RFQP0700NAS171200_SF1449.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQP0700NAS171200

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/07/2017

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Nathaniel R. Johnson n3johnson@bop.gov

b. TELEPHONE NUMBER (No collect calls)

202-616-6150

8. OFFER DUE DATE / LOCAL

TIME

03/27/2017 17:00:00

CODE BCO

Federal Bureau of Prisons Central Office

320 FIRST STREET NW

WASHINGTON, DC 20534

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

X 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: 325510 SIZE

STANDARD: 500

Employees

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

BVARCODE15. DELIVER TO

Federal Bureau of Prisons Various Institutions

CODE BCO16. ADMINISTERED BY

Federal Bureau of Prisons Central Office

320 FIRST STREET NW

WASHINGTON, DC 20534

Nathaniel Johnson

(O) 202-305-1102 n3johnson@bop.gov

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BVARCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons Various Institutions

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

This solicitation is being issued as a Request for Quotations(RFQ) RFQP0700NAS171200 The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94(b)and 95(b)

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)

Nathaniel Johnson

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

RFQP0700NAS171200 Page 1 of 45

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

RFQP0700NAS171200 Page 2 of 45

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 CONTINUATION OF SF-1449, BLOCK 20

3 Contract Clauses

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) DJAR-PGD-15-02-1C Contractor Certification of Compliance with Federal Tax Requirements - Solicitation - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-03 Security of Department Information and Systems 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) DJAR-PGD-15-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) 52.216-18 Ordering (Oct 1995) DJAR-PGD-15-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award - (DEVIATION 2015-02) (March 2015) .17

BOP 2852.237-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS

(JUNE 2004)

52.252-6 Authorized Deviations in Clauses (Apr 1984) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Nov 2016)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Dec 2016) 52.209-12 Certification Regarding Tax Matters (Feb 2016) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.212-1 Instructions to Offerors--Commercial Items (Oct 2016) DJAR-PGD-15-02-1C Contractor Certification of Compliance with Federal Tax Requirements - Solicitation - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-1A Corporte Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015)

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

DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015) 52.217-5 Evaluation of Options (July 1990)

RFQP0700NAS171200 Page 3 of 45

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Roofing Materials

Base Period(CLIN LINES 1-10) Period of performance(Date of award through 12 months)

0.000000 EA NSP

0002 Cleaner 5 gallon See SOW for specifications

Base Period

280.000000 EA $____________ $___________________

0003 Primer 5 gallon See SOW for specifications

Base Period

30.000000 EA $____________ $___________________

0004 Base Coat

5 gallon See SOW for specifications

Base Period

3,000.000000 EA $____________ $___________________

0005 Polyester Fabric 40 inch

See SOW for specifications

Base Period

840.000000 EA $____________ $___________________

0006 Polyester Fabric 20 inch

See SOW for specifications

Base Period

80.000000 EA $____________ $___________________

0007 Polyester Fabric 12 inch

See SOW for specifications

Base Period

100.000000 EA $____________ $___________________

0008 Polyester Fabric 6 inch

See SOW for specifications

Base Period

80.000000 EA $____________ $___________________

0009 Epoxy Top coat 5 gallon

See SOW for specifications

Base Period

4,600.000000 EA $____________ $___________________

0010 Training sessions for application of products, at various institutions, please see physical address list. 6 training sessions at various institutions per year.

See SOW for specifications

Base Period

6.000000 EA $____________ $___________________

0011 Roofing Materials

Option year 1 Period(CLIN LINES 11-20) Period of performance(13-24 months)

0.000000 EA NSP

0012 Cleaner 5 gallon See SOW for specifications

Option year 1 Period

280.000000 EA $____________ $___________________

0013 Primer 5 gallon See SOW for specifications

Option year 1 Period

30.000000 EA $____________ $___________________

RFQP0700NAS171200 Page 4 of 45

0014 Base Coat

5 gallon See SOW for specifications

Option year 1 Period

3,000.000000 EA $____________ $___________________

0015 Polyester Fabric 40 inch

See SOW for specifications

Option year 1 Period

840.000000 EA $____________ $___________________

0016 Polyester Fabric 20 inch

See SOW for specifications

Option year 1 Period

80.000000 EA $____________ $___________________

0017 Polyester Fabric 12 inch

See SOW for specifications

Option year 1 Period

100.000000 EA $____________ $___________________

0018 Polyester Fabric 6 inch

See SOW for specifications

Option year 1 Period

80.000000 EA $____________ $___________________

0019 Epoxy Top coat 5 gallon

See SOW for specifications

Option year 1 Period

4,600.000000 EA $____________ $___________________

0020 Training sessions for application of products, at various institutions, please see physical address list. 6 training sessions at various institutions per year.

See SOW for specifications Option year 1 Period

6.000000 EA $____________ $___________________

0021 Roofing Materials

Option year 2 Period Period of performance(25-36 months)

0.000000 EA NSP

0022 Cleaner 5 gallon See SOW for specifications Option year 2 Period

280.000000 EA $____________ $___________________

0023 Primer 5 gallon See SOW for specifications

Option year 2 Period

30.000000 EA $____________ $___________________

0024 Base Coat

5 gallon See SOW for specifications

Option year 2 Period

3,000.000000 EA $____________ $___________________

0025 Polyester Fabric 40 inch

See SOW for specifications

Option year 2 Period

840.000000 EA $____________ $___________________

0026 Polyester Fabric 20 inch

See SOW for specifications

Option year 2 Period

80.000000 EA $____________ $___________________

0027 Polyester Fabric 12 inch

See SOW for specifications

Option year 2 Period

100.000000 EA $____________ $___________________

0028 Polyester Fabric 6 inch

See SOW for specifications

Option year 2 Period

80.000000 EA $____________ $___________________

RFQP0700NAS171200 Page 5 of 45

0029 Epoxy Top coat 5 gallon

See SOW for specifications

Option year 2 Period

4,600.000000 EA $____________ $___________________

0030 Training sessions for application of products, at various institutions, please see physical address list. 6 training sessions at various institutions per year.

Option year 2 Period

6.000000 EA $____________ $___________________

0031 Roofing Materials

Option year 3 Period CLIN(31-40) Period of performance(37- 48 months)

0.000000 EA NSP

0032 Cleaner 5 gallon See SOW for specifications

Option year 3 Period

280.000000 EA $____________ $___________________

0033 Primer 5 gallon See SOW for specifications

Option year 3 Period

30.000000 EA $____________ $___________________

0034 Base Coat

5 gallon See SOW for specifications

Option year 3 Period

3,000.000000 EA $____________ $___________________

0035 Polyester Fabric 40 inch

See SOW for specifications

Option year 3 Period

840.000000 EA $____________ $___________________

0036 Polyester Fabric 20 inch

See SOW for specifications

Option year 3 Period

80.000000 EA $____________ $___________________

0037 Polyester Fabric 12 inch

See SOW for specifications

Option year 3 Period

100.000000 EA $____________ $___________________

0038 Polyester Fabric 6 inch

See SOW for specifications Option year 3 Period

80.000000 EA $____________ $___________________

0039 Epoxy Top coat 5 gallon

See SOW for specifications Option year 3 Period

4,600.000000 EA $____________ $___________________

0040 Training sessions for application of products, at various institutions, please see physical address list. 6 training sessions at various institutions per year.

Option year 3 Period

6.000000 EA $____________ $___________________

0041 Roofing Materials

Option year 4(CLIN LINES 41-50) Option year 4 Period of performance(49-60 months)

0.000000 EA NSP

0042 Cleaner 5 gallon See SOW for specifications

Option year 4

280.000000 EA $____________ $___________________

0043 Primer 5 gallon See SOW for specifications Option year 4

30.000000 EA $____________ $___________________

0044 Base Coat

5 gallon See SOW for specifications

Option year 4

3,000.000000 EA $____________ $___________________

RFQP0700NAS171200 Page 6 of 45

0045 Polyester Fabric 40 inch

See SOW for specifications

Option year 4

840.000000 EA $____________ $___________________

0046 Polyester Fabric 20 inch

See SOW for specifications

Option year 4

80.000000 EA $____________ $___________________

0047 Polyester Fabric 12 inch

See SOW for specifications

Option year 4

100.000000 EA $____________ $___________________

0048 Polyester Fabric 6 inch

See SOW for specifications

Option year 4

80.000000 EA $____________ $___________________

0049 Epoxy Top coat 5 gallon

See SOW for specifications

Option year 4

4,600.000000 EA $____________ $___________________

0050 Training sessions for application of products, at various institutions, please see physical address list. 6 training sessions at various institutions per year.

See SOW for specifications

Option year 4

6.000000 JB $____________ $___________________

0051 Roofing Materials

Option to extend 6 months(CLIN LINES 51-60) Period of performance(61- 66 months)

0.000000 EA NSP

0052 Cleaner 5 gallon See SOW for specifications

Option to extend 6 months Period of performance

280.000000 EA $____________ $___________________

0053 Primer 5 gallon See SOW for specifications

Option to extend 6 months Period of performance

30.000000 EA $____________ $___________________

0054 Base Coat

5 gallon See SOW for specifications

Option to extend 6 months

3,000.000000 EA $____________ $___________________

0055 Polyester Fabric 40 inch

See SOW for specifications

Option to extend 6 months

840.000000 EA $____________ $___________________

0056 Polyester Fabric 20 inch

See SOW for specifications

Option to extend 6 months

80.000000 EA $____________ $___________________

0057 Polyester Fabric 12 inch

See SOW for specifications Option to extend 6 months

100.000000 EA $____________ $___________________

0058 Polyester Fabric 6 inch

See SOW for specifications

Option to extend 6 months

80.000000 EA $____________ $___________________

0059 Epoxy Top coat 5 gallon

See SOW for specifications

4,600.000000 EA $____________ $___________________

RFQP0700NAS171200 Page 7 of 45

Option to extend 6 months

0060 Training sessions for application of products, at various institutions, please see physical address list. 6 training sessions at various institutions per year.

See SOW for specifications

Option to extend 6 months

6.000000 EA $____________ $___________________

ALL QUANTITIES ARE ESTIMATES.

2.1 CONTINUATION OF SF-1449, BLOCK 20

The National Acquisitions Section, Washington, DC intends to make a single award of a firm-fixed price, indefinite delivery, require-ments contract for Roofing materials/supplies. The quantities identified for each period are estimates and may vary, depending on the number of Bureau's institutions requiring Roofing materials/supplies.

Delivery shall be made only through individual delivery orders. The Contractor will be required to ship all items covered under this contract via FOB destination to any Bureau location in the 48 contiguous states, Hawaii and Puerto Rico.

This award will be made to the Lowest Priced Technically Acceptable (LPTA). In accordance with FAR 15.101-2, the award will be made on the basis of the lowest evaluated price meeting or exceeding the acceptability standardsfor non-cost factors.

The government intends to make award without discussions, but the government reserves the right to conduct discussions to obtain the overall best value.

Contract pricing shall be per each CLIN and shall include all charges to the Government for the provision of Roofing materials/supplies.

This requirement contains a base year of 12 months and four (4)-12 month option periods if exercised.

The National Acquisitions Section, Washington, DC intends to make a single award of a firm-fixed price, indefinite delivery, requirements contract for Roofing supplies. The quantities identified for each period are estimates and may vary, depending on the number of Bureau's institutions staff.

Delivery shall be made only through individual delivery orders. The Contractor will be required to ship all items covered under this contract via FOB destination to any Bureau location in the 48 contiguous states, Hawaii and Puerto Rico.

RFQP0700NAS171200 Page 8 of 45

Section 3 - Contract Clauses

Clauses By Full Text

2852.201-71 Contracting Officer's Representative (COR) (JUN 2012)

(a) Mr./Ms. [Name] of [Organization] [Room No.], [Building], [Address], [Area Code and Telephone No.], is hereby designated to act as Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contrac-tual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discus-sions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

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

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

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

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health ser-vice.

• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful re-

RFQP0700NAS171200 Page 9 of 45 mote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

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

• Determine how all employees who may telework will communicate with one another and with management to accom-plish work.

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab-sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica-tion. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

DJAR-PGD-15-02-1C Contractor Certification of Compliance with Federal Tax Requirements - Solicitation - (DEVIATION 2015-02) (March 2015)

By submitting a response to this solicitation, the contractor certifies that, to the best of its knowledge, in-formation and belief, the contractor has (a) filed all Federal tax returns required during the three years preceding the certification, (b) not been convicted of a criminal offense under the Internal Revenue Code of 1986, and (c) not been notified, more than 90 days before the subject certification, of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(End of Provision)

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 Con-tract. 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 Informa-tion. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

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

RFQP0700NAS171200 Page 10 of 45

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or me-dium, 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”), re-gardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, includ-ing, 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 lim-itation, 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, main-taining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or trans-mitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting 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 Represent-ative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

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

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

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

A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act 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 en-able reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

RFQP0700NAS171200 Page 11 of 45

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 Sys-tem backups;

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

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

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

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

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

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

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

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

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

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

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

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

C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, management, or mainten-ance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ 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 en-sure 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 re-views by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Con-tractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

RFQP0700NAS171200 Page 12 of 45

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

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 ex-tract including such data has been erased within 90 days of extraction or that its use is still required. All DOJ Information is sensitive information unless specifically designated as non-sensitive by the DOJ; and,

5. A Rules of Behavior (“ROB”) form must be signed by users. These rules must address, at a minimum, authorized and offi-cial use, prohibition against unauthorized users and use, and the protection 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 Contract-or-owned laptops or other portable digital or electronic media.

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

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

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

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

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

V. Cloud Computing

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

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

1. The Cloud system and CSP have been evaluated and approved by a 3PAO certified under FedRAMP and Contractor has provided the most current Security Assessment Report (“SAR”) to the DOJ CO for consideration as part of Contractor’s overall Sys-tem Security Plan, and any subsequent SARs within 30 days of issuance, and has received an 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 transmit-ted in a Cloud system under this Contract within a reasonable time of any such request, but in no event less than 48 hours from the re-quest. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall in-clude any schemas, meta-data, and other associated data artifacts.

RFQP0700NAS171200 Page 13 of 45

VI. Information System Security Breach or Incident

A. Definitions

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

2. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed, Covered Information 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 Con-firmed 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) im-mediately (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.

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 detec-tion 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 In-formation contains PII, the estimated number of unique instances of PII, (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the US-CERT Federal In-cident Notification Guidelines, including the functional impact, information impact, impact to recoverability, threat vector, mitigation details, and all available incident details; and (4) any other information specifically requested by theDOJ. Contractor shall continue to provide written updates to the DOJ CO regarding the status of the Security Incident at least every three (3) calendar days until in-formed otherwise by the DOJ CO.

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

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

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

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

VII. Personally Identifiable Information Notification Requirement

Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose Personally

RFQP0700NAS171200 Page 14 of 45

Identifiable Information (“PII”) was, or is reasonably determined by DOJ to have been, compromised. Any notification shall be co-ordinated with the DOJ CO and shall not proceed until the DOJ has made a determination that notification would not impede a law en-forcement investigation or jeopardize national security. The method and content of any notification by Contractor shall be coordinated with, and subject to the approval of, DOJ. Contractor shall be responsible for taking corrective action consistent with DOJ Data Breach Notification Procedures and as directed by the DOJ CO, including all costs and expenses associated with such corrective ac-tion, which may include providing credit monitoring to any individuals whose PII was actually or potentially compromised.

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

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) 1 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 I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

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

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

• High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;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 of Investigation Criminal History Check (i.e., fingerprint check results).

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

2. Short-Term Contractor Personnel:

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