EFTA00156693.pdf

15JA5421P00000117 Page 1 of 19 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 I SJA54-2I-PR-0199 2. CONTRACT NO. 3 AWMDEFFECTIVE 4. ORDER NUMBER 5. SOUCITATION NUMBER & SOLICITATION ISSUE DATE DATE 151A5421P00000117 03/0812021 a NAME b. TELEPHONE NUMBER (Ma =Abed caN) & OFFER DUE DATE/ LOCAL 7. FOR SOLICITATION TIME INFORMATION CALL: 9. ISSUED BY COOS 111454 to. THE ACQUISITION IS ID UNRESTRICTED OR O SET ASIDE: % FOR US. Auorneys Office Southern District of New York One Sr. Andrew's Plata ❑ %W.I. WSW:* ❑ VOCT.04.0MIEDSUALL FUMES, MO el EuCulkE RIDER TIE WOWENOKNED New York. NY 101/07 ❑ HueZOTE SKTIFT r Swat CeJSMESS MOGAN' eusmss MVOS. 621112 Lj ECrIOSEI O SEAVKE °SABLE° YETERANOVerE0 SWKE BuSprESS m ■ = 814 saESTANOPAD:12.000000.1 0 II. DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13:o. RATING UNLESS BLOCK IS MARKED 13a. THS CONTRACT GA SEE NET 30 RATED ORDER UNDER COPS 14. ME71/00 OF SOLICITAGON SCHEDULE 05 CFR 700 O AF0 ❑ IFS ❑RFP 15 DELIVER TO CODE I 15 ADMIMSTERED BY CODE 1 151A54 SEE SCHEDULE V.S. Mum y& Office &nohow District of New York One Si Andrew's Plan New York. NY I OM 17$. CONTRACTOR/ CO0E10205g3856 I FACUTY A 18$. PAYMENT WV. BE MADE BY CODE I UNYS OFFEROR CODE Lisa M. Rocchio. Ph.D. & Associates. Inc. V.S. Attorneys Office &radian Donna of New York 86 Chambers Street New York. NY 11/007 IFI FPNCR4E µO ❑I 7b. CHECK IF REMITTANCE rS Oir FERENT AK D PUT SUCH ADCCUESS TV lab. SUBMIT INVOICE ADDRESS SHOWN IN BLOCK RN UNLESS BLOCK BELOW IS OFFER CHECKED SEE ADDENDUM 19. 2D. 21. 22. 23. 20. ITEM NO. SCHEDULE OF SUPPLIESSERVICES OUANTITY UNIT UNIT PRICE AMOUNT a R2INYSW1091 Expert Witness Services - Psychology U.S. v. Maxwell 20-CR-00330 2018R01618 Estimated POP: 3/8.12021 - 12/31/2021 POC: AUSA See Continuation Sheet(s) ( 17. 0^,,wa4,..A.“1.huila•osw, “..wunw, ) 25 ACCOUNT NG ARO APPROPRIATION DATA 25 TOTAL AWARD AMOUNT (For 004. USOOnyi )MD-20.21-0311XDIR-JC2-N VS-EV/kr-EX W-I 1804-1157-2021 S45 000 00 D 27a SCLICITAT/CN INCONPONATES BY REFERENCE FM 52.212.1. 52 2124. FAR 522123 AND 522124 ARE ATTACHED ADDENDA 0 ARE 0 ARE NOT ATTACHED O 27b CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 522124. FM 5221 .5 IS ATTACHED. ADDENDA 9 ARE ID ARE NOT ATTACHED ❑ 213. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT Ate RETURN COPIES TO ISSUINGOFFICE. CONTRACTOR AGREES TO FURNISH MID DEUVER ALL ITEMS SET FORTH D 29. AWARD OF CONTRACT: REF. DATED OFFER YOUR OFFER ON SOUCITATION (BLOM 5) INCLUDING ANY ADDITIONS CA CRINGES WHICHME SET FORTH HERM OR OTHERWISE IDENTIFIED MOVE AND ON ANY ADDTIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED IS ACCEPTED AS TO ITEMS: 30a SIGNATURE OF OFFERORCONTRACTOR 31a. UNITED STATES OF ALIERICA (WC:NATURE OF CONTRACT/AG OFFICER:, 3Cb NAME AND TITLE Cf SIGNER f lYPG OR PRAVG 31b. RNA OF THE CONTRACTING OFFICER (TYPE OR PRAM 31c. DATE SIGNED 03/08/2021 AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1049 (REV. 220121 PREVIOUS EDITION IS NOT USABLE Pr/Herbed by GSA • FAA (4s CFRI 51212 3502-007 Page 1 of 19 EFTA_00001352 EFTA00156693  15JA5421P00000117 Page 2 of 19 20. 21. 22. 23. SCHEDULEOF SUPPLIESSERVICES OUANTITY UNIT UNIT PRICE A1.1:-JN1 32a. OUANTITY N COLU1AN21 HAS BEEN RECEIVED 0 INSPECTED 0 ACCEPTED.AND CONFORMSTO THECONTRACT.EXCEPTAS NOTED: 32b. SIGNATUREOF AUTHORIZEDGOVERNMENT 324. DATE 320. PRINTEDNAME AND TITLEOF AUTHORIZEDGOVERNMENT REPTIESENTATNE REPRESENTATIVE 32e. MAILINGADDRESSOF AUTHORIZEDGOVERNMENTREPRESENTATIVE 321. TELEPHONENUMBEROF AUTHORIZEDGOVERNMENT REPRESENTATIVE 329. E-MAILOF AUTHORIZEDGOVERNMENTREPRESENTATIVE 33. SHIP NUMBER 34. VOUCHERNUMBER 35. AMOUNTVERIFIED 36. PAYMENT 37. CHECKNUMBER CORRECTFOR DCOMPLETE OPARTIAL FINAL n PARTIAL FINAL 38. SR ACCOUNTNUMBER 39. SIR VOUCHERNUMBER 40. PAIDBY 41a. I CERTIFYTHIS ACCOUNTIS CORRECT ANDPROPER FOR PAYMENT 42a. RECEIVEDBY (Punt) 4113. SIGNATUREAND TITLE OF CERTIFYINGOFFICER 41c. DATE 421. RECEIVEDAT (Location) 42c. DATE RECD (YtillAWDD) 420. TOTALCONTAINERS STANDARDFORM1449 (REV.02)2012 ) BACK 3502-007 Page 2 of 19 EFTA_00001353 EFTA00156694  15JA5421P00000117 Page 3 of 19 Table of Contents Section Description Page Number 1 Solicitation/Contract Form 1 2 Commodity or Services Schedule 4 2-3 Specifications/Work Statement 6 EOUSA Al-10-1C Data Security Contract Clause for Contracts Involving the PII of 25 or Fewer Individuals (July 2016) 8 EOUSA AI-10-IA Notice of Contractor Personnel Security Clearance Requirements (May 2016) 10 3 Contract Clauses 12 52.212-5 Contract Tams and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jan 2021) 4 List of Attachments 19 3502-007 Page 3 of 19 EFIA_00001354 EFTA00156695  15JA5421P00000117 Page 4 of 19 Section 2 - Commodity or Services Schedule SCHEDULE OF SUPPLIES/SERVICES CONTINUATION SHEET ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNR PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0001 Examine Case 0 $0.0000 $0.00 $0.00 $0.00 Time and Materials PSC: R424 Une Period of Performance: 0308/2021 -12/312021 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0002 Prepare Testimony 50 HR $450.0000 $0.00 $0.00 $22.500.00 Time and Materials PSC: R424 Une Period of Performance: 03/08/2021 - 12/31/2021 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0003 Court Testimony 50 HR $450.0000 $0.00 $0.00 $22.500.00 Time and Materials PSC: R424 Line Period of Performance: 03108/2021 - 12/31/2021 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0004 Travel Time 0 $0.0000 $0.00 $0.00 $0.00 Time and Materials PSC: R424 Line Period of Performance: 030812021 -12/3112021 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0005 Deposition 0 $0.0000 $0.00 $0.00 $0.00 Time and Materials PSC: R424 Une Period of Performance: 03/08/2021 -12/3112021 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0006 Meals and Incidental Expenses 1 EA $0.0000 $0.00 $0.00 $0.00 Time and Materials 3502-007 Page 4 of 19 EFTA_00001355 EFTA00156696  15JA5421P00000117 Page 5 of 19 PSC: R424 Line Period of Performance: 03/08/2021 - 12/31/2021 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0007 Privately Owned Vehicle (NTE coach rate) 0 ML $cL0000 $0.00 $0.00 $0.00 Time and Materials PSC: R424 Une Period of Performance: 03/08/2021 -12/312021 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0008 Lodging Reimbursement (Including Lodging Taxes) I EA $aocao $0.00 so.00 $0.00 Time and Materials PSC: R424 Une Period of Performance: 03/08/2021 -12/3112021 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0009 Lodging via GTA (Including Lodging Taxes) I EA $a0000 $0.00 $0.00 $0.00 Time and Materials PSC: R424 Une Period of Performance: 03/08/2021 - 12/31/2021 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0010 Common Carrier Transporlation Via GTA I EA $0.0000 $0.00 $0.00 $0.00 Time and Materials PSC: R424 Une Period of Performance: 03/08/2021 -12/3112021 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0011 Common Carrier Transporlation Reimbursed I EA $0.0000 $0.00 $0.00 $0.00 Time and Materials PSC: R424 Une Period of Performance: 03/08/2021 - 12/31/2021 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT COSTS COSTS 0012 Other Expenses 1 EA $amoo $0.00 50.00 $0.00 Time and Materials PSC: R424 Una Period of Performance: 03/08/2021 -12/3112021 TOTAL $45.000.00 3502-007 Page 5 of 19 EFTA_00001356 EFTA00156697  15JA5421P00000117 Page 6 of 19 FUNDING DETAILS: m ITEM FUNDING LINE OBLIGATED AMOUNT ACCOUNTING CODES NO. WA 1 545.001100 JMD-2021.0311XDIR-JC2-NYS.EXW.EXW-11804-1157-2021 TOTAL: 5.000.00 2-3 Specifications/Work Statement The United States Attorneys' Office (USAO) conducts litigation in the Southern District of New York on behalf of the United States of America. Frequently. there is a need for expert witness work prior to a case going to trial and during the trial. When appropriate. and pursuant to guidelines implemented by the Department of Justice, a USAO may enter into contracts with expert witnesses, functioning as independent contractors, to conduct record reviews and data analyses in preparation for testimony in person or by written report and to provide such testimony in court or by trial deposition. In this particular case, the USAO has determined that an expert witness is necessary to testify in litigation for the government and such services are not available from the agency being represented or from another agency. Through this statement of work, the USAO is seeking the services of a contractor to review records, analyze data, interview witnesses. prepare testimony, testify. and other work pertinent to the case. Retention The contractor will be available to commence work for the USAO upon receipt of an executed copy of this contract or a verbal notice to proceed. The contractor agrees not to work for any other person or party involved in this case on matters relating to this case for thirty (30) days after he/she is verbally retained, or upon acceptance of this contract, unless notified earlier by the USAO. Should the thirty (30) days lapse without receipt of an executed contract or notice to proceed. the contractor is free to accept work from any other party. Scope of Work The contractor shall: Provide all plant labor, material and equipment except as otherwise provided to perform expert witness services as required by USAO and in connection with such services agrees to perform such document review, studies and research so as to be able to testify in person or by written report as an expert witness with respect to the contractor's findings. Testify as an expert witness during the trial either in person or by written report. unless notified to the contrary by the AUSA, and must be willing to comply with all requirements of the court as well as local and/or federal rules for such purpose. Assist the USAO in the obtaining of one or more additional expert witnesses, as needed to support the testimony of the contractor in person or by written report. who are competent and willing to render a scientifically-supportable opinion and sign an appropriate affidavit, acceptable to the expert. prepared by the USAO, based upon the findings of the expert and the facts of the Case. Exercise neutrality and maintain independence. The contractor shall determine the manner in which the services are to be performed and the specific hours to be worked by the contractor except when the contractor's testimony is required at a specific time and place. Be of good professional standing and moral character, generally board eligible or board certified in the area of specialty or having other appropriate qualifications through training or experience: to act as the USAO's expert witness in the Case, the rendering of oral and written opinions, the signing of affidavits, giving depositions or courtroom testimony under oath and directly consulting with the USAO. 3502-007 Page 6 of 19 EFTA_00001357 EFTA00156698  15JA5421P00000117 Page 7 of 19 The full scope of contractor's work will be determined as the matter proceeds. and will be subject to the needs and requests of the USAO. Occasionally the complexity of the case requires more review hours than initially estimated. Any time it becomes apparent to the contractor that he/she will need to exceed the time and cost estimates provided to complete his/her work, he/she will provide the USAO with a revised estimate and shall proceed only after being granted permission by the USAO. Specific deliverables known at this time include: In United Stares v. Maxwell. the Government has charged the defendant with various crimes related to the sexual abuse of mionrs. The Government anticipates that this case will proceed of trial. At trial. Dr. Rocchio will serve as a testifying expert to explain various topics related sexual abuse and trauma. Specifically. Dr. Rocchio will serve as a testifying expert, based on her professional experience and research. regarding the psychology of sexual abuse, including by explaining the following concepts: grooming. delayed reporting of child sexual abuse, attachments that form between abusers and victims of sexual abuse, and the effects of sexual abuse on memory. In advance of her trial testimony. Dr. Rocchio will meet with the Government for preparation sessions; assist the Government in responding to motions related to her expert testimony. as needed; and review any materials provided by the Government. or other relevant materials relevant to the above subject matters as necessary in advance of her testimony. Dr. Rocchio shall be compensated at a rate of $450 per hour to perform the work described above, including travel time. This list of deliverables may not be all inclusive; additional deliverables may be identified by the USAO throughout the duration of this contract. FAR 31.20546 Travel Costs. When travel is authorized by the Government. transportation, lodging, meals and incidental expenses will be reimbursed in accordance with conditions set out in the Federal Travel Regulation (Title 41 Code of Federal Regulations). Rates listed elsewhere in this contract for mileage and per them are subject to change and will be reimbursed in accordance with the rates established by the Federal Travel Regulation. Federal Travel Regulations may be found at this address: hup://www.gsa.gov/. Option to Extend Term of the Contract The Government may unilaterally extend the term of this contract by written notice to the contractor provided the Government does so before the contract expires. If any such extension causes an increase in the cost of performance on the contractor then the contractor may. within 30 days, request an equitable adjustment in the contract price. The Government shall make an equitable adjustment in the contract price and modify the contract to reflect the adjustment for all fair and reasonable requests. The total duration of this contract, including unilateral extensions, may extend no longer than 90 days beyond disposition of the Case. Relationship of the Parties Notwithstanding any provision hereof, for all purposes of this contract the contractor shall be and act as an independent contractor and not an employee of the USAO, thereby incurring all expenses associated with the work, including any overhead and other direct costs. The USAO will not provide fringe benefits, including health insurance benefits, paid vacations, or any other employee benefit. for the contractor. The contractor shall make no representation as an agent. employee, partner, or joint venturer of USAO. The contractor shall have no authority to bind nor attempt to bind USAO or incur other obligations on behalf of USAO. The contractor is an independent contractor and is solely responsible for all taxes. withholdings. and other statutory or contractual obligations of any sort, including, but not limited to. Workers' Compensation Insurance; and the contractor agrees to defend. indemnify and hold USAO harmless from any and all claims. damages, liability, attorneys' fees and expenses on account of an alleged failure by the contractor to satisfy any such obligations or any other obligation (under this contract or otherwise). If the contractor is a corporation. it will ensure that its employees and agents are bound in writing to the contractor's obligations under this Contract. Confidentiality The contractor recognizes that the USAO has and will have law enforcement interests, as well as non-privileged information obtained from federal agencies and employees. and other proprietary information (collectively "information") which are valuable. special and unique assets of the USAO. The contractor agrees that other than provided by law, he/she will at no time or under any circumstances. directly, or indirectly, divulge, disclose. or communicate information to a third party, or use it for its own benefit without the prior written permission from the USAO. The contractor may disclose information to its employees and subcontractors, who may be working on the case, in order to facilitate the testimony to be provided by the expert in person or by written report. unless notified to the contrary by the USAO. The contractor and its employees and subcontractors will protect the information and treat it as strictly confidential. 3502-007 Page 7 of 19 EFTA_00001358 EFTA00156699  15JA5421P00000117 Page 8 of 19 In the performance of services under this contract, the contractor, its employees and/or its subcontractors may be required to perform operations. have access to, or handle data which contain sensitive. proprietary. or privacy information or data such as, but not limited to, review or an individuate tax records or medical records (such as patient files or prescription records) or other materials containing individual tax or medical information (such as medical utilization reports from carriers, workers' compensation claim files, personnel files, or court records which include medical or tax reports). The contractor agrees that the following additional safeguards apply to such information: The contractor shall be responsible for safeguarding the information or data while under the control of or available to the contractor and to prevent it from being compromised. altered, damaged, lost, or improperly disseminated. The contractor shall use such information solely for purposes of the particular court case. Access to any such information or document should be strictly limited to persons with a legitimate and compelling need for that information, such as support staff needed to assist in the preparation of testimony in person or by written report. The Contractor shall ensure that any such persons use such information solely or purposes of the particular court case and protect the confidentiality of such information. The contractor shall ensure that all records are maintained securely so that access is strictly limited. At the end of the contractor's engagement in this matter, all copies of such records shall be returned to the USAO. All questions about these safeguards and the records which they cover shall be directed to the AUSA. The confidentiality provisions of this contract shall survive any termination of this contract. ConflictoUnretest The contractor warrants that he/she is under no obligation to any other entity that in any way conflicts with this contract. that he/she is free to enter into this contract, and is under no obligation to consult for others in matters covered by this contract. The contractor shall not, during the term of this contract, perform consulting services for others in any related or similar cases within the scope of this contract but shall have the right to perform consulting services for others outside the scope of this contract. If. for any reason, the USAO or the contractor determines that the contractor and/or an employee or subcontractor of the contractor faces a potential. perceived, or real conflict of interest, the USAO shall notify the contractor or the contractor shall notify the USAO of the potential, perceived, or real conflict of interest and the contractor and/or contract employee or subcontractor shall cease all work on or reassign the task or proceed at the discretion of the USAO. At the USAO's option, the contractor may provide an acceptable replacement. Government Liability The United States, its agents, agencies. departments. employees, and/or contracting officials shall not be liable for any injury to the contractor. its subcontractors, agents. personnel. or damage to the contractor property unless the injury or damage is due to negligence on the USAO's part and may be recoverable under the Federal Ton Claims Act. Return of Records Upon termination of this contract, the contractor will deliver all records. notes. data or memorandum that was received from the USAO, and are in the contractor's possession or under the contractor's control and are the USAO's property or relates to the USAO's business. The contractor may properly destroy this material upon permission of the USAO. EOUSA Al- I 0-IC Data Security Contract Clause for Contracts Involving the Pll of 25 or Fewer Individuals (July 2016) Data Security Contract Clause for Contracts Involving the P11 of 25 or Fewer Individuals (July 2016) The following clause applies to all contracts involving the personally identifiable information (P11) of 25 or fewer individuals. Pll refers to information that can be used to distinguish or trace an individual's identity. such as his or her name, social security number. biometric records, etc., whether alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth. mother's maiden name, etc. Pll is defined at this link: http://www.gsa.gov/portalkontent/104256. 3502-007 Page 8 of 19 EFTA_00001359 EFTA00156700  15JA5421P00000117 Page 9 of 19 Contractors using information systems that are subject to the data security requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) already are subject to the data security standards outlined below, and, therefore, only paragraphs (g), (h). and (i) apply. (a) Contractors must ensure that computer hardware is secure and shall take the steps outlined below: (1) Keep your firewall turned on: A firewall helps protect your computer from hackers who might try to gain access to crash it, delete information, or even steal passwords or other sensitive information. Software firewalls are widely recommended for single computers. The software is prepackaged on some operating systems or can be purchased for individual computers. For multiple networked computers. hardware routers typically provide firewall protection. although the contractor must verify this. (2) Computers must be protected by username/password logins and password-protected screensavers (after 15- min. idle). Computer accounts cannot be shared with other users. Contractors must report an incident to the EOUSA Security Operations Center at 803-705-5533 within one hour if their account is accessed by another user. (3) Install and update your antivirus software: Antivirus software is designed to prevent malicious software programs from embedding in your computer. If it detects malicious code, like a virus or a worm, it works to disarm or remove it. Viruses can infect computers without users' knowledge. Most types of antivirus software can be set up to update automatically. (4) Install and update your antispyware technology: Spyware is just what it sounds like-software that is surreptitiously installed on your computer to let others peer into your activities on the computer. Some spyware collects information about you without your consent or produces unwanted pop-up ads on your web browser. Some operating systems offer free spyware protection, and inexpensive software is readily available for download on the Internet or at your local computer store. Be wary of ads on the Internet offering downloadable antispyware—in some cases these products may be fake and may actually contain spyware or other malicious code. (5) Maintain active and supported operating systems and application software. Computer operating systems (e.g.. Windows 8.0) and application software (e.g.. Microsoft Word) have a lifecycle that begins when a product is released and ends when it's no longer supported. Install and maintain security updates and fixes updated to stay in tune with technology requirements and to fix security holes. Be sure to install the updates to ensure your computer has the latest protection. (6) Be careful what you download: Carelessly downloading e-mail attachments can circumvent even the most vigilant anti-virus software. Never open an e-mail attachment from someone you don't know and be wary of forwarded attachments from people you do know. They may have unwittingly advanced malicious code. (7) Turn off your computer: With the growth of high-speed Internet connections, many opt to leave their computers on and ready for action. The downside is that being "always on" renders computers more susceptible. Beyond firewall protection. which is designed to fend off unwanted attacks, turning the computer off effectively severs an attacker's connection—be it spyware or a botnet that employs your computer's resources to reach out to other unwitting users. (b) You must encrypt files related to this project on your computer whenever you are not working on them using a standard software encryption product such as Winzip (Version 18.5 or later with the Windows FIPS 140-2 validated cryptographic modules enabled). Securezip, or any other product that meets Federal Information Processing Standard (FIPS) 140-2. If you do not already have a suitable encryption program on your computer. you can download one of these products easily. (c) If the data under this contract will be accessed by more than one person. rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use: prohibition against unauthorized users: and protection of sensitive data and Pit. You can comply by having all users sign these rules: 1. Keep all data and information received from the government confidential. 2. Do not leave it unattended in a place where an unauthorized person might read, copy, or take it. 3. Do not transmit it without encryption from one computer to another. 4. If confidentiality is breached, inform 'name principal of the contractor] within one hour of suspected breach so the United States can fulfill its obligations. (d) All Pll data must be deleted from all contractor-owned devices within 15 days of contract termination or contractor completion. The Contracting Officer (CO) must receive a written certification, either via email or letter, that the contractor has 3502-007 Page 9 of 19 EFTA_00001360 EFTA00156701  15JA5421P00000117 Page 10 of 19 deleted all PH. This bulletin outlines approved method of data destruction: please see Appendix 1, which begins on page 26: http://nvIpubs.nistgovrnistpubs/SpecialPublications/NIST.SP.800-88r1.pdf. (e) All files related to this project, and contractor-owned removable media (such as removable hard drives, flash drives. CDs, or floppy disks containing DO1 data) shall not be removed from DOJ facilities (either physically or electronically, such as by email) unless encrypted using a NIST FIPS 140-2 approved product. Please note that this requirement refers to transferring information between systems and storage devices (such as back and forth between contractor and DO.1 attorney), while paragraph (b) above applies to data while it is on your computer. NOTE: As an alternative to media encryption, DOJ data may be securely exchanged between contractors and USAO personnel via the approved U.S. Attorneys' File Exchange (USAfx) web portal. (t) Contractors shall keep an accurate inventory of DOJ-owned devices used on DOJ contracts. It is understood that not all users will receive a Dal-owned device. If equipment is provided, then the contractor, as well as the USAO providing the devices, must maintain an inventory of accountable DOJ property. (g) If a data breach is suspected, the contractor shall. within one hour of discovery, report the breach to the EOUSA Security Operations Center (SOC) at 803-705.5533. (h) The contractor must coordinate with EOUSA and the Department on notifying any individual whose Pll was, or is reasonably believed to have been, breached. (i) The contractor must require that all subcontractors under this contract (if any) adhere to all applicable security contract requirements. (end of clause) EOUSA Al- I 0-1A Notice of Contractor Personnel Security Clearance Requirements (May 2016) Notice of Contractor Personnel Security Clearance Requirements (May 2016) Where performance under this contract/task or delivery order/call requires contractor personnel to have access to Department of Justice (DOI) information, systems or facilities, contractor personnel will be subject to the background clearance requirements of Homeland Security Presidential Directive (HSPD)-12, OMB Guidance Memorandum M-05-24. FIPS Publication 201 and DOJ policy implementing HSPD-12 requirements. Background clearance requirements are determined by the risk level of each position. type of access and length of access required. Further information on background security clearance requirements applicable to contractor personnel proposed for performance on this contract/order/call may be obtained from the Contracting Officer. All contractor personnel must meet the DOJ Residency Requirements. He/She must have lived in the United States three of the last five years immediately prior to start of performance on this contract/order/call, and/or worked for the United States overseas in a federal or military capacity. and/or be a dependent of a federal or military employee serving overseas. Specific limited waiver request requirements - contractor personnel performing duties for a cumulative total of 14 days or less where there is a critical need for their specialized and unique skills (as solely determined by the Government) may be proposed for a waiver of the Residency Requirement by the contractor. Contractor personnel who are non-US citizens proposed for such a waiver of the Residency Requirement must be from a country allied with the United States (Since the countries on the Allied Countries List are subject to change. the contractor may review the following website for current information: http://www.opm.gov For contracts/orders/calls where access to DOJ information systems is involved, non-US citizens are not permitted to have access to or assist in the development. operation. management or maintenance of any Dal IT system. unless a waiver is granted by the head of the Component, with concurrence of the Department Security Officer (DSO) and DOJ Chief Information Officer (CIO). Any such waiver must be in writing and be obtained prior to allowing any contractor employee who is the subject of the waiver request to begin work under this contract/order/call. The above requirements apply to any and all contractor employees requiring access to DOJ information systems or facilities. including subcontractor personnel, if applicable. 3502-007 Page 10 of 19 EFTA_00001361 EFTA00156702  15JA5421P00000117 Page 1 1 of 19 (end of clause) 3502-007 Page 11 of 19 EFIA_00001362 EFTA00156703  15JA5421P00000117 Page 12 of 19 Section 3 - Contract Clauses A.1 ADDENDUM TO FAR 52.212-4, Specifications/Work Statement The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4. Clauses By Reference 51252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference. with the same force and effect as if they were given in full text. Upon request. the Contracting Officer will make their full text available. Also. the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov Clause Title Fill-ins (if applicable) 52.212.4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.212.4 All I Contract Terms and Conditions-Commercial Items (Oct 2018) - Alternate I (Jan 2017) Clauses By Full Text [END OF ADDENDUM TO FAR 52.212-4] 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jan 2021) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19. Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E. Title VII, of the Consolidated and Further Continuing Appropriations Act. 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23. Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and