PART I – THE SCHEDULE
SECTION B – SUPPLIES/SERVICES/PRICES
- The Contractor shall furnish all resources necessary to provide Translation, Interpretation, Transcription, and other Linguistic Support Services (herein referred to as language services) to the Department of Justice (DOJ or the Department) on a fixed unit price, indefinite delivery/indefinite quantity basis as defined herein.
- The proposed contract is expected to include a base period and four (4) option periods as described in Table 1 below. The start date for the Base Period and the end date for Option Period 4 will be adjusted to reflect the actual contract effective and completion dates. See Section F.1 for complete contract term and option information.
|Table 1 – Contract Term|
|Option Period 1||8/01/24||Through||7/31/25|
|Option Period 2||8/01/25||Through||7/31/26|
|Option Period 3||8/01/26||Through||7/31/27|
|Option Period 4||8/01/27||Through||7/31/28|
- The anticipated date of award for the proposed contracts is August 1, 2023. Full performance of the contracts is expected to commence by October 1, 2023. The current contracts expire on July 31, 2023. Because the continuing provision of services is essential to continuity of the program, it is critical that contract start-up is accomplished in a well-planned, orderly, and efficient manner using the Transition Plan provided by the Contractor in accordance with Section L.3.2.2 of the solicitation.
- The performance of all work under this contract shall be initiated by the issuance of task orders by the Contracting Officer as discussed in Section H.2.
B.2 Minimum and Maximum Amounts
- The estimated annual quantities (i.e., volumes for all contracts combined) for each contract line item number (CLIN) are contained in the Unit Price Tables of this Solicitation (Attachment 1). Those quantities represent the Government’s best estimate of language service requirements as it relates to contract support and do not necessarily represent actual or budgeted/funded needs. There is no guarantee that the estimates for each CLIN/contract period as contained in the Solicitation will accurately reflect actual quantities ordered in the performance of the contracts awarded under this Solicitation.
- The Government will order a minimum amount of $25,000.00 for every contract awarded. The Government will have the entire term of the contract (to include all options) to fulfill the contract minimum. The specific CLINs and quantities will be identified in the task/work orders issued under each contract. The exercise of the renewal options (see Section F.1) does not re-establish the contract minimum. During the life of this contract, the Government may order items in any quantity up to the maximum amount specified in paragraph (c) below. If the minimum amount has not been ordered then the Government will exercise the option for the next year.
- There are no maximum quantities or amounts for each individual CLIN, task order, work order, contract period, or contract. The maximum aggregate amount of all task orders issued under the Language Services contract shall not exceed $40,000,000 for the entire term of the contracts, including all options that may be exercised.
B.3.1 Pricing Table
- All contract unit prices and multipliers (applied to other direct cost items) shall be as specified in the pricing table contained in Attachment 1. The basic CLIN structure includes individual pricing tables segregated by contract period and the type of service. Each CLIN includes a one-digit prefix and a five-digit core number. The one-digit prefix of each CLIN represents the contract period, i.e., for the Base Period, the first digit for all CLINs is “0,” for Option Period 1, the first digit for all CLINs is “1,” and so forth. The first two digits of the core number represent the Supplies/Services CLIN series, i.e., “-01” indicates Source Material Review and Summarization; “-02” indicates Translation/Routine Rates, “-03” indicates Translation/Rush Rates, and so forth. The remaining three digits are reserved as the “unique identifier” within that particular Supplies/Services CLIN series.
- Program Management Office (PMO) is that support required under Section C.4.1. All PMO related costs shall be recovered through the Contractor’s fully loaded direct labor rates included in the Attachment 1 pricing table. These costs are not separately billable under the contract or any task order.
- The contract unit prices included in the pricing table shall be firm fixed priced. All firm fixed unit prices must be fully loaded to include all costs (both direct and indirect costs) and profit necessary to provide the required product or level of service specified under this contract.
- Other Direct Costs (ODC) are classes or categories of supplies or services which are not included in the unit price of the support service CLINs but are required to complete a given task order.
- A Multiplier is the factor (fixed unit price) to be applied against the actual cost of an ODC item to cover administrative handling expenses. Attachment 1 includes categories of costs that are considered allowable ODCs for task orders. The Government will use this table to authorize and track actual ODC expenditures. The fixed multiplier for each ODC CLIN includes all administrative handling costs associated with the CLIN. The multiplier is to be applied against the actual cost of the item for which reimbursement has been authorized. The billable amount shall be limited to the actual cost of the item plus the amount resulting from the application of the appropriate multiplier identified in the table (e.g., actual cost of item is $100.00, and multiplier for the CLIN is 1.02, the total billable amount is $102.00). For subcontracted items/services, the multiplier shall only be applied one time. For example, a subcontractor might be required to travel. It is not permissible for the subcontractor to apply a markup to the travel costs in billing the prime contractor, and then for the prime contractor to apply another markup when billing the Government. The multiplier may only be applied once and must be applied to the original cost of the item.
- The appropriate fixed unit rates and the ODC multipliers shall apply for the duration of the contract period, except when the period of performance of a task crosses a contract year and the Government has exercised its option to extend the overall contract. In these cases, the then current year contract rates/multipliers shall apply for the task order performance occurring during that contract year.
- A task order may include any combination of unit pricing to appropriately reflect the requirements, conditions, and constraints.
- As a general rule, local travel expenses will not be reimbursed under this contract. Examples of local travel that will not be subject to reimbursement are travel to and from normal job site and supervisory personnel traveling to a Government site or alternative facility to oversee operations. Personnel temporarily working at a Government site or alternative facility will consider such facility his/her normal job site.
- Reimbursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with Part 31 of the Federal Acquisition Regulations (FAR). The FAR, Federal Travel Regulations (FTR) and current per diem rates can be accessed through the U.S. General Services Administration portal found at: www.gsa.gov.
- All approved travel shall be directed by individual task/work order and shall be invoiced against only the specific task/work order directing said travel.
- All reimbursable long-distance travel shall be approved in advance by the COR. Reimbursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with Part 31.205-46 of the FAR. Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor must submit (to the COR) a request for advance approval to utilize higher-class travel. All travel should be scheduled sufficiently in advance to be able to take advantage of offered discount rates. The Government encourages advance airfare purchases to take advantage of supersaver discounts. If the trip is canceled or travel dates are changed due to the Government’s action, the Government will, absent special circumstances, pay airline cancellation charges or airline charges for changes in the travel dates.
SECTION C – STATEMENT OF WORK
- The Department of Justice (DOJ) has a requirement for language services to support the Criminal Division. Other DOJ components may also use contracts awarded under this solicitation. Language services include translation, interpretation, transcription, source material review and summarization, and any other linguistic support activities in support of DOJ objectives and programs. Such activities may include the translation of all manner of documents (written and electronic) and video and/or audio media content (e.g., compact discs, .wav files), as well as ancillary services, such as court and deposition interpretation. Source material will contain legal, business, public administrative, medical, scientific, financial, historical, geographical, and military terminology, and concepts, including those dealing with technology as used in the sciences (chemical, physical, cyber). The specialized terminology used to express concepts in any of the given subject areas usually vary considerably from everyday usage in any of the target or source languages in question.
- The Contractor must furnish all resources necessary for summarizing, translating, editing, and transcribing written, audio, or video material from foreign languages into grammatically correct English and from English into grammatically correct foreign languages on an as-needed basis as specified herein. Additionally, the Contractor must provide any equipment necessary for simultaneous and/or conference interpreting, which may include portable transmitters and receivers, headsets, and booths. As the Contractor is considered an independent expert, the Contractor must provide certifications, admissible in court, as to truth and accuracy of the translation, and certify the accuracy of all products, unless otherwise stipulated in this contract. Attachment 2 is the certification format to be used. For translations into languages other than English, such as extraditions or other diplomatic correspondence, the Contractor shall provide this certification statement translated into the target language and include that as part of the total word count.
- The material to be translated, transcribed, or interpreted is legal in nature. Materials may be provided to the Contractor in a variety of formats, including electronic or hard copies of books, journal articles, reports, manuscripts, letters, legal documents, memoranda, multi-media presentations, spreadsheets, email correspondence, SMS and MMS messages, and audio or video files. The substance of the materials may vary widely from highly complex, technical, and specialized information, to very informal, street language and textspeak. Examples of subject matter areas include: medical and autopsy reports; chemical lab reports; bank statements, cryptocurrency transaction tracking, and wire transfers; charging documents, warrants, treaties, statutes, regulations, court decisions, executive decisions, extradition requests, and mutual legal assistance requests; informal communications using coded language, highly time-sensitive treaty or extradition matters, and law enforcement sensitive information.
- All of the material made available to the Contractor will be considered “sensitive,” requiring that strict controls and confidentiality measures are in place at all times. All Contractor personnel are subject to the Security Requirements specified herein and must sign and abide by the Confidentiality Agreement contained in Attachment 3.
- The Department of Justice, Criminal Division, develops, enforces, and supervises the application of all Federal laws except those specifically assigned to other divisions. In addition to its direct litigation responsibilities, the Division formulates and implements criminal law enforcement policy and provides advice and assistance to Offices of United States Attorneys, other components of the Department of Justice, such as litigating divisions to include the Civil Rights Division, Civil Division, Environment and Natural Resources Division, Tax Division, Antitrust Division, and National Security Division; Federal law enforcement agencies, such as the Federal Bureau of Investigation and Drug Enforcement Administration; and Departmental program and administrative components, such as the Office of Justice Programs, Office of Inspector General, and the Executive Secretariat of the Office of the Attorney General; as well as to state and local government agencies.
- Any of these other components may require language services under the terms of this contract, which will be centrally administered by the Criminal Division, Office of Administration. For all DOJ components, Requests for Services will be approved by and invoiced to the Office of Administration, at the request of the initiating office and under the supervision of a Contracting Officer’s Representative (COR). At the request of the Executive Officer, Criminal Division, for Sections or Offices with high-volume or specialized translations needs, the Contracting Officer may designate Ordering Officials to issue work orders to request and accept work for that Section or Office.
C.3 Scope of Contract
This contract is available for use by the Department of Justice on an indefinite delivery/indefinite quantity task order basis to obtain language services as defined herein. Performance under this contract may be provided anywhere in the United States and its territories, to include virtually via web-based videoconferencing platforms. Depending on the nature of the assignment, work may be performed at the contractor site or at a site designated by the Government, which may include locations outside the United States.
C.4 Statement of Work
C.4.1 Program Management
- The Contractor’s program management office shall be located within the Washington, D.C. metropolitan area, including the necessary resources (management, technical, and financial) needed to support this contract.
- The Contractor’s Program Manager shall be responsible for technical and administrative performance of all services required hereunder. The Program Manager shall be the single point of contact through which all Contractor/Government communications, work, and technical direction shall flow. The Program Manager shall receive and execute, on behalf of the Contractor, all orders for work and technical direction as the COR and authorized ordering officials may issue within the terms and conditions of the contract. All administrative support of Contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the Contractor.
- The Contractor shall provide all management, administration, staffing, planning, scheduling, equipment, procuring, and storage necessary to provide the services required by the contract and/or task/work order. Program management support to be provided by the Contractor shall include the following items:
- Supervision of its contract personnel and consistent and timely management of the services to be provided under this contract.
- All activities associated with recruiting and hiring staff, such as screening applicants (to include security approval and clearance requirements), interviewing, reference checking, skill set testing.
- Maintaining “in-house” skills, teaming and/or subcontract arrangements to ensure that personnel with the requisite experience, skills and knowledge are available on short notice and subject to legal deadlines.
- Accepting, tracking, and managing all task orders and work orders issued.
- Planning, scheduling, and procuring airfare, lodging accommodations, and ground transportation for all approved travel by Contractor personnel. Ensuring that invoiced travel costs are itemized in accordance with the Government travel regulations in effect at the time of travel.
- Assembling billing data and billing back-up materials, including all time and materials needed for preparing any responses to Government billing rejection notifications. Generating, distributing, and tracking invoices, including generating reports and responding to inquiries regarding invoice status, tracking which deliverables and/or units have been invoiced and which have not.
- Tracking and reporting on Government furnished materials. The Contractor is responsible for adequate care and safekeeping of all Government furnished materials, including inventorying, safeguarding, tracking, and reporting.
- All activities associated with managing subcontractors/team members, such as identifying and qualifying them, negotiating subcontracts, reviewing invoices, ensuring compliance with the security and other requirements of this contract
- Implementing and maintaining quality assurance and quality control systems to ensure that all contract and task/work order requirements are met throughout the term of the contract.
C.126.96.36.199 Employee Qualifications and Conduct
- Translator. The Contractor shall supply translators in the languages specified by the Government who possess a minimum of two (2) years of experience in translation. Qualifying scores (defined as Interagency Language Roundtable (ILR) scale 3 minimum) on language/translation tests administered by the FBI, other Government agencies, or qualified professional organizations will be considered in assessing qualifications.
A qualified translator must:
- Know both English and foreign language vocabularies used in formal, legal, diplomatic, consultative, and casual modes of communication in various contexts, including colloquial slang, idiosyncratic slang, and regionalisms;
- Know specialized vocabulary (and terminology) in both English and the foreign language related to the Government’s varied roles and missions, as well as possess research and analytical skills to make critical judgments regarding terminology, including expertise in the use of translation resources, monolingual reference materials, and online material;
- Write in their native language fluently, but still have professional command of the non-native language;
- Translate in a manner that is factually and conceptually accurate without changes, omissions, or additions;
- Preserve the tone and register of source language materials; and
- Abide by relevant code of linguist ethics (Attachment 4).
The Government reserves the right to examine at any time the qualifications of new translator(s) to assess their suitability and to review the qualifications of any translator(s) to be assigned work under this contract.
- Reviewer/Editor/Certifier. The Contractor shall supply as many reviewers/editors/certifiers as needed to adequately address the workload. In addition to the qualifications listed in numerals 1-6 above for translators, the reviewers/editors/certifiers shall possess a broad academic background and/or experience. To meet the minimum standard, reviewers/editors/certifiers must have a minimum of five (5) years’ experience accumulated within the past ten years in languages required in the Statement of Work along with superior skills in English and editing. Qualifying scores (defined as ILR scale 4 minimum or equivalent) on language/translation tests, such as those administered by the FBI, other Government agencies, or qualified professional organizations will be considered in assessing qualifications. It must be noted that while individuals may serve in multiple roles under this contract, they cannot serve as reviewer/editor of their own translation work product. Since the Government does not have internal resources for every language required, reviewers/editors/certifiers play a critical role in ensuring all deliverables the Government receives are of highest quality. As such, the reviewers/editors/certifiers will be designated as key personnel in Section H of this contract. If the reviewers/editors/certifiers assigned hereunder must be replaced, any such substitution must meet or exceed the requirements set forth in this paragraph.
- Interpreters. The Contractor shall confirm its acceptance of a work order and ability to supply interpreters with specialized training in the interpreting field and/or extensive experience in court or legal environments in the languages specified in Section C.4.2 within three (3) hours of written request in the form of a work order from of the Government. It is critical that the interpreters be competent and qualified. To meet the minimum standard, interpreters must possess at least four (4) years of experience in language interpretation in the mode required by the assignment. Qualifying scores (defined as ILR scale 3 minimum or equivalent) on language/interpreting tests administered by the FBI, Department of State, other Government agencies, or qualified professional organizations will be considered in assessing qualifications.
A qualified interpreter must:
- Know both English and foreign language vocabularies used in formal, legal, and diplomatic, consultative, and casual modes of communication in various contexts, including colloquial slang, idiosyncratic slang, and regionalisms;
- Know specialized vocabulary (and terminology) in both English and the foreign language related to the Government’s varied roles and missions;
- Speak in English and foreign language fluently, including regionalisms and colloquial slang without altering meaning;
- Interpret in a manner that is factually and conceptually accurate without changes, omissions, or additions;
- Preserve the tone and register of original oral statement; and
- Abide by relevant code of linguist ethics (Attachment 4).
The Government reserves the right to examine the qualifications of new interpreters to assess their suitability and to review the qualification of any interpreter(s) to be assigned work under this contract at any time.
- Transcribers. The Contractor shall supply transcribers in the languages specified by the Government who possess a minimum of three (3) years of experience in transcribing. Qualifying scores (defined as ILR scale 3 minimum or equivalent in listening, comprehension, and writing) on language/translation tests administered by the FBI, other Government agencies, or qualified professional organizations will be considered in assessing qualifications.
- The Government reserves the right to require the Contractor to remove from performance on this contract any Contractor employee(s) who is deemed incompetent, careless, unsuitable, or otherwise objectionable, or whose continued use under the contract is deemed contrary to the best interests of the Government.
- The Contractor shall remove any employee from performance of contract work within five (5) working days of receiving notice from the Contracting Officer that the employee’s performance is unsatisfactory. The Contractor shall immediately remove any Contractor employee found to represent a threat to the safety of government records, government employees, or other Contractor employees. In instances where the removal of an employee is for substandard performance or behavior negatively impacting delivery of services, the Contractor will be given an opportunity to address the situation prior to removing the employee.
C.188.8.131.52 Training of Contractor Staff
- The Contractor shall be responsible for providing trained, experienced staff for performing the work ordered under this contract, and for continuously monitoring, managing, and controlling the work. The Contractor shall make its best efforts to retain staff members who have gained experience on this contract, and to minimize staff turnover.
- The Contractor shall ensure that personnel assigned work on this contract are knowledgeable of contract-specific issues such as confidentiality and DOJ security requirements. In addition, Contractor managers shall be educated in the terms and conditions of the contract. The CO and COR will meet with the contractor management personnel upon successful award to review these requirements and provide any necessary documentation.
C.184.108.40.206 Conflicts of Interest
- The Contractor shall ensure, except as otherwise set forth in this contract, that individuals assigned work under this contract do not have any conflict of interest as defined in paragraph (b) below.
- Any condition that interferes with the objectivity of the linguist constitutes a conflict of interest. The linguist must disclose to the Contractor and the Government any prior involvement with Government cases or matters, whether personal or professional, that could be reasonably construed as a conflict of interest. This disclosure shall not include privileged or confidential information. The following circumstances are presumed to create actual or perceived conflicts of interest for the linguist, and therefore the Contractor and linguist must declare the conflict of interest before accepting a translation or interpretation assignment from the Government:
- The linguist or Contractor is a friend, associate, or relative of a party or counsel for a party involved in the assigned Government case or matter;
- The linguist or Contractor has served in an investigative capacity in the assigned Government case or matter, for any party involved in the case or matter;
- The linguist or Contractor has previously been retained by a law enforcement agency to assist in the preparation of the Government case or matter at issue;
- The linguist, linguist’s spouse or child, Contractor, or Contractor’s spouse or child has a financial interest in the subject matter in controversy or in a party to the proceeding or any other interest from which the linguist or Contractor may benefit from, that would be affected by the outcome of the case;
- Upon discovery of a conflict of interest, the Contractor and/or linguist shall a make an immediate and full disclosure in writing to the COR/ACOR/Ordering Official, which shall include a description of the action that the Contractor has taken or proposes to take to avoid, eliminate, or neutralize the conflict. In such cases, the Government may reassign work order if it would be in the Government’s best interests.
C.4.1.2 Security Clearances
- Each employee of the Contractor working under this contract must clear the security clearance requirements with a favorable outcome before beginning work under the contract (see Section H.7).
- The Contractor is responsible for screening all prospective employees for suitability for work on this contract, including credit check screening.
- The Contractor shall maintain an up-to-date database of all personnel that have been subject to the security clearance requirements of this contract. At a minimum, the database shall include the full name, position, location, language capabilities, skill set, date forms submitted to COR, date clearance granted/denied, and clearance type. All information in the database shall be made available to the COR or CO annually, or as updated by the Contractor.
C.4.1.3 Quality Control
- The Contractor shall be solely responsible for the quality of services provided. The nature of the work to be performed under this contract demands accuracy, and therefore the Contractor is expected to thoroughly review all final deliverables for errors and/or omissions. The Contractor shall also be liable for Contractor employee negligence, and any fraud, waste, or abuse.
- The Contractor shall perform quality control pursuant to the Quality Assurance Plan originally submitted in its pre-award proposal. The Contractor shall maintain and update its Quality Assurance Plan as necessary but at a minimum on an annual basis before the option period. However, any changes to the plan must be approved by the Government before being implemented.
- For quality control purposes, the Government may verify the qualifications of any interpreter, translator, or transcriber.
- In the event that the Contractor delivers translations or transcriptions, otherwise considered to be on-time, but found to contain errors and/or omissions, the Government will consider the translation or transcription to be a Late Delivery, and the penalties outlined in Section F.8.3 will begin to accrue. For products returned to the Contractor for corrections, daily penalties will accrue until the Contractor returns a clean deliverable, free of errors and/or omissions. If time constraints prevent the Government from returning the document to the Contractor for correction, the maximum penalty for Late Delivery will apply.
C.4.1.4 Performance Evaluation Meetings
- Performance evaluation meetings shall be held quarterly during the contract performance period, or more frequently if agreed to by the COR and the Contractor. Performance evaluation meetings will initially be required on a daily basis, and then, upon determination by the COR and notice to the Contractor, on a weekly basis, during the transition period and initial implementation.
- The Contractor shall be prepared to discuss contract performance at these performance evaluation meetings. These meetings shall be conducted as specified by the COR. Meetings will be held during hours that are mutually agreeable between the COR and the Contractor. At a minimum, attendees at these meetings shall include the Contractor’s Program Manager and the COR. A mutual effort will be made to resolve any problems which arise during the performance of the contract. Written minutes of these meetings shall be prepared by the Contractor for the COR’s approval.
- The Contractor shall prepare and deliver a monthly report to the COR. The report is required by the Government to effectively manage this contract and may be modified by the Government for new or additional information. The Contractor shall submit the required report to the COR by the 10th of each month following the applicable reporting period. The Contractor shall deliver the reports to the COR via electronic messaging. Program format instructions will be provided by the COR after consultation with the Contractor. The Contractor shall design all required reports; however, the reports must be coherent and directly related to the Contractor’s approved invoice system and human resource management system. The Government will approve the Contractor’s proposed reporting format(s).
- At a minimum, the report shall include the following information:
- Task order number, date, and amount;
- Work order number, date, amount, and status (for all work orders issued);
- Discussion of problems encountered during reporting period. Describe the problem, action taken, status of problem, e.g., resolution, pending action by whom, possible solution;
- Linguists pending DOJ security approval; and
- Cumulative invoiced amounts to date by CLIN.
C.4.2 Language Requirements
- The Contractor may be required to perform services from a variety of the foreign languages, as specified below, into English and from English into the foreign languages. The Contractor shall have proficiency to provide services into and out of the languages listed below, as well as review and editing functions for projects encompassing those languages.
- The Contractor is responsible for recruiting sufficient qualified linguists able to obtain the required security approval to staff all categories of language services for the required languages listed below. Throughout the performance of the Contract, the Contractor and the Government will reassess the Contractor’s staffing levels as a minimum at quarterly performance meetings. The Government reserves the right to require the Contractor to recruit additional linguists in the required languages if it is determined that the current staffing levels are not responsive to the Government’s actual needs.
- Required languages will be reviewed quarterly. If demand grows for a particular language, the Department of Justice reserves the right to add the language to the required list. The vendor shall have three (3) months to recruit for the language skill set and submit an approval package to the COR.
- The Government reserves the right to determine if all contract holders will be required to recruit for specific new language requirements.
C.4.2.1 Required Languages
- Translation and Source Material Review & Summarization Language Requirements:
- Interpretation Language Requirements:
- Transcription Language Requirements:
C.4.2 .2 Other Languages:
- The Department of Justice reserves the right to request services for languages other than those shown above.
- Requested languages that are not listed above as required shall be invoiced using an “Other Languages” rate. The “Other Languages” rate shall be divided based on geography:
- Other Languages – Western European Languages
- Other Languages – Eastern European Languages
- Other Languages – Middle Eastern and Central Asian Languages
- Other Languages – East and South Asian Languages
- Other Languages – African Languages and Less Common Dialects
- The vendor shall verify with the Ordering Official at the time of acceptance which rate category shall apply for languages not specifically outlined above.
C.4.3 Source Material Review and Summarization
- The Contractor shall perform source material review and summarization services, which consists of reading or reviewing documents, or viewing/listening to video/audio media for the purpose of:
- Searching for specifically named information, i.e., places, dates, names;
- Preparing and providing a written summary, outline, or abstract of the contents;
- Clarifying the meaning of foreign language words, terms, and phrases;
- Organizing a large volume of material into thematic concepts to filter out irrelevant and/or repetitive material; and/or
- Providing a verbal summary or information regarding the contents of the documents/audio/video.
- The Contractor shall perform review and summarization assignments at the Government work site during the specified dates and times if requested by the Government; or alternately at the Contractor work site, for delivery at the time and date specified by the Government in the formal request.
- The Contractor shall supply linguists for this skill set in the languages specified in C.4.2.1(a).
- The Contractor is not permitted to use machine translation for this service type. The review and summarization assignments must be completed by linguists.
- The Contractor shall supply translators in the languages specified in C.4.2.1(a). The Contractor shall be capable in translating all manner of materials and possess extensive subject knowledge, in keeping with the broad range of subject matter cited in C.1(b). The Government reserves the right to examine the qualifications of translator(s) to assess their suitability. In addition, the Contractor must possess the capability and equipment to handle the challenges of defective or incomplete source materials and exceptionally high-quality product requirements, e.g., scanners, enlarging copiers.
- To effect satisfactory preparation of a translation into or out of English, the Contractor shall provide the full, technically, and linguistically accurate rendition of the source(s) including annotations, table of contents, abstract, main text, references, tables, figures, charts, enlarged or reduced as necessary, for balanced, clear, and idiomatically correct exposition presented in a letter-perfect copy generated by an electronic processor. For projects for which the target language is English, the Contractor shall use only idiomatic American English with standard American spelling and internationally recognized abbreviations and symbols. With delivery, the Contractor shall provide the names of the translator and the reviewer/editor/certifier performing the work for the assignment/project with delivery.
- Word counts shall be predicated on the source word count using software technology. Such software includes Adobe Acrobat, Microsoft Word, Microsoft PowerPoint, and Microsoft Excel. Word counts in the source document shall form the basis of invoicing, but the Government will not pay for repetitive/duplicative content (i.e., bank records where a template can be used). English word counts are to be used when a character-based language is either source or target (i.e., Chinese, Japanese, Korean, Thai). Translated word counts are to be used when a source document does not lend itself to automated word count technology (i.e., handwritten documents, documents that cannot be converted to text with optical character recognition (OCR).
- Contractor shall use translation productivity tools that facilitate the efforts of linguists by building and using active databases for commonly used phrases (e.g., SDL Trados). The Contractor shall use these tools to save time, reduce costs, and increase consistency. These tools, however, shall never take the place of human translation/review since context is of upmost importance for accuracy. Further, Contractor shall ensure that using such a tool(s) is advantageous to the Government in terms of time, cost, and consistency. The Contractor shall turn over a copy of the developed language databases and electronic repositories to the Government at the end of the contract for future use.
- If requested to do so by the Government, the Contractor shall testify in court as to the accuracy of translations.
- The Contractor shall supply interpreters fluent in the languages specified in C.4.2.1(b). The Government may issue work orders to the Contractor for provision of interpreting services within the Washington, D.C. metropolitan area, or other domestic or international locations, in support of Department of Justice litigation or operations, or to assist foreign officials. The work order will specify the anticipated schedule and number of hours of the interpreting assignment (see C.4.5.c). The Government reserves the right to examine the qualifications of interpreter(s) to assess their suitability.
- Interpreting is defined as the verbal rendering of speech from one language to another. The Contractor shall be capable in performing simultaneous and consecutive as follows:
- Simultaneous interpretation requires the interpreter to speak almost contemporaneously with the speaker whose words are being interpreted, without any pauses since both interpreter and speaker are talking at virtually the same time. Simultaneous interpretation generally requires the use of special equipment.
- Consecutive interpretation requires pauses on the part of both the interpreter and the speaker: the speaker will utter a sentence, phrase or thought, and then the interpreter will usually signal for the speaker to pause so that the interpreter can translate what has just been said. Interpretation requirements may be from the target language into English or from English into the target language.
- The Government will only order half-day (4 hours) or full-day (8 hours) interpretation assignments (e.g., a 6-hour assignment will be ordered as a full-day and 3-hour assignment will be ordered as a half-day). Should the Government require assignments above a standard full day, the Contractor must bill for a full day, and only the additional hours beyond the full day (not a full day plus a half day). The billing structure shall, therefore, remain hour-for-hour, with the understanding that “half day” is 4 hours, “full day” is 8 hours, and beyond full day is 8 hours, plus the hours beyond 8.
- In some instances, the Government may require short, consecutive interpretation by telephone, or virtual platforms such as Teams or WebEx. In these situations, the Contractor can bill at an hourly rate for two (2) hours per work order; there will be no half-day minimum. These short, consecutive interpretation requirements will not exceed two (2) hours. Should they exceed two (2) hours by more than fifteen (15) minutes, the contractor may bill the Government for the half-day minimum. Interpreters must ensure that they are in a quiet environment, and that no one who does not have security approval can see or overhear the telephone or virtual session.
- The Contractor shall provide a minimum of two (2) interpreters for simultaneous assignments, except in cases of short assignments, and then only with the interpreter’s agreement to work alone .
- The Contractor shall provide one (1) interpreter for consecutive assignments. The Government may require more than one (1) interpreter for consecutive assignments when the requirement is complex or too challenging for one (1) linguist.
- When travel time for interpreters is authorized as a billable expense, it must be reduced by 50% of the established hourly rate for consecutive/simultaneous rate. See Section B.3.2 above for definitions of billable travel expenses.
- The Contractor shall perform verbatim transcription services in the languages specified in C.4.2.1(c), which consist of transcribing audio material into text. Such material may include recordings of interviews, phone calls, testimony in audio or video recording format. A verbatim transcription must include all elements of the recording (e.g., background noise, coughing, and sneezing). Transcription projects handled under this contract encompass only foreign language material. Projects that consist of only English to English transcription are not authorized. Work orders/ordering documents issued for transcription assignments may consist of more than one audio file for the project. Some projects may consist of several audio files with varying audio lengths.
- The Contractor shall ensure that completed transcription projects are court-ready, i.e., captures every element of speech on the recording, including repetitions, false starts, syntactic and/or semantic errors in speech, background conversations and noise, overlapping and unintelligible speech, accompanied by a conceptually verbatim translation into English, and free of errors and/or omissions. The Contractor shall do its best to identify unintelligible [UI] audio before marking it as such in the completed transcription. The Contractor shall specifically outline in its Quality Control Plan (Section L) how it will review and ensure accuracy of completed transcription projects prior to their delivery.
- The Contractor shall be familiar with the National Association of Judiciary Interpreters & Translators General Guidelines and Minimum Requirements for Transcript Translation in Any Legal Setting (Attachment 5) as a framework for transcription services.
C.4.7 Projects Requiring Transcription and Translation
If a particular project requires both transcription and translation, the Contractor shall complete and invoice for the project under the specific CLINs for each language service. The transcription and translation shall be viewed and invoiced as separate language services; therefore, the invoice should reflect the hourly total for the transcription portion of the project, and the word count for the translation portion of the project.
C.4.8.1 Translation Certification Form
- The Contractor shall certify each translation and return said certification (Attachment 2) with the completed translation. If the target language is other than English, the Contractor shall translate the certification form into the target language. The technical and linguistic accuracy of each translation is of paramount importance to the Government. The Contractor shall ensure that each translation is a complete, precise, idiomatically correct rendering from the source language into the target language and is reviewed and certified by the Contractor as a true and accurate translation of the document as admissible in court. The individual certifying the translation shall be a person other than the original translator and qualified in both the language being certified and English. The Contractor shall certify each document separately, as opposed to batch or group certifications, at the rates specified in Section B for translation. The project will not be considered complete until the certification is received; therefore, if a certification is sent late, the vendor will be subject to the late penalty specified in Section F.8.3.
- Periodically, the Government may waive or may not require the project to have a second linguist (or reviewer) certify the translation. In these instances, the vendor shall reduce the cost of the project by the percentage specified in CLIN X-1703.
- The Government may require that a previously translated document be re-examined by the Contractor and re-certified. Such documents may include translations performed by another Contractor, translations performed at some time in the past for which certification was not finalized, or translations that are outdated for any of a variety of reasons. In such circumstances, the Contractor will be provided with the source language document and the translated version and asked to review and re-certify, as required.
- On occasion, time constraints will dictate that the Government makes necessary corrections to a document (for example, if the Government is meeting a discovery deadline). Typically, these corrections will be made to minor errors, such as misspelled names. In these instances, the Government will provide the Contractor written notification of the error(s) and the corrective action taken by the Government. The Government will submit a request for Certification to the Contractor, accompanied by the final translation for review and certification.
- If requested to do so by the Government, the Contractor shall testify in court as to the accuracy of translations (CLIN X-4003).
C.4.8.2 Interpretation Certification Form
The Contractor shall complete an Interpretation Certification Form for each Interpreter assignment. The certification shall outline the date the work was performed and the hours that services were provided. The certification form shall be signed after completion of the assignment by the requestor and/or a point of contact involved with the assignment. The signed certification, along with the work order for the assignment, shall be attached to the invoice submission to receive payment.
C.4.8.3 On-Site Work Certification Form
The Contractor shall provide an on-site work certification form for all work that is performed on-site and billed at the hourly rate (i.e., source material review and summarization). The Contractor shall complete this certification once the project has been completed. Like the Interpretation Certification, the form shall outline the date the work was performed and the hours that services were provided. The certification form shall be signed after completion of the assignment by the requestor and/or a point of contact involved with the assignment. The signed certification, along with the work order for the assignment, shall be attached to the invoice submission to receive payment.
C.4.8.4 Requesting Court Certified Interpreters
- In some situations, the venue in which interpretation is to be conducted may require that the interpreter be certified. Certification refers not to security clearances or the Interpretation Certification Form, but to corroboration of interpreter competency by a governmental authority, in this case usually Federal or state courts. If certification is required for a specific venue, the Government will provide the Contractor with specific information about the venue in which the interpreter is to work. If certification is a requirement, the Contractor shall ensure that the interpreter is federally certified (for Spanish) or professionally qualified (other languages) for the specified purpose and venue. In addition to meeting certification or qualification requirements, the interpreter must meet the security requirements specified in the contract at H.6. If the interpreter has not previously met the security screening requirements under this contract, the Contractor must allow for additional time for completion of these requirements prior to assignment.
- In accordance with the Court Interpreters Act, 28 U.S.C. § 1827, the Director of the Administrative Office of the United States Courts prescribes the standards and guidelines for selecting and using interpreters in federal court proceedings. Information regarding the Federal Court Interpreter Program and instructions for completing the certification or qualification process may be found at: http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/DistrictCourts/CourtInterpreters.aspx.
C.4.9 Performance Standards
- Condition of Source Material(s). The physical condition of source materials will vary in degree of difficulty in terms of legibility and format. The COR/Ordering Official will identify on the ordering document if the complexity of the source document warrants payment of a poor-quality source or special formatting fee.
- Poor quality source fees shall apply only to translation projects, and not to transcription projects. Poor quality source fees are to be charged at the hourly rate specified in CLIN X-1701, and may be charged only upon the written approval of the COR/ACOR/Ordering Official. This fee shall be used to cover processing documents that are barely legible. Examples include illegible hand-written materials, faded typewritten materials, and photocopies and/or scanned images that omit portions of words or sentences from the original document.
- If a linguist is unable to make a determination regarding a portion of audio, the linguist, upon written approval of the COR/ACOR/Ordering Official, may mark the audio as unintelligible.
- Special Formatting Fees are to be charged at the hourly rate specified in CLIN X-1702, and may be charged only upon the written approval of the COR/ACOR/Ordering Official. Special formatting is defined as reproducing items in a document outside of normal computer processing capabilities. Examples of special formatting include charts, graphs, forms, fingerprint cards, and autopsy reports.
- Format of Completed Translation Deliverables. The Contractor shall finish, edit, and print if so requested by the Government, the completed translation to be optically faithful to the source document; specifically, the Contractor shall insert hand entries, charts, tables, forms, graphs, and pictures as near as possible to the paragraph to which they relate, forms are to be reproduced as forms, etc. On occasion, the Government may define special requirements for formatting or presentation of the deliverable at the time the work order is issued. Special formatting requirements will be indicated on the work order at the time of order or must be subsequently approved by the COR/Ordering Official. Special formatting includes reproducing items outside of normal computer processing capabilities, e.g., charts and graphs.
- Electronic Formats. The Contractor shall provide editable, electronic copies of each project in software formats and on media compatible with Criminal Division software standards. Standard software includes Adobe Acrobat, Microsoft Word, Microsoft Excel, and Microsoft PowerPoint. The COR will advise the Contractor of upgrades and/or changes to Criminal Division software as they occur. Acceptable media include CDs and e-mail; other modes may be arranged at the convenience of the Government.
- Print Quality. Hard copies of translations may be requested for certain projects. If a hard copy is necessary, this will be requested in advance on the work order for the project. The Contractor shall produce the hard copy deliverable on a high-quality state-of-the-art printer in a format compatible with Criminal Division software and hardware. No strikeovers, erasures, hand-written corrections, or use of correction tape are permitted.
- Punctuation. The Contractor shall use accepted standard English punctuation in all deliverables furnished in English; this will not necessarily parallel the punctuation contained in the foreign language of the original. Punctuation in documents delivered into languages other than English shall follow the standard conventions for those languages. Clarity and faithful rendering of the meaning of the original shall dictate what punctuation to use.
- Archives. To assure accurate and reliable archival storage, the Contractor shall maintain at least one electronic archival copy of the most current version of each translation prepared under this contract for the duration of the contract. Archival storage of classified documents shall be in a GSA approved container. The archival materials and media are understood to be the property of the Government and are not to be lent or distributed in any form. Archival materials shall be organized by contract year and reference number and turned over on removable media (external hard drive or thumb drive), intact and unchanged, at the conclusion of the contract.
C.4.10 Deliverables/Delivery Schedule
The following items are deliverable for each category of services performed under this contract.
- Source Material Review and Summarization. The Contractor shall provide one (1) original of each summary prepared along with the Government-furnished source material, in hard copy or electronic format as requested. The Contractor shall perform source material review and summarization of materials at a rate of not fewer than 2,500 words per business day unless the document is less than 2,500 words. If the requested source material review and summarization is to be delivered verbally, no written deliverable is necessary.
- Translations. The Contractor shall provide one (1) editable, electronic copy of all translations prepared unless the requestor explicitly requests that a hard copy be provided. The electronic file name shall be preserved with the suffix appended to the end. The suffix shall be named after the target language using the first four letters of the language (ex. DOJ00001234-SPAN.docx, SubpoenaReturnUSvCompany-ENGL.docx). The Contractor shall retain electronic archived copies of the final versions of translations pursuant to C.4.9(f) in its facilities throughout the duration of the contract and shall turn over these electronic copies to the Government when requested or at the conclusion of the Contract. At the request of the Government, either in individual cases or as a standing order, the Contractor shall deliver electronic copies of translations from the translation archive. In addition, the Government may, from time to time, require additional copies of that translation. In that case, the Contractor shall provide electronic or additional paper copies of translations in the same finished format as originally accepted by the Government.
Translation rates are predicated upon three criteria: number of words of the source or target document (see C.4.4.b), difficulty or complexity of the source document, and required delivery schedules. Delivery time is computed from the time of delivery of material to the Contractor. Delivery will be considered to have occurred using the methods described in Section F.4 and F.6. A five-tiered rating structure shall apply based on the following requirements:
Table 2 – Translation Delivery Schedules
|ROUTINE||8-10 business days for any project. Depending on the requested due date, additional time may be negotiated (if available) for projects exceeding 50,000 words.|
|PREMIUM||4-7 business days for any project. Projects exceeding 25,500 words will be considered lengthy projects and will be subject to an additional percentage under CLIN X-1708.|
|PRIORITY||2-3 business days for any project. Projects exceeding 5,000 words will be considered lengthy projects and will be subject to an additional percentage under CLIN X-1709.|
|URGENT||One (1) business day for any project. Projects exceeding 2,000 words will be considered lengthy projects and will be subject to an additional percentage under CLIN X-1710.|
|SAME DAY||Same business day for non-complex documents that are no longer than 1,500 words may be available. Projects need to be submitted by no later than 10:30 a.m. to be delivered by the close of business.|
Lengthy Project Fee: For documents that exceed the word counts for the rate-schedule categories, the Contractor may charge the Government a surcharge, to be specified in the CLIN X-1700 Series. For example, if the duration of the project is between four (4) to seven (7) business days, and the translation exceeds 25,500 words, the additional percentage outlined in CLIN X-1708, “Premium Words > 25,000”, is an applicable charge. Application of the surcharge is predicated upon the Contractor meeting the specified due date.
The COR/ACOR/Ordering Official will indicate the rate schedule on the work order at the time a document is submitted for translation. Changes to the rate schedule for any service request may only be made by the COR/Ordering Official.
- Interpretation. The Contractor shall provide simultaneous and/or consecutive interpretation services as needed, pursuant to C.4.5. The Government will indicate which interpretation is required on the work order issued for each completed assignment. The Contractor shall also provide a signed Certificate of Interpretation at the time of invoice to validate that interpretation services have been performed.
- Transcription. Delivery will be indicated on the work order issued for each instance but will not be less than one (1) business day. Where transcription is required, the Contractor shall supply an estimate to the COR/ACOR/Ordering Official upon acceptance of the requested project.
For projects that require translation and transcription, the translations for the project shall follow the guidance outlined in Table 2. For side-by-side transcription projects, the translation word count shall not include the transcribed text. The transcribed text shall be considered the source word count, and the translation shall be billed pursuant to Section C.4.4.
Additional Copies. The Contractor shall deliver additional copies within five (5) business days after receipt of the work order.
Certifications. The Contractor shall supply a certification with each translation, interpretation, or on-site hourly work pursuant to C.4.8.
- Corrections. The Contractor shall furnish complete and accurate deliverables. The Government reserves the right to return any deliverable(s) containing errors. Such errors include, but are not limited to omissions, misspellings and typographical errors, errors in grammar, syntax, and punctuation, missing or illegible pages, or clearly erroneous translation of words, phrases, or sentences. Late delivery penalties as stipulated in Section F.8.3 will apply to any translation returned to the Contractor for corrections. The Contractor shall furnish the corrected deliverable(s) within one (1) business day.
- Editorial or Preference Revisions. When requested by the Government, the Contractor shall make editorial or preference revisions to translations delivered by the Contractor. Editorial or preference revisions are defined as revisions or changes to delivered translations that are not a result of obvious Contractor error. These may include instances where one word can be substituted for another that does not obviously affect or change the meaning or context of the text. These revisions are necessary to ensure or improve accuracy and clarity, to address specific points of law or history, or to ensure uniformity with other evidence which may be unfamiliar or unknown to the Contractor. The Government will notify the Contractor in writing of any revisions to electronic copy of the Contractor’s certified product; changes made without the Contractor’s knowledge will invalidate the certification provided by the Contractor.
- For similar reasons, the Government reserves the right to define preferred terminology, especially for hard-to-find specialized terms. Whenever possible, preferred language or terminology will be submitted by the Government prior to the time of the issuance of a work order. The Contractor shall make changes requested by the Government. In instances where the Contractor does not agree with preference changes required or made by the Government because the Contractor feels that the change(s) is/are erroneous or distort(s) the meaning of the translation, the Contractor may decline to certify the translation as changed, pursuant to C.4.8.1. The Contractor shall notify the Government in writing of its decision not to certify a translation as a result of Government-required editorial or preference treatment. Under these circumstances, the Government may provide the certification.
- The Government may obtain editorial and preference changes for each document one time without additional charge. Initial editorial or preference revisions may be requested for up to 180 calendar days following delivery. Upon request by the Government, the Contactor shall deliver additional editorial or preference revisions throughout the period of performance of the contract, provided that the revision or change does not substantively alter the meaning or context of a translation that has previously received final acceptance and certification.
- If required by the Government, the Contractor shall work with the Government to conduct the revision process by exchange of edited and marked electronic files rather than through traditional exchange of marked-up hard copy.
C.4.12 Issuing Document
- Request for Language Services. A Request for Services document, known as a work order, issued by the COR/ACOR/Ordering Official will accompany all requests for services and serve as the work order. The Contractor shall return the work order with the completed work, and a copy shall be attached to the submitted invoice for the project. The work order issued to the Contractor will include, at a minimum:
- Originating component/Office
- Control number
- Date of request
- Due date of request
- Service(s) to be performed
- Source and Target languages
- Special instructions/requirements
- Special Approvals (i.e., Special Formatting, Poor Quality Source, etc.)
- Special Instructions for the project (If applicable)
- Billing information for invoice purposes
- If the requirement is for translation, in addition to C.4.12(a), the work order will also include:
- Delivery category (Routine, Premium, Priority, Urgent, Same Day)
- Document title
- Document page count
- If the requirement is for transcription, in addition to C.4.12(a), the work order will also include:
- Case Name
- Number of files
- Total audio length
- If the requirement is for interpretation, in addition to C.4.12(a), the work order will also include:
- Type of Interpretation (Simultaneous or Consecutive)
- Address for interpreter services
- Times for interpreter services
- Venue for the assignment (i.e., conference or formal event, court, deposition, etc.)
- If the requirement is for source material review and summarization, in addition to C.4.12(a), the work order will also include:
- Address for assignment (If required on-site at a Government facility)
- Times for Services (If required on-site at a Government facility)
- Case Name
- Upon delivery, the Contractor shall list as appropriate the:
- Names of translator(s) and certifier(s)
- Total word count for the project
- Total hour count for the project (if applicable – i.e., transcription hours, special formatting hours, etc.)
- Updated estimate total for project
- Internal tracking number
C.5 Required Equipment
The Contractor shall possess or acquire the following equipment for use during performance of this contract:
- Word processing equipment compatible with Department of Justice systems (as specified in C.4.4(c)) with software capable of addressing all languages required, including special equipment for special characters and diacritical marks as necessary for languages
- High quality state-of-the-art printer(s) capable of producing at least 600 dots per inch
- Electronic storage media and associated equipment, such as Jump drives, ZIP/JAZ drives, CDs, and DVDs
- Facsimile equipment to receive notifications
- Scanning equipment to produce and send notifications, completed projects, etc.
- GSA-approved security containers
- Equipment for Simultaneous Interpretation Assignments, including:
- Booth equipment
- Pick-up and Delivery
C.6 Contract Phase-In
The continuing provision of language services covered under this solicitation is essential to continuity of the program. Therefore, it is critical that the transition from the current operation to a new contract be accomplished in a well-planned, orderly, and efficient manner. The Contractor shall be responsible for the phase-in of Contractor personnel and the assumption of ongoing tasks in accordance with the Government phase-in schedule (see Section B.1(c)). Phase-in activities will include, but not be limited to, placement of any necessary subcontracts, mobilization of staff and other resources, obtaining of necessary clearances and security approvals, execution of the Confidentiality Agreement included as Attachment 3, and any other activities required to put the Contractor in a position to accept and perform requirements for language interpreter services. Certain current staff of the incumbent contractor will be available during this period to provide administrative and technical orientation to new Contractor personnel, familiarize the Contractor with required services, and provide other guidance and assistance as mutually determined by the Government and the Contractor.
SECTION D – PRESERVATION, PACKAGING AND MARKING
D.1 Payment of Postage and Fees
All postage and fees related to submitting information to the Contracting Office or the Contracting Officer’s Representative (COR) shall be paid by the Contractor.
D.2 Preservation, Packing, and Marking
- All information submitted to the Contracting Officer, the Contracting Officer’s Representative (COR), or the Ordering Official shall include the contract number.
- Unless otherwise specified, all material shall be preserved, packaged, and packed in accordance with normal commercial practices to insure acceptance by common carrier and safe arrival at destination.
SECTION E – INSPECTION AND ACCEPTANCE
E.1 Inspection and Acceptance
- Inspection and acceptance of supplies and services to be furnished under individual work orders will be performed at the place of performance or destination, by the COR or his designated Ordering Official, in accordance with FAR clause 52.246-4 or 52.246-6, as applicable. Inspection will consist of an examination of the deliverable(s) and/or services for (1) compliance with the statement of work and/or other task order specific requirements, (2) thoroughness with respect to scope or content, and (3) quality with respect to the standards set forth in Section C or the individual task order.
- The Government shall have thirty (30) calendar days from receipt of each invoice to inspect and accept items delivered/work performed under the task order/work order. Deliverables that are considered accepted under this definition are subject to editorial or preference revisions as defined in C.4.11, which may be requested for up to 180 calendar days following delivery. Rejected work and/or comments on all deliverables will be provided to the Contractor by the COR. The Contractor shall be responsible for replacement or corrections to the work or deliverable as necessary to meet the standards of acceptance identified in the contract and the task order.
- The Government will only be responsible for the cost of those corrections ordered above the performance standard specified in the task order.
E.2 Clauses Incorporated by Reference FAR 52.252-2 (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 the full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/
|FAR 52.246-2||Inspection of Supplies – Fixed-Price (AUG 1996)|
|FAR 52.246-4||Inspection of Services – Fixed-Price (AUG 1996)|
|FAR 52.246-6||Inspection – Time-and-Material and Labor-Hour (MAY 2001)|
|FAR 52.246-16||Responsibility for Supplies (APR 1984)|
SECTION F – DELIVERIES OR PERFORMANCE
F.1 Term of Contract
The Contractor shall complete its phase-in activities (see C.6) no later than October 1, 2023. The period of performance of the contract shall commence on October 1, 2023 and end on July 31, 2024 for the Base Period. The four (4) additional option periods of twelve (12) months each may be exercised at the discretion of the Government. Phase-in period is not part of the sixty months.
F.2 Option to Extend Term of Contract (FAR 52.217-9) (MAR 2000)
- This contract may be extended, at the unilateral option of the Government, upon the same terms and conditions stated herein for a period of one (1) year or fractions thereof. To exercise the option to extend the term of the contract, the Contracting Officer will issue a written modification prior to the expiration of the applicable term period. The Government will endeavor to provide a preliminary written notice of its intent to exercise the option; however, the lack of such a written notice will not in any way lessen the Government’s unilateral right to extend the contract pursuant to this clause. If such a preliminary notice is provided, it shall not be construed as an exercise of the option nor will it bind the Government to exercise the option.
- If the Government exercises this option, the extended contract shall be considered to include this option clause.
- The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months.
F.3 Option to Extend Services (FAR 52.217-8) (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 six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within the term of the contract.
F.4 Place of Delivery
All items to be delivered to the Government shall be sent to the address identified in Section G.1 unless otherwise specified in individual work orders. Delivery shall also be made to the designated email inboxes for the Language Services program. At the time of award, this email address is TS-CC@usdoj.gov.
F.5 Place of Performance
This contract requires performance at the Contractor’s site(s) and at various Government and non-Government sites throughout the fifty United States, the District of Columbia, and U.S. territories. The specific location for performance of any given task order will be specified in the work order for that project.
F.6 Delivery Times
- The required services (e.g., translation, interpretation, and transcription) and schedule for completion of work to be performed under this contract will be specified in each language services work order/ordering document issued under the contract. The Government will make every attempt whenever possible to issue requirements for interpretation services at least five (5) working days prior to the scheduled interpretation delivery start time. However, requirements for interpretation services may be issued any time prior to an assignment, including the day of the assignment. The Contractor shall fulfill the requirements of each accepted project (as outlined in the work order/ordering document) issued under this contract or be subject to the assessment of liquidated damages as specified in Section F.8.2.
- The term “working days” as used herein is defined as Monday through Friday excluding the Federal Government Holidays listed below. The holidays listed below are the only holidays that are recognized under this contract.
- New Year’s Day
- Birthday of Martin Luther King, Jr.
- Washington’s Birthday
- Memorial Day
- Juneteenth National Independence Day
- Independence Day
- Labor Day
- Columbus Day
- Veterans Day
- Thanksgiving Day
- Christmas Day
- Inauguration Day (every fourth year) in Washington DC metro area only
- In addition to the aforementioned holidays, there may be certain types of irregularly occurring circumstances that prompt the Government to close the office(s) listed in Section F.5 (e.g., bomb threats, inclement weather, power outages, death of a national figure, funding lapses, or other similar circumstances); such closures are not counted as a working day.
- A work order in the form of a Request for Services will be issued against a task order directly to the contractor. Work orders may be issued orally or by electronic commerce methods only if authorized in the task order. Oral work orders will be followed up with a Request for Services form within two (2) business days of issuance. The Contractor shall notify the COR/ACOR/Ordering Official within three (3) hours of receipt regarding its acceptance or denial of the project. If the Contractor is still waiting for information from its staff members, it shall provide an update to the COR/ACOR/Ordering Official at the three-hour mark. If accepted, the Contractor must provide an estimate for the anticipated cost of project/assignment at the time of acceptance. If the Contractor is unable to accept the project under the requested parameters, the Contractor shall offer an alternate solution as to what could be changed to make it acceptable to the Contractor (ex. adjusting the delivery schedule). If the Contractor is unable to accept the project under the requested parameters and no alternate solution is available, the Contractor must explain why to ensure the Government has the necessary information to move forward in a different approach (ex. inadequate linguists available).
- Each work order will specify the language, location, and date of the assignment. If the language, location, or date of the assignment is changed, it will be treated as a new requirement. Any other changes, such as time, will not be treated as a new requirement.
- The Government will make every attempt to issue work orders for interpreters at least five (5) business days prior to a scheduled hearing. However, work orders may be issued any time prior to a hearing, including the day of a hearing. The Contractor shall fulfill each and every work order accepted under this contract or be subject to the assessment of liquidated damages as specified in Section F.8.
- If the Contractor is unable to meet all the requirements of any individual work order, the Contractor shall immediately notify the COR/ACOR/Ordering Official or designee in writing via email, giving pertinent details. The Contractor’s notification shall be considered informational only and 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.
- All projects shall be returned by 5:00 pm, Eastern Time, on the date noted on the work order. Items delivered after 5:00 pm, Eastern Time, on the due date will be subject to late delivery penalties. There are no exceptions to this time.
- Non-classified source materials may be sent to the Contractor via email and/or express carrier pick-up and may usually be delivered by the Contractor in the same way, except for classified material which must be transmitted by cleared courier. For purposes of determining delivery dates, delivery of material to the contractor will be considered to have occurred using the methods described follows:
- Email – by date and time of email transmission.
- Express Carrier – same day.
- Each completed work order or Summary Request Form, (consisting of all individual translations to be done thereunder) shall be accompanied by a copy of the original work order containing the following information: date received by Contractor, work order number, number of billable words translated, cost of complete work order, name of the certifying translator, and name of reviewer/editor/certifier.
F.7 Notice to the Government of Delays
In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the task order 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 this contract, the Contractor shall immediately notify the Contracting Officer and the COR, in writing, giving pertinent details; provided, however, that this data shall be informational 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.
F.8 Payment Deductions and Liquidated Damages
- This section describes the circumstances under which deductions will be made from the Contractor’s invoice and the liquidated damages to be assessed against the Contractor by the Government. “Deductions” will be made from the Contractor’s invoice when performance is completed by the Contractor (e.g., an interpretation is performed) but performance fails to conform with the contract requirements in any of the ways described in the Payment Deduction Table in paragraph F.8.1 below. “Liquidated Damages” shall be assessed when complete performance by the Contractor does not occur as described in F.8.2 below.
- Notwithstanding any monetary adjustments made for deficiencies, nothing in this clause shall be construed to abrogate the performance requirements of this contract or to permit the Contractor to fail to perform or to delay in performing services. Failure to perform or delay in performing may subject the Contractor to the default provisions of this contract.
F.8.1 Payment Deductions for Nonconforming Interpreter Services
If services are performed by the Contractor but the services do not conform to the contract requirements, the contract price for services performed shall be reduced as specified in this section. Deductions will be taken as specified in the table below for each work order where services fail to conform to the contract requirements.
Payment Deduction Table
|Area of Nonconformance||Deduct Amount||Notes|
|An on-site event is delayed beyond its scheduled start time due to a problem with the interpreter, e.g., interpreter appears late or is not prepared to commence with the hearing.||1/2 the hourly rate for the language ordered per work order.||Invoiced amount shall be computed from the actual start time of the interpretation to the end time of the interpretation. If the delay in the hearing start time caused by the interpreter results in cancellation of the hearing, liquidated damages for a “no show” (as defined in Table 7 at 8.2(a)) will be assessed.|
|The interpreter or the quality of the interpretation fails to meet any of the standards in Section C||1/2 the hourly rate for the language ordered per work order.||Determination will be based on information provided by the court|
F.8.2 Liquidated Damages for Nonperformance of Interpretation Services
- If the Contractor fails to perform the services specified in this contract or a task order or work order issued hereunder, the Contractor shall pay to the Government as liquidated damages the amounts specified in the table below. The term “no show” is defined as those interpretation assignments where the interpreter fails to appear.
- The amount of damages to be assessed will be determined monthly using the amounts from the tables below:
Liquidated Damages for No Shows
|Number of Working Days Order is Placed Prior to the Assignment Resulting in a “No Show”||Number of Working Days
Prior to Hearing
Contractor Notifies COR in Writing that Interpreter will Not Appear
|Liquidated Damages Amount||
|1 or more||No notification||$500.00||Assessed per occurrence.|
|Greater Than 5||Less than 5||$500.00||Damages for these orders will be waived for the first occurrence. This is a one-time waiver.|
|5 or Fewer||After 5:00 p.m., the workday following the day the order was placed or after 5:00 p.m., the workday the order was placed if it was placed the day before the assignment date.||$500.00|
|Greater Than 5||5 or more||$200.00|
|5 or Fewer||By 5:00 p.m., the workday following the day the order was placed or by 5:00 p.m., the workday the order was placed if it was placed the day before the assignment date.||$200.00|
|Same Day Orders||Not applicable (N/A).||$0.00||Damages are waived.|
Liquidated Damages for Other Situations
|Liquidated Damages Amount||
|Interpreter appears for the assignment but leaves prior to official dismissal by the Government.||$500.00||Assessed per occurrence.|
|Interpreter appears for the assignment, but it is determined that the interpreter does not meet the requirements of the contract to the extent that the assignment cannot proceed.||$500.00||Assessed per occurrence.|
|Interpreter that appears for the assignment was previously disqualified from performing work on this contract (see paragraph F.8.2(f)).||$500.00||Assessed per occurrence.|
- Liquidated damages will not be charged, and the minimum four-hour payment will be made if the interpreter appears but is not used for reasons beyond the control and without the fault or negligence of the Contractor (e.g., a conflict of interest that becomes apparent at the assignment, the Government ordered the wrong language, the Government continues beyond the requested end time and the interpreter is unable to stay past the contracted end time).
- Repeated failures to provide interpreters may subject the Contractor to the default provisions of this contract. If delivery or performance is so delayed, the Government may terminate this contract in whole or in part under FAR clause 52.249-8, Default (Fixed-Price Supply and Service), in Section I and, in that event, the Contractor shall be liable for any excess costs pursuant to the Default clause.
- The Contractor shall provide a sufficient number of interpreters in all languages and dialects as ordered. If, within any three-month period, the Contractor is assessed liquidated damages for a no-show two times for a particular language, the Government has the right to make a written determination that the Contractor is deficient in the specific language. Upon such written determination, the Contractor shall provide written monthly status reports to the COR addressing the Contractor’s efforts to train and/or recruit additional interpreters.
- The Government reserves the right to refuse the use of an individual interpreter provided by the Contractor due to poor performance, inappropriate hygiene/appearance/conduct, security concerns, or any other reason based on a failure to satisfy the requirements of the contract. Such a refusal is deemed a disqualification of the interpreter. Once the Contractor is notified that a particular interpreter has been disqualified, the Contractor shall not use such interpreter again under this contract, unless reinstatement is granted by the COR or designee. Disqualifications based on a failure to satisfy specific requirements of this contract will result in liquidated damages being assessed. (There may be an occasion when an interpreter cannot be used for a specific order after the interpreter appears in court, but not as a result of a disqualification (for example, as a result of a conflict-of-interest issue; the respondent speaks a language other than the one ordered; the court has to evacuate the building). In these instances, it is likely, though not always the case, that the Government will pay the four-hour minimum for on-site interpreters.)
F.8.3 Payment Deductions for Late Deliveries of Translations
- If the Contractor fails to perform the services specified in Section C.4 within the time specified in this contract, or any extension, the Contractor shall grant a credit as specified in the table below:
Payment Deductions for Late Deliveries*
|Routine or Complex||8% per day late||Not to exceed $1,500 per work order.|
|Premium||12% per day late||Not to exceed $1,500 per work order.|
|Priority or Urgent||25% per day late||Not to exceed $1,500 per work order.|
* The amount of any imposed penalty shall not exceed the value of the original work order.
- The Contractor shall provide the COR with corrected invoices reflecting the original and corrected amounts. The COR may, at his/her discretion waive the imposition of credits provided the Contractor notifies the COR of an anticipated delay in advance of the due date. The maximum amount of liquidated damages to be assessed per work order is $2,500.00.
- Credits will not be assessed when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default — Fixed-Price Supply and Service clause in this contract.
- Projects delivered after close of business (5:00 pm, EST) will be assessed in accordance with the schedule above. If a project is delivered after close of business, it is considered received on the following business day.
- Delivered projects found to contain three (3) or more errors will be considered “late,” and will be assessed in accordance with the schedule above, until project is delivered free of errors If the contractor is not afforded an opportunity to correct errors, identified by the Government, the penalty will be capped at 1 (one) day late and shall not exceed the value of the original work order. Examples of what the Government may define as an error include:
- Repeated typographical errors that would have been caught by a routine spell check.
- Deviations from the source material, such as adding or omitting words.
- Clerical errors such as incorrect or transposed dates or serial numbers.
- A translation that objectively changes the meaning of the content.
- Inconsistencies with CRM style and terminology preferences.
F.9 Payment for Government Cancellations of Interpreter Requests
Payment is for hours authorized, worked, and accepted. The Government will make every attempt to notify the Contractor of interpreter cancellations as soon as that information is made available to the COR. However, there will likely be cases where a hearing is cancelled on very short notice. If the Government cancels an interpreter assignment less than 48 hours before the assignment is to begin, payment for cancelled assignments shall be as specified in the table below:
Payment Amounts for Interpreter Assignments Cancelled with Less Than 24 Hours’ Notice
|Assignment Type||Payment Amount||Notes|
|Half Day or Full Day||Full amount for number of hours on original work order.||Applies to assignments of one day or less.|
|Multi-day (not yet started)||50% of total work order||Applies to multi-day assignments cancelled less than 48 hours before the start of the first workday|
|Multi-day (In-progress)||Full amount for number of hours completed and 50% of remaining assignment.||Applies to assignments cancelled while in progress.|
F.10 Clauses Incorporated by Reference
This contract incorporates the following clauses from the Federal Acquisition Regulation (48 CFR Chapter 1) by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far.
|FAR 52.242-15||AUG 1989||Stop Work Order (AUG 1989)|
|FAR 52.247-35||April 1984||F.O.B. Destination, Within Consignee’s Premises|
SECTION G – CONTRACT ADMINISTRATION DATA
G.1 Contracting Officer’s Representative (COR)
- A Contracting Officer’s Representative (COR) will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, he/she shall not be authorized to change any terms and conditions of the contract, including price.
- The performance of work required herein will be subject to the technical direction of the Contracting Officer’s Representative (COR) with respect to technical matters pertaining hereto. As used herein, “Technical Direction” is direction to the Contractor which fills in details, suggests possible lines of inquiry, or otherwise clarifies the scope of work. “Technical Direction” must be confined to the general scope of work set forth herein and will not constitute a new assignment, nor supersede or modify any other clause of this contract. To be valid, technical direction:
- Must be issued in writing consistent with the general scope of work set forth in the contract;
- Will not change the expressed terms, conditions, or specifications incorporated into this contract; and
- Will not constitute a basis for extension to the contract delivery schedule or contract price.
- The COR is authorized to:
- Act as liaison and to coordinate contractor/government activities;
- Arrange for and coordinate the use of government resources (personnel, space, documents, etc.);
- Provide technical guidance in the performance of the contract; and
- Receive, review, and approve (but not reject or deny) progress reports, selected invoices and final reports or other functions of a technical nature.
- Any function explicitly assigned to the COR by this contract may be specifically delegated in writing by the COR to an Alternate Contracting Officer’s Representative (ACOR), except the authority to approve any modifications to a task order or work order.
- The COR has the responsibility to inspect all deliverables and authorization to certify (but not to reject or deny) invoices for payment in accordance with Section G.5. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer.
- The COR does not have the authority to alter the Contractor’s obligations under the contract; direct changes that fall within the purview of the clause entitled “Changes” and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work Statement, the Contracting Officer will issue such changes in writing and signed.
- The COR assigned cognizance of this contract is:
TO BE COMPLETE UPON AWARD
1400 New York Ave., 7th Floor, Desk XXX
Washington, DC 20530
- A copy of all written communications will be concurrently mailed or otherwise furnished to the Contracting Officer at the address set forth in Clause G.2.
G.2 Contract Administration
- The Contracting Officer has the overall responsibility for the administration of this contract. He/she alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the Contracting Officer may delegate certain other responsibilities to his/her authorized representative.
- This contract will be administered by:
TO BE COMPLETED AT TIME OF AWARD
U.S. Department of Justice
Procurement Services Staff
2 Constitution Square, Room 8E-
145 N Street, NE
Washington, DC 20530
- Written communications shall refer to the contract number and shall be mailed to the above address.
G.3 Security Programs Manager
- Upon contract award, a Security Programs Manager (SPM) will be designated to coordinate those aspects of this contract which pertain to obtaining and maintaining security clearances at the appropriate levels for contractor personnel performing hereunder.
- During the pre-award phase of this contract, the SPM is responsible for performing the following duties:
- Provide the Contracting Officer with the appropriate contractor personnel security screening requirements (including waiver requirements, if appropriate) and background investigation (BI) requirements for obtaining services of non-federal employees under the resultant contract and task orders.
- Determine the risk level for each contractor position. The risk level must be based on an overall assessment of the damage that an untrustworthy contractor could cause to the efficiency or the integrity of Departmental operations. The SPM shall provide this information to the Contracting Officer for inclusion in the resultant contract.
- Certify that the personnel security requirements of the contract are adequate to ensure the security of Departmental operations, information, and personnel. The SPM shall provide this written certification to the Contracting Officer prior to release of the Request for Proposals.
- The SPM for this contract is:
TO BE COMPLETED UPON AWARD
U.S. Department of Justice Telephone: (202)
1400 New York Avenue NW Email: firstname.lastname@example.org
BOND Bldg. RM XXX
Washington DC 20530
- The personnel security requirements of this contract are set forth in Sections H.6 through H.8 of the contract.
- Following award of this contract, the SPM shall ensure that the personnel security requirements set forth herein are followed. In addition, the SPM shall comply with the supplemental guidelines provided to him or her by the Contracting Officer.
G.4 Contractor Representative
The Contractor’s Representative to be contacted for all contract administration matter is:
**TO BE COMPLETED BY THE CONTRACTOR
G.5.1 General Invoice Requirements
- The Contractor shall render invoices upon successful completion (in full) of each requirement, but not more frequently than monthly, in electronic format and send to the COR at the email address identified in Section G.1.
- To constitute a proper invoice, at minimum, the invoice must be:
- Funneled to the correct invoice by task order and cost center code;
- Assembled & collated with work order from COR when services were rendered;
- Reflective of applicable projects, description of the project type, CLINs, unit amount, date accepted, subtotal, and grand total.
- The office that will make the payments due under this contract (i.e., the designated payment office) is:
U.S. Department of Justice, FDSS
2 Constitution Square, Room 7W-1004
145 N Street, NE
Washington, DC 20530-0001
- All follow-up invoices shall be marked “Duplicate of Original.” Contractor questions regarding payment information or check identification should be directed to the ordering agency’s designated payment office unless otherwise specified in the task order.
G.5.2 Interest on Overdue Payments
- The FAR clause entitled “Prompt Payment” (see Section I.1, Clause 52.232-25) is applicable to payment under this contract and requires interest on overdue payment and improperly taken discounts. Determinations of interest due will be made in accordance with the provisions of the prompt payment clause as modified by paragraph (b) below.
- Subdivision (a)(5)(i) of the Prompt Payment clause is modified to specify the following period for constructive acceptance by the Government: The Government agrees to inspect and determine the acceptability of services rendered in accordance with Section E.1 of this contract. For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur on the last day of the above stated inspection period. However, the Contractor is not entitled to payment of contract amounts or interest unless and until actual, or provisional, acceptance occurs. If the services are deficient, the provisions of this clause will apply to the date the Contractor corrects the deficiencies in services.
G.6 Invoice Follow-ups
All follow-up invoices shall be marked “Duplicate of Original.” Contractor questions regarding payment information or check identification should be directed to the DOJ Vendor Assistance Hotline (202) 616-6260.
G.7 Ordering Officials
- Only the Justice Management Division, Procurement Services Staff (PSS) is authorized to place task orders directly with the Contractor.
- The following DOJ components are hereby authorized to place work orders (under the task orders issued by PSS) directly with the Contractor under this contract:
- Justice Management Division, Procurement Services Staff
- Criminal Division
- Executive Office for United States Attorneys
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 Contract Type
This is an Indefinite Delivery/Indefinite Quantity contract.
- H.2.1 General (FAR 52.216-18 AUG 2020)
- (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the award date of the contract through the expiration date of the contract.
- (b) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
- (c) If mailed, a task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule.
- (d) Each delivery order or task order issued hereunder will contain a dollar ceiling which the Contractor shall not exceed except at its own risk.
H.2.2 Fair Consideration and Selection Criteria
- All work will be initiated by individual work orders issued under specific task orders. Individual work orders will be assigned by the Contracting Officer’s Representative (COR), Alternate Contracting Officer’s Representative (ACOR) or Ordering Official. The COR/ACOR/Ordering Official will exercise broad discretion in ensuring that each Contractor is provided a fair opportunity to be considered for each work order. In making the work order assignment, the COR/ACOR/Ordering Official may consider:
- Source and target languages and which Contractors have linguists approved in those specific languages;
- Need for ancillary services, i.e., special formatting requirements, lengthy documents;
- Potential size and length of work order at completion;
- Availability of Contractor resources given the requirement’s timetable and the Contractor’s existing workload;
- Suitability of Contractor’s available resources given the nature of the requirements;
- Whether the work is a logical follow-on to a previous/on-going order issued under the contract;
- Comparison of CLIN prices for the required support;
- Contractor’s cost control history under orders for similar types of support; and
- Quality of the Contractor’s past performance under orders for similar types of support.
- The COR/ACOR/Ordering Official will not necessarily contact each Contractor before assigning the work order. Streamlined procedures may be employed.
- If necessary, to meet the minimum guarantee, the Government will assign work orders to each Contractor without resorting to the procedures outlined in paragraph H.2.2(a) above.
H.2.3 Indefinite Quantity (FAR 52.216-22, OCT 1995)
(a) This is an indefinite quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided that the Contractor shall not be required to make any deliveries under this contract after the date of expiration of the contract.
H.3 Key Personnel Labor Categories
- The key personnel labor categories to be assigned to perform hereunder and their respective assignments are as follows:
- Program Manager
- Security Officer
- Reviewers/Editors/Certifiers – Spanish only
- The level of effort specified for each individual listed above may not be decreased without the prior written approval of the Contracting Officer.
- The personnel specified in this clause of this contract are essential to the work the Contractor agrees to perform hereunder. Prior to diverting any of the specified individuals to other programs, or replacing any of them for any reason, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification, including proposed substitutions or replacements, in sufficient detail to permit the Contracting Officer to evaluate the impact on the work the Contractor is obligated to perform hereunder. The Contractor shall not replace any of the key personnel hereinafter named to work on this contract without the written consent of the Contracting Officer. The list of key personnel labor categories set forth above may be amended from time to time during the contract to add or delete personnel, as appropriate.
H.4 Prohibition Against Soliciting and Performing Personal Services
- The performance of personal services under this contract is strictly prohibited.
- Personal service contracting is described in Section 37.104 of the Federal Acquisition Regulations (FAR). There are several factors, when taken individually or collectively, which may constitute personal services. Each contract arrangement must be judged in light of its own facts and circumstances, but the question relative to personal services is: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing this contract?
- The Government and the Contractor understand and agree that the support services to be delivered under this contract are nonpersonal services in nature; that is, no employer-employee relationships exist or will exist under the contract between the Government and the Contractor or between the Government and the Contractor’s employees.
- Contractor personnel under this contract shall not:
- Be placed in a position where they are appointed or employed by a federal employee, or are under the supervision, direction, or evaluation of a federal employee.
- Be placed in a federal staff or policy making position.
- Be placed in a position of supervision, direction, or evaluation over DOJ personnel, or personnel of other contractors, or become a part of a government organization.
- Employee Relationship
- The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the Government.
- Rules, regulations, direction, and requirements which are issued by DOJ management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.
- The Contractor shall immediately advise the Contracting Officer if the Contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.
- Contractor Management Responsibility. The Contractor shall appoint a supervisor/manager who will be the Contractor’s authorized representative for technical and administrative performance of all services required hereunder. The supervisor shall provide the single point of contact through which all Contractor/Government communications, work, and technical direction shall flow. The supervisor shall receive and execute, on behalf of the Contractor, such technical direction as the COR may issue within the terms and conditions of the contract. All administrative support of Contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the Contractor.
H.5 Security of DOJ Information and Systems
H.5.1 Applicability to Contractors and Subcontractors
This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this BPA. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.
H.5.2 General Definitions
The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.
- Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it to be stored, retrieved, or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.
- Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual’s identity, such as his or her name, social security number, date and place of birth, mother’s maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.
- DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.
- Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.
- Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.
H.5.3 Confidentiality and Non-disclosure of DOJ Information
- Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the task order. 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.
- All documents produced in the performance of this BPA containing DOJ Information are the property of the U.S. Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.
- Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the BPA, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the BPA and whether such information includes social security numbers (in whole or in part).
H.5.4 Compliance with Information Technology Security Policies, Procedures and Requirements
- For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:
- Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;
- Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;
- Creating, protecting, and retaining 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;
- Maintaining authorizations to operate any Covered Information System;
- Performing continuous monitoring on all Covered Information Systems;
- Establishing and maintaining baseline configurations and 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 Information Systems;
- Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information System backups;
- 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 where required;
- Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contractor’s organization and the DOJ;
- Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;
- Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media; 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;
- Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical facilities and support infrastructure for such Information Systems;
- Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Security standards;
- Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilities and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;
- Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;
- Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and
- 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 action in response.
- Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtaining an Authority to Operate (“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. The DOJ standards and requirements for obtaining an ATO may be found at DOJ Order 2640.2, as amended. (For Cloud Computing Systems, see Section 3.2.5)
- Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, management, or maintenance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Chief Information Officer, and the DOJ Security Officer.
- When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor’s facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, 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, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.
- The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause is prohibited until Contractor provides a letter to the DOJ CO, and obtains the CO’s approval, certifying compliance with the following requirements:
- Media must be encrypted using a NIST FIPS 140-2 approved product;
- Contractor must develop and implement a process to ensure that security and other applications software is kept up to date;
- Where applicable, media must utilize antivirus software and a host-based firewall mechanism;
- Contractor must log all computer-readable data extracts from databases holding DOJ Information and verify that each extract including such data has been erased within 90 days of extraction or that its use is still required. All DOJ Information is sensitive information unless specifically designated as non-sensitive by the DOJ; and,
- A Rules of Behavior (“ROB”) form must be signed by users. These rules must address, at a minimum, authorized and official use, prohibition against unauthorized users and use, and the protection of DOJ Information. The form also must notify the user that he or she has no reasonable expectation of privacy regarding any communications transmitted through or data stored on Contractor-owned laptops or other portable digital or electronic media.
- Contractor-owned removable media containing DOJ Information shall not be removed from DOJ facilities without prior approval of the DOJ CO or COR.
- When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with DOJ security requirements.
- Contractor must keep an accurate inventory of digital or electronic media used in the performance of DOJ contracts.
- Contractor must remove all DOJ Information from Contractor media and return all such information to the DOJ within 15 days of the expiration or termination of the BPA, unless otherwise extended by the CO, or waived (in part or whole) by the CO, and all such information shall be returned to the DOJ in a format and form acceptable to the DOJ. The removal and return of all DOJ Information must be accomplished in accordance with DOJ IT Security Standard requirements, and an official of the Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the removal and return of all DOJ Information.
- DOJ, at its discretion, may suspend Contractor’s access to any DOJ Information, or terminate the contract, when DOJ suspects that Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incident (see Section 3.2.6(e)), where the Department determines that either event gives cause for such action. The suspension of access to DOJ Information may last until such time as DOJ, in its sole discretion, determines that the situation giving rise to such action has been corrected or no longer exists. Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to the DOJ, and that upon request by the CO, Contractor must immediately return all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at Contractor’s expense.
H.5.5 Cloud Computing
- Cloud Computing means an Information System having the essential characteristics described in NIST SP 800-145, The NIST Definition of Cloud Computing. For the sake of this provision and clause, Cloud Computing includes Software as a Service, Platform as a Service, and Infrastructure as a Service, and deployment in a Private Cloud, Community Cloud, Public Cloud, or Hybrid Cloud.
- Contractor may not utilize the Cloud system of any CSP unless:
- The Cloud system and CSP have been evaluated and approved by a 3PAO certified under FedRAMP and Contractor has provided the most current Security Assessment Report (“SAR”) to the DOJ CO for consideration as part of Contractor’s overall System Security Plan, and any subsequent SARs within 30 days of issuance, and has received an ATO from the Authorizing Official for the DOJ component responsible for maintaining the security confidentiality, integrity, and availability of the DOJ Information under contract; or,
- If not certified under FedRAMP, the Cloud System and CSP have received an ATO signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under the BPA.
- 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 BPA 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.
H.5.6 Information System Security Breach or Incident
- Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed unauthorized exposure, loss of control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any DOJ Information accessed by, retrievable from, processed by, stored on, or transmitted within, to or from any such system.
- Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed, Covered Information System Security Breach.
- Security Incident means any Confirmed or Potential Covered Information System Security Breach.
- Confirmed Breach. Contractor shall immediately (and in no event later than within 1 hour of discovery) report any Confirmed Breach to the DOJ CO and the CO’s Representative (“COR”). If the Confirmed Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call DOJ-CERT at 1-866-US4-CERT (1-866-874-2378) immediately (and in no event later than within 1 hour of discovery of the Confirmed Breach), and shall notify the CO and COR as soon as practicable.
- Potential Breach.
- Contractor shall report any Potential Breach within 72 hours of detection to the DOJ CO and the COR, unless Contractor has (a) completed its investigation of the Potential Breach in accordance with its own internal policies and procedures for identification, investigation and mitigation of Security Incidents and (b) determined that there has been no Confirmed Breach.
- If Contractor has not made a determination within 72 hours of detection of the Potential Breach whether an Confirmed Breach has occurred, Contractor shall report the Potential Breach to the DOJ CO and COR within one-hour (i.e., 73 hours from detection of the Potential Breach). If the time by which to report the Potential Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call the DOJ Computer Emergency Readiness Team (DOJ-CERT) at 1-866-US4-CERT (1-866-874-2378) within one-hour (i.e., 73 hours from detection of the Potential Breach) and contact the DOJ CO and COR as soon as practicable.
- Any report submitted in accordance with paragraphs (B) and (C), above, shall identify (1) both the 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 Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the US-CERT Federal Incident Notification Guidelines, including the functional impact, information impact, impact to recoverability, threat vector, mitigation details, and all available incident details; and (4) any other information specifically requested by the DOJ. Contractor shall continue to provide written updates to the DOJ CO regarding the status of the Security Incident at least every three (3) calendar days until informed otherwise by the DOJ CO.
- All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Security Incident will be made by DOJ senior officials or the DOJ Core Management Team at DOJ’s discretion.
- Upon notification of a Security Incident in accordance with this section, Contractor must provide to DOJ full access to any affected or potentially affected facility and/or Information System, including access by the DOJ OIG and Federal law enforcement organizations, and undertake any and all response actions DOJ determines are required to ensure the protection of DOJ Information, including providing all requested images, log files, and event information to facilitate rapid resolution of any Security Incident.
- DOJ, at its sole discretion, may obtain, and Contractor will permit, the assistance of other federal agencies and/or third-party contractors or firms to aid in response activities related to any Security Incident. Additionally, DOJ, at its sole discretion, may require Contractor to retain, at Contractor’s expense, a Third Party Assessing Organization (3PAO), acceptable to DOJ, with expertise in incident response, compromise assessment, and federal security control requirements, to conduct a thorough vulnerability and security assessment of all affected Information Systems.
- Response activities related to any Security Incident undertaken by DOJ, including activities undertaken by Contractor, other federal agencies, and any third-party contractors or firms at the request or direction of DOJ, may include inspections, investigations, forensic reviews, data analyses and processing, and final determinations of responsibility for the Security Incident and/or liability for any additional response activities. 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.
H.5.7 Personally Identifiable Information Notification Requirement
Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose Personally Identifiable Information (“PII”) was, or is reasonably determined by DOJ to have been, compromised. Any notification shall be coordinated with the DOJ CO and shall not proceed until the DOJ has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by Contractor shall be coordinated with, and subject to the approval of, DOJ. Contractor shall be responsible for taking corrective action consistent with DOJ Data Breach Notification Procedures and as directed by the DOJ CO, including all costs and expenses associated with such corrective action, which may include providing credit monitoring to any individuals whose PII was actually or potentially compromised.
H.5.8 Pass-through of Security Requirements to Subcontractors and CSPs
The requirements set forth in the preceding paragraphs of this clause apply to all subcontractors and CSPs who perform work in connection with this contract, including any CSP providing services for any other CSP under this BPA, and Contractor shall flow down this clause to all subcontractors and CSPs performing under this BPA. Any breach by any subcontractor or CSP of any of the provisions set forth in this clause will be attributed to Contractor.
H.6 Confidentiality of Data
H.6.1 General Confidentiality Provisions
- The Department will provide the Contractor with all information and documents within its possession that may be necessary to bring suit to collect the debts referred to it. All case files and electronic databases containing information relating to the collection of debts referred to the Contractor shall be considered a system of records within the meaning of the Privacy Act and the Contractor shall institute appropriate safeguards as required by that Act. Contract data shall not be accessed by the Contractor in connection with other collection efforts involving the same debtor under another contract.
- Duplication or disclosure of the data and other information to which the Contractor will have access as a result of this contract is prohibited. The terms “Contractor” and “contract employee” in this clause include all entities and individuals that will perform under this contract, including the Contractor and Contractor employees. It is understood that throughout performance of this contract, the Contractor will have access to confidential data which is either the sole property of the Department of Justice or is the sole property of other than the contracting parties. The Contractor agrees to maintain the confidentiality of all data to which access may be gained throughout contract performance, whether title thereto vests in the Department of Justice or otherwise. “Data” in this context also includes any information about the cases or investigations the Contractor is working on, including the names and subject matters of the cases or investigations. The Contractor shall restrict access to data provided by the Department to individuals who are engaged in collection and judgment enforcement activities on behalf of the Department under this contract and agrees not to disclose or divulge any such information except to persons who:
Have a DOJ security approval,
Have signed the DOJ Non-Disclosure Agreement, and
Have a need-to-know.
This limitation specifically applies to the Contractor’s management chain.
- The Contractor agrees to not disclose said data, any interpretations and/or translations thereof, or data derivative therefrom to unauthorized parties in contravention of these provisions, without the prior written approval of the ACO or the party in which title thereto is wholly vested. The Contractor may be held responsible for any violations of confidentiality.
- The Contractor agrees that upon termination of the contract, it has no property or possessory right to any of the correspondence, files or materials, of whatever kind and description, or any copies or duplicates of such, whether developed/prepared by the Contractor or furnished by the Government in connection with the performance of this contract; and that, upon demand, the Contractor will surrender immediately to the COR such items, matters, materials, and copies.
- All contract employees who will have access to confidential data will be asked to sign a Non- Disclosure Agreement (sample provided at Section J.3). It is the responsibility of the Contractor to assure that such Agreements have been signed before accessing confidential data. The Contractor shall submit original signed forms to the SPM.
H.6.2 Specific Confidentiality Provisions
If a representative of (i) the news media or (ii) a local, state or federal office (for example, a Congressional office) contacts contractor for information regarding this contract or any case assigned to contractor, contractor shall refer that representative to the local AUSA. The contractor shall not make any press release or otherwise make any public, out of court statements in connection with this contract unless prior written approval has been received from the CO.
H.7 Personnel Security Requirements for Contractor Employees (NOV 2021); (Alt. I) – Classified Information – Cleared Contractors
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 section also apply.
H.7.1 General Requirements
- (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)].
- (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.
- Except where specifically noted otherwise, the federal government will be responsible for the cost and conduct of the investigation.
- 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.
- 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.
H.7.2 Citizenship and Residency Requirements
- 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.
- Aside from the specific exceptions set forth in Section H.7.2 (c) 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 H.10.2(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.
- 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 H.10.2(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.
- 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.
- 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.
- Access to Unclassified DOJ Information and Unescorted Access to DOJ Facilities or Space. (1) Except as provided under H.7.2 (c), 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.
H.7.3 Background Investigation Requirements
- (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.
- 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.
- 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.
- 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.
- Child Care Investigation. An agency contracting an individual to work with children in some capacity will need to have the individual undergo a “Child Care” investigation, which includes specific checks, as directed by the Crime Control Act of 1990, originally codified at 42 USC 13041, transferred to 34 USC 20351. This may require additional documents per state requirements.
(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.
- 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.
- Short-Term U.S. Citizen Contractor Employees. Other than the exception in Section H.10.3(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 H.10.4(b) and (c)(2).
- Long-Term U.S. Citizen Contractor Employees. Other than the exception in Section H.10.3(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.
- Non-U.S. Citizen Contractor Employees. Other than the exception in H.10.3(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.
- Reciprocity. 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.
(Alt. I) [The following is added to the clause]: (g) National security investigations will be accepted from other federal agencies under reciprocity guidelines provided all of the following are true: (i) The new position does not require a higher eligibility than what the subject currently possesses; (ii) the existing eligibility is not granted on an interim or temporary basis, or limited or one-time basis; (iii) the covered individual’s eligibility is not currently denied, revoked, or suspended; (iv) the favorable adjudication was based on the 13 Adjudicative Guidelines (SEAD 4) and E.O. 12968. Agencies may accept eligibility recorded with an exception based on their own risk assessment; (v) the most recent background investigation is not more than seven years old; (vi) there is no new derogatory information of national security adjudicative relevance that has been reported/developed since last investigation; (vii) the Bond Amendment disqualifier (SEAD 4) does not apply and individual requires SCI, SAP, or restricted access; and (viii) the subject does not have a break in federal service of 24 months or longer.
H.7.4 Background Investigation Process
- 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 H.7.4(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.
- Additional Documentation. In addition to completing the e-QIP questionnaire (see H.7.4(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:
- 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.
- 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.
- OF-306, Declaration for Federal Employment.
- Foreign National Relatives or Associates Statement. This is only required if foreign national relatives or associates were not disclosed on the security questionnaire form.
- Self-Reporting Requirements for All Contractor Personnel. This is an acknowledgement and acceptance statement that every contractor must sign.
- 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.
Adjudication and Pre-Employment Background Investigation Waivers
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.
- 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:
- Verification of citizenship (copy of a birth certificate, naturalization certificate, or U.S. passport);
- Verification of compliance with the DOJ Residency Requirement of this Clause;
- Favorable review of the security questionnaire form;
- Favorable FBI fingerprint results;
- Favorable credit report;
- Favorable review of the OF-306 form, Declaration for Federal Employment;
- Verification of the initiation of the appropriate background investigation (for long-term personnel); and
- Receipt of the signed DOJ Self-Reporting Requirements for All Contractor Personnel (see Section H.10.6, below).
- 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.
- 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.
(Alt. I) [The following is added to the clause]:
(5)(A) For classified contracts, the contractor shall possess or be capable of obtaining a Department of Defense Central Adjudication Facility (DODCAF) Defense Industrial Security Clearance Facility Cage Code and the security clearance required to fully perform this contract. As directed by the COR or SPM, the contractor shall submit the information necessary to allow the Government to prepare and obtain for the Contractor a “Department of Defense Contract Security Classification Specification” (DD Form 254) for this contract. Where such clearance is required, the contractor agrees to provide information and access to contractor facilities as may be required by federal government investigators.
- Immediately after contract award (or post-award receipt of the required Facility Clearance), the contractor’s Facility Security Officer (FSO) shall furnish to the COR a list of all personnel proposed to work under this contract who have been processed in accordance with the NISP by the DCSA. The contractor shall update this information as individuals are added or separated from the contract and the FSO shall provide the updated list to the COR.
- For each contractor employee who requires access to classified information under this contract, the contractor shall forward a Visit Authorization Request (VAR) indicating the current background investigation information and clearance level to the COR.
H.7.5 Identity Proofing and Badging
- 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.
- (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).
(Alt. I) [The following is added to the clause]: (2) All contractor employees requiring access to classified information must appear in person at least once before an official of the contractor possessing the facility clearance, who is responsible for checking the identification documents. (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). This identity proofing must be completed prior to commencement of work by the contractor employee under this contract and badge issuance (as applicable) and must be documented by the contractor official.
- 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:
- 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.
- 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.
H.7.6 Employee Reporting Requirements
- 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.
- The COR and SPM will review the written report and documentation and make a determination regarding continued employment on a DOJ contract.
- DOJ reporting requirements are in addition to the DCSA reporting requirements and the contractor’s internal reporting requirements.
H.7.7 Replacement Personnel
- 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.
- 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.
- 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.
H.8 Contractor Facility
- The Contractor shall implement physical controls as necessary to maintain the integrity and confidentiality of all data/information in its possession. Title 26 U.S. Code Section 6103(p)(4) requires external Federal, State and Local agencies and any other authorized recipients of Federal Tax Information (FTI) to establish procedures to ensure the proactive protection of the confidentiality as well as authorized uses of the FTI they receive, see IRS Publication 1075 at http://www.irs.gov.
At a minimum, the following requirements shall be in effect for Contractor controlled spaces where information is processed and/or stored:
- Access to the facility shall be limited to Contractor personnel or those escorted by Contractor personnel.
- Document/media storage areas shall be restricted to persons requiring access to them on a need-to-know basis and have a security access approval granted by DOJ.
- All areas designated for the storage of Federal Tax Information (FTI) require locked entrances and exits during non-working hours or a steel file cabinet that can be secured with a steel lock-bar and a General Services Administration approved changeable combination padlock, or its equivalent. Sensitive information such as Federal Tax Return information, and any other types of highly sensitive information that have more stringent security requirements shall be stored and protected pursuant to security regulations governing such information and special security instructions provided by the organization originating the information.
- All designated storage areas/containers must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COR, or COR designee.
- When Federal Tax Information (FTI) is in actual use by authorized personnel, it shall be protected as follows:
- Kept under constant review by an authorized person who is in a physical position to exercise direct security controls over the material;
- Covered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present;
- The room containing the materials must be locked when vacated for short periods of time; and
- Returned to storage containers/areas as soon as practical after use.
H.9 Automation Equipment and Media Materials
- At the conclusion of the contract period, all media materials used in conjunction with this contract shall be returned to the Department for destruction. This includes not only paper records, but also all removable, “consumable” media such as the Government-provided flash drive to be used in conjunction with the CDCS application, floppy disks, magnetic tapes, typewriter ribbons, CD-ROMs, DAT tapes, etc. Any of these media materials that become defective during contract performance shall be immediately turned in to the Department for destruction.
- Also, at the conclusion of the contract, the Contractor shall sanitize all other media which has been used in connection with contract work, such as PC hard drives and memory, network server hard drives and memory, etc. according to DOJ approved procedures. For example, the Government will require the Contractor to degauss all such media or to write over the media a specified number of times (e.g., five times using software such as Norton Disk Wipe). The Contractor will also be required to provide itemized certification that the degaussing has been completed for all equipment used in connection with the contract. If the Contractor is unable to degauss or sanitize the media to the satisfaction of the SPM, the Contractor must turn the media over to the Government for destruction. The Government will not compensate the Contractor for the cost of this effort.
- If any PCs, hard drives, memory, servers, etc. used in connection with the contract become defective during the contract performance period, the Contractor must either turn the media over to the Government for destruction or sanitize the media in accordance with Government- approved procedures and certify the sanitization. This also applies to equipment/media the Contractor chooses to sell or dispose of for other reasons. The Government will not compensate the Contractor for the cost of this effort.
- The Government reserves the right to inspect any equipment/media certified by the Contractor as having been degaussed or sanitized.
- The Contractor must ensure that sensitive information does not remain on the storage media, including hard disks and floppy disks, when the PC is removed from the Contractor’s area for maintenance or other use. Maintenance personnel must be escorted and monitored by Department or Contractor personnel when allowed to perform on-site maintenance for the equipment. The storage media must be removed from the PC prior to removal of the PC from the area for maintenance.
- Any removable storage media must be appropriately marked with the classification level.
H.10 Data Communications
- The Contractor is responsible for ensuring the security of all data transmitted internally (e.g., within and between Contractor facilities) and data transmitted between the Contractor and its subcontractors. For transmission of sensitive, non-classified data, the COR may require the data to be encrypted in compliance with Federal Information Processing Standard (FIPS) 197, Advanced Encryption Standard (AES) and “Security Level 1” of FIPS 140-2, Security Requirements for Cryptographic Modules, or their successors.
- All encryption devices must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COR or ACO.
H.11 Electronic Signatures (May 2019)
- The Department of Justice is committed to doing business in the most efficient and effective way possible, and to facilitate paperless processes. In furtherance of this goal, the Contracting Officer may apply their digital signature to procurement documents in the Portable Document Format (PDF) through the use of their government issued Personal Identity Verification (PIV) Card with a valid public key certificate. A digital signature made with these certificates is evidence that a specific individual signed the electronic record and that it was not altered. The recipient of a signed document can rely on the digital signature as evidence for a third party that the signature was generated by the claimed signer.
- For procurement documents that require a signature from a representative of the Contractor, the Contractor may utilize manual or electronic signature. Should the Contractor utilize an electronic signature, by returning the document with an electronic symbol affixed to the appropriate signature block, the Contractor representative signing on behalf of the Contractor certifies that:
- Electronic Form of Signature: The Contractor representative has knowingly adopted, applied, or affixed an electronic symbol to the document;
- Intent to Sign: The Contractor representative has applied an electronic symbol with the intent to legally bind the Contractor;
- Association of Signature to Record: The Contractor representative’s signature is attached to the electronic record being signed;
- Identification and Authentication of Signer: The Contractor has a means to identify and authenticate a particular person as the signer; and
- Integrity of Signed Record: The Contractor can attest to the integrity of the signed record between the time of signature and the returned record to the government.
- This clause applies to this document and any subsequent documents (e.g., modifications, task/delivery orders) associated with this action.
H.12 Organizational Conflicts of Interest
- The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph (b) below.
- The term “organizational conflict of interest” means a situation where a Contractor has interests, either due to its other activities or its relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable from the Government’s standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement.
- The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interests of the Government.
- In the event that the Contractor was aware of organizational conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.
H.13 Proprietary Rights
- Government Furnished Data and Materials. DOJ shall retain all rights and privileges, including those of patent and copy, to all Government furnished data. The Contractor shall neither retain nor reproduce for private or commercial use any data or other materials furnished under this contact. The Contractor agrees not to assert any rights at common law or in equity or establish any claim to statutory copyright in such data. These rights are not exclusive and are in addition to any other rights and remedies to which the Government is otherwise entitled elsewhere in this contract.
- Contractor Produced Data and Materials. All property rights, including publication rights, in the information and materials produced by the Contractor in connection with this contract shall vest in the Government. Information and materials shall include progress reports, computer software applications/data bases, software documentation, plans, systems analyses, reports, extracts, test data and procedures.
Publicity releases in connection with this contract shall not be made by the Contractor unless prior written approval has been received from the Contracting Officer.
H.15 Continuing Contract Performance During a Pandemic or Other National Emergency
- During a pandemic or other emergency, we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.
- The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.
- The types of actions a federal contractor should reasonably take to help ensure performance are:
- Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.
- Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work where telework is not an option.
- Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.
- Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.
- Establish communication processes to notify employees of activation of this plan.
- Integrate pandemic health crisis response expectations into telework agreements.
- With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees’ personal computers and provide them with PCs or laptops as appropriate.
- Determine how all employees who may telework will communicate with one another and with management to accomplish work.
- Practice telework regularly to ensure effectiveness.
- Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.
- Identify how time and attendance will be maintained.
- It is the Contractor’s responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the Contractors notification. The incumbent Contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.
- The Department does reserve the right in such emergency situations to use federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Procurement Policy issuance “Emergency Acquisitions,” May 2007 and Subpart 18.2, Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.
H.16 Representation Regarding Felony Conviction under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2015-02) (March 2015)
- None of the funds made available by the Department’s Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation:
- convicted of a felony criminal violation of any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension and debarment of the corporation and determined that this further action is not necessary to protect the interests of the Government, or
- 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 and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
- By submitting a response to this solicitation, the offeror represents that, as of the date of this offer:
- the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,
- the 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.
H.17 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse
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, and 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.
H.18 Contractor Certification of Compliance with Federal Tax Requirements
By submitting a response to this solicitation, the contractor certifies that, to the best of its knowledge, information and belief, the contractor has (a) filed all Federal tax returns required during the three years preceding the certification, (b) not been convicted of a criminal offense under the Internal Revenue Code of 1986, and (c) not been notified, more than 90 days before the subject certification, of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.
H.19 Department Policy on Domestic Violence, Sexual Assault and Stalking
- 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 http://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-sexualassault-stalking.pdf . Contractor agrees, at contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all contractor’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 contact 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. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contact.
H.20 Order Limitations (FAR 52.216-19, OCT 1995)
(a) Minimum Order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum Order. The Contractor is not be obligated to honor –
(1) Any order for a single item in excess of the maximum amount for the contract (see Section B.2);
(2) Any order for a combination of items in excess of the maximum amount for the contract; or
(3) A series of orders from the same ordering office within ten (10) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order(s) is returned to the ordering office within ten (10) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
SECTION I – CONTRACT CLAUSES
I.1 Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998)
This contract incorporates the following clauses from the Federal Acquisition Regulation (48 CFR Chapter 1) by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/
|52.202-1||Definitions (JUN 2020)|
|52.203-3||Gratuities (APR 1984)|
|52.203-5||Covenant Against Contingent Fees (MAY 2014)|
|52.203-6||Restrictions on Subcontractor Sales to the Government (JUN 2020)|
|52.203-7||Anti-Kickback Procedures (JUN 2020)|
|52.203-8||Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)|
|52.203-10||Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)|
|52.203-11||Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)|
|52.203-12||Limitations on Payments to Influence Certain Federal Transactions (JUN 2020)|
|52.203-13||Contractor Code of Business Ethics and Conduct (NOV 2021)|
|52.203-17||Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)|
|52.204-4||Printed or Copied Double-Sided on Recycled Paper (MAY 2011)|
|52.204-7||System for Award Management (OCT 2018)|
|52.204-9||Personal Identity Verification of Contractor Personnel (JAN 2011)|
|52.204-10||Reporting Executive Compensation and First-Tier Subcontract Awards
|52.204-13||System for Award Management Maintenance (OCT 2018)|
|52.204-15||Service Contract Reporting Requirements for Indefinite Delivery Contracts
|52.204-17||Ownership or Control of Offeror (AUG 2020)|
|52.204-18||Commercial and Government Entity Code Maintenance AUG 2020)|
|52.204-19||Incorporation by Reference of Representations and Certifications (DEC 2014)|
|52.204-25||Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)|
|52.209-2||Prohibition on Contracting with Inverted Domestic Corporations – Representation (NOV 2015)|
|52.209-5||Certification Regarding Responsibility Matters (AUG 2020)|
|52.209-6||Protecting the Government’s Interest when Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (NOV 2021)|
|52.209-7||Information Regarding Responsibility Matters (JUL 2013)|
|52.209-9||Updates of Publicly Available Information Regarding Responsibility Matters
|52.209-10||Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)|
|52.209-11||Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)|
|52.215-2||Audit and Records–Negotiation (JUN 2020)|
|52.215-8||Order of Precedence – Uniform Contract Format (OCT 1997)|
|52.215-11||Price Reduction for Defective Cost or Pricing Data-Modifications (AUG 2011)|
|52.215-14||Integrity of Unit Prices (OCT 2010)|
|52.215-21||Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data-Modifications (NOV 2021)|
|52.216-18||Ordering (AUG 2020)
Note: See Section H.2 for fill-ins
|52.216-19||Order Limitations (OCT 1995)
Note: See Section H.20 for fill-ins
|52.216-22||Indefinite Quantity (OCT 1995)
Note: See Section H.2 for fill-ins
|52.219-4||Notice of Price Evaluation Preference for HubZone Small Business Concerns (OCT 2022)|
|52.219-8||Utilization of Small Business Concerns (OCT 2022)|
|52.219-9||Small Disadvantaged Business Subcontracting Plan (OCT 2022)|
|52.219-16||Liquidated Damages–Small Business Subcontracting Plan (SEP 2021)|
|52.219-28||Post-Award Small Business Program Representation (OCT 2022)|
|52.222-3||Convict Labor (JUN 2003)|
|52.222-19||Child Labor – Cooperation with Authorities and Remedies (JAN 2022)|
|52.222-21||Prohibition of Segregated Facilities (APR 2015)|
|52.222-26||Equal Opportunity (SEP 2016)|
|52.222-35||Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era
|52.222-36||Affirmative Action for Workers with Disabilities (JUN 2020)|
|52.222-37||Employment Reports on Disabled Veterans and Veterans of the Vietnam Era
|52.222-38||Compliance with Veteran’s Reporting Requirements (JUN 2020)|
|52.222-40||Notification of Employee Rights Under the National Labor Relations Act
|52.222-46||Evaluation of Compensation for Professional Employees (FEB 1993)|
|52.222-50||Combating Trafficking in Persons (NOV 2021)|
|52.222-54||Employment Eligibility Verification (MAY 2022)|
|52.223-5||Pollution Prevention and Right-to-Know Information (MAY 2011)|
|52.223-6||Drug-Free Workplace (MAY 2001)|
|52.223-18||Encouraging Contractor Policies to Ban Text Messaging While Driving
|52.224-1||Privacy Act Notification (APR 1984)|
|52.224-2||Privacy Act (APR 1984)|
|52.225-13||Restrictions on Certain Foreign Purchases (FEB 2021)|
|52.225-20||Prohibition on Conducting Restricted Business Operations in Sudan—Certification (AUG 2009)|
|52.225-25||Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications (JUN 2020)|
|52.227-1||Authorization and Consent (JUN 2020)|
|52.227-2||Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)|
|52.227-14||Rights in Data–General (May 2014)|
|52.229-3||Federal, State, and Local Taxes (FEB 2013)|
|52.232-1||Payments (APR 1984)
Note: Applies to orders issued on a firm-fixed price basis.
|52.232-7||Payments Under Time-and-Materials and Labor-Hour Contracts (NOV 2021)
Note: Applies to orders issued on a Time & Material or Labor Hour basis.
|52.232-8||Discounts for Prompt Payment (FEB 2002)|
|52.232-11||Extras (APR 1984)|
|52.232-17||Interest (MAY 2014)|
|52.232-23||Assignment of Claims (MAY 2014)|
|52.232-25||Prompt Payment (JAN 2017)|
|52.232-33||Payment by Electronic Funds Transfer – System for Award Management
|52.232-39||Unenforceability of Unauthorized Obligations (JUN 2013)|
|52.232-40||Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)|
|52.233-1||Disputes (MAY 2014)|
|52.233-4||Applicable Law for Breach of Contract Claim (OCT 2004)|
|52.237-3||Continuity of Services (JAN 1991)|
|52.242-3||Penalties for Unallowable Costs (MAY 2014)|
|52.242-13||Bankruptcy (JUL 1995)|
|52.243-1||Changes – Fixed-Price (AUG 1987) (ALT I)|
|52.243-3||Changes – Time-and-Materials or Labor-Hours (SEP 2000)|
|52.244-2||Subcontracts (JUN 2020)|
|52.246-25||Limitation of Liability – Services (FEB 1997)|
|52.248-1||Value Engineering (JUN 2020)|
|52.249-2||Termination for Convenience of the Government (Fixed Price) (APR 2012)|
|52.249-6||Termination (Cost-Reimbursement) (Basic and Alternate IV) (MAY 2004)|
|52.249-8||Default (Fixed-Price Supply and Service) (APR 1984)|
|52.249-14||Excusable Delays (APR 1984)|
I.2.1 FAR 52.233-3 Protest after Award (AUG 1996)
- Protests, as defined in Part 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer.
U.S. Department of Justice
Justice Management Division, Procurement Services Staff
Two Constitution Square, Room 8E.300
145 N Street, NE
Washington, DC 20530
- The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
I.2.2 FAR 52.223-99, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct 2021) (Deviation)
- Definition. As used in this clause –
United States or its outlying areas means—
- The fifty States;
- The District of Columbia;
- The commonwealths of Puerto Rico and the Northern Mariana Islands;
- The territories of American Samoa, Guam, and the United States Virgin Islands; and
- The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.
- Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).
- Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https://www.saferfederalworkforce.gov/contractors/.
- Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.
I.2.3 Contractor Privacy Requirements (Jan 2022)
Limiting Access to Privacy Act and Other Sensitive Information
- 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. 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.
- 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.
- Prior Approval Required to Hire Subcontractors
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.
- 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), 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.
Privacy Training, Safeguarding, and Remediation
- 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.
- 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 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.
- Non-Disclosure Agreement Requirement
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:
- 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
- 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.
- 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.
- Reporting Actual or Suspected Data Breach
Contractors must report any actual or suspected breach of PII within one (1) hour of discovery. 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.
- 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, Reporting and Response Procedures for a Breach of Personally Identifiable Information.
- The Contractor must report any such breach by its employees or Subcontractors to the DOJ Security Operations Center (email@example.com, 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.
- The Contractor must provide a written report to the DOJ Security Operations Center (firstname.lastname@example.org, 202-357-7000) within 24 hours of discovery of the breach by its employees or Subcontractors. The report must contain the following information:
- Narrative or detailed description of the events surrounding the suspected loss or compromise of information. Date, time, and location of the incident.
- Amount, type, and sensitivity of information that may have been lost or compromised, accessed without authorization, etc.
- Contractor’s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment.
- Names and classification of person(s) involved, including victim, Contractor employee/Subcontractor and any witnesses.
- Cause of the incident and whether the company’s security plan was followed and, if not, which specific provisions were not followed.
- Actions that have been or will be taken to minimize damage and/or mitigate further compromise.
- 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.
- 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.
- 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.
- 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.
Government Records Training, Ownership, and Management
- Records Management Training and Compliance
- 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.
- 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.
- Records Creation, Ownership, and Disposition
- 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.
- 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.
- 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 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.
Data Privacy and Oversight
- 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.
- 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.
- Requirement to Support Privacy Compliance
- If this contract requires the development, maintenance or administration of information technology, 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 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.
- 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, 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.
I.2.4 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 Section I
SECTION J – LIST OF ATTACHMENTS
Attachment 1 Pricing Tables
Attachment 2 Certification Form
Attachment 3 Contractor Confidentiality Agreement
Attachment 4 Criminal Division Code of Professional Responsibility for Linguists
Attachment 5 National Association of Judiciary Interpreters & Translators General Guidelines and Minimum Requirements for Transcript Translation in Any Legal Setting
Attachment 6 Subcontracting Plan
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
K.1 Annual Representations and Certifications (FAR 52.204-8) (MAY 2022)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541930.
(2) The small business size standard is $20 million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
X (i) Paragraph (d) applies.
□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision, with its Alternate I, applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016, through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
__ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__(B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.
|FAR Clause # Title Date Change|
|____________ _________ _____ _______|
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 on SAM.
SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.1 Type of Contract (FAR 52.216-1) (APR 1984)
The Government contemplates award of as many as four (4) Indefinite Delivery/Indefinite Quantity (IDIQ) type contracts resulting from this solicitation.
L.2 Inquiries Concerning the RFP
- Any questions concerning the RFP must be directed, via e-mail, to Pamela F. Pilz, no later than 2:00 pm, eastern time, on May 11, 2023, at the following address:
- The Government will post all industry questions and Government responses, as well as any amendments to this RFP, on GSA’s Federal Business Opportunities (FBO) web site. The Government will post industry questions and Government comments received after this date on a best-effort basis.
Offerors are cautioned against directing any questions concerning this RFP to anyone other than the Contracting Officer.
L.3 Format and Instructions for Proposals
- Proposals submitted in response to this solicitation shall be formatted in accordance with the instructions provided in this section. Offerors shall furnish proposals in separately bound print volumes in the quantities specified below. Each volume shall be complete in itself, in order that evaluation of one volume may be accomplished independently of, and concurrently with, evaluation of the others.
Volume I – Business Proposal (Original plus 1 copy)
Volume II – Technical Proposal (Original plus 3 copies)
- The Offeror shall also provide one (1) electronic copy of the Business proposal and three (3) electronic copies of the Technical Proposal on thumb drives. Separate thumb drives should be provided for the Business and Technical Proposals. Microsoft Word and Excel formats are required. Bound or pre-printed materials such as company annual reports submitted with the Business Proposal, need not be submitted in electronic format.
- Each page within each volume and section shall be numbered using a consistent numbering scheme. This scheme shall also be used for all supporting documentation, such as charts and figures, included in each volume.
- Each volume, including all supporting documentation, shall be submitted in standard loose-leaf three-ring binders (3” maximum). Paper size shall be 8.5” by 11.0”. Foldouts shall be limited to 11” x 17” and shall count as two pages. All pages shall have appropriate left margins and three punched holes. Type (font) size must be no less than 11 point except for labels and headings (used with graphics, tables, and figures), which may be smaller. Bound documents more than ½” thick (e.g., annual reports) may be labeled and submitted separately from the 3-ring binder; bound documents more than 1” must be separate.
- To be considered compliant and eligible for award, the proposal shall, at a minimum, include the information identified in Sections L.3.1 and L.3.2, and comply with the cited page limitations for each section. All sections subject to a page limitation are included in the following table. Page limits will be treated as maximums. If the limit is exceeded, the excess pages will not be read or considered in the evaluation of the proposal. When both sides of a sheet display printed material, it must be counted as two pages. Brochures, pamphlets, and any other attachments (except for resumes) are included in the page limitations.
|Proposal Sections Subject to Specific Page Limitations|
|Proposal Volume/Section||Page Limit|
|Volume 1, Entire Business Proposal||None|
|Volume 2, Entire Technical Proposal
Resumes limited to two (2) pages each
not including resumes
L.3.1 Volume I – Business Proposal
L.3.1.1 Terms and Conditions
Sections A, B, D, E, F, G, H, I, and K of the solicitation document, including any amendments which may be issued, shall be submitted by the offeror as follows:
- Section A – Cover Sheet: Blocks 13, 15, 16, and 18 of page 1 of the solicitation (Standard Form 33) will be completed by the offeror and block 17 shall be signed to show that the offeror has read and agrees to comply with all the conditions and instructions provided in the solicitation document. Insert your DUNS number in the block with your name and address with the annotation “DUNS” followed by the DUNS number that identifies your name and address exactly as stated in the offer.
- Sections B, D, E, F, G, H, and I: By incorporating the terms and conditions set forth in Sections B, D, E, F, G, H, and I of the solicitation document into the proposal, the offeror is agreeing to comply with these terms and conditions. In lieu of providing actual copies of these pages, the offeror may provide the following written certification of acknowledgment and compliance with these requirements.
“ [Name of offeror] hereby incorporates by reference into this proposal dated [Date of Offer] Sections B, D, E, F, G, H, and I of Solicitation No. 15JPSS23R00000040, current as of [Date of Offer] and certifies that in so doing the offeror agrees to comply, in any contract issued as a result of this Solicitation, with all of the provisions of these Sections.”
Signature & Date Signed
Name & Title
Any proposal received without the above Certification (or actual copies of the solicitation pages) will be considered non-compliant.
- Section G.4: The offeror shall complete the fill-in information required of Section G.4.
- Section K: The offeror shall check or complete all applicable boxes or blocks in the paragraphs under Section K of the solicitation document and resubmit the full section as part of the proposal.
- Small Business Subcontracting Plan. An offeror that is a large business concern shall prepare and submit an individual small business subcontracting plan for this contract. This subcontracting plan shall comply with the requirements of FAR Part 19.7 and meet or exceed the small business participation goals set forth in the table below. The offeror shall provide details, percentages, performance incentives, and evidence of corporate commitment for each business category addressed. The goals listed below represent the dollar percentage of subcontract dollars. In addition, the offeror shall provide the anticipated dollar amount for each of the small business categories. The dollar amount provided will be compared to total subcontract dollars to determine a percentage of total contract dollars for each of the categories. Attachment 6 provides a sample format for a subcontracting plan.
|Small Business Category||Small Business Participation Goal|
|Small Disadvantaged Business||15.9%|
|Service-Disabled Veteran-Owned Small Business||3.0%|
Note: Orders placed by both the prime contractor and all first-tier subcontractors will count towards achieving the goals set forth above.
- First-Tier Subcontractors. Identify the name, address, telephone number, and dollar amount of each subcontract valued at more than $10 million. The $10 million threshold is a cumulative amount over the life of the contract (including options). A contract award in the amount of $10 million or more will not be made under this solicitation unless the offeror and each of its known first-tier subcontractors (to whom it intends to award a subcontract of $10 million or more) are found, on the basis of compliance review, to be able to comply with the provisions of the Equal Opportunity Clause of this solicitation.
L.3.1.3 Business/Pricing Questionnaire
The offeror shall provide the following information:
- If the offeror is a division or subsidiary corporation, provide the name and address of the parent company, and indicate if functions such as purchasing, finance, and planning are located at an address other than the address stated on the letterhead of the proposal.
- Offeror’s most current certified balance sheet, income, and profit and loss statement.
- Name, title, telephone number, fax number, and e-mail for the individual designated as the central point of contact for this proposal.
- Describe any assumptions used to prepare this proposal and develop the proposed prices.
- Note if the proposal includes any discount other than a prompt payment discount.
- Specify if the proposed unit prices are contingent on realizing any minimum volume for any given contract period.
- Describe the policy regarding when travel time is billable under a T&M or LH task order that authorizes long-distance travel, and if this policy is consistent with any proposed subcontractors.
- Indicate offeror’s policy regarding billing (invoicing) of hours actually worked when a T&M or LH task order requires personnel to work in excess of an 8-hour day or a 40-hour week, and if this policy is consistent with any proposed subcontractors.
L.3.1.4 Pricing Tables
- The Offeror shall complete the Unit Price Tables shown in Attachment 1. These tables contain unit prices for every language category and defined deliverable and fixed multipliers for every category of ODC for which the Offeror is bidding. The Offeror shall include unit prices for the base year and all option periods.
- All prices shall:
- Comply with the requirements of Section B;
- Reflect any discounts offered (excluding prompt payment discounts); and
- Be limited to two (2) decimal places for fixed unit prices and four (4) decimal places for multipliers; and
- Unit prices under the proposed contract will fall into one of the following three categories:
- Products. Firm fixed unit prices for a defined deliverable (e.g., translation, revisions, and re-certifications). All costs associated with production of the output at the contractor’s or subcontractor’s site are included in the unit price. Delivery schedules are specified and priced in terms of a throughput rate.
- Support Services. Firm fixed hourly rate for a given category of labor with each labor category defined in terms of responsibilities/duties and qualifications requirements. The unit price for each labor category CLIN shall be fully burdened to include all costs (e.g., salary/wages, fringe benefits, overhead, general, and administrative) and profit.
- Other Direct Costs (ODC). Categories of direct costs which cannot be included in the fixed unit rates for products or support services are identified as cost reimbursable CLINs. These CLINs identify general classes or categories of items (e.g., travel and shipping) which may be authorized for reimbursement at cost. Offerors are allowed to propose a markup or multiplier to cover administrative handling costs. The multipliers are factors, expressed as percentages, applied against the actual cost of an ODC item to cover administrative handling expenses for task orders that include ODCs. Any ODC item, and resulting multiplier, must be included in the offeror’s proposal, or it will not be considered an allowable charge that is billable under the contract.
- The Government has provided estimated quantities for each CLIN in Attachment 1. The offeror is responsible for inserting the unit prices for each proposed labor or product CLIN. The estimates provided in Attachment 1 are the Government’s best estimates of the amount of products, services, and ODCs that will be required under the contract. These are estimates only. The Government is under NO obligation to order any amount of service, except as provided in Section B.2, “Minimum and Maximum Amounts”.
L.3.1.5 Price Support Information (Information Other Than Cost or Pricing Data)
The Government is not requesting certified cost and pricing data and a complete cost breakdown to support the award of the basic contract. However, to determine price reasonableness/realism, and to administer the contract, the Government requires that the Offeror provide, in a format(s) of its own design, supporting data for all proposed unit prices. Supporting data must clearly show how each unit price was calculated. This shall include any direct labor, equipment, indirect costs, profit, escalation in each of the option periods of the contract, and/or other factors used to determine the fixed unit prices for each CLIN.
L.3.2 Volume II – Technical Proposal
This volume of the proposal shall address the technical requirements of the solicitation document. The Department will use the information provided with this volume to identify distinctions in the quality of offered services and the capability of the firms proposed to perform the work. This volume shall contain a table of contents for all material contained within it and be presented in the format outlined below.
L.3.2.1 Executive Summary
Provide a concise narrative summary of your technical proposal highlighting any key or unique features. Explicitly state whether the offeror qualifies as a HUBZone under this procurement (see Section K) and, if yes, whether it is waiving the price evaluation adjustment (see Section M). In addition, if teaming or subcontracting will be used to perform the contract, identify all team members, business size, and the role each will play. Any summary material presented in the Executive Summary will not be considered to have met the requirements for any portions of other volumes/sections of the proposal.
This section of the proposal shall address/discuss the following:
- How the offeror will staff the contract to ensure satisfactory performance (clearly indicate proposed personnel internal and external to the Offeror’s/team’s organization(s)). Provide a resume for the Program Manager and any other proposed key personnel and describe in detail plans for implementing these positions (See Section H.3). The resume must include a description of the qualifications of the individual proposed. If any of the proposed key personnel are not presently employees of the offering organization, their resumes must be accompanied by a signed letter of commitment to join the offeror’s organization in the event of contract award to the offeror. Each signed letter of commitment must include evidence that the proposed individual and the offeror have agreed on compensation and that the compensation falls within the offeror’s proposed rate structure.
- How the offeror will recruit, train, and retain qualified linguists. At a minimum, the offeror shall discuss: (1) processes for recruiting and retaining linguists who meet the qualifications and skills required; (2) mechanisms for raising and resolving recruitment and retention issues; (3) processes for training potential linguists; and (4) processes for providing ongoing training and professional development to all linguists.
The offeror shall describe how it will perform the work and services required under Section C.4 of the solicitation. At a minimum, the Management section of the proposal shall include/address the following:
- The proposed management structure and processes and how they will benefit this program. Provide an organizational chart for the contract with a brief discussion of all lines of authority. Provide the location of the Program Management Office (PMO), specific staffing for the PMO, specific responsibilities of the PMO and of those staffing the PMO.
- How the offeror will manage multiple simultaneous work assignments performed under multiple work orders at multiple locations where staffing levels, workload, and priorities may change at any time.
- How the offeror will respond to large, urgent projects with extremely short turnaround times in order to meet deadlines while maintaining translation quality.
- How the offeror will ensure the delivery of high-quality services throughout the term of the contract. The offeror shall include a Quality Control Plan which addresses: how performance deficiencies will be identified and corrected; procedures for ensuring that all work products adhere to regulatory requirements, accounting standards and policies; systems for determining periodic inspections; written procedures and instructions for conducting tests; job titles and organizational positions of the individuals who will conduct inspections (and whether they are billed as a direct or indirect charge); and retention quality control records and how these records will be made available to the Government for review. In addition, an acceptable Quality Control Plan shall contain, at a minimum:
- A plan to ensure translation accuracy by using multiple linguists to check each project for accuracy (e.g., every translation has been prepared by one or more qualified translators, and reviewed and approved by qualified reviewer before being returned to the Government);
- A plan to use and maintain the Government’s style preferences, glossary, word bank, database, index of commonly used terms.
- A method of addressing below standard language services including inaccurate translation, reports of interpreter summarizing or paraphrasing, untimely service, misplacing or mishandling Government documents; and,
- A plan to handle unintelligible, inaudible, or illegible information.
- How the offeror will provide required services in a cost-effective manner.
- How communications and coordination with DOJ representatives (the COR, ACOR, and ACO) will be maintained throughout the contract including problem resolution procedures.
- Plan for submitting candidates with personnel security clearances. The plan must include the offeror’s approach to supplying employees who must already be cleared prior to beginning work. The plan must describe the number of cleared employees already on board, offeror’s procedures for hiring on a contingency basis pending security clearance, and its procedures for assigning new hires to work on other contracts pending DOJ security clearance.
A transition plan that addresses how the offeror will assume all contract performance requirements. Assume that the contract will be awarded August 1, 2023, with the transition/start-up period to be completed – and full performance to commence – on or before October 1, 2023. Provide a detailed schedule and describe how you will ensure that all staff have been cleared, are fully trained, and prepared to assume all contract duties and how all required equipment will be delivered by the end of the transition period.
L.3.2.4 Past Performance
Provide five (5) references for commensurate projects that are in progress or were completed within the past three years. References may be from commercial and federal/state government contracts; however, similar support services performed for Federal Government customers will be considered more relevant than those done for commercial or state government customers. The offeror should ensure that its references cover all language services, i.e., translation, transcription, and interpretation projects. The following information is required for each reference:
- Customer name and address.
- Point of contact (name, title, telephone number, and email) for contractual/administrative matters (e.g., the Contracting Officer) and technical performance (e.g., the Contracting Officer’s Representative).
- Contract number.
- Total dollar value of the contract. If performed as part of a team, provide the dollar value of your firm’s contribution.
- Pricing arrangement (firm fixed-price, labor-hour, etc.)
- Period of contract performance.
- Description of work performed.
- Identification of the major teaming partners, subcontractors, or prime contractor and the role played by each.
L.3.2.5 Corporate Experience
- The Department is interested in the extent and relevance of the offeror’s experience in performing work similar to that required under this RFP. At a minimum, this section shall describe the offeror’s recent experience under other contracts with the Federal Government for similar support services. If the offeror is part of a team, the offeror should describe projects where the team has experience working together, particularly under similar contracts with the Federal Government for similar services.
- The offeror should ensure that the corporate experience described in its proposal includes all facets of language services. The Government is particularly interested in the offeror’s experience with Spanish translation projects, transcription projects with Spanish audio or video, and consecutive interpretation assignments.
L.4 Proposal Preparation Costs
This request for proposals does not commit the Government to pay any costs incurred in the submission of any proposal or in making necessary studies for the preparation thereof. Nor does it commit the Government to procure or contract for said services. The Contracting Officer is the only individual who can commit the Government to the expenditure of public funds in connection with this proposed procurement.
L.5 Submission of Offers
The Government will not accept facsimile submissions of offers for this procurement. It is important that the outer envelope or wrapping of your offer be addressed as follows: (NOTE: Failure to so mark the outer cover could be the cause of your offer being misdirected and received too late at the required destination shown below.)
Offeror’s Return Address
U.S. Department of Justice
Procurement Services Staff
145 N Street, NE, Suite 8E-121
Washington, DC 20530
Attn: Pamela F. Pilz
Solicitation No: 15JPSS23R00000040
Closing Date: June 14, 2023 at 1:30 PM.
Note: The Department of Justice continues to experience severe disruptions in delivery of mail to its facilities. For this reason, only courier or overnight mail is acceptable.
L.6 Protests Filed Directly with the Department of Justice (JAR 2852.233-70, Jan 1998)
- The following definitions apply in this provision:
- “Agency Protest Official” means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.
- “Deciding Official” means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.
- “Interested Party” means an actual or prospective offeror whose direct economic interest would benefit by the award of a contract or by the failure to award a contract.
- A protest filed directly with the Department of Justice must:
- Indicate that it is a protest to the agency.
- Be filed with the Contracting Officer.
- State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protest is silent on this matter, the Contracting Officer will decide the protest.
- Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.
- Include the information required by FAR 33.103(d)(2):
(i) Name, address, fax 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.
- An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer of the Agency Protest Official decide the protest.
- The decision by the Agency Protest Official is an alternative to a decision by the Contracting officer. The Agency Protest Official will not consider appeals from the Contracting officer’s decision on an agency protest.
- The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference 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.
- Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.
- The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.
- An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.
- The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.
- The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.
- The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.
L.7 Service of Protest (FAR 52.233-2) (Sep 2006)
- Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of the receipt from the Department of Justice, Director, Procurement Services Staff, 145 N Street, NE, Room 8E-300, Washington, D.C. 20530.
- The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
L.8 Solicitation Provisions Incorporated by Reference
This solicitation incorporates one or more 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 full text of a provision may also be accessed electronically at the following address: http://www.acquisition.gov/far/
|52.215-1||Instructions to Offerors–Competitive Acquisition (Jan 2017)|
|52.222-24||Pre-Award On-Site Equal Opportunity Compliance Review (Feb 1999)|
SECTION M – EVALUATION FACTORS FOR AWARD
M.1 Selection and Award Criteria
M.1.1 General Conditions
- To be considered eligible for award, proposals must meet the following general conditions:
- The offeror’s technical proposal is determined to be acceptable in accordance with the evaluation factors set forth in Section M.2.
- The offeror’s proposed unit prices are determined to be reasonable and realistic in accordance with Section M.3.
- The offeror’s proposal complies with the requirements of law, regulation and conditions set forth in the solicitation; and
- The offeror is determined to be “responsible,” as defined in Federal Acquisition Regulation Subpart 9.1, meets all standards contained therein, and is otherwise eligible for receiving award.
- The offeror’s technical and price proposals must demonstrate a clear understanding of the nature and scope of the services required. Failure to provide a realistic, reasonable, and complete technical and price proposal may reflect a lack of understanding of the contract requirements and may result in a determination that the offer is unacceptable.
M.1.2 Award Criteria
(a) The Government will evaluate proposals on the basis of two factors: technical merit and price. Technical merit is comprised of the technical evaluation factors listed in Section M.2.1. The Government’s assessment of technical merit will be based on information provided with the offeror’s proposal as may be augmented by information gathered from checking the past performance references and discussions (if held). If a team is proposed for the work, the team will be evaluated as a whole. The Government will confirm the accuracy of each offeror’s total evaluated price calculation and assess the reasonableness and realism of the unit prices and the total evaluated price for performing all services.
(b) In deciding which offeror represents the best overall value, the Government will consider technical merit to be significantly more important than the proposed price. The best value selection decision will be made as described below:
(1) The total evaluated price will be the determining factor for award where all proposals are considered substantially equal from a technical merit standpoint.
(2) If the Government determines that there are differences that render competing proposals not substantially equal in technical merit, then a more expensive proposal may be selected for award if the Government determines that the value of the selected proposal is worth the price differential.
M.1.3 Evaluation Process
- The Government will evaluate each proposal to determine which offer represents the best overall value to the Government, price and other factors considered. Other factors include the various technical evaluation factors described in this Section.
- Discussions and Proposal Revisions. The Government reserves the right to award a contract without conducting discussions. If the Government determines that discussions are necessary, discussions will only be held with those offerors determined to be in the competitive range (see FAR 15.306). If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint.
M.2 Technical Evaluation
- The relative importance of the technical evaluation factors described in paragraph M.2.1 is shown in the below table. A numerical scoring system will be used as a guide to provide a consistent means for ranking all technical proposals.
|Numerical Scoring System|
Technical Evaluation Factor
|TOTAL POSSIBLE SCORE||100|
- Mere restatement of the requirements or assertions that the proposal is compliant with the RFP without containing an appropriate description of the offeror’s capabilities will be grounds for the Government to assign a very low rating for those evaluation factors and determine that the offer is unacceptable. Generally speaking, generic information will be rated lower than information well-tailored to DOJ’s requirements.
M.2.1 Technical Evaluation Factors
- Staffing. The Government will assess each offeror’s ability to recruit and place highly qualified personnel staff capable of adequately providing high-quality language services on short notice. The Government will also assess each offeror’s ability to retain an adequate pool of such qualified personnel, processes for training potential linguists, and providing professional development opportunities to all linguists.
- Management. The Government will assess each offeror’s understanding of the proposed contract and ability to manage the contract in an efficient and effective manner. The evaluation will consider the offeror’s management structure and processes, key personnel qualifications, and resources. The Government will evaluate the offeror’s ability to direct, monitor, and control multiple assignments under the contract; as well as respond to large, urgent projects with extremely short turnaround times while maintaining high translation quality. The Government will assess the offeror’s Quality Control Plan. The Government will evaluate the offeror’s Transition Plan for assuming contract performance requirements, including ensuring that all personnel have been cleared, are fully trained, and prepared to assume all contract duties at the close of the transition period.
- Past Performance. Past Performance is a measure of the degree to which the offeror, as an organization, has satisfied its customers. The Government will check, to the extent it deems necessary, each offeror’s client references to inquire about: the quality and timeliness of the offeror’s work; ability to stay within budget; reasonableness of its business behavior; and technical and management capabilities. The Government may expand the evaluation to include references not contained in the offeror’s submission. The actual number of references checked is entirely at the Government’s discretion.
- Corporate Experience. The Government will assess the extent and relevance of each offeror’s work history to determine whether the offeror has had the experience in effectively performing the services specified in this RFP. The Government will give added preference for experience under similar contracts with the Federal Government. If a team is proposed, added preference will be given where the team has experience working together, particularly under similar contracts with the Federal Government for similar services.
M.3 Pricing Evaluation
- To be considered for award, the offeror must submit prices/multipliers which comply with the requirements of Sections B and L.3.1. Offerors that fail to comply with all of these requirements will receive no further consideration and may be eliminated from this evaluation.
- For price evaluation purposes, the Government will verify the accuracy of the data contained in the offeror’s pricing table (Attachment 1). There is no guarantee that actual quantities ordered during the term of the contract will be the same as that in the table.
- The Government will assess the extent to which the offeror meets or exceeds the subcontracting goals delineated in Section L.3.1.2(a). The Government will also determine the realism of the Offeror’s proposed approach to achieving the subcontracting goals it proposes.
- FAR clause 52.219-4 entitled “Notice of Price Evaluation Preference for HUBZone Small Business Concerns” (incorporated by reference in section I.1) is applicable to the evaluation of all price proposals. Pursuant to paragraph (b)(1) of 52.219-4, an amount equal to 10% of the total cost of an offeror’s price proposal will be added to the offeror’s total evaluated price except for (1) offers from HUBZone small business concerns that have not waived the evaluation preference, or (2) otherwise successful offers from small business concerns.
Note: To claim the adjustment at least 50% of the cost of personnel for contract performance must be spent for employees of the offeror or employees of other HUBZone small business concerns as required by FAR clause 52.219-4(d)(1).
- The Government will evaluate the realism and reasonableness of each offeror’s proposed unit prices by comparing them to each other and (where available and necessary) other contracts for similar items. Prices which represent a probable loss position for the offeror may be judged unrealistic. Prices which are extreme or excessive may be judged unreasonable.
- The Government may reject an offer as being unacceptable if it is materially unbalanced as to prices for individual CLINs within the same contract period and prices for the base period and the option periods.
M.4 Evaluation of Option Periods
For award purposes, in addition to an offeror’s response to the base period requirements, the Department will evaluate the offeror’s technical and price response to all contract option periods. Evaluation of option periods will not obligate the Department to exercise the options.