RFP_Medical Evaluations and Services.pdf

UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF

INVESTIGATION

Medical Evaluations and Services

REQUEST FOR PROPOSAL

RFP NUMBER 15F06725R0000538

Date December 11th, 2025

This is a solicitation for commercial services prepared in accordance with the format in FAR Part 15, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested. Interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this acquisition. No partial proposals will be considered. No partial award will be made. This is not a solicitation for a personal services contract, this is a non-personal services solicitation.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

FAC 2005-95.

Introduction

This solicitation is prepared in accordance with the format in the Federal Acquisition Regulations (FAR) part 15 and 16.5, as supplemented with additional information included in this notice.

The Government is seeking Medical Evaluations and Services.

Competition This is a notice that the contract is competed full and open.

NAICS

The appropriate NAICS code is 621111 Offices of Physicians (except Mental Health Specialists)

Incumbent Contract 15F06720D0001955 / 15F06721F0002017

Contract Type The Government is seeking to establish a Firm Fixed Price Single Award Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The period of performance (PoP) for the contract will be one 12-month base year and four 12-month each option years. Per FAR 52.217-8 a six-month extension may be granted at the end of this contract.

Table of Contents Part I The Schedule

A) Solicitation/Contract Form

B) Services and prices

B.1 General

B.2 Contract Type

B.3 Contract Pricing

B.4 Funding

C) Description/specifications/Statement of Work

C.1 Scope

D) Inspection and acceptance

E) Deliveries and Performance

E.1 This contract incorporates the following clauses by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available

E.2 Period of Performance

E.3 Place of Performance

E.4 Notice to the Government of Delays

E.5 Deliverables

E.6 Monthly Status Reports

E.7 Fit for Duty Services Portal

F) Contract Administration Data

F.1 Contracting Officer and Contracts Specialist

F.2 Contracting Officer’s Representative (COR)

F.3 Invoicing

F.4 Task Order Ordering Procedures

G) Special Contract Requirements

G.1 General Security Requirements

G.2 FBI 52.218-1000 Maintaining Contractor Performance During a Pandemic or Other Emergency

G.3 FBI 52.203-1000 Contractor Code of Business Ethics and Conduct – DOJ Procurement Guidance Document

G.4 Organizational Conflict of Interest (OCI)

Part II Contract Clauses

H) Contract Clauses and Provisions

H.1 The following FAR Clauses are incorporated in full text

H.2 The following FAR clauses are incorporated by reference

Part III List of Documents, Exhibits, and Other Attachments

I) List of Attachments

Part IV Representations and Instructions

J) Instructions, conditions, and notices to offerors or respondents

J.1 Provisions incorporated in Full Text

J.2 Provisions Incorporated by Reference

J.3 General Information

J.4 Proposal Preparation Instructions

J.5 Volume I-Past Performance (Factor 1)

J.6 Volume II – Security (Factor 2)

J.7 Volume III – Technical (Factor 3)

J.8 Volume IV – Management (Factor 4)

J.9 Volume IV – Price (Factor 5)

K) Evaluation factors for award

K.1 Provisions Incorporated by Reference

K.2 Basis for Contract Award

K.3 Evaluation Process

Part I The Schedule A) Solicitation/Contract Form Reference the SF 33

B) Services and prices B.1 General Offeror shall utilize the Excel Pricing Worksheet (Attachment D) for submission of pricing. The Offeror will be required to propose price per exam or service. The pricing shall remain consistent regardless of geographic location.

Period of Performance CLIN CLIN Description Base Year 0001 Medical Evaluations and

Services Option Year 1 1001 Medical Evaluations and

Services Option Year 2 2001 Medical Evaluations and

Services Option Year 3 3001 Medical Evaluations and

Services Option Year 4 4001 Medical Evaluations and

Services

B.2 Contract Type The Government anticipates awarding a Single Award Indefinite Delivery/Indefinite Quantity (IDIQ) type contract.

B.2.1. Contract Minimums and Maximum Amounts

In accordance with FAR 16.504, the Government shall order the minimum under this contract, which is $1,000.00.

B.3 Contract Pricing The pricing tables in the Excel Pricing Worksheet, Attachment D are intended to establish a pricing pool for exams or services that may be ordered. Any requests for the future development of additional exams shall include the completion of price analysis by the Contracting Officer. The offeror shall complete both tabs on the pricing worksheet, to include estimated order totals for the base plus option years, to develop a total value. The frequency or type of tests are subject to change over the life of this contract. All pricing shall be determined reasonable upon adding.

B.4 Funding Funds for the services provided will be obtained incrementally on a yearly basis. The Contractor will only be paid for effort that has been authorized by the Government and performed in accordance with the contract specifications.

C) Description/specifications/Statement of Work The purpose of this IDIQ contract is to acquire professional occupational health services through a nationwide patient physician network (PPN) that owns a series of clinics across the country (in each state, territory, district, etc.) to acquire medical examinations and related services for prospective and current FBI employees in support of the Federal Bureau of Investigation’s (FBI) global mission. Services may be provided in fixed locations or via mobile services. The Contractor shall adhere to both the RFP and Statement of Work.

C.1 Scope See Attachment A Statement of Work.

Color Vision Testing

The Contractor shall utilize just one of the following validated computerized tests for color vision testing: Waggonner CCTV, Rabin or Colour Assessment and Diagnosis (CAD) test. The Contractor shall state in their proposal which exam they shall use and use that same exam at every clinic/every exam. The scoring for these exams shall mimic the Federal Aviation Administration (FAA) Scoring.

FBI Applicants shall take the computer-based color vision test. If the examinee fails, they shall re-test immediately during that same visit. If they fail the second one, they shall repeat with the clinic approximately 7-14 days later. If the examinees fail their third attempt and want to continue pursuing the application process, they will receive communication from the FBI regarding a possible individualized final assessment.

Instructions for color vision testing participants are included in Attachment H.

D) Inspection and acceptance The following FAR clauses are incorporated by reference:

• 52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

E) Deliveries and Performance E.1 This contract incorporates the following clauses by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

• 52.21116 Variation in Quantity (Apr 1984)

• 52.242-15 Stop Work Order (Aug 1989)

• 52.242-17 Government Delay of Work (Apr 1984)

• 52.247-34 F.o.b Destination (Nov 1991)

E.2 Period of Performance The base period of performance for this contract is twelve (12) months from date of award. The contemplated contract will also include four (4) one (1) year option periods and a FAR 52.217-8 six

(6) month option that may be exercised at the sole discretion of the Government. For the option years, the Contracting Officer may exercise the option by written notice to the contractor within 30 days. The Contracting Officer may exercise all the line items, some of the line items, or none of the line items in each option period.

Period Period of Performance

Base Award plus 12 months Option Year 1 End of base plus 12 months Option Year 2 End of OY 1 plus 12 months Option Year 3 End of OY 2 plus 12 months Option Year 4 End of OY 3 plus 12 months -8 Six Month Extension

End of OY 4 plus 6 months

E.3 Place of Performance Services provided in support of this effort shall be performed at vendor facilities, or mobile unit.

E.4 Notice to the Government of Delays In the event the Contractor encounters difficulty in meeting performance requirements, or when the contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government or any delivery schedule or date, or any rights or remedies provided by law or under this contract.

E.5 Deliverables The Contractor shall provide the COR with each monthly invoice a Monthly Status Report (MSR) of the Contractor’s performance in the billing period for which payment is requested, which shall include at a minimum:

• Services performed outside the mileage requirement

• New Provider status updates

• Listing of exams that were unable to be scheduled due to availability

• Applicable disincentives – cumulative disincentives for a single referral shall not exceed the total cost of services for that referral

• Challenges encountered Contractor’s plan(s) to correct causes of disincentives

• Patient Physician Network (PPN) Provider Site Detail

• failing to meet all requirements in the Service/work Order (i.e., Missing Items)

• Failure to include the MSAR with the monthly invoice will result in the rejection of the invoice.

E.5.1 Clinic and provider/staff tracking

The Contractor shall maintain a “living” SharePoint site that keeps a running list of every individual ever performing work on this contract. The site shall be updated at least twice per week. Daily during the first four months of the program. The site shall allow access to FBI staff. A list shall be provided. The site shall allow the FBI staff to export data into excel, pdf, and Power BI. Mandatory fields shall include:

• First name, last name, middle name(s), suffixes. Separate cells for each and if no middle name the cell shall indicate “NMN”

• Name of FBI Office(s) serviced, then it’s Physical Address (Street, City, State, Zip)

• Two points of contact for the office (names, phone, fax, and email)

• Clinic name

• Individual’s function (nurse, admin, physician, etc.)

• Date started on program

• Date LAR paperwork submitted

• Date Approved/denied

• LAR expiration date

• Date fingerprinted

• Date departed the program

• Status (Active, Departed, or Pending)

• Prime Contractor owned Clinic (Yes/No)

• Mobile Clinic (Yes/No)

• Office Hours

• Automated field to reflect the latest date any type of update was made for that individual

• Automated notifications to at least two designated FBI staff of when changes are made to the site to which line/individual

• Entering a new name shall trigger a notification to designated FBI staff that someone new has started and will need to be processed. Other notifications: departures, LAR expiration, etc.

• Other details as needed/upon request

E.6 Monthly Status Reports The Prime Contractor shall provide monthly Task Order (TO) status reports to the Contracting Officer and the Contracting Office Representative (COR). The format will be agreed to by the Contractor and CO/COR before Task Order Performance. The MSR shall include, but is not limited to, the following:

(1) List of Exams given

(2) Current Management and Administrative problems

(3) Action items

(4) Current Financial Information in excel:

a. Contract Year Value

b. Amount funded

c. Actual cost incurred to date by month

d. Estimated remaining/anticipated cost by month

e. Total cost to date

f. Total remaining cost

g. Current funds remaining on PO

h. Amount of estimated over/under runs to the contract year value and also to the PO funding

Note: Format may change depending on the TO requirement.

E.7 Fit for Duty Services Portal If the FBI determines an external contractor system shall be used for the ordering process for exams, the Contractor shall establish a portal that can be used to transmit and store exam requests and results. This site shall be subject to an FBI approved Authority to Operate (ATO). The Contractor shall be subject to IT security and privacy standards listed in Attachment G. The Contractor shall provide event logs, information on the transmission, storage, access to, and disposition of data as requested to the FBI. This shall also include the log in credentials of FBI employees supporting the program and technical management of this program. This includes any ATO or federal agency contacts that are already using this solution with the Contractor’s company.

The Contractor shall use caution and avoid identification of individuals’ affiliation with the FBI. The Contractor shall support paper-based processes while awaiting any FBI approvals.

F) Contract Administration Data F.1 Contracting Officer and Contracts Specialist The functions inherent to this contract shall be performed by the designated Contracting Officer, per FAR Subpart 42.302, Contract Administration Functions. The duly assigned COR shall ensure all actions pertaining to this contract are requested via the Contracting Officer. Further, Contracting Officer functions performed shall be to the extent that they apply to the contract. The CO shall be the only contact prior to contract award.

Contracting Officer Robert Shifflet rtshifflet@fbi.gov

Contracts Specialist Robert E. Bruce rebruce@fbi.gov

Contracting Officer’s Representative To be announced post-award

F.2 Contracting Officer’s Representative (COR) A COR will be designated on the authority of the Contracting Officer to monitor all technical aspects of this contract. The types of actions within the purview of the COR’s authority are set forth below. The COR will be identified at contract award or at the ‘kick off meeting”.

The performance of work required herein shall be subject to the technical direction of the cognizant COR and appointed technical points of contact (TPOC) with respect to technical matters pertaining hereto. As used herein, "Technical Direction" is direction to the Offeror which fills in details, suggests possible lines of inquiry, or otherwise clarifies the scope of the 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 clauses. To be valid, technical direction:

Must be issued in or followed up in writing consistent with the general scope of work set forth. Shall not change the expressed terms, conditions, or specifications incorporated.

Shall not constitute a basis for extension to the contract delivery schedule or contract price. The COR is authorized to:

Act as liaison and to coordinate Offeror/ Government activities.

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

Provide technical guidance in the performance.

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.

The COR does not have the authority to alter the Offeror's obligations, direct changes that fall within the purview of the clause entitled "Changes," and/or modify any of the expressed terms, conditions, specifications, or price. If as a result of technical discussions, it is desirable to alter/modify contractual obligations or the Specifications/Work Statement, the Contracting Officer shall issue such modification(s) in writing with the Contracting Officer's signature.

A copy of all written communications shall be concurrently mailed or otherwise furnished to the Contracting Officer at the address shown in Block No. 8 of the Standard Form 26.

Contracting Officers Representative (COR) Justice Acquisition Regulations 2852.201-70 (JAN 1985)

A designated Contracting Officer’s Representative (COR) will be identified by the CO at award time of the contract.

The COR or a designated Task Manager is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of a future contract; providing direction to the Offeror which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work;

evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The COR does not have the authority to alter the Offeror’s obligations under this contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

F.3 Invoicing The contractor shall provide A separate, itemized invoice that shall be submitted for each service location and shall contain, at minimum, the following:

Invoice unique number Name of Employee (or Applicant) Date of Service Date of Invoice Service location Itemized list of services Unit cost of services Disincentives applied Contractor shall respond to accounting questions and concerns as needed. The Contractor shall ensure that the FBI (including the individual Employee / Applicant) does not receive invoices/ bills directly from the Contractor’s PPN Providers. In the event improper billing is discovered, FBI will inform the Contractor of the error immediately. The Contractor shall resolve the error and provide the COR with written proof that the situation has been resolved. Written proof is specified as a zero -balance statement from the responsible PPN Provider’s billing department absolving FBI, FBI Employee, or Applicant of any responsibility to the COR, a notarized letter stating that the charges are the sole responsibility of the Contractor, or another form of written proof pre - approved by the COR. The Contractor shall resolve improper billing issues and provide written proof of resolution to the COR within five (5) business days of the bill resolution request notification to the Contractor from the COR. Failure to resolve improper billing issues within five (5) business days will result in a disincentive of $10.00 for each business day beyond the five (5) business days.

Invoices shall be submitted monthly, be accurate and error free. Invoice backup details shall itemize each charge. The COR shall work with the Contractor, but backup details shall be provided to the COR in excel format (approved upon award) at the time of submission into the IPP. PDF versions shall be uploaded into IPP with the invoice.

F.4 Task Order Ordering Procedures

• Ordering will be centralized, and the only individual authorized to place orders is the

Contracting Officer.

• All orders issued under this contract are subject to the terms and conditions of this contract. The contract takes precedence in the event of conflict with any order.

• All services under this contract will be ordered by issuance of a written task order in accordance with FAR subpart 16.5, Indefinite Delivery Contracts.

• Task orders will be awarded in accordance with FAR 19.804-6 (c) and FAR 16.505.

• The Contracting Officer reserves the right to withdraw and cancel a Task Order Proposal

Request if necessary.

• Unless otherwise stated in an individual notice of task or delivery order, orders will be awarded based upon two evaluation factors: 1) Technical and 2) estimated cost or price.

Technical factors will receive paramount consideration in the evaluation. When two or more Offerors are determined to be approximately technically equal, cost will become a significant factor in selecting the Task Order Awardee. In any event, the Government reserves the right to make an award to the best advantage of the Government, cost and other factors considered.

F.4.1 FAR Clause Incorporated in Full Text FAR 52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. Deputy Assistant Director of the Finance Division.

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

G) Special Contract Requirements G.1 General Security Requirements In the event the FBI requires the contractor to provide a process utilizing external systems through the contractor, they must be able to comply with the requirements listed in Attachment G.

G.2 FBI 52.218-1000 Maintaining Contractor Performance During a Pandemic or Other Emergency

Continuing Contract Performance During a Pandemic Influenza or other National Emergency

During a Pandemic or other emergency, we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option. Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency. Establish communication processes to notify employees of activation of this plan.

Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

Determine how all employees who may telework will communicate with one another and with management to accomplish work. Practice telework regularly to ensure effectiveness.

Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

Identify how time and attendance will be maintained. It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor’s notification.

The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

G.3 FBI 52.203-1000 Contractor Code of Business Ethics and Conduct – DOJ Procurement Guidance Document

CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

“Full cooperation”—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors’ and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require—

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from—

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions).

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

“United States,” means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct.

(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall—

(i) Have a written code of business ethics and conduct; and

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall—

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed—

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the

United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor’s disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization’s jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor’s standards and procedures and other aspects of the Contractor’s business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual’s respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor’s principals and employees, and as appropriate, the Contractor’s agents and subcontractors.

(2) An internal control system.

(i) The Contractor’s internal control system shall—

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor’s internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor’s code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor’s code of business ethics and conduct and the special requirements of Government contracting, including—

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies’ contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

G.4 Organizational Conflict of Interest (OCI) “Organizational Conflict of Interest” (OCI) means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. “Person” as used herein includes Corporations, Partnerships, Joint Ventures, and other business enterprises.

The Offeror warrants that to the best of its knowledge and belief, and except as otherwise set forth in the contract, the Offeror does not have any OCIs that conflict with this RFP.

The Offeror agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information provided to the Offeror by the Government during or as a result of performance of this contract. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by other persons.

Further, the prohibition against release of Government provided information extends to cover such information whether in its original form, e.g., where the information has been included in Offeror generated work order or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a given period.

The Offeror agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information generated or derived during or as a result of performance of this contract.

The prohibitions contained in above subparagraphs shall apply with equal force to any affiliate of the Offeror, any subcontractor, consultant, or employee of the Offeror, any joint venture involving the Offeror, any entity into or with which it may merge or affiliate, or any successor or assign of the Offeror. The terms of this Special Contract Requirement relating to notification shall apply to any release of information in contravention of this paragraph.

The Offeror further agrees that, during the performance of this contract and for a period of three years after completion of performance of this contract, it will not supply as a prime Offeror, subcontractor at any tier, or consultant to a supplier to the Department of Justice, end product, service, or major component of an item or service, which was the subject of the specifications and/or work statements furnished under this contract. The services are the subject of the work to be performed under and receipt this contract. This exclusion does not apply to any re- competition for those systems, components or services furnished pursuant to this contract. The Offeror shall, within 15 days after the effective date of this contract, provide, in writing, to the Contracting Officer, a representation that all employees, agents, and subcontractors involved in the performance of this contract have been informed of the provisions of this clause. Any subcontractor that performs any work relative to this contract shall be subject to this clause. The Offeror agrees to place in each subcontract affected by these provisions the necessary language contained in this clause.

The Offeror agrees, that, if after award, it discovers an actual or potential OCI, it shall make immediate and full disclosure in writing to the Contracting Officer. The notification shall include a description of the actual or potential OCI, a description of the action which the Offeror has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the Contracting Officer in making a determination on this matter.

Notwithstanding this notification, the Government may terminate the contract for the convenience of the Government if determined to be in the best interest of the Government.

Notwithstanding above, if the Offeror was aware, or should have been aware, of an OCI prior to the award of this contract or becomes, or should become, aware of an OCI after award of this contract and does not make an immediate and full disclosure in writing to the Contracting Officer, the Government may terminate this contract for default.

If the Offeror takes any action prohibited by this requirement or fails to take action required by this requirement, the Government may terminate this contract for default.

The Contracting Officer's decision as to the existence or nonexistence of an actual or potential OCI shall be final.

The Offeror shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Government concerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and to protect the Government's interest.

The Offeror shall include this requirement in subcontracts of any tier which involve access to information or situations/conditions covered by the preceding paragraphs, substituting "subcontractor" for "Offeror" where appropriate.

The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law or elsewhere included in this contract.

Compliance with this requirement is a material requirement of this contract.

Part II Contract Clauses H) Contract Clauses and Provisions H.1 The following FAR Clauses are incorporated in full text

• 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Nov 2021)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

• 52.217-9 Option to Extend the Term of the Contract. (Mar2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months).

(End of clause)

• 52.252-2 Clauses Incorporated by Reference. (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es): acquisition.

gov

H.2 The following FAR clauses are incorporated by reference

• 52.202-1 Definitions. (Jun 2020)

• 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Jun 2020)

• 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)

• 52.203-16 Preventing Personal Conflicts of Interest (Jun 2020)

• 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Jun 2020)

• 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements. (Jan 2017)

• 52.203-3 Gratuities (Apr 1984)

• 52.203-5 Covenant Against Contingent Fees (May 2014)

• 52.203-6 Restrictions on Subcontractor Sales to the Government. (Jun 2020)

• 52.203-6_Alternate I (Nov 2021)

• 52.203-7 Anti-Kickback Procedures. (Jun 2020)

• 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

(May 2014)

• 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Jun

2020)

• 52.204-13 System for Award Management Maintenance. (Oct 2018)

• 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. (Oct

2016)

• 52.204-18 Commercial and Government Entity Code Maintenance. (Aug 2020)

• 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014)

• 52.204-2 Security Requirements. (Mar 2021)

• 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities. (Nov 2021)

• 52.204-27 Prohibition on a ByteDance Covered Application. (Jun 2023)

• 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May

2011)

• 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015)

• 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021)

• 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Oct

2018)

• 52.215-19 Notification of Ownership Changes. (Oct-1997)

• 52.215-23 Limitations on Pass-Through Charges.  (Jun 2020)

• 52.215-23_Alternate I (Oct 2009)

• 52.215-8 Order of Precedence-Uniform Contract Format. (Oct 1997)

• 52.217-8 Option to Extend Services. (Nov 1999)

• 52.219-14 Limitations on Subcontracting. (Oct 2022)

• 52.222-21 Prohibition of Segregated Facilities. (Apr 2015)

• 52.222-26 Equal Opportunity. (Sep 2016)

• 52.222-3 Convict Labor.  (Jun 2003)

• 52.222-35 Equal Opportunity for Veterans. (Jun 2020)

• 52.222-36 Equal Opportunity for Workers with Disabilities. (Jun 2020)

• 52.222-37 Employment Reports on Veterans. (Jun 2020)

• 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec

2010)

• 52.222-41 Service Contract Labor Standards. (Aug 2018)

• 52.222-42 Statement of Equivalent Rates for Federal Hires. (May 2014)

• 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts). (Aug 2018)

• 52.222-50 Combating Trafficking in Persons (Nov 2021)

• 52.222-50_Alternate I (Mar 2015)

• 52.222-54 Employment Eligibility Verification. (May 2022)

• 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Jan

2022)

• 52.222-62 Paid Sick Leave Under Executive Order 13706. (Jan 2022)

• 52.223-10 Waste Reduction Program. (May 2011)

• 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (Jun 2020)

• 52.223-5 Pollution Prevention and Right-to-Know Information. (May 2011)

• 52.224-1 Privacy Act Notification (Apr 1984)

• 52.224-2 Privacy Act. (Apr 1984)

• 52.224-3 Privacy Training. (Jan 2017)

• 52.225-13 Restrictions on Certain Foreign Purchases. (Feb 2021)

• 52.228-5 Insurance-Work on a Government Installation. (Jan 1997)

• 52.229-3 Federal, State, and Local Taxes. (Feb 2013)

• 52.232-1 Payments. (Apr 1984)

• 52.232-11 Extras. (Apr 1984)

• 52.232-16 Progress Payments. (Nov 2021)

• 52.232-17 Interest. (May 2014)

• 52.232-18 Availability of Funds. (Apr 1984)

• 52.232-20 Limitation of Cost. (Apr 1984)

• 52.232-22 Limitation of Funds. (Apr 1984)

• 52.232-23 Assignment of Claims. (May 2014)

• 52.232-23_Alternate I (Apr 1984)

• 52.232-25 Prompt Payment. (Jan 2017)

• 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. (Oct 2018)

• 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013)

• 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Mar 2023)

• 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts. (Nov 2021)

• 52.233-1 Disputes. (May 2014)

• 52.233-1_Alternate I (Dec-1991)

• 52.233-3 Protest after Award. (Aug 1996)

• 52.233-3_Alternate I (Jun 1985)

• 52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004)

• 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

• 52.237-3 Continuity of Services. (Jan 1991)

• 52.242-13 Bankruptcy. (Jul 1995)

• 52.242-3 Penalties for Unallowable Costs.