Source Selection Training Combined Synopsis Solicitation.pdf

Combined Synopsis/Solicitation No. 70Z02323Q91200002

Solicitation Title: Contractor Support Services for the U.S. Coast Guard (USCG) Acquisition

Directorate

Solicitation Description: The purpose of this purchase order is to obtain Contractor services to provide Source Selection training courses to USCG Acquisition Directorate’s (CG-9) personnel.

Issuing Office:

Office of Contract Operations

Office of Contracts Support, CG-9123

2703 Martin Luther King Jr. Ave, SE

Washington, DC 20593-0001

Agency Contact:

Ryan Shaughnessy

Contracting Officer

Phone: 202-475-3235

Email: Ryan.W.Shaughnessy@uscg.mil

Katherine West

Contract Specialist

Phone: 202-475-3241

Email: Katherine.K.West@uscg.mil

Solicitation Issue Date: September 12, 2023

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.

This solicitation is issued as a Request for Quotation (RFQ). This requirement is being solicited as a Small Business set-aside using FAR Part 12 Acquisition of Commercial Items and FAR

Subpart 13.5 Simplified Procedures for Certain Commercial Items and Services. The applicable

NAICS code is 611430 - Professional and Management Development Training. It is anticipated that a firm, fixed-price purchase order shall be awarded as a result of this synopsis/solicitation.

Prospective awardees must have a valid UEI number, be registered in System for Award

Management (SAM) prior to award, and shall provide the company Tax Information Number

(TIN) with their quote. Information on registering in SAM may be obtained (866) 606-8220 or via the internet at https://www.sam.gov.

Place(s) of Performance:

The primary place of performance is the Contractor’s facility with courses being provided online via Adobe Connect or Microsoft Teams.

https://www.sam.gov/

Period of Performance:

The period of performance for this contract is a six (6) month base period as follows:

Base Period September 30, 2023 - March 29, 2024

1.0 CONTRACT LINE ITEMS (CLINs) AND CONTRACT TYPE BY CLIN

SEE ATTACHMENT 2 – PRICING WORKSHEET

2.0 DESCRIPTION OF SERVICES

SEE ATTACHMENT 1 – STATEMENT OF WORK (SOW)

3.0 CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/far http://www.acquisition.gov/hsar

(End of clause)

Clause Title Date

FAR 52.204-13 System for Award Management Maintenance OCT 2018

FAR 52.204-19

Incorporation by Reference of Representations and

Certifications

DEC 2014

FAR 52.212-4

Contract Terms and Conditions- Commercial Items (Addendum below)

DEC 2022

FAR 52.228-5 Insurance – Work on a Government Installation JAN 1997

FAR 52.232-40

Providing Accelerated Payment To Small Business

Subcontractors

MAR 2023

FAR 52.245-1 Government Property SEP 2021

FAR 52.245-9 Use and Charges APR 2012

HSAR 3052.203-70 Instructions for Contractor Disclosure of Violations SEP 2012

HSAR 3052.223-90 Accident and fire reporting (USCG) DEC 2003

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (JUN 2020) (DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower at 41 U.S.C.

4712 by section 828 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

http://www.acquisition.gov/far http://www.acquisition.gov/hsar

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of Clause)

FAR 52.212-4 Contract Terms and Conditions-Commercial Items (DEC 2022)

(ADDENDUM)

The following paragraph of 52.212-4 is amended as indicated below:

1. Paragraph (g) Invoice.

Amended to include the following:

Invoicing Instructions

Contractors shall submit proper invoices associated with this award through the Invoice

Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the

U.S. Department of the

Treasury's Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St.

Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Actions to take:

If you are already enrolled in IPP: If your company is already registered to use IPP, you will not be required to re-register and you do not need to contact IPP.

If you are NOT already enrolled in IPP: The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov.

Please note that emails from this email address may filter into your spam or junk folder:

1. The first email will have the IPP Logon ID and a link to the IPP application.

2. A second email, which will be sent within 24 hours of the first email, contains a temporary password.

Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads.

The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

Vendor training materials, including a first time login tutorial, are available on the https://www.ipp.gov/ website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a great opportunity to learn the basic of the system and to call in and ask the IPP team questions about the IPP application.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

· Toll-free number: 866-973-3131

· Email address: IPPCustomerSupport@fiscal.treasury.gov

· Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm

ET

(a) WHEN TO SUBMIT: The contractor must first:

-Receive a fully-executed purchase order, contract, delivery order or task order

-Provide the requirements

-Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

(b) INVOICE CONTENT: Each invoice must contain the following information:

(1) Invoice Date

(2) Invoice Number

(3) Purchase Order Number (if applicable)

Contract or Blanket Purchase Order (BPA) Number

Delivery/Task Order Number (if applicable)

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s DUNS and Unique Entity Identifier Number (UEI)

(7) Contracting Officer’s Name

(8) Contracting Officer’s Representative’s (COR’s) Name (if applicable)

(9) Invoice Routing Code (IRC) assigned by the Coast Guard as follows: CG-9123

(10) Period of Performance for Work Invoiced

(11) Contract Line Item Number(s) (CLIN(s)) and Description (to include dates of service)

CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)

(12) For Travel: Components in accordance with FAR 31.205-46

(13) Invoice Total

(14) Discount Offerings

(15) Annotate on Invoice “Status as a Small Business for accelerated payment” (if applicable)

(16) The last invoice submitted for this award must be clearly labeled with “FINAL

INVOICE.”

NOTE: A request for payment is proper if it includes the items required by the clause at FAR

52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders - Commercial Products and Commercial Services. (MAR 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

(Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-

232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C 3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41

U.S.C. 3509).

https://www.law.cornell.edu/cfr/text/48/52.203-19 https://www.law.cornell.edu/rio/citation/Pub._L._113-235 https://www.law.cornell.edu/cfr/text/48/52.204-23 https://www.law.cornell.edu/rio/citation/Pub._L._115-91 https://www.law.cornell.edu/cfr/text/48/52.204-25 https://www.law.cornell.edu/rio/citation/Pub._L._115-232 https://www.law.cornell.edu/rio/citation/Pub._L._115-232 https://www.law.cornell.edu/cfr/text/48/52.209-10 https://www.law.cornell.edu/cfr/text/48/52.233-3 https://www.law.cornell.edu/uscode/text/31/3553 https://www.law.cornell.edu/cfr/text/48/52.233-4 https://www.law.cornell.edu/uscode/text/19/3805 https://www.law.cornell.edu/cfr/text/48/52.203-6 https://www.law.cornell.edu/uscode/text/41/4704 https://www.law.cornell.edu/uscode/text/10/2402 https://www.law.cornell.edu/cfr/text/48/52.203-13 https://www.law.cornell.edu/uscode/text/41/3509 https://www.law.cornell.edu/uscode/text/41/3509

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved]

_X_(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_(8) 52.209-6, Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C.

6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved]

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011)

(15 U.S.C. 657a).

__ (ii) Alternate I (NOV 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C.

644).

__ (ii) Alternate I (NOV 2011).

__ (iii) Alternate II (NOV 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C.

644).

__ (ii) Alternate I (OCT 1995) of 52.219-7.

__ (iii) Alternate II (MAR 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.

637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C.

637(d)(4)).

https://www.law.cornell.edu/cfr/text/48/52.203-15 https://www.law.cornell.edu/topn/american_recovery_and_reinvestment_act_of_2009 https://www.law.cornell.edu/topn/american_recovery_and_reinvestment_act_of_2009 https://www.law.cornell.edu/rio/citation/Pub._L._111-5 https://www.law.cornell.edu/topn/american_recovery_and_reinvestment_act_of_2009 https://www.law.cornell.edu/cfr/text/48/52.204-10 https://www.law.cornell.edu/rio/citation/Pub._L._109-282 https://www.law.cornell.edu/uscode/text/31/6101 https://www.law.cornell.edu/cfr/text/48/52.204-14 https://www.law.cornell.edu/rio/citation/Pub._L._111-117 https://www.law.cornell.edu/rio/citation/Pub._L._111-117 https://www.law.cornell.edu/cfr/text/48/52.204-15 https://www.law.cornell.edu/rio/citation/Pub._L._111-117 https://www.law.cornell.edu/cfr/text/48/52.209-6 https://www.law.cornell.edu/uscode/text/31/6101 https://www.law.cornell.edu/uscode/text/31/6101 https://www.law.cornell.edu/cfr/text/48/52.209-9 https://www.law.cornell.edu/uscode/text/41/2313 https://www.law.cornell.edu/cfr/text/48/52.219-3 https://www.law.cornell.edu/uscode/text/15/657a https://www.law.cornell.edu/cfr/text/48/52.219-3 https://www.law.cornell.edu/cfr/text/48/52.219-4 https://www.law.cornell.edu/uscode/text/15/657a https://www.law.cornell.edu/cfr/text/48/52.219-4 https://www.law.cornell.edu/cfr/text/48/52.219-6 https://www.law.cornell.edu/uscode/text/15/644 https://www.law.cornell.edu/uscode/text/15/644 https://www.law.cornell.edu/cfr/text/48/52.219-7 https://www.law.cornell.edu/uscode/text/15/644 https://www.law.cornell.edu/uscode/text/15/644 https://www.law.cornell.edu/cfr/text/48/52.219-7 https://www.law.cornell.edu/cfr/text/48/52.219-7 https://www.law.cornell.edu/cfr/text/48/52.219-8 https://www.law.cornell.edu/uscode/text/15/637#d_2 https://www.law.cornell.edu/uscode/text/15/637#d_2 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/uscode/text/15/637#d_4 https://www.law.cornell.edu/uscode/text/15/637#d_4

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (NOV 2016) of 52.219-9.

__ (v) Alternate IV (AUG 2018) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages - Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(OCT 2019) (15 U.S.C. 657f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023)

(15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program

(Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (OCT

2019) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29

U.S.C. 793).

__ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter

78 and E.O. 13627).

https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.219-13 https://www.law.cornell.edu/uscode/text/15/644#r https://www.law.cornell.edu/cfr/text/48/52.219-14 https://www.law.cornell.edu/uscode/text/15/637#a_14 https://www.law.cornell.edu/cfr/text/48/52.219-16 https://www.law.cornell.edu/uscode/text/15/637#d_4_F_i https://www.law.cornell.edu/uscode/text/15/637#d_4_F_i https://www.law.cornell.edu/cfr/text/48/52.219-27 https://www.law.cornell.edu/uscode/text/15/657f https://www.law.cornell.edu/cfr/text/48/52.219-28 https://www.law.cornell.edu/uscode/text/15/632#a_2 https://www.law.cornell.edu/cfr/text/48/52.219-29 https://www.law.cornell.edu/uscode/text/15/637#m https://www.law.cornell.edu/uscode/text/15/637#m https://www.law.cornell.edu/cfr/text/48/52.219-30 https://www.law.cornell.edu/uscode/text/15/637#m https://www.law.cornell.edu/cfr/text/48/52.222-3 https://www.govinfo.gov/link/cpd/executiveorder/11755 https://www.law.cornell.edu/cfr/text/48/52.222-19 https://www.govinfo.gov/link/cpd/executiveorder/13126 https://www.law.cornell.edu/cfr/text/48/52.222-21 https://www.law.cornell.edu/cfr/text/48/52.222-26 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/48/52.222-26 https://www.law.cornell.edu/cfr/text/48/52.222-35 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.222-35 https://www.law.cornell.edu/cfr/text/48/52.222-36 https://www.law.cornell.edu/uscode/text/29/793 https://www.law.cornell.edu/uscode/text/29/793 https://www.law.cornell.edu/cfr/text/48/52.222-36 https://www.law.cornell.edu/cfr/text/48/52.222-37 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.222-40 https://www.law.cornell.edu/topn/labor_relations_act https://www.law.cornell.edu/topn/labor_relations_act https://www.govinfo.gov/link/cpd/executiveorder/13496 https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN

2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42

U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (AUG 2011)

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

_X_ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (46) 52.225-1, Buy American - Supplies (MAY 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American - Free Trade Agreements - Israeli Trade Act

(MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.law.cornell.edu/cfr/text/48/52.222-54 https://www.govinfo.gov/link/cpd/executiveorder/12989 https://www.law.cornell.edu/cfr/text/48/52.223-9 https://www.law.cornell.edu/uscode/text/42/6962#c_3_A_ii https://www.law.cornell.edu/cfr/text/48/52.223-9 https://www.law.cornell.edu/uscode/text/42/6962#i_2_C https://www.law.cornell.edu/cfr/text/48/52.223-11 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.223-12 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.223-13 https://www.law.cornell.edu/cfr/text/48/52.223-13 https://www.law.cornell.edu/cfr/text/48/52.223-14 https://www.law.cornell.edu/cfr/text/48/52.223-14 https://www.law.cornell.edu/cfr/text/48/52.223-15 https://www.law.cornell.edu/uscode/text/42/8259b https://www.law.cornell.edu/uscode/text/42/8259b https://www.law.cornell.edu/cfr/text/48/52.223-16 https://www.law.cornell.edu/cfr/text/48/52.223-16 https://www.law.cornell.edu/cfr/text/48/52.223-18 https://www.law.cornell.edu/cfr/text/48/52.223-20 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.223-21 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.224-3 https://www.law.cornell.edu/uscode/text/5/552a https://www.law.cornell.edu/cfr/text/48/52.224-3 https://www.law.cornell.edu/cfr/text/48/52.225-1 https://www.law.cornell.edu/uscode/text/41/chapter-83 https://www.law.cornell.edu/cfr/text/48/52.225-3 https://www.law.cornell.edu/uscode/text/41/chapter-83 https://www.law.cornell.edu/uscode/text/19/3301 https://www.law.cornell.edu/uscode/text/19/2112 https://www.law.cornell.edu/uscode/text/19/3805 https://www.law.cornell.edu/uscode/text/19/3805 https://www.law.cornell.edu/uscode/text/19/4001 https://www.law.cornell.edu/rio/citation/Pub._L._103-182

__ (ii) Alternate I (MAY 2014) of 52.225-3.

__ (iii) Alternate II (MAY 2014) of 52.225-3.

__ (iv) Alternate III (MAY 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42

U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002)

(41 U.S.C.4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer - System for Award

Management (OCT 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award

Management (JUL 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] https://www.law.cornell.edu/cfr/text/48/52.225-3 https://www.law.cornell.edu/cfr/text/48/52.225-3 https://www.law.cornell.edu/cfr/text/48/52.225-3 https://www.law.cornell.edu/cfr/text/48/52.225-5 https://www.law.cornell.edu/uscode/text/19/2501 https://www.law.cornell.edu/uscode/text/19/3301 https://www.law.cornell.edu/uscode/text/19/3301 https://www.law.cornell.edu/cfr/text/48/52.225-13 https://www.law.cornell.edu/cfr/text/48/52.225-26 https://www.law.cornell.edu/topn/national_defense_authorization_act_for_fiscal_year_2008 https://www.law.cornell.edu/topn/national_defense_authorization_act_for_fiscal_year_2008 https://www.law.cornell.edu/uscode/text/10/2302 https://www.law.cornell.edu/cfr/text/48/52.226-4 https://www.law.cornell.edu/uscode/text/42/5150 https://www.law.cornell.edu/uscode/text/42/5150 https://www.law.cornell.edu/cfr/text/48/52.226-5 https://www.law.cornell.edu/uscode/text/42/5150 https://www.law.cornell.edu/cfr/text/48/52.232-29 https://www.law.cornell.edu/uscode/text/41/4505 https://www.law.cornell.edu/uscode/text/10/2307#f https://www.law.cornell.edu/cfr/text/48/52.232-30 https://www.law.cornell.edu/uscode/text/41/4505 https://www.law.cornell.edu/uscode/text/41/4505 https://www.law.cornell.edu/uscode/text/10 https://www.law.cornell.edu/cfr/text/48/52.232-33 https://www.law.cornell.edu/uscode/text/31/3332 https://www.law.cornell.edu/cfr/text/48/52.232-34 https://www.law.cornell.edu/uscode/text/31/3332 https://www.law.cornell.edu/cfr/text/48/52.232-36 https://www.law.cornell.edu/uscode/text/31/3332 https://www.law.cornell.edu/cfr/text/48/52.239-1 https://www.law.cornell.edu/uscode/text/5/552a https://www.law.cornell.edu/cfr/text/48/52.242-5 https://www.law.cornell.edu/uscode/text/15/637#d_13 https://www.law.cornell.edu/uscode/text/15/637#d_13 https://www.law.cornell.edu/cfr/text/48/52.247-64 https://www.law.cornell.edu/uscode/text/46a https://www.law.cornell.edu/uscode/text/10/2631 https://www.law.cornell.edu/cfr/text/48/52.247-64 https://www.law.cornell.edu/cfr/text/48/52.247-64

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -

Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY

2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

https://www.law.cornell.edu/cfr/text/48/52.222-17 https://www.govinfo.gov/link/cpd/executiveorder/13495 https://www.law.cornell.edu/cfr/text/48/52.222-41 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-42 https://www.law.cornell.edu/uscode/text/29/206 https://www.law.cornell.edu/uscode/text/29/206 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-43 https://www.law.cornell.edu/uscode/text/29/206 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-44 https://www.law.cornell.edu/uscode/text/29/206 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-51 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-53 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-55 https://www.govinfo.gov/link/cpd/executiveorder/13658 https://www.law.cornell.edu/cfr/text/48/52.222-62 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.law.cornell.edu/cfr/text/48/52.226-6 https://www.law.cornell.edu/uscode/text/42/1792 https://www.law.cornell.edu/cfr/text/48/52.215-2 https://www.law.cornell.edu/cfr/text/48/part-4/subpart-4.7

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

(Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of

Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.

13495). Flow down required in accordance with paragraph (l) of FAR clause

52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29

U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018)(41 U.S.C.

chapter 67).

https://www.law.cornell.edu/cfr/text/48/52.203-13 https://www.law.cornell.edu/uscode/text/41/3509 https://www.law.cornell.edu/uscode/text/41/3509 https://www.law.cornell.edu/cfr/text/48/52.203-19 https://www.law.cornell.edu/rio/citation/Pub._L._113-235 https://www.law.cornell.edu/rio/citation/Pub._L._113-235 https://www.law.cornell.edu/cfr/text/48/52.204-23 https://www.law.cornell.edu/rio/citation/Pub._L._115-91 https://www.law.cornell.edu/cfr/text/48/52.204-25 https://www.law.cornell.edu/rio/citation/Pub._L._115-232 https://www.law.cornell.edu/cfr/text/48/52.219-8 https://www.law.cornell.edu/uscode/text/15/637#d_2 https://www.law.cornell.edu/uscode/text/15/637#d_2 https://www.law.cornell.edu/cfr/text/48/52.222-17 https://www.govinfo.gov/link/cpd/executiveorder/13495 https://www.govinfo.gov/link/cpd/executiveorder/13495 https://www.law.cornell.edu/cfr/text/48/52.222-21 https://www.law.cornell.edu/cfr/text/48/52.222-26 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/48/52.222-35 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.222-36 https://www.law.cornell.edu/uscode/text/29/793 https://www.law.cornell.edu/uscode/text/29/793 https://www.law.cornell.edu/cfr/text/48/52.222-37 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.222-40 https://www.law.cornell.edu/topn/labor_relations_act https://www.law.cornell.edu/topn/labor_relations_act https://www.govinfo.gov/link/cpd/executiveorder/13496 https://www.law.cornell.edu/cfr/text/48/52.222-41 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/uscode/text/41/chapter-67

(xiv) __ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C.

chapter 78 and E.O. 13627).

__ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and

E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain

Equipment - Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services - Requirements (MAY 2014) (41

U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (OCT 2016) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

(MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.law.cornell.edu/cfr/text/48/52.222-51 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-53 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-54 https://www.govinfo.gov/link/cpd/executiveorder/12989 https://www.law.cornell.edu/cfr/text/48/52.222-55 https://www.govinfo.gov/link/cpd/executiveorder/13658 https://www.law.cornell.edu/cfr/text/48/52.222-62 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.law.cornell.edu/cfr/text/48/52.225-26 https://www.law.cornell.edu/topn/national_defense_authorization_act_for_fiscal_year_2008 https://www.law.cornell.edu/topn/national_defense_authorization_act_for_fiscal_year_2008 https://www.law.cornell.edu/uscode/text/10/2302 https://www.law.cornell.edu/cfr/text/48/52.224-3 https://www.law.cornell.edu/uscode/text/5/552a https://www.law.cornell.edu/cfr/text/48/52.224-3 https://www.law.cornell.edu/cfr/text/48/52.226-6 https://www.law.cornell.edu/uscode/text/42/1792 https://www.law.cornell.edu/cfr/text/48/52.247-64 https://www.law.cornell.edu/uscode/text/46a https://www.law.cornell.edu/uscode/text/10/2631

Homeland Security Acquisition Regulation (HSAR)

HSAR Special Clause Safeguarding of Sensitive Information

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Definitions. As used in this clause—

“Personally Identifiable Information (PII)” means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identifiable information can become personally identifiable information whenever additional information is made publicly available—in any medium and from any source—that, combined with other available information, could be used to identify an individual.

PII is a subset of sensitive information. Examples of PII include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), static Internet protocol addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Information” is defined in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of

Federal programs, or the privacy to which individuals are entitled under section 552a of Title

5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure

Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal

Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of

Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the

Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

“Sensitive Information Incident” is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information.

“Sensitive Personally Identifiable Information (SPII)” is a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Some forms of PII are sensitive as stand-alone elements. Examples of such PII include: Social Security numbers (SSN), driver’s license or state identification number, Alien Registration Numbers (A-number), financial account number, and biometric identifiers such as fingerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual’s name or other unique identifier plus one or more of the following elements:

(1) Truncated SSN (such as last 4 digits)

(2) Date of birth (month, day, and year)

(3) Citizenship or immigration status

(4) Ethnic or religious affiliation

(5) Sexual orientation

(6) Criminal History

(7) Medical Information

(8) System authentication information such as mother’s maiden name, account passwords or personal identification numbers (PIN)

Other PII may be “sensitive” depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive.

(c) Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors, or available upon request from the Contracting Officer, including but not limited to:

(1) DHS Management Directive 11042.1 Safeguarding Sensitive But Unclassified (for Official

Use Only) Information

(2) DHS Sensitive Systems Policy Directive 4300A

(3) DHS 4300A Sensitive Systems Handbook and Attachments

(4) DHS Security Authorization Process Guide

(5) DHS Handbook for Safeguarding Sensitive Personally Identifiable Information

(6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel

Suitability and Security Program

(7) DHS Information Security Performance Plan (current fiscal year)

(8) DHS Privacy Incident Handling Guidance

(9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for

Cryptographic Modules accessible at http://csrc.nist.gov/groups/STM/cmvp/standards.html

(10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at http://csrc.nist.gov/publications/PubsSPs.html

(11) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at http://csrc.nist.gov/publications/PubsSPs.html

(d) Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required.

(1) Department of Homeland Security (DHS) policies and procedures on Contractor personnel security requirements are set forth in various Management Directives (MDs), Directives, and

Instructions. MD 11042.1, Safeguarding Sensitive But Unclassified (For Official Use Only)

Information describes how Contractors must handle sensitive but unclassified information. DHS uses the term “FOR OFFICIAL USE ONLY” to identify sensitive but unclassified information that is not otherwise categorized by statute or regulation. Examples of sensitive information that are categorized by statute or regulation are PCII, SSI, etc. The DHS Sensitive Systems Policy

Directive 4300A and the DHS 4300A Sensitive Systems Handbook provide the policies and procedures on security for Information Technology (IT) resources. The DHS Handbook for

Safeguarding Sensitive Personally Identifiable Information provides guidelines to help safeguard

SPII in both paper and electronic form. DHS Instruction Handbook 121-01-007 Department of

Homeland Security Personnel Suitability and Security Program establishes procedures, program responsibilities, minimum standards, and reporting protocols for the DHS Personnel Suitability and Security Program.

(2) The Contractor shall not use or redistribute any sensitive information processed, stored, and/or transmitted by the Contractor except as specified in the contract.

(3) All Contractor employees with access to sensitive information shall execute DHS Form

11000-6, Department of Homeland Security Non-Disclosure Agreement (NDA), as a condition of access to such information. The Contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The Contractor shall provide copies of the signed NDA to the Contracting Officer’s Representative (COR) no later than two (2) days after execution of the form.

(4) The Contractor’s invoicing, billing, and other recordkeeping systems maintained to support financial or other administrative functions shall not maintain SPII. It is acceptable to maintain in these systems the names, titles and contact information for the COR or other

Government personnel associated with the administration of the contract, as needed.

(e) Authority to Operate. The Contractor shall not input, store, process, output, and/or transmit sensitive information within a Contractor IT system without an Authority to Operate (ATO) signed by the Headquarters…