ROOFTOP SOLICITATION.pdf

RFQP02162300016 Page 1 of 41

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 41

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

DATE DATE

RFQP02l623000 16 03/07/2023

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

INFORMATION CALL: TIME

Heidi Bourne hbourne@bop.gov 330-420-6476 03/27/2023 10:00 ET

9. ISSUED BY CODE I 15B21 6 10. THE ACQUISITION IS □ UNRESTRICTED OR [Kl SET ASIDE: J 00. 00 %FOR

Federal Bureau of Prisons 0 SMALL BUSINESS □

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

FCI Elkton

SMALL BUSINESS PROGRAM

NAICS: 333415 8730 Scroggs Road

HUBZONE SMALL

□ BUSINESS EDWOSB

L isbon, OH 44432

SERVICE-DISABLED SIZE STANDARD: 1250

VETERAN-OWNED

□ SMALL BUSINESS B(A) Employees 11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

13a. THIS CONTRACT IS A

NET30 □ RATED ORDER UNDER DPAS

□ SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE ~RFQ □ IFB □ RFP

15. DELIVER TO CODE 15B2 16 16. ADMINISTERED BY CODE 15B216

Federal Bureau of Prisons

Heidi Bourne Federal Bureau of Prisons

Heidi Bourne FCI Elkton FCI Elkton

8730 Scroggs Road 8730 Scroggs Road hboumc@bop.gov

Lisbon, OH 44432 Lisbon, OH 44432

17a. CONTRACTOR/ CODE I I

FACILITY I 18a. PAYMENT WILL BE MADE BY CODE BELK

OFFEROR CODE

Federal Bureau of Prisons hbourne@bop.gov

FCI Elkton

PO BOX 129

Lisbon, OH 44432

TELEPHONE NO.

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

OFFER

18b. SUBMIT INVOICE~ ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

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

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

FCI Elkton: Rooftop Heating Uni ts

DUNS:

UEI:

EMA IL:

Firm Fixed Price

See Continuation Sheet(s) ( Use R~1Yoru nnd/or Allaclr Addirionnl Sh~ts ,u NC'<:~s:mry)

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

~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.21 2-4. FAR 52.212-3 AND 52.21 2-5 ARE ATTACHED. ADDENDA H 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 l29 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN t COPIES TO

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

□ 29. AWARD OF CONTRACT: REF . OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. IS ACCEPTE D AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Heidi Bourne 03/08/2023

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA· FAR (48 CFR) 53.212

I

RFQP02162300016 Page 2 of 41

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

□ RECEIVED □ INSPECTED □ ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________ _

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

REPRESENTATIVE REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

□coMPLETE □PARTIAL □ FINAL

I PARTIAL I !FINAL

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/00) 142d . TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

RFQP02162300016 Page 3 of 41

Table of Contents

Description Pa2e Number

Solicitation/Contract Form ........ ... ... ..... ............. .... ....... ............ ..... .... ........... .. ... ..... ........... ........ .. .. .... .. ............. I

Commodity or Services Schedule Contract Clauses

DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.202-1 Definitions (Jun 2020) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021 ) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Dec 2022) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Dec 2022)

List of Attachments Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022) 52.225-25 Prohib ition on Contracting with Entities Engaging in Ce1tain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020)

52.2 12-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021)

52.2 1 l -6 Brand Name or Equal (Aug 1999)

RFQP02162300016 Page 4 of 41

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE I AMOUNT

0001 MODEL- RT (50-80) (A, B) J 2 EA $ $

UNIT TYPE (UT)- RT, NATURAL VENT ROOFTOP UNIT

CAPACITY ~A)- (50-80) ~500-800 mBTU)

FURNACE PE (FT) A, STANDARD TEMPERATURE RISE

(20-60)F

ROOFTOP ARRANGEMENT (RA) J, HIGH CFM BLOWER UNIT

WITH SUPPLY PLENUM

PSC: 4120

RFQP02162300016 Page 5 of 41

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperforn1ance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supp li es or services. The Government must exercise its post-acceptance rights--

( I) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

( c) Changes . Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71 , Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action aris ing under or relating to thi s contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52 .233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

( e) Definitions. The clause at FAR 52.202-1 , Definitions, is incorporated herein by reference.

(t) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) In voice.

( 1) The Contractor shall submit an original invoice and three copies ( or electronic invoice, if authorized) to the address designated in the contract to receive invoices . An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, li ne item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

RFQP02162300016 Page 6 of 41

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN) . The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking info1mation.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) IfEFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g. , 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (0MB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(!) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT) . If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g ., duplicate payment, erroneous payment, liquidation errors, date(s) ofoverpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and suppo1ting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of

RFQP02162300016 Page 7 of 41 the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33 .2 11 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

U) Risk of loss . Unless the contract specifically provides otherwise, risk ofloss or damage to the supplies provided under this contract shall remain with the Contractor until , and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o .b. origin; or

(2) Delivery of the suppli es to the Government at the destination specified in the contract, if transportation is f.o.b . destination.

(k) T(JJ(es . The contract price includes all applicable Federal, State, and local taxes and duties.

(I) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fai ls to comply with any contract terms and conditions, or fai ls to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

RFQP02162300016 Page 8 of 41

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 re lating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 4 1 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C.40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity .

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the fo llowing order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (3 1 U.S.C. 134 1), the following shall govern:

(i) Any such clause is unenforceable aga inst the Government.

(i i) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. lfthe EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(l) of this clause does not apply to indemnification by the Government that is express ly authorized by statute and specifically authorized under applicable agency regulations and procedures.

RFQP02162300016 Page 9 of 41

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

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

Clauses By Full Text

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[l] Appl icable SORNs published by other agencies may be accessed through those agencies' websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

Except where use of Contractor networks, TT, other equipment, or Workplace as a Service (WaaS) is specificall y authorized within this contract, the Contractor shall perform all tasks on authorized Government networks , using Government-furnished 1T and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility ; and Government information shall remain within the confines of authorized Government facilities at all times . Contractors may only access classified materials on government furnished equipment in authorized government owned faci li ties regardless of remote work authorizations.

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(4) Separation Checklist/or Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract. The separation checklist must verify : (I) return of any Government-furnished equipment; (2) return or proper disposition of personally identifiab le information (PII)[2] , in paper or electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor's facilities or systems that would permit the terminated employee's access to PIT or other sensitive information.

RFQP02162300016 Page 10 of 41

In the event of adverse job actions resulting in the dismissal of a Contractor or Subcontractor employee before the separation checklist can be completed, the Prime Contractor must notify the Contracting Officer within 24 hours and confirm receipt of the notification. In the case the Contractor is unable to notify the Contracting Officer, then the Contractor should notify the Contract Officer' s Representative (COR).

Contractors must complete the separation checklist with the Contracting Officer or COR by returning all Government furnished property including, but not limited to, computer equipment, media, credentials and passports, smart cards, mobile devices, Personal Identity Verification (PIV) cards, calling cards, and keys and terminating access to all user accounts and systems. Unless the Contracting Officer requests otherwise, the relevant Program Manager or other Key Personnel designated by the Contracting Officer or COR may facilitate the return of equipment.

B. Privacy Training, Safeguarding. and Remediation

(]) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors who have access to Pll as well as the creation, use, dissemination and/or destruction of Pll at the outset of the employee's work on the contract and every year thereafter. Training must include procedures on how to properly handle PU, including heightened security requirements for the transporting or transmission of sensitive Pll, and reporting requirements for a suspected breach or loss of PII. These courses, along with more information about DOJ security and training requirements for Contractors, are available at httJ:)s://www.justice.gov/ jmd/leamdoj. The Federal Information Security Modernization Act of2014 (FISMA) requires all individuals accessing DOJ information to complete training on records management, cybersecurity awareness, and information system privacy awareness . Contractor employees are required to sign the "Privacy Rules of Behavior," acknowledging and agreeing to abide by privacy law, policy, and certain privacy safeguards, prior to accessing DOJ information. These Rules of Behavior are made available to all new users of DOJ' s computer network and to trainees at the conclusion ofDOJ-OPCL

CS-0005 .

The Contractor should maintain cop ies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required privacy and cybersecurity training.

(2) Safeguarding PII Requirements

Contractor employees must comply with DOJ Order 0904 and other guidance published to the publicly-available Office of Privacy and Civil Liberties (OPCL) Resources page[3] relating to the safeguarding of PII , including the use of additional controls to safeguard sensitive PIT (e.g. , the encryption of sensitive PII). This requirement flows down from the Prime Contractor to all Subcontractors and lower tiered subcontracts .

(3) Non-Disclosure Agreement Requirement

Prior to commencing work, all Contractor personnel that may have access to PIT or other sensitive information shall be required to sign a Non-Disclosure Agreement (NDA) and the DOJ IT Rules of Behavior. The Non-Disclosure Agreement:

(a) prohibits the Contractor from retaining or divulging any Pll or other sensitive information, or derivatives therefrom, furnished by the Government or to which they may otherwise come in contact as a result of their performance of work under the contract/task order that is otherwise not publicly available, whether or not such information has been reduced to writing;

and

(b) requires the Contractor to report any loss of control, compromise, unauthorized disclosure, or unauthorized acquisition of PII or other sensitive information to the component-level or headquarters Security Operations Center wi thin one (I) hour of discovery.

The Contractor should maintain signed copies of the NDA for all employees as a record of compliance. The Contractor should also provide copies of each employee's signed NDA to the Contracting Officer before the employee may commence work under the contract/task order.

(4) Prohibition on Use of Pll in Vendor Billing and Administrative Records

The Contractor's invoicing, billing, and other financial or administrative records or databases is not authorized to regularly store or include any sensitive PIT or other confidential government information that is created, obtained, or provided during

RFQP02162300016 Page 11 of 41 the performance of the contract without the written permission of the Senior Component Official for Privacy (SCOP). Jt is acceptable to list the names, titles and contact information for the Contracting Officer, COR, or other personnel associated with the administration of the contract in the invoices as needed.

(5) Reporting Actual or Suspected Data Breach

Contractors must report any actual or suspected breach of PU within one hour of discovery.[ 4] A "breach" is an incident or occurrence that involves the loss of control , compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where: (I) a person other than an authorized user accesses or potentially accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose. The report of a breach must be made to DOJ. The Contractor must cooperate with DOJ's inquiry into the incident and efforts to minimize risks to DOJ or individuals, including remediating any harm to potential victims.

(a) The Contractor must develop and maintain an internal process by which its employees and Subcontractors are trained to identify and rep01t the breach, consistent with DOJ Instruction 0900.00.0 1 [ 5], Reporting and Response Procedures for a Breach of Personally Identifiable Information .

(b) The Contractor must report any such breach by its employees or Subcontractors to the DOJ Security Operations Center (dojcert@usdoj.gov, 202-357-7000); Component-level Security Operations Center and Component-level Management Team, where appropriate; the COR; and the Contracting Officer within one( !) hour of the initial discovery.

(c) The Contractor must provide a written report to the DOJ Security Operations Center (dojcert@usdoj.gov, 202-357-7000) within 24 hours of discovery of the breach by its employees or Subcontractors. The report must contain the following information:

(i) Narrative or detailed description of the events surrounding the suspected loss or compromise of information.[6] Date, time, and location of the incident.

(ii) Amount, type, and sensitivity of information that may have been lost or compromised, accessed without authorization, etc.

(i ii) Contractor's assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment.[?]

(iv) Names and classification of person(s) involved, including victim, Contractor employee/Subcontractor and any witnesses.

(v) Cause of the incident and whether the company's security plan was followed and, if not, which specific provisions were not followed.[8]

(vi) Actions that have been or w ill be taken to minimize damage and/or mitigate further compromise.

(vii) Recommendations to prevent similar situations in the future , including whether the security plan needs to be modified in any way and whether additional training may be required.

(d) The Contractor shall provide full access and cooperation for all activities determined by the Government to be required to ensure an effective incident response, including providing all requested images, log files , and event in formation to facilitate rapid resolution of sensitive information incidents .

(e) At the Government's discretion, Contractor employees or Subcontractor employees may be identified as no longer eligible to access Pll or to work on that contract based on their actions related to the loss or compromise of Pll.

(6) Victim Remediation

At DOJ's request, the Contractor is responsible for notifying victims and providing victim remediation services in the event of a breach of PII held by the Contractor, its agents, or its Subcontractors, under this contract. Victim remediation services shall include at least 18 months of credit monitoring and, for serious or large incidents as determined by the Government, call center help desk services for the individuals whose PIT was lost or compromised. When DOJ requests notification, the Department Chief Privacy and Civil Liberties Officer and SCOP will direct the Contractor on the method and content of such notification to be sent to individuals whose PU was breached. By performing this work, the Contractor agrees to full cooperation in the event of a breach. The Contractor should be self-insured to the extent necessary to handle any reasonably foreseeable breach, with another source of income, to full y cover the costs of breach response, including but not limited to victim remediation.

C. Government Records Training. Ownership. and Management

(1) Records Management Training and Compliance

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(a) The Contractor must ensure that all employees and Subcontractors that have access to PTT as well as to those involved in the creation, use, dissem ination and/or destruction of PII take the DOJ Records and Information Training for New Employees (RIM) training course or another training approved by the Contracting Officer or COR. This training will be provided at the outset of the Subcontractor's/employee's work on the contract and every year thereafter. The Contractor shall maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required records management training.

(b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records containing Pll and those covered by the Privacy Act of 1974. These policies include the preservation of a ll records created or received regardless of format, mode of transmission, or state of completion.

(2) Records Creation, Ownership, and Disposition

(a) The Contractor shall not create or maintain any records not specifically tied to or authorized by the contract using Government IT equipment and/or Government records or that contain Government Agency information. The Contractor shall certify, in writing, the appropriate disposition or return of all Government information at the conclusion of the contract or at a time otherwise specified in the contract. In accordance with 36 CFR 1222.32, the Contractor shall maintain and manage all Federal records created in the course of performing the contract in accordance with Federal law. Records may not be removed from the legal custody of DOJ or destroyed except in accordance with the provisions of the agency records schedules .

(b) Except as stated in the Performance Work Statement and, where applicable, the Contractor's Commercial License Agreement, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases and all supporting documentation and associated metadata created as part of this contract. All deliverables (including all data and records) under the contract are the property of the U.S. Government and may be considered federal records, for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein.

The Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data .

(c) The Contractor shall not retain, use, sell , disseminate, or dispose of any government data/records or deliverables without the express written permission of the Contracting Officer or Contracting Officer's Representative. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction ofrecords, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. § 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules.

D. Data Privacy and Oversight

(I) Restrictions on Testing or Training Using Real Data Containing Pl!

The use of real data containing PII from any source for testing or training purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for testing or training whenever feasible.

(2) Requirements for Contractor IT Systems Hosting Government Data

The Contractor is required to obtain an Authority To Operate (A TO) for any IT environment owned or controlled by the Contractor or any Subcontractor on which Government data shall reside for the purposes of IT system development, design, data migration, testing, training, maintenance, use, or disposal.

(3) Requirement to Support Privacy Compliance

(a) If this contract requires the development, maintenance or administration of information technology[9], the Contractor shall support the completion of the Initial Privacy Assessment (IP A) document, if requested by Department personnel. An IP A is the first step in a process to identify potential privacy issues and mitigate privacy risks. The IP A asks basic questions to help components assess whether additional privacy protections may be needed in designing or implementing a project[ I OJ to mitigate privacy risks, and whether compliance work may be needed. Upon review of the IPA, the OPCL determines whether a Privacy Impact Assessment (PIA) document and/or SORN, or modifications thereto, are required. The Contractor shall provide adequate support to complete the applicable risk assessment and PIA document in a timely manner, and sha ll ensure that project management plans and schedules include the IPA, PIA, and SORN (to the extent required) as milestones.

Additional information on the privacy compliance process at DOJ, including IP As, PIAs, and SORNs, is located on the DOJ

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OPCL website (https ://dojnet.doj.gov/privacy/), including DOJ Order 0601, Privacy and Civil Liberties. The Privacy Impact Assessment Guidance and Template outline the requirements and format for the PIA .

(b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy risk assessment and documentation, the Contractor shall provide adequate support to DOJ to ensure DOJ can complete any required assessment, and IPA, PIA, SORN, or other supporting documentation to support privacy compliance. The Contractor shall work with personnel from the program office, OPCL, the Office of the Chief Information Officer (OCIO), and the Office of Records Management and Policy to ensure that the privacy assessments and documentation are kept on schedule, that the answers to questions in the documents are thorough and complete, and that questions asked by the OPCL and other offices are answered in a timely fashion . The Contractor must ensure the completion of required PI As and documentation of privacy controls consistent with federal law and standards, e.g. NIST 800-53 , Rev. 5; and compliance with the Privacy Act of 1974, E-Govemment Act of 2002, Federal Info1mation Security Modernization Act of2014, and key 0MB guidelines, e.g., 0MB Circular A-130.

[I] "[T]he term ' record ' means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph." 5 U.S.C. § 552a(a)( 4). "[T]he term ' system of records' means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual." 5 U.S.C. § 552a(a)(5).

[2] As stated in FAR 52.224-3 and Office of Management and Budget (0MB) Circular A-130, Managing Federal Information as a Strategic Resource (2016), "'personally identifiable information' means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual."

Regarding "sensitive PII," " [t]he sensitivity level of the PII will depend on the context, including the purpose for which the PII is created, collected, used, processed, stored, maintained, disseminated, disclosed , or disposed . For example, the sensitivity level of a list of individuals' names may depend on the source of the infonnation, the other information associated with the list, the intended use of the information, the ways in which the information will be processed and shared, and the ability to access the information." 0MB Circular A-130, at App. II-2 .

[3] The DOJ OPCL Resources page is available at https ://www.justice.gov/opcl/resources.

[ 4] As stated in DOJ Instruction 0900, "Contractors must notify the Contracting Officer, the Contracting Officer 's Representative, and JSOC ( or component-level SOC) within I hour of discovering any incidents, including breaches, consistent with this Instruction, guidance issued by the CPCLO, NIST standards and guidelines, and the US-CERT notification guidelines."

[5] https: //www.justice.gov/file/4336/downJoad [6] As stated in DOJ lnstrnction 0900, the description should include the type of information that constitutes Pll; purpose for which Pll is collected, maintained, and used; extent to which Pll identifies a peculiarly vulnerable population; the determination of whether the information was properly encrypted or rendered partially or completely inaccessible by other means ; format of PII (e.g. , whether PII was structured or unstructured) ; length of time PII was exposed; any evidence confirming that PII is being misused or that it was never accessed.

[7] As stated in DOJ Instruction 0900, the report should include the nature of the cyber threat (e.g., Advanced Persistent Threat, Zero Day Threat, data exfiltration) for cyber incidents.

[8] As stated in DOJ Instruction 0900, the report should include analysis on whether the data is accessible, usable, and intentionally targeted.

[9] As defined in 40 U .S.C. § 1110 I, the term " information technology" means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, ana lysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use

(i) of that equipment or (ii) of that equipment to a significant extent in the performance of a service or the furnishing of a product;

includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and survei llance) , peripheral equipment designed to be control led by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources ; but does not include any equipment acquired by a federa l contractor incidental to a federal contract.

[10] In this instance, the term "project" is used to scope the activities (e.g. , creating, collecting, using, processing, storing, maintaining, disseminating, disclosing, or disposing of information) covered by an IP A. A project is intended to be technology neutral, and may include an information system, a digital service, an information technology, a combination thereof, or some other activity that may create potential privacy issues or privacy risks that would benefit from an IPA. The scope of a project covered by an IPA is discretionary, but components should work with their SCOP and OPCL.

(End of Clause)

RFQP02162300016 Page 14 of 41

52.202-1 Definitions (Jun 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2. 101 in effect at the time the solicitat ion was issued, unless-

(a) The solicitation, or amended sol icitation, provides a different definition;

(b) The contracting parties agree to a different definition;

( c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

( d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or tern, defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR l.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment;

see FAR 1.109(d).

(End of clause)

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

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

( c) The Contractor agrees to incorporate the substance of this clause," including this paragraph ( c ), in all subcontracts under this contract which exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.10 I on the date of subcontract award.

(End of clause)

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

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OF AC's implementing regulations at 31 CFR Chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas . Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/ speciallydesignated-nationals-and-blockedpersons-list-sdn-human-readable-lists . More information about these restrictions, as well as updates, is available in the OFAC's regu lations at 31 CFR Chapter V and/or on OFAC's website at https://home.treaswy.gov/ policyissues/office-of-foreign-assets-controlsanctions-programs-and-information .

(c) The Contractor shall insert this clause, including this paragraph (c) , in all subcontracts.

(End of clause)

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

United States law will apply to resolve any claim of breach of this contract.

RFQP02162300016 Page 15 of 41

(End of clause)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Dec 2022)

(a) Definitions. As used in this clause--

Commercial product, commercial service, and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation (FAR) 2.10 I.

Subcontract includes a transfer of commercial products or commercial services between divisions , subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial products, commercial services, or non-developmental items as components of items to be supplied under this contract.

(c)(l) The Contractor shall insert the following clauses in subcontracts for commercial products or commercial services:

(i) 52.203-13 , Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509), if the subcontract exceeds the threshold specified in FAR 3.1004(a) on the date of subcontract award, and has a performance period of more than 120 days. T n altering this clause to identify the appropriate parties, all di sclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under…