EFTA00156693.pdf
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15JA5421P00000117 Page 1 of 19
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
I SJA54-2I-PR-0199
2. CONTRACT NO.
151A5421P00000117
3 AWMDEFFECTIVE
DATE
03/0812021
4. ORDER NUMBER
5. SOUCITATION NUMBER
& SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a NAME
b. TELEPHONE NUMBER (Ma =Abed caN)
& OFFER DUE DATE/ LOCAL
TIME
9. ISSUED BY
COOS
US. Auorneys Office Southern District of New York
111454
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II. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
SEE
SCHEDULE
12. DISCOUNT TERMS
NET 30
13a. THS CONTRACT GA
RATED ORDER UNDER COPS
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13:o. RATING
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18$. PAYMENT WV. BE MADE BY
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V.S. Attorneys Office &radian Donna of New York
86 Chambers Street
New York. NY 11/007
Lisa M. Rocchio. Ph .D. & Associates. Inc.
IFI FPNCR4E µO
❑I 7b. CHECK IF REMITTANCE rS Oir FERENT AK D PUT SUCH ADCCUESS TV
OFFER
lab. SUBMIT INVOICE
CHECKED
ADDRESS SHOWN IN BLOCK RN UNLESS BLOCK BELOW IS
SEE ADDENDUM
19.
ITEM NO.
2D.
SCHEDULE OF SUPPLIESSERVICES
a
21.
OUANTITY
22.
UNIT
23.
UNIT PRICE
20.
AMOUNT
R2I NYSW1091
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
)M D-20.21-0311XDIR-JC2-N VS-EV/kr-EX W-I 1804-1157-2021
25 TOTAL AWARD AMOUNT (For 004. USOOnyi
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
K
213. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT Ate RETURN
COPIES TO
ISSUINGOFFICE. CONTRACTOR AGREES TO FURNISH MID DEUVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED MOVE AND ON ANY ADDTIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED
30a SIGNATURE OF OFFERORCONTRACTOR
D 29. AWARD OF CONTRACT: REF.
OFFER
DATED
YOUR OFFER ON SOUCITATION (BLOM 5)
INCLUDING ANY ADDITIONS CA CRINGES WHICH ME SET FORTH HERM
IS ACCEPTED AS TO ITEMS:
3Cb NAME AND TITLE Cf SIGNER f lYPG OR PRAVG
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
31a. UNITED STATES OF ALIERICA (WC:NATURE OF CONTRACT/AG OFFICER:,
31b. RNA OF THE CONTRACTING OFFICER (TYPE OR PRAM
31c. DATE SIGNED
03/08/2021
STANDARD FORM 1049 (REV. 220121
Pr/Herbed by GSA • FAA (4s CFRI 51212
0
3502-007
Page 1 of 19
EFTA_00001352
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20.
SCHEDULE OF SUPPLIESSERVICES
21.
OUANTITY
22.
UNIT
23.
UNIT PRICE
A1.1:-JN1
32a. OUANTITY N COLU1AN 21 HAS BEEN
RECEIVED 0
INSPECTED
0
ACCEPTED. AND CONFORMS TO THE CONTRACT. EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPTIESENTATNE
324. DATE
320. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
329. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER
34. VOUCHER NUMBER
35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
DCOMPLETE OPARTIAL
FINAL
37. CHECK NUMBER
n
PARTIAL
FINAL
38. SR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
42a. RECEIVED BY (Punt)
4113. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41c. DATE
421. RECEIVED AT (Location)
42c. DATE RECD (YtillAWDD)
420. TOTAL CONTAINERS
STANDARD FORM 1449 (REV.02)2012) BACK
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EFTA_00001353
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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
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EFIA_00001354
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Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNR PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0001
Examine Case
Time and Materials
PSC: R424
Une Period of Performance: 0308/2021 -12/312021
0
$0.0000
$0.00
$0.00
$0.00
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0002
Prepare Testimony
Time and Materials
PSC: R424
Une Period of Performance: 03/08/2021 - 12/31/2021
50
HR
$450.0000
$0.00
$0.00
$22.500.00
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0003
Court Testimony
Time and Materials
PSC: R424
Line Period of Performance: 03108/2021 - 12/31/2021
50
HR
$450.0000
$0.00
$0.00
$22.500.00
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0004
Travel Time
Time and Materials
PSC: R424
Line Period of Performance: 030812021 -12/3112021
0
$0.0000
$0.00
$0.00
$0.00
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0005
Deposition
Time and Materials
PSC: R424
Une Period of Performance: 03/08/2021 -12/3112021
0
$0.0000
$0.00
$0.00
$0.00
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0006
Meals and Incidental Expenses
Time and Materials
1
EA
$0.0000
$0.00
$0.00
$0.00
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PSC: R424
Line Period of Performance: 03/08/2021 - 12/31/2021
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0007
Privately Owned Vehicle (NTE coach rate)
Time and Materials
PSC: R424
Une Period of Performance: 03/08/2021 -12/312021
0
ML
$cL0000
$0.00
$0.00
$0.00
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0008
Lodging Reimbursement (Including Lodging Taxes)
Time and Materials
PSC: R424
Une Period of Performance: 03/08/2021 -12/3112021
I
EA
$aocao
$0.00
so.00
$0.00
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0009
Lodging via GTA (Including Lodging Taxes)
Time and Materials
PSC: R424
Une Period of Performance: 03/08/2021 - 12/31/2021
I
EA
$a0000
$0.00
$0.00
$0.00
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0010
Common Carrier Transporlation Via GTA
Time and Materials
PSC: R424
Une Period of Performance: 03/08/2021 -12/3112021
I
EA
$0.0000
$0.00
$0.00
$0.00
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0011
Common Carrier Transporlation Reimbursed
Time and Materials
PSC: R424
Une Period of Performance: 03/08/2021 - 12/31/2021
I
EA
$0.0000
$0.00
$0.00
$0.00
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE MATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0012
Other Expenses
Time and Materials
PSC: R424
Una Period of Performance: 03/08/2021 -12/3112021
1
EA
$amoo
$0.00
50.00
$0.00
TOTAL
$45.000.00
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EFTA_00001356
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FUNDING DETAILS:
ITEM
NO.
FUNDING LINE
m
OBLIGATED AMOUNT
ACCOUNTING CODES
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.
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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.
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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.
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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
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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.
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(end of clause)
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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 Video Surveillance Services or Equipment. (Aug
2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 19%) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
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(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being
incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial
items:
[Contracting Officer check as appropriate.]
(I) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and
10 U.S.C. 2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).
(3) 52.203-15. Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553
of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(4) 52.204-10. Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C.
6101 note).
(5) [Reserved].
(6) 52.204-14. Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117. section 743 of Div. C).
(7) 52.204-15. Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117. section
743 of Div. C).
(8) 52.209-6. Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended. or Proposed for
Debarment. (Jun 2020) (31 U.S.C. 6101 note).
(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
(10) [Reserved].
(I IXi) 52.219.3. Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).
(ii) Alternate I (Mar 2020) of 52.219.3.
(12Xi) 52.219.4. Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to
waive the preference. it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Mar 2020) of 52.219.4.
(13) [Reserved]
(I4Xi) 52.219.6. Notice of Total Small Business Set-Aside (Nov 2020) (IS U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219.6.
(15Xi) 52.219.7. Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
(17Xi) 52.219.9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Jun 2020) of 52.219-9.
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(v) Alternate IV (Jun 2020) of 52.219-9.
(18Xi) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
(ii) Alternate I (Mar 2020) of 52.219.13.
(19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
(22)(i) 52.219.28. Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (Mar 2020) of 52.219.28.
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to. Economically Disadvantaged Women-Owned Small Business
Concerns (Mar 2020) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to. Women-Owned Small Business Concerns Eligible Under the
Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).
(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (IS U.S.C. 637(a)(17)).
(27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).
(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(30)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(ii) Alternate I (Feb 1999) of 52.222-26.
(31Xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ii) Alternate I (July 2014) of 52.222-35.
(32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(ii) Alternate I (July 2014) of 52.222-36.
(33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 134%).
(35)0) 52.222-50. Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(36) 52.222-54. Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of
commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(37)0) 52.223.9. Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)
(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-
the-shelf items.)
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(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(39) 52.223-12, Maintenance. Service. Repair. or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.
13693).
(40)(i) 52.223.13, Acquisition of EPEATD-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Oct 2015) of 52.223-13.
(41Xi) 52.223.14, Acquisition of EPEATD-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
(43)0) 52.223.16. Acquisition of EPEATD-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
(47)0) 52.224-3. Privacy Training (Jan 2017) (5 U.S.C. 552a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(48) 52.225-1, Buy American--Supplies (Jan 2021) (41 U.S.C. chapter 83).
(49)0) 52.225.3. Buy American--Free Trade Agreements—Israeli Trade Act (Jan 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301
note, 19 U.S.C. 2112 note. 19 U.S.C. 3805 note. 19 U.S.C. 4001 note. Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53,
109-169, 109-283, 110-138, 11241, 112.42. and 11243.
(ii) Alternate I (Jan 2021) of 52.225-3.
(iii) Alternate II (Jan 2021) of 52.225-3.
(iv) Alternate III (Jan 2021) of 52.225-3.
(50) 52.225-5. Trade Agreements (Oct 2019) (19 U.S.C. 2501. et seq.. 19 U.S.C. 3301 note).
(51) 52.225-13. Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the
Office of Foreign Assets Control of the Department of the Treasury).
(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended.
of the National Defense Authorization Act for Fiscal Year 2008: 10 U.S.C. 2302 Note).
(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(54) 52.226-5. Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).
(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
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(58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
(59) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(61) 52.239-1. Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(62) 52.242-5. Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(dX13)).
(63Xi) 52.247-64. Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10
U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(iii) Alternate II (Feb 2006) of 52.247.64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c). applicable to commercial services. that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable
to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
— (1) 52.222-41. Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(2) 52.222-42. Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(3) 52.222-43. Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option
Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-44. Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and
41 U.S.C. chapter 67).
(5) 52.222-51. Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—
Requirements (May 2014) (41 U.S.C. chapter 67).
(7) 52.222-55. Minimum Wages Under Executive Order 13658 (Nov 2020).
(8) 52.222-62. Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(9) 52.226-6. Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract
was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of
award of this contract and does not contain the clause at 52.215-2. Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and
right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials. and other evidence for examination.
audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7.
Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records
relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating
to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made
available until such appeals. litigation, or claims are finally resolved.
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(3) As used in this clause, records include books, documents, accounting procedures and practices. and other data. regardless of type
and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in
the ordinary course of business or pursuant to a provision of law.
(e)( I) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required
to flow down any FAR clause, other than those in this paragraph (e)(I) in a subcontract for commercial items. Unless otherwise
indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).
(ii) 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)).
(iii) 52.204-23. Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other
Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug
2020) (Section 889(a)(I)(A) of Pub. L. 115.232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(dX2) and (3)). in all subcontracts that offer further
subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold
specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that
offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35. Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36. Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37. Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212)
(xi) 52.222-40. Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down
required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.G 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.G 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements
(May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55. Minimum Wages Under Executive Order 13658 (Nov 2020).
(xviii) 52.222-62. Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xixXA) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
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(xx) 52.225.26. Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862. as amended, of
the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6. Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in
accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64. Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.
2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses
necessary to satisfy its contractual obligations.
(End of clause)
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Section 4 - List of Attachments
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