISTRATIVELY RESTRICTED INFORMATION (AUGUST 2004)

(a) The Contractor shall not publish or otherwise disclose, except to the Government, any information or data obtained hereunder from private individuals, organizations, government, or public agencies without the written consent of the Contracting Officer.

(b) As a condition of award, Contractor will obtain, complete, and return the following documentation to the Contracting Officer concerning administratively restricted information:

(i) OJP Non‑Disclosure Agreement‑Individual and

(ii) OJP Non‑Disclosure Agreement‑Corporate (c) OJP Non‑Disclosure Agreement‑Corporate will be signed by an authorized official of the corporation who may bind the company in an official capacity.

(d) OJP Non‑Disclosure Agreement‑Individual will be signed by all individuals who will work, either on‑site or off‑site, on the awarded contract.

(e) Failure to comply with the terms and conditions of OJP Non‑Disclosure Agreement‑ Corporate and OJP Non‑Disclosure Agreement‑Individual will be considered as as failure to the comply with the terms and conditions of the contract and may result in the Government 's exercise of available remedies up to and including contract termination.

(f) The Contractor shall include provisions appropriate to effectuate the purpose of this clause in all consultant agreements or subcontracts hereunder with persons or firms who are to perform any part of work under this contract.

(g) Violation of the terms and conditions of the non‑disclosure agreement by the contractor , its employees or subcontractors will be considered as breach of contract and may result in the Government's exercise of available remedies up to and including contract termination.

[End of Clause] 52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

Option to Extend Services (Nov 1999)

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 30days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

(End of clause)

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 OJP

ACCESS TO DOJ INFORMATION TECHNOLOGY (IT) SYSTEMS BY NON-U.S. CITIZENS (EXISTING CONTRACTS) (MARCH 2002)

The Department of Justice (DOJ) will no longer permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment document, the contractor agrees to this restriction with respect to all new employees utilized directly to perform duties on the contract. Non-U.S. citizens currently employed under this contract or commitment may continue performance unless otherwise directed by the Department of Justice. No new, replacement, or additional Non-U.S. citizens may be added to the contract without the express approval of the Department of Justice. [In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.]

[End of Clause]

H.2 OJP

ACCESS TO DOJ INFORMATION TECHNOLOGY (IT) SYSTEMS BY NON-U.S. CITIZENS (NEW CONTRACTS) (MARCH 2002)

The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment document, the contractor agrees to this restriction. [ In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.]

[End of Clause]

H.3 OJP NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS - IMPLEMENTATION OF HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD-12) FOR A COMMON IDENTIFICATION STANDARD FOR FEDERAL EMPLOYEES AND CONTRACTORS (OCT 2005) Compliance with Homeland Security Presidential Directive (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) entitled “Personal Identification Verification (PIV) for Federal Employees and Contractors,” Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a.

Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, “Employment Eligibility Verification, “and at least one document must be a valid State or Federal government-issued picture ID);

b.

Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c.

Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level:

· High Risk – Background Investigation (5 year scope)

· Moderate Risk – Limited Background Investigation (LBI) or Minimum

· Background Investigation (MBI)

· Low Risk – National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a: 1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;

4) Waiver request memorandum, including both the Office of Personnel

Management schedule date and position sensitivity/risk level; and

5) Favorable review of the National Agency Check (NAC) portion of the applicable BI that is determined by position sensitivity/risk level. A badge may be issued following approval of the above waiver requirements. If the NAC is not received within five days of OPM’s scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above.