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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES


1. REQUISITION NUMBER PAGE 1 OF
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30. 97
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE DATE
15A00024Q00000056 04/15/2024
a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL
7. FOR SOLICITATION TIME
INFORMATION CALL: Steven Jaimes Steven.Jaimes@ATF.gov 05/03/2024 11:00 ET
9. ISSUED BY CODE 15A000 10. THE ACQUISITION IS UNRESTRICTED OR X SET ASIDE:100.00 % FOR
ATF - ACQUISITION BRANCH
X SMALL BUSINESS WOMEN-OWNED SMALL NORTH AMERICAN
99 New York Ave. NE - #3.S-125 BUSINESS (WOSB) INDUSTRY CLASSIFICATION
HUBZONE SMALL STANDARD (NAICS):
Washington, DC 20226 BUSINESS ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS 541990
SERVICE-DISABLED
(EDWOSB) SIZE STANDARD:
VETERAN-OWNED
SMALL BUSINESS 8(A) $19.5M
(SDVOSB)
11. DELIVERY FOR FREE ON BOARD 12. DISCOUNT TERMS 13b. RATING
(FOB) DESTINATION UNLESS 13a. THIS CONTRACT IS A
RATED ORDER UNDER THE 14. METHOD OF SOLICITATION
BLOCK IS MARKED DEFENSE PRIORITIES AND REQUEST
NET 30 ALLOCATIONS SYSTEM -
REQUEST
X FOR QUOTE
INVITATION
FOR
X SEE SCHEDULE FOR BID
DPAS (15 CFR 700) PROPOSAL
(RFQ) (IFB)
(RFP)
15. DELIVER TO CODE 15A000 16. ADMINISTERED BY CODE A401050
See Schedule ATF - PASD - Acquisitions Branch
99 New York Ave NE
WASHINGTON, DC 20226

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE


CODE
15A000
OFFEROR

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
OFFER BELOW IS CHECKED SEE ADDENDUM

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


ITEM NUMBER SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract Victim Specialist services, to include advocacy,


support, and training, for the Eastern & Western regions.
ATF may entertain a multiple award, thus two (2)
contract vehicles.

See Section 3.3 for ATF's POCs.

See Continuation Sheet(s)


(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
X AND 52.212-5 ARE ATTACHED. ADDENDA
X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO 29. AWARD OF CONTRACT: REFERENCE _____________________________
X OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
HEREIN, IS ACCEPTED AS TO ITEMS:
TERMS AND CONDITIONS SPECIFIED.

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

Steven D Jaimes
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 11/2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
15A00024Q00000056 Page 2 of 97

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


ITEM NUMBER SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

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

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER
CORRECT FOR
COMPLETE PARTIAL FINAL
PARTIAL FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK


15A00024Q00000056 Page 3 of 97

Table of Contents

Section Description Page Number


Solicitation/Contract Form............................................................................................................... 1
1 Commodity or Services Schedule...................................................................................................5
2.1 Price/Cost Info for Contractor.............................................................................................. 6
3.3 ATF Points of Contact......................................................................................................... 7
ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or
SPECIFICATIONS (March 23, 2009)........................................................................................ 7
2 Contract Clauses........................................................................................................................... 18
2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV
2020).........................................................................................................................................18
52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020)..... 21
52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)........................... 21
52.204-13 System for Award Management Maintenance (Oct 2018)......................................21
52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)..................... 21
52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)........ 22
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services
(Nov 2023)................................................................................................................................22
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)...................................... 22
52.245-1 Government Property (Sep 2021)............................................................................ 22
52.245-9 Use and Charges (Apr 2012)................................................................................... 22
52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989)................... 22
52.217-8 Option to Extend Services (Nov 1999).....................................................................22
52.217-9 Option to Extend the Term of the Contract (Mar 2000)............................................22
52.222-25 Affirmative Action Compliance (Apr 1984)..............................................................23
2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)...................................23
2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014)...........................23
ATF-01 ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION
508) (July 2019, Updated January 2021)................................................................................ 24
ATF-04 Personnel Security Requirements (FEB 2024)...........................................................24
ATF-12 NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION
TECHNOLOGY (IT) SYSTEMS............................................................................................... 36
ATF-13 INCORPORATION OF VENDOR TERMS AND CONDITIONS..................................36
ATF-14 ELECTRONIC INVOICING (Revised October 27, 2008)............................................37
ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS........................................................ 37
ATF-18 REQUIREMENTS FOR ACCESS TO LAW-ENFORCEMENT, SENSITIVE
INFORMATION.........................................................................................................................37
ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT................................................... 38
ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES....................................38
ATF-21 ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT..................... 38
ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE................................... 39
ATF-23 PRIVACY OR SECURITY SAFEGUARDS.................................................................39
ATF-24 COMPUTER SECURITY............................................................................................ 40
ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised
June 2021)............................................................................................................................... 41
ATF-27 INFORMATION RESELLERS OR DATA BROKERS (Revised July 24, 2008)...........41
ATF-31 KEY PERSONNEL (April 16, 2010 - Revised on March 31, 2022).............................41
ATF-41 DEPARTMENT POLICY ON DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND
STALKING (July 2019)............................................................................................................ 41
DOJ-01 Whistleblower Information Distribution (Oct 2021)..................................................... 42
DOJ-02 Contractor Privacy Requirements (JAN 2022)........................................................... 42
DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023).....................47
DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021).................55
DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002)......... 60
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive
Orders-Commercial Products and Commercial Services (Feb 2024)...................................... 60
3 List of Attachments........................................................................................................................67
4 Solicitation Provisions....................................................................................................................68
15A00024Q00000056 Page 4 of 97

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal


Transactions (Sept 2007).........................................................................................................68
52.204-7 System for Award Management (Oct 2018)............................................................. 68
52.204-16 Commercial and Government Entity Code Reporting (Aug 2020).......................... 68
52.217-5 Evaluation of Options (July 1990)............................................................................ 68
ATF-53 WHISTLEBLOWER INFORMATION FOR EMPLOYEES OF DOJ CONTRACTORS,
SUBCONTRACTORS, GRANTEES, SUBGRANTEES OR PERSONAL-SERVICES
CONTRACTORS (March 2021)............................................................................................... 68
ATF-55 Personnel Security Requirements for Contractor Employees (Nov 2021).................. 68
52.204-17 Ownership or Control of Offeror (Aug 2020).......................................................... 71
52.204-20 Predecessor of Offeror (Aug 2020)........................................................................ 72
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance
Services or Equipment (Nov 2021)..........................................................................................72
52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct
2020).........................................................................................................................................74
52.209-7 Information Regarding Responsibility Matters (Oct 2018)........................................ 75
52.222-22 Previous Contracts and Compliance Reports (Feb 1999)...................................... 76
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-
Representation (Dec 2016)...................................................................................................... 76
2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020)................... 76
4.1 Quotation Instructions........................................................................................................ 77
5.1 Evaluation Criteria..............................................................................................................80
ATF-43 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION UNDER
ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY (DEVIATION 2015-02)
(March 2015)............................................................................................................................ 82
ATF-44 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS
PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE
(DEVIATION 2015-02) (March 2015)...................................................................................... 83
ATF-50 LIMITATIONS ON SUBCONTRACTING UNDER SMALL BUSINESS SET-ASIDES
(May 24, 2019).........................................................................................................................83
ATF-51 INDEPENDENT CONTRACTOR (March 9, 2021)..................................................... 83
ATF-52 INDEMNIFICATION CLAUSE (May 2021)................................................................. 83
52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial
Services (Feb 2024).................................................................................................................84
15A00024Q00000056 Page 5 of 97

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Contract Victim Specialist (CVS) services for the Eastern Region 12 MO $________ $_________________
per the Performance Work Statement (PWS) below

Shall not exceed 1,912 labor hours.


Firm Fixed Price
PSC: R499
Base Period
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 CVS services for the Western Region per the PWS below 12 MO $________ $_________________

Shall not exceed 1,912 labor hours.


Firm Fixed Price
PSC: R499
Base Period
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Other Direct Costs (ODCs) for the Eastern Region 1 YR $________ $_________________

Estimated: $500.00
Cost
PSC: R499
Base Period
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 ODCs for the Western Region 1 YR $________ $_________________

Estimated: $500.00
Cost
PSC: R499
Base Period
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Travel for the CVSs supporting both the Eastern & Western 2 YR $________ $_________________
Regions to be reimbursed via an InterAgency Agreement (IAA)

Estimated @ $21K/location & per year.


Cost
PSC: R499
Base Period
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 CVS services for the Eastern Region per the PWS below 12 MO $________ $_________________

Shall not exceed 1,912 labor hours.


Firm Fixed Price
PSC: R499
Option Period 1
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
15A00024Q00000056 Page 6 of 97

1002 CVS services for the Western Region per the PWS below 12 MO $________ $_________________

Shall not exceed 1,912 labor hours.


Firm Fixed Price
PSC: R499
Option Period 1
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 ODCs for the Eastern Region 1 YR $________ $_________________

Estimated: $516.00.
Cost
PSC: R499
Option Period 1
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1004 ODCs for the Western Region 1 YR $________ $_________________

Estimated: $516.00.
Cost
PSC: R499
Option Period 1
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1005 Travel for the CVSs supporting both the Eastern & Western 2 YR $________ $_________________
Regions to be reimbursed via an IAA

Estimated @ $21,693/location & per year.


Cost
PSC: R499
Option Period 1

2.1 Price/Cost Info for Contractor

Vendor shall propose pricing for the below CVS Services and ODCs.

Item No. Description of Fully Burdened Fully Burdened Base Year Price OY 1 Price
Services Labor Rate- Base Labor Rate- OY 1
Year
0001 & 1001 CVS Services for $ $ $ $
(Option Year (OY 1) the Eastern Region
0002 & 1002 (OY 1) CVS Services for $ $ $ $
the Western Region
0003 & 1003 (OY 1) ODCs for the $ $ $ $
Eastern Region
0004 & 1004 (OY 1) ODCs for the $ $ $ $
Western Region
0005 & 1005 (OY 1) Travel for the CVSs N/A N/A Not to be Not to be
supportting both the completed by completed by
Eastern & Western OFFEROR OFFEROR
Regions. per Section per Section
15A00024Q00000056 Page 7 of 97

4.1, QUOTATION 4.1, QUOTATION


INSTRUCTIONS INSTRUCTIONS

3.3 ATF Points of Contact

Contracting Officer: Steven Jaimes (Steven.Jaimes@ATF.gov), 202.648.8666


Contracting Officer Representative: To be determined at Award

ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or SPECIFICATIONS (March


23, 2009)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise
specified) to perform the Statement of Work (SOW), Statement of Objectives (SOO), Performance Work Statement (PWS)
or Specifications and all Section J attachments, as applicable.

(End of Clause)
1.0 INTRODUCTION AND BACKGROUND

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a law-enforcement organization within the United States’ (U.S.’)
Department of Justice (DOJ). ATF’s unique responsibilities consist of reducing violent crime, collecting revenue, and protecting the
public. ATF enforces federal laws and regulations relating to alcohol, tobacco, firearms, explosives, and arson by working directly
and in cooperation with other government agencies to:

a. Suppress and prevent crime and violence through enforcement, regulation and community outreach;
b. Ensure fair and proper revenue collection;
c. Provide fair and effective industry regulation;
d. Support and assist federal, state, local, and international law-enforcement agencies/organizations;
e. Provide innovative-training programs in support of criminal and regulatory-enforcement functions;
f. Help reduce the criminal use of firearms and;
g. Provide for public safety by reducing the criminal misuse of explosives, combating arson, and removing safety hazards caused
by improper and unsafe storage of explosive materials.

1.1 ATF’s mission is to protect communities from violent criminals, criminal organizations, the illegal use and trafficking of
firearms, the illegal use and storage of explosives, acts of arson and bombings, acts of terrorism, and the illegal diversion of alcohol
and tobacco products. One (1) of the most important components in accomplishing this mission is ATF’s Special Operations Division
(SOD), which supports ATF’s Field Divisions (FDs) through a variety of programs, including its Victim Witness Assistance Program
(VWAP). The VWAP fulfills a vital role in ATF’s violent-crime initiative.

1.2 The U.S. Attorney General mandates crime-victim rights and services. To accomplish this, ATF established Regional Victim
Witness Specialists (RVWS) within its VWAP to provide direct, victim services to crime victims (ATF personnel and their families
15A00024Q00000056 Page 8 of 97

who are victimized on or off duty) in the field throughout the U.S. ATF’s VWAP RVWS respond to a variety of situations and assist
victims exposed to violent crime and critical incidents by providing crisis response, referral services and follow-up assistance to said
crime victims and other law-enforcement personnel. The RVWS also provide the crime victims with notification of their rights and
services.

1.3 A DOJ Interagency Agreement (IAA) from the Office of Justice Programs (OJP), Office for Victims of Crime (OVC) will
support the two (2) Contracted-Victim Specialists (CVS) and provide Crime-Victims Fund money to ensure victims of federal crime,
under the jurisdiction of ATF, are provided fair and reasonable access to victim services and rights as it relates to the Attorney General
Guidelines for Victim and Witness Assistance (AGG), and the Justice for All Act of 2004.

2.0 OBJECTIVE/PURPOSE

The purpose of this PWS is for two (2) contracted personnel to serve as independent CVSs for their respective, awarded region and
provide a variety of crime-victim/victim-witness duties in support of ATF’s Field Operations directorate.

One (1) CVS will support the Western Region, consisting of nine (9) FDs with 192 field offices, AND one (1) CVS will support the
Eastern Region, consisting of eight (8) FDs with 129 field offices.

3.0 SCOPE

The CVSs shall perform the primary, operational-support duties below for all ATF FDs and Headquarters:

• provide backup support to all of ATF’s RVWSs and its VWAP Program Manager (PM) as it relates to victim services.
• conduct specialized trainings as needed and determined by the VWAP PM.
• assist ATF agents in securing victim safety and assist victims in finding secure locations and funding assistance.
• provide advocacy, support, and training services for ATF crime victims, to include training to ATF personnel on ATF’s
VWAP, the AGG, and mandated-victim rights. Additional presentations are provided for U.S. Attorney’s Office (USAO)
personnel, other Federal and state law-enforcement personnel and to the general public.

4.0 TASKS

The contractor (both CVSs) shall:

4.1 independently establish and maintain liaison with ATF’s field offices, DOJ counterparts, counterparts in other government and
outside/external organizations, including the OVC, the USAO, and various federal and regional victims' organizations, such as the
National Organization for Victim Assistance (NOVA), the National Victim Center, and other law-enforcement, social-services, tribal,
local-, state-, and federal-government agencies. Independently provide after-action reports after attending meetings and conferences
within five (5) business days

4.2 serve as a liaison at local, victim-service, network meetings.


15A00024Q00000056 Page 9 of 97

4.3 assist in the implementation of on-going training programs for Special Agents, law-enforcement partners, and the general
public.

4.4 assist in establishing internal guidelines and procedures for promoting field-office compliance to mandated regulations,
reporting, and procedural requirements.

4.5 serve as a Subject Matter Expert (SME) regarding ATF’s VWAP and crime-victim rights and services; and review proposed or
pending legislation concerning victim/witness-assistance issues, evaluate the content, and recommend revisions for the program based
on projected impact.

4.6 review the relevant materials from federal and local victim/witness providers, measure program effectiveness and efficiency
of procedures, and create and disseminate information and resources as needed to advance the goals and objectives of ATF’s VWAP
throughout ATF.

4.7 serve as a violent-crime-victim advocate for ATF’s crime victims, their families, and personnel, providing the following as
needed and requested:

a. 24-hour victim response;


b. Victim notifications of their rights and services;
c. Crisis intervention and referrals;
d. Coordination with and assistance to other federal and local, law-enforcement, victim coordinators in serving victims of critical
incidents;
e. Accompaniment of victims to court;
f. Accompaniment of/assistance to ATF agents in providing death notifications;
g. Assistance to ATF agents in victim interviews;
h. Gathering victim impact information; and/or
i. Gathering victim information for detention and preliminary hearings.

4.8 represent ATF on outside/external committees and at national conferences and seminars on issues relating to victim assistance,
including participating in local-community, victim events. Independently provide after-action reports after attending meetings and
conferences.

4.9 develop and maintain community-resource listings that include: homeless and domestic violence shelters, vetted hotels,
victims’ compensation, local victim services, community resources for essential needs like clothing and diapers, and vetted mental-
health providers.

4.10 assist case agents in the field with victim resource and service needs (including counseling) and locating emergency
funds/resources for the relocation of victims; and assist in the completion and submission of all relevant, funding requests and the
coordination of services and assistance with the USAO.

4.11 assist victims of violent crimes or their survivors, with all relevant resources and services and in obtaining State-Victim
Compensation and any other available financial compensation.
15A00024Q00000056 Page 10 of 97

4.12 ensure FDs are provided with the appropriate information and materials necessary to adhere to the requirements of ATF's
VWAP Orders and the AGG.

4.13 assist in the development of appropriate office procedures and forms; compose and transmit electronic communications, etc.
necessary to ensure the statutory and regulatory provisions of the VWAP are promulgated in a timely and effective manner.

4.14 conduct analysis of ATF's VWAP in the field to determine adequacy, efficiency, effectiveness, and quality of its services in
ATF’s field offices.

4.15 provide briefings to ATF’s management as well as other government and law-enforcement officials (both domestic and
foreign) regarding the purpose and scope of ATF’s VWAP, at the direction of VWAP PM. Ensure, in all instances, information is
authoritative and commensurate with ATF policies, procedures, and regulations regarding the ATF victim/witness assistance efforts.

4.16 conduct appropriate research to prepare responses to Congressional, Executive Branch agencies, press, and public inquiries
concerning matters related to ATF’s VWAP.

4.17 remain continually vigilant to ensure adherence to the Freedom of Information Act (FOIA) policy pertaining to the protection
and dissemination of confidential information.

4.18 coordinate efforts to provide services and other assistance to local, state and federal, victim-service providers during critical
or catastrophic incidents.

4.19 deploy and/or coordinate efforts to provide services and other assistance to victims during critical or catastrophic incidents,
to include coordinating with the USAO’s victim-witness coordinator as appropriate and communicating with case agents regarding
victims needs and services, at the direction of VWAP PM; locate and provide appropriate referrals as requested by victims and case
agents.

4.20 assist the RVWS with maintaining the victim-notification system (VNS) requirements to include inputting and updating
victim and case information; provide on-site support to FDs with victim needs in ATF investigations, as determined by the VWAP
PM.

4.21 assist the RVWS with:

a. Providing in-person and/or online consultation for ATF agents 24 hours a day, 7 days a week as needed and requested;
b. Providing training on AGG, ATF VWAP, and victimology;
c. Assisting with the coordination of victim-focused events;
d. Assisting ATF agents with locating counseling and other victim services in specified areas;
e. Developing positive working relationships with ATF’s FDs;
f. Following security protocols and securing all confidential information regarding case investigations and security of victims;
g. Responding to all phone and email requests, returning all communications as soon as possible, but no later than the close of
business the following day; and
h. Remaining abreast of all new guidance to implement best practices into the VWAP training and victim services.
15A00024Q00000056 Page 11 of 97

4.22 Review best practices for critical incidents and victim services.

4.23 Shall submit time sheets bi-weekly noting allocation of time providing victim services; submitted to the VWAP PM in a
timely manner. Expected work time of 80 hours bi-weekly.

4.24 Update and maintain the national Victim-Resource Guide (VRG) located on ATF's VWAP’s web page and iPhone
application that’s utilized by field Special Agents.

5.0 CONTRACTOR QUALIFICATIONS

The contractor (both CVSs) must have:

• a minimum of five (5) years of experience as a federal-government, crime-victim-service provider and as an instructor
for law-enforcement personnel on responding to and interviewing victims.
• a minimum of five (5) years of experience providing federal, law-enforcement training on victim and witness assistance
and victims’ rights and services per the AGG.
• maintain expertise in the field through continuing education, professional contacts, and networking.
• demonstrated knowledge of the DOJ’s AGG.
• experience responding to “real-world” crime-victim crises.
• experience utilizing DOJ’s VNS to provide federal, crime-victim notifications.
• experience conducting training for law-enforcement personnel.
• experience providing crime-victims services, as well as assisting and providing crime victims with mandated rights and
services.
• experience working with law enforcement in procuring logistical and financial resources to secure relocation as needed.
• experience working with victims of gang crimes, gun violence, mass causality, arson, and other violent crimes.
• experience developing and conducting workplace surveys and utilizing results to develop needed services.
• experience working independently and as a team player.
• training and experience required in providing crime-victim advocacy, crisis-response services.

The contractor (both CVSs) must provide deployment support on limited notice when necessary/requested; deployment support may
require travel throughout the U.S.

6.0 CONTRACT TYPE AND HOURS

ATF anticipates a hybrid, firm fixed price contract type with cost reimbursement for other direct costs (ODCs) and travel only for both
CVSs performing a minimum of 1,912 hours per year.

7.0 PERIOD OF PERFORMANCE (PoP)

The PoP shall be one (1) base year and one (1) option year, from the date of award, with services commencing immediately after the
background check is complete.
15A00024Q00000056 Page 12 of 97

8.0 DUTY STATION AND HOURS OF OPERATION

8.1 The primary place of work will be within an ATF FD, field office, or satellite office (see “Att. C_East-West_Locations). Exact
location to be determined by the nearest office location in the geographic area of the selected contractor’s location. Each Contractor
may have an alternate/remote-work option at the approval of the VWAP PM.

8.2 The contractor’s personnel shall conduct business based on an eight- (8-) hour workday that starts after 6:00am and concludes
before 6:00pm, Monday thru Friday, local time to their worksite except for federal holidays, leave/time-off, or when the Government
facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.
While the contractor is expected to work 40 hours per week, both CVSs may be expected to work extended hours due to the nature of
the services. Base hours will be adjusted accordingly and should not exceed 40 hours per week. Overtime is not authorized for this
contract vehicle.

9.0 ODCs

ODCs, not to exceed $500 for the base year and $516 for the optional year, may include, copying, faxing, phone usage, package
delivery, etc. To be reimbursed, invoices including ODCs must provide a detailed breakdown of the actual expenditures invoiced,
including receipts. Both CVSs shall maintain the original or legible copy of receipts for all ODCs invoiced. ATF reserves the right to
request evidence of any ODCs requested for reimbursement. To assure timely reimbursement, submit invoice of all charges within 30
days of expenditure (any single purchase of ODCs over $3,500.00 is subject to FAR competition requirements). No profit or fee will
be applied to ODCs. ODCs must be authorized and approved by the COR prior to any purchase if warranted.

10.0 TRAVEL

10.1 While this PWS requires the contractor (both CVSs) to travel, such will be reimbursed via DOJ-OJP’s IAA (per Section 1.3
above).

10.2 All work-related travel will be compensated in accordance with (IAW) the Federal Travel Regulations (FTR) and
reimbursable based on actual, allowable-direct costs IAW the Federal Acquisition Regulation (FAR) subpart 31.205-46, if warranted.
Travel costs are at the rate specified for the location and time frame identified on http://www.GSA.gov.

10.3 Extensive travel may be required under this PWS. Such travel is anticipated to be within the continental U.S. and less than
a week in duration. Travel may be pre-planned or emergency, unplanned actions. If located outside of the National Capital Region,
travel to ATF’s Headquarters in Washington DC will be required four (4) to six (6) times a year, to attend trainings and/or meetings.

10.4 Assistance in all regions and states may be required as needed during critical incidents. Travel is required to conduct
trainings, support crime victims, network with local and federal, victim-service providers as determined by the Deputy Chief, Special
Operations Division and the VWAP PM.
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10.5 Contractor personnel may be required to travel on commercial- and/or Government-provided transportation at Government
cost. The respective Contracting Officer Representative (COR) or Contracting Officer (CO) must authorize all travel prior to each trip
via email, if warranted.

10.6 Contractors shall utilize the respective Tax-Exemption Form, which the COR will provide, and only use accommodations
within the per-diem rates published on http://www.GSA.gov.

10.7 To be reimbursable, the travel expenses must be: (i) other than local-commuting, travel expenses within each contractor’s
duty station; (ii) allowable under the FTR and the provisions and/or clauses of the resulting award/order; (iii) approved by the COR or
an ATF CO prior to being incurred or expended; and (iv) allocable and necessary for performance of this PWS.

10.8 Contractor shall submit travel-reimbursement requests in sufficient time for the COR or ATF CO to give prior approval and
identify: (1) the name of the traveler(s); (2) destination(s), including itinerary; (3) purpose of the travel; and (4) cost breakdown.

10.9 To be reimbursed, contractor must provide a detailed breakdown of the actual expenditures on the invoice, including copies
of related receipts. Contractor shall maintain the original or legible copy of receipts for all travel expenses invoiced. Also, ATF
reserves the right to request evidence of any travel expense paid.

10.10 Under no circumstances will the Government allow profit for travel.

10.11 No local travel shall be reimbursed when within a 50-mile radius of the contractor’s work site.

11.0 INSPECTION AND ACCEPTANCE

ATF will conduct inspection and acceptance IAW FAR 52.212-4(a).

12.0 COR

The COR for this requirement is the individual within a program-management function who has overall technical responsibility for
efforts. Said individual(s) supports the Contract Specialist (CS) and the CO during administration of the contract/order in the below
manner:

• Performs inspection, rejection, and acceptance of deliverables, as necessary, and identifies deficiencies in delivered/
installed goods and rendered services, as necessary.
• Provides final decisions regarding any recommended rejection of deliverables.
• Provides technical clarification relative to overall contracting matters.
• Provides advice and guidance to the contractor in the preparation of deliverables.
• Recommends to the CS/CO any changes in the requirements.
• Maintains files of the contract/order, modifications, invoices, and important communications.
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The contractor shall not proceed with any instruction or direction given by the COR before receiving an executed modification signed
by the CO of the approved change(s). Otherwise, such will be at the contractor’s expense.

13.0 ATF POLICIES, PROCEDURES, AND STANDARDS

Both CVSs shall conform to the below ATF guidelines, security requirements, and federal regulation(s) and legislation throughout the
life of this contract/order. ATF reserves the right to amend/upgrade these standards and internal guidelines, processes, and procedures
as needed (i.e., based on technological advances, laws, and/or ATF’s need, etc.).

a. Minimum Database Security Requirements as prescribed by the ATF Information Systems Security Office (ATF ISSO)
b. National Institute of Standards and Technology (NIST) Special Publication 800-53
c. ATF Minimum Security Requirements for Contractor Off Site Labs
d. ATF Publication, 7500.1 Rules of Behavior and Customer Agreement for ATF Workstation Users
e. Section 508 of the Rehabilitation Act (29 U.S.C. 794d), Subpart B – Technical Standards, 1194.21, Software Applications
and Operating Systems, and 1194.22, Web-based Intranet and Internet Information and Applications, as it applies to this
requirement.

14.0 GOVERNMENT-FURNISHED PROPERTY (GFP)

ATF will provide the below GFP post background investigation:

a. Laptop/tablet with keyboard, mouse, and docking station;


b. ATF-Contractor identification (ID) and access card;
c. ATF-VWAP credentials; and
d. iPhone

15.0 QUALITY CONTROL (QC)

The contractor (both CVSs) shall develop, implement and maintain a QC program. The program shall include inspection, validation,
evaluation, corrective action and procedures necessary to affect QC of all performance and products provided under this contract/
order. The program shall allow inspection and evaluation by the Government and be applicable to all subcontractors and members of
the contractor’s team, as appropriate.

16.0 QUALITY ASSURANCE (QA)

The Government will evaluate the contractor’s performance under this contract IAW the Quality Assurance Surveillance Plan
(QASP), a document describing what the Government must do to assure the contractor has performed IAW the requirements of this
PWS (Att. D_QASP).

17.0 CONTRACT MANAGEMENT


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Notwithstanding the contractor's responsibility for total-management during the performance of this contract/order, the administration
of such shall require maximum coordination among the CS, CO, COR, and contractor. The CS, CO, and COR shall be the
Government’s POCs during performance of this PWS:

The CS is responsible for drafting and reviewing supporting documentation for the contract file, as well as contractual documents
(i.e., including determinations, memos, modifications, etc.). Additionally, the CS performs similar duties as the CO, yet without any
signatory authority.

The CO is the only person authorized to approve changes in the terms, conditions, delivery/installation schedules, technical
requirements, or price, as set forth in the contract. Any changes not made expressly by the CO will be considered to have been
without authority. In such cases, the contractor is operating at its own risk because no adjustment will be made in the contract, price or
otherwise to cover any increase in charges incurred as a result thereof. During any absence of the CO identified for this contract, other
warranted COs from ATF may authorize work under the contract/order.

The CO will designate the COR in writing to represent him/her. The COR has the authority to monitor all technical aspects and
assist in administering the contract. Said individual shall ensure the contractor performs the technical requirements of the contract
by: performing, or causing to be performed, inspections necessary in connection with performance of the contract; maintaining both
written and oral communications with the contractor concerning the aspects of the contract within his/her purview; monitoring and
assessing the contractor's performance under the contract and notifying the contractor and CO of any deficiencies observed; receiving
and approving/rejecting deliverables, invoices and certain-other requests as mentioned in a previous Section(s); also coordinating GFP
availability and providing for site entry of contractor personnel, if required.

The COR will forward a copy of his/her signed, COR-Appointment Memo to the contractor. Said memo will include the
responsibilities and limitations of the COR and clarify to all parties the responsibilities that would result in a modification to change:
the scope of work; cost or price totals/estimates; delivery/installation dates/schedule; and/or any other mutually agreed upon term or
provision of the contract.

The contractor is responsible for carrying out its obligations under this contracting vehicle, which includes controlling the quality
of supplies and/or services, tendering to the Government for acceptance, ensuring vendors/suppliers meet QC standards, and
maintaining substantiating evidence of compliance as required. The contractor is also responsible for performing all inspections and
tests as required and may consider implementing a quality-management system consistent with the International Organization for
Standardization (ISO) 9001-2000, Quality Management Systems Requirements, if it doesn’t already have such in place.

18.0 REPORTS

18.1 Submit mid-year and annual Status-Work Reports that meet the following criteria:

a. Evaluate ATF's VWAP’s activities and provide the VWAP PM with a status-work report that includes data on number of
victims assisted, case-action assistance provided, other services provided trainings and meetings attended, and trainings
provided.
b. Reports shall include actual progress, deliverables submitted during the period, problem areas, work planned and/or in progress,
and deliverables planned and/or in progress.
c. Mid-Year Status-Work Report is estimated to be due every April. Annual Status-work Report is due when assigned by the
OVC.
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18.2 Submit Scheduled Reports that meet the following criteria:

a. Complete said reports by deadline assigned by the OVC and the OJP and determine effectiveness through response to
participant evaluations and feedback from the field.
b. Provide recommendations and revisions to redesign or restructure aspects of the program.

19.0 BACKGROUND INVESTIGATION

The contractor (both CVSs) must conduct preliminary inquiries/checks AND analyze the below areas prior to submitting a candidate
for ATF’s consideration:

A. Drug Activities: Contractors currently involved in illegal drug activities or substance abuse are ineligible for hiring. Past
involvement in illegal drug activities or substance abuse may disqualify the candidate if activities were more than minimal and
limited.

B. Financial Interests in Regulated Industries: The contractor, his/her spouse, or his/her minor child, who has a financial interest in a
firearms or explosives entity may have to be willing to surrender the license/permit and/or the financial interest in the business prior to
the contractor entering on duty.

C. Financial Responsibilities: A contractor who is currently delinquent more than 120 days with any debt must provide to the
evidence of resolution by timely submitting proof of payment, proof of participation in or compliance with a payment plan, or proof of
a legal remedy. A contractor who declines to provide evidence of resolution will be disqualified from eligibility consideration.

D. Prohibited Persons: Federal law states it is unlawful for a person who has been convicted of a misdemeanor crime of domestic
violence or has a qualifying order of protection against him/her to possess a firearm or ammunition. Federal law prohibits the
possession of firearms, ammunition, and explosives by a person who: has been convicted of a crime punishable by a term of
imprisonment exceeding one (1) year; is a fugitive from justice; is an unlawful user of, or addicted to, a controlled substance; has
been adjudicated as a mental defective or committed to a mental institution; is an alien illegally or unlawfully in the U.S.; is an alien
who has been admitted to the U.S. under a nonimmigrant visa (with certain exceptions); has been discharged from the military under
dishonorable conditions; or has renounced his/her U.S. citizenship. Federal law prohibits the receipt of firearms and ammunition
and the receipt or possession of explosives by a person who is under indictment for a crime punishable by a term of imprisonment
exceeding one (1) year; is a fugitive from justice; is an unlawful user of, or addicted to, a controlled substance; has been adjudicated
as a mental defective or committed to a mental institution; is an alien illegally or unlawfully in the U.S.; is an alien who has been
admitted to the U.S. under a nonimmigrant visa (with certain exceptions); has been discharged from the military under dishonorable
conditions; or has renounced his/her U.S. citizenship. Federal law prohibits the receipt of firearms and ammunition and the receipt or
possession of explosives by a person who is under indictment for a crime punishable by a term of imprisonment exceeding one (1)
year.

E. Residency and Citizenship Requirements: For three (3) of the last five (5) years, the contractor must have either resided in the U.S.,
worked for the U.S. in a foreign country in a federal or military capacity, and/or been a dependent of a federal or military employee in
a foreign country. (The years do not need to be consecutive and may be cumulative.)
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F. Selective Service: All male U.S. citizens born after December 31, 1959, who are 18 years old, but not yet 26 years old, must register
with the Selective Service.

G. E-Verify Program: Verify the Candidate’s U.S. employment eligibility, regardless of the Candidate’s citizenship status.

If the contractor determines its personnel/candidate is not in compliance with one (1) or more of the above requirements, the
contractor shall not submit the individual/candidate for consideration.

Contractors must undergo and receive a favorably-adjudicated, Federal-background investigation (BI) as determined by the position’s
sensitivity designation prior to commencing work performance. The BI is to determine the contractor’s suitability to access ATF
information, information technology (IT) systems and/or unescorted access to facilities.

This investigation will be conducted by or under the auspices of the ATF, Personnel Security Division (PSD) and be performed under
such standards PSD may establish. If a contractor has a current BI with another agency, PSD will follow reciprocity procedures
for security; however, ATF will still conduct a review to determine the contractor’s compliance with all ATF agency specific
requirements will be conducted prior to authorizing access to ATF information, IT systems, and/or unescorted access to facilities.

Failure to adhere to ATF’s conduct and integrity guidelines and/or follow DOJ’s and/or ATF’s agency-specific qualifications may
result in immediate disqualification of the contractor. Additionally, failure to complete the required personnel security forms and have
a BI favorably adjudicated will result in disqualification.

The Contractor may be authorized access to ATF information, IT systems and/or unescorted access to facilities with an approved
temporary eligibility (TE) while awaiting the completion of the full BI. The ATF COR may request a TE only after advising and
gaining the concurrence of the contractor. Should, at any time, suitability or security issues are developed that cannot be resolved or
mitigated, the contractor will no longer be granted continued access to ATF information, IT systems, and/or unescorted access to any
ATF facility and will be removed from the contract/task order. (See ATF-04 clause also).

20.0 INVOICING AND PAYMENT

The contractor shall submit proper invoices to Finance.Branch@ATF.gov per ATF clause #ATF-14 IAW FAR 32.9, Prompt
Payment. Payment for all goods and/or services shall be made upon Government acceptance IAW FAR clause 52.232-1, Payments,
and 52.232-8, Discounts.

21.0 CLOSEOUT

The contractor shall submit a final invoice within 45-calendar days after the end of the performance period. Within 15-calendar days
of receiving the final payment, the contractor shall furnish a completed and signed Release of Claims to the CO; such may be in the
form of a Closeout-modification to the contract.
15A00024Q00000056 Page 18 of 97

Section 2 - Contract Clauses

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)
When a commercial item is contemplated (using FAR part 12 procedures or otherwise) and the contract will include FAR
52.212-4, the following replaces subparagraph (g)(2); paragraph (h); subparagraph (i)(2); paragraph (s); and paragraph
(u), Unauthorized Obligations, of the basic FAR clause, and adds paragraph (w), as follows:
(g)(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management
and Budget (OMB) prompt payment act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt
payment, of this clause.
*****
(h) Patent indemnity. Contractor shall indemnify and hold harmless the Government and its respective affiliates, officers,
directors, employees, agents, successors and assigns (collectively, “Indemnities”) from and against any and all liability
and losses incurred by the Indemnities that are (i) included in any settlement and/or (ii) awarded by a court of competent
jurisdiction arising from or in connection with any third party claim of infringement made against Indemnities asserting that
any product or service supplied under this contract constitutes infringement of any patent, copyright, trademark, service
mark, trade name or other proprietary or intellectual right. This indemnity shall not apply unless Contractor shall have
been informed within a reasonable time by the Government of the claim or action alleging such infringement and shall
have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. This
indemnity also shall not apply to any claim unreasonably settled by the Government which obligates Contractor to make
any admission or pay any amount without written consent signed by an authorized officer of Contractor, unless required
by final decree of a court of competent jurisdiction.
*****
(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the
sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the
acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a
proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept
such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of
deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient
or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of
this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered
or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period,
the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive
acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract
administration functions, or make payment prior to fulfilling their responsibilities.
*****
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the
following order:
(1) The schedule of supplies/services.
(2) The Assignments, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government
Contracts provisions of the basic FAR clause at 52.212-4, and the Unauthorized Obligations and Contractor's Commercial
Supplier Agreements—Unenforceable Clauses provisions of JAR 2852.212-4.
(3) FAR 52.212-5.
(4) Other paragraphs of the basic FAR clause at 52.212-4, with the exception of paragraph (o), Warranty, and those
paragraphs identified in this deviation of 52.212-4.
(5) Addenda to this solicitation, contract, or order, including contractor's Commercial supplier agreements incorporated
into the contract.
(6) Solicitation provisions if this is a solicitation.
(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-4.
(8) The Standard Form 1449.
(9) Other documents, exhibits, and attachments.
(10) The specification.
*****
(u) Unauthorized obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is
subject to any Commercial supplier agreement that includes any language, provision, or clause requiring the Government
15A00024Q00000056 Page 19 of 97

to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create
an Anti-Deficiency Act violation (see 31 U.S.C. 1341), the following shall govern:
(i) Any such language, provision, or clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by
virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an
“I agree” click box or other similar mechanism ( e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind
the Government or any Government authorized end user to such clause.
(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have
no effect.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by
statute and specifically authorized under applicable agency regulations and procedures.
*****
(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract
or order is subject to a contractor's commercial supplier agreement, the following shall be deemed incorporated into such
agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, “this
agreement” means any contractor commercial supplier agreement:
(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S.
Government, the following shall apply:
(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the
acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts,
task orders, and delivery orders under FAR part 12).
(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government
employee or person acting on behalf of the Government in his or her personal capacity.
(iii) Law and disputes. This agreement is governed by Federal law.
(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory,
district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of
such laws, is hereby deleted and shall have no effect.
(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that
prescribed by applicable Federal law is hereby deleted and shall have no effect.
(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by
applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.
(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the
Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes
Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR
52.212-4.
(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract,
order, or this agreement, (A) binding arbitration shall not be used unless otherwise specifically authorized by agency
guidance, and (B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded
against the Government only when explicitly provided by statute.
(vi) Updating terms.
(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:
(1) Terms that change Government rights or obligations;
(2) Terms that increase Government prices;
(3) Terms that decrease the overall level of service; or
(4) Terms that limit any other Government right addressed elsewhere in this contract.
(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be
incorporated into the contract using a bilateral modification.
(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material
term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be
deemed to have consented to them.
(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable
against the Government. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212-4(s),
as revised by JAR 2812.302 and 2852.212-4(s).
(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g.,
annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration
of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of
any license or service purporting to provide for automatic renewal is unenforceable against the Government.
(ix) Indemnification by the Government or end-user. Any language, provision, or clause of this commercial supplier
agreement requiring the Government or End-user to indemnify the commercial supplier or licensor is not enforceable
against the Government.
15A00024Q00000056 Page 20 of 97

(x) Indemnification by the commercial supplier or licensor. Any clause of this agreement requiring or permitting the
commercial supplier or licensor to defend the Government as a condition of indemnifying the Government for any claim of
infringement is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United
States in any such action, in accordance with 28 U.S.C. 516.
(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the
end user's compliance with this agreement is not enforceable against the Government. To the extent any language,
provision or clause of this agreement permits Contractor to audit the Government's compliance under this contract, order,
or agreement, such language, provision, or clause of this agreement is hereby stricken and replaced as follows:
“(A) If Contractor reasonably believes that the Government has violated the terms of this agreement with regard to the
restrictions on authorized use and/or the number of authorized users, upon written request from Contractor, including an
explanation of the basis for the request, DOJ will provide a redacted version of the Government's most recent Security
Assessment and Authorization package (SAA) to Contractor on a confidential basis, so that Contractor may reasonably
verify the Government's compliance with its obligations under this agreement. Contractor understands and agrees that
the Government will remove or redact any information from the SAA that it reasonably believes may compromise (a) the
security of the Government's information technology environment; (b) the confidentiality of any third-party proprietary
or confidential information; (c) any confidential, sensitive law enforcement information; and (d) any other information
that the Government believes may compromise a past, current, or prospective investigation, prosecution, or litigation.
Notwithstanding the preceding, and subject to the Government's policies and procedures for such review, including but
not limited to complying with all Government security requirements prior to being granted access to the Government's
facilities, including the execution of appropriate confidentiality and/or non-disclosure agreements, the Government will
arrange, upon Contractor's written request, for Contractor to view an un-redacted version of the SAA on Government
premises. Contractor understands that Contractor will be provided a copy of the un-redacted SAA on Government
premises only and that no un-redacted copy of the SAA, or any medium containing information relating to it, will be
permitted to be removed from Government premises.
(B) The Contractor also understands and agrees that the Contractor shall make a request under this paragraph no more
than on an annual basis and only during the period of the contract, and that any activities performed by Contractor under
this clause will be performed at Contractor's expense, without reimbursement by the Government.
(C) Discrepancies found with regard to the restrictions on authorized use and/or the number of authorized users may
result in a charge by Contractor to the Government. Any resulting invoice must comply with the proper invoicing and
payment requirements specified in the contract. This charge, if disputed by the Government, will be resolved through the
Disputes clause at 52.212-4(d); no payment obligation shall arise on the part of the Government until the conclusion of the
dispute process.”
(xii) Taxes or surcharges. Any taxes or surcharges which the Contractor seeks to pass along to the Government as end
user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the
Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the
Government contract.
(xiii) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated,
without the Government's prior approval, except as expressly permitted under FAR 52.212-4 (b), Assignment.
(xiv) Confidential information.
(A) During the term of this contract or order, either party may identify information as “confidential information,” and
there shall be no disclosure, dissemination, or publication of any such information except to the extent required for the
performance of this contract or order and otherwise provided in this clause or by statute or regulation. Specifically, the
parties agree that the party receiving confidential information may only disclose such information to its employees and
contractors on a “need-to-know” basis to carry out the obligations of this contract or order, and that subcontractors
performing under this Agreement are subject to the same stipulations provided in this provision. The parties also agree
that this provision shall survive the termination of this contract or order, and any confidential information obtained or
received which comes within these restrictions shall remain confidential, provided that the obligation to treat information
as confidential shall not apply to information which is or becomes publicly available through no improper action of the
receiving party; is or comes to be in the receiving party's possession independent of its relationship with the disclosing
party; is developed by or becomes known to the receiving party without use of any confidential information of the
disclosing party; or is obtained rightfully from a third party not bound by an obligation of confidentiality. Additionally,
nothing in this contract or order shall restrict disclosure by the receiving party pursuant to any applicable law, including
but not limited to the Freedom of Information Act, 5 U.S.C. 552, et seq., or an order of any court of competent jurisdiction,
provided that in either such case the receiving party gives prompt notice to the disclosing party to allow the disclosing
party to interpose an objection to such disclosure, take action to assure confidential handling of the confidential
information, or take such other action as it deems appropriate to protect its confidential information.
(B) The Government considers and hereby identifies as confidential any and all information related to any inquiries and/
or searches performed by the Government or by contractor at the Government's direction under this contract or order,
including the subject of any such inquiry or search and any and all search terms, regardless of whether provided in writing
or orally to Contractor, and Contractor agrees that it may only disclose such information to its employees and contractors
15A00024Q00000056 Page 21 of 97

on a “need-to-know” basis to carry out the obligations of this contract or order and that it will not share, reveal, divulge,
disclose, disseminate, or publicize any such information to any third party except as provided in this provision without
the prior written approval of the Contracting Officer. Contractor also understands and agrees that any subcontractors
performing under this contract or order are subject to the same stipulations and that Contractor may be held responsible
for any violations of confidentiality by a subcontractor.
(C) These provisions are consistent with and do not supersede, conflict with, or otherwise alter an employee's obligations,
rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications
to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a
gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other
whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by Executive
orders and statutory provisions relating to whistleblower protection are incorporated into this contract and are controlling.
(D) The Government may share the terms, conditions and prices set forth in this Order with, and provide a copy of the
Order to, other Executive branch agencies of the U.S. Government, provided that the Government shall ensure that other
Executive branch agencies to which it provides such information will be required to treat all such information consistent
with terms and conditions set forth in this Order.
(E) Notwithstanding anything in this agreement, the Government may retain any confidential information as required by
law, regulation, or its internal document retention procedures for legal, regulatory, or compliance purposes; provided,
however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this
Order.
(xv) Authorized users. Authorized users may include full and part-time employees of the Government, including those
working at or from remote locations, and contractors and contractor employees working within the scope of their contract
with the Government, including those at or from remote locations.
(xvi) Authorized use. Authorized users are authorized to use the product or service acquired under this contract in
performing business on behalf of the Government. Any information obtained or acquired by the Government under this
contract may be used by the Government in the performance of Government business.
(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1),
the language, provisions, or clause of paragraph (w)(1) shall prevails to the extent of such inconsistency.

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial
Services (Nov 2023)

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

Clauses By 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)


52.203-12 Limitation On Payments to Influence Certain Federal

Transactions (Jun 2020)

52.204-9 Personal Identity Verification of Contractor Personnel

(Jan 2011)

52.204-13 System for Award Management Maintenance (Oct 2018)


15A00024Q00000056 Page 22 of 97

Clause Title Fill-ins (if applicable)


52.204-18 Commercial and Government Entity Code Maintenance

(Aug 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems (Nov 2021)

52.212-4 Contract Terms and Conditions-Commercial Products

and Commercial Services (Nov 2023)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.245-1 Government Property (Sep 2021)

52.245-9 Use and Charges (Apr 2012)

Clauses By Full Text

52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the
quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the
Contractor within three (3) days [insert in the clause the period of time in which the Contracting Officer has to exercise the
option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the
parties otherwise agree.

(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 three (3) days
[insert the period of time within which the Contracting Officer may exercise the option].

(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 three (3) days [insert
the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the
Contractor a preliminary written notice of its intent to extend at least 15 days 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 two (2)
years, yet two (2) years and six (6) months if 52.217-8 is exercised to its full extent (months)(years).

(End of clause)
15A00024Q00000056 Page 23 of 97

52.222-25 Affirmative Action Compliance (Apr 1984)

The offeror represents that--

(a) It __ has developed and has on file, __ has not developed and does not have on file, at each establishment,
affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It __ has not previously had contracts subject to the written affirmative action programs requirement of the rules and
regulations of the Secretary of Labor.

(End of provision)

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

(a) Mr./Ms. TO BE ANNOUNCED AT AWARD of [Organization] , [Address] , [Area Code, Telephone Number] , is
hereby designated to act as Contracting Officer's Representative (COR) under[Contract Number] , for the period of
[Period] (specify the performance period of the contract that the designation covers).
(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another
representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation,
the following:
(i) Receiving all deliverables;
(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this
contract;
(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling
in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished
satisfactorily;
(iv) Evaluating performance of the Contractor; and
(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.
(c) The COR does not have the authority to issue direction that:
(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.
(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.
(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;
(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the
contract;
(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or
condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the
contract terms and conditions;
(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;
(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.
(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the
opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b)
above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.
(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a
dispute that shall be subject to the “Disputes” clause and/or other similar contract term.
(f) COR authority is not re-delegable.
(End of Clause)

2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014)

(a) It is DOJ policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault,
and stalking. This policy is summarized in “DOJ Policy Statement 1200.02, Federal Workforce Responses to Domestic
Violence, Sexual Assault, and Stalking,” available in full for public viewing at: http://www.justice.gov/sites/default/files/ovw/
legacy/2013/12/19/federal-workplacee-responses-to-domesticeviolence-sexualassault-stalking.pdf.
Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed
URL, to all Vendor employees and employees of subcontractors who will be assigned to work on DOJ premises.
(b) Upon contract award, DOJ will provide the Contractor with the name and contact information of the point of contact
for victims of domestic violence, sexual assault, and stalking for the component or components where the Contractor will
be performing. The Contractor agrees to inform its employees and employees of subcontractors, who will be assigned
15A00024Q00000056 Page 24 of 97

to work on DOJ premises, with the name and contact information of the point of contact for victims of domestic violence,
sexual assault, and stalking.
(End of Clause)

ATF-01 ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION 508) (July 2019, Updated
January 2021)

Each Electronic and Information Technology (EIT) product furnished under this contract shall meet the Electronic and
Information Technology Accessibility Standards (36 CFR 1194).

Submission of a Voluntary Product Accessibility Template (VPAT) following the guidelines described at www.section508.gov/sell/
vpat is required. Alternative formats or certifications may be used only when approved by the Contracting Officer. VPAT(s) must be
provided to the Contracting Officer prior to contract award.

(End of Clause)

ATF-04 Personnel Security Requirements (FEB 2024)

PERSONNEL SECURITY REQUIREMENTS (FEB 2024)

Candidate Screening

A. The Contractor shall ensure that all potential Contractor employees (Candidates) assigned hereunder undergo
ATF’s personnel security process to determine their eligibility for access to ATF information, information technology (IT)
systems, and/or unescorted access to ATF facilities.

B. The personnel security process will be conducted by or under the auspices of the Personnel Security Division (PSD),
Office of Professional Responsibility and Security Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF). The Contractor is responsible for providing a Personnel Security Package to the Candidate to complete. Once
completed, the Candidate must return the Package to the Contractor so that the Candidate may be screened by the
Contractor.

C. The Contractor will conduct the Candidate screening by reviewing each completed form submitted by the Candidate.
The Contractor will make a preliminary determination whether the Candidate possesses a personal history that complies
with ATF’s Agency Specific Qualifications (ASQs).

1. If the Contractor has questions or concerns regarding the Candidate’s responses to questions on any of the
forms, the Contractor must discuss the responses with ATF’s assigned Contracting Officer (CO)/Contracting
Officer’s Representative (COR) to determine whether ATF will accept the Candidate’s Personnel Security
Package for processing.

2. If the Contractor believes that the Candidate’s responses are/will not be in compliance with one or more
ASQs, the Contractor will remove the Candidate from consideration and, if warranted, identify a replacement
Candidate.

D. Agency-Specific Qualifications (ASQs). ASQs are requirements established by Federal mandates, Department of
Justice (DOJ) regulations or policies, and/or ATF regulations or policies that Candidates must be in compliance with prior
to being granted access to ATF information, IT systems, and/or unescorted access to ATF facilities. ASQs include:

1. Drug Policy. ATF applies a specific policy to the Candidate’s past and present illegal drug activities
to determine whether the Candidate is in compliance with this ASQ. This internal policy is applied to the
Candidate’s responses on ATF F 8620.12, Drug Activity Questionnaire, completed as part of the Personnel
Security Package.

a) Candidates currently involved in illegal drug activities or substance abuse may be ineligible for hiring.

b) Past involvement in illegal drug activities or substance abuse may disqualify the Candidate if
activities were more than minimal and limited.
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2. Financial Interests in Regulated Industries. Title 5, Code of Federal Regulations, Section 3801.107 states,
“…no employee of the ATF, or spouse or minor child of an ATF employee, shall have, directly or indirectly,
any financial interest, including compensated employment, in the alcohol, tobacco, firearms or explosives
industries." (This includes being listed as a responsible person on a Firearms License or an Explosives License
or Permit.) This regulation is applied to the Candidate’s responses on ATF F 8620.44, Licensing Questionnaire,
completed as part of the Candidate’s Personnel Security Package, and ATF licensing records to determine if the
Candidate complies with this ASQ.

a) The Candidate, his/her spouse, or his/her minor child with a financial interest in a firearms or
explosives entity may have to surrender the license/permit and/or the financial interest in the business
before the Candidate enters duty.

b) A determination by ATF’s Office of Chief Counsel will be made regarding financial interest held by
the Candidate, his/her spouse, or his/her minor child in the alcohol and tobacco industries prior to the
Candidate entering on duty.

3. Financial Responsibilities. The DOJ provides specific regulations and policies relating to a Candidate’s
financial obligations and delinquent debts. These regulations and policies are applied to the Candidate’s
responses on ATF F 8620.28, Financial History Questionnaire (completed as part of the Personnel Security
Package), credit reports/financial data obtained by ATF, and the sensitivity level of the position for which the
Candidate is being considered to determine if the Candidate complies with this ASQ.

a) A Candidate who is currently delinquent more than 120 days with any debt must provide to the
Contractor evidence of resolution by timely submitting proof of payment, confirmation of participation in
or compliance with a payment plan, or proof of a legal remedy.

b) A Candidate who declines to provide evidence of resolution will disqualify the Candidate from
eligibility consideration.

4. Prohibited Persons. ATF applies a specific policy to Candidates relating to an individual’s prohibition from
possessing or receiving firearms, explosives, and/or ammunition. This policy, based on the prohibitions outlined
in the Gun Control Act (18 U.S.C. Chapter 44) and Importation, Manufacture, Distribution, and Storage of
Explosives Materials (18 U.S.C. Chapter 40), is applied to the Candidate’s responses to ATF F 8620.57,
Prohibited Persons Questionnaire (completed as part of the Personnel Security Package). ATF will conduct law
enforcement and court record checks to determine whether the Candidate complies with this ASQ.

a) Federal law states that it is unlawful for a person convicted of a misdemeanor crime of domestic
violence or has a qualifying order of protection against them to possess a firearm or ammunition. The
law prohibits these persons from shipping, transporting, or receiving firearms them ammunition.

b) Federal law prohibits the possession of firearms, ammunition, and explosives by a person convicted
of a crime punishable by a term of imprisonment exceeding one year; is a fugitive from justice; is an
unlawful user of, or addicted to, a controlled substance; has been adjudicated as a mental defective or
committed to a mental institution; is an alien illegally or unlawfully in the United States; is an alien who
has been admitted to the United States under a nonimmigrant visa (with certain exceptions); has been
discharged from the military under dishonorable conditions; or has renounced them U.S. citizenship.

c) Federal law prohibits the receipt of firearms and ammunition and the receipt or possession of
explosives by a person under indictment for a crime punishable by a term of imprisonment exceeding
one year.

5. Residency and Citizenship Requirements. The DOJ has specific requirements relating to a Candidate’s
residency status and citizenship, including that non-U.S. citizens shall not be authorized access to IT systems.
Compliance with this ASQ is determined by identifying the Candidate’s residency status and citizenship through
a review of the Candidate’s responses to ATF F 8620.58, Residency and Citizenship (completed as part of the
Personnel Security Package); review of the Candidate’s Personally Identifiable Information (PII); determination
regarding the type of position applied for by the Candidate; and verification whether the Candidate requires
computer access.
15A00024Q00000056 Page 26 of 97

a) Residency Requirements. For 3 of the last 5 years, the Candidate must have either resided in the
United States, worked for the United States in a foreign country in a Federal or military capacity, and/
or been a dependent of a Federal or military employee in a foreign country. (The 3 years need not be
consecutive; they may be cumulative during the past 5 years.)

b) Citizenship Requirements. The Candidate must be able to provide proof of U.S. citizenship or
proof that they are a foreign national legally permitted to reside in the U.S. in order to work on an ATF
contract and gain access to ATF information and/or unescorted access to ATF facilities. (Acceptable
Department of Homeland Security Credentials to prove immigrant status or employment authorization
are listed on Form I-9, Employment Eligibility Verification.)

1) Foreign nationals’ country of citizenship must be on the approved countries list as defined
by the Federal Personnel Vetting Investigative Standards or superseding regulations.

2) Candidates who are non-U.S. citizens may not be authorized access to or assist in the
development, operation, management or maintenance of ATF IT systems unless temporary
eligibility has been approved by the ATF Director, with the concurrence of the DOJ Chief
Information Officer and the Department Security Officer.

6. Selective Service. Although there are a few exceptions, the Military Selective Service Act requires all male
U.S. citizens born after December 31, 1959, who are 18 years old but not yet 26 years old to register with the
Selective Service. Male Candidates should access https://www.sss.gov/ to verify that they are registered with
the Selective Service. This requirement is applied to male Candidates’ responses on Optional Form (OF) 306,
Declaration for Federal Employment. ATF will also conduct a Selective Service query to determine whether the
Candidate complies with the Selective Service Laws and this ASQ.

7. Homeland Security Presidential Directive 12 (HSPD-12). This Directive sets forth policy regarding the
completion of a Personal Identity Verification (PIV) check prior to the Candidate being provided a federally-
issued identification card for a Federal building and access to Government IT systems.

a) When requested by an ATF representative, the Candidate must be able to present (in person
for viewing) two forms of original, unexpired government-issued identification in accordance with
HSPD-12 requirements (e.g., raised seal birth certificate or current passport, along with a current
driver’s license or state-issued photo identification card). Copies of the forms of identification and/or
unexpired documents are not acceptable.

b) The COR or other approved ATF representative must complete a PIV check form and submit it along
with the Personnel Security Package to the PSD.

c) The Contractor should advise the Candidate to locate the necessary forms of identification and/or
documents in advance to assist in timely completion of this part of the personnel security process.

E. Contractor’s Preliminary Determination of Employment Eligibility. The Contractor must make a preliminary
determination whether the Candidate complies with the ASQs after reviewing the Candidate’s completed Personnel
Security Package.

1. When a Contractor determines that a Candidate is not in compliance with one or more of the ASQs, the
Contractor should not submit the Candidate’s Personnel Security Package for personnel security processing and
should identify a new Candidate for consideration.

2. When a Contractor makes an initial determination that the Candidate complies with the ASQs, the
Contractor should follow the below guidance relating to the E-Verify Program, Tentative Employment Offer, and
Employment References. Once the Contractor completes these responsibilities, the Contractor shall submit the
Candidate’s Personnel Security Package to the CO/COR.

F. E-Verify Program. Once the Contractor makes a preliminary determination that the Candidate is in compliance
with ATF ASQs, the Contractor must access the Department of Homeland Security’s E-Verify Program to verify the
Candidate’s U.S. employment eligibility, regardless of the Candidate’s citizenship status. If the Contractor cannot verify
the Candidate’s employment eligibility, the Candidate’s Personnel Security Package shall not be forwarded to the CO/
COR.
15A00024Q00000056 Page 27 of 97

1. Contractors must register for access to the E-Verify Program on-line at https://www.vis-dhs.com/
employerregistration/. This website provides instructions to employers on completing a Memorandum of
Understanding required for official registration in the E-Verify Program.

2. Contractors requesting additional information about the Program can visit the E-Verify website at
www.dhs.gov/E-Verify or call the E-Verify Program office at 1-888-464-4218.

G. Notification of Candidate Employment Reference Checks. The Contractor shall inform the Candidate that before
being approved for access, ATF will conduct Supervisory Employment Reference Checks for all the Candidate’s
employments during the past 2 years if the Candidate is being submitted for a Temporary Eligibility determination. In
addition, Contractors shall advise Candidates that employment records may be reviewed for all employments during the
past 5 years if a background investigation (BI) is conducted.

H. Personnel Security Processing. Upon completion of the Candidate screening, the Contractor shall forward the
Personnel Security Package to the CO/COR. The CO/COR will review the entire Package for completeness. The CO/
COR will then electronically submit the Candidate along with all applicable personnel security forms to the PSD through
PSD’s Case Management System. The Candidate must submit his/her fingerprint cards to the PSD via commercial mail
carrier to 99 New York Avenue, Suite 1.E-300, Washington, DC 20226 for processing.

Note: The personnel security process will not begin until a full package is submitted to include fingerprint
cards.

1. Costs and fees associated with the Candidate screening (including fingerprinting) incurred by the Contractor or
Candidate will not be reimbursed by the Federal government.

2. If a full BI is required, it may be a lengthy process to complete, depending on the complexity of the BI.

3. To the extent practicable, the Contractor is encouraged to fill all positions with Candidates who have a current
favorably adjudicated Federal BI that meets or exceeds the level of investigation required for the position. This
may allow reciprocity of the Candidate’s prior BI which could expedite the personnel security process.

I. Pre-Employment Screening (PES). The PSD will conduct a pre-employment screening (PES) on all Candidates,
including those being considered for reciprocity. This screening is a thorough review, and expanded analysis, if
necessary, of the Candidate’s compliance with the Federal requirements and ASQs.

1. A favorable PES determination must be made to continue with the personnel security process.

2. If an unfavorable PES determination is made, the personnel security process will be terminated; the CO/COR
will be notified; and the Contractor may be requested to submit another Candidate for consideration.

J. Adjudication of the Candidate’s BI. Once the BI has been completed, the PSD will adjudicate the BI by applying the
suitability standards under 5 CFR, Part 731, Federal adjudicative guidelines and ASQs. The PSD will then make a
favorable or unfavorable adjudicative determination on whether to grant the Candidate access to ATF information, IT
systems, and/or unescorted access to ATF facilities. The PSD will advise the CO/COR, who, in turn, will advise the
Contractor of ATF’s adjudicative determination.

K. Authorized Access to ATF Information, IT Systems, and/or Unescorted Access to ATF Facilities. A Candidate shall not
be granted access to unclassified sensitive ATF information, IT systems, and/or unescorted access to ATF facilities until a
favorable adjudicative determination has been made or temporary eligibility has been approved by the PSD.

Request for Temporary Eligibility to Hold a Sensitive Position

A. Conditions for Requesting Temporary Eligibility. To satisfy urgent ATF staffing needs, the CO/COR may request
temporary eligibility of the mandatory pre-employment BI for a Candidate requiring access to ATF information, IT systems,
and/or unescorted access to ATF facilities.

B. Submitting a Request for Temporary Eligibility. After justifying the need for temporary eligibility and obtaining all of the
necessary approvals, the CO/COR will prepare an ATF F 8620.69, Request for Temporary Eligibility to Hold a Sensitive
15A00024Q00000056 Page 28 of 97

Position and submit it along with the completed ATF Forms 8620.33, Employment Reference, for each of the Candidate’s
employments during the past 2 years. The CO/COR is responsible for conducting all reference checks unless a CO/COR
receives prior approval from the PSD to designate another individual to conduct the reference checks.

C. Advantages/Disadvantages of Obtaining Temporary Eligibility. An approved temporary eligibility will allow the
Candidate to begin the ATF assignment prior to the completion of the BI. However, if derogatory information develops
during the course of the Candidate’s BI, access to ATF information, IT systems, and/or unescorted access to ATF facilities
will be rescinded. The Contractor may submit another Candidate for consideration.

Reciprocity

A. Criteria for Applying Reciprocity. In accordance with Executive Order 13488, guidance from the Office of Personnel
Management and Security Executive Agent Directive 7 issued by the Office of the Director of National Intelligence,
ATF may apply reciprocity to a prior favorably adjudicated Federal BI. In order for reciprocity to be applicable, all of the
following criteria must be met:

1. The Candidate is a current ATF employee, an applicant for an ATF position, or being considered for a non-
ATF personnel position.

2. A favorably adjudicated BI was conducted and meets or exceeds the position sensitivity level of the
investigation required for the position.

3. If the Candidate is currently enrolled in a Continuous Evaluation/Continuous Vetting program, reciprocity can
be applied regardless of when the prior reciprocal BI was completed.

4. If the Candidate is not enrolled in a CE/CV program, the prior reciprocal investigation must have been
completed within the past 5 years; or

5. If the Candidate has an active security clearance (regardless of level), the investigation must have been
completed within the past 7 years.

6. The Candidate has not had a break in Federal service of in accordance with the Personnel Vetting – Transfer
of Trust scenario.

7. The favorable adjudication was based on the criteria in 5 CFR 731, or equivalent.

8. No new issues have been identified since the favorable adjudication.

9. Issues identified in the prior BI do not have a direct nexus with the core duties of the new position, suitability
standards, adjudicative guidelines, ASQs, and ATF’s mission.

B. Personnel Security Process When Applying Reciprocity. If reciprocity is applicable:

1. The Candidate’s Personnel Security Package must still be submitted to allow the PSD to conduct a pre-
employment screening/evaluation of ATF’s ASQs; and

2. A Request for Temporary Eligibility to Hold a Sensitive Position will not be processed.

Denial or Disapproval of Access to ATF Information, IT Systems, and/or Unescorted Access to Facilities

A. Notification to CO/COR. If a Candidate is denied or disapproved for access to ATF information, IT systems, and/or
unescorted access to ATF facilities due to issues found during the BI, the PSD will notify the CO/COR.

B. Notification to Contractor. The CO/COR will notify the Contractor when a Candidate’s access is denied or disapproved;
and the CO/COR may request that the Contractor provide another Candidate for consideration.
15A00024Q00000056 Page 29 of 97

Privacy Act Requests

A. Request for a Copy of a BI File. Once the PSD makes a favorable or unfavorable adjudicative determination, a
Candidate may receive a copy of his/her BI file by submitting a written Privacy Act request. The request must be
addressed to:

Disclosure Division, Bureau of Alcohol, Tobacco, Firearms and Explosives


99 New York Avenue, NE, Suite 4E-301,
Washington, DC, 20226

B. Monetary Costs Associated with Privacy Act Request. The Candidate is responsible for assuming all monetary costs
associated with such request.

Escorted Access in ATF Facilities

A. Determination That Only Escorted Access in ATF Facilities is required. In those instances where the Contractor, CO
or COR believes that a Candidate will only require escorted access in ATF facilities and will not need unescorted access
to ATF facilities or access to any unclassified sensitive ATF information or IT systems, the PSD should be notified of
the initial assessment along with documentation with the reasons for the for the determination. The PSD, in consultation
with the CO/COR, will make the final determination on whether the personnel security process will be conducted on the
Candidate or if escorted procedures can be authorized.

Note: Escorted procedures are only permitted for intermittent access to ATF facilities, and when there will be no
access to ATF information or IT systems (i.e., Xerox mechanic, shredding company/vending machine personnel,
etc.)

B. Police Check Inquiries for Candidate’s with Escorted Access in ATF Facilities. When the PSD determines that the
Candidate will only require escorted access to ATF facilities and/or ATF construction sites, or will only be provided with
access to low-risk, non-sensitive ATF information (e.g., information that does not adversely affect the conduct of Federal
programs or the privacy to which individuals are entitled), the Candidate will undergo a criminal history check (police
check inquiry) in lieu of the personnel security process.

1. ATF’s Physical Security Programs Branch or the respective ATF field division/office is responsible for
conducting police check inquiries and making a favorable or unfavorable determination whether to grant the
Candidate escorted access to ATF facilities.

2. A police check inquiry is a separate procedure from the personnel security process and cannot be used as a
substitution for the process; or as a temporary measure to grant access before the completion of the personnel
security process.

Non-Disclosure Agreement for Access to Unclassified Sensitive Information

A. Agreement to Safeguard Unclassified Sensitive ATF Information, also referred to as Sensitive But Unclassified
information or Controlled Unclassified Information. All Candidates are required to formally acknowledge their obligation
to safeguard unclassified sensitive ATF information and their understanding of the penalties imposed for making an
unauthorized disclosure of such information.

B. Acknowledgement of Agreement. Candidates make this acknowledgement promptly after entering on duty by
completing a certification through ATF’s Justice Talent Management System (JTMS) or ATF F 8800.6, Non-Disclosure
Agreement for Access to Unclassified Sensitive Information.

Self-Reporting Requirements

A. All contractor employees must comply with DOJ Policy Statement 1700.04, Department Personnel Security Reporting
Requirements.
15A00024Q00000056 Page 30 of 97

B. All contractor employees must complete the Self-Reporting Requirements for All Contractor Personnel certification.
The PSD must retain a copy of this certification in the contractor employee’s security file.

C. Contractor employees must self-report all arrests and allegations of misconduct (on or off duty).

D. All reports must be submitted through DOJ’s Justice Security Tracking and Adjudication Reporting System iReport
module. Contractor employees without access to iReport must use a hard copy reporting form provided by the COR or by
requesting a copy from the PSD.

E. Additional reporting requirements are applicable for contractor employees who have access to National Security
Information (NSI). See addendum A1, if applicable.

Reportable Activities of Other Covered Personnel

To ensure the protection of classified information or other information specifically prohibited by law from disclosure,
covered personnel who occupy national security positions or sensitive positions, regardless of whether a clearance has
been granted, must alert the PSD to reportable activities of other covered personnel that may be of potential security or
counterintelligence concerns. Those activities include:

A. An unwillingness to comply with rules and regulations or to cooperate with security requirements.

B. Unexplained affluence or excessive indebtedness.

C. Alcohol abuse.

D. Illegal use or misuse of drugs or drug activity.

E. Apparent or suspected mental health issues where there is reason to believe the issues may impact the individual’s
ability to protect classified information or other information specifically prohibited by law from disclosure.

F. Criminal conduct.

G. Any activity that raises doubts about whether another covered person’s continued eligibility is clearly consistent with
the interests of national security.

H. Any misuse of U.S. Government property or information systems.

Periodic Reinvestigations

A. Periodic Reinvestigation Requirement. Until such time as individuals occupying Public Trust positions are enrolled
into a CE/CV program, they must undergo periodic reinvestigations in accordance with the 2012 Federal Investigative
Standards and the Department of Justice’s (DOJ) Contractor Security Requirements, DOJ 1700.01. Periodic background
reinvestigations are required at least every 5 years.

B. Notification When Periodic Reinvestigation is due. The PSD will contact Contractor personnel directly or through
the ATF CO/COR when they are due for reinvestigations. Contractor personnel must comply with all reinvestigation
requirements and requests.

C. Failure to comply with reinvestigation requirements may result in termination of access to ATF information, IT systems
and/or facilities and therefore have a negative effect on the individual’s ability to provide services to ATF.

Continuous Evaluation/Continuous Vetting

Contractor personnel may be submitted into Continuous Evaluation (CE)/Continuous Vetting (CV)programs (i.e., Federal
Bureau of Investigation’s Rap Back, Office of Director of National Intelligence, or any other federally approved program).
CE/CV allows agencies to continuously monitor contractor personnel for criminal activities, civil actions and/or other
15A00024Q00000056 Page 31 of 97

conduct that may raise concerns regarding the contractor personnel’s continued suitability for contract employment with
ATF.

Eligibility to Access Classified National Security Information (NSI)

A. Addendum to Contract to Authorize Access to Classified NSI. This Contract, in and of itself, does not authorize a
Candidate access to classified NSI. However, if clause ATF-04_A1 is included with this Contract, access to classified NSI
may be authorized at the level outlined in the addendum.

B. Contract Language to Include Access to Classified NSI. If the Contractor, CO or COR believe that access to NSI is
required after the contract is awarded, the PSD will assess the requirements and determine if access to NSI is required
and at which level (Secret, Top Secret, or Top Secret – Sensitive Compartmented Information). If the PSD determines
that access to NSI is required, the contract must include clause ATF-04_A1. If the Contract has already been awarded
and access to NSI is later required, the Contract must be modified to include the applicable language access to NSI can
be authorized.

Contract Modification(s)

ATF reserves that right to update ATF Clause ATF-04 at any time when new Federal requirements or other regulatory
guidance is issued.

If the contractor will require access to classified information, systems, or facilities, the Contracting Officer must
complete fill-in below under ATF-04_ Addendum 1 - National Security Information Access Security Requirements
for access to NSI must be included and marked with the appropriate level of access (Secret, Top Secret and/or
Sensitive Compartmented Information (SCI) or facility (SCIF).

ATF-04_ Addendum 1 - National Security Information Access Security Requirements (FEB 2024)

This language serves as an addendum to the existing personnel security language to ATF-04. The purpose of the
additional language is to implement National Industrial Security Program (NISP) requirements.

The work to be performed under this contract amendment will involve potential access to classified materials, National
Security Information (NSI), at the level of [select only one]:

(1) __ SECRET

(2) __ TOP SECRET

(3) __ TOP SECRET, SENSITIVE COMPARTMENTED INFORMATION (SCI)

The Contractor shall comply with the NISP Operating Manual (NISPOM) for all work performed under this contract that
involves access to classified materials.

Duplication or disclosure of the data and other information to which the Contractor employee may have access as a result
of this contract is prohibited by Public Law and is subject to criminal penalties.

For the purposes of this amendment, the definition of Security Program Manager (SPM) staff is the Personnel Security
Division.

Contractor Facility
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The Contractor shall possess a Defense Industrial Security Clearance Office (DISCO) Defense Industrial Security
Clearance Facility Code and a Top-Secret Facility Clearance to fully perform this contract. The Contractor must provide
proof of maintenance of the Facility Clearance requirement to the Contracting Officer (CO) on an annual basis.

Contractor Personnel

The type of security investigation required will be governed by the type of materials made available to the Contractor
employee or facilities in which they need access. Contractor employees that require access to classified materials/
facilities will be processed through the NISP.

Access to Classified Materials

Contractor employees requiring access to classified materials will be categorized at the appropriate sensitivity level.

Immediately after contract award, the Contractor’s Facility Security Officer (FSO) shall furnish to the COR a list of all
contractor employees working under this contract that are proposed to have access to NSI. The list shall include for each
individual:

A. Complete name;

B. Social security number;

C. Date of birth;

D. Type of background investigation;

E. Investigation Closed Date; and

F. Security clearance level.

The COR shall provide the list to the PSD. Additionally, the Contractor’s FSO shall provide a clearance certification on
each individual validating each individual’s clearance to the COR whom must submit to the PSD.

The Contractor shall update this information as individuals are added or deleted from the contract. The Contractor will not
be permitted to access to NSI until clearances are granted and clearance certifications are submitted to the ATF/PSD.

Contractor employees are required to take ATF’s online course entitled “Introduction to National Security Information”
on an annual basis. Failure to complete the aforementioned course within the allotted timeframe could result in the
termination of the Contractor employee.

Self-Reporting Requirements

In accordance with ATF Clause 04, all contractor employees must acknowledge and agree to comply with DOJ Policy
Statement 1700.04, Department Personnel Security Reporting Requirements.

All Contractor employees must self-report all arrests and allegations of misconduct (on or off duty). Contractor employees
must also report in accordance with their Contractor’s and Defense Security Services self-reporting policy. Additionally,
the following activities must be reported as applicable based on level of clearance.

SECRET CLEARANCE

A. Unofficial foreign travel as detailed below.


15A00024Q00000056 Page 33 of 97

B. Attempted elicitation, exploitation, blackmail, coercion, or enticement to obtain classified information or information
specifically prohibited by law from disclosure, regardless of means.

C. Media contact, other than for official purposes, where the media seeks access to classified information or other
information specifically prohibited by law from disclosure, whether or not the contact results in an unauthorized disclosure.

D. Any bankruptcy or any financial delinquencies over 120 days past due.

E. Any alcohol or drug-related addiction or treatment.

F. An application for, and receipt of, foreign citizenship.

G. An application for, or possession or use of, a foreign passport or identity card for travel.

H. Unofficial contact with a known or suspected foreign intelligence entity.

I. Continuing association with known foreign nationals that involves bonds of affection, personal obligation, intimate
contact, or any contact with a foreign national that involves the exchange of personal information.

1. This reporting requirement is based on the nature of the relationship regardless of how or where the foreign
national contact was made or how the relationship is maintained (e.g., via personal contact, telephone, postal
system, or internet).

2. Following initial reporting, updates regarding continuing unofficial association with known foreign nationals are
required only if, and when, there is a significant change in the nature of the contact.

TOP SECRET

A. Unofficial foreign travel as detailed below.

B. Attempted elicitation, exploitation, blackmail, coercion, or enticement to obtain classified information or information
specifically prohibited by law from disclosure regardless of means.

C. Media contacts, other than for official purposes, where the media seeks access to classified information or other
information specifically prohibited by law from disclosure, whether or not the contact results in an unauthorized disclosure.

D. Financial anomalies, including, but not limited to, bankruptcy; garnishment; delinquency of over 120 days on any debt;
and any unusual infusion of assets of $10,000 or greater, such as an inheritance, winnings, or similar financial gain.

E. Foreign national roommate(s): Any foreign national who co-occupies a residence for more than 30 calendar days.

F. Cohabitant(s).

G. Marriage.

H. Any alcohol or drug related addiction or treatment.

I. An application for, and receipt of, foreign citizenship.

J. An application for, or possession or use of, a foreign passport or identity card for travel.

K. Foreign Activities:

1. Direct involvement in foreign business.


15A00024Q00000056 Page 34 of 97

2. Foreign bank account(s).

3. The ownership of foreign property.

4. Voting in a foreign election.

5. The adoption of non-U.S. citizen children.

6. Unofficial contact with a known or suspected foreign intelligence entity.

7. Continuing association with known foreign nationals that involves bonds of affection, personal obligation,
intimate contact, or any contact with a foreign national that involves the exchange of personal information.

a. This reporting requirement is based on the nature of the relationship, regardless of how or where
the foreign national contact was made or how the relationship is maintained (e.g., via personal contact,
telephonic, postal system, internet).

b. Following initial reporting, updates regarding continuing unofficial association with known foreign
nationals are required only if, and when, there is a significant change in the nature of the contact.

TOP SECRET/SENSITIVE COMPARTMENTED INFORMATION

A. Unofficial Foreign Travel as detailed below.

B. Attempted elicitation, exploitation, blackmail, coercion, or enticement to obtain classified information or information
specifically prohibited by law from disclosure regardless of means.

C. Full or part-time employment, business activities, or participation as an officer or director in an organization.

D. Media contacts where the media seeks access to classified information or other information specifically prohibited by
law from disclosure, whether or not the contact results in an unauthorized disclosure.

E. Court appearances other than for official purposes.

F. Contemplated or actual public disclosure (in either written or spoken form via speeches, books, articles, dissertations,
resumes, internet postings, social networking sites, etc.) of information that may contain or reveal intelligence or
intelligence sources, methods, and activities. Covered personnel must also abide by the publication review requirements
in 28 C.F.R. Chapter 17.18., which designates the Assistant Attorney General for the National Security Division or
designee to respond substantively to prepublication review requests within 30 working days of receipt of the request.

G. Financial anomalies, including, but not limited to, bankruptcy; garnishment; delinquency of over 120 days on any debt;
and any unusual infusion of assets of $10,000 or greater such as an inheritance, winnings, or similar financial gain.

H. Foreign national roommate(s). Any foreign national who co-occupies a residence for more than 30 calendar days.

I. Cohabitant(s).

J. Marriage.

K. Any alcohol or drug related addiction or treatment.

L. Foreign Activities:

1. Direct involvement in foreign business.

2. Foreign bank accounts.

3. The ownership of foreign property.


15A00024Q00000056 Page 35 of 97

4. An application for, and receipt of, foreign citizenship.

5. An application for, or possession or use of, a foreign passport or identity card for travel.

6. Voting in a foreign election.

7. The adoption of non-U.S. citizen children.

8. Unofficial contact with a known or suspected foreign intelligence entity.

9. Unofficial visits to foreign diplomatic facilities and trade missions.

10. Continuing association with known foreign nationals that involves bonds of affection, personal obligation,
intimate contact, or any contact with a foreign national that involves the exchange of personal information.

a. This reporting requirement is based on the nature of the relationship, regardless of how or where
the foreign national contact was made or how the relationship is maintained (e.g., via personal contact,
telephonic, postal system, internet).

b. Following initial reporting, updates regarding continuing unofficial association with known foreign
nationals are required only if, and when, there is a significant change in the nature of the contact.

Reportable Activities for Foreign Travel

Covered personnel must submit an itinerary for unofficial foreign travel to the PSD and must receive approval prior to the
foreign travel.

A. A request may be disapproved a request for unofficial foreign travel when it is determined that such travel presents
an unacceptable risk, and the physical safety and security of covered personnel or classified information cannot be
reasonably ensured.

1. The decision is final and cannot be appealed.

2. Failure to comply with such disapproval may result in administrative action that includes, but is not limited to,
revocation of eligibility to access classified information or eligibility to hold a sensitive position.

3. The Department of Justice/ATF will not reimburse covered personnel for any fees related to cancellations due
to disapproval of unofficial travel.

B. When required, covered personnel will receive a defensive security and counterintelligence briefing prior to travel.

C. The following deviations from approved travel itineraries must be reported to the PSD within 5 business days of the
traveler’s return to his or her duty station:

1. Unplanned day trips to Canada or Mexico.

2. Any emergency circumstance that precludes full compliance with pre-travel reporting.

a. While emergency circumstances may preclude full compliance with pre-travel reporting
requirements, the individual, at a minimum, must verbally advise his or her supervisor/management
15A00024Q00000056 Page 36 of 97

chain and, preferably, a security representative of the emergency foreign travel with all pertinent
specifics prior to departure.

b. During unofficial foreign travel, travelers are discouraged from making unanticipated border
crossings, regardless of duration, into any foreign country not included in the traveler’s approved
itinerary.

Non-reportable Activities

The following activities are not required to be reported by the Contractor employees.

A. Foreign travel when it is part of covered personnel official duties.

B. Travel to Puerto Rico, Guam, or other U.S. possessions and territories because that is not considered foreign travel.

C. Contacts with foreign nationals as long as the contact occurs as part of covered personnel official duties.

D. Limited or casual public contact with foreign nationals, unless it falls within any other reporting requirement included in
this Appendix.

E. Media contacts related to the performance of official duties of the position held by the covered individual.

(End of Addendum)

(End of Clause)

ATF-12 NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION TECHNOLOGY (IT) SYSTEMS

NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION TECHNOLOGY (IT)


SYSTEMS. (Revised May 31,2007)

The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for
any position that involves access to or development of any DOJ Information Technology (IT) system.By signing the contract or
commitment document, the contractor agrees to this restriction.

In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens,
those requirements shall be clearly described.

Financial Responsibility: Contractor employees who have delinquent unpaid debt may be required to provide proof of payment
and/or proof of participation in a payment plan. If this documentation cannot be provided, the Contractor employee's background
investigation may be terminated and/or access to A TF facilities, proprietary information and data, including automated information
systems, without being offered an opportunity to mitigate the information.

A contractor employee who is in direct violation of a policy established, by DOJ or ATF may be denied access to ATF facilities,
proprietary information and data. including automated information systems, without being offered an opportunity to mitigate the
information.

(End of Clause)

ATF-13 INCORPORATION OF VENDOR TERMS AND CONDITIONS

INCORPORATION OF VENDOR TERMS AND CONDITIONS (Revised July 19, 2007)


Incorporation of Commercial Terms and Conditions
15A00024Q00000056 Page 37 of 97

(a)The following terms and conditions, included in the vendor's standard commercial terms and conditions, do not apply to this
order:___________________________________________________________________________
(b)Any inconsistency or conflict between any of the vendor's remaining standard commercial terms and conditions and the
government's terms and conditions incorporated in this order shall be resolved by giving precedence to the government's terms and
conditions.
(End of Clause)

ATF-14 ELECTRONIC INVOICING (Revised October 27, 2008)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically.
Invoicing electronically saves time, money, and physical storage space for both the Government and the contractor.

Each invoice must be a proper invoice in accordance with Federal Acquisition Regulations (FAR) 32.905(b). The contractor
may submit a combined invoice with each ATF contract/order number. The invoice must clearly identify the specific Contract Line
Item (CLIN) or item number for which the contractor is seeking payment under the contract/order. If the invoice covers multiple
CLINs or item numbers, the invoice must clearly identify specific amounts and activity applicable to each.

Electronic invoices must be submitted to the ATF Contracting Officer's Representative (COR)/POC named in Section G/Section
3.3 of this contract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as
the official, original copy. The e-mail subject line must contain the name of the ATF COR/POC named in Section G/Section 3.3 of
the obligation document, the Order/Award number, the Invoice number and Vendor name (i.e.: John Doe_DJAxxxxxxxxx_Invoice
#xxx_ABC, Inc.). ATF will return to the vendor any invoices that do not contain the correct subject line information.

Contractors who are unable to submit electronic invoices may mail their invoices to the COR/POC named in Section G/Section 3.3
of this contract and FMD address provided below:

Bureau of Alcohol, Tobacco, Firearms & Explosives


Attn: Finance Branch EXPEDITE CONTRACT INVOICE
99 New York Avenue, NE
Mail Drop 4S-288
Washington, DC 20226

(End of Clause)

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

NOTICE TO THE GOVERNMENT OF DELAYS (Revised July 19, 2007)

In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying
with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential
situation is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the
Contracting Officer and the Contracting Officer's Representative COR(s), in writing, giving pertinent details; provided, however, that
this date shall be information only in character and that this provision shall not be construed as a waiver by the Government of any
delivery schedule or date, or any rights or remedies provided by law or under this contract.

(End of Clause)

ATF-18 REQUIREMENTS FOR ACCESS TO LAW-ENFORCEMENT, SENSITIVE INFORMATION

REQUIREMENTS FOR ACCESS TO LAW-ENFORCEMENT SENSITIVE INFORMATION (Revised July 19, 2007)

(a) Duplication or disclosure of the data and other information to which the Contractor will have access as a result of this
contract is prohibited. It is understood that throughout performance of this contract, the Contractor will have access to
confidential and sensitive data, which is either the sole property of the Government or is the sole property of other than
the contracting parties. The Contractor and its subcontractor(s) (if any) agree to maintain the confidentiality of all data
15A00024Q00000056 Page 38 of 97

to which access may be gained throughout the contract performance, whether title thereto vests in the Government or
otherwise. The Contractor and its subcontractor(s) (if any) agree to not disclose said data, any interpretations and/or
translations thereof, or data derivatives, to unauthorized parties in contravention of these provisions, without the prior
written approval of the Contracting Officer or the party in which title thereto is wholly vested. Subcontractors are subject to
the same stipulations and may be held responsible for any violations of confidentiality.

(b) The Contractor agrees that each Contractor employee, prior to and as a pre-condition for employment relating to the
subject matter of this order, will be required to execute a Nondisclosure Agreement as provided. The Contractor shall
provide the Contracting Officer with the original copy of this form signed by each employee prior to the employee's start
date on the contract.

(End of Clause)

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

AUTHORITY TO OBLIGATE THE GOVERNMENT (Revised July 19, 2007)

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds.
No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from
the Contracting Officer.

(End of Clause)

ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

GOVERNMENT FURNISHED PROPERTY AND SERVICES (Revised July 19, 2007)

a)The Government may furnish the Contractor property, services or information when doing so would be in the best
interest of the Government.Government furnished property services/information will be specified on each order and/or
contract.

b)Request for Government property will be approved by the Contracting Officer or the Contracting Officer s Technical
Representative.

c)Computer hardware and software used to develop, design, validate or maintain supported systems and functional
requirements will normally be provided to the contractor by the Government for use at the Government site.

d)The Government may provide the contractor with information, documents, etc. which may be required for the contractor
to successfully perform the work as outlined in the contract when it is determined that such is necessary.

(End of Clause)

ATF-21 ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT

ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT (Revised July 19, 2007)

Title to all source data and materials furnished by the Government, together with all plans, designs, reports, materials, programs and
documentation thereof and all other items pertaining to the work and services to be performed under orders pursuant to this contract
shall become and remain with the Government upon completion.The Government shall have the full right to use each of these for
its purposes without compensation or approval on the part of the Contractor.The Government shall have access to and the right to
make copies of the above mentioned items.All proprietary information, programs, etc. shall be indicated as such in the Contractor s
proposal.The identification of information, programs, etc. as proprietary or confidential is for information purposes only and shall not
be binding on the Government to prevent disclosure of such information.The offeror is advised that such information may be subject
to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552).
15A00024Q00000056 Page 39 of 97

(End of Clause)

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media
furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such
information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as
are necessary to restrict access to such information while in the Contractor s possession, to those employees needing such information
to perform the work provided herein, e.g., on a need-to-know basis. There shall be no dissemination or publication, except within
and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be
furnished pursuant to this contract without prior written approval from the Contracting Officer (CO). No news release (including
photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this contract or
any phase of any program hereunder shall be made without the prior written approval of the CO. The Contractor is prohibited from
releasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services
performed under this contract until report approval or official review has been obtained. Furthermore, the contractor shall ensure that
the cover of all interim, draft and final reports contains the following statement: "The view, opinions, and/or findings contained in
this report are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so
designated by other documentation."

The Contractor agrees to immediately notify in writing the CO named herein, if it determines or has reason to suspect a breach of this
requirement. The Contractor also agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(a) Confidential information, as used in this clause, means (1) information or data of a personal nature proprietary about an individual,
or (2) information or data submitted by or pertaining CONFIDENTIALITY to an institution or organization, or (3) information or data
pertaining to a law enforcement investigation or operation.

(b) In addition to the types of confidential information described in (a) (1), (2) and (3) above, information which might require special
consideration concerning the timing of its disclosure such as draft budget and strategic plans, studies or research, audits, etc.

(c) The CO and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of
information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential.
Similarly, the CO and the Contractor may, by mutual consent, identify such confidential information from time to time during the
performance of the contract. Failure to agree will be settled pursuant to the Disputes clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the
rules and procedures of the disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies,
with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the
individual, institution, or organization. Confidential information, as defined in (a)(3) shall not be disclosed without the prior written
consent of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

(f) Whenever the Contractor is uncertain regarding the proper handling of material under the contract, or if the material in question is
subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written
determination from the CO prior to any release, disclosure, dissemination, or publication.

(g) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping
provisions in other Federal, State, or local laws.

(End of Clause)

ATF-23 PRIVACY OR SECURITY SAFEGUARDS

PRIVACY OR SECURITY SAFEGUARDS (August 1, 2007)


15A00024Q00000056 Page 40 of 97

(a) The details of any and all safeguards that the Contractor may design or develop under this contract shall become and shall remain
the property of the Government and shall not be published or disclosed in any manner without the expressed written consent of the
Government.

(b) The details of any and all safeguards that may be revealed to the Contractor by the Government in the course of performing under
this contract shall not be published or disclosed in any manner without the expressed written consent of the Government.

(c) The Government shall be afforded full, free, and uninhibited access to all facilities, installations, technical capabilities, operations,
documentation, records, and databases for the purpose of carrying out a program of inspection to ensure continued efficiency and
efficacy of safeguards against threats and hazards to data security, integrity, and confidentiality.

(d) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards
have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. Mutual agreement
shall then be reached on changes or corrections to existing safeguards or institution of new safeguards, with final determination or
appropriateness being made by the Government. The Government's liability is limited to an equitable adjustment of cost for such
changes or corrections, and the Government shall not be liable for claims of loss of business, damage to reputation, or damages of any
other kind arising from discovery of new or unanticipated threats or hazards, or any public or private disclosure thereof.

(End of Clause)

ATF-24 COMPUTER SECURITY

COMPUTER SECURITY (Revised August 17, 2010)

(a) The Contractor is responsible for briefing their staff on accountability, system security requirements and sound security
practices.All contractors will be briefed by the Contracting Officer's Representative (COR) on and must comply with US Department
of Justice and ATF s Information Systems Security Directives.Each contractor assigned under this contract are required to sign the
Certification Statements, indicating the individual has read and will comply with the order or directives.

(b) The Contractor will ensure that all departing contractor employees turn in their identification cards, keys, programs, data files,
etc. within their possession. The Contractor will certify to the Contracting officer that the hard disk drives of any workstations and/or
laptops used by their departing employees have been purged of all Government information, unless such equipment is reassigned to
another employee on this contract. Additionally, the COR will notify the Information Services Division Operations Systems Branch
when a contractor is departing so that his/her access can be removed from all information systems accesses that they were assigned as
a user.

(c) At the termination of this contract, the Contractor shall certify in writing that all Government information has been cleared and
purged from all contractor-owned equipment and electronic storage media.Government information on electronic media includes any
data remanence from temporary file storage during processing.

(d) If system development, maintenance, or enhancements are performed as part of this contact, the Contractor will comply with
ATF Information Systems Security Office policy and procedures to ensure the work being performed meets the minimum-security
requirements.Contact the Information Systems Security Office at 202-648-9510, for the current policy and procedures.

COMPUTER SECURITY TRAINING

All contractor employees must complete operations security training, presented by ATF, after contract award.The time and location
of this training will be scheduled by ATF.Computer Security Awareness Training, presented by ATF, shall be completed on a yearly
basis.

ATF reserves the right to limit or deny access of contractor employees to ATF information, services or systems in the event of a
breach of this clause, or of any ATF, Department of Justice or other applicable law, regulation or policy.

(End of Clause)
15A00024Q00000056 Page 41 of 97

ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised June 2021)

The following Federal Holidays are observed by ATF: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Presidents'
Day, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans
Day, Thanksgiving Day, and Christmas Day. There are certain types of irregularly occurring circumstances that prompt
the Government to close its offices where Contractor personnel are working, either on a national or local basis (i.e.
bomb threats, inclement weather, power outages, death of national figures, holidays declared by Presidential order, or
funding lapses). Contractor staff shall not work if the Government is closed unless the Contracting Officer (CO) has
given prior approval. Non-work due to the Government closing its facility(ies) is not an expense directly reimbursable
to the Contractor. However, in those rare instances when the Government operations are curtailed for the balance of a
workday that has already commenced, the Contractor may bill for the balance of the scheduled workday with the written
acknowledgment of the Contracting Officer's Representative and final approval of the Administrative CO, if applicable.

(End of Clause)

ATF-27 INFORMATION RESELLERS OR DATA BROKERS (Revised July 24, 2008)

Under this contract, the Department obtains personally identifiable information (PII) about individuals from the contractor.
The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any
individual whose PII (as defined by the Office of Management and Budget) 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 within the Department or reflects
sensitive law enforcement or national security interest in the data, the contractor shall notify the ATF contracting officer so
ATF may determine whether notification would impede a law-enforcement investigation or jeopardize national security. In
such cases, the contractor shall not notify the individuals until it receives further instruction and approval from ATF's Office
of Science and Technology, Information Systems Security Office. 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.

(End of Clause)

ATF-31 KEY PERSONNEL (April 16, 2010 - Revised on March 31, 2022)

a) The positions specified below are considered to be essential to the work being performed hereunder.

Contract Victim Specialist for the EasternRegion and a Contract Victim Specialist for the Western Region.

b) Prior to diverting any of the specified individuals assigned to key personnel positions to other programs, the Contractor shall notify
the Contracting Officer (CO) within 30 days and shall submit justification (including a proposed substitution) in sufficient detail to
permit evaluation of the impact on the program.

c) No diversions shall be made by the Contractor without the written consent of the CO. The removal and/or replacement of personnel
shall not be effective until the CO determines, in writing, the potential effect such could have on the performance of the requirement.

d) The Government will provide an evaluation of key personnel as part of the past performance evaluation during interim and/or final
evaluations of contract performance. The government reserves the right to request key personnel be removed and/or replaced due to
nonperformance and/or other concerns.

e) This contract/order/agreement may be modified from time to time during the course of the entire performance period to either add
or delete personnel as appropriate.

(End of Clause)

ATF-41 DEPARTMENT POLICY ON DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING (July 2019)
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It is the Department's policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and
stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at:

https://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-sexualassault-
stalking.pdf

Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all
of Vendor's employees and employees of subcontractors who will be assigned to work on Department premises.

Upon contract award, the Department will notify contractor of the name and contract information for the Point of Contact for Victims
of domestic violence, sexual assault, and stalking for the component or components where Contractor will be performing. The name
and contact information for the ATF Contractor Victim Point of Contact (CV POC) is Bureau Procurement Chief, (202) 648-7693.
Contractor agrees to inform its employees and employees of subcontractors who will be as- signed to work on Department premises of
the name and contact information for the Victim Point of Contact.

(End of Clause)

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower
Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services
Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and
services delivered under this contract
(https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this
contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR
3.908 & 52.203-17, and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the
contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

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

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

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

(3) Prior Approval Required to Hire Subcontractors


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

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before
any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the
separation checklist on or before the last day of employment or work on the contract. The separation checklist
must verify: (1) return of any Government-furnished equipment; (2) return or proper disposition of personally
identifiable information (PII)[2], in paper or electronic form, in the custody of the employee or Subcontractor
employee including the sanitization of data on any computer systems or media as appropriate; and (3) termination
of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s
access to PII or other sensitive information.

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

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

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors
who have access to PII as well as the creation, use, dissemination and/or destruction of PII at the outset of the
employee’s work on the contract and every year thereafter. Training must include procedures on how to properly
handle PII, including heightened security requirements for the transporting or transmission of sensitive PII, and
reporting requirements for a suspected breach or loss of PII. These courses, along with more information about
DOJ security and training requirements for Contractors, are available at https://www.justice.gov/jmd/learndoj.
The Federal Information Security Modernization Act of 2014 (FISMA) requires all individuals accessing DOJ
information to complete training on records management, cybersecurity awareness, and information system
privacy awareness. Contractor employees are required to sign the “Privacy Rules of Behavior,” acknowledging and
agreeing to abide by privacy law, policy, and certain privacy safeguards, prior to accessing DOJ information. These
Rules of Behavior are made available to all new users of DOJ’s computer network and to trainees at the conclusion
of DOJ-OPCL-CS-0005.

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

(2) Safeguarding PII Requirements

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

(3) Non-Disclosure Agreement Requirement


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

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

(b) requires the Contractor to report any loss of control, compromise, unauthorized disclosure, or unauthorized
acquisition of PII or other sensitive information to the component-level or headquarters Security Operations
Center within one (1) hour of discovery.

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

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

The Contractor’s invoicing, billing, and other financial or administrative records or databases is not authorized to
regularly store or include any sensitive PII or other confidential government information that is created, obtained, or
provided during the performance of the contract without the written permission of the Senior Component Official for
Privacy (SCOP). It is acceptable to list the names, titles and contact information for the Contracting Officer, COR,
or other personnel associated with the administration of the contract in the invoices as needed.

(5) Reporting Actual or Suspected Data Breach

Contractors must report any actual or suspected breach of PII within one hour of discovery.[4] A “breach” is
an incident or occurrence that involves the loss of control, compromise, unauthorized disclosure, unauthorized
acquisition, or any similar occurrence where: (1) a person other than an authorized user accesses or potentially
accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose.
The report of a breach must be made to DOJ. The Contractor must cooperate with DOJ’s inquiry into the incident
and efforts to minimize risks to DOJ or individuals, including remediating any harm to potential victims.

(a) The Contractor must develop and maintain an internal process by which its employees and Subcontractors
are trained to identify and report the breach, consistent with DOJ Instruction 0900.00.01[5], Reporting and
Response Procedures for a Breach of Personally Identifiable Information.

(b) The Contractor must report any such breach by its employees or Subcontractors to the DOJ Security
Operations Center (dojcert@usdoj.gov, 202-357-7000); Component-level Security Operations Center and
Component-level Management Team, where appropriate; the COR; and the Contracting Officer within one (1)
hour of the initial discovery.

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

(i) Narrative or detailed description of the events surrounding the suspected loss or compromise of
information.[6] Date, time, and location of the incident.
(ii) Amount, type, and sensitivity of information that may have been lost or compromised, accessed without
authorization, etc.
(iii) Contractor’s assessment of the likelihood that the information was compromised or lost and the reasons
behind the assessment.[7]
(iv) Names and classification of person(s) involved, including victim, Contractor employee/Subcontractor and
any witnesses.
(v) Cause of the incident and whether the company’s security plan was followed and, if not, which specific
provisions were not followed.[8]
(vi) Actions that have been or will be taken to minimize damage and/or mitigate further compromise.
(vii) Recommendations to prevent similar situations in the future, including whether the security plan needs
to be modified in any way and whether additional training may be required.
15A00024Q00000056 Page 45 of 97

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

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

(6) Victim Remediation

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

C. Government Records Training, Ownership, and Management

(1) Records Management Training and Compliance

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

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

(2) Records Creation, Ownership, and Disposition

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

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

(c) The Contractor shall not retain, use, sell, disseminate, or dispose of any government data/records
or deliverables without the express written permission of the Contracting Officer or Contracting Officer’s
Representative. The Agency and its contractors are responsible for preventing the alienation or unauthorized
15A00024Q00000056 Page 46 of 97

destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation
of Federal records is subject to the fines and penalties imposed by 18 U.S.C. § 2701. Records may not be
removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records
schedules.

D. Data Privacy and Oversight

(1) Restrictions on Testing or Training Using Real Data Containing PII

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

(2) Requirements for Contractor IT Systems Hosting Government Data

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

(3) Requirement to Support Privacy Compliance

(a) If this contract requires the development, maintenance or administration of information technology[9], the
Contractor shall support the completion of the Initial Privacy Assessment (IPA) document, if requested by
Department personnel. An IPA is the first step in a process to identify potential privacy issues and mitigate privacy
risks. The IPA asks basic questions to help components assess whether additional privacy protections may be
needed in designing or implementing a project[10] to mitigate privacy risks, and whether compliance work may be
needed. Upon review of the IPA, the OPCL determines whether a Privacy Impact Assessment (PIA) document
and/or SORN, or modifications thereto, are required. The Contractor shall provide adequate support to complete
the applicable risk assessment and PIA document in a timely manner, and shall ensure that project management
plans and schedules include the IPA, PIA, and SORN (to the extent required) as milestones. Additional information
on the privacy compliance process at DOJ, including IPAs, PIAs, and SORNs, is located on the DOJ OPCL
website (https://dojnet.doj.gov/privacy/), including DOJ Order 0601, Privacy and Civil Liberties. The Privacy Impact
Assessment Guidance and Template outline the requirements and format for the PIA.

(b) If the contract involves an IT system build or substantial development or changes to an IT system that may
require privacy risk assessment and documentation, the Contractor shall provide adequate support to DOJ to
ensure DOJ can complete any required assessment, and IPA, PIA, SORN, or other supporting documentation to
support privacy compliance. The Contractor shall work with personnel from the program office, OPCL, the Office
of the Chief Information Officer (OCIO), and the Office of Records Management and Policy to ensure that the
privacy assessments and documentation are kept on schedule, that the answers to questions in the documents are
thorough and complete, and that questions asked by the OPCL and other offices are answered in a timely fashion.
The Contractor must ensure the completion of required PIAs and documentation of privacy controls consistent with
federal law and standards, e.g. NIST 800-53, Rev. 5; and compliance with the Privacy Act of 1974, E-Government
Act of 2002, Federal Information Security Modernization Act of 2014, and key OMB guidelines, e.g., OMB Circular
A-130.

[1] “[T]he term ‘record’ means any item, collection, or grouping of information about an individual that is maintained by an
agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment
history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the
individual, such as a finger or voice print or a photograph.” 5 U.S.C. § 552a(a)(4). “[T]he term ‘system of records’ means
a group of any records under the control of any agency from which information is retrieved by the name of the individual or
by some identifying number, symbol, or other identifying particular assigned to the individual.” 5 U.S.C. § 552a(a)(5).
[2] As stated in FAR 52.224-3 and Office of Management and Budget (OMB) Circular A-130, Managing Federal
Information as a Strategic Resource (2016), “’personally identifiable information’ means information that can be used to
distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable
to a specific individual.” Regarding “sensitive PII,” “[t]he sensitivity level of the PII will depend on the context, including
the purpose for which the PII is created, collected, used, processed, stored, maintained, disseminated, disclosed, or
disposed. For example, the sensitivity level of a list of individuals’ names may depend on the source of the information,
the other information associated with the list, the intended use of the information, the ways in which the information will be
processed and shared, and the ability to access the information.” OMB Circular A-130, at App. II-2.
[3] The DOJ OPCL Resources page is available at https://www.justice.gov/opcl/resources.
15A00024Q00000056 Page 47 of 97

[4] As stated in DOJ Instruction 0900, “Contractors must notify the Contracting Officer, the Contracting Officer’s
Representative, and JSOC (or component-level SOC) within 1 hour of discovering any incidents, including breaches,
consistent with this Instruction, guidance issued by the CPCLO, NIST standards and guidelines, and the US-CERT
notification guidelines.”
[5] https://www.justice.gov/file/4336/download
[6] As stated in DOJ Instruction 0900, the description should include the type of information that constitutes PII; purpose
for which PII is collected, maintained, and used; extent to which PII identifies a peculiarly vulnerable population; the
determination of whether the information was properly encrypted or rendered partially or completely inaccessible by other
means; format of PII (e.g., whether PII was structured or unstructured); length of time PII was exposed; any evidence
confirming that PII is being misused or that it was never accessed.
[7] As stated in DOJ Instruction 0900, the report should include the nature of the cyber threat (e.g., Advanced Persistent
Threat, Zero Day Threat, data exfiltration) for cyber incidents.
[8] As stated in DOJ Instruction 0900, the report should include analysis on whether the data is accessible, usable, and
intentionally targeted.
[9] As defined in 40 U.S.C. § 11101, the term “information technology” means any equipment or interconnected system
or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management,
movement, control, display, switching, interchange, transmission, or reception of data or information by the executive
agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with
the executive agency that requires the use (i) of that equipment or (ii) of that equipment to a significant extent in the
performance of a service or the furnishing of a product; includes computers, ancillary equipment (including imaging
peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to
be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including
support services), and related resources; but does not include any equipment acquired by a federal contractor incidental
to a federal contract.
[10] In this instance, the term “project” is used to scope the activities (e.g., creating, collecting, using, processing, storing,
maintaining, disseminating, disclosing, or disposing of information) covered by an IPA. A project is intended to be
technology-neutral, and may include an information system, a digital service, an information technology, a combination
thereof, or some other activity that may create potential privacy issues or privacy risks that would benefit from an IPA. The
scope of a project covered by an IPA is discretionary, but components should work with their SCOP and OPCL.

(End of Clause)

DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023)

I. Applicability to Contractors and Subcontractors


Section 2839.102 of the Justice Acquisition Regulation (JAR), (48 C.F.R. § 2839.102), applies to this contract. Accordingly,
all contractors are obligated to comply with all applicable DOJ security policies, directives, or guidance documents, including
the security requirements in the provisions in this contract clause. This contract clause applies to all contractors and
subcontractors, including cloud service providers (“CSPs”), and personnel of the contractors and subcontractors (hereinafter
collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or
dispose of DOJ Information. The security requirements set forth herein are in addition to those required by the Federal
Acquisition Regulation (“FAR”), and any other applicable laws, mandates, contract clauses, DOJ policies, directives or
guidance documents and Executive Orders pertaining to the development and operation of Information Systems and/or the
protection of Government Information. This clause does not alter or diminish any existing rights, obligations, 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. Authorization to Operate (“ATO”), as defined in National Institute of Standards and Technology (“NIST”)
Special Publication (“SP”) 800-37 Revision 2, is the official management decision given by a senior Federal
official or officials to authorize operation of an information system and to explicitly accept the risk to agency
operations (including mission, functions, image, or reputation), agency assets, individuals, other organizations,
and the Nation based on the implementation of an agreed-upon set of security and privacy controls.

B. Cloud Computing, as defined in DOJ Order 0904 Cybersecurity Program, is a model for enabling ubiquitous,
convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks,
servers, storage, applications, and services) that can be rapidly provisioned and released with minimal
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management effort or service provider interaction. This cloud model is composed of five essential characteristics,
three service models, and four deployment models in accordance with NIST SP 800-145.

C. Covered Contract is any contract, order or other agreement under which the contractor, or a subcontractor
at any tier, including a cloud service provider, may access, collect, store, process, maintain, use, share, retrieve,
disseminate, transmit, or dispose of DOJ Information (as defined below) in the course of providing a product or
service to the Department, with the exception of acquisitions under the micro-purchase threshold.

D. Covered Information System means any information system used for, involved with, or allowing, the
processing, storing, or transmitting of DOJ Information under a Covered Contract.

E. Data means recorded information, regardless of form or the media on which it may be recorded. The term
includes technical data, computer software, and personally identifiable information (PII) (defined below). The
term does not include information incidental to contract administration, such as financial, administrative, cost or
pricing, or management information.

F. DOJ Information, as defined in DOJ Order 0904, 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 the Contractor for the DOJ in connection with the performance of the
contract, and/or (3) acquired to perform the contract.

G. Information, as defined in DOJ Order 0904, is 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. This includes any communication or representation of knowledge in an electronic format that allows
it to be stored, retrieved, or transmitted.

H. 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(8)).

I. Personally Identifiable Information (“PII”), as defined in the FAR 24.101, means information that can be
used to distinguish or trace an individual's identity, either alone or when combined with other information that
is linked or linkable to a specific individual. It includes but is not limited to common data elements such as
names, addresses, dates of birth, and places of employment, to identity documents, Social Security numbers
or other government-issued identifiers, precise location information, medical history, and biometric records.
This definition covers all PII that is created by or becomes available to the contractor, including its employees,
subcontractors, or affiliates, as a result of performing under this contract. PII, as supplementally defined in DOJ
Order 0904, also includes 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.

J. Private Cloud, as defined in NIST SP 800-145, is the deployment model for cloud infrastructure provisioned
for exclusive use by a single organization comprising multiple consumers (e.g., business units). It may be
owned, managed, and operated by the organization, a third party, or some combination of them, and it may exist
on or off premises.

K. Security Breach means any security incident (as defined below) that directly relates to the loss of control,
compromise, exfiltration, manipulation, unauthorized disclosure, unauthorized acquisition, unauthorized
exposure or unauthorized access or any similar occurrence of any Covered Information System or any DOJ
Information or any PII accessed by, retrievable from, processed by, stored on, or transmitted within, to or
from any such system. This includes incidents where (1) a person other than an authorized user accesses or
potentially accesses PII or DOJ Information or (2) an authorized user accesses or potentially accesses PII or
DOJ Information for an unauthorized purpose.

a. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed
security breach (as defined above).
b. Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed security breach
(as defined above).
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L. Security Incident means any occurrence that (1) may actually or imminently jeopardize, without lawful
authority, the availability, integrity, authentication, confidentiality, or nonrepudiation of DOJ Information or a
Covered Information System; or (2) may constitute a violation or imminent threat of violation of law, security
policies, security procedures, or acceptable use policies.

a. Potential Security Incident means any suspected, but unconfirmed security incident (as defined
above).
b. Confirmed Security Incident means any confirmed security incident (as defined above).

M. Vulnerability, as defined in DOJ Vulnerability Management Plan, and the OCIO Information Security
Management Procedure, means a weakness or flaw discovered in the design of a system that, when exploited,
may result in a loss of confidentially, integrity, or availability of DOJ Information or an Information System.

III. Confidentiality and Non-Disclosure of DOJ Information


A. Preliminary and final contract deliverables and all associated working papers and material generated by
the Contractor developed using DOJ Information, product, source code, and/or methods of operations, 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 (Rights
in Data-General). The Contractor will define a method of monitoring the development activity to include any
activity associated with DOJ Information, product, source code, and methods of operations. The data rights and
development details shall be defined within the Contract.

If the Contractor intends to utilize its existing data, for which it has a patent or copyright, to develop a contract
deliverable, it is incumbent upon the Contractor to negotiate with the CO the proper FAR Part 27 clauses in the
contract to protect its existing data.

B. Pursuant to FAR 52.227-14(d)(2), all documents and data produced in the performance of this contract
containing DOJ Information, product code, source code, and/or methods of operations are the property of the
U.S. Government and, without the prior written permission of the CO, the Contractor shall neither reproduce nor
release such information to any third-party at any time, including during performance or following expiration and/
or termination of the contract.

C. Any DOJ Information made available to the 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, the Contractor assumes
responsibility for the protection of the confidentiality of all DOJ Information processed, stored, or transmitted
by the Contractor. The Contractor shall comply with information security responsibilities and duties throughout
the contract and after expiration/termination as appropriate per contract close-out activities. When requested
by the CO (typically no more than annually), the Contractor shall provide a report to the CO identifying, to the
best of the 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 individuals for
whom 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 Covered Information Systems, in addition to any other applicable requirements, as set forth in Part I,
the Contractor shall comply with the security requirements of the Federal Information Security Modernization
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, Federal Risk
and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards as amended, and OMB
Memoranda relating to the security of information and/or Federal Information Systems.

B. In addition, for all Covered Information Systems, the Contractor shall comply with the following requirements,
which are listed here only to highlight certain specific applicable requirements from one of the sources identified
in the first paragraph of this Section. This is not an exhaustive list of all such requirements with which the
15A00024Q00000056 Page 50 of 97

Contractor is obligated to comply, and the omission of a requirement from this list should not be construed
as negating the materiality of that requirement. These requirements and those in the authorities in the prior
paragraph should be read together.

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 at least annually to all Contractor employees and contractors
involved with the Covered Contract. Such training shall include, but not be 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, in accordance with applicable requirements but in any event
at least until the expiration of the contract, Covered Information System audit records, reports, and
supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction,
and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information
Systems and/or DOJ Information.

4. Maintaining authorizations to operate any Covered Information System.

5. Performing continuous monitoring on all Covered Information Systems, to include but not be limited
to, collecting, reviewing, and analyzing appropriate logs and timely investigating security alerts and
potential security incidents.

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

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

8. Identifying Covered Information System users, processes acting on behalf of users, or devices,
and authenticating and verifying the identities of such users, processes, or devices, using multifactor
authentication or HSPD-12 compliant authentication methods as defined by NIST 800-63-3, Digital
Identity Guidelines or current revision.

9. Establishing and maintaining an operational incident handling capability for Covered Information
Systems that includes adequate and timely development, logging, detection, analysis, containment,
recovery, and user response activities, and tracking, documenting, and timely reporting incidents to
appropriate officials and authorities within the 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 System media containing DOJ Information, including paper, digital
and electronic media, and DOJ assets under Contractor control; protecting them from environmental
impacts, access, and equipment positioning requirements defined; limiting access to DOJ Information
to authorized users; and sanitizing or destroying Covered Information System 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 personnel according to DOJ 03.

13. Screening individuals prior to authorizing access to Covered Information Systems to ensure
compliance with DOJ Security standards including personnel background checks.

14. Continuously assessing the risk to DOJ Information in Covered Information Systems, including
scanning and remediating vulnerabilities, or implementing appropriate mitigation in accordance with
DOJ policy, and ensuring the timely removal of assets no longer supported by the Contractor.
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15. Continuously monitoring the application of security controls of Covered Information Systems,
assessing the efficacy of such controls, and developing and implementing plans of action designed to
correct deficiencies and eliminate or reduce vulnerabilities in such Covered Information Systems.

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

17. Identifying, reporting, and correcting Covered Information System security flaws in a timely manner,
providing protection from malicious code at appropriate locations, monitoring security alerts and
advisories and taking appropriate and timely action in response.

18. Ensuring return of Government Furnished Equipment (“GFE”) and/or PIV card assets within 10
business days of notification for end of use (contract end, staff change, etc.).

19. Complying with rights in data (FAR 52.227-14) as to the development, management, and protection
of DOJ Information.

20. Reporting on risks or known issues impacting DOJ Services (staffing, hardware, process, changes,
etc.) through the Contractor’s CO or COR, DOJ Service Owner (“SO”), and Government Technical
Manager (“GTM”) including risk mitigation activities.

21. Reporting through the Contractor’s CO or COR on any projected or planned changes in corporate
ownership, covered information system design, and/or any technical changes that could impact the
confidentiality, integrity or availability of DOJ Information, data, or systems. Changes to system
design must be updated through the authorization process per NIST SP 800-37 Revision 2, Step 6
(‘Continuous Monitoring”) or current NIST revision.

22. When, as part of operating within the DOJ environment, the Contractor’s covered information
system is subject to review, audit, or assessment by third parties, facilitating DOJ access to information
system resources, facilities, personnel, and documentation in a timely manner as required by the
auditors. Should a third-party organization conduct a review of any Covered Information System, the
Contractor must provide a copy of the report to DOJ, through the CO and COR.

23. Completing an attestation that meets OMB Memorandum M-22-18 for software procurements
following the template attestation form developed by NIST. The attestation form must be returned to the
CO and COR for sharing with the component Chief Information Officer (CIO).

24. Reporting on outages impacting DOJ Services through the Contractor’s CO, COR, and DOJ Service
Owner (SO) to include event and mitigation details.

C. The Contractor shall not process, store, or transmit DOJ Information using a Covered Information System
without first obtaining an ATO for each Covered 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. (For Cloud Computing Systems, see Section V, below.)

D. The Contractor shall ensure compliance with DOJ-03 (Personnel Security Requirements for Contractor
Employees) as to all Covered Information Systems.

E. When requested by the DOJ CO or COR as described below, the 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 the Contractor’s facilities, installations, systems, operations, documents, records, and
databases. Such access may include independent validation testing of controls, system 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, the Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and
safeguard the security, confidentiality, integrity, and availability of DOJ Information.
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F. The use of Contractor-owned laptops or other portable digital or electronic media to process or store
DOJ Information covered by this clause or access a Covered Information System is prohibited unless the
CO approves it in writing after the Contractor has provided a letter certifying compliance with the following
requirements. For any requirements which include the use or storage of PII, the Senior Component Official for
Privacy must also approve. Any additional requirements set forth for the use or storage of PII under DOJ-02,
Contractor Privacy Requirements, are in addition to, not superseded by, the requirements set forth here.

1. Media must be encrypted using a NIST 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. Where applicable, media must utilize antivirus software and a host-based firewall mechanism.

4. The 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 should be treated by the Contractor as sensitive information unless
specifically designated as non-sensitive by the DOJ.

5. A Rules of Behavior (ROB) form must be signed and acknowledged annually 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 users that they have no reasonable
expectation of privacy regarding any communications transmitted through or data stored on Contractor-
owned laptops or other portable digital or electronic media.

6. Cybersecurity Awareness Training (CSAT) shall be provided annually by Contractor for all users
of Covered Information System. This training must be submitted to, and approved by, the CO or COR in
advance of being provided to users. Users must complete and acknowledge having received CSAT each
year. At a minimum, CSAT provided by contractors must include:
a. Insider Threat Detection and Reporting – Importance of detecting, methodologies, indicators, and
reporting
b. Privacy Awareness – Privacy Act and PII
c. General Cybersecurity – Information security, trends in advance persistent threats, social
engineering/phishing, appropriate use, mobile devices, remote access, basic security best practices

G. Contractors shall not store DOJ information on Contractor-owned removable IT (e.g., media such as a thumb
drive or external hard drive) unless expressly authorized in writing by the DOJ CO or COR in the performance of
their contract.

H. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance
with NIST SP 900-88, Guidelines for Media Sanitization.

I. The Contractor must keep an accurate inventory of digital or electronic media used in the performance of DOJ
contracts.

J. The Contractor must remove all DOJ Information from Contractor media and return all such information to
the DOJ within 10 days of the expiration or termination of the contract, unless otherwise extended by the CO, or
waived (in part or whole) by the CO, and all such information shall be returned in a format and form acceptable to
DOJ. The Contractor shall provide a written certification certifying the removal and return of all such information
to the CO within 10 business days of the removal and return of all DOJ Information.

K. DOJ, at its discretion, may suspend the Contractor’s access to any DOJ Information, or terminate the contract,
when DOJ suspects that the Contractor has failed to comply with any security requirement, or in the event of
an Information System Security Incident or Security Breach (see definitions above), 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. Any termination action taken because of the Contractor’s suspected failure
to comply with any security requirement will be conducted in accordance with the applicable termination clause
governing the awarded contract. The Contractor understands that any suspension or termination in accordance
with this provision shall be at no cost to DOJ, and that upon request by the CO, the Contractor must immediately
15A00024Q00000056 Page 53 of 97

return all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at the Contractor’s
expense. The Contractor must comply with FAR 52.227-14 (Rights in Data), FAR 52.245-1 (Government
Property), DOJ 2400.3A Chapter 1 (component property procedures), and FAR 4.804-5(a)(6) (Procedures for
closing out contract files).

V. Cloud Computing
A. The Contractor may not utilize the Cloud system of any Cloud Service Provider (“CSP”) unless:

1. All of the following has occurred: (a) the Cloud system and CSP have been evaluated by a Third
Party Assessing Organization (“3PAO”) certified under FedRAMP; (b) the Cloud system received
FedRAMP authorization; (c) the Contractor has provided the most current System Security Plan
(“SSP”) and Security Assessment Report (“SAR”) to the DOJ CO for consideration, and provides any
subsequent SSPs and SARs within 30 days of issuance; and, (d) the Authorizing Official for the DOJ
component responsible for maintaining the security confidentiality, integrity, and availability of the DOJ
Information under the Covered Contract has issued an ATO; or,

2. In cases where the CSP or its offering is not FedRAMP authorized, the COR approves utilization
of the Cloud System after the CSP has worked with the authorizing official, the DOJ OCIO, and the
FedRAMP Program Management Office to determine that the CSP is likely to seek and receive Agency/
FedRAMP authorization within 1 year, or DOJ has authorized use as a Private Cloud or Contractor
Owned, Contractor Operated system.

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

C. The Contractor must ensure that the CSP provides access and information to support and enable DOJ’s cloud
security posture management, to include the current inventory of security management configuration data for
services and information to confirm the Contractor has been monitoring accounts for compliance with security
requirements. The DOJ Justice Security Operations Center (JSOC) must be able to access logs and events to
investigate potential security breaches and perform security posture assessments associated with the Security
Audit Identity Credential Access Management (ICAM) policies.

D. The Contractor must ensure that the CSP provides evidence of annual recertification of privileged user access
management.

E. A Supply Chain Risk Management (SCRM) review is mandatory for specified acquisitions in accordance
with established process in EO 14028 and NIST SP 800-161, Cybersecurity Supply Chain Risk Management
Practices for Systems and Organizations, or superseding document. All vendor products and solutions to
be used on DOJ national security systems, enterprise-wide systems, or new FIPS-199 High and Moderate
systems for the purpose of accessing, collecting, storing, processing, maintaining, using, sharing, retrieving,
disseminating, transmitting, or disposing of DOJ Information must be submitted to DOJ OCIO for a Supply Chain
Risk Management review prior to contract award or ATO signature. Changes in corporate ownership or structure
shall be reported to the CO for referral to SCRM. The Contractor shall notify the CO of any confirmed Supply
Chain compromise affecting the Contractor’s products or services within 1 hour of discovery.

__ The following SCRM requirements for acquisition of systems, hardware, or software which will be used
in systems that are mission critical or process sensitive data apply to this award. (CO check as appropriate
in coordination with the Program Manager and/or System Owner)

1. The Contractor shall develop and deliver a SCRM Plan. The SCRM Plan shall meet the format
described in NIST SP 800-161, Appendix E. The SCRM plan shall address the following security
controls from NIST SP 800-53 Rev 5: SR-2, SR-3, SR-4, SR-5, SR-6, SR-7, SR-8, SR-9, SR-10, and
SR-11. Equivalent ISO 27000 series controls may be used if they are mapped to the NIST control(s).

2. The Contractor shall implement the required security controls as documented in the SCRM Plan.
The requirements of the SCRM plan shall flow down to all subcontractors. Evidence of the certification
and compliance is required.
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3. The Contractor shall provide evidence of compliance with the documented SCRM Plan. (CO select
which applies)
X Self-assessment by a contractor security team
__ External assessment by an independent auditor

VI. Information System Security Incident or Security


A. Confirmed Security Incident. The Contractor shall immediately (and in no event later than 1 hour of discovery)
report any Confirmed Security Incident to the DOJ CO and COR. If the Confirmed Security Incident occurs
outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, the Contractor must
call JSOC at 1-202-357-7000 immediately (and in no event later than within 1 hour of discovery of the Confirmed
Security Incident) and shall notify the CO and COR as soon as practicable.

B. Potential Security Incident.


1. If the Contractor suspects that DOJ information has been potentially disclosed or impacted,
the Contractor shall promptly investigate to determine if a Security Incident has occurred. If the
Contractor has not determined within 24 hours (i.e., 24 hours from detection of potential security
incident and/or security breach) whether the Potential Security Incident was in fact a Security
Incident, then it must immediately report the Potential Security Incident to the DOJ CO and the
COR. If the time by which to report the Potential Security Incident occurs outside of regular
business hours and/or neither the DOJ CO nor the COR can be reached, the Contractor must
call or e-mail the JSOC Team at 1-202-357-7000 or JSOC@USDOJ.GOV and contact the DOJ
CO and COR as soon as practicable. If the contract involves PII, the Contractor must comply
with the notification requirements of DOJ-02 and Executive Order M-17-12 (Memorandum on
Preparing for and Responding to a Breach of Personally Identifiable Information), Contractor Privacy
Requirements, Section B.5, for an actual or suspected Security Incident.

2. The Contractor must limit sharing of Security Incident details to only those individuals involved
in responding to the potential Security Incident. Any provisions of the Covered Contract regarding
the citizenship or location of individuals working on the Covered Contract apply equally to individuals
involved in responding to any potential Security Incidents. The Contractor may request assistance
from the JSOC for advice, incident response, or FBI coordination. The Contractor must provide
weekly updates to CO, COR and JSOC during the course of a Security Incident investigation.

C. Any report submitted in accordance with paragraphs (B) and (C), above, shall identify:
1. Both the Covered Information Systems and DOJ Information involved or at risk, including the type,
amount, and level of sensitivity 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 the Contractor to minimize, remedy, and/or investigate
the Security Incident.

3. Any and all other information as required by the CISA Federal Incident Notification Guidelines,
including the functional impact, information impact, impact to recoverability, threat vector, mitigation
details, and all available incident details; and

The Contractor may request assistance from the JSOC Team for advice, incident response, or FBI
coordination, and must provide weekly updates to CO, COR, and JSOC during the course of an Incident
investigation.

D. Except as otherwise required by Federal, State and local laws, executive orders, rules and regulations,
all determinations regarding whether and when to notify other individuals and/or federal agencies potentially
affected by a Security Incident will be made by DOJ senior officials, the DOJ Core Management Team, or the
COR at DOJ’s discretion.

E. The Contractor must provide to DOJ full access to any facility and/or Covered Information System affected
or potentially affected by any potential or confirmed Security Incident, 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.
15A00024Q00000056 Page 55 of 97

F. DOJ, at its sole discretion, may obtain, and the Contractor will permit, the assistance of other federal agencies
and/or third-party contractors or firms to aid in response activities related to any potential or confirmed Security
Incident. Additionally, DOJ, at its sole discretion, may require the Contractor to retain, at the Contractor’s
expense, a 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
Covered Information Systems.

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

VII. Pass-Through of Security Requirements to Subcontractors and CSPs


A. The requirements set forth in the preceding paragraphs of this clause apply to all subcontractors and CSPs
who perform work in connection with the contract, including any CSP providing services for any other CSP under
the contract, and the 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 the Contractor.

(End of Clause)

DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021)

Work performed under this contract will involve any one or more of the following: access to DOJ Information, which may
include Controlled Unclassified Information (CUI), i.e., unclassified, sensitive DOJ information, and/or access to DOJ
Information Technology (IT) systems, and/or unescorted access to DOJ space or facilities. Contractor employees will
occupy Public Trust Positions, unless clause alternates are applied.

1. General Requirements

(a) (1) All references to “contract(or) personnel” and “contract(or) employee” in this clause means all individuals, without
limitation, to include individuals employed by the contractor, team member, subcontractor, consultant, and/or independent
contractor, who will have access to information of the Department of Justice (DOJ) or information that is within the custody
and control of the DOJ, access to DOJ IT systems, and/or unescorted access to DOJ facilities/space in connection
with the performance of this contract. “Employment” as used herein does not create nor imply an employer/employee
relationship between the DOJ and contractor employees.

(b) (1) The type of security investigation required for each contractor employee will be governed by the type and
risk level of information made available to the contractor employee. The contractor will not be permitted to commence
performance under this contract until a sufficient number of its personnel, as determined by the Security Programs
Manager (SPM), in consultation with the Contracting Officer’s Representative if one is appointed, have received the
requisite security approval.

(c) Except where specifically noted otherwise, the federal government will be responsible for the cost and conduct of
the investigation.

(d) The contractor shall ensure that no contractor employee commences performance prior to receipt of a written
authorization from the contracting officer, COR, or the SPM that performance by the respective contractor employee is
authorized.

(e) The data and other information to which the contractor may have access as a result of this contract is the property
of, and/or within the custody and control of, the Department, and its disclosure to third parties is governed by various
statutes and regulations, the violation of which may subject the discloser to criminal penalties.

2. Citizenship and Residency Requirements


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(a) Residency Requirement. (1) Contractor employees in Public Trust positions, both U.S. citizens and non-U.S.
citizens, must meet the Department’s residency requirement if they will require access to DOJ information, IT systems, or
unescorted access to facilities. For three years (not necessarily consecutive years) out of the last five years immediately
prior to employment under the Department contract the contractor employee must have: (i) resided in the U.S.; (ii) worked
for the U.S. in a foreign country as either an employee or contractor in a federal civilian or military capacity; or, (iii) been
a dependent of a federal civilian or military employee or contractor working for the U.S. in a foreign country. At the
Department’s sole discretion, the residency requirement may be waived by the Department Security Officer (DSO) for
contractor employees on a case-by-case basis where justified by extenuating circumstances. The residency requirement
does not apply to contractor employees residing in foreign countries that are hired to work in American embassies/
consulates/missions located outside of the United States and who require access to DOJ information, IT systems, or
unescorted access provided that an adequate background investigation can be conducted, with favorable adjudication, as
determined by the DSO.

(b) Citizenship. (1) Aside from the specific exceptions set forth in Section 1.2(b)(2), for Public Trust positions, the DOJ
requires that contractor employees be U.S. citizens and nationals, or lawful permanent residents seeking U.S. citizenship.
Any prospective non-U.S. citizen contractor employee who requires access to DOJ information systems, DOJ information,
and/or unescorted facilities access must also have been granted a waiver as described below in paragraphs 1.2(d) and/or
(e). The contractor is responsible for verifying that the non-U.S. citizens working under this contract are lawful permanent
residents seeking U.S. citizenship.

(2) Exception for Certain Non-U.S. Citizen Contractor Employees: (i) Non-U.S. citizen expert witnesses,
litigative consultants, and interpreters in rare foreign languages are not required to be lawful permanent residents
seeking U.S. citizenship. However, they must be granted a waiver for access to unclassified DOJ information,
whether CUI or not, DOJ IT systems, and/or unescorted facility access, as described below in paragraph 1.2(d)
and (e), regardless of the duration of their duties. (ii) Non-U.S. Citizen contractor employees residing in foreign
countries who are hired to work for the Department of Justice in American embassies/consulates/missions
outside of the United States are not required to be lawful permanent residents seeking U.S. citizenship.

(c) Dual Citizenship. (1) U.S. citizens who hold dual citizenship with a foreign country are considered U.S. citizens
within the meaning of this clause, and may be considered for, but are not entitled to, contract employment as U.S. citizens
consistent with this clause. The means by which the contractor employee obtained or exercises his or her dual citizenship
status will be a consideration in the Public Trust Investigation (PTI) adjudication, and/or waiver approval processes
discussed in this clause.

(d) Access to DOJ Information Technology Systems. Non-U.S citizens are not authorized to access DOJ information
technology (IT) systems or assist in the development, operation, management, or maintenance of DOJ IT systems,
including providing IT system support, unless a waiver has been granted by the Head of the DOJ component or designee,
with the prior concurrence of both the DSO and the DOJ Chief Information Officer, allowing computer access by the non-
U.S. citizen. Such a waiver will be granted only in exceptional and unique circumstances on a case-by-case basis. It
should be noted that the Justice Consolidated Office Network (JCON) is a sensitive DOJ IT system and any contractor
employee who will need access to JCON must be a U.S. citizen or have received a waiver. In order for a waiver to be
considered for approval: (1) There must be a compelling reason for using this individual as opposed to a U.S. citizen; (2)
The type of personnel security vetting that has been conducted on the individual, and vetting results, that would mitigate
risk; and (3) The waiver must be in the best interest of the federal government.

(e) Access to Unclassified DOJ Information and Unescorted Access to DOJ Facilities or Space. (1) Except as provided
under 1.2(b)(2), non-U.S. citizens are not authorized to access DOJ information and/or unescorted access to DOJ
facilities or space, unless a waiver has been granted by the DSO, allowing access by the non-U.S. citizen. Such a waiver
will be granted on a case-by-case basis where justified at the discretion of the DSO.

3. Background Investigation Requirements

(a) (1) Unless otherwise stated below, all contractor personnel are subject to a Public Trust Investigation (PTI). The
SPM will determine the type of investigation for each contractor employee based on the risk category (i.e., the nature of
the position and degree of harm that could be caused by the individual in that position) and whether the position is long-
term or short-term. The PTI risk categories are listed below.

(i) High Risk Positions. The minimum background investigation required is a Tier 4 (T4) investigation, and the
five-year reinvestigation required is a Tier 4R (T4R) investigation. The 2017 version of the Standard Form (SF)
85P, Questionnaire for Public Trust Positions, is required.
15A00024Q00000056 Page 57 of 97

(ii) Moderate Risk Positions. The minimum background investigation required is a Tier 2 (T2) investigation. The
five-year reinvestigation required is a Tier 2R (T2R) investigation. The 2017 version of the SF-85P is required.
(iii) Low Risk/Non-Sensitive Positions. The minimum background investigation required for Low Risk/Non-
Sensitive positions is a Tier 1 (T1) investigation and the required five-year reinvestigation is also a Tier 1 (T1)
investigation. The SF 85, Questionnaire for Non-Sensitive Positions, is required.

(b) Exception for Expert Witnesses. Expert Witnesses, litigative consultants, and interpreters in rare foreign
languages may not be subject to full background investigation requirements if alternative security requirements are
approved by the DSO.

(c) Short-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), short-term contractor
employees (6 months or less) who are U.S. citizens are not subject to a full background investigation, however, must
receive an approved pre-employment background investigation waiver. The required forms to complete and submit are
listed in Section 1.4(b) and (c)(2).

(d) Long-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), all long-term U.S.
citizen employees (longer than 6 months) are subject to a full background investigation in the risk category appropriate to
the position they will hold.

(e) Non-U.S. Citizen Contractor Employees. Other than the exception in 1.3(b), all non-U.S. citizen contractor
employees regardless of performance duration (short or long term) are subject to a full background investigation in the
risk category appropriate to the position they will hold.

(f) Reciprocity. (1) A Public Trust Investigation will be accepted under reciprocity if it meets the following guidelines:
(i) the investigation is current (investigations are considered current if completed within the last five years) and favorably
adjudicated, or the reinvestigation has been deferred; (ii) the investigation meets or exceeds the level of investigation
required for the DOJ contractual instrument; (iii) there has been no continuous (not cumulative) break in federal contract/
service employment of two years or more; (iv) there is no derogatory information since the favorable fitness determination
or adjudication that calls into question the individual’s fitness based on character or conduct; and (v) the investigative
record does not show conduct that is incompatible with the core duties of the new contract position. A “core duty” is a
continuing responsibility that is of particular importance to the relevant covered position or the achievement of an agency’s
mission. Core duties will vary from position to position.

4. Background Investigation Process

(a) e-QIP (or its successor). Public Trust background investigations/reinvestigations of contractor employees will
be performed by the DCSA. The investigative process requires contractor employees to complete the Electronic
Questionnaires for Investigations Processing (e-QIP) and provide additional information as specified in paragraph
1.4(b) below. Immediately after contract award, the contractor shall designate an employee as its “e-QIP Initiator” and
provide the name of this person to the SPM. The e-QIP Initiator must have, at a minimum, a favorably adjudicated
Tier 1 investigation and the appropriate DOJ security approval before being given access to e-QIP. After the e-QIP
Initiator’s security approval is granted, the Contractor will be configured in e-QIP as a sub-agency to DOJ. The contractor
will then be responsible for initiating investigations for all contract personnel, whose previous investigation does not
meet reciprocity, in e-QIP for completion of the security questionnaire form and forwarding the electronic form with the
remainder of the security package to the SPM. Subject to the prior written approval of the SPM, the contractor may
designate an e-QIP Initiator for each subcontractor. Subcontractor e-QIP Initiators must have, at a minimum, a favorably
adjudicated Tier 1 investigation and the appropriate DOJ security approval before being provided access to e-QIP.

(b) Additional Documentation. (1) In addition to completing the e-QIP questionnaire (see 1.4(a), above), the contractor
shall ensure that each contractor employee occupying Public Trust Positions, including short-term employees, completes
and submits the following information through the contractor’s Corporate Security Officer:

(i) Digital Fingerprinting/FD-258 Applicant Fingerprint Card. Two sets are required per applicant. The
contractor may schedule appointments with the SPM to be digitally fingerprinted; otherwise, fingerprinting by the
FBI or other law enforcement entity, as approved by the SPM, is required to ensure the identity of the person
being fingerprinted and for printing quality. All pertinent information must be completed by the individual taking
the fingerprints (FBI or other). Use of the physical FD-258 Applicant Fingerprint Card should only be used in
extenuating circumstances.
15A00024Q00000056 Page 58 of 97

(ii) DOJ-555 Fair Credit Reporting Act Disclosure. Authorizes DOJ to obtain one or more consumer/credit
reports on the individual. This form will be required if the Component SPM determines a credit check is
necessary for its Low Risk Level 1 contractor positions.
(iii) OF-306, Declaration for Federal Employment.
(iv) Foreign National Relatives or Associates Statement. This is only required if foreign national relatives or
associates were not disclosed on the security questionnaire form.
(v) Self-Reporting Requirements for All Contractor Personnel. This is an acknowledgement and acceptance
statement that every contractor must sign.
(vi) Additional information as may be required based on the review of the security questionnaire form.

The contractor shall review all forms/documents to ensure each is complete, accurate and meets all DOJ requirements,
including applicable residency and citizenship requirements. The contractor shall resolve any issues or discrepancies
with the contractor employee, including resubmission of corrected forms or documentation. Completed forms/documents
shall be submitted to the SPM (or designee, which may include the COR) within five (5) calendar days after being
finalized.

(c) Adjudication and Pre-Employment Background Investigation Waivers

(1) Except as set forth in this section, background investigations must be conducted and favorably adjudicated for
each contractor employee prior to commencing their work on this contract. Where programmatic needs do not permit
the federal government to wait for completion of the entire background investigation, a pre-employment background
investigation waiver for public trust contractors can be granted by the SPM, in consultation with the cognizant COR. Pre-
employment waivers cannot be used to circumvent delays in clearing classified contractors through the DCSA, if access
to classified information is required.

(2) As directed by the SPM, the contractor shall initiate pre-employment waivers for Public Trust Positions when
necessary. This may entail performing credit history checks and submission of these checks as part of the security
package, including satisfactory resolution of any issues prior to submission to the federal government. A waiver will be
disapproved if it develops derogatory information that cannot be resolved in the contractor employee’s favor. When a
waiver has been disapproved, the CO, in consultation with the SPM and COR, will determine (i) whether the contractor
employee will no longer be considered for work on a DOJ contract or (ii) whether to wait for the completion and favorable
adjudication of the background investigation before the contractor employee commences work on a Department contract.
The pre-employment background investigation waiver requirements include:

1. Verification of citizenship (copy of a birth certificate, naturalization certificate, or U.S. passport);


2. Verification of compliance with the DOJ Residency Requirement of this Clause;
3. Favorable review of the security questionnaire form;
4. Favorable FBI fingerprint results;
5. Favorable credit report;
6. Favorable review of the OF-306 form, Declaration for Federal Employment;
7. Verification of the initiation of the appropriate background investigation (for long-term personnel); and
8. Receipt of the signed DOJ Self-Reporting Requirements for All Contractor Personnel (see Section 6,
below).

(3) The investigating agency (DCSA) will provide the SPM with the results of each proposed contractor employee’s
Public Trust investigation. Upon receipt of the investigation and any other pertinent documents from the investigating
agency, the SPM will determine whether each proposed contractor employee should be granted employment security
approval.

(4) The COR will notify the contractor of the results of Public Trust background investigations as they are completed
and adjudicated, including any individual who is found ineligible for employment security approval. For any individual
found ineligible for employment on a Department contract, the contractor shall propose a replacement and initiate the
background investigation process consistent with this clause.

5. Identity Proofing and Badging

(a) Access to DOJ Information, federally-controlled IT systems, and/or unescorted access to federally-controlled facilities
or space (regardless of whether the contractor employee will be issued a DOJ PIV card or building access badge) shall be
made available after each respective contractor employee has (1) met the identity proofing requirements outlined below,
and (2) completed all other security requirements stated elsewhere in this contract.
15A00024Q00000056 Page 59 of 97

(b) (1) Public Trust contractor employees must appear in person at least once before a DOJ official or an official of a
trusted contract company (i.e., has a facility security clearance) who is responsible for checking two forms of identification
in original form prior to commencement of work by the contractor employee and PIV card or building access badge
issuance (as applicable). Approval will be documented by the DOJ official or an official of a trusted contract company.
(Acceptable documents are listed in Form I 9, Employment Eligibility Verification, and at least one document must be a
valid state or federal government issued picture ID).

(c) [Reserved]

(d) All contractor employees requiring unescorted access to a DOJ controlled facility or space shall comply with the PIV
card or building access badge requirements outlined below:

(i) When any contractor employee enters a DOJ building for the first time, he/she shall allow one hour for security
processing and the creation and issuance of a building access badge. PIV cards require additional processing
time and will not likely be issued on the same day.
(ii) Building access badges shall be subject to periodic review by the contractor employee's supervisor and
checked against his/her personal identification. The contractor employees shall present themselves for the
issuance of renewed badges when required by the government as scheduled by the COR or his/her designee.
The contractor shall notify the COR when contractor employee badges are lost, and must immediately apply for
reissuance of a replacement badge. The contractor shall pay for reissued building access badges at no cost to
the government. It is the contractor employee's responsibility to return badges to the COR or his/her designee
when a contractor employee is dismissed, terminated or assigned to duties not within the scope of this contract.

6. Employee Reporting Requirements

(a) All contractor employees must sign the DOJ Self-Reporting Requirements for All Contractor Personnel statement
acknowledging and accepting the DOJ requirement that they immediately self-report certain information using the
Department’s iReport system. The COR or SPM will provide the Self-Reporting statement as well as a list of reportable
information, which varies by position sensitivity designation, to the contractor employee before commencing work under
the contract. If the contractor employee does not have access to the DOJ iReport System, the COR or SPM will provide a
fillable form for the contractor employee to complete and submit.

(b) The COR and SPM will review the written report and documentation and make a determination regarding continued
employment on a DOJ contract.

(c) DOJ reporting requirements are in addition to the DCSA reporting requirements and the contractor’s internal reporting
requirements.

7. Replacement Personnel

(a) The contractor shall make every effort to avoid costs to the government for security investigations for replacement of
contractor employees, and in so doing shall ensure that otherwise satisfactorily performing and physically able contractor
employees remain in contract performance for the duration of the contract. The contractor shall take all necessary steps
to ensure that contractor personnel who are selected for assignment to this contract are professionally qualified and
personally reliable, of reputable background and sound character, and able to meet all other requirements stipulated in
the contract.

(b) The fact that the government performs security investigations shall not in any manner relieve the contractor of its
responsibility to ensure that all contract personnel are reliable and of reputable background and sound character. Should
a security investigation conducted by the government and/or a contractor’s self-report or failure to self-report render
ineligible a contractor employee, the contracting officer will determine whether the contractor has violated this clause.
The contracting officer may direct the contractor, at its own expense, to remove and replace any contractor personnel who
fails to comply with or violates applicable requirements of this contract. Such action may be taken at the government’s
direction without prejudice to its rights under any other provision of this contract, including termination for default, and
the contractor may be held liable, at a minimum, for all reasonable and necessary costs incurred by the government to (i)
provide coverage (performance) through assignment of individuals employed by the government or third parties in those
cases where absence of contractor personnel would cause either a security threat or DOJ program disruption and (ii)
conduct security investigations in excess of those which would otherwise be required.
15A00024Q00000056 Page 60 of 97

(c) Nothing in this clause shall require the contractor to bear costs involved in the conduct of security investigations for
replacement of a contractor employee who separates from the contractor of his/her own accord, is incapacitated, or is
deceased.

(d) The contractor shall comply with the terms and conditions set forth under this clause and assumes all liability for
failure to comply. The rights and remedies conferred upon the government by this clause are in addition to all and other
rights and remedies pursuant to the contract and as established by law.

(End of Clause)

DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002)

The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment
for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment
document, the contractor agrees to this restriction. In those instances where other non-IT requirements contained in the
contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.
(End of Clause)
[END OF ADDENDUM TO FAR 52.212-4]

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


Orders-Commercial Products and Commercial Services (Feb 2024)
(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
products and commercial services:

(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
Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10
U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805
note)).

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C.
4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
15A00024Q00000056 Page 61 of 97

__ (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.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to
contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31
U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117,
section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L.
117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide
Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

__ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title
II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.
2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror
elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

X (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

X (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.


15A00024Q00000056 Page 62 of 97

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business
(SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

X (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small
Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 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 (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 657s).

X (31) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Feb 2024) (E.O. 13126).

X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (34)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

X (36)(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 (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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 (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the
acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial
services as prescribed in FAR 22.1803.)

__ (41)(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.)
15A00024Q00000056 Page 63 of 97

__ (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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)
(E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016)
(E.O. 13693).

__ (44)(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.

__ (45)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and
13514).

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

X (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

X (51)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

__ (52)(i) 52.225-1, Buy American--Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) (19 U.S.C. 3301 note, 19 U.S.C.
2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes
administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (56) 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. Subtitle A, Part V, Subpart G
Note).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
15A00024Q00000056 Page 64 of 97

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41
U.S.C. 4505, 10 U.S.C. 3805).

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505,
10 U.S.C. 3805).

X (62) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (63) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31
U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

__ (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10
U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and
Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 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).

__ (5) 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).

X (6) 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).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d)
if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined
15A00024Q00000056 Page 65 of 97

in FAR 2.101, on the date of award of this contract 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
products or commercial services. 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 (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab
Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L.
117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (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
the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include
52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(x) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212)
15A00024Q00000056 Page 66 of 97

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xxiii) 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. Subtitle A, Part V, Subpart G
Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down
required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10
U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 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 products and commercial services a
minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)
15A00024Q00000056 Page 67 of 97

Section 3 - List of Attachments

Identifier Title Number of


Pages
1 Att. A_Past and Present Performance Survey.pdf
2 Att. B_Qs_As_15A00024Q00000056.xlsx
3 Att. C_East-West_Locations.xlsx
4 Att. D_QASP.pdf
15A00024Q00000056 Page 68 of 97

Section 4 - Solicitation Provisions

Provisions By Reference
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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): www.acquisition.gov

Provision Title Fill-ins (if applicable)


52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions (Sept 2007)

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting

(Aug 2020)

52.217-5 Evaluation of Options (July 1990)

Provisions By Full Text

ATF-53 WHISTLEBLOWER INFORMATION FOR EMPLOYEES OF DOJ CONTRACTORS, SUBCONTRACTORS,


GRANTEES, SUBGRANTEES OR PERSONAL-SERVICES CONTRACTORS (March 2021)

The Contractor shall distribute the Whistleblower Information found at the below site to all employees and subcontractors:

https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf.

(End of Clause)

ATF-55 Personnel Security Requirements for Contractor Employees (Nov 2021)

Work performed under this contract will involve any one or more of the following: access to DOJ Information, which may
include Controlled Unclassified Information (CUI), i.e., unclassified, sensitive DOJ information, and/or access to DOJ
Information Technology (IT) systems, and/or unescorted access to DOJ space or facilities. Contractor employees will
occupy Public Trust Positions, unless clause alternates are applied.

__(Check if applicable.) Access to/safeguarding of classified information will be required. Alternate I sections also apply
15A00024Q00000056 Page 69 of 97

1. General Requirements

(a) (1) All references to “contract(or) personnel” and “contract(or) employee” in this clause means all individuals, without
limitation, to include individuals employed by the contractor, team member, subcontractor, consultant, and/or independent
contractor, who will have access to information of the Department of Justice (DOJ) or information that is within the custody
and control of the DOJ, access to DOJ IT systems, and/or unescorted access to DOJ facilities/space in connection
with the performance of this contract. “Employment” as used herein does not create nor imply an employer/employee
relationship between the DOJ and contractor employees.

(Alt. I) [The following is added to the clause]: (2) Additionally, work performed under this contract will involve access to
classified information [National Security Information (NSI)].

(b) (1) The type of security investigation required for each contractor employee will be governed by the type and risk level
of information made available to the contractor employee. The contractor will not be permitted to commence performance
under this contract until a sufficient number of its personnel, as determined by the Security Programs Manager (SPM),
in consultation with the Contracting Officer’s Representative if one is appointed, have received the requisite security
approval.

(Alt. I) [The following is added to the Clause]: (2) All contractor employees requiring access to classified information will
be processed by Defense Counterintelligence and Security Agency (DCSA) in accordance with the National Industrial
Security Program (NISP). The contractor will not be permitted to commence performance under this contract until a
sufficient number of its personnel, as determined by the SPM in consultation with the Contracting Officer’s Representative
(COR) if one is appointed, have received the requisite NSI Clearance.

(c) Except where specifically noted otherwise, the federal government will be responsible for the cost and conduct of the
investigation.

(d) The contractor shall ensure that no contractor employee commences performance prior to receipt of a written
authorization from the contracting officer, COR, or the SPM that performance by the respective contractor employee is
authorized.

(e) The data and other information to which the contractor may have access as a result of this contract is the property of,
and/or within the custody and control of, the Department, and its disclosure to third parties is governed by various statutes
and regulations, the violation of which may subject the discloser to criminal penalties.

2. Citizenship and Residency Requirements

(a) Residency Requirement. (1) Contractor employees in Public Trust positions, both U.S. citizens and non-U.S.
citizens, must meet the Department’s residency requirement if they will require access to DOJ information, IT systems, or
unescorted access to facilities. For three years (not necessarily consecutive years) out of the last five years immediately
prior to employment under the Department contract the contractor employee must have: (i) resided in the U.S.; (ii) worked
for the U.S. in a foreign country as either an employee or contractor in a federal civilian or military capacity; or, (iii) been
a dependent of a federal civilian or military employee or contractor working for the U.S. in a foreign country. At the
Department’s sole discretion, the residency requirement may be waived by the Department Security Officer (DSO) for
contractor employees on a case-by-case basis where justified by extenuating circumstances. The residency requirement
does not apply to contractor employees residing in foreign countries that are hired to work in American embassies/
consulates/missions located outside of the United States and who require access to DOJ information, IT systems, or
unescorted access provided that an adequate background investigation can be conducted, with favorable adjudication, as
determined by the DSO.

(Alt. I) [The following is added to the clause]: (2) The residency requirement does not apply to contractor employees
working on the classified portion of this contract whose national security clearance has been processed by DCSA in
accordance with the NISP.

(b) Citizenship. (1) Aside from the specific exceptions set forth in Section 1.2(b)(2), for Public Trust positions, the DOJ
requires that contractor employees be U.S. citizens and nationals, or lawful permanent residents seeking U.S. citizenship.
Any prospective non-U.S. citizen contractor employee who requires access to DOJ information systems, DOJ information,
and/or unescorted facilities access must also have been granted a waiver as described below in paragraphs 1.2(d) and/or
15A00024Q00000056 Page 70 of 97

(e). The contractor is responsible for verifying that the non-U.S. citizens working under this contract are lawful permanent
residents seeking U.S. citizenship.

(2) Exception for Certain Non-U.S. Citizen Contractor Employees: (i) Non-U.S. citizen expert witnesses, litigative
consultants, and interpreters in rare foreign languages are not required to be lawful permanent residents seeking U.S.
citizenship. However, they must be granted a waiver for access to unclassified DOJ information, whether CUI or not,
DOJ IT systems, and/or unescorted facility access, as described below in paragraph 1.2(d) and (e), regardless of the
duration of their duties. (ii) Non-U.S. Citizen contractor employees residing in foreign countries who are hired to work for
the Department of Justice in American embassies/consulates/missions outside of the United States are not required to be
lawful permanent residents seeking U.S. citizenship.

(Alt. I) [The following is added to the Clause]: (3) Contractor employees requiring access to classified information will be
processed by DCSA in accordance with the NISP.

(c) Dual Citizenship. (1) U.S. citizens who hold dual citizenship with a foreign country are considered U.S. citizens within
the meaning of this clause, and may be considered for, but are not entitled to, contract employment as U.S. citizens
consistent with this clause. The means by which the contractor employee obtained or exercises his or her dual citizenship
status will be a consideration in the Public Trust Investigation (PTI) adjudication, and/or waiver approval processes
discussed in this clause.

(Alt. I) [The following is added to the clause]: (2) Contractor employees requiring access to classified information will be
processed by DCSA in accordance with the NISP.

(d) Access to DOJ Information Technology Systems. Non-U.S citizens are not authorized to access DOJ information
technology (IT) systems or assist in the development, operation, management, or maintenance of DOJ IT systems,
including providing IT system support, unless a waiver has been granted by the Head of the DOJ component or designee,
with the prior concurrence of both the DSO and the DOJ Chief Information Officer, allowing computer access by the non-
U.S. citizen. Such a waiver will be granted only in exceptional and unique circumstances on a case-by-case basis. It
should be noted that the Justice Consolidated Office Network (JCON) is a sensitive DOJ IT system and any contractor
employee who will need access to JCON must be a U.S. citizen or have received a waiver. In order for a waiver to be
considered for approval: (1) There must be a compelling reason for using this individual as opposed to a U.S. citizen; (2)
The type of personnel security vetting that has been conducted on the individual, and vetting results, that would mitigate
risk; and (3) The waiver must be in the best interest of the federal government.

(e) Access to Unclassified DOJ Information and Unescorted Access to DOJ Facilities or Space. (1) Except as provided
under 1.2(b)(2), non-U.S. citizens are not authorized to access DOJ information and/or unescorted access to DOJ
facilities or space, unless a waiver has been granted by the DSO, allowing access by the non-U.S. citizen. Such a waiver
will be granted on a case-by-case basis where justified at the discretion of the DSO.

3. Background Investigation Requirements

(a) (1) Unless otherwise stated below, all contractor personnel are subject to a Public Trust Investigation (PTI). The SPM
will determine the type of investigation for each contractor employee based on the risk category (i.e., the nature of the
position and degree of harm that could be caused by the individual in that position) and whether the position is long-term
or short-term. The PTI risk categories are listed below.

(i) High Risk Positions. The minimum background investigation required is a Tier 4 (T4) investigation, and the five-year
reinvestigation required is a Tier 4R (T4R) investigation. The 2017 version of the Standard Form (SF) 85P, Questionnaire
for Public Trust Positions, is required.
(ii) Moderate Risk Positions. The minimum background investigation required is a Tier 2 (T2) investigation. The five-year
reinvestigation required is a Tier 2R (T2R) investigation. The 2017 version of the SF-85P is required.
(iii) Low Risk/Non-Sensitive Positions. The minimum background investigation required for Low Risk/Non-Sensitive
positions is a Tier 1 (T1) investigation and the required five-year reinvestigation is also a Tier 1 (T1) investigation. The SF
85, Questionnaire for Non-Sensitive Positions, is required.

(Alt. I) [The following is added to the clause]: (2). Contractor employees requiring access to classified information will be
processed by DCSA in accordance with the NISP.
15A00024Q00000056 Page 71 of 97

(b) Exception for Expert Witnesses. Expert Witnesses, litigative consultants, and interpreters in rare foreign languages
may not be subject to full background investigation requirements if alternative security requirements are approved by the
DSO.

(c) Short-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), short-term contractor
employees (6 months or less) who are U.S. citizens are not subject to a full background investigation, however, must
receive an approved pre-employment background investigation waiver. The required forms to complete and submit are
listed in Section 1.4(b) and (c)(2).

(d) Long-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), all long-term U.S. citizen
employees (longer than 6 months) are subject to a full background investigation in the risk category appropriate to the
position they will hold.

(e) Non-U.S. Citizen Contractor Employees. Other than the exception in 1.3(b), all non-U.S. citizen contractor employees
regardless of performance duration (short or long term) are subject to a full background investigation in the risk category
appropriate to the position they will hold.

(f) Reciprocity. (1) A Public Trust Investigation will be accepted under reciprocity if it meets the following guidelines: (i)
the investigation is current (investigations are considered current if completed within the last five years) and favorably
adjudicated, or the reinvestigation has been deferred; (ii) the investigation meets or exceeds the level of investigation
required for the DOJ contractual instrument; (iii) there has been no continuous (not cumulative) break in federal contract/
service employment of two years or more; (iv) there is no derogatory information since the favorable fitness determination
or adjudication that calls into question the individual’s fitness based on character or conduct; and (v) the investigative
record does not show conduct that is incompatible with the core duties of the new contract position. A “core duty” is a
continuing responsibility that is of particular importance to the relevant covered position or the achievement of an agency’s
mission. Core duties will vary from position to position.

(End of Clause)

52.204-17 Ownership or Control of Offeror (Aug 2020)

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

"Commercial and Government Entity (CAGE) code" means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency
(DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique
location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and
Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial
and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a
NATO CAGE (NCAGE) code.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls
one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level
owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control
include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests
among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it __ has or __ does not have an immediate owner. If the Offeror has more than one
immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d)
of this provision for each participant in the joint venture.

(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:


15A00024Q00000056 Page 72 of 97

_________________________
Immediate owner legal name:
_________________________
(Do not use a "doing business as" name)

Is the immediate owner owned or controlled by another entity?: __ Yes or __ No.

(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or
controlled by another entity, then enter the following information:

Highest-level owner CAGE code:


_________________________
Highest-level owner legal name:
_________________________
(Do not use a "doing business as" name)

(End of provision)

52.204-20 Predecessor of Offeror (Aug 2020)

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

"Commercial and Government Entity (CAGE) code" means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency
(DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique
location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and
Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial
and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a
NATO CAGE (NCAGE) code.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the
predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/
divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor
for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it __ is or __ is not a successor to a predecessor that held a Federal contract or grant
within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors
that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological
order):

Predecessor CAGE code:____________________(or mark "Unknown").

Predecessor legal name: ____________________.


(Do not use a "doing business as" name.)

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov
2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that
it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the
15A00024Q00000056 Page 73 of 97

Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the
provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of
the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services.
The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that
it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses
covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)
(2)(ii) of the provision at 52.212-3.

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

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements,


reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)
prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or
renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology as part of any
system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities
of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any
user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)
prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or
renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology as part of any
system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether
that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities
of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any
user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://
www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or
services."

(d) Representations. The Offeror represents that--

(1) It __ will, __ will not provide covered telecommunications equipment or services to the Government in the performance
of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the
additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)
(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It __ does, __ does not use covered telecommunications equipment or services, or use any equipment, system, or
service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure
information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.
15A00024Q00000056 Page 74 of 97

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the
representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier,
CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM
number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if
such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include
on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler
number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of
the proposed use of covered telecommunications services and any factors relevant to determining if such use would be
permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the
representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier,
CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM
number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if
such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include
on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler
number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of
covered telecommunications services and any factors relevant to determining if such use would be permissible under the
prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry"
have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://
www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or
services".
15A00024Q00000056 Page 75 of 97

(c) Representations.

(1) The Offeror represents that it __ does, __ does not provide covered telecommunications equipment or services as
a part of its offered products or services to the Government in the performance of any contract, subcontract, or other
contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it __ does, __
does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered
telecommunications equipment or services.

(End of provision)

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(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
proceedings at the 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.
15A00024Q00000056 Page 76 of 97

(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, which can be accessed via https://
www.sam.gov (see 52.204-7).

(End of provision)

52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

The offeror represents that--

It __has, __has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this
solicitation;

It __has, __has not filed all required compliance reports; and

Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be
obtained before subcontract awards.

(End of provision)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the
prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract
awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) __ does, __ does not publicly disclose
greenhouse gas emissions, i.e., make available on a publicly accessible website the results of a greenhouse gas
inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria,
such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) __ does, __ does not publicly disclose a
quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available website a target to
reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas
emissions reporting program.

(c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the
publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: _______________.

(End of provision)

2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020)

(a) The following definitions apply in this provision:


(1) “Agency Protest Official” (APO) means the Deciding Official for a procurement protest filed with a contracting
activity of DOJ when the contracting officer will not be the Deciding Official because of the protestor's election
under JAR 2833.103(b)
(2) “Deciding Official” means the official who will review and decide a procurement protest filed with the agency.
The Deciding Official will be the contracting officer unless the protestor requests pursuant to JAR 2833.103(b)
15A00024Q00000056 Page 77 of 97

that the protest be decided by an individual above the level of the contracting officer, in which case the HCA will
designate an APO to serve as the Deciding Official.
(3) “Interested Party” means an actual or prospective offeror whose direct economic interest would be affected
by the award of a contract or by the failure to award a contract.
(b) Only interested parties may file a protest.
(c) An interested party filing a protest with the DOJ has the choice of requesting either that the Contracting Officer or the
APO decide the protest.
(d) A protest filed directly with the DOJ shall:
(1) Indicate that it is a protest to DOJ.
(2) Be filed with the Contracting Officer.
(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the
protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.
(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the
protest to the deciding official.
(5) Include the information required by FAR 33.103(d)(2):
(i) Name, address, facsimile number and telephone number of the protestor.
(ii) Solicitation or contract number.
(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of
resulting prejudice to the protestor.
(iv) Copies of relevant documents.
(v) Request for a ruling by the agency.
(vi) Statement as to the form of relief requested.
(vii) All information establishing that the protestor is an interested party for the purpose of filing a
protest.
(viii) All information establishing the timeliness of the protest.
(e) The decision by the APO is an alternative to a decision by the Contracting Officer. The APO will not consider appeals
from the Contracting Officer's decision on an agency protest and a decision by the APO is final and not appealable.
(f) The Deciding Official may conduct a scheduling conference. The scheduling conference, if conducted, will establish
deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in
response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same
time as the scheduling conference, depending on availability of the necessary parties.
(g) Oral conferences may take place either by telephone or in person.
(h) The protestor has only one opportunity to support or explain the substance of its protest. DOJ procedures do not
provide for any discovery. The deciding official may request additional information from the agency or the protestor. The
deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.
(i) A protestor may represent itself or be represented by legal counsel. The DOJ will not reimburse the protester for any
legal fees related to the agency protest.
(j) The DOJ will stay award or suspend contract performance in accordance with FAR 33.103(f), unless the contract
award is justified, in writing, for urgent and compelling reasons or is determined, in writing, to be in the best interest of
the Government. The justification or determination shall be approved at a level above the Contracting Officer. The stay or
suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.
(k) The deciding official will make a best effort to issue a decision on the protest within thirty-five (35) days after the filing
date. The decision shall be written, and provided to the protestor using a method that provides for evidence of receipt.
(l) The DOJ may dismiss or stay proceedings on an agency protest if a protest on the same or similar basis is filed with a
forum outside DOJ.
(End of Clause)

4.1 Quotation Instructions

This solicitation is a 100% set aside for small business under North American Industry Classification System code 541990.

1.0 SUBMISSION DETAILS

The Offeror shall submit a complete response to this solicitation/request for quotation (RFQ) to the Contract Specialist (CS)/
Contracting Officer (CO) via email (Steven.Jaimes@ATF.gov) by the response date and time shown in Block #8 of the
SF1449 (or as amended by the latest SF30, if applicable). The Offeror’s response shall demonstrate its ability to accomplish the work
described in the PWS.
15A00024Q00000056 Page 78 of 97

The Offeror is advised to monitor sam.gov to obtain information/communications from the CS/CO in a timely manner. The Offeror
shall use the “Att.B_Qs_As_15A00024Q00000056" (Att. B) to submit questions pertaining to this RFQ to the CS, Steven Jaimes,
via email (Steven.Jaimes@ATF.gov) by 5:00 pm Eastern Standard Time on April 24 2024. This will ensure the CS publishes/
releases responses and issues timely amendment(s), if necessary.

The Offeror’s electronic submission/response shall be single spaced and on 8 ½” x 11” paper with: one (1) font style (i.e., Arial,
Bookman Old Style, Calibri, Garamond, Georgia, Mont, or Times New Roman); font colors (Black and/or Blue); and font size 10-14.

Illustrations (e.g., graphic figures, graphs, and tables) shall be in portrait/landscape format with font colors other than black or blue
allowed and font sizes 7-12 acceptable, provided the information is visible and legible via a computer. Headers, footers and title/
cover pages may be outside the page margins and are not bound by the font, color or point-size requirements. NOTE: Information not
contained within these limitations may not be evaluated.

The Offeror shall submit condensed, un-zipped files, attaching no more than one (1) file of its Non-PRICE quote. For the Offeror's
PRICE quote, the Offeror shall complete Section 2.1, Price/Cost Info for Contractor. The Offeror’s quotation submission must
comply with all terms and conditions set forth in the RFQ to be considered responsible and acceptable. The Offeror shall clearly and
completely address all factors as required. Its response must be clear, concise, and specific; statements that its firm ‘understands the
requirement and will comply’ solely are not satisfactory.

The NON-PRICE section shall be in Microsoft (MS) Word or Adobe with no page limitation. Offeror shall ensure all sections are
clear and concise, logically assembled, indexed, and cross-indexed to the applicable part(s) of the RFQ and/or PWS as appropriate.
Offeror shall clearly identify and address Sections A through F of 2.0, QUOTATION CONTENT. Offeror shall review and complete
all applicable fill-in provisions & clauses which are: FAR 52.225-25, 52.204-17, 52.204-20, 52.204-24, 52.204-26, 52.209-7,
52.222-22, 52.223-22, ATF-50, ATF-55, and 52.212-3.

The PRICE quote (Section 2.1, Price/Cost Info for Contractor) shall be fully completed. The Offeror shall use no more than two-
(2-) digit, decimal places for all rates to avoid rounding discrepancies. The Offeror’s PRICE quote shall not include travel costs
although this requirement includes travel per the PWS since such will be reimbursed via DOJ's IAA.

2.0 QUOTATION CONTENT

VOLUME SECTION

Volume Section
Introduction & Other Documentation Section
1 Section A – Table of Contents and Introduction
Section B – Executive-Level Summary/Abstract & Corporate
Qualifications
Section C – Contractual Documents
Non-Price Section
1 Section D – Factor 1, Technical Experience & Capability
Section E – Factor 2, Past Performance
Section F – Factor 3, Personnel Qualifications
Price Section
Section 2.1, Price/Cost Info for Contractor (to be completd by Section G– Factor 4, Price
Offeror)

2.1(a) Section A – The Offeror shall include a Table of Contents for easy reference and an Introduction to clearly explain the
purpose of its quotation.

2.1(b) Section B – The Offeror shall include an Executive-Level Summary/Abstract and Corporate Qualifications, which should
highlight the benefits of the company and outline why ATF should choose its company's solution. Said summary shall include the
below:

• A signed letter formally transmitting the Offeror's quotation.


• The Offeror's name, address, email address, telephone number, data-universal-numbering-system (DUNS) number, unique-entity
identifier (UEI), and cage code (likewise for any corporate affiliate at which work is to be performed).
• The name, address, email address, telephone number of the person(s) with contractual authority who can answer questions, if any,
about the quotation.
15A00024Q00000056 Page 79 of 97

• A statement that the quotation is valid for 180-calendar days from the date established for receipt of quotations.

2.1(c) Section C – The Offeror shall include Contractual Documents (i.e., signed SF1449 for the original RFQ, signed SF30s for any
amendments, and fill-ins for provisions & clauses, as applicable). These documents shall be in an acrobat file, “.pdf”, and include the
printed name and signature of the official authorized to bind the company and sign documents and certifications.

1. The Offeror is cautioned to limit its uncompressed-efile size to 15MB or less and to clearly title the volumes and sections, to
include its name. The Offeror shall also include the following in the footer of each page of its quotation: Offeror’s name (no logos),
#15A00024Q00000056, volume #, section #, and page #. (Offeror shall use a uniformed-paragraph-numbering system.)

2. ATF will not consider exceptions to or alternative terms and conditions.

3. The Offeror is cautioned not to copy and paste directly from the PWS to address any factor as such may result in a flaw/material
failure of its quotation.

2.1(d) Section D – Factor 1, Technical Experience & Capability

The Offeror shall demonstrate its ability to provide all the required services addressed in the PWS.

NOTE: Since FAR 19.505 is applicable to this requirement, the prime offeror must perform at least 50% of the work and complete the
fill-ins for ATF clause, #ATF-50, accordingly.

2.1(e) Section E – Factor 2, Past Performance

The Offeror shall provide references for a maximum of three (3) contracts/orders with the Federal Government and/or commercial
customers that demonstrate recent and relevant past performance of similar scope, size, and complexity of services identified.
Offeror shall also provide the corresponding, finalized-evaluation report(s) from the Contractor Performance Assessment Reporting
System (CPARS), if available and applicable (work with federal government). If finalized-evaluation report(s) are not available,
interim reports can be submitted. Recent is defined as contract performance that occurred within three (3) years from the date
proposals are due. Relevant is defined as work similar in complexity, magnitude, and type of the work described in the PWS.

The Offeror shall instruct its references to submit Attachment A, Past and Present Performance Survey, for the submitted references
to the CS, Steven Jaimes via email (Steven.Jaimes@ATF.gov) if a CPARS cannot be obtained in order to meet the maximum
references needed.

The Offeror shall provide a detailed summary of the work performed for each past-performance reference submitted. Where possible,
ATF may interview each reference provided to verify project scope, dollar value, and obtain additional, past-performance information.
The Offeror shall provide telephone, fax, and email address for the points of contact (POCs) for the technical and contractual
personnel with each referenced project as well as a description of the referenced contract/purchase actions.

Contracts performed for the Department of Justice or other relevant law-enforcement agencies, depending on relevancy, may be
considered more significant in the evaluation.

If no record of past performance exists for the Offeror OR the Offeror has no recent and relevant past performance, then it shall
affirmatively state such in its quotation submission for this Factor.

2.1(g) Section F – Factor 3, Personnel Qualifications

The Offeror shall provide a resume(s) (no more than three {3} pages per proposed key personnel) that demonstrates the key personnel
meet or exceed the contractor qualifications identified in Section 5.0, CONTRACTOR QUALIFICATIONS, of the PWS.

Offeror shall ensure ALL resumes include either a Letter of intent or a signed resume by the candidate and the Offeror. Failure to do
so may result in a flaw that may result in an adjectival rating of “Unsatisfactory”.

Each resume must clearly state the below:

• a minimum of five (5) years of experience as a federal-government, crime-victim-service provider and as an instructor for
law-enforcement personnel on responding to and interviewing victims.
15A00024Q00000056 Page 80 of 97

• a minimum of five (5) years of experience providing federal, law-enforcement training on victim and witness assistance
and victims’ rights and services per the AGG.
• expertise in the field through continuing education, professional contacts, and networking.
• demonstrated knowledge of the DOJ’s AGG.
• experience responding to “real-world” crime-victim crises.
• experience utilizing DOJ’s VNS to provide federal, crime-victim notifications.
• experience conducting training for law-enforcement personnel.
• experience providing crime-victims services, as well as assisting and providing crime victims with mandated rights and
services.
• experience working with law enforcement in procuring logistical and financial resources to secure relocation as needed.
• experience working with victims of gang crimes, gun violence, mass causality, arson, and other violent crimes.
• experience developing and conducting workplace surveys and utilizing results to develop needed services.
• experience working independently and as a team player.
• training and experience required in providing crime-victim advocacy, crisis-response services.
• provide deployment support on limited notice when necessary/requested; deployment support may require travel
throughout the United States.

Per Section 19.0, BACKGROUND INVESTIGATION, the contractor must be able to conduct preliminary inquiries/checks for
personnel under this vehicle.

2.1(h) Section G – Factor 4, Price

The Offeror shall fully price out its quote, ensuring it considers and addresses all of ATF’s requirements. The Offeror shall submit a
quote that adds the total price and option year to the total price for the basic requirement. This includes the option year under the FAR
52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under 52.217-8 will be accomplished
by using the prices offerred ffor the last option period, which will be added to the base and other option years to arrive at the total
evaluated price. The Offeror shall propose fully burdened labor rates. The Offeror shall provide/include pricing discounts and /or price
reductions as applicable within the RFP. Its Price section must also contain sufficient and detailed information/material (i.e., labor
category/rates/hours) to allow the CO to perform an analysis of the proposed price of the work to determine price reasonableness.

5.1 Evaluation Criteria

1.0 EVALUATION METHODOLOGY

The Government will ensure all quotes received are fairly considered and an award is made to the responsible offeror(s) that are most
advantageous and propose the greatest-overall benefit (per the “best value” definition in FAR 2.101) to the Government IAW the basis
for selection stated within this RFQ. The Government will perform a comparative-analysis (comparing quotes/offers to each other) as
allowed in FAR subpart 13.106-2 to evaluate the timely and responsive quotations for this requirement, using the below, non-price
and price factors.

2.0 EVALUATION CRITERIA

The Government will evaluate said quotations in a simplified process (efficient and minimally-burdensome fashion) using
the below, evaluation criteria consisting of non-price factors and price factors.

• Factor 1: Technical Experience & Capability


• Factor 2: Past Performance
• Factor 3: Personnel Qualifications
• Factor 4: Price

The Government will determine which offerors propose the best value to the Government based on their demonstrated ability(ies)
and capability(ies) in relation to this requirement as well as their demonstrated feasibility of successful implementation of said
requirement.
The Government reserves the right to reject any quotation that’s non-compliant with the solicitation, unreasonable, or doesn’t
comprehend the complexity or risks associated with the work to be performed.”

2.0 GOVERNMENT'S APPROACH

Factor 1, Eligibility – Technical Acceptability


15A00024Q00000056 Page 81 of 97

The Government will evaluate whether the Offeror demonstrated its ability to provide all the required services addressed in the
PWS. To be found “Acceptable,” the Offeror’s quote must effectively demonstrate its knowledge, understanding, and technical
ability to successfully perform and manage the requirements of the PWS. The Offeror's demonstrated ability must meet/exceed the
specifications provided within this RFQ to be further considered for award.

The Government will use the below ratings for this factor to assess its level of confidence in the Offeror’s technical ability to
successfully fulfill/satisfy ATF’s requirement.

Rating Description
Acceptable Quote meets the minimum technical requirements of the RFQ.
Unacceptable Quote does not meet the minimum technical requirements of the
RFQ.

Factor 2, Past Performance


The Government will evaluate the Offeror's quote to determine the extent to which its performance demonstrates the likelihood of
successful performance in providing requirements similar in size, scope, and complexity to the PWS. The Government may choose
to evaluate publicly-available reports, and/or data from CPARS. The Government may use present- and/or past-performance data
obtained from a variety of sources, other than those dentified by the Offeror. The Government may use information gathered for past
performance in the responsibility determination.

The Government may consider the recent and relevant past performance of other companies when they are team members, affiliates,
or significant subcontractors, that will perform major or critical aspects of the requirement; however, the Offeror must clearly explain
how these other companies will be significantly involved in the proposed task order. Where possible, ATF may interview each
reference provided to verify project scope, dollar value, and obtain additional past performance information.

The Government may consider awards/contracts/task orders performed for the Department of Justice or other-relevant, law-
enforcement agencies more significant in the evaluation, depending on relevancy.

The Government will use the below Relevance and Confidence Ratings for this factor to assess its level of confidence in the Offeror’s
ability to successfully fulfill/satisfy ATF’s requirement. Recent is defined as contract performance that occurred within three
(3) years from the date proposals are due. Relevant is defined as work similar in complexity, magnitude, and type of the
work described in the PWS. If the offeror has no recent/relevant past performance, the Government will rate its proposal
as Neutral. The Offeror must clearly identify that it has no recent or relevant past performance in its proposal to be rated
Neutral.

Relevance Rating Description


VERY RELEVANT The Offeror's effort in its performance record inolved essentially
the same scope and magnitude of effort and complexities this RFQ
requires.
RELEVANT The Offeror's effor in its performance record involved similar
scope and magnitude of effort and complexities this RFQ requires.
SOMEWHAT RELEVANT The Offeror's effort in its performance record involved some of the
scope and magnitude of effort and complexities this RFQ requires.
NOT RELEVANT The Offeror's effort in its performance record involved little/none
of teh scope and magnitude of effort and complexities this RFQ
requires.

Confidence Rating Description


HIGH The Government has high confidence the Offeror will successfully
perform the required effort, based on its recent-and-relevant past
performance, with little or no Government intervention.
SOME The Government has some confidence the Offeror will
successfully perform the required effort, based on its recent-and-
relevant past performance, with some Government intervention
LOW The Government has low confidence the Offeror will successfully
perform the required effort, based on its recent-and-relevant past
performance, even with Government intervention
15A00024Q00000056 Page 82 of 97

NEUTRAL No recent and relevant past performance record is available or the


Offeror's past performance record is so sparse that no meaningful
confidence assessment rating can reasonably be assi

Factor 3, Personnel Qualifications

The Government will review and evaluate the submitted resumes of key personnel and determine if the key personnel meet or exceed
the CONTRACTOR QUALIFICATIONS of the PWS (Section 5) to perform the requirements of the PWS.

The Government will use the below Confidence Ratings for this factor to assess its level of confidence in the Offeror’s ability to
successfully fulfill/satisfy ATF’s requirement.

Adjectival Ratings Description


HIGH The Government has high confidence the Offeror's key personnel
are equipped and qualified to perform the requirement based on
the submitted resume(s).
SOME The Government has some confidence the Offeror's key personnel
are equipped and qualified to perform the requirement based on
the submitted resume(s).
LOW The Government has low confidence the Offeror's key personnel
are equipped and qualified to perform the requirement based on
the submitted resume(s).
NO CONFIDENCE The Government has no confidence the Offeror's key personnel are
equipped and qualified to perform the requirement based on the
submitted resume(s).

Factor 4, Price

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic
requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. The
Government will evaluate the options under 52.217-8 by using the prices offered for the last option period and adding such to the
base and option years to arrive at the total-evaluated price. Evaluations of options will not obligate the Government to exercise the
option(s).

ATF-43 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION UNDER ANY FEDERAL LAW OR
UNPAID DELINQUENT TAX LIABILITY (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a
contract, memorandum of understanding, or cooperative agreement with a corporation –

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of
the corporation and made a determination that this further action is not necessary to protect the interests of
the Government; or

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware
of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and
made a determination that this further action is not necessary to protect the interests of the Government.

(b) By submitting a response to this solicitation, the vendor/offeror represents that, as of the date of this offer –

(1) the vendor/offeror is not a corporation convicted of a felony criminal violation under any Federal or State
law within the preceding 24 months; and,
15A00024Q00000056 Page 83 of 97

(2) the vendor/offeror is not a corporation that has any unpaid Federal or State tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability.

(End of Provision)

ATF-44 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS PROHIBITING OR


RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE (DEVIATION 2015-02) (March 2015)

None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a
contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to
report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting
such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information. By submitting
a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor
seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise
restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or
law enforcement representative of a Federal department or agency authorized to receive such information.

(End of Provision)

ATF-50 LIMITATIONS ON SUBCONTRACTING UNDER SMALL BUSINESS SET-ASIDES (May 24, 2019)

In conjunction with the requirements of FAR 52.219-14, Limitations on Subcontracting, contractors shall certify the level of
subcontracting proposed, prior to award of any portion of the contract set-aside or partially set-aside for a small business or 8(a)
participant. Contractors shall also certify the level of subcontracting actually achieved prior to exercising any option period.

(Offerors shall indicate “N/A” for lines that are Not Applicable.)

1) Services (except construction). Offeror's/Contractor's proposed contract performance for its personnel shall be: _________ (must
be at least 50%).

2) Supplies (other than procurement from a non-manufacturer of such supplies). Offeror's/Contractor's proposed contract
performance for its cost of manufacturing the supplies, excluding the cost of materials shall be: _________ (must be at least 50%).

3) General construction. Offeror's/Contractor's proposed contract performance, excluding the cost of materials, with its own
employees shall be: _________ (must be at least 15%).

4) Construction by special trade contractors. Offeror's/Contractor's proposed contract performance, excluding the cost of materials,
with its own employees shall be: _________ (must be at least 25%).

(End of Clause)

ATF-51 INDEPENDENT CONTRACTOR (March 9, 2021)

The relationship of the Contractor to the Government is that of an independent contractor. Nothing herein shall be
construed to create any relationship of employer and employee, agent and principal, partnership or joint venture between
the Parties.

(End of Clause)

ATF-52 INDEMNIFICATION CLAUSE (May 2021)

Each Party shall assume the responsibility and liability for the acts and omissions of its own employees or agents in connection with
the performance of their obligations under this contract that are executed within the scope of their employment, including claims
for injury, loss or damage to personal property or death, except in the case of the federal Government, liability shall be determined
15A00024Q00000056 Page 84 of 97

pursuant to the Federal Tort Claim Act (FTCA – 28 U.S.C. § 1346). Contractor hereby agrees to indemnify, defend and hold the
federal Government harmless from any loss, liability, costs or damages arising from actual or threatened claims or causes of action
resulting from breach of any of its representations, warranties or covenants herein or the negligence, gross negligence or intentional
misconduct of Contractor's respective officers, directors, employees, agents, contractors, members or participants etc. (as applicable).

(End of Clause)

52.212-3 Offeror Representations and Certifications-Commercial Products and


Commercial Services (Feb 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations
and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If
the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only
paragraphs (c) through (v) of this provision.

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

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on
Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is
at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which
are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in
accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance
with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which
the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished
by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls
one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level
owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include,
but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among
family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic
corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;


15A00024Q00000056 Page 85 of 97

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made
or processed from raw materials into the finished product that is to be provided to the Government. If a product is
disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral
extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan
Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business
operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007)
conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the
Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian
organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority
to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C.
1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case
of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled
veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or,
in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such
veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart
19.14).
15A00024Q00000056 Page 86 of 97

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability
that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and
Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans
Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an
SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small
Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA
on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers
to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of
operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the
power to control the others, or a third party or parties control or have the power to control the others. In determining
whether affiliation exists, consideration is given to all appropriate factors including common ownership, common
management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the
size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13
CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2)
after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals,
who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the
predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/
divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor
for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.
15A00024Q00000056 Page 87 of 97

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in
the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose
management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),
means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management
and daily business operations of which are controlled by, one or more women who are citizens of the United States, and
the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this
provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through
http://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of this offer that the
representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and
Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are
current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the
NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by
reference (see FAR 4.1201), except for paragraphs _______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the
purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and
complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or
services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in
accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It __ is, __ is not a small business concern; or

(ii) It __ is, __ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13
CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:
_________________________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it __ is, __ is not a veteran-owned small
business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in
paragraph (c)(2) of this provision.] The offeror represents that it __ is, __ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it __ is, __ is not
an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.
[Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror
shall enter the name and unique entity identifier of each party to the joint venture: _______________.]
15A00024Q00000056 Page 88 of 97

(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents, that it __ is, __ is not a small disadvantaged business concern
as defined in 13 CFR 124.1002.

(6) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it __ is, __ is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it __ is, __ is not a joint venture
that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity
identifier of each party to the joint venture: _________________________.]

(i) It __ is, __ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; or

(ii) It __ is, __ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror
shall enter the name and unique entity identifier of each party to the joint venture: _______________.] Each WOSB
concern eligible under the WOSB Program participating in the joint venture shall provide representation of its WOSB
status.

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it __
is, __ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter
the name and unique entity identifier of each party to the joint venture: _______________.]

(i) It __ is, __ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no
change in circumstances or adverse decisions have been issued that affects its eligibility; or

(ii) It __ is, __ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror
shall enter the name and unique entity identifier of each party to the joint venture: _______________.] Each EDWOSB
concern participating in the joint venture shall provide representation of its EDWOSB status.

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed
the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned
business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The
offeror represents that it __ is a women-owned business concern.

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify
the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier
subcontractors) amount to more than 50 percent of the contract price: ___________________________________

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It __ is, __ is not a HUBZone small business concern listed, on the date of this representation, as having been certified
by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to
maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone
contract (see 13 CFR 126.200(e)(1)); and

(ii) It __ is, __ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: _______________.] Each
HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone
status.

(d) Representations required to implement provisions of Executive Order 11246--

(1) Previous contracts and compliance. The offeror represents that--


15A00024Q00000056 Page 89 of 97

(i) It __ has, __ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this
solicitation; and

(ii) It __ has, __ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It __ has developed and has on file, __ has not developed and does not have on file, at each establishment, affirmative
action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It __ has not previously had contracts subject to the written affirmative action programs requirement of the rules and
regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract
is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief
that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a
Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under
the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract,
the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide
the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom
payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American--
Supplies, is included in this solicitation.)

(1)(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end
product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify
as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or
a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic
content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see
FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end
product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-
Supplies."

(2) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic


content (yes/no)
_________________________ _________________________ _________________________
_________________________ _________________________ _________________________
_________________________ _________________________ _________________________
[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. _________________________.

[List as necessary]

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
15A00024Q00000056 Page 90 of 97

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3,
Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i)(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a
domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical
component.

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf
(COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement
country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the
clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini,
Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this
solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End
Products) or Israeli End Products:

Line item No. Country of origin


_________________________ _________________________
_________________________ _________________________
_________________________ _________________________
[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of
this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade
Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do
not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron
or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent
domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select
"no".

Other Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic


content (yes/no)
_________________________ _________________________ _________________________
_________________________ _________________________ _________________________
_________________________ _________________________ _________________________
[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR
25.105).

Line Item No. _________________________

[List as necessary]

(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR
52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
provision:

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation
entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Israeli End Products:


15A00024Q00000056 Page 91 of 97

Line item No.


_________________________
_________________________
_________________________
[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at
52.225-3 is included in this solicitation, substitute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii) for paragraphs (g)(1)(i)
(B) and (g)(1)(ii) of the basic provision:

(g)(1)(i)(B) The terms "Korean end product", "commercially available off-the-shelf (COTS) item," "critical component,"
"domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement
country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy
American-Free Trade Agreements-Israeli Trade Act."

(g)(1)(ii) The Offeror certifies that the following supplies are Korean end products or Israeli end products as defined in the
clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Korean End Products or Israeli End Products:

Line item No. Country of origin


_________________________ _________________________
_________________________ _________________________
_________________________ _________________________
[List as necessary]

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this
solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or
designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end
products.

Other End Products:

Line item No. Country of origin


_________________________ _________________________
_________________________ _________________________
_________________________ _________________________
[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items
covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without
regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or
designated country end products unless the Contracting Officer determines that there are no offers for such products or
that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected
to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror
and/or any of its principals--

(1) __ Are, __ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of
contracts by any Federal agency;

(2) __ Have, __ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
15A00024Q00000056 Page 92 of 97

or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes
relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) __ Are, __ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with,
commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) __ Have, __ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in
an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally
determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the
liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax
liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is
precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek
Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the
taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been
issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting
the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the
hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity
to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court
review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely
payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not
currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is
stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting
Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of
Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed end product Listed countries of origin


_________________________ _________________________
_________________________ _________________________
_________________________ _________________________

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this
provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

__ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that product.

__ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith
15A00024Q00000056 Page 93 of 97

effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end
product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use
of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end
products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it
expects to provide in response to this solicitation is predominantly--

(1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United
States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) __ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by
the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its
subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph
(k)(1) or (k)(2) applies.]

__ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror __ does
__ does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes
and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to
the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR
22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will
be the same as that used for these employees and equivalent employees servicing the same equipment of commercial
customers.

__ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror __ does __ does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by
the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the
course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see
FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her
time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of
available hours during the contract period if the contract period is less than a month) servicing the Government contract;
and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the
same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies--

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a
Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as
soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in
paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this
clause.
15A00024Q00000056 Page 94 of 97

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to
provide this information to the SAM to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt
collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M,
and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's
relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting
requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

__ TIN: ___________________________________.

__ TIN has been applied for.

__ TIN is not required because:

__ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively
connected with the conduct of a trade or business in the United States and does not have an office or place of business or
a fiscal paying agent in the United States;

__ Offeror is an agency or instrumentality of a foreign government;

__ Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

__ Sole proprietorship;

__ Partnership;

__ Corporate entity (not tax-exempt);

__ Corporate entity (tax-exempt);

__ Government entity (Federal, State, or local);

__ Foreign government;

__ International organization per 26 CFR 1.6049-4;

__ Other ___________________________________.

(5) Common parent.

__ Offeror is not owned or controlled by a common parent;

__ Name and TIN of common parent:

Name ___________________________________.

TIN ___________________________________.

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not
conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations.


15A00024Q00000056 Page 95 of 97

(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with
either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at
9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(2) Representation. The Offeror represents that--

(i) It __ is, __ is not an inverted domestic corporation; and

(ii) It __ is, __ is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.

(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3)
of this provision, by submission of its offer, the offeror--

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the
government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the
government of Iran;

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which
sanctions may be imposed under section 5 of the Iran Sanctions Act; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any
transaction that exceeds the threshold at FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials,
agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at
https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if--

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products.

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a
requirement to have a unique entity identifier in the solicitation.

(1) The Offeror represents that it __ has or __ does not have an immediate owner. If the Offeror has more than one
immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3)
of this provision for each participant in the joint venture.

(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:

Immediate owner CAGE code:


______________________.

Immediate owner legal name:


______________________.
(Do not use a "doing business as" name)

Is the immediate owner owned or controlled by another entity: __ Yes or __ No.

(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or
controlled by another entity, then enter the following information:

Highest-level owner CAGE code:


15A00024Q00000056 Page 96 of 97

______________________.

Highest-level owner legal name:


______________________.
(Do not use a "doing business as" name)

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act,
2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not
enter into a contract with any corporation that--

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency
has considered suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the
corporation and made a determination that this action is not necessary to protect the interests of the Government.

(2) The Offeror represents that--

(i) It is __ is not __ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to
an agreement with the authority responsible for collecting the tax liability; and

(ii) It is __ is not __ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding
24 months.

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)

(1) The Offeror represents that it __ is or __ is not a successor to a predecessor that held a Federal contract or grant
within the last three years.

(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors
that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological
order):

Predecessor CAGE code:


______________________ (or mark "Unknown")

Predecessor legal name:


______________________
(Do not use a "doing business as" name)

(s) [Reserved].

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors
to register in SAM (12.301(d)(1)).

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior
Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards
in the prior Federal fiscal year.

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through
its immediate owner or highest-level owner) __ does, __ does not publicly disclose greenhouse gas emissions, i.e.,
makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with
15A00024Q00000056 Page 97 of 97

an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol
Corporate Standard.

(ii) The Offeror (itself or through its immediate owner or highest-level owner) __ does, __ does not publicly disclose a
quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to
reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas
emissions reporting program.

(3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall
provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:
_______________.

(u)(1) In accordance with 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), Government agencies are not permitted to use appropriated (or otherwise made available) funds
for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or
abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or
subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement
representative of a Federal department or agency authorized to receive such information.

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form
312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure
Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified
information.

(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or
subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting
such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a
Government contract to a designated investigative or law enforcement representative of a Federal department or agency
authorized to receive such information (e.g., agency Office of the Inspector General).

(v) Covered Telecommunications Equipment or Services-Representation. Section 889(a)(1)(A) and section 889 (a)(1)(B)
of Public Law 115-232.

(1) The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://
www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or
services".

(2) The Offeror represents that--

(i) It __ does, __ does not provide covered telecommunications equipment or services as a part of its offered products or
services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(ii) After conducting a reasonable inquiry for purposes of this representation, that it __ does, __ does not use covered
telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications
equipment or services.

(End of provision)

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