RFQ FOR RELIGIOUS SERVICES MDC LOS ANGELES.pdf

15B60622Q00000004 Page 1 of 55

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

15B60622PR000008

PAGE 1 OF

5. SOLICITATION NUMBER

15B60622Q00000004

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/24/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Julia Porter j2porter@bop.gov

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

07/17/2022 08:00

CODE 15B606

Federal Bureau of Prisons MDC Los Angeles

535 N. ALAMEDA ST

Los Angeles, CA 90012

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B606CODE15. DELIVER TO

Federal Bureau of Prisons MDC Los Angeles

535 N. ALAMEDA ST

Los Angeles, CA 90012

CODE 15B60616. ADMINISTERED BY

Federal Bureau of Prisons MDC Los Angeles

535 N. ALAMEDA ST

Los Angeles, CA 90012

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B606CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons MDC Los Angeles

535 N. ALAMEDA ST

Los Angeles, CA 90012

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Solicitation for contractor, to provide on site Jewish Rabbi Services per Statement of Work to the inmates at MDC Los Angeles.

This is a requirements contract.

See Continuation Sheet(s) Firm Fixed Price

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R 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 (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15B60622Q00000004 Page 3 of 55

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2852.237-71 REQUIREMENTS FOR RELIGIOUS SERVICES (JAN 2005)

2852.242-71 Evaluation of Contractor Performance Utilizing CPARS (APR 2011)

3 Contract Clauses 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) DJAR-PGD-15-03 Security of Department Information and Systems

52.27-103-72A DEPARTMENT OF JUSTICE RESIDENCY REQUIREMENT CERTIFICATION

FORM (JUNE 2004)

DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements FAO-0003 Required Insurance 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) 52.232-1 Payments (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-18 Availability of Funds (Apr 1984) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-11 Extras (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.233-1 Disputes (May 2014) 52.253-1 Computer Generated Forms (Jan 1991) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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

2004) 52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.217-8 Option to Extend Services (Nov 1999) 52.216-18 Ordering (Aug 2020) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

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52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2022) 52.216-19 Order Limitations (Oct 1995)

4 List of Attachments 5 Solicitation Provisions

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) 52.204-3 Taxpayer Identification (Oct 1998) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2021) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-7 System for Award Management (Oct 2018) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999) 52.215-1 Instructions to Offerors-Competitive Acquisition (Nov 2021)

52.237-103-71 REQUIREMENTS FOR RELIGIOUS SERVICES (JAN 2005)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 52.252-5 Authorized Deviations in Provisions (Nov 2020) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.233-2 Service of Protest (Sept 2006) 52.217-5 Evaluation of Options (July 1990)

15B60622Q00000004 Page 5 of 55

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Jewish Rabbi Services for MDC Los Angeles

BASE YEAR

PSC: M1FE

Line Period of Performance: 08/01/2022 - 07/31/2023

104 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Jewish Rabbi Services for MDC Los Angeles Option Year 1

PSC: M1FE

Line Period of Performance: 08/01/2023 - 07/31/2024

104 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Jewish Rabbi Services for MDC Los Angeles Option Year 2

PSC: M1FE

Line Period of Performance: 08/01/2024 - 07/31/2025

104 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Jewish Rabbi Services for MDC Los Angeles Option Year 3

PSC: M1FE

Line Period of Performance: 08/01/2025 - 07/31/2026

104 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Jewish Rabbi Services for MDC Los Angeles Option Year 4

PSC: M1FE

Line Period of Performance: 08/01/2026 - 07/31/2027

104 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Jewish Rabbi Services for MDC Los Angeles 6 (six) months extension, optional, as authorized by the Federal Acquisition Regulations (FAR) 52.217-8, Option to Extend Services.

PSC: M1FE

52 SS $________ $_________________

Aggregate Pricing (Base Year + All Options)

2.1 Schedule Continued

Evaluation Selection Criteria:

The award of this Contract shall be based on the lowest price technically acceptable source selection that meets the Statement of Work (SOW) criteria.

15B60622Q00000004 Page 6 of 55

2.2 Statement of Work

Subject

The Federal Bureau of Prisons, Metropolitan Detention Center Los Angeles, CA, intends to make a single award of a firm fixed price requirements type contract to a responsible entity for the provision of Jewish Rabbi as prescribed in the description of duties listed below at the Metropolitan Detention Center, Los Angeles, CA.

Place of Performance

The services to be provided under the contract shall be accomplished at:

Metropolitan Detention Center Los Angeles 535 North Alameda Street Los Angeles, CA 90012 Services will be performed in the mainly in Religious Services Department or anywhere in the institution as needed.

Period of Contract

This contract will be for a Base Year with four (4) option year periods.

Base Year = effective date - 12 months.

Option Year One = 13 months - 24 months Option Year Two = 25 months - 36 months Option Year Three = 37 months - 48 months Option Year Four = 49 months - 60 months

Schedule

A session is defined as one hour. The contractor will normally provide 2 (1) hour sessions per day, 1 day per week. Work hours will normally be between 6:00 am – 6:00 pm. These hours may be adjusted to meet the needs of the institution. The contractor shall not normally exceed 10 hours per week.

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or other security matters. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will be paid for one session. Normally, any remaining sessions for that day will be suspended and the contractor will be free to leave and the contractor will not be paid for the remaining unperformed sessions. However, if the institution requests that the contractor remain at the institution for eventual performance, the contractor shall be paid for such sessions. In the event of any absence, the contractor may make up his/her time so long as it does not exceed 10 hours in any given week. If the contractor fails to provide coverage, the Government may seek contractual remedy.

Education and Experience

The contractor must possess an ordination certification or like document showing they are a Rabbi, or Jewish spiritual leader in good standing with their faith community.

The contractor must have a minimum of three years of documented, continuous experience as a Jewish spiritual leader with their faith community.

The contractor must possess at a minimum, a Baccalaureate Degree from an accredited college or university.

Additional Requirements

All quoters must complete attached form, "Credentials of Religious Services Contractor". Contractors responding to this solicitation shall submit two personal references and one letter of endorsement from their local religious organization.

Contractors failing to submit any of the required documents will be removed from further consideration for award. Vendors providing unfavorable responses to the Credentials Form may be ineligible for award.

Supplies and Equipment

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All supplies that the contract may routinely need will be supplied by MDC Los Angeles, California. These supplies will normally include any materials and equipment needed to perform the services covered under this contract. All records maintained by the contractor under this contract will remain property of MDC, Los Angeles, California.

Description of Duties

Deliver Jewish Services and teach the Torah for participating inmates of the Jewish faith at the Federal Metropolitan Detention Center Los Angeles. Provide responses to religious inquires pertaining to the Jewish Faith tradition.

The contractor must be familiar, including but not limited to the following:

* Shabbat: Day of Rest

* Rosh Hashanah: The New Year, Shofar-blowing

* Yom Kippur: Day of Atonement

* Shavout

* Hannukah

* Pesach: the Exodus of the Jewish People

* Pesach: Rules of a Seder

* Sukkot

* Purim

* Tisha B’Av: Eicha

* Torah Reading: Trope

* ‘Mitzvot and Aveirot (Good and Bad Deeds)

* Tallit and Tefillin (more generally, ritual garb)

* Symbolism in Judaism

* Kabbalah: Jewish Mysticism

* Prayer in Judaism: Shacharit, Mincha and Maariv

* The Sh’ma (Hear O Israel

* Kashrut

* The Ten Commandments

* The Jewish Family

* The Many Books of Judaism

* Halakha (Jewish Law)

* Bar Mitzvah: the Jewish Concept of Adulthood

* Havdallah: Separating the Sabbath from the Rest of the Week

* Jewish Calendar

Attire

The contractor is expected to wear professional clothing while on duty. The attire worn shall also be appropriate for the correctional environment in which the contract employee will be performing.

Inmate Management

Provision of services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract’s scope of work abide by all rules to ensure their safety and well-being.

Institution Security

The contractor/contract employees shall agree to all regulations prescribed by the institution for the safety, custody, and conduct of inmates. The contract employee will be required to operate a system of records as identified for medical treatment documentation, and will require adherence to the Privacy Act of 1974. The contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all times for proper identification. Before entering an institution, the contractor and/or employees of the contractor shall meet certain security requirements.

By signing the contract document, the contractor agrees to complete the required documents and undergo the listed procedures. The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement and annually thereafter. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to

15B60622Q00000004 Page 8 of 55 constantly be aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at the institution.

The contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action.

The Employee Services Department will establish a security file that will be maintained on each contractor from the beginning of work until the duration.

The following information will be maintained in this file:

1. National Crime Information Center check (NCIC)

2. Declaration for Federal Employment (OF-306)

3. FD-258 (Fingerprint check)

4. Law Enforcement Agency checks

5. Vouchering of Employers

6. Employment Resume

7. Completed Contractor Pre-employment Questionnaire

8. Release of Information

9. Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for Above Low Risk) 10.Credit Check, if applicable 11.Urinalysis Testing, if applicable (for detection of drug use)

Payment Terms

Contractor must provide a means of electronic payment to include bank routing and account number. In order to ensure proper preparation of their bi-weekly payment voucher, all hours worked must be documented by the contractor, showing the hours worked during each visit. Half sessions will not be authorized for payment. If the resulting contract is awarded to an individual (s) of sole proprietorship, the provision of these services has been determined to meet certain criteria of the Internal Revenue Service for creating a common law employee tax liability relationship. In such a situation, the BOP is responsible for payment of FICA taxes (7.65%) and the withholding of the individuals’ taxes. These responsibilities apply only when award of the contact is made to an individual or sole proprietorship. It does not apply when the contract is awarded to a company, regardless of the size of the company. For evaluation purpose, an additional 7.65% will be added to the price submitted by individuals or sole proprietorship.

Quality Standards

The Government reserves the right to inspect and evaluate all services provided during the performance of this contract. The Government may conduct surveillance of any task at any time during the performance of this contract. All surveillance observations will be documented by the Chaplain. When an observation indicates defective performance, the Contracting Officer (CO), with the technical support of the Chaplain may issue a Discrepancy Report to the Contractor.

The contractor shall address any negative comments and propose corrective action to the Contracting Officer (CO) within ten (10) calendar days after receiving the report.

Non-personal Position

The services provided are a contractual arrangement and not a personnel appointment. Payment is based on an end product or the accomplishment of a specific result or service. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance will be closely monitored. Quoters failing to submit any of the required solicitation paperwork/documentation will be removed from further consideration for award.

Restriction on Contract Worker

The Contractor shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, attend meetings, recalls or staff functions.

2852.237-71 REQUIREMENTS FOR RELIGIOUS SERVICES (JAN 2005)

Vendors responding to this solicitation must complete and submit with their quote the attached form, "Credentials of Religious Services Contractor". Vendors should submit two personal references and one letter of endorsement from their local religious organization. After review of these documents by Bureau of Prisons Staff, vendors may be requested to submit additional documents for review or to be interviewed by Bureau of Prisons staff.

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Vendors failing to submit any of the required documents or participate in an interview (when required) will be removed from further consideration for award. Vendors providing unfavorable responses to the Credentials Form, or in the interview, may be ineligible for award.

End of Provision

2852.237-78 Submission/Evaluation of Quotations/Offers by Individuals (Nov 2014)

As prescribed in 37.114-70, insert the following provision:

(a) Individuals, other than corporations, shall submit a fully completed W-4, Employee’s Withholding Allowance Certificate, along with their quotation or offer.

(b) For evaluation purposes, an additional 7.65 percent will be added to the price submitted by individuals.

[End of Provision]

2852.219-71 Notification to Delay Performance (June 2007)

Performance under this purchase order may begin on the third working day following receipt of the purchase order absent a determination of ineligibility by SBA (or earlier if the 8(a) Participant receives notification by the SBA or the contracting officer that it is eligible for an 8(a) award). If a determination of ineligibility is issued within the 2-day period, the purchase order shall be considered cancelled.

[End of Clause]

2852.242-71 Evaluation of Contractor Performance Utilizing CPARS (APR 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (Bureau) 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 Contracting 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 Bureau 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 through the following website address webptsmh@navy.mil when 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]

15B60622Q00000004 Page 10 of 55

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

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): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (Jun

2020)

52.232-1 Payments (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.233-3 Protest after Award (Aug 1996)

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

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

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

1984)

52.232-23 Assignment of Claims (May 2014)

52.232-18 Availability of Funds (Apr 1984)

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

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

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

Developed or Provided by Kaspersky Lab and Other Covered Entities

(Nov 2021)

15B60622Q00000004 Page 11 of 55

Clause Title Fill-ins (if applicable)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

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

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (Aug 2018)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-11 Extras (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021)

52.233-1 Disputes (May 2014)

52.253-1 Computer Generated Forms (Jan 1991)

52.249-4 Termination for Convenience of the Government (Services) (Short

Form) (Apr 1984)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2021)

Clauses By Full Text

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, discovers 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.

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(f) 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)

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 of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(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 of Information Systems and the protection of Government Information. 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 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 PII) 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 (1) 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 of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ 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 Representative (“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.

Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination 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

15B60622Q00000004 Page 13 of 55 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 individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security 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 of 2014 (“FISMA”), Privacy Act of 1974, E- Government Act of 2002, 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 enable 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;

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

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

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate 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 Information Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical 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;

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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 maintenance 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 Chief Information 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 ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) 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 reviews by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Contractor 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 compliance with the following requirements:

1. 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;

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 extract 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 official use, prohibition against unauthorized users and use, and the protection of DOJ 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 Contractor-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 approval 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.

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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 suspects 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 System Security Plan, and any subsequent SARs within 30 days of issuance, and has received an ATO 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 transmitted 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 request. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall include 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 control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any DOJ Information 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 System Security Breach.

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 1 hour of discovery) report any Confirmed Breach to the DOJ CO and the CO's Representative (“COR”). If the Confirmed Breach occurs outside of regular 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 1 hour of discovery of the Confirmed Breach), and shall notify the CO and COR as soon as practicable.

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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 1-866-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 (1) 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 Information 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 Incident 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 informed otherwise by the DOJ CO.

E. All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Security 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 organizations, and undertake any and all response actions DOJ determines are required to ensure the protection of DOJ Information, including 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 incident response, compromise assessment, and federal security control requirements, to conduct a thorough vulnerability and security assessment of all affected…