Veritone BPA SOW.docx
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- Solicitation number
- 15JPSS23Q00000033
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| Question Answers Clarifications.pdf | ||
| Appendix 1 - Past Performance Questionnaire.docx | DOCX document | |
| 15JPSS23Q00000033.pdf | ||
| Mkt Research Analysis Veritone BPA Final.docx | DOCX document | |
| Attachment 3 - Security Requirements.pdf | ||
| Attachment - NDA.pdf | ||
| Attachment 1 - Pricing Table.xlsx | XLSX spreadsheet |
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UNCLASSIFIED // FOR OFFICIAL USE ONLY
| U.S. Department of Justice | ||
| Justice Management Division | Washington, DC 20530 |
U.S. Department of Justice
Automated Translation and Transcription Platform
Blanket Purchase Agreement
Request for Quote: 15JPSS23Q00000033
BLANKET PURCHASE AGREEMENT
FEDERAL SUPPLY SCHEDULE
U.S. DEPARTMENT OF JUSTICE
In the spirit of the Federal Acquisition Streamlining Act, the U.S. Department of Justice and hereby agree to enter into a cooperative Blanket Purchase Agreement (BPA), number , for the purpose of supporting the U.S. Department of Justice and its components. The intent is to further reduce administrative costs by acquiring commercial items and services via FAR 13.303 Blanket purchase agreements (BPAs); NAICS 541930 for Automated Translation and Transcription Platform services to enhance and execute the mission of DOJ.
Signatures:
Contracting Officer Date U.S. Department of Justice
Name:
Date Title:
Vendor Name:
Contents
| SECTION 1 | CONTRACT ITEMS | 5 |
| SECTION 2 | PRICING AND PRICING DISCOUNTS | 5 |
| SECTION 3.1 PURPOSE | 5 | |
| 3.2 Background | 5 | |
| 3.3 BPA Structure | 6 | |
| 3.4 BPA Administrator | 6 | |
| 4.1 | Program Management | 6 |
| 4.1.1 | Kick-Off Meeting | 7 |
| 4.1.2 | Transition In | 7 |
| 4.1.3 | Transition Out | 7 |
| 4.1.4 | Status Reporting | 7 |
| 4.1.5 | Work Location and Hours of Operation | 8 |
| 4.1.5.1 Contractor’s Program Management Office | 8 | |
| 4.1.6 | Government Training Requirements | 8 |
| 4.2 | Section 508 of the Rehabilitation Act | 8 |
| 4.3 | Tasks | 9 |
| SECTION 5.0 | Anticipated Period of Performance | 9 |
| 5.1 | PRICING | 9 |
| SECTION 6.0 | Invoice & Payments | 10 |
| SECTION 7 | Security Requirements | 12 |
| SECTION 8 | CONTRACT ADMINISTRATION DATA | 19 |
| 8.0 | Contracting Officer | 19 |
| 8.1 | Contracting Officer's Representative (COR) and Government Task Managers (GTMs) | 20 |
| 8.3 | Contractor Representatives | 21 |
| 8.3.1 | Contract Administration | 21 |
| 8.4 | Firm-Fixed Price Platform services | 21 |
| 8.5 Travel Expenses | 21 | |
| SECTION 9.1 | Volume of Purchases | 23 |
| 9.2 | Platform services | 23 |
| 9.3 | Ordering Instructions | 24 |
| 9.4 Platform services Evaluation Reports | 25 | |
| 9.5 | Continuing Contract Performance during a Pandemic Influenza or other National Emergency | 25 |
| 9.6 | Department Policy on Domestic Violence, Sexual Assault, and Stalking | 26 |
| 9.7 | Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (FEBRUARY 2016) | 26 |
| 9.8 | Government Furnished Property and Equipment | 27 |
| 9.9 | Proprietary Rights | 27 |
| 9.10 | Organizational Conflicts of Interest | 28 |
| 9.11 | Government/Contractor Relationships | 28 |
| 9.12 | TERM OF THE BLANKET PURCHASE AGREEMENT (BPA) | 29 |
| 9.13 | OPTION TO EXTEND SERVICES (NOV 1999) FAR 52.217-8 | 29 |
| 9.14 | OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) – Platform Services | 29 |
| 9.15 | OBSERVANCE OF LEGAL HOLIDAYS/FEDERAL NON-WORK DAYS | 29 |
| 9.16 | NOTICE TO THE GOVERNMENT OF DELAYS | 30 |
| 9.17 | DELIVERY OF REDACTED QUOTATION | 30 |
| 9.18 | Display of Hotline Poster FAR 52.203-14 (NOV 2021) | 30 |
| SECTION 10 | CONTRACT CLAUSES | 31 |
| 10.1 Contract Clauses Information | 31 | |
| SECTION 11 Instructions to Offerors -- Commercial Products and Commercial Services | 57 | |
| SECTION 12 | ATTACHMENTS | 65 |
SECTION 1 CONTRACT ITEMS
(a) 52.211-6 Brand Name or Equal: The DOJ requires Automated Translation and Transcription Platform (or equal).
(b) The following contract items may be ordered under this Blanket Purchase Agreement (BPA). All orders placed against this BPA are subject to the terms and conditions of the contract.
(c) Travel cost, where applicable, shall be billed in accordance with Federal Travel Regulations. For this BPA, the Materials, travel, and Other Direct Cost is subject to a 0.199% ceiling or the actual DCAA approved rate, whichever is lower. Materials and ODC’S offered on the open market will be acquired using appropriate procedures for open marked requirements. No additional fee or cost may be added to materials or travel. The supplies/services to be performed under this BPA are needed to provide Automated Translation and Transcription Platform Services support for the U.S. Department of Justice (Department or DOJ), as reflected herein. BPA Calls to be issued under the proposed BPA shall be awarded on a fixed price/non-competitive basis to support DOJ components agency wide. This BPA is not available for use by other Government Agencies.
SECTION 2 PRICING AND PRICING DISCOUNTS
1. The services to be performed under this BPA are for IT related services to enhance and execute the mission of DOJ. These prices can be used on a fixed price Call.
SECTION 3 – DESCRIPTION/SPECIFICATIONS THE PLATFORM SERVICES REQUIRMENTS
SECTION 3.1 PURPOSE
The principal purpose of this BPA is to provide access to an Automated Translation and Transcription Platform, hereinafter referred to as “The Platform”, for use within the Department’s Components. The Platform will perform machine translation of foreign language documents and automated transcription of audio and video files stored in Relativity. In addition, the Platform will leverage AI-enabled apps and automated workflows for electronic discovery of unstructured electronically stored information (ESI), including dash camera, body camera, closed captioning television (CCTV), interview room, voicemails, call center data and other audio/video evidence possible and allowing reviewers to search audio and video files for keywords relevant to the case. Required capabilities include processing large amounts of data and automating transcription and translation of text documents and audio/video files, which will allow DOJ components to accelerate the process of searching and identifying evidence from multiple file formats.
This procurement will allow DOJ Components to acquire access efficiently and economically to the following electronic discovery capabilities:
a. Software Licensing
b. Transcription
c. Translation
d. Image Detection
e. Video Detection
f. Professional Services
3.2 Background
Pursuant to requirements stated in the Office of Management and Budget (OMB) Circular A-130, the Federal Information Security Management Act (FISMA), and other laws, rules, and regulations, the Department of Justice (Department or DOJ) is obligated to protect the confidentiality, availability, and integrity of its information systems and related assets.
The Department is comprised of more than 40 Components whose missions, organizations, and technology platforms are distinct and diverse. Historically, these organizations and their information technology (IT) infrastructures evolved and operated largely independent from one another. However, growing mission needs, and constrained budgets have changed the operational model and emphasized the need for shared solutions and collaboration throughout the enterprise.
The Chief Information Officer (CIO) is responsible for direction and oversight of IT programs across the Department. The Office of the Chief Information Officer (OCIO) is administratively housed within the Justice Management Division and consists of three staffs: Cybersecurity Services, Policy and Planning, and Service Delivery. The OCIO provides IT direction and guidance to DOJ Components and is also responsible for some of DOJ’s largest technology programs.
BPA Calls are available for use by DOJ government managers on a voluntary basis. BPA Calls may also be awarded to provide services to other government organizations on behalf of the Department of Justice (DOJ).
3.3 BPA Structure
Calls issued against the BPA will be fixed price. The Orders may also have a not-to-exceed reimbursable CLIN for other direct costs (ODCs). The BPA will have an ordering period of one 12-month base period, with four 12-month option periods. The estimated value of the BPA is $15,000,000.00.
3.4 BPA Administrator
The administrator for this BPAs will be:
U.S. Department of Justice Justice Management Division Procurement Services Staff Department of Justice 145 N. Street NE Washington, DC 20002
SECTION 4 – PLATFORM SERVICE REQUIRMENTS
This section describes the Calls that the contractor is required to perform. The Platform services will specify the Call areas that will be required for that individual call. Program management Calls as described in 4.1 – 4.1.6 shall be required for each Call.
4.1 Program Management
The contractor shall provide The Platform services program administration in support of the relevant areas of this BPA contract. The duties will be described in the individual Call. Contract administration is a critical component of performance measurement and continuous feedback. The key elements of this Call area include the following:
· Quality management
· Status reporting – service and financial
· Preparation of monthly contract status reports
· Monthly contract status briefings
· Preparation and presentation of a Transition Plan (as needed). Updates to these documents may be required.
The Contractor shall identify a Program Manager (PM) who shall provide program management assistance and be directly responsible to the Department’s Contracting Officer’s Representative (COR) and government Call Lead for specific Call leadership, guidance, oversight, and daily customer communication/interface. Contractor support activities include:
· Serving as the Government’s single point of contact for all contract actions, questions, and recommendations, and being fully accountable for all contractor activities, deliverables, and results.
· Establishing, documenting, and managing the scope, schedule, and resource allocation for projects and sustaining activities.
· Performing an integrated Program Management function to ensure effective cost, schedule, and technical requirements are achieved. The Contractor shall manage the program in accordance with contract requirements, and work schedule(s).
· Identifying and resolving problems and risks that could adversely impact performance, cost and/or delivery schedule.
· Gathering and providing multiple levels of metrics for management review showing functionality of the services and value add to the organization.
4.1.1 Kick-Off Meeting
The contractor shall schedule and host a kick-off meeting with the government no later than 10 calendar days after award. The meeting will provide an introduction between contractor and government personnel and an opportunity to coordinate activities. The Contractor shall coordinate with the government for all required Calls to ensure a smooth assumption of contract responsibilities with no break in service.
4.1.2 Transition In
The Platform services may require a transition-in period. The contractor shall complete the transition-in process with no break in service or service degradation. The contractor shall provide a final Transition-In Plan within the period specified in the Platform services requirements.
4.1.3 Transition Out
The Platform services may require a transition-out plan. The contractor shall facilitate the seamless transition from the incumbent to incoming contractor or government personnel. The contractor shall provide a transition out plan within the period specified in the Platform services contract.
4.1.4 Status Reporting
The contractor shall deliver a monthly status report (MSR) and provide a status briefing by the 15th calendar day of each month. The MSR shall describe by the Platform services Call area the progress made that month and financial status. The MSR will include at a minimum:
· A brief description of ongoing activities, completed activities, and deliverables submitted during that month.
· Assessment of risks and issues that may affect performance with proposed corrective actions.
· Current funding levels by funding source.
· A chart diagramming the burn rate relative to funding levels with estimated dates of expending 75% of obligated funds and expending 100% of obligated funds.
4.1.5 Work Location and Hours of Operation
The primary work location is the Department of Justice 2 Constitution Square (2Con) facility at 145 N St NE, Washington, D.C. 20002. As a Software as a Service (SaaS), litigating Components will transfer relevant case files to the contractor’s secure enclave for processing. Upon completion, the translated/transcribed text will be transferred back to the Department. Relativity and source files will be deleted from contractor’s system.
The primary work location for The Platform services issued for other government organizations outside of DOJ will be identified in The Platform services Request for Quote.
4.1.5.1 Contractor’s Program Management Office
There is a requirement under this procurement that the prime contractor must have a program management office including the necessary resources needed to support The Platform BPA Program. To demonstrate compliance, the contractor shall provide the complete address of the office that will function as the contractor’s BPA program office, its resources onsite, and the location(s) of the staff that may be drawn upon to perform tasks.
4.1.6 Government Training Requirements
Contractor staff shall complete the following DOJ training courses:
· Computer Security Awareness Training and Rules of Behavior (general user/privilege user) – during on-boarding and annually thereafter
· Records Management – during on-boarding and ever three years thereafter
· Insider Threat – during on-boarding and annually thereafter
· Information Technology Security Professionals Training – during on-boarding and annually thereafter
4.2 Section 508 of the Rehabilitation Act
Any information and communication technology (ICT) product and service delivered as part of performance for this requirement must conform with the requirements of Section 508 as defined by the Revised Section 508 of the Rehabilitation Act.
The vendor must:
| a. | Provide an Accessibility Conformance Report (ACR) for each ICT deliverable or type of deliverable (e.g. one ACR may be developed for types of electronic documents and not for each electronic document). |
| • | Provide the ACR using the Voluntary Product Accessibility Template Version 2.1 or later, located at https://www.itic.org/policy/accessibility/vpat. |
| • | Respondents must complete each ACR in accordance with the instructions provided in the VPAT template. Each ACR must address the applicable Section 508 requirements for the applicable ICT deliverable. Each ACR shall state exactly how the ICT meets the applicable standards in the remarks/explanation’s column, or through additional narrative. All "Not Applicable" (N/A) responses must be explained in the remarks/explanation’s column or through additional narrative. |
| • | Respondents must address each standard individually and with specificity and clarify whether conformance is achieved throughout the entire ICT Item (for example - user functionality, administrator functionality, and reporting), or only in limited areas of the ICT Item. |
| b. | Provide a description of the evaluation methods used to support Section 508 conformance claims. |
| c. | Describe your approach to incorporating universal design principles to ensure ICT products or services are designed to support disabled users. |
d. Describe "typical" user scenarios and tasks, including individuals with disabilities, to ensure fair and accurate accessibility testing of the ICT product or service being offered.
4.3 Tasks
a. The transcription and translation software must be capable of integrating multiple data sources and able to handle both structured and unstructured data.
b. Provide an operating system for artificial intelligence and be able to leverage tools to develop AI-enable apps and automated workflows to include text, vision, speech, audio, and data cognitive engines.
c. Transcription feature of speech-to-text or natural language processing (NLP) to convert spoken words in audio and video recordings into readable and searchable text.
d. Export spoken word recordings as text transcripts in plain text, Microsoft Word, Timed Text Markup Language (TTML), and SubRip text formats.
e. Recognize speakers in short-form or long-form audio in audio and video recordings, detect and specify the points of time in which the person started and stopped speaking.
f. Integrate one or more of different trainable or pre-trained cognitive capabilities that include biometrics, audio, data, speech, text, and vision capabilities.
g. Have the flexibility to ingest and store various types of structured or unstructured data.
h. Import of data files from various locations such as cloud storage and local computer or network drive.
i. Detect one or multiple objects or concepts, such as colors, in an image or video and provide the feature to train and create custom models using objects in images or video specific to a specific use case.
j. Translate text in over 100 different languages and dialects and a subset locally to support a diverse user-base, workforce, or population.
k. Identify faces in videos and photos from sources such as body cameras, CCTV, photos, mobile phone video, and more.
l. Compare images of known-offenders and person-of-interest records with video and photographic evidence.
m. Capability to maintain existing legacy connections (e.g. Relativity API).
n. End user and train-the-trainer training sessions.
o. Customer Support.
SECTION 5 DELIVERIES OR PERFORMANCE
Table of Deliverables for 5.1 – Contract Administration
| Deliverables after award |
| Due |
| Monthly status report. These reports summarize the major accomplishments from the prior month. They also include any significant risks, issues, and mitigation actions recommended and already executed. The monthly status report shall also include pertinent financial and contractual information. |
| Monthly as specified in the BPA Statement of Work |
SECTION 5.0 Anticipated Period of Performance
| Base Period: | 05/30/2023– 05/29/2024 | |
| Option Year 1 | 05/30/2024 – 05/29/2025 | |
| Option Year 2 | 05/30/2025 – 05/29/2026 | |
| Option Year 3 | 05/30/2026 – 05/29/2027 | |
| Option Year 4 | 05/30/2027 – 05/29/2028 | |
| 5.1 | PRICING |
The Department contemplates the award of a single BPA for the acquisition of platform SaaS services described herein. All requirements shall be fulfilled via the issuance of individual BPA Calls placed under the contract on a firm-fixed price basis.
5.1.1 The Platform for DOJ Enterprise shall be acquired via the issuance of individual BPA Calls as identified above. All prices shown within Attachment 1 – “Pricing Table”, are fixed unit prices that shall be based on commercial rates and shall include all overhead and other expenses or charges necessary to provide the services specified in the contract/individual BPA Calls. Any financing charges shall be included as a separate line item.
5.1.2 The Department reserves the right to unilaterally increase or purchase additional support units or incidents for any Contract Line-Item Number (CLIN) ordered at any time during the term of the BPA Call. All increases must be for work within the general scope of this contract. The prices for additional support units or incidents shall be the same as the initial batch purchased for the respective CLIN.
5.1.3 The Government retains the right to extend the period of performance of a BPA Call to allow for the delivery of work that was delayed due to Contractor’s lack of staffing despite sufficient notice and planning from the Government or work performed with less than professional care and skill in accordance with the Warranty clause. A modification will be signed by both parties prior to the expiration of the term of a BPA Call extending the period of performance defining the work to be performed during the extension.
5.1.4 The Contractor shall furnish all personnel and supervision required to provide support to the Department Components agency‐wide for the support services described herewith.
5.1.5 Contract Line-Item Number (CLIN) Unique number associated with each separately priced item in the contract. The CLIN structure is composed of a prefix and a core number. The prefix corresponds to the contract period as follows: “0” for the base period, “1” for the first option period, “2” for the second option period, etc.
5.1.6 The specific CLIN and quantities ordered shall be identified in the BPA Calls issued under this contract. The exercise of the renewal options does not re-establish the contract minimum. During the life of this contract, the Department may order items in any quantity up to the maximum amount specified in paragraph (b) below. If the minimum amount has not been ordered, then the Department may exercise the option for the next year or utilize other available remedies to fulfill any outstanding obligations.
5.1.7 There are no maximum quantities or amounts for each individual CLIN, BPA Call, or contract period. The maximum aggregate amount of all BPA Calls issued under this contract shall not exceed $15,000,000.00 for the entire term of the contract, including all options which may be exercised. This maximum ordering limitation represents the Department’s best estimate of contract support which may be required under the program.
SECTION 6.0 Invoice & Payments
a. The Contractor shall render invoices under each BPA Call on the following schedule (unless approved otherwise by the COR):
Installments Payment Amount Invoice Date
| Payment #1 | $xxx,xxx.xx | (21.25%) | xx/xx/xxxx (1/4 way through PoP) | ||
| Payment #2 | $xxx,xxx.xx | (21.25%) | xx/xx/xxxx (midpoint of PoP) | ||
| Payment #3 | $xxx,xxx.xx | (21.25%) | xx/xx/xxxx (3/4 way through PoP) | ||
| Payment #4 | $xxx,xxx.xx | (21.25%) | xx/xx/xxxx (last day of PoP) | ||
| Payment #5 | $xxx,xxx.xx | (15%) | xx/xx/xxxx (completion of the PoP) | ||
| Total for Base PoP: | $x,xxx,xxx.xx | (100%) |
*Note: Any change (via modification) to the total dollar value of a specific BPA Call shall be evenly distributed across all remaining payment installments in accordance with the above schedule and effective date of the change.
b. Invoices shall be provided via email to the COR and CPVendor@usdoj.gov (unless specified otherwise by the COR). Invoices shall only be issued to the COR and shall contain a single line item referencing each open order. Each invoice shall be accompanied with an acceptance email from Government user. To constitute a proper invoice, the following information and/or attached documentation shall be included in addition to the data discussed previously in the SOW:
| i. | Name and address of the Contractor. |
| ii. | Invoice date. |
| iii. | Contract number. |
| iv. | BPA Call number. |
| v. | Period covered by the invoice. |
| vi. | Document control number (DCN). |
| vii. | CLIN number and description, quantity, unit price and extended total for the period covered. |
| viii. | Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). |
| ix. | Taxpayer Identification Number. |
| x. | Acceptance of the invoice by the designated program official. Acceptance may be provided via signature or attached email from the Government official. |
c. The COR shall certify the billed amount. Negative inspection results shall be reported immediately to the Contractor and ACO.
d. All follow-up invoices shall be marked "Duplicate of Original." Contractor questions regarding payment information or check identification should be directed to the DOJ Vendor Assistance Hotline (202) 616-6260.
e. Premier services are purchased up front via a bulk obligation. Usage against this obligation must be reviewed and accepted by the COR.
6.1 Government Contracting Officer Representative (COR)
Upon issuance of any BPA Call, a Contracting Officer Representative (COR)) will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, he/she shall not be authorized to change any terms and conditions of the resultant contract, including price.
The COR, who is also the Project Manager, is authorized to:
a. Act as liaison and to coordinate contractor/government activities.
b. Arrange for and coordinate the use of government resources (personnel, space, documents, etc.).
c. Provide technical guidance in the performance of the contract.
d. Receive, review and approve (but not reject or deny) progress reports, selected in invoices and final reports or other functions of a technical nature. The authority to reject performance and deny associated invoices is expressly reserved for the Contracting Officer.
e. Authorized to certify (but not to reject or deny) invoices for payment. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer.
The COR does not have the authority to alter the Contractor's obligations under the contract; direct changes that fall within the purview of the clause entitled "Changes" and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work Statement, the Contracting Officer shall issue such changes in writing and signed.
SECTION 7 Security Requirements
7.1 PreAppointment Background Investigations and Waivers
(a) Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work under this BPA. However, where programmatic needs do not permit the government to wait for completion of the entire background investigation, a preappointment background investigation waiver can be granted by the SPM, in consultation with the cognizant COR. The extent of the background investigation will vary depending upon the Risk Category associated with each position and whether each position is long- or short-term. Short-term is defined as contract employees having access to Federally controlled information systems and/or unescorted access to federally controlled facilities or space for six months or fewer. The requisite background investigation does not need to be initiated for short-term positions as part of the pre-employment waiver except in the case of nonU.S. citizen contract employees. However, long-term contract employees requiring unescorted access to federally controlled facilities and/or access to any federally controlled information system shall be subject to the requisite background investigations described below. A waiver will be disapproved if it develops derogatory information that cannot be resolved in the contract employee’s favor. When a waiver has been disapproved, the COR, in consultation with the SPM, will determine (1) whether the contract employee will no longer be considered for work on a DOJ contract or (2) whether to wait for the completion and favorable adjudication of the background investigation before the contract employee commences work on a department contract. The minimum preappointment investigative requirements are as follows:
| (1) High Risk Positions. The minimum background investigation required is a five-year scope Background Investigation (BI), and the five-year reinvestigation required is an Access National Agency Check with Inquiries (ANACI). The Standard Form (SF) 85P, Questionnaire for Public Trust Positions, is required. | ||
| (2) Moderate Risk Positions. The minimum background investigation required is a Minimum Background Investigation (MBI) for “moderate” impact on the integrity and efficiency of the DOJ or a Limited Background Investigation (LBI) for “serious” impact potential on the DOJ’s integrity and efficiency. The five-year reinvestigation required is a National Agency Check with Law and Credit (NACLC). The SF85P is required. | ||
| (3) Low Risk/Non-Sensitive Positions. The minimum background investigation required for Low Risk/Non-Sensitive positions is a National Agency Check with Written Inquiries (NACI) and the required five-year reinvestigation is also a NACI. The SF85, Questionnaire for NonSensitive Positions, is required. | ||
| (b) The preappointment background investigation waiver requirements include: | ||
| (1) | Favorable review of the security questionnaire form; | |
| (2) | Favorable FBI fingerprint results; | |
| (3) | Verification of citizenship (copy of a birth certificate, Naturalization Certificate, or U.S. Passport); | |
| (4) | Verification of compliance with the DOJ residency requirement; | |
| (5) | Favorable credit report for contract personnel in High Risk and Moderate Risk positions; and | |
| (6) | Verification of the initiation of the appropriate background investigation for long-term Contractor personnel. | |
| 7.2 | Required Security Forms |
(a) The following forms must be completed and submitted by the Contractor’s Corporate Security Officer for each contract employee PTI:
| (1) | FD-258 Applicant Fingerprint Card. Two sets are required per applicant. The contractor may schedule appointments with the SPM to be digitally fingerprinted; otherwise, fingerprinting by the FBI is required. All pertinent information must be completed by the individual taking the prints, or by the FBI if prints are taken there. |
| (2) | SF-85 Questionnaire for Non-Sensitive Positions -or- SF-85P Questionnaire for Public Trust Positions. The contract employee shall complete the SF-85/SF-85P via the Electronic Security Questionnaires for Investigations Processing (e-QIP) System after first obtaining access to e-QIP from the SPM (see paragraph (c) below). The contractor shall also submit a hard copy of the form (as completed and signed by the contract employee) with the remainder of the security package. |
| (3) | DOJ-555 Fair Credit Reporting Act Disclosure. Authorizes DOJ to obtain one or more consumer/credit reports on the individual. This is required for contractor personnel in High Risk and Moderate Risk positions. |
| (4) | Foreign National Relatives and Associates Statement. This is only required if any relatives listed on the SF-85/SF-85P are foreign nationals. |
| (5) | Confidentiality Agreement for Contractor and Subcontractor Employee. |
(b) The contractor shall also submit a credit report for each individual designated at the High Risk or Moderate Risk level and have resolved satisfactorily any individual credit issues.
(c) Using e-QIP. Immediately after contract award, the contractor shall designate an employee as its “e-QIP Initiator” and provide the name of this person to the COR. The e-QIP Initiator must have, at a minimum, a favorably adjudicated MBI and the appropriate DOJ security approval before being given access to e-QIP. After the e-QIP Initiator’s security approval is granted, the contractor will be configured in e-QIP as a sub-agency to DOJ. The contractor will then be responsible for initiating all contract personnel in e-QIP for completion of the security questionnaire form and forwarding the electronic form along with a hard copy of the form (as completed and signed by the contract employee) with the remainder of the security package to the designated DOJ representative. Subject to the prior approval of the SPM, the Contractor may designate an e-QIP Initiator for each subcontractor. Subcontractor e-QIP Initiators must have, at a minimum, a favorably adjudicated MBI and the appropriate DOJ security approval before being given access to e-QIP.
7.3 Citizenship and Residency Requirements
(a) Residency Requirement. Contract employees, both United States (U.S.) citizens and nonU.S. citizens, must meet the Department’s Residency Requirement, i.e., he/she must have lived in the U.S. three of the last five years immediately prior to employment under the Department contract; and/or worked for the U.S. overseas in a Federal or military capacity; and/or be a dependent of a Federal or military employee serving overseas. At the Department’s sole discretion, the residency requirement may be waived by the Department Security Officer (DSO) on a case-by-case basis were justified by extenuating circumstances.
(b) Citizenship. The DOJ gives strong priority to contract employees that are U.S. citizens and nationals. Any prospective contract employee that is a foreign national must be from a country allied with the U.S. (See http://www.opm.gov/employ/html/Citizen.htm). At the Department’s sole discretion, a waiver of the allied nations list requirement may be granted by the DSO on a case-by-case basis were justified by extenuating circumstances. The Contractor is responsible for verifying that all non-U.S. citizens working under this contract have been lawfully admitted to the U.S. contract employees requiring access to DOJ Information Technology (IT) resources are subject to the following additional restriction:
NonU.S. citizens are not authorized access to or permitted to assist in the development, operation, management or maintenance of DOJ IT systems unless a waiver has been granted by the Head of the DOJ component, with the concurrence of the DSO and the DOJ Chief Information Officer (CIO). Such a waiver will be granted only in exceptional and unique circumstances. It should be noted that the Justice Consolidated Office Network (JCON) is a sensitive “DOJ IT system” and any contract employee that will need access to JCON must be a U.S. citizen or have received a waiver.
(c) Dual Citizenship. U.S. citizens who hold dual citizenship with a foreign country may be considered for contract employment. However, how the contract employee obtained or exercises his or her dual citizenship status will be a consideration in the adjudication process.
7.4 Procedures for Pre-Screening Applicants and Investigation
(a) The contractor shall perform the following prescreening and investigation duties for all persons proposed for work under this BPA:
| (1) | Furnish to each proposed contract employee the forms described in section 7.5 above and ensure that adequate instructions for completing the forms are provided to each applicant. | |
| (2) | Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form FD258 from an organization qualified to take fingerprints. | |
| (3) | Collect completed forms from each applicant and review all forms for completeness and correctness. This includes, for example, satisfactory resolution of address issues or discrepancies. Return any incomplete or incorrect form(s) to applicant(s) to be corrected and resubmitted. | |
| (4) | Submit completed forms to the COR by no later than (14) calendar days after receipt of the blank forms and access to e-QIP has been initiated. | |
| (5) | As directed by the COR, initiate preappointment waivers for certain positions. This may entail performing credit history checks and submission of these checks as part of the security package, including satisfactory resolution of any issues prior to submission to the Government. | |
| (6) | As directed by the COR, review all forms prior to their being submitted to DOJ to ensure that candidates meet DOJ requirements, including residency and citizenship requirements. | |
| (b) The Department will be responsible for the following: | ||
| (1) | Determine the appropriate risk level for each contract employee position. | |
| (2) | Provide the contractor an adequate supply of forms and instructions for completing the forms within five business days after contract award. Ensure that the Contractor is provided access to the e-QIP system as described in 7.5(c). | |
| (3) | Ensure that completed security forms are forwarded to the appropriate investigating agency in accordance with appropriate internal procedures. The investigating agency will conduct the requisite investigations. | |
| (4) | Determine whether pre-appointment background investigation waivers will be needed, and if so, which positions will require such waivers. The COR will notify the contractor which pre-appointment waivers to initiate. | |
| (5) | Notify the contractor of the results of background investigations as they are completed and adjudicated. The COR will notify the contractor of any applicants who are found ineligible for employment security approval so that the contractor can immediately recruit and initiate paperwork to clear replacement applicants. | |
| (6) | Notify the Contracting Officer when a sufficient number of contract employees have received employment security approvals or pre-appointment waivers approvals. Upon receipt of this information and any other information which may be required elsewhere in the contract, the Contracting Officer will issue the contractor a Notice to Proceed which permits the commencement of work under the contract. | |
| (7) | Maintain an up-to-date file of Certificates of Investigation (COI) and other background investigation-related documentation for all contract employees throughout the life of the contract. |
(c) The investigating agency will furnish the relevant SPM the results of each proposed contract employee’s investigation through issuance of a Certificate of Investigation (COI). Upon receipt of the COI and any other pertinent documents from the investigating agency, the SPM will determine whether or not each proposed contract employee should be granted employment security approval. This decision process is called “adjudication.” The SPM will notify, if required, the investigating agency of the adjudicative determination of each investigation. If OPM is the investigating agency, this will be accomplished by the SPM completing and submitting to OPM an INV Form 79A, “Report of Agency Adjudicative Action.”
7.5 Identity Proofing and Badging
(a) During the life of this contract, the right to unescorted access to federally controlled facilities and/or access federally controlled information systems shall be made available after the contract employees have (1) met the identity proofing requirements outlined below, and (2) completed all other security requirements stated elsewhere in this contract. During all operations on government premises, the contract employees shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The government reserves the right to require contract employees to "sign-in" upon entry and "sign-out" upon departure from the DOJ facility.
(b) All contract employees requiring unescorted access to Federally controlled facilities and/or access to federally controlled information systems (regardless of whether they will be issued a DOJ badge), shall comply with the identity proofing and registration requirements outlined below:
| (1) | Contract employees must present two forms of identification in original form prior to commencement of work under this contract and badge issuance (acceptable documents are listed in Form I9, OMB No. 1615-0047, “Employment Eligibility Verification,” and at least one document must be a valid State or Federal governmentissued picture ID). |
| (2) | Contract employees must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed prior to commencement of work under this contract and badge issuance (as applicable) and must be documented by the DOJ official. |
(c) All contract employees requiring unescorted access to a DOJ controlled facility shall comply with the badge requirements outlined below:
| (1) | When any Contractor employees enter a DOJ building for the first time, the contract employees shall allow one hour for security processing and the fabrication of buildings access badges. |
| (2) | Building access badges shall be subject to periodic review by the Contractor's Supervisor and checked against the employee's personal identification. The contract employees shall present themselves for the issuance of renewed badges when required by the government as scheduled by the COR or his designee. The contractor shall notify the COR when employee badges are lost and must immediately apply for reissuance of a replacement badge. The contractor shall pay for reissued building access badges. It is the contractor's responsibility to return badges to the COR or his designee when a contract employee is dismissed, terminated or assigned to duties not within the scope of this contract. |
| 7.6 | Replacement Personnel (where applicable) |
(a) Security investigations are very costly to the Government. The contractor shall make every effort to preclude incurrence of costs by the government for security investigations for replacement of employees, and in so doing, shall assure that otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one (1) year. The contractor shall take all necessary steps to assure that contractor personnel who are selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein.
(b) The fact that the government performs security investigations shall not in any manner relieve the contractor of its responsibility to assure that all personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the government render ineligible a contractor furnished employee, the Contracting Officer will investigate the cause and determine whether the contractor has abdicated its responsibilities to make every effort to select reliable employees of reputable background and sound character. Should there be need to replace a contract employee due to nonperformance, the Contracting Officer will determine whether the contractor has abdicated its responsibilities to make every effort to select trained and experienced employees.
(c) Should the Contracting Officer determine that the contractor has failed to comply with the terms of Section 7 the contractor may be held monetarily responsible, at a minimum, for all reasonable and necessary costs incurred by the government to (a) provide coverage (performance) through assignment of individuals employed by the government or third parties in those cases where absence of contractor personnel would cause either a security threat or DOJ program disruption and (b) conduct security investigations in excess of those which would otherwise be required.
(d) Nothing in this Clause shall require the contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased or severely ill for a long period of time.
(e) Acceptance by the government of consideration to which the government may be entitled pursuant to paragraph (c) above shall not be construed to establish a course of conduct which will serve to limit the rights and remedies otherwise available to the Government. Under no circumstances shall the contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to this Clause. The rights and remedies conferred upon the government by this Clause are in addition to all and other rights and remedies specified elsewhere in this contract or established by law.
7.8 Contractor Facility
(a) The contractor shall implement physical controls as necessary to maintain the integrity and confidentiality of all data/information in its possession. At a minimum, the following requirements shall be in effect for contractor-controlled spaces where information is processed and/or stored:
| (1) | Access to the facility shall be limited to contractor personnel or those escorted by contractor personnel. |
| (2) | Document/media storage areas shall be restricted to persons requiring access to them on a need-to-know basis and have a security access approval or clearance granted by the DOJ. |
| (3) | All areas designated for the storage of Grand Jury information require locked entrances and exits during non-working hours or a steel file cabinet that can be secured with a steel lock-bar and a General Services Administration approved changeable combination padlock, or its equivalent. Grand Jury information containing other types of sensitive information such as Federal Tax Return information, witness security information, and other types of highly sensitive information that have more stringent security requirements shall be stored and protected pursuant to security regulations governing such information and special security instructions provided by the organization originating the information. Grand Jury information containing classified NSI must be handled, processed, and stored in accordance with Executive Order 12958, as amended, or its successor. |
| (4) | All designated storage areas/containers must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COR or COR designee. |
(b) When Grand Jury information is in actual use by authorized personnel, it shall be protected as follows:
| (1) | Kept under constant review by an authorized person who is in a physical position to exercise direct security controls over the material; |
| (2) | Covered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present; |
| (3) | The room containing the materials must be locked when vacated for short periods of time; and |
| (4) | Returned to storage containers/areas as soon as practical after use. |
| 7.9 | Automation Equipment and Media Materials |
(a) At the conclusion of the contract period, all media materials used in conjunction with this contract shall be turned in to the DOJ for destruction. This includes not only paper records, but also all removable, "consumable" media such as floppy disks, magnetic tapes, typewriter ribbons, CD-ROMs, DAT tapes, etc. Any of these media materials that become defective during contract performance shall be immediately turned in to the DOJ for destruction. The government will not compensate the contractor for the costs of these media materials.
(b) At the conclusion of the contract period, the contractor shall sanitize all other media which has been used in connection with contract work, such as PC hard drives and memory, network server hard drives and memory, etc. according to DOJ approved procedures. For example, the government will require the Contractor to degauss all such media, or to write over the media a specified number of times (e.g., five times using software such as Norton Disk Wipe). The contractor will also be required to provide itemized certification that the degaussing has been completed for all equipment used in connection with the contract. If the contractor is unable to degauss or sanitize the media to the satisfaction of the SPM, the contractor must turn the media over to the government for destruction. The government will not compensate the contractor for the cost of this effort.
(c) If any PCs, hard drives, memory, servers, etc. used in connection with the contract become defective during the contract performance period, the contractor must either turn the media over to the government for destruction or sanitize the media in accordance with government approved procedures and certify the sanitization. This also applies, of course, to equipment/media the contractor chooses to sell or dispose of for other reasons. The government will not compensate the contractor for the cost of this effort.
(d) The government reserves the right to inspect any equipment/media certified by the contractor as having been degaussed or sanitized.
(e) The Contractor must ensure that sensitive/classified information does not remain on the storage media, including hard disks and floppy disks, when the PC is removed from the Contractor's area for maintenance or other use. Maintenance personnel must be escorted and monitored by Department or contractor personnel when allowed to perform on-site maintenance for the equipment. The storage media must be removed from the PC prior to removal of the PC from the area for maintenance.
(f) Any removable storage media must be appropriately marked with the classification level. Critical NSI or classified information must be backed up on storage media that are stored in a security container, preferably apart from the immediate work area.
7.10 Data Communications
(a) The contractor is responsible for ensuring the security of all data transmitted internally (e.g., within and between Contractor facilities) and data transmitted between the contractor and its subcontractors. For transmission of sensitive, non-classified data, the COR may require the data to be encrypted in compliance with Federal Information Processing Standard (FIPS) 46-2, Data Encryption Standard (DES) and "Security Level 1" of FIPS 140-1, Security Requirements for Cryptographic Modules, or their successors.
(b) All encryption devices must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COR or COR designee.
7.11 Confidentiality of Data
(a) Duplication or disclosure of the data and other information to which the Contractor will have access as a result of this contract is prohibited. The terms “Contractor” and “contract employee” in this clause include all entities and individuals that will perform under this contract, including the Contractor, team member, subcontractor, consultant, and/or independent contractor. It is understood that throughout performance of this contract, the Contractor will have access to confidential data which is either the sole property of the Department of Justice or is the sole property of other than the contracting parties. The Contractor agrees to maintain the confidentiality of all data to which access may be gained throughout contract performance, whether title thereto vests in the Department of Justice or otherwise. “Data” in this context also includes any information about the cases or investigations the contractor is working on, including the names and subject matters of the cases or investigations. (Attachment 3) The Contractor agrees not to disclose or divulge any such information except to persons who:
| Have a DOJ security approval, |
| Have signed the DOJ Non-Disclosure Agreement, and |
| Have a need to know. |
This limitation specifically applies to the Contractor’s management chain.
(b) The Contractor agrees to not disclose said data, any interpretations and/or translations thereof, or data derivative there from, to unauthorized parties in contravention of these provisions, without the prior written approval of the Contracting Officer or the party in which title thereto is wholly vested. The Contractor may be held responsible for any violations of confidentiality.
(c) The Contractor agrees that upon termination of the contract, it has no property or possessory right to any of the correspondence, files or materials, of whatever…
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