Amendment_5_Complete.pdf

Section C – STATEMENT OF WORK

1. BACKGROUND

The Bureau of Prisons seeks to obtain certification of compliance with the Prison Rape

Elimination Act (PREA) of 2003 standards for the institutions of the Federal Bureau of Prisons

(BOP).

2. OBJECTIVE

The BOP seeks to obtain certification of compliance with PREA standards for all federal institutions. The BOP and the auditor shall comply with the United States Department of Justice

Final Rule, 28 CFR Part 115, Docket No. OAG-131; RIN 1105-AB34, National Standards to

Prevent, Detect, and Respond to Prison Rape Under the Prison Rape Elimination Act (PREA) of

2003, Prison and Jail Standards (Attachment 1). Every BOP institution must be audited at least once on a three year cycle to demonstrate compliance with PREA standards.

3. PERFORMANCE STANDARDS

An estimated list of facilities in Attachment 2 of the solicitation have been identified for the following:

Base period of PREA Year 2015 - October 1, 2014 – August 19, 2015, Option Year 1: PREA Year 2016 - August 20, 2015 – August 19, 2016, Option Year 2: PREA Year 2017- August 20, 2016 – August 19, 2017, Option Year 3: PREA Year 2018- August 20, 2017 – August 19, 2018, Option Year 4: PREA Year 2019- August 20, 2018 – August 19, 2019.

***** There will be approximately 30-34 PREA Audits each PREA Year. ******

The list is not inclusive and the possibility of additions and any deletions should be considered at all times. In general, complex facilities will be no more than 3-days on-site while Federal

Correctional Institutions (FCI’s) will be no more than 4-days on-site. Federal Prison Camps

(FPC’s), Metropolitan Detention Centers (MDC’s), Metropolitan Correctional Centers (MCC’s) and Federal Detention Center’s (FDC’s) will be 3 days on-site with one auditor. United States

Penitentiaries (USP’s) and Federal Medical Centers (FMC’s) will be 3 days on-site with 2 auditors.

The Government shall provide the Contractor a list of the actual facilities to be audited if it exercises its

4. TASK TO BE PERFORMED

The contractor shall perform the following:

bop00437 Typewritten Text bop00437 Typewritten Text unilateral right to extend the term of the contract. IAW 52.217-9 bop00437 Typewritten Text

A. PREA Audit Cycle. Once every three years a PREA auditor will conduct an on-site visit, conduct interviews and review documentation to determine an institution’s compliance with the PREA standards, in accordance with the above PREA law. These on-site visits must occur simultaneously with the American Correctional Association (ACA) on-site audit for each facility. Also, no more than three on-site visits (3 facility locations) will be scheduled during one week Bureau-wide. The BOP will set the schedule for when the

PREA audits will occur. During an institution PREA audit the auditor will audit all PREA standards. These PREA audits will evaluate the facility performance with respect to the

National Standards to Prevent, Detect, and Respond to Prison Rape Under the Prison Rape

Elimination Act (PREA), 28 C.F.R. Part 115. The auditor shall have the responsibility and authority to independently observe, assess, review, and report on the BOP’s implementation and compliance with the PREA standards. In order to accurately assess compliance at the federal institutions, the auditor shall: conduct an on-site inspection;

observe programs and activities; interview staff; individually interview a sample of inmates; and conduct detailed reviews of documents and reports. The auditor shall be responsible for independently verifying compliance with the PREA standards for the institutions.

B. Receipt of PREA Documents. Due to the need for review of PREA related documents approximately six weeks prior to the site visit, auditors will receive, maintain in a secure manner, and destroy the documents after 3 years, or until the next audit. The Contracting

Officer’s Representative (COR) will send the PREA related documents to the auditor for review via electronic mail prior to the PREA audit. This will be the process of sending

PREA documents/information to the auditor until the PREA Resource Center establishes a secure link to upload the PREA related documents on the automated system. The BOP will not print and/or copy PREA related documents to a compact disk to be shipped/mailed.

C. Communication with Institutions. Auditors will communicate with institutions through the COR to resolve any findings or issues, and schedule interviews. The auditor is not to contact the institution directly without first making arrangements though the COR.

D. Corrective Action Process. Auditors will submit the Preliminary Report within 30-days of the on-site visit. A finding of “Does Not Meet Standard” with one or more standards shall trigger a 180-day corrective action period. If the Preliminary Audit Report indicates that corrective action is required, the auditor and the BOP shall work to promptly and jointly develop a corrective action plan toward achieving compliance with all standards.

The corrective action plan shall contain a timeline for specific minimal remedial measures the BOP shall take to achieve compliance within a 180-day corrective action period. The

BOP shall deliver, and the auditor shall review and comment within 10 calendar days, deliverables provided to the auditor pursuant to the corrective action timeline. The auditor shall issue his or her final report at the conclusion of the 180-day corrective action period, or earlier if compliance has been achieved before the end of the corrective action period.

E. After the 180-day corrective action period ends, the auditor shall issue a final determination as to whether the facility has achieved compliance with those standards requiring corrective action.

F. The Contractor will provide information on the PREA audit program and process, by communicating with the BOP’s Central Office, PREA Audit Manager, for the specific audit.

G. Ensure the academic experience and/or special qualifications of the auditor comply with the requirements of the PREA law. Specifically,

(a) An audit shall be conducted by:

-A member of a correctional monitoring body that is not part of, or under the authority of, the agency (but may be part of, or authorized by, the relevant State or local government);

-A member of an auditing entity such as an inspector general’s or ombudsperson’s office that is external to the agency; or

-Other outside individuals with relevant experience.

(b) All auditors shall be certified by the Department of Justice. The Department of

Justice shall develop and issue procedures regarding the certification process, which shall include training requirements.

(c) No audit may be conducted by an auditor who has received financial compensation from the agency being audited (except for compensation received for conducting prior audits) within the three years prior to the agency’s retention of the auditor.

(d) The agency shall not employ, contract with, or otherwise financially compensate the auditor for three years subsequent to the agency’s retention of the auditor, with the exception of contracting for subsequent audits.

H. Cooperate with the Government, its COR, and staff when seeking guidance pertaining to the application of the PREA audit program. The Contractor shall ensure all facilities are provided any information, manuals, and software required in the implementation of the

PREA audit process.

I. Conform to the requirements of the Freedom of Information Act (5 USC 552) regarding the disclosure of records and information furnished or created in the PREA audit process.

J. Conform to the requirements of the Privacy Act (5 USC 552a) regarding the sampling of inmate or resident records by the Contractor’s PREA Auditor in order to determine compliance with standards. The Contractor’s Auditor will use the information obtained in the record review solely for the purpose of making a determination of the Government’s compliance with standards. The conclusions will be outlined in preliminary and final

PREA Reports, and distributed to the Government. No part of an inmate or resident record will be transferred in a form that is individually identifiable. Further, in accordance with Chapter 294, Subchapter 7-3.b., of the Federal Personnel Manual, signed

Consent for Release of Information Forms obtained by the Government are required from individual staff members before any members of the Contractor’s Visiting Committee may examine, at random, Official Personnel Files to measure compliance in various personnel and training areas. At no time will the Contractor release any information to the media without the express consent of the Bureau of Prisons.

K. Public Statements. Except as required or authorized by the PREA auditing standards;

federal, state, or local law; judicial order; this contract; or as permitted by the BOP, the auditor shall not make any oral or written public statements – including, but not limited to, statements to the press, conference presentations, lectures, or articles – with regard: the status of the BOP’s compliance or noncompliance with PREA standards, or any act or omission of the BOP or its staff.

L. Conflict of Interest. The auditor shall not accept employment or provide consulting services that would present a conflict of interest with his or her responsibilities under this contract, with the PREA auditing standards, or with auditor ethical guidance provided by the PREA Resource Center or Department of Justice, including, but not limited to, being employed or retained by the BOP for purposes other than PREA auditing during the three-year period prior to the audit, or during the three-year period subsequent to the audit.

M. Testimony. Except as required or authorized by the terms of this contract, or by permission of the BOP, the auditor shall not testify in any litigation or proceeding with regard to the status of the BOP’s compliance or noncompliance with the PREA auditing standards; or any act or omission of the BOP or its staff, unless otherwise lawfully compelled to do so. If the auditor is lawfully compelled to provide such information, the auditor shall immediately notify the BOP.

5. PROJECT MANAGEMENT AND CONTROL REQUIREMENTS

The Government agrees to observe the PREA standards and correct any criteria for compliance with PREA as identified by the Contractor and meet its responsibilities to the Contractor with reference to the PREA audit process. The Government shall provide the following:

A. Access by the Contractor, staff and designated representatives at all reasonable times to the physical facilities and records of the Government provided that where an individual staff member’s Official Personnel File is requested, and in accordance with Chapter 294, Subchapter 7-3.b., of the Federal Personnel Manual, a signed consent form is obtained by the Government prior to said Contractor’s access.

B. Appointment of a Contracting Officer’s Technical Representative (COTR) who monitors the progress made in the PREA audit process at each facility with the Contractor.

C. Cooperation by the COTR, PREA Audit Managers, and other BOP staff with the

Contractor, PREA Auditors, staff, and designated representatives in the Contractor’s requests for information and records, to ensure continued compliance with the standards.

D. Completion of the steps in the PREA audit process, according to established time tables as stated in the PREA law.

E. Strive at all times to achieve and/or maintain compliance with the PREA standards.

6. REPORTING REQUIREMENTS AND DELIVERABLES

A. Allow the Contractor, in conformity with provisions of law governing disclosure of

Government records and upon advance notice by the contractor to the COTR, to disclose to the public, conclusions and actions with reference to the participation of the Government in the PREA Compliance program.

B. Share with and, as appropriate, forward to the Contractor any and all announcements, news release, and responses to the public media that the Government may make relative to its contractual relationship to the Contractor and participation in the PREA audit process.

C. Auditors will submit the Preliminary Report within 30-days of the on-site visit. A finding of “Does Not Meet Standard” with one or more standards shall trigger a 180-day corrective action period. If the Preliminary Audit Report indicates that corrective action is required, the auditor and the BOP shall work to promptly and jointly develop a corrective action plan toward achieving compliance with all standards. The corrective action plan shall contain a timeline for specific minimal remedial measures the BOP shall take to achieve compliance within a 180-day corrective action period. The BOP shall deliver, and the auditor shall review and comment within 10 calendar days, deliverables provided to the auditor pursuant to the corrective action timeline. The auditor shall issue his or her final report at the conclusion of the 180-day corrective action period, or earlier if compliance has been achieved before the end of the corrective action period. After the 180-day corrective action period ends, the auditor shall issue a final determination as to whether the facility has achieved compliance with those standards requiring corrective action, by submitting a

Final Report. The final report must be submitted within 30 days of the corrective action period end, and must be signed by the auditor. If an auditor would like to request an extension to submit the final report, they must submit their request in writing to the agency.

7. INSPECTION, TEST, AND ACCEPTANCE CRITERIA

The Contractor may conduct, as appropriate, and the Government may permit and cooperate in:

A. In conjunction with reaccreditation or initial accreditation, facilities will also require a

Prison Rape Elimination Act (PREA) audit. This audit will evaluate the facility’s performance with respect to the National Standards to Prevent, Detect, and Respond to

Prison Rape Under the Prison Rape Elimination Act (PREA), 28 C.F.R. Part 115. The

PREA audit will be conducted at the same time as initial accreditation audits or Intensive

Reaccreditation Process (IRP) audits, but will be a separate evaluation based on compliance with the PREA standards.

B. A standards compliance audit by a PREA Auditor appointed by the Contractor to verify the

Self-Evaluation Certification and determine overall levels of compliance with PREA standards.

C. A PREA standards compliance audit by a qualified auditor (s) appointed by the Contractor, and not employed by the Bureau of Prisons, for the purposes of verifying the required minimum levels of compliance with PREA standards and/or verifying compliance with

PREA standards found in non-compliance at the time of the original audit.

D. Visits by the Contractor and/or its designated representatives from time to time, with

30-days advance notice to the COR and facility CEO, to ensure the institution’s continued compliance with the PREA standards to resolve findings of non-compliance within the

180-day corrective action period.

8. TRAVEL AND TRANSPORTATION

The Contractor is responsible for all travel costs and arrangements.

9. OTHER

The proposed contract does not constitute an employer/employee relationship. This contract is for a service performed at a Bureau facility and the following provisions are included:

1) The service is a contractual arrangement and not a personnel appointment;

2) Payment is based on the provision of an end product or the accomplishment of a specific result; Specifically, 50% of the payment will be made upon receipt of the PREA auditor’s

Preliminary Report, and the final 50% of payment will be made upon receipt of the auditor’s Final Report. An invoice will need to be submitted each time for payment.

3) The service does not constitute an employer/employee relationship;

4) The Contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be closely monitored; and

5) The contractor may be terminated by the BOP for good cause to include, among other things, any violation of the PREA standards, federal, state, or local laws, which reasonably calls into question the auditor’s fitness to continue serving as the auditor.

RFPP0700NAS140224/0005 Page 1 of 29

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

,1. CONTRACT ID CODE I

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. ,5. PROJECT NO. (If applicable)

0005 08/20/2014 6.1SSUED BY CODE BCO 7. ADMINISTERED BY (If other than Item 6) CODE I

Federal Bureau of Prisons Donna Grube (dgrube@bop.gov) Central Office (0) 202-616-6150

320 FIRST STREET NW

WASHINGTON, DC 20534

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

RFPP0700NAS 140224

X 96. DATED (SEE ITEM 11)

08/04/2014

10A. MODIFICATION OF CONTRACT/ORDER NO.

106. DATED (SEE ITEM 13)

CODE I FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

~ The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers (K] is extended, D is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and retuming _ 4_copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ------1 ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor D is not, D is required to sign this document and return __ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment 0005 updates the following:

Extends the closing date to 10:00 a.m. Tuesday, August 26, 2014, adds unit of measures on all line items, Terms and Conditions.

2.1 Continuation ofSF1449,

2.2 Addendum to FAR 52.212-1, Instruction to Offerors

Updates language on the statement of work and estimates.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 1 OA, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

156. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

NSN 7540-01-152-8070

Previous edition unusable

15C. DATE SIGNED

Kristina Sullivan

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

By (Signature of Contracting Officer)

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

Sectign

RFPP0700NAS 140224/0005 Page 2 of29

Table of Contents

Description Page Number

Solicitation/Contract Form Commodity or Services Schedule Contract Clauses

2852.232-79 INSPECTION AND ACCEPTANCE (DEC 1989)

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

2004) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 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-08-04 Security of Systems and Data, Including Personally Identifiable Information 52.21-603-70 Contracting Officer's Representative (COR) (June 20 12) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.219-14 Limitations on Subcontracting (Nov 2011) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jun 2014) 52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(November 2013) 52.216-21 Requirements (Oct 1995)

List of Attachments Solicitation Provisions

52.209-7 Information Regarding Responsibility Matters (Jul 20 13) 52.212-3 Offeror Representations and Certifications- Commercial Items (May 2014)

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

52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

RFPP0700NAS140224/0005

Section 2 - Commodity or Services Schedule

To provide Prison Rape Elimination (PREA) audit services for various Bureau of Prisons facitlities.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT

Base Year: October 1, 2014 throu~ Au~ust 19, 2015 Previous: EA Provide approximately 30 PREA A DIT at various Bureau of Prisons Institutions and Complexes. SEE ATTACHMENT FOR A

30.000000 DETAILED ESTIMATE

Change: 0.000000

Current:

30.000000

Option Year 1: August 20, 2015 throu~ August 19, 2016 Previous: EA Provide approximately 30 PREA AUD Sat various Bureau of Prisons Institutions and Complexes. SEE ATTACHMENT FOR A

30.000000 DETAILED ESTIMATE

Change: 0.000000

Current:

30.000000

Option Year 2: October 1, 2016 throuRh Aupust 19, 2017 Previous: EA Provide approximately 34 PREA AUD TS a various Bureau of Prisons Institutions and Complexes. SEE ATTACHMENT FOR A

34.000000 DETAILED ESTIMATE

Change: 0.000000

Current:

34.000000

Option Year 3: August 20, 2017 throu~ August 19, 2018 Previous: EA Provide approximately 34 PREA AUD Sat various Bureau of Prisons Institutions and Complexes. SEE ATTACHMENT FOR A

34.000000 DETAILED ESTIMATE

Change: 0.000000

Current:

34.000000

Option Year 4: August 20, 2018 throu~h August 19, 2019 Previous:

Provide approximately 30 PREA AUD TS at various Bureau of Prisons Institutions and Complexes. SEE ATTACHMENT FOR A

30.000000 DETAILED ESTIMATE

Change: 0.000000

Current:

30.000000

Section 3 - Contract Clauses

UNIT PRICE

AMOUNT

RFPP0700NAS140224/0005 Page 4 of 29 or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) ing Accelerated Payments to Small Business Subcontractors (Dec 2013)

:nn·tr<=>r•rnr Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

Clauses By Full Text

2852.232-79 INSPECTION AND ACCEPTANCE (DEC 1989)

(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed at destination by the COTR or his designated representative, in accordance with the inspection clauses, and any other provisions specified in this contract with ad vanced notice. The Government reserves the right to conduct any tests it deems reasonably necessary to assure that the supplies or ser vices provided conform in all respects to the contract specifications.

Supplies or services which upon inspection are found not to be in conformance with contractual specifications shall be promptly rejec ted and notice of such rejection, together with appropriate instructions, will be provided to the Contractor by the Contracting Officer.

(b) The Government will use its best efforts to inspect any accept/reject the services provided within thirty (30) calendar days after the date designated in each individual delivery order. Failure of the Government to so inspect the supplies or services within the above stated time shall not be construed as acceptance of such supplies or services.

2. Invoice Requirements

(a) Invoices shall be prepared and an original submitted to the name and address indicated in Block 21 of this OF-347 unless otherwise specified herein. 'To constitute a proper invoice, each invoice shall be annotated with the following information:

1. N arne and address of the Contractor

RFPP0700NAS140224/0005 Page 5 of29

2. Contractor Tax Payer Identification Number (TIN)

3. Invoice date.

4. Purchase order number for supplies delivered or services performed.

5. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

6. Shipping and payment terms.

7. Name and address of Contractor official to whom payment is to be sent.

8. Name (where practicable), title, phone number, and mailing address of person to be notified, in event of a defective invoice.

9. Any other information or documentation required by the purchase order.

(b) To assist the Government in making timely payments, the Contractor is required to furnish on the invoice, the period over which services were provided.

3. Interest on Overdue Payments

(a) The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 USC 180 I) is applicable to payments under this purchase order and requires" the payment to Contractors on overdue payments and improperly taken discounts.

(b) Determination of interest due will be made in accordance with the provisions of the Prompt Payment Act and the Office of Man agement and Budget Circular A-125.

NOTE:

Pursuant to the Act, the Contractor may be entitled to an interest payment on an invoice that is not timely paid, normally within 30 days of receipt of invoice or federal acceptance whichever is later. Payment of interest is only permitted with: (a) there is a contract with a business concern, i.e., any person or nonprofit entity engaged in a profession, trade or business; (b) federal acceptance has oc curred; (c) a proper invoice, i.e., one which contains that information required by the invoice requirements clause, has been received and there are no disputes over quality or quantity; and (d) payment is made to the business concern after more than 30 days after re ceipt of invoices as defined in the Act.

(End of clause)

52.27-103-72 DOJ CONTRACTOR 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 commit ment, 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/employlhtml/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 haz ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir ing 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 pres ence 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 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.

RFPP0700NAS 140224/0005 Page 6 of29

(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 consti tute a dispute under the Disputes clause of this contract.

(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)

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 (FIPS 201)

entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con tractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk- Background Investigation (5 year scope)

• Moderate Risk- Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk- National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, 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 theSe curity Questionnaire and the Federal Bureau oflnvestigation 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 1 a. and 1 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, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commen surate 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 is suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV -1 identity proofing process.

For example, if a 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 ac-

RFPP0700NAS140224/0005 Page 7 of 29 cess.

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. If an 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:

1. FIPS 201 is available at: www.csrc.nist.gov/publicationslfips/fips201/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 investiga tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-11) requires badge issuance to all affected long-term contractors.

3. 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.

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]

DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12- Policy for a Common Identification Standard for Federal Employees and Contractor

NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 20 1 (FIPS 201 )' entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term2 con tractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation ( 5 year scope) •Moderate Risk- Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) •Low Risk- National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review ofthe 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 of OPM' s scheduling date, the badge can be issued based on a favorable review of the Se curity Questionnaire and the Federal Bureau oflnvestigation 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 lb. 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

RFPP0700NAS140224/0005 Page 8 of 29

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commen surate 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 is suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PFV-1 identity proofing process.

For example, if a 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 ac cess.

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. If an 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:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-22505.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 investiga tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-11) requires badge issuance to all affected long-term contractors.

3. 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.

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)

DJAR-PGD-08-04 Security of Systems and Data, Including Personally Identifiable Information

Security of Systems and Data, Including Personally Identifiable Data.

a. Systems Security The work to be performed under this contract requires the handling of data that originated within the Department, data that the con tractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.

For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice sys tems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the con tractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security require ments, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the DOJ Office of the Inspector General for its re-

RFPP0700NAS140224/0005 Page 9 of29 views.

The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the contracting officer (CO) certifying the following requirements:

1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product;

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

3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism;

4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract in cluding sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department;

5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FEPS 140-2 approved product;

6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in ac cordance with security requirements applicable to DOJ;

7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts;

8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information;

9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accom plished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor's project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work;

b. Data Security

By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unau thorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer's technical representative (COTR).

If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours.

c. Personally Identifiable Information Notification Requirement

The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department 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 the contractor shall be coordinated with, and be subject to the approval of, the Department. The contractor assumes full responsibility for taking cor rective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

d. Pass-through of Security Requirements to Subcontractors The requirements set forth in Paragraphs a through c above, apply to all subcontractors who…