For Official Use Only: RFP No. DJF-18-2200-PR-0012096 Bombardier Dash8-Q400 Aircraft Maintenance

FOR OFFICIAL USE ONLY
RFP No. DJF-18-2200-PR-0012096

Bombardier Dash8-Q400 Aircraft Maintenance
Attachment 3 – Additional Clauses and Provisions
52.252-1 Solicitation Provisions Incorporated by Reference (Aug 2018)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that
must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting
the full text of those provisions, the offeror may identify the provision by paragraph identifier and
provide the appropriate information with its quotation or offer. Also, the full text of a solicitation
provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/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/these address(es):
https://www.acquisition.gov/far
(End of Clause)
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FAR FAR
Clause/Provision Clause/Provision
Numbers FAR Clause/Provision Title Date
52.203-7 Anti-Kickback Procedures May 2014
52.203-13 Contractor Code of Business Ethics Oct 2015
52.204-2 Security Requirements Aug 1996
52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011
52.209-7 Information Regarding Responsibility Matters Jul 2013
Representation by Corporations Regarding Delinquent Tax Liability or
52.209-11 a Felony Conviction Under any Federal Law Feb 2016
52.212-3 Offerors Representation and Certifications - Commercial Items Aug 2018
52.212-4 Contract Terms and Conditions – Commercial Items Alt I Jan 2017
52.216-7 Allowable Cost and Payment Jun 2013
52.216-27 Single or Multiple Awards Oct 1995
52.217-8 Option to Extend Services Nov 1999
52.222-1 Payment for Overtime Premiums ($0.00) Jul 1990
52.223-6 Drug-Free Workplace May 2001
52.225-13 Restrictions on Certain Foreign Purchases Jun 2008
Prohibition on Engaging in Sanctioned Activities Relating to Iran –
52.225-25 Certification Oct 2015
52.227-17 Rights in Data-Special Works Dec 2007
52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts Aug 2012
52.232-18 Availability of Funds Apr 1984
52.232-19 Availability of Funds for the Next Fiscal Year Apr 1984
52.232-22 Limitation of Funds Apr 1984
52.232-39 Unenforceability of Unauthorized Obligations Jun 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013
52.242-13 Bankruptcy Jul 1995
52.244-6 Subcontracts for Commercial Items Nov 2017
52.245-1 Government Property (Jan 2017) Alternate I Apr 2012
52.245-9 Use and Charges Apr 2012
52.246-20 Warranty of Services May 2001
52.209-7 Information Regarding Responsibility Matters (JUL 2013)
(a) Definitions. As used in this provision—
“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order

to make a determination of fault or liability (e.g., Securities and Exchange Commission
Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed
Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the
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Federal and State level but only in connection with performance of a Federal contract or grant. It
does not include agency actions such as contract audits, site visits, corrective plans, or inspection
of deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means—
(1) The total value of all current, active contracts and grants, including all priced options; and (2)
The total value of all current, active orders including all priced options under indefinite-delivery,
indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-
award Schedules).
“Principal” means an officer, director, owner, partner, or a person having primary management
or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total
value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by
submission of this offer, that the information it has entered in the Federal Awardee Performance
and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of
submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in
connection with the award to or performance by the offeror of a Federal contract or grant, been
the subject of a proceeding, at the Federal or State level that resulted in any of the following
dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary
fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or

compromise with an acknowledgment of fault by the Contractor if the proceeding could have led
to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
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(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1)
of this provision, whether the offeror has provided the requested information with regard to each
occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this
provision in FAPIIS as required through maintaining an active registration in the System for
Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.212-1 Instructions to Offerors -- Commercial Items (Jan 2017)
(a) North American Industry Classification System (NAICS) code and small business size
standard. The NAICS code and small business size standard for this acquisition is 488190.
However, the small business size standard for a concern which submits an offer in its own name,
but which proposes to furnish an item which it did not itself manufacture, is $32,500,000.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation
at or before the exact time specified in this solicitation. Offers may be submitted on an SF 1449,
letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must
show –
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate
compliance with the requirements in the solicitation. This may include product literature,
or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR
52.212-3(b) for those representations and certifications that the offeror shall complete
electronically);
(9) Acknowledgment of Solicitation Amendments;
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(10) Past performance information, when included as an evaluation factor, to include

recent and relevant contracts for the same or similar items and other references (including
contract numbers, points of contact with telephone numbers and other relevant
information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the
extent of agreement with all terms, conditions, and provisions included in the solicitation.
Offers that fail to furnish required representations or information, or reject the terms and
conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90
calendar days from the date specified for receipt of offers, unless another time period is
specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or
prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation,
these samples shall be submitted at no expense to the Government, and returned at the sender’s
request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative
terms and conditions, including alternative line items (provided that the alternative line items are
consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial
items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated
separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or
withdrawals, so as to reach the Government office designated in the solicitation by the
time specified in the solicitation. If no time is specified in the solicitation, the time for
receipt is 4:30 p.m., local time, for the designated Government office on the date that
offers or revisions are due.
(2)
(i) Any offer, modification, revision, or withdrawal of an offer received at the
Government office designated in the solicitation after the exact time specified for
receipt of offers is “late” and will not be considered unless it is received before
award is made, the Contracting Officer determines that accepting the late offer
would not unduly delay the acquisition; and—
(A) If it was transmitted through an electronic commerce method

authorized by the solicitation, it was received at the initial point of entry to
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the Government infrastructure not later than 5:00 p.m. one working day
prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the

Government installation designated for receipt of offers and was under the
Government’s control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal
received.
(ii) However, a late modification of an otherwise successful offer, that makes its
terms more favorable to the Government, will be considered at any time it is
received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation
includes the time/date stamp of that installation on the offer wrapper, other documentary
evidence of receipt maintained by the installation, or oral testimony or statements of
Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so

that offers cannot be received at the Government office designated for receipt of offers by
the exact time specified in the solicitation, and urgent Government requirements preclude
amendment of the solicitation or other notice of an extension of the closing date, the time
specified for receipt of offers will be deemed to be extended to the same time of day
specified in the solicitation on the first work day on which normal Government processes
resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time
set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn
orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via
facsimile received at any time before the exact time set for receipt of offers, subject to the
conditions specified in the solicitation concerning facsimile offers. An offer may be
withdrawn in person by an offeror or its authorized representative if, before the exact
time set for receipt of offers, the identity of the person requesting withdrawal is
established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate
offers and award a contract without discussions with offerors. Therefore, the offeror’s initial
offer should contain the offeror’s best terms from a price and technical standpoint. However, the
Government reserves the right to conduct discussions if later determined by the Contracting
Officer to be necessary. The Government may reject any or all offers if such action is in the
public interest; accept other than the lowest offer; and waive informalities and minor
irregularities in offers received.
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(h) Multiple awards. The Government may accept any item or group of items of an offer, unless
the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule,
offers may not be submitted for quantities less than those specified. The Government reserves
the right to make an award on any item for a quantity less than the quantity offered, at the unit
prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)
(i) The GSA Index of Federal Specifications, Standards and Commercial Item
Descriptions, FPMR Part 101-29, and copies of specifications, standards, and
commercial item descriptions cited in this solicitation may be obtained for a fee
by submitting a request to—
GSA Federal Supply Service Specifications Section
Suite 8100
470 L’Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925)
Facsimile (202 619-8978).
(ii) If the General Services Administration, Department of Agriculture, or

Department of Veterans Affairs issued this solicitation, a single copy of
specifications, standards, and commercial item descriptions cited in this
solicitation may be obtained free of charge by submitting a request to the
addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued
for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the
following ASSIST websites—
(i) ASSIST (https://assist.dla.mil/online/start/ ).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of
Defense Single Stock Point (DoDSSP) by—
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(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730
to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue,

Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-
1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization

responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if
the solicitation requires the Contractor to be registered in the System for Award Management
(SAM) database.) The Offeror shall enter, in the block with its name and address on the cover
page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity
identifier that identifies the Offeror's name and address. The Offeror also shall enter its
Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character
suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to
establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for
the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity
designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The
Offeror should indicate that it is an offeror for a Government contract when contacting the entity
designated at www.sam.gov for establishing the unique entity identifier.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by
submission of an offer, the offeror acknowledges the requirement that a prospective awardee
shall be registered in the SAM database prior to award, during performance and through final
payment of any contract resulting from this solicitation. If the Offeror does not become
registered in the SAM database in the time prescribed by the Contracting Officer, the
Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
Offerors may obtain information on registration and annual confirmation requirements via the
SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall
disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed
offeror’s offer.
(2) The overall evaluated cost or price and technical rating of the successful and
debriefed offeror and past performance information on the debriefed offeror.
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(3) The overall ranking of all offerors, when any ranking was developed by the agency
during source selection.
(4) A summary of rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered
by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to

whether source-selection procedures set forth in the solicitation, applicable regulations,
and other applicable authorities were followed by the agency.
(End of Provision)
52.212-2 -- Evaluation -- Commercial Items (Oct 2014)
(a) The Government will conduct a technical evaluation based on Lowest Priced, Technically
Acceptable proposals submitted using the non-price factor listed below, assigning a rating of
Pass or Fail. In order to be considered technically acceptable, each proposal must be determined
technically acceptable (Pass) under each factor in order to be considered for award. An
unacceptable rating (Fail) at any one factor makes the entire proposal unacceptable. Proposals
will be evaluated for acceptability but not ranked using the non-cost/price factor. Trade-offs
between price and non-price factor are not permitted. The following shall be used to evaluate
offers:
(i) management/technical capability for the service offered to meet the Government
requirement and past performance;
(ii) price;
Management/technical capability and past performance, when combined, are significantly higher
than price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price
for all options to the total price for the basic requirement. Evaluation of options shall not obligate
the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the offer, shall result in a binding
contract without further action by either party. Before the offer’s specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after
its receipt, unless a written notice of withdrawal is received before award.
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(End of Provision)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (Aug 2018)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77,
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 (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
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
2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
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___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117,
section 743 of Div. C).
X (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).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (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]
___ (14) (i) 52.219-6, Notice of Total Small Business 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 (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and
(3)).
X (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
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X (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Nov 2016) 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)).
X (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 (Nov
2011) (15 U.S.C. 657f).
X (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (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 (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016)
(E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)
(29 U.S.C. 793).
X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
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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 (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 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 Television (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.
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X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug
2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
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).
___ (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 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 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)).
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___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
___ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management
(Jul 2013) (31 U.S.C. 3332).
_X__ (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)(12)).
___ (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.
(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.]
X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (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) (May 2014) (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).
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___ (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) (E.O. 13658).
___ (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).
___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-
O0021) (SEP 2018)
(a) Comptroller General Examination of Record. The Contractor shall comply with the
provisions of this paragraph (a) 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.
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(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is
not required to flow down any FAR clause, other than those in this paragraph (b) (1) 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

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in
(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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.
(v) 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.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
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(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).
(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.
chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain
Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(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).
(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) 52.247-64, 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.
(End of clause)
(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
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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.
(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) 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

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
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(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 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.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627).
(xiii) 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.).
(xiv) 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) .
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 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).
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(xx) 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.
(xxi) 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.
(End of Clause)
52.216-1 Type of Contract (Apr 1984)
The Government contemplates award of multiple Indefinite-Delivery-Indefinite-Quantity (IDIQ)

contracts with firm-fixed-price (FFP) and Time and Material (T&M) CLINs resulting from this
solicitation.
(End of Provision)
52.216-18 Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of
delivery orders or task orders by the individuals or activities designated in the Schedule. Such
orders may be issued from the effective date of the contract through 60 months.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In
the event of conflict between a delivery order or task order and this contract, the contract shall
control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits
the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce
methods only if authorized in the Schedule.
(End of Clause)
52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract
in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the
Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
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(1) Any order for a single item in excess of $1,000,000.00;
(2) Any order for a combination of items in excess of $7,000,000.00; or
(3) A series of orders from the same ordering office within thirty (30) days that together call for
quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-
21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part
of any one requirement from the Contractor if that requirement exceeds the maximum-order
limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order
exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is
returned to the ordering office within ten (10) days after issuance, with written notice stating the
Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this
notice, the Government may acquire the supplies or services from another source.
(End of Clause)
52.216-22 Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for
the period stated, in the Schedule. The quantities of supplies and services specified in the
Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance
with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered,
the supplies or services specified in the Schedule up to and including the quantity designated in
the Schedule as the "maximum." The Government shall order at least the quantity of supplies or
services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule,
there is no limit on the number of orders that may be issued. The Government may issue orders
requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that
period shall be completed by the Contractor within the time specified in the order. The contract
shall govern the Contractor's and Government's rights and obligations with respect to that order
to the same extent as if the order were completed during the contract's effective period; provided,
that the Contractor shall not be required to make any deliveries under this contract after 12
months from the last day of the ordering period.
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(End of Clause)
52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item

Acquisition (Feb 2007)
(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of

contract resulting from this solicitation. (b) The offeror must specify fixed hourly rates in its
offer that include wages, overhead, general and administrative expenses, and profit. The offeror
must specify whether the fixed hourly rate for each labor category applies to labor performed
by—
(1) The offeror;
(2) Subcontractors; and/or
(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.
(End of provision)
52.217-8 -- Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the
rates specified in the contract. These rates may be adjusted only as a result of revisions to
prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised
more than once, but the total extension of performance hereunder shall not exceed 6 months. The
Contracting Officer may exercise the option by written notice to the Contractor within _30 days.
(End of Clause)
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of the contract by written notice to the Contractor
within 60 calendar days prior to the end of the contract term; provided that the Government gives
the Contractor a preliminary written notice of its intent to extend at 30 calendar days before the
contract expires. The preliminary notice does not commit the Government to an extension.
(End of Clause)
52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)
Funds are not presently available for performance under this contract beyond September 30 of
the base year or any option year exercised. The Government’s obligation for performance of this
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contract beyond that date is contingent upon the availability of appropriated funds from which
payment for contract purposes can be made. No legal liability on the part of the Government for
any payment may arise for performance under this contract beyond September 30 of the base
year or any option year exercised, until funds are made available to the Contracting Officer for
performance and until the Contractor receives notice of availability, to be confirmed in writing
by the Contracting Officer.
(End of Clause)
JAR 2852.201-70 Contracting Officer’s Representative (COR) (Jan 1985)
A. An individual that shall be named upon contract award is hereby designated to act as the
Contracting Officer’s Representative (COR) under this contract.
B. The COR is responsible, as applicable, for: receiving all deliverables, inspecting and
accepting the supplies or services provided hereunder in accordance with the terms and
conditions of this contract; providing direction to the contractor which clarifies the contract
effort, fills in details or otherwise serves to accomplish the contractual Scope of Work;
evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or
services furnished for payment.
C. The COR does not have the authority to alter the Contractor's obligations under the contract;
and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If
as a result of technical discussions, it is desirable to alter/change contractual obligations or the
Scope of Work, the Contracting Officer shall issue such changes.
(End of clause)
JAR 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June
1996)
(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor
or Government employees to a hazardous material as defined in Federal Standard No. 313, and
any revisions thereto during the term of this contract, or any other material or working condition
designated by the Contracting Officer's Technical Representative (COTR) as potentially
hazardous and requiring safety controls.
(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and
administering regulations that require contractors to apprise its employees of all hazards to which
they may be exposed in the course of their employment; proper conditions and precautions for
safe use and exposure; and related symptoms and emergency treatment in the event of exposure.
(c) Prior to commencement of work, contractors are required to inspect for and report to the
contracting officer or designee the presence of, or suspected presence of, any unsafe condition
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including asbestos or other hazardous materials or working conditions in areas in which they will
be working.
(d) If during the performance of the work under this contract, the contractor or any of its
employees, or subcontractor employees, discovers the existence of an unsafe condition, the
contractor shall immediately notify the contracting officer, or designee, (with written notice
provided not later than three (3) working days thereafter) of the existence of an unsafe condition.
Such notice shall include the contractor's recommendations for the protection and the safety of
Government, contractor and subcontractor personnel and property that may be exposed to the
unsafe condition.
(e) When the Government receives notice of an unsafe condition from the contractor, the parties
will agree on a course of action to mitigate the effects of that condition and, if necessary, the
contract will be amended. Failure to agree on a course of action will constitute a dispute under
the Disputes clause of this contract.
(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying
with applicable Federal, State, and local laws, codes, ordinances and regulations (including the
obtaining of licenses and permits) in connection with hazardous material including but not
limited to the use, disturbance, or disposal of such material.
(End of Clause)
DOJ Local Clauses
DJAR-PGD-05-10 Electronic Subcontracting Reporting System (eSRS) - DOJ Procurement

Guidance Document (PGD) 05-10
Electronic Subcontracting Reporting System (eSRS) The requirement for the submittal of paper
versions of the Standard Form (SF) 294, Subcontracting Reports for Individual Contracts, and SF
295, Summary Subcontract Reports, as provided in the Federal Acquisition Regulation (FAR)
52.219-9(j) is hereby deleted and is replaced with the electronic submittal of data under the
Electronic Subcontract Reporting System (eSRS). The offeror's subcontracting plan shall include
assurances that the offeror will (1) submit the Individual Subcontracting Reports and Summary
Subcontracting Reports under the eSRS and (2) ensure that its subcontractors agree to submit
Individual Subcontracting Reports and Summary Subcontracting Reports at all tiers, in eSRS.
The contractor or subcontractor shall provide such information that will allow applicable lower
tier subcontractors to fully comply with the statutory requirements of FAR 19.702.
(End of Clause)
DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandemic or Other

Emergency
Continuing Contract Performance During a Pandemic Influenza or other National Emergency
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During a Pandemic or other emergency we understand that our contractor workforce will
experience the same high levels of absenteeism as our federal employees. Although the
Excusable Delays and Termination for Default clauses used in government contracts list
epidemics and quarantine restrictions among the reasons to excuse delays in contract
performance, we expect our contractors to make a reasonable effort to keep performance at an
acceptable level during emergency periods.
The Office of Personnel Management (OPM) has provided guidance to federal managers and
employees on the kinds of actions to be taken to ensure the continuity of operations during
emergency periods. This guidance is also applicable to our contract workforce. Contractors are
expected to have reasonable policies in place for continuing work performance, particularly
those performing mission critical services, during a pandemic influenza or other emergency
situation.
The types of actions a federal contractor should reasonably take to help ensure performance are:
Encourage employees to get inoculations or follow other preventive measures as advised by the
public health service.
Contractors should cross-train workers as backup for all positions performing critical services.
This is particularly important for work such as guard services where telework is not an option.
• Implement telework to the greatest extent possible in the workgroup so systems are in place to
support successful remote work in an emergency.
• Communicate expectations to all employees regarding their roles and responsibilities in relation
to remote work in the event of a pandemic health crisis or other emergency.
Establish communication processes to notify employees of activation of this plan.
• Integrate pandemic health crisis response expectations into telework agreements.
With the employee, assess requirements for working at home (supplies and equipment needed for
an extended telework period). Security concerns should be considered in making equipment
choices; agencies or contractors may wish to avoid use of employees' personal computers and
provide them with PCs or laptops as appropriate.
• Determine how all employees who may telework will communicate with one another and with
management to accomplish work.
Practice telework regularly to ensure effectiveness.
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• Make it clear that in emergency situations, employees must perform all duties assigned by
management, even if they are outside usual or customary duties.
• Identify how time and attendance will be maintained.
It is the contractor's responsibility to advise the government contracting officer if they anticipate
not being able to perform and to work with the Department to fill gaps as necessary. This means
direct communication with the contracting officer or in his/her absence, another responsible
person in the contracting office via telephone or email messages acknowledging the contractors
notification.
The incumbent contractor is responsible for assisting the Department in estimating the adverse
impacts of nonperformance and to work diligently with the Department to develop a strategy for
maintaining the continuity of operations.
(End of Clause)
Requirements for Procurement of Critical Assets
Every effort must be made to ensure that supplies are provided and integrated and services are
performed using sound security components, practices, and procedures. Acquisition of supplies
or services from concerns under Foreign Ownership, Control, or Influence (FOCI) or of supplies
developed, manufactured, maintained, or modified by concerns under FOCI (any or all of which
shall be referred to herein as "Use of FOCI source") is of serious concern and must be approved
prior to contract award. Approval decisions will be made on a case by case basis after the source
or technology has been identified by the Offeror and subjected to a risk assessment.
The risk assessment process will vary depending on the acquisition type and proposed use of a
FOCI source, available risk mitigation measures, and the information/justification provided by
the Offeror.
Any Offeror responding to this Request for Proposal (RFP), Request for Quotation (RFQ), or
Sealed Bid acknowledges the Government's requirements to secure services or equipment from
firms which are not under Foreign Ownership, Control, or Influence (FOCI), or where any FOCI,
in the opinion of the Government, adversely impacts on National Security or security
requirements. The Offeror understands and agrees that the Government retains the right to reject
any response to this RFP, RFQ, or Sealed Bid made by the Offeror, without any further recourse
by or explanation to the Offeror, if the FOCI for that Offeror is determined by the Government to
be an unacceptable security risk.
Risk assessments will be on a case by case basis and will be used to determine whether the use of
a FOCI source poses an unacceptable security risk. If an unacceptable security risk is
determined, the Government retains the right to reject the use of a FOCI source or to require that
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RFP No. DJF-18-2200-PR-0012096
certain risk mitigation measures be taken by the Offeror. Similarly, the Government retains the
unilateral right to approve the use of a FOCI source when the risk assessment indicates that such
use would be in the Governments' best interests. If the use of a FOCI source is not approved, no
classified information will be disclosed to the Offeror as part of the Government's rationale for
non-approval. The Offeror (prime and subs) may not seek reimbursement from the Government
for any costs associated with responding to this RFP, RFQ or Sealed Bid, as a result of a FOCI
non-approval decision.
In Section K, Offerors shall complete the Acquisition Risk Questions and Key Management
Personnel Listing (KMPL) for the prime contractor and all proposed subcontractors. Provision
of false information shall be cause for default under the Default Clause of this contract.
The information in Section K regarding Key Management Personnel, which may identify U.S.
persons, is being requested pursuant to the National Security Act of 1947, as amended, Executive
Order 12829, National Industrial Security Program, and Intelligence Community Directive 731,
Supply Chain risk Management, or superseding Acts, Orders or Directives. The FBI will use this
information to conduct the acquisition risk determination and may share the information
internally and externally with members of the Intelligence Community and other U.S.
Government entities, if necessary, consistent with appropriate routine uses for its Central
Records System (CRS), Justice/FBI-002, last published in full in the Federal Register on
February 20, 1998 (63 Fed. Reg. 8671), or any updates thereto. In the absence of proof of death
of any of the Key Management Personnel, their consent, or an overriding public interest, the
information will not otherwise be disseminated except pursuant to the routine uses for the CRS.
The Government reserves the right to prohibit individuals who are not U.S. citizens from all or
certain aspects of the work to be performed under this Contract.
Foreign Ownership, Control, or Influence (FOCI) For purposes of this clause, a U.S. company
is considered under FOCI whenever a foreign interest has the power, direct or indirect, and
whether or not exercisable through the ownership of the U.S. company's securities, by
contractual arrangements or other means, to direct or decide matters affecting the management or
operations of that company.
Changed conditions, such as change in ownership, indebtedness, or the foreign intelligence

threat, may justify certain adjustments to the security terms under which a company is operating,
or, alternatively, that different FOCI mitigation measures be employed. If a changed condition is
of sufficient significance, it might also result in a determination that a company is no longer
considered to be under FOCI. There is a continuing obligation of the Selected Offeror to advise
the Government of such changed conditions. Failure to abide by this obligation shall be cause
for default under the Default Clause of this contract.
Factors: The following factors will be used as the basis for making an acquisition risk
determination. If the Offeror, or its proposed subcontractors, meet any of the following factors,
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RFP No. DJF-18-2200-PR-0012096
they must identify themselves as a potential FOCI company and submit themselves for a
Government FOCI evaluation and risk assessment:
(1) Ownership or beneficial ownership, direct or indirect, of 5 percent or more of the Offeror's
company's voting securities by a foreign person.
(2) Ownership or beneficial ownership, direct or indirect, of 25 percent or more of any class of
the Offeror's company's non- voting securities by a foreign person.
(3) Management positions, such as directors, officers, or executive personnel of the Offeror's
company held by non-U.S. citizens.
(4) Foreign person power, direct or indirect, to control the election, appointment, or tenure of
directors, officers or executive personnel of the Offeror's company or other decisions or activities
of the Offeror's company.
(5) Contracts, agreements, understandings, or arrangements between the Offeror's company and
a foreign person.
(6) Loan arrangements between the Offeror's company and a foreign person if the Offeror's
company's (the borrower) overall debt to equity ratio is 40:60 or greater; or financial obligations
that are subject to the ability of a foreign person to demand repayment.
(7) Annual total revenues or net income in excess of 5 percent from a single foreign person or in
excess of 30 percent from foreign persons in the aggregate.
(8) Ten percent or more of any class of the Offeror's voting securities held in "nominee shares",
in "street names", or in some other method that does not disclose the beneficial ownership of
equitable title.
(9) Interlocking directors with foreign persons and any officer or management official of the
Offeror's company who is also employed by a foreign person.
(10) Any other factor that indicates or demonstrates a capability on the part of foreign persons to
control or influence the operations or management of the Offeror's company.
(11) Ownership of 10 percent or more of any foreign interest.
Every effort must be made to ensure that supplies are provided and integrated and services are
performed using sound security components, practices, and procedures. Acquisition of supplies
or services from concerns under Foreign Ownership, Control, or Influence (FOCI) or of supplies
developed, manufactured, maintained, or modified by concerns under FOCI (any or all of which
shall be referred to herein as "Use of FOCI source") is of serious concern and must be approved
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RFP No. DJF-18-2200-PR-0012096
prior to contract award and evaluated during contract performance. Approval decisions will be
made on a case by case basis after the source or technology has been identified by the Offeror
and subjected to a risk assessment.
Any Offeror responding to this Request for Proposal (RFP), Request for Quotation (RFQ), or
Sealed Bid acknowledges the Government's requirements to secure services or equipment from
firms which are not an acquisition risk; are not under Foreign Ownership, Control, or Influence
(FOCI); or where any FOCI, in the opinion of the Government, adversely impacts on National
Security or security requirements. The Offeror understands and agrees that the Government
retains the right to reject any response to this RFP, RFQ, or Sealed Bid made by the Offeror,
without any further recourse by or explanation to the Offeror, if the acquisition risk for that
Offeror is determined by the Government to be an unacceptable security risk.
The risk assessment process will vary depending on the acquisition type and proposed use of a
FOCI source, available risk mitigation measures, and the information/justification provided by
the Offeror.
Risk assessments will be on a case by case basis and will be used to determine whether the use of
a FOCI source poses an unacceptable security risk. If an unacceptable security risk is
determined, the Government retains the right to reject the use of a FOCI source or to require that
certain risk mitigation measures be taken by the contractor. Similarly, the Government retains
the unilateral right to approve the use of a FOCI source when the risk assessment indicates that
such use would be in the Governments' best interests. If the use of a FOCI source is not
approved, no classified information will be disclosed to the Offeror as part of the Government's
rationale for non-approval. The Offeror (prime and subs) may not seek reimbursement from the
Government for any costs associated with responding to this RFP, RFQ, or Sealed Bid, as a
result of a FOCI non-approval decision.
(End of Clause)
SECURITY REQUIREMENTS
All FBI aircraft shall be hangered or secured if left outside overnight. Only direct Contractor employees
or their approved sub-contractors that are required to complete maintenance tasks shall have access to FBI
aircraft, no exceptions.
ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS
Requirements, as identified below, to include approval by the FBI's Security Division, shall be
satisfied prior to access:
Contractors who will require escorted access, to include short-term, intermittent, or infrequent
access, to an FBI facility shall complete an "Access of Non-FBI Personnel to FBI Facilities,
Background Data Information Form," (FD 816), a "Privacy Act of 1974 Acknowledgment Form"
(FD 484) and two Fingerprint Cards (FD 258). Completed forms should be provided to the
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RFP No. DJF-18-2200-PR-0012096
assigned Contracting Officer's Technical Representative (COTR) at least 10 days prior to
required access.
Individuals requiring unescorted access to an FBI facility must complete the Standard Form 86
(SF-86), Questionnaire for National Security Positions, using the Office of Personnel
Management’s Electronic Questionnaires for Investigations Processing (e-QIP) and provide two
Fingerprint Cards (FD 258). e-QIP is a secure website that can be accessed from any computer
system which has an Internet connection. Only the signed release forms and FD 258 will need to
be mailed to the identified Chief Security Officer, the SF-86 itself will be transmitted to the FBI
electronically.
To complete the SF-86 using e-QIP, the individual requiring unescorted access to the FBI facility
must contact (insert Chief Security Officer, Division, and telephone number) in order to be
initiated into e-QIP. Once this action has been accomplished, the individual should be able to
access e-QIP at the following link in order to initiate and complete the electronic
process: http://www.opm.gov/e-qip/browser-check.asp. Thoroughly read and follow the
instructions for completing the SF-86. NOTE: To fully address suitability/security issues, the
FBI requires individuals to provide responses to questions on the SF-86 for the last ten
years. Failure to complete the application as instructed may lead to significant delays in
processing the required investigation and approval for unescorted access.
Upon logging onto e-QIP, there will be a prompt to answer three “Golden” security questions to
establish the user account. After completing the electronic SF-86, please print and sign the (1)
Certification Form (CER) - Certify Completeness and Accuracy of your Investigation Request;
(2) Medical Release Form (MEL) - Authorization for Release of Medical Information; and (3)
Release Form (REL) - Authorization for Release of Information. In addition to these SF 86
release forms, the completion of a Non-Personnel Consent to Release Information (FD-979a), the
United States Department of Justice Disclosure and Authorization Pertaining to Consumer
Reports (DOJ 555) are required. Annotation of the assigned e-QIP Investigation Request
Number on the upper right corner of each document transmitted to the identified Chief Security
Officer is required for coordination with the electronic transmission and to facilitate the
investigative process. The e-QIP Investigation Request Number, automatically generated by e-
QIP, is located on both the header and footer of the signature forms. These release forms (five
total) and FD 258 should be mailed via Federal Express or UPS Express mail directly to the
following address: (insert name and address of Chief Security Officer). The use of regular U.S.
mail channels may cause significant delays in processing the unescorted access request.
Upon completion of processing the facility access request, the individual will be required to
execute a non-disclosure agreement suitable for their approved access.
SECURITY REQUIREMENTS APPLICABLE TO CONTRACTOR PERSONNEL WITH

ACCESS TO FBI LOCATIONS, PROTECTED INFORMATION AND/OR
INFORMATION SYSTEMS
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RFP No. DJF-18-2200-PR-0012096
Contractor personnel security reporting requirements are applicable to all individuals to be
assigned to FBI locations, those who require access to protected information and/or information
systems, to include those identified as "Key Personnel", if specified in the contract. The
contractor shall plan for expected attrition through advanced preparation and submission of
required information.
Award of this contract is anticipated to result in assignment of contractor personnel to FBI

controlled or occupied space, access to protected information and/or information
systems. “Protected information” includes classified information, Foreign Intelligence
Surveillance Act information, Sensitive But Unclassified information, including Law
Enforcement Sensitive, personally identifiable information, business proprietary information,
and any other information that is non-public and/or protected from disclosure by law or
policy. Security and ethical conduct requirements, specific to the contract, to include a copy of
the "Contractor & FBI Employees Ethics Standards Fact sheet" are provided. Any questions
that the contractor or contractor personnel may have on the applicability of these requirements
shall be addressed to the Contracting Officer's Security Representative or name of CSO, at
(telephone number). As such, all contractor personnel assigned to perform on this contract must
be briefed by the contractor on the provided FBI policies and procedures, as identified in the
contract, regarding ethical conduct and security requirements. A list of assigned Contractor
personnel and verification of their briefing, shall be provided to the cognizant contractor security
officer for subsequent transmittal to the proper FBI Security Officer assigned oversight of this
contract. This list must be provided no later than seven (7) days in advance of initial
performance for those contractor personnel whose performance will require assignment to an
FBI location. Failure to provide the required verification of briefing will result in a delay of the
individual's access to the facility. Additionally, within 15 days from assignment to FBI space,
the employee must attend an FBI Security Awareness Briefing, which will further address FBI
policies and procedures, as identified by FBI Policy. This training is currently satisfied through
the contractor employee's attendance at the Security Division's Career Services Management
Unit's quarterly contractor's training offered at FBI, 935 Pennsylvania Avenue, NW,
Washington, DC and other identified geographical locations. The assigned FBI CSO will
contact the employee with the date and time of their scheduled briefing. Failure to attend this
briefing or make arrangements to attend a subsequent briefing will result in immediate removal
of the employee from FBI space. If contract performance is impacted as a result of removal of
the employee, the contractor may be found in default of the contract. In the event that certain
material relevant to the contract is not explicitly covered by the contract or regulations, the
contractor is required to seek FBI guidance regarding its handling of such information whether
classified or unclassified.
Only such persons who have been authorized by the CO and/or the CSO/COSR, shall be
assigned to this work. In this regard, for identification purposes, the contractor will be required
to submit the name, address, place and date of birth of all personnel who will be involved in the
work hereunder. Said information will be required to be provided to the identified CSO not later
than seven (7) days in advance of the scheduled date of such work. Information relating to an
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RFP No. DJF-18-2200-PR-0012096
individual(s) identified as "Key Personnel" should be reported to the CSO after the written
consent of the CO has been received.
The contractor agrees to abide by all applicable FBI security policies or procedures governing
personnel, facilities, information, technical, information systems, communications and protective
programs.
All contractor personnel who receive a security clearance, facility, information or information
system access approval under the terms of this contract will be required to execute a FBI
specified nondisclosure agreement. The contractor agrees to abide by all applicable FBI security
policies and procedures governing personnel, facilities, technical, information systems,
communications and protective programs. The following reporting requirements must be
reported to the identified CSO as promptly as possible, but in no event later than three (3)
business days of the conduct, event or activity. Reporting requirements are to be accomplished
electronically, if the contractor personnel are assigned to FBI locations, through the FBI’s
established Enterprise Process Automation System (EPAS), or in writing, if the contractor
personnel are not performing at an FBI location.
Contractor personnel are required to report the following high-risk security concerns, if not
previously reported to the FBI:
1. Unofficial contacts with foreign nationals. (FD 981 Report of Foreign Contact)
2. Unofficial contacts with individuals who are or who are suspected to be engaging in criminal
or terrorist activity. (FD 1078 Personnel Self Reporting Requirements Form)
Unofficial contacts may develop in person or through interaction between parties via written or
electronic communication (e.g., the Internet, letter, or telephone).
3. Failure to comply with the Standard of Ethical Conduct for Employees of the Executive
Branch, etc.
4. Dual or multiple citizenship and use or possession of an active foreign passport involving
foreign travel. All contractor employees with employee-type access to FBI facilities,
information and information systems, who possess both citizenship with the United States and a
foreign country are required to affirm that he/she has renounced his/her dual citizenship, or
expressed a willingness to renounce any foreign citizenship through the execution of the Loyalty
Agreement Form and surrender of their current or expired foreign passport to the FBI, Security
Division, Clearance Passage and Sub-Programs Unit (CPSU), WB-450, 935 Pennsylvania
Avenue, NW, Washington, DC 20535. “Employee-type” access is defined as access by a
contractor which includes their assignment to an FBI location with access to FBI protected
information and information systems. If the contractor employee is not located within the
Washington, DC metropolitan area, the executed Loyalty Agreement Form and current or
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RFP No. DJF-18-2200-PR-0012096
expired foreign passport should be forwarded via Federal Express. Receipt of the foreign
passport will be validated through the issuance of a property receipt to the contractor
employee. The contractor employee shall notify the Unit Chief, CPSU of their contract
performance termination, when possible, no earlier than 30 days prior to separation and request
the return of his/her foreign passport. Temporary access to foreign passports for travel may be
granted on a case-by-case basis taking into consideration the risk associated with the request and
whether the risk is manageable and acceptable. Requests shall be submitted in writing to the
Assistant Director, Security Division, or designee, at least 30 days prior to travel.
The exercise of any right, privilege, or obligation of foreign citizenship by a contractor employee
with dual citizenship and foreign passport, without notification to the FBI, Security Division,
CPSU, and the specific aproval of the Assistant Director, Security Division, or designee, will be
viewed as a direct violation of FBI security requirements. This includes, but is not limited to:
(1) Possession of a current foreign passport;
(2) Military service or a willingness to bear arams for a foreign country;
(3) Accepting eductional, medical, retirement, social welfare, or other such benefits from a
foreign country;
(4) Residence in a foreign country to meet citizenship requirements;
(5) Using foreign citizenship to protect financial or business interests in another country;
(6) Seeking or holding political office in a foreign country;
(7) Voting in foreign elections;
(8) Action to acquire or obtain recognition of a foreign citizenship by an American citizen;
(9) Performing or attempting to perform duties, or otherwise acting, so as to serve the interests
of a foreign person, group, organization, or government in conflict with the national security
interest;
(10) Any statement or action that shows allegiance to a country other than the United States: for
example, declaration of intent to renounce United States citizenship; renunciation of United
States citizenship;
(11) Any attempt to obtain a new foreign passport or renew an expired foreign passport is
prohibited.
5. Current foreign citizenship of a spouse.
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RFP No. DJF-18-2200-PR-0012096
6. Current residence with a person who is not a United States citizen.
7. Current residence of immediate family members (parents, spouse, children and/or siblings) in
a foreign country.
8. Foreign financial holdings, in excess of $3,000.00, such as currency in a foreign financial

institution and/or ownership of foreign real estate/property or business(es).
9. Receipt of money or assets, e.g., pensions, inheritances, living expenses, annuities, or any
other form of financial support, from a foreign government or any foreign national, excluding
immediate family members if they are legally residing in the United States.
10. Current association, or immediate family member’s current association, with a foreign
government or military of a foreign country.
11. Direct or suspected links, to include close or immediate family members, to any criminal
foreign intelligence, and/or domestic/foreign terrorism organization or group.
12. Other security concerns that could adversely impact upon the security and/or safety of FBI
personnel, information, facilities or mission; safety of other individual; and/or the protection of
U.S. national security interests.
13. Other reportable events, incidents, and/or concerns involving contractor personnel and/or
their close or immediate family members. Other reportable events/ incidents, and/or concerns is
defined as any information that adversely reflect on the integrity or character of an employee that
suggests that his or her ability to safeguard FBI Sensitive But Unclassified (SBU)/Law
Enforcement Sensitive (LES) and/or classified information may be impaired, or that his or her
access to the information clearly may not be in the interest of the FBI and/or National Security.
The following reporting requirements must be reported to the identified CSO as promptly as
possible, but in no event later than five (5) business days when the, activity, or incident occurred.
Reporting requirements are to be accomplished electronically, if the contractor personnel are
assigned to FBI locations, through the “Personnel Self-Reporting” (FD 1078) EPAS form, or
manually, with the identified hardcopy forms.
1. Law Enforcement contact(s):
a. During aggravated or unusual circumstances (e.g., any arrest, domestic violence incident
report, driving while intoxicated/under the influence (DWI/DUI), etc.)
b. Issued traffic ticket or criminal citation for a violation, resulting in fine(s) in excess of
$300.00.
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RFP No. DJF-18-2200-PR-0012096
2. Financial Indebtedness:
a. Filing/petition for bankruptcy due to outstanding personal debts, which may result in an
adjudication by a U.S. Bankruptcy Court for: liquidation or discharge of debts, dismissal or
denial of bankruptcy petition, individual debt adjustment, and/or subsequent revocation of any
initial discharge of debts.
3. Outside employment and activities (FD 331, 331a, 331b, 331c, or 331d)
4. Official and unofficial foreign travel (FD 772 or 772b)
5. Official and unofficial foreign national contacts (FD 981)
6. Change in marital status (FD 292)
7. Roommates or cohabitants (FD 773)
Contractors shall immediately report, either verbally or through written communication, the
following to the designated CSO:
1. Change to contractor’s status as a result of death.
2. Change to contractor’s status which alters their originally assigned location and FBI Division
to which they report.
3. Employees desiring not to perform on the contract.
Willful disregard of these requirements, or refusal to consent to, or to complete to the satisfaction
of the CSO, FBI investigator and/or the Security Division, any lawful and appropriate request(s)
may warrant an assessment of the contractor employee for continued eligibility for FBI facility,
information and/or information system access privileges and the Contracting Officer’s may
initiate action resulting in the immediate removal of the employee from FBI space and ability to
perform on FBI contracts. Such action(s) may in addition be subject to any action or penalty
prescribed by law. If contract performance is impacted as a result of removal of the employee,
the contractor may be found in default of the contract. In the event that the development of
information or material is not clearly addressed by the contract or FBI security policy or
procedures, the contractor is required to seek FBI guidance.
SPECIAL SECURITY REQUIREMENTS
A. Security of Systems and Data, Including Personally Identifiable Data
a. Systems Security
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RFP No. DJF-18-2200-PR-0012096
The work to be performed under this contract requires the handling of data that originated within
the Department of Justice, data that the contractor manages or acquires for the Department,
and/or data that is acquired in order to perform the contract and concerns Department programs
or personnel.
For all systems handling such data, the contractor shall comply with all security requirements
applicable to Department of Justice systems, including but not limited to all Executive Branch
system security requirements (e.g. requirements imposed by OMB and NIST), DOJ IT Security
Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information
regarding the contractor's systems when requested by the Department in connection with its
efforts to ensure compliance with all such security requirements, and shall otherwise cooperate
with the Department in such efforts. DOJ access shall include independent validation testing of
controls, system penetration testing by DOJ, FISMA data reviews and access by the DOJ Office
of the Inspector General for its reviews.
The use of contractor-owned laptops or other media storage devices to process or store data
covered by this clause is prohibited until the contractor provides a letter to the Contracting
Officer (CO) certifying the following requirements:
1. Laptops must employ encryption using a NIST Federal Information Processing Standard
(FIPS) 140-2 approved product;
2. The contractor must develop and implement a process to ensure that security and other
applications software is kept up-to-date;
3. Mobile computing devices will utilize anti-viral software and a host-based firewall
mechanism;
4. The contractor shall log all computer-readable data extracts from databases holding sensitive
information and verify each extract including sensitive data has been erased within 90 days or its
use is still required. All DOJ information is sensitive information unless designated as non-
sensitive by the Department;
5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and
floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted
using a NIST FIPS 140-2 approved product;
6. When no longer needed, all removable media and laptop hard drives shall be processed
(sanitized, degaussed or destroyed) in accordance with security requirements applicable to DOJ;
7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts;
Page 37 of 40
RFP No. DJF-18-2200-PR-0012096
8. Rules of behavior must be signed by users. These rules shall address at a
minimum: authorized and official use; prohibition against unauthorized users; and protection of
sensitive data and personally identifiable information;
9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor
work. This removal must be accomplished in accordance with DOJ IT Security Standard
requirements. Certification of data removal will be performed by the contractor's project
management and a letter confirming certification will be delivered to the CO within 15 days of
termination of contractor work;
b. Data Security
By acceptance of, or performance on, this contract, the contractor agrees that with respect to the
data identified in paragraph a, in the event of an actual or suspected breach of such data (i.e., loss
of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other
unauthorized access, whether physical or electronic), the contractor will immediately (and in no
event later than within one hour or discovery) report the breach to the CO and the Contracting
Officer's Technical Representative (COTR).
If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR
can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team
(DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the
breach. The contractor shall also notify the CO as soon as possible during regular business
hours.
c. Personally Identifiable Information Notification Requirement
The contractor further certifies that it has a security policy in place that contains procedures to
promptly notify any individual whose personally identification information (as defined by OMB)
was, or is reasonably believed to have been, breached. Any notification shall be coordinated
with the Department, and shall not proceed until the Department has made a determination that
notification would not impede a law enforcement investigation or jeopardize national
security. The method and content of any notification by the contract shall be coordinated with,
and be subject to the approval of, the Department. The contractor assumes full responsibility for
taking corrective action consistent with the Department's Data Breach Notification Procedures,
which may include offering credit monitoring when appropriate.
d. Pass-through of Security Requirements to Subcontractors
The requirements set forth in Paragraphs a through c above, apply to all subcontractors who
perform work in connection with this contract. For each subcontractor, the contractor must
certify that it has required the subcontractor to adhere to all such requirements. Any breach by a
subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.
Page 38 of 40
RFP No. DJF-18-2200-PR-0012096
B. Information Resellers or Data Brokers
Under this contract, the Department obtains personally identifiable information about individuals
from the contractor. The contractor hereby certified that it has a security policy in place which
contains procedures to promptly notify any individual whose personally identifiable information
(as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an
unauthorized person while the data is under the control of the contractor. In any case in which
the data that was lost or improperly acquired reflects or consists of data that originated with the
Department, or reflects sensitive law enforcement or national security interest in the data, the
contractor shall notify the Department Contracting Officer so that the Department my determine
whether notification would impede a law enforcement investigation or jeopardize national
security. In such cases, the contractor shall notify the individuals until it receives further
instruction from the Department.
CONTRACTOR SUITABILITY SPECIAL SECURITY REQUIREMENT (SSR)
Access to FBI facilities and information is subject to specific security and suitability
requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and
information access of any contractor employee determined by the FBI, at any time prior to or
during performance, to be unsuitable for access and/or present a risk of compromising sensitive
government information to which he or she would have access to under this
contract. Contractors will be allotted a reasonable amount of time, determined by the
government, to replace the employee found not suitable for contract performance. Failure to
replace the employee may result in a no cost termination by the government
(End SSR)
DOJ RESIDENCY REQUIREMENT SSR
All contractor personnel employed within the United States, both United States citizens and non-
United States citizens, are required to meet the following residency requirements:
a. For three of the five years immediately prior to applying for the specific contract position, the
individual must have 1) resided in the United States; 2) worked for the United States overseas in
a Federal or military capability; or 3) be a dependent of a Federal or military employee serving
overseas.
The requirement may be waived for short term contractor personnel (performing duties for a
cumulative total of 14 days or less) if there is a critical need for their specialized and unique
skills. These individuals must, however, be United States citizens or Permanent Resident
Aliens.
(End SSR)
Page 39 of 40
RFP No. DJF-18-2200-PR-0012096
MISSION ESSENTIAL CONTRACTS
Mission essential contracts are vital to ensure the FBI is meeting critical needs in securing our
workforce. The specialized contractor provides specific services impacting requirements and
needs of the FBI mission. These services are essential in ensuring daily operations are effective
and compliant. While working with mission essential contracts, the following regulations apply:
* Contractors provide services designated as essential by the FBI. In order to meet this
requirement, all contractors are expected to use information at their disposal in order to provide
required services during emergencies or periods of crisis.
* Prior to contract award, FBI requisition officials should determine whether an interruption of
service would result in an unacceptable risk. If an unacceptable risk is found as a result,
contingency plans must be developed in the Statement of Work (SOW), ensuring continued
provided service.
* If your contract is deemed a mission critical, language from the DOJ Procurement Guidance
Document (PGD) 07-12, Maintaining Contractor Performance During a Pandemic or Other
Emergency, should be included in the contract statement.
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RFP No. DJF-18-2200-PR-0012096

52.252-1 Solicitation Provisions Incorporated by Reference (Aug 2018)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

52.209-7 Information Regarding Responsibility Matters (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order

(i) In a criminal proceeding, a conviction.

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or

52.212-1 Instructions to Offerors -- Commercial Items (Jan 2017)

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(A) If it was transmitted through an electronic commerce method

(B) There is acceptable evidence to establish that it was received at the

(4) If an emergency or unanticipated event interrupts normal Government processes so

(i) Availability of requirements documents cited in the solicitation.

GSA Federal Supply Service Specifications Section

Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue,

(4) Nongovernment (voluntary) standards must be obtained from the organization

(4) A summary of rationale for award;

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

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

[Contracting Officer check as appropriate.]

___ (5) [Reserved]

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

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

___ (10) [Reserved]

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

X (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

X (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Oct 2015) of 52.223-13.

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