FBO_RFQP07001700001.pdf

Field Acquisition Office

Re: RFQP07001700001-Unarmed Guard Services Federal Bureau of Prisons

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Grand Prairie, Texas 75051

October 20, 2016

Grand Prairie Office Complex (GPOC)/Armed Forces Reserve Complex, TX

Dear Quoter:

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Unarmed Guard Services for Grand Prairie, Texas. This package contains all the necessary information for submitting a quote for evaluation.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which at paragraph (t) System for Award Management (SAM), requires all contractors doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their offers. The Contracting Officer will verify registration in the SAM database prior to award by entering potential awardee 's DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award .

Inspection of the site will be available to all interested quoters. The site visit will be on Tuesday, October 25, 2016 at 8:00 a.m.

Central Time. All interested parties must contact Charles Harrison, Facilities Manager at charrison@bop.gov by COB on Monday, October 24, 2016 to provide names of the representatives that will be attending the site visit. All participants will meet Mr. Harrison in the parking area outside of the gate at the U.S. Armed Forces Reserve Complex. All participants must present an unexpired valid state or federal issued photo ID.

All quotations must be received on or before the deadline of November 3, 2016, at 2:00 p.m. Central Time. Quotes shall be submitted to the following address:

Federal Bureau of Prisons Field Acquisition Office Attention : Nicole Rumsey, Contract Specialist U.S. Armed Forces Reserve Complex 346 Marine Forces Grand Prairie, Texas 75051

Mailed and hand-carried quotes must be delivered to the Contract Specialist at the address shown above no later than the time specified as the deadline for receipt of quotes. Quoters wishing to hand-carry quotes must provide written notification to the Contracting Officer, no less than 24 hours in advance of arrival, so that arrangements may be made with the base security personnel.

The official point ofreceipt for hand-carried quotes will be the first floor reception area. PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE. E-mailed quotes will be accepted in pdf format only and will be deemed received at the time received as indicated on the e-mail notification. E-mails rejected by filters are not the responsibility of the government. Quotes received after the deadline will be handled in accordance with FAR provision 52.2 12-1 (f).

No faxed quotes will be accepted .

Should you have any questions, please make these inquiries in writing. Questions may be submitted via e-mail to nrumsey@bop.gov.

Sincerely, NICOLE RUMSEY

~slgne:l~NICOUllUMSEY DH;c-lJS,QoOll.S.Go¥'1rM'l«C.~olJuslk it. ou-ltW', UtoHC<J..l ROMSEY, 0.9.Jl.'2. 19200)0Q.100.l.1•1SOG I0028279'9 0.1ir:20 1 &. 1 0.20 1 ~2:09'4S'OO'

Nicole B. Rumsey, Contract Specialist Federal Bureau of Prisons

RFQP07001700001 Page 1 of46

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER 5:-SULTCITAITON NUMBER 6. SOLICITATION ISSUE

DATE NUMBER DATE

RFQP07001700001 10/2052.216-22/2016

7. FOR SOLICITATION INFORMATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL

CALL: TIME

Nicole Rumsey 972-352-4538 11 /03/2016 02:00:00

9. ISSUED BY CODE I BFAO 10. THE ACQUISITION IS D UNRESTRICTED OR [8] SET ASIDE: 100.00 %FOR

Federal Bureau of Prisons 0 SMALL BUSINESS D WOMEN·OWNED SMALL BUSINESS (WOSB)

Field Acquisition Office

ELIGIBLE UNDER THE WOMEN-OWNED

D HUBZONE SMALL SMALL BUSINESS PROGRAM

NAICS 561612

BUSINESS EDWOSB U.S. Armed Forces Reserve Complex D 346 Marine Forces Drive D SERVICE-DISABLED SIZE STANDARD: $20,500,00

VETERAN-OWNED

Grand Prairie, TX 75051 SMALL BUSINESS D 8(A)

11 . DELIVERY FOR FOB 12. DISCOUNT TERMS 13b. RATING

DESTINATION UNLESS BLOCK IS

MARKED

D

13a. THIS CONTRACT IS A

D sEE

RATED ORDER UNDER DPAS

(15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE ~ RFQ D IFB D RFP

CODE BFAO 16. ADMINISTERED BY CODE BFAO

15. DELIVER TO

Federal Bureau of Prisons Federal Bureau of Prisons

Field Acquisition Office Field Acquisition Office

U.S. Armed Forces Reserve Complex U.S. Armed Forces Reserve Complex 346 Marine Forces Drive 346 Marine Forces Drive ,., - .. ...... _ .. ..,1!"'1"\I"' ,., ~ . . "T""-- "' -1 ................ , ...

- CODE ' I FACILITY I ~· i ''4~ 1v, I 17a. CONTRACTOR/ 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE U'-''-'"-

Federal Bureau of Prisons South Central Regional Office 344 Marine Forces Drive Grand Prairie, TX 75051

'---· ·- ·- .. v .

D 17b. C~ECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICE~ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED --- - - - · ·- ,, ••

I 19. 20. 21. 22. 23. 24.

ITFM l\ln (tf' lolcnl II c ni:: (t i '"'"'' ·~ nl"ll\ITITV ' l " llT 1 1 .. llT DDll'C 4 lAnlJNT

Provide Unarmed Guard services for GPOC

See Continuation Sheet(s) I \

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

H 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

H ARE ~ ARE NOT ATTACHED

ARE ARE NOT ATTACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __ COPIES TO D 29. AWARD OF CONTRACT: REF. OFFER ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, ............................ ·~ coi=f'1i=1i=n IS A""EPTFD A" T" IT"M":

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

Nicnle Rum~ev

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA- FAR (48 CFR) 53.212

J

RFQP07001700001 Page 2 of 46

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:---- ---------

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

QOMPLETE QARTIAL QINAL

I PARTIAL I !FINAL

38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMMIDD) I 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

RFQP07001700001

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT

0001 Performance Period 1, Effective Date of Award through 12 months 4,970.000000 SS from Effective Date of Award

0002 Performance Period 2, 13 months through 24 months from Effective 4,970.000000 SS Date of Award

0003 Performance Period 3, 25 months through 36 months from Effective 4,970.000000 SS Date of Award

0004 Performance Period 4, 37 months through 48 months from Effective 4,970.000000 SS Date of Award

0005 Performance Period 5, 49 months through 60 months from Effective 4' 970. 000000 SS Date of Award

0006 Six Month Extension if Needed, 61 months through 66 months from Effective Date of Award

2,485.000000 SS

Total Quote for all the Performance Periods: ________ _

A session equals one hour.

2.1 Schedule Continued

UNIT PRICE

AMOUNT

This is a notice that this solicitation is a total set-aside for "small business concerns". Only quotes submitted by "small business concerns" will be accepted by the Government. Any quote that is submitted by a contractor that is not a "small business concern" will not be considered for award.

Please complete the above infonnation when preparing your quote for the base period and option years. Any resulting award will be a finn-fixed price, indefinite delivery type contract. As such, quantities listed are estimates only and are not a representation to an offeror or contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or nonnal (FAR l 6.503(a)(l)). Quotes will be evaluated for award based upon price and contractor responsibility.

Pursuant to FAR l 7.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203 (d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

NOTE: The award shall be made to the responsive/responsible quoters whose quote, conforming to the solicitation, is detennined to be most advantageous to the Government, considering lowest price and past perfonnance. Rate ofremuneration will be based on a each rate. This price will include all overhead, profit, administrative costs, etc., being charged by the Contractor. This service is covered by the Service Contract Act.

RFQP07001700001 Page 4 of 47

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.21 2-4.

Cl B Rf a uses IV e erence

52.252-2 CLAUSES IN CORPORA TED 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

~lectronically at this/these address( es): www.acquisition.gov

Clause Title

52.203-16 Preventing Personal Conflicts of Interest (Dec 201 1)

52.212-4 !Contract Terms and Cond itions--Commercial Items (May 2015)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011 )

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.223-5 Pollution Prevention and Right-to-Know information (May 2011 )

52.224-1 Privacy Act Notification (Apr 1984)

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

52.232-18 !Availability of Funds (Apr 1984)

52.237-2 Protection of Government Buildings, Equ ipment and Vegetation (Apr 1984)

52.253-1 !Computer Generated Forms (Jan 1991)

RFQP07001700001 Page 5 of 47 Clauses By Full Text

52.217-8 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 ofrevisions 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 Of- ficer may exercise the option by written notice to the Contractor prior to the expiration of the current performance period.

(End of clause)

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

(a) Charles Harrison, GPOC Facilities Manager, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con tractor 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.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. Ifas 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.

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201(FIPS201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

I . 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 2 con tractor employee whose background investigation (Bl) 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 Bl 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, ifrequired;3

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) 4 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 ofOPM's scheduling date, the badge can be issued based on a favorable review of the Se curity 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 is- sued 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 la. and I b. above. The pre-appointment waiver re quirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results ;

c. Favorable credit report, ifrequired;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any

RFQP07001700001 Page 6 of 47 consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, ifa contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve- month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex- ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract- or, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. Ifan intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

11. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips20l/FIPS-201-022505 .pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-1 identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase ofHSPD-12 implementation (PIV-Il) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review ofa credit check is required as part of the pre- appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only" section of the investigative form . This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre- appointment waiver package.

[End of Clause]

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform ation regarding allied countries: http: //www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

( d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, dis-

RFQP07001700001 Page 7 of 47 covers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

( e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

(t) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsrnh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

DJAR-PGD-14-05 Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (November 2013)

a. Department Policy on Domestic Violence, Sexual Assault, and Stalking. It is the Department's policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at ht tp: //www .justice.gov/sites/default/ti 1es/ovw/legacy/2013/ 12/ 19/federal-workplacee-responses-to-domesticviolence sexua1assault -staiking.pdf. Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor's employees and employees of subcontractors who will be assigned to work on Department premises.

b. Point of Contact for Victims of Domestic Violence, Sexual Assault, and Stalking. Upon contract award, the Department will no- tify contractor of the name and contact information for the Point of Contact for Victims of domestic violence, sexual assault, and stalking for the component or components where Contractor will be performing. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contact.

DJAR-PGD-15-03 Security of Department Information and Systems

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers ("CSPs"), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, "Contractor") that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose ofDOJ Information. It establishes and implements specific DOJ requirements applicable to this Con- tract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation ("FAR"), including FAR l l.002(g) and 52.239-1 , the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation oflnformation Systems and the protection of Government lnforma- tion. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts , data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an

RFQP07001700001 Page 8 of 47 electronic format that allows it be stored, retrieved or transmitted, also referred to as "data," and "personally identifiable information" ("PII"), regardless of form.

B. Personally Identifiable Information (or PID means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information(!) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set ofresources organized for accessing, collecting, storing, processing, main- taining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, "processing, storing, or trans- mitting") Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting ofDOJ Information.

III. Confidentiality and Non-disclosure of DOJ Information

A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer ("CO") or the CO's Represent ative ("COR") at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S. Gov-ernment and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termina tion of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor' s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of indi viduals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social secur ity numbers (in whole or in part) .

IV. Compliance with Information Technology Security Policies, Procedures and Requirements

A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of2014 ("FISMA"), Privacy Act of 1974, E Government Act of2002, National Institute of Standards and Technology ("NIST") Special Publications ("SP"), including NIST SP 800-37, 800-53 , and 800-60 Volumes I and II, Federal Information Processing Standards ("FIPS") Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program ("FedRAMP"), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;

3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to en-able reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

RFQP07001700001 Page 9 of 47

7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information Sys-tem backups;

8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and veri fying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication meth ods where required;

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate prepara-tion, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to ap propriate officials and authorities within Contractor's organization and the DOJ;

10. Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;

12. Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media;

limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System media containing DOJ Information before disposal, release or reuse of such media;

13. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Informa tion Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer ("CO"), and protecting the phys ical facilities and support infrastructure for such Information Systems;

14. Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Security standards;

15. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilities and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;

16. Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;

17. Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and

18. Identifying, reporting, and correcting Covered Information System security flaws in a timely manner, providing protection from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate action in response.

B. Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtaining an Authority to Operate ("ATO") for each Covered Information System. The ATO shall be signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under this contract. The DOJ standards and requirements for obtaining an ATO may be found at DOJ Order 2640.2, as amended. (For Cloud Computing Systems, see Section V, below.)

C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, management, or mainten- ance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Chieflnformation Officer, and the DOJ Security Officer.

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ's efforts to en sure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability ofDOJ Information, Contractor shall provide DOJ, including the Office oflnspector General ("OIG") and Federal law enforcement components,(!) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor's facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, system penetration testing, and FISMA data re views by DOJ or agents acting on behalfofDOJ, and such access shall be provided within 72 hours of the request. Additionally, Con tractor shall cooperate with DOJ's efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

E. The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause is prohibited until Contractor provides a letter to the DOJ CO, and obtains the CO's approval, certifying com pliance with the following requirements:

I. Media must be encrypted using a NIST FIPS 140-2 approved product;

2. Contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

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3. Where applicable, media must utilize antivirus software and a host-based firewall mechanism;

4. Contractor must log all computer-readable data extracts from databases holding DOJ Information and verify that each ex-tract including such data has been erased within 90 days of extraction or that its use is still required. All DOJ Information is sensitive information unless specifically designated as non-sensitive by the DOJ ; and,

5. A Rules of Behavior ("ROB") form must be signed by users. These rules must address, at a minimum, authorized and offi-cial use, prohibition against unauthorized users and use, and the protection ofDOJ Information. The form also must notify the user that he or she has no reasonable expectation of privacy regarding any communications transmitted through or data stored on Contract or-owned laptops or other portable digital or electronic media.

F. Contractor-owned removable media containing DOJ Information shall not be removed from DOJ facilities without prior ap-proval of the DOJ CO or COR.

G. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with DOJ security requirements.

H. Contractor must keep an accurate inventory of digital or electronic media used in the performance of DOJ contracts.

I. Contractor must remove all DOJ Information from Contractor media and return all such information to the DOJ within 15 days of the expiration or termination of the contract, unless otherwise extended by the CO, or waived (in part or whole) by the CO, and all such information shall be returned to the DOJ in a format and form acceptable to the DOJ. The removal and return of all DOJ Information must be accomplished in accordance with DOJ IT Security Standard requirements, and an official of the Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the removal and return of all DOJ Information.

J. DOJ, at its discretion, may suspend Contractor' s access to any DOJ Information, or terminate the contract, when DOJ sus pects that Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incident (see Section V.E. below), where the Department determines that either event gives cause for such action. The suspension of access to DOJ Information may last until such time as DOJ, in its sole discretion, determines that the situation giving rise to such action has been corrected or no longer exists . Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to the DOJ, and that upon request by the CO, Contractor must immediately return all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at Contractor's expense.

V. Cloud Computing

A. Cloud Computing means an Information System having the essential characteristics described in NIST SP 800-145 , The NIST Definition of Cloud Computing. For the sake of this provision and clause, Cloud Computing includes Software as a Service, Platform as a Service, and Infrastructure as a Service, and deployment in a Private Cloud, Community Cloud, Public Cloud, or Hybrid Cloud.

B. Contractor may not utilize the Cloud system of any CSP unless:

1. The Cloud system and CSP have been evaluated and approved by a 3PAO certified under FedRAMP and Contractor has provided the most current Security Assessment Report ("SAR") to the DOJ CO for consideration as part of Contractor' s overall Sys tem Security Plan, and any subsequent SARs within 30 days of issuance, and has received an A TO from the Authorizing Official for the DOJ component responsible for maintaining the security confidentiality, integrity, and availability of the DOJ Information under contract; or,

2. If not certified under FedRAMP, the Cloud System and CSP have received an ATO signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under the contract.

C. Contractor must ensure that the CSP allows DOJ to access and retrieve any DOJ Information processed, stored or transmit-ted in a Cloud system under this Contract within a reasonable time of any such request, but in no event less than 48 hours from the re quest. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall in clude any schemas, meta-data, and other associated data artifacts.

VI. Information System Security Breach or Incident

A. Definitions

1. Confirmed Security Breach (hereinafter, "Confirmed Breach") means any confirmed unauthorized exposure, loss of con trol, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any DOJ In formation accessed by, retrievable from, processed by, stored on, or transmitted within, to or from any such system.

2. Potential Security Breach (hereinafter, "Potential Breach") means any suspected, but unconfirmed, Covered Information

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3. Security Incident means any Confirmed or Potential Covered Information System Security Breach.

B. Confirmed Breach. Contractor shall immediately (and in no event later than within I hour of discovery) report any Con-firmed Breach to the DOJ CO and the CO's Representative ("COR"). If the Confirmed Breach occurs outside ofregular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call DOJ-CERT at 1-866-US4-CERT ( 1-866-874-2378) immediately (and in no event later than within I hour of discovery of the Confirmed Breach), and shall notify the CO and COR as soon as practicable.

C. Potential Breach.

1. Contractor shall report any Potential Breach within 72 hours of detection to the DOJ CO and the COR, unless Contractor has

(a) completed its investigation of the Potential Breach in accordance with its own internal policies and procedures for identification, investigation and mitigation of Security Incidents and (b) determined that there has been no Confirmed Breach.

2. If Contractor has not made a determination within 72 hours of detection of the Potential Breach whether an Confirmed Breach has occurred, Contractor shall report the Potential Breach to the DOJ CO and COR within one-hour (i .e., 73 hours from detection of the Potential Breach). If the time by which to report the Potential Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call the DOJ Computer Emergency Readiness Team (DOJ-CERT) at l-866-US4-CERT (1-866-874-2378) within one-hour (i.e., 73 hours from detection of the Potential Breach) and contact the DOJ CO and COR as soon as practicable.

D. Any report submitted in accordance with paragraphs (B) and (C), above, shall identify (I) both the Information Systems and DOJ Information involved or at risk, including the type, amount, and level of sensitivity of the DOJ Information and, if the DOJ In formation contains PII, the estimated number of unique instances of PII , (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the US-CERT Federal In cident Notification Guidelines, including the functional impact, information impact, impact to recoverability, threat vector, mitigation details, and all available incident details; and ( 4) any other information specifically requested by theDOJ. Contractor shall continue to provide written updates to the DOJ CO regarding the status of the Security Incident at least every three (3) calendar days until in formed otherwise by the DOJ CO.

E. All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Secur- ity Incident will be made by DOJ senior officials or the DOJ Core Management Team at DOJ' s discretion.

F. Upon notification of a Security Incident in accordance with this section, Contractor must provide to DOJ full access to any affected or potentially affected facility and/or Information System, including access by the DOJ OIG and Federal law enforcement or ganizations, and undertake any and all response actions DOJ determines are required to ensure the protection ofDOJ Information, in cluding providing all requested images, log files, and event information to facilitate rapid resolution of any Security Incident.

G. DOJ, at its sole discretion, may obtain, and Contractor will permit, the assistance of other federal agencies and/or third party contractors or firms to aid in response activities related to any Security Incident. Additionally, DOJ, at its sole discretion, may require Contractor to retain, at Contractor' s expense, a Third Party Assessing Organization (3PAO), acceptable to DOJ, with expertise in in- cident response, compromise assessment, and federal security control requirements, to conduct a thorough vulnerability and security assessment of all affected Information Systems.

H. Response activities related to any Security Incident undertaken by DOJ, including activities undertaken by Contractor, other federal agencies, and any third-party contractors or firms at the request or direction ofDOJ, may include inspections, investigations, forensic reviews, data analyses and processing, and final determinations of responsibility for the Security Incident and/or liability for any additional response activities. Contractor shall be responsible for all costs and related resource allocations required for all such response activities related to any Security Incident, including the cost of any penetration testing.

VII. Personally Identifiable Information Notification Requirement

Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose Personally Identifiable Information ("PII") was, or is reasonably determined by DOJ to have been, compromised. Any notification shall be coordinated with the DOJ CO and shall not proceed until the DOJ has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by Contractor shall be coordinated with, and subject to the approval of, DOJ. Contractor shall be responsible for taking corrective action consistent with DOJ Data Breach Notification Procedures and as directed by the DOJ CO, including all costs and expenses associated with such corrective action, which may include providing credit monitoring to any individuals whose PII was actually or potentially compromised.

VIII. Pass-through of Security Requirements to Subcontractors and CSPs The requirements set forth in the preceding paragraphs of this clause apply to all subcontractors and CSPs who perform work in connection with this Contract, including any CSP providing services for any other CSP under this Contract, and Contractor shall flow down this clause to all subcontractors and CSPs performing under this contract. Any breach by any subcontractor or CSP of any of the provisions set forth in this clause will be attributed to Contractor.

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52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be…