Financial record, 2020-10-19

EFTA00141476¶

15BNAS21D00000114 Page 1 of 24¶

SOLICITATION/CONTRACTORORDER FOR COMMERCIAL ITEMS¶

O ERROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30¶

2. CONTRACT NO¶

15BNAS21D0000114¶

3. AWARD/PERSPECTIVE DATE¶

10/19/2020¶

4. ORDER NUMBER¶

15BNAS21D00001032¶

5. SOLICITATION NUMBER¶

15BNAS21D00001032¶

6. SOLICITATION ISSUE Date¶

10/19/2020¶

7. FOR SOLICITATION INFORMATION CALL:¶

NAME¶

8. TELEPHONE NUMBER (Not specified)¶

9. IS BENEFIT OF Federal Bureau of Prisons Acquisitions Branch/National Accumulations Section 1307 Fire Street NW Phone 901-5 WASHINGTON, DC 20334¶

10. DELIVERY FOR FORM DISTRIBUTION FILE BOOK IS MARKED¶

SEE SCHEDULE¶

11. DISCOUNT SERIES¶

NET 30¶

12. DRIVER TO¶

Federal Bureau of Prisons Acquisitions Branch/National Accumulations Section 1307 Fire Street NW Room 901-5 WASHINGTON, DC 20334¶

13. DRIVER TO¶

Federal Bureau of Prisons Acquisitions Branch/National Accumulations Section 1307 Fire Street NW Room 901-5 WASHINGTON, DC 20334¶

14. CONTRACTOR OFFICE¶

JAN’S ASSOCIATES, INC. Business As BIRD¶

15. CONTRACTOR NO¶

CODE 521306404 FAACILITY CODE 621713171¶

16. PAYMENT WILL BE MADE BY¶

Federal Bureau of Prisons Acquisitions Branch/National Office Business Office 1307 Fire Street NW Room 901-5 WASHINGTON, DC 20334¶

17. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN HEADING¶

18. SCHEDULE OF SUPPLIER SERVICES¶

Delivery Date: 10/19/2020¶

National EAP Services¶

See Continuation Sheet(s)¶

ASSOCIATING AND APPLICATION DATA¶

See Line Item Detail¶

SOLICITATION INcorporates by Reference FAR 52121.52121.¶

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE¶

Description	Value
Prescribe by GSA - FAR (48 CFR) 53.212	Prescribe by GSA - FAR (48 CFR) 53.212

EFTA00141477¶

15BNAS21D00000114 Page 2 of 24¶

19. ITEM NO.	20. SCHEDULE OF SUPPLIES/SERVICES			21. QUANTITY	22. UNIT	23. UNIT PRICE	24. AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN ☐ RECEIVED ☐ INSPECTED ☐ ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE			32c. DATE	32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE				32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
				32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER	34. VOUCHER NUMBER		35. AMOUNT VERIFIED CORRECT FOR	36. PAYMENT ☐ COMPLETE ☐ PARTIAL ☐ FINAL	37. CHECK NUMBER
PARTIAL	FINAL
38. SIR ACCOUNT NUMBER	39. SIR VOUCHER NUMBER		40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER			41c. DATE	42a. RECEIVED BY (Print)
				42b. RECEIVED AT (Location)
				42c. DATE RECD (YVMMDD)	42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK¶

EFTA00141478¶

15BNAS21D00000114 Page 3 of 24¶

Table of Contents¶

Section	Description	Page
1	Solicitation/Contract Form	1
2	Commodity or Services Schedule	4
3	Contract Clauses	7
	52,21-603-70 Contracting Officer's Representative (COR) (June 2012)	7
	52,27-103-72 52,27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)	8
	52,218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)	8
	DJAR-PGD-15-03 Security of Department Information and Systems	9
	52,216-19 Order Limitations (Oct 1995)	13
	52,216-18 Ordering (Oct 1995)	14
	52,217-8 Option to Extend Services (Nov 1999)	14
	52,204-21 Basic Safeguarding of Covered Contractor Information Systems (June 2016)	14
	52,216-21 Requirements (Oct 1995)	16
	52,217-9 Option to Extend the Term of the Contract (Mar 2000)	16
	52,232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)	16
	52,232-18 Availability Of Funds (Apr 1984)	17
	BOP 2852,242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)	17
	52,212-3 Offeror Representations and Certifications—Commercial Items (Jun 2020)	17
	52,212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jun 2020)	17
	52,237-7 Indemnification and Medical Liability Insurance (Jan 1997)	17
	List of Attachments	24

EFTA00141479¶

15BNAS21D00000114 Page 4 of 24¶

Section 2 - Commodity or Services Schedule¶

Contract Guarantee:¶

Minimum Guaranteed Quantity	Minimum Guaranteed Amount	Maximum Guaranteed Quantity	Maximum Guaranteed Amount
	$0.00

SCHEDULE OF SUPPLIES/SERVICES¶

CONTINUATION SHEET¶

ITEM NO	SUPPLIES/SERVICES	QUANTITY	UNIT	UNIT PRICE	AMOUNT
0001	EAP & Work/Life Services	37,000	EA	Previous:	Previous: $0.00
	37,000 Employees x Price/Year = Price per Employee/Year			$0.0000	Change: $608,650.00
	Base Year: 10/19/20-9/30/21			Change:	Current: $608,650.00
	Firm Fixed Price			$16.4500
	PSC: R431			Current:
	Base Period			$16.4500
ITEM NO	SUPPLIES/SERVICES	QUANTITY	UNIT	UNIT PRICE	AMOUNT
0002	EAP & Work/Life services	37,000	EA	Previous:	Previous: $0.00
	37,000 Employees x Price/Year = Price per Employee/Year			$0.0000	Change: $608,650.00
	Option Year 1: 10/01/21-9/30/22			Change:	Current: $608,650.00
	Firm Fixed Price			$16.4500
	PSC: R431			Current:
	Unexercised Option			$16.4500
ITEM NO	SUPPLIES/SERVICES	QUANTITY	UNIT	UNIT PRICE	AMOUNT
0003	EAP & Work/Life services	37,000	EA	Previous:	Previous: $0.00
	37,000 Employees x Price/Year = Price per Employee/Year			$0.0000	Change: $626,780.00
	Option Year 2: 10/01/22-9/30/23			Change:	Current: $626,780.00
	Firm Fixed Price			$16.9400
	PSC: R431			Current:
	Unexercised Option			$16.9400
ITEM NO	SUPPLIES/SERVICES	QUANTITY	UNIT	UNIT PRICE	AMOUNT
0004	EAP & Work/Life services	37,000	EA	Previous:
	37,000 Employees x Price/Year = Price per Employee/Year
	Option Year 3: 10/01/23-9/30/24
	Firm Fixed Price

EFTA00141480¶

5BNAS2¶

ge 5 of 24¶

	PSC: R431 Unexercised Option
ITEM NO.	SUPPLIES/SERVICES	QUANTITY	UNIT	UNIT PRICE	AMOUNT
0005	EAP & Work/Life Services 37,000 Employees x Price/Year = Price per Employee/Yea Option Year 4: 10/01/24-9/30/25 Firm Fixed Price PSC: R431 Unexercised Option	37,000	EA	Previous: $0.0000 Change:
ITEM NO.	SUPPLIES/SERVICES	QUANTITY	UNIT	UNIT PRICE	AMOUNT
0006	EAP & Work/Life services 37,000 Employees x Price/6 months= Price per Employee/6 months Potential 6-month Extension: 10/01/25-3/31/26 Firm Fixed Price PSC: R431 Unexercised Option	37,000	EA	Previous: $0.0000 Change:

2.1 Section 2.1, CONTINUATION OF SF-1449, BLOCK 20¶

SECTION 2.1, SCHEDULE OF SUPPLIES/SERVICES¶

Provide Employee Assistance Program services to all BOP employees, their dependents, and domestic partners.¶

Services shall be performed in accordance with 15BNAS20QVNP10032; the contractor’s quote dated 8/21/2020 and pricing update confirmed 9/25/20; and the attached Statement of Work.¶

PERFORMANCE SHALL BEGIN October 192020¶

Base Period: 10/19/20-09/30/21: Estimated Total $608,650.00¶

With Government unilateral right to exercise 4 one-year options as follows:¶

Option Year 1: 10/01/21-09/30/22: Estimated Total $608,650.00¶

Option Year 2: 10.01.22-09/30/23: Estimated Total $626,780.00¶

Option Year 3: 10.01.23-09/30/24: Estimated Total $626,780.00¶

Option Year 4: 10.01.24-09/30/25: Estimated Total $626,780.00¶

Potential 6 month Extension: 10.01/25-03/31/26: Estimated Total $313,390.00¶

EFTA00141481¶

15BNAS21D00000114 Page 6 of 24¶

Estimated Grand Total: $3,411,030.00¶

FUNDS SHALL BE OBLIGATED VIA INDIVIDUAL TASK ORDERS¶

DELIVERIES¶

In accordance with Federal Acquisition Regulation (FAR) 16.505, and the clause located in FAR 52.216-18, Ordering, states that any supplies or services to be furnished under this contract shall be ordered by issuance of task orders by a warranted Contracting Officer in the NAS Contracting Section.¶

BILLING INFORMATION¶

The Government will make payment on a monthly basis via Electronic Fund Transfer. Invoices with the contract number should be submitted electronically to cobusinessoffice@bop.gov. Contractors that are classified as a small business are required to indicate their small business size status on each invoice submitted for payment.¶

ADMINISTRATIVE CONTRACTING OFFICER¶

CONTRACTING OFFICER’S REPRESENTATIVE (COR):¶

EFTA00141482¶

Section 3 - Contract Clauses¶

5BNAS2¶

ge 7 of 24¶

Clauses By Reference¶

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):www.acquisition.gov
Clause	Title	Fill-ins(if applicable)
52.242-15	Stop-Work Order(Aug 1989)
52.203-3	Gratuities(Apr 1984)
52.232-40	Providing Accelerated Payments to Small Business Subcontractors(Dec 2013)
52.242-13	Bankruptcy(July 1995)
52.253-1	Computer Generated Forms(Jan 1991)
52.203-12	Limitation On Payments To Influence Certain Federal Transactions(Oct 2010)
52.224-1	Privacy Act Notification(Apr 1984)
52.224-2	Privacy Act(Apr 1984)
52.204-12	Unique Entity Identifier Maintenance(Oct 2016)

Clauses By Full Text¶

52.21-603-70 Contracting Officer’s Representative (COR) (June 2012)¶

Marine Forces Drive, Grand Prairie, Texas 75051, is hereby designated 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 provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor 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.¶

EFTA00141483¶

15BNAS21D00000114 Page 8 of 24¶

52.27-103-72 52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)¶

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:¶

1. Legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.state.gov/s/l/treaty/collectivedefense/¶

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.¶

[End of Clause]¶

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

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of 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.

• 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.

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

[End of Clause]¶

EFTA00141484¶

15BNAS21D00000114 Page 9 of 24¶

DJAR-PGD-15-03 Security of Department Information and Systems¶

I. Applicability to Contractors and Subcontractors¶

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.¶

II. General Definitions¶

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

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.¶

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual’s identity, such as his or her name, social security number, date and place of birth, mother’s maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.¶

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.¶

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, ‘processing, storing, or transmitting’) Information.¶

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.¶

III. Confidentiality and Non-disclosure of DOJ Information¶

A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.¶

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

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

EFTA00141485¶

15BNAS21D00000114 Page 10 of 24¶

individuals for who PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).¶

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

A. For all Coerced Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:¶

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;

3. Creating, protecting, and retaining Coered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, in estigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Coered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Coered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and in entories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information Syste Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information Syste backups;

8. Identifying Coered Information Syste users, processes acting on behalf of users, or devices, and authenticating and erifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication methods where required;

9. Establishing an operational incident handling capability for Coered Information Systems that includes adequate preparation, detection, analysis, containment, reco cry, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contractor’s organization and the DOJ;

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

11. Protecting Covered Information Syste media containing DOJ Information, including paper, digital and electronic media; limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information Syste media containing DOJ Information before disposal, release or reuse of such media;

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

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

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

EFTA00141486¶

15BNAS21D00000114 Page 11 of 24¶

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

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

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

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

C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, management, or maintenance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Chief Information Officer, and the DOJ Security Officer.¶

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and aailability of DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor’s facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, syste penetration testing, and FISMA data reviews by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.¶

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

1. Media must be encrypted using a NIST FIPS 140-2 approved product;

2. Contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

3. Where applicable, media must utilize anti virus software and a host-based firewall mechanism;

4. Contractor must log all computer-readable data extracts from databases holding DOJ Information and verify that each extract including such data has been erased within 90 days of extraction or that its use is still required. All DOJ Information is sensitive information unless specifically designated as non-sensitive by the DOJ; and,

5. A Rules of Behavior (“ROB”) form must be signed by users. These rules must address, at a minimum, authorized and official use, prohibition against unauthorized users and use, and the protection of DOJ Information. The form also must notify the user that he or she has no reasonable expectation of privacy regarding any communications transmitted through or data stored on Contractor-owned laptops or other portable digital or electronic media.

F. Contractor-owned removable media containing DOJ Information shall not be remo ed fro DOJ facilities without prior approval of the DOJ CO or COR.¶

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

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

I. Contractor must remo e all DOJ Information fro Contractor media and return all such information to the DOJ within 15 days of the expiration or termination of the contract, unless otherwise extended by the CO, or wai ed (in part or whole) by the CO,¶

EFTA00141487¶

15BNAS21D00000114 Page 12 of 24¶

and all such information shall be returned to the DOJ in a format and form acceptable to the DOJ. The remo al and return of all DOJ Information must be accomplished in accordance with DOJ IT Security Standard requirements, and an official of the Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the remo al and return of all DOJ Information.¶

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

V. Cloud Computing¶

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

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

1. The Cloud syste and CSP have been evaluated and approved by a 3PAO certified under FedRAMP and Contractor has provided the most current Security Assessment Report (“SAR”) to the DOJ CO for consideration as part of Contractor’s overall Syste Security Plan, and any subsequent SARs within 30 days of issuance, and has received an ATO fro the Authorizing Official for the DOJ component responsible for maintaining the security confidentiality, integrity, and availability of the DOJ Information under contract; or,

2. If not certified under FedRAMP, the Cloud Syste and CSP have received an ATO signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under the contract.

C. Contractor must ensure that the CSP allows DOJ to access and retrieve any DOJ Information processed, stored or transmitted in a Cloud syste under this Contract within a reasonable time of any such request, but in no event less than 48 hours fro the request. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information fro the Cloud system, access shall include any schemas, meta-data, and other associated data artifacts.¶

VI. Information System Security Breach or Incident¶

A. Definitions¶

1. Confirmed Security Breach (hereinafter, ‘Confirmed Breach’) means any confirmed unauthorized exposure, loss of control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Coered Information System or any DOJ Information accessed by, retrie able from, processed by, stored on, or transmitted within, to or fro any such system.

2. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed, Coered Information Syste Security Breach.

3. Security Incident means any Confirmed or Potential Coered Information System Security Breach.¶

B. Confirmed Breach. Contractor shall immediately (and in no event later than within 1 hour of discovery) report any Confirmed Breach to the DOJ CO and the CO’s Representati e (“COR”). If the Confirmed Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call DOJ-CERT at 1-866-US4-CERT (1-866-874-2378) immediately (and in no event later than within 1 hour of discovery of the Confirmed Breach), and shall notify the CO and COR as soon as practicable.¶

C. Potential Breach.¶

EFTA00141488¶

15BNAS21D00000114 Page 13 of 24¶

1. Contractor shall report any Potential Breach within 72 hours of detection to the DOJ CO and the COR, unless Contractor has (a) completed its in estigation of the Potential Breach in accordance with its own internal policies and procedures for identification, in estigation and mitigation of Security Incidents and (b) determined that there has been no Confirmed Breach.

2. If Contractor has not made a determination within 72 hours of detection of the Potential Breach whether an Confirmed Breach has occurred, Contractor shall report the Potential Breach to the DOJ CO and COR within one-hour (i.e., 73 hours from detection of the Potential Breach). If the time by which to report the Potential Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call the DOJ Computer Emergency Readiness Team (DOJ-CERT) at 1-866-US4-CERT (1-866-874-2378) within one-hour (i.e., 73 hours fro detection of the Potential Breach) and contact the DOJ CO and COR as soon as practicable.

D. Any report submitted in accordance with paragraphs (B) and (C), abo e, shall identify (1) both the Information Systems and DOJ Information in oled or at risk, including the type, amount, and level of sensitiity of the DOJ Information and, if the DOJ Information contains PII, the estimated number of unique instances of PII, (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the US-CERT Federal Incident Notification Guidelines, including the functional impact, information impact, impact to reco erability, threat actor, mitigation details, and all aailable incident details; and (4) any other information specifically requested by theDOJ. Contractor shall continue to provide written updates to the DOJ CO regarding the status of the Security Incident at least every three (3) calendar days until informed otherwise by the DOJ CO.¶

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

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

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

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

VII. Personally Identifiable Information Notification Requirement¶

Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose Personally Identifiable Information (“PII”) was, or is reasonably determined by DOJ to have been, compromised. Any notification shall be coordinated with the DOJ CO and shall not proceed until the DOJ 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 Contractor shall be coordinated with, and subject to the approval of, DOJ. Contractor shall be responsible for taking corrective action consistent with DOJ Data Breach Notification Procedures and as directed by the DOJ CO, including all costs and expenses associated with such corrective action, which may include providing credit monitoring to any individuals whose PII was actually or potentially compromised.¶

VIII. Pass-through of Security Requirements to Subcontractors and CSPs¶

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

52.216-19 Order Limitations (Oct 1995)¶

EFTA00141489¶

15BNAS21D00000114 Page 14 of 24¶

(a) Minimu order. When the Government requires supplies or services covered by this contract in an amount of less than one for any single item listed on the SF 1449 in Blocks 19-24, 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—¶

(1) Any order for a single ite in excess of the estimated quantities identified on the SF 1449 (Block 21, Quantity) within the current contract performance period:¶

(2) Any order for a combination of items in excess of the estimated quantities identified on the SF 1449 (Block 21, Quantity) within the current contract performance period; or¶

(3) A series of orders fro the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (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 7 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 fro another source.¶

(End of clause)¶

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 first day through the last day of the contract’s effective period.¶

(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)¶

52.217-8 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 the current contract period.¶

(End of clause)¶

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June 2016)¶

(a) Definitions. As used in this clause—¶

Covered contractor information system means an information syste that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.¶

EFTA00141490¶

15BNAS21D00000114 Page 15 of 24¶

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.¶

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audio isual (Committee on National Security Systems Instruction (CNSSI) 4009).¶

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).¶

Safeguarding means measures or controls that are prescribed to protect information systems.¶

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:¶

(i) Limit information syste access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).¶

(ii) Limit information syste access to the types of transactions and functions that authorized users are permitted to execute.¶

(iii) Verify and control/limit connections to and use of external information systems.¶

(i) Control information posted or processed on publicly accessible information systems.¶

( ) Identify information syste users, processes acting on behalf of users, or devices.¶

( i) Authenticate (or erify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.¶

( ii) Sanitize or destroy information syste media containing Federal Contract Information before disposal or release for reuse.¶

( iii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.¶

(ix) Escort isitors and monitor isitor activity; maintain audit logs of physical access; and control and manage physical access devices.¶

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.¶

(xi) Implement subnetworks for publicly accessible syste components that are physically or logically separated fro internal networks.¶

(xii) Identify, report, and correct information and information system flaws in a timely manner.¶

(xiii) Provide protection fro malicious code at appropriate locations within organizational information systems.¶

(xi ) Update malicious code protection mechanisms when new releases are available.¶

(xv) Perform periodic scans of the information syste and real-time scans of files from external sources as files are downloaded, opened, or executed.¶

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to coered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executi e Order 13556.¶

EFTA00141491¶

15BNAS21D00000114 Page 16 of 24¶

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially aailable off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.¶

(End of clause)¶

52.216-21 Requirements (Oct 1995)¶

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.¶

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.¶

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.¶

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.¶

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.¶

(f) 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 the last day of the contract’s effective period.¶

(End of clause)¶

52.217-9 Option to Extend the Term of the Contract (Mar 2000)¶

(a) The Government may extend the term of this contract by written notice to the Contractor within the current contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.¶

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.¶

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years (excluding the exercise of any option under the clause 52.217-8, Option to Extend Services).¶

(End of clause)¶

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)¶

Funds are not presently aailable 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 contract beyond that date is contingent upon the aailability of appropriated funds fro which payment for contract purposes can be made. No legal liability on the part of the Government for any¶

EFTA00141492¶

15BNAS21D00000114 Page 17 of 24¶

payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made aailable to the Contracting Officer for performance and until the Contractor receives notice of a availability, to be confirmed in writing by the Contracting Officer.¶

(End of clause)¶

52.232-18 A ailability Of Funds (Apr 1984)¶

Funds are not presently available for this contract. The Government’s obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.¶

(End of clause)¶

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)¶

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor’s performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer’s Representative (COR) and maintained in the contract file.¶

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a “user ID” and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.¶

(End of Clause)¶

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)¶

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control or professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *$1 million.¶

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.¶

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.¶

(d) Eidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made¶

EFTA00141493¶

15BNAS21D00000114 Page 18 of 24¶

basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.¶

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government’s interest shall not be effecti until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.¶

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.¶

• Contracting Officer insert the dollar value(s) of standard coverage(s) preailing within the local community as to the specific medical specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government’s interests.

(End of clause)¶

52,212-5 Contract Terms and Conditions Required to Implement Statutes or Executi e Orders-Commercial Items (Jun 2020)¶

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:¶

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).¶

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).¶

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).¶

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).¶

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).¶

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).¶

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

[Contracting Officer check as appropriate.]¶

X(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).¶

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).¶

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).¶

EFTA00141494¶

15BNAS21D00000114 Page 19 of 24¶

___(5) [Reserved].¶

(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-Deli ery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Di . C).¶

X(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).¶

X(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).¶

__(10) [Reserved].¶

(11) (i) 52,219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).¶

(ii) Alternate I (Mar 2020) of 52.219-3.¶

X(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.657a).¶

(ii) Alternate I (Mar 2020) of 52.219-4.¶

• (13) [Reserved]

(14) (i) 52,219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).¶

(ii) Alternate I (Mar 2020).¶

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).¶

(ii) Alternate I (Mar 2020) of 52.219-7.¶

X(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2] and (3)).¶

X(17)(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).¶

(ii) Alternate I (No 2016) of 52,219-9.¶

(iii) Alternate II (No 2016) of 52.219-9.¶

(i) Alternate III (Jun 2020) of 52.219-9.¶

( ) Alternate IV (Jun 2020) of 52.219-9.¶

(18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).¶

X (19) 52,219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).¶

(20) 52.219-16, Liquidated Damages—Subcon-tracting 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 (Mar 2020) (15 U.S.C. 657f).¶

X(22)(i) 52.219-28, Post Award Small Business Progra Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).¶

(ii) Alternate I (Mar 2020) of 52,219-28.¶

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).¶

EFTA00141495¶

15BNAS21D00000114 Page 20 of 24¶

(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 Progra (Mar 2020) (15 U.S.C. 637(m)).¶

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).¶

(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).¶

X(27) 52,222-3, Conict Labor (June 2003) (E.O. 11755).¶

X (28) 52,222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).¶

X(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).¶

X (30)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).¶

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

X(31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).¶

(ii) Alternate I (July 2014) of 52,222-35.¶

(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).¶

(ii) Alternate I (July 2014) of 52,222-36.¶

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).¶

X(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).¶

X (35)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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(36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially aailable off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)¶

(37)(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 aailable off-the-shelf items.)¶

(38) 52.223-11, Ozone-Depleting Substances and High Global rming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).¶

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).¶

(40) (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.¶

(41) (i) 52,223-14, Acquisition of EPEAT®-Registered Tele isions (Jun 2014) (E.O.s 13423 and 13514).¶

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

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).¶

(43) (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.¶

EFTA00141496¶

15BNAS21D00000114 Page 21 of 24¶

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Dri ing (Jun 2020) (E.O. 13513).¶

(45) 52,223-20, Aerosols (Jun 2016) (E.O. 13693).¶

(46) 52.223-21, Foams (Jun 2016) (E.O. 13693).¶

X(47)(i) 52.224-3, Pri acy Training (Jan 2017) (5 U.S.C. 552a).¶

(ii) Alternate I (Jan 2017) of 52,224-3.¶

(48) 52.225-1, Buy American–Supplies (May 2014) (41 U.S.C. chapter 83).¶

(49) (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.¶

(i) Alternate III (May 2014) of 52.225-3.¶

(50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).¶

X(51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).¶

(52) 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).¶

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (No 2007) (42 U.S.C. 5150).¶

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (No 2007) (42 U.S.C. 5150).¶

(55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).¶

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).¶

(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).¶

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).¶

(59) 52.232-34, Payment by Electronic Funds Transfer—Other than Syste for Award Management (Jul 2013) (31 U.S.C. 3332).¶

X (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).¶

(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).¶

X(62) 52,242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).¶

(63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial¶

This document was truncated for web display. See the linked source PDF for the complete record.

¶