U.S. Department of Homeland Security 500 12th St. SW; STOP 5009 Washington, DC 20546-5009 U.S. Immigration and Customs Enforcement July 13, 2017 Vasudha Talla Staff Attorney ACLU of Northern California 39 Drumm Street San Francisco, CA 94111 Re: ICE FOIA Case No. 2018-ICLI-00035 - ACLU v. U.S. Immigrations and Customs Enforcement (ICE), 18-cv-04105 Dear Ms. Talla: This is the first interim response to your Freedom oflnformation Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE) dated March 19, 2018. You are seeking all information related to contracts by and between ICE and contractors related to license plate readers (LPR) technology under FOIA requests 2018-ICFO-27097 and 2018-ICFO-26258 A search of the Office of Enforcement and Removal (ERO) located I excel spreadsheet that is responsive to your request 2018-ICFO-27097. A search ofthe ICE Office of Policy located 36 pages of responsive records that are responsive to your request 2018-ICFO-27097. ICE has considered your request under both the FOIA, 5 U.S.C. § 552, and the Privacy Act, 5 U.S.C. § 552a. This release consists of36 pages of responsive records and I excel spreadsheet. ICE has applied FOIA Exemptions (b)(5) and (b)(6), (b)(7)(C) to portions of the 36 pages as described below. The excel spreadsheet is being released in full. ICE has applied FOIA Exemption (b)(5) to withhold draft documents under the deliberative process privilege, the general purpose of which is to prevent injury to the quality of agency decisions, as well as the attorney-client privilege and the attorney work product privilege. FOIA Exemption (b)(5) exempts from disclosure inter-agency or intra-agency memorandums or letters, which would not be available by law to a party other than an agency in litigation with the agency. ICE has applied FOIA Exemptions 6 and 7(C) to protect from disclosure the names, e-mail addresses, and phone numbers oflCE and DHS employees contained within the documents, as well as the names, and other personally identifiable information of other individuals contained within the records. FOIA Exemption 6 exempts from disclosure information in personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public's right to disclosure against the individual's right to privacy. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test. FOIA Exemption 7(C) protects records or information compiled for law enforcement purposes when production of such could reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takes particular note of the strong interests of individuals, whether they are suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends to persons who are not only the subjects of the investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditiomil recognition of strong privacy interests in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is ordinarily appropriate. Please note that a search ofthe ICE Office of Acquisition Management (OAQ) also located 73 pages of records that are potentially responsive to your request 2018-ICFO-26258. ICE has sent those pages out for submitter notice, and once we receive a response from the contractor, we will process and release those pages to you as the next, and final release for your requests. If you have any questions about this letter, please contact Assistant U.S. Attorney Robin Wall at (415) 436-7071. Sincerely, t»1-";,1f' r{). On /;oj' Catrina M. Pavlik-Keenan FOIA Officer Enc1osure(s): 36 pages, 1 Excel Spreadsheet cc: Robin M. Wall Assistant United States Attorney U.S. Attorney's Office, Northern District of California 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 www.ice.goY U.S. Department of Homeland Security 500 12th St. SW; STOP 5009 Washington, DC 20546-5009 July 18, 2018 Vasudha Talla Staff Attorney ACLU of Northern California 39 Drumm Street San Francisco, CA 94111 Re: ICE FOIA Case No. 2018-ICLI-00035- ACLU v Immigrations and Customs Enforcement (ICE) Dear Ms. Talla: This is the second interim response to your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE) dated March 19, 2018. You are seeking all information related to contracts by and between ICE and contractors related to license plate readers (LPR) technology. ICE has considered your request under both the FOIA, 5 U.S.C. § 552, and the Privacy Act, 5 U.S.C. § 552a. A search of the Office of Acquisition Management (OAQ), located records that were potentially responsive to your request. For this production ICE reviewed 73 pages of potentially responsive records. ICE has applied FOIA Exemptions (b)(4), (b)(6) (b)(7)(C), and (b)(7)(E) to portions of these pages as described below. ICE has applied FOIA exemptions to protect from disclosure. FOIA Exemption 4 protects trade secrets and commercial or financial information obtained from a person that is privileged or confidential. The courts have held that this subsection protects (a) confidential commercial information, the disclosure of which is likely to cause substantial harm to the competitive position of the person who submitted the information and (b) information that was voluntarily submitted to the government if it is the kind of information that the provider would not customarily make available to the public. I have reviewed the responsive documents, the submitter’s objections to release, and relevant case law, and I have determined that portions of the responsive records are exempt from disclosure under subsection (b)(4) of the FOIA and must be withheld in order to protect the submitter’s proprietary interests. ICE has applied FOIA Exemptions 6 and 7(C) to protect from disclosure the names, e-mail addresses, and phone numbers of ICE and DHS employees contained within the documents, as well as the names, and other personally identifiable information of other individuals contained within the records. FOIA Exemption 6 exempts from disclosure information in personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public’s right to disclosure against the individual’s right to privacy. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test. FOIA Exemption 7(C) protects records or information compiled for law enforcement purposes when production of such could reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takes particular note of the strong interests of individuals, whether they are suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends to persons who are not only the subjects of the investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditional recognition of strong privacy interests in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is ordinarily appropriate. ICE has applied FOIA Exemption 7(E) to protect from disclosure internal agency law enforcement case numbers contained within the document, internal codes used to identify folders in an internal ICE task management system, law enforcement database category codes, and law enforcement techniques. FOIA Exemption 7(E) protects records compiled for law enforcement purposes, the release of which would disclose techniques and/or procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law. The disclosure of certain law enforcement sensitive information contained within the responsive records could reasonably be expected to risk circumvention of the law. Additionally, the techniques and procedures at issue are not well known to the public. If you have any questions about this letter, please contact Assistant U.S. Attorney Robin Wall at (415) 436-7071. Sincerely, Delphine O. On / for Catrina M. Pavlik-Keenan FOIA Officer Enclosure(s): 73 pages cc: Robin M. Wall Assistant United States Attorney U.S. Attorney’s Office, Northern District of California 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 www.ice.gov Office of Ii/formation Governance and Privacy U.S. Department of Homeland Security 500 12'h St., SW Washingto n. D.C. 20536 U.S. Immigration and Customs Enforcement September 21, 2018 Vasudha Talla Staff Attorney ACLU of Northern California 39 Dumm Street San Francisco, CA 94111 RE: ICE FOIA Case No. 2018-ICLI-00035 ACLUNC v. ICE, No. 18-cv-03050 (N.D. Cal., filed May 23, 2018) Dear Ms. Talla, This is the second interim response to your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated March 19,2018. You have requested copies of the following records: All information related to contracts by and between ICE and contractors related to license plate readers (LPR) under FOIA requests 2018-ICFO-27097 and 2018-ICFO-26258. ICE has considered your request under the FOIA, 5 U.S.C. § 552. A search of the Office of Homeland Security Investigation (HSI) and the Office of Enforcement and Removal Operations (ERO), located records that were potentially responsive to your request. For this production ICE reviewed 758 pages of potentially responsive records and 4 Microsoft Excel Spreadsheets. Of the 758 pages, ICE determined that 461 pages and all 4 Microsoft Excel Spreadsheets were responsive to your request. These documents have been Bates numbered 2018-ICLI-00035 112 through 2018-ICLI-00035 573. ICE has applied FOIA Exemptions (b)(5), (b)(6), (b)(7)(C), and (b)(7)(E) to portions of these pages as described below. ICE has applied FOIA Exemption 5 to protect from disclosure intra-agency documents that contain the recommendations,' opinions, and conclusions of agency employees, and portions of the responsive documents which qualify for protection under the deliberative process privilege, the attorney-client privilege, and the attorney work-product privilege. FOIA Exemption 5 protects inter-agency or intra-agency memorandums or letters which not be available by law to a party other than an agency in litigation with the agency. The deliberative www .icc.gov Page 2 of3 process privilege protects the integrity of the deliberative or decision-making processes within the agency by exempting from mandatory disclosure opinions, conclusions, and recommendations included within inter-agency or intra-agency memoranda or letters. The release of this internal information would discourage the expression of candid opinions and inhibit the free and frank exchange of information among agency personnel. The attorney workproduct privilege protects documents and other memoranda prepared by an attorney in contemplation of litigation. The attorney-client privilege protects confidential communications between an attorney and his client relating to a legal matter for which the client has sought professional advice. It applies to facts divulged by a client to his attorney, and encompasses any opinions given by an attorney to his client based upon, and thus reflecting, those facts, as well as communications between attorneys that reflect client-supplied information. The attorney-client privilege is not limited to the context of litigation. ICE has applied FOIA Exemptions 6 and 7(C) to protect from disclosure the names, e-mail addresses, and phone numbers of ICE and DHS employees contained within the documents, as well as the names, and other personally identifiable information of other individuals contained within the records. FOIA Exemption 6 exempts from disclosure information in personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public's right to disclosure against the individual's right to privacy. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test. FOIA Exemption 7(C) protects records or information compiled for law enforcement purposes when production of such cou Id reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takes particular note of the strong interests of individuals, whether they are suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends to persons who are not only the subjects of the investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditional recognition of strong privacy interests in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is ordinarily appropriate. ICE has applied FOIA Exemption 7(E) to protect from disclosure internal agency law enforcement case numbers contained within the document, internal codes used to identify folders in an internal ICE task management system, law enforcement database category codes, and law enforcement techniques. FOIA Exemption 7(E) protects records compiled for law enforcement purposes, the release of which would disclose techniques and/or procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law. The disclosure of certain law enforcement sensitive information contained within the responsive records could reasonably be expected to risk circumvention of the law. Additionally, the techniques and Page 3 of3 procedures at issue are not well known to the public. If you have any questions about this letter, please contact Assistant U.S. Attorney Robin Wall at (415) 436-7071. Sincerely, Catrina M. Pavlik-Keenan FOIA Officer Enclosure(s): 461 pages and 4 Microsoft Excel Spreadsheets cc: Robin M. Wall Assistant United States Attorney U.S. Attorney's Office, Northern District of California 450 Golden Gate A venue, 9th Floor San Francisco, CA 94102 Office ofInformation Governance and Privacy U.S. Department of Homeland Security 500120. St., SW Washington, D.C. 20536 U.S. Immigration and Customs Enforcement October 31, 201S Vasudha Talla Staff Attorney ACLU of Northern California 39 Dumm Street San Francisco, CA 94111 RE: ACLU v. ICE et ai, 1:18-cv-03050 (D.D.C.) ICE FOIA Case Number 2018-ICLI-00035 Third Interim Release Dear Ms. Talla, This letter is the third response to your client's Freedom ofInformation Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated March 19, 201S. Your client's FOIA request sought information pertaining to "All information related to contracts by and between ICE and contractors related to license plate readers (LPR)" under FOIA requests 201S-ICFO27097 and 201S-ICFO-2625S. ICE has considered your request under the FOIA, 5 U.S.C. § 552. A search of the Office of Homeland Security Investigation (HSI) and the office of Enforcement and Removal Operations (ERO), located 1061 pages of records that were P9tentially responsive to your request. Following review, ICE has determined that 1060 pages were responsive. These documents have been Bates number 201S-ICLI-00035- 574 through 20 1S-ICLI-00035 - 1633. ICE has applied FOIA Exemptions (b)(4), (b)(5), (b)(6), (b)(7)(C), and (b)(7)(E) to portions of these pages as described below: FOIA Exemption 4 protects trade secrets and commercial or financial information obtained from a person that is privileged or confidential. The courts have held that this subsection protects (a) confidential commercial information, the disclosure of which is likely to cause substantial harm to the competitive position of the person who submitted the information and (b) information that was voluntarily submitted to the government if it is the kind of information that the provider would not customarily make available to the public. I have reviewed the responsive documents, the submitter's objections to release, and relevant case law, and I have determined that portions of the responsive records are exempt from disclosure under subsection (b)(4) of the FOIA and must be withheld in order to protect the submitter's proprietary interests.ICE has applied FOIA Exemption 5 to protect from disclosure intra-agency documents that contain the www.ice.gov Page 2 of3 recommendations, opinions, and conclusions of agency employees, and portions of the responsive documents which qualify for protection under the deliberative process privilege, the attorney-client privilege, and the attorney work-product privilege. FOIA Exemption 5 protects inter-agency or intra-agency memorandums or letters which not be available by law to a party other than an agency in litigation with the agency. The deliberative process privilege protects the integrity of the deliberative or decision-making processes within the agency by exempting from mandatory disclosure opinions, conclusions, and recommendations included within inter-agency or intra-agency memoranda or letters. The release of this internal information would discourage the expression of candid opinions and inhibit the free and frank exchange of information among agency personnel. The attorney workproduct privilege protects documents and other memoranda prepared by an attorney in contemplation of litigation. The attorney-client privilege protects confidential communications between an attorney and his client relating to a legal matter for which the client has sought professional advice. It applies to facts divulged by a client to his attorney, and encompasses any opinions given by an attorney to his client based upon, and thus reflecting, those facts, as well as communications between attorneys that reflect client-supplied information. The attorney-client privilege is not limited to the context of litigation. ICE has applied FOIA Exemptions 6 and 7(C) to protect from disclosure the names, e-mail addresses, and phone numbers of ICE and DHS employees contained within the documents, as well as the names, and other personally identifiable information of other individuals contained within the records. FOIA Exemption 6 exempts from disclosure information in personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public's right to disclosure against the individual's right to privacy. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test. FOIA Exemption 7(C) protects records or information compiled for law enforcement purposes when production of such could reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takes particular note of the strong interests of individuals, whether they are suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends to persons who are not only the subjects of the investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditional recognition of strong privacy interests in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is ordinarily appropriate. ICE has applied FOIA Exemption 7(E) to protect from disclosure internal agency law enforcement case numbers contained within the document, internal codes used to identify folders in an internal ICE task management system, law enforcement database category codes, and law enforcement techniques. Page 3 of3 FOIA Exemption 7(E) protects records compiled for law enforcement purposes, the release of which would disclose techniques and/or procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention ofthe law. The disclosure of certain law enforcement sensitive information contained within the responsive records could reasonably be expected to risk circumvention of the law. Additionally, the techniques and procedures at issue are not well known to the public. If you have any questions about this letter, please contact Assistant U.S. Attorney Kimberly Robinson at (415) 436-7298. Sincerely, IoMf~~r-tCatrina M. Pavlik-Keenan FOIA Officer Enclosure(s): 1060 pages Cc: Kimberly Robinson Assistant United States Attorney U.S. Attorney's Office, Northern District of California 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 Office of Information Governance and Privacy U.S. Department of Homeland Security 500 12th St., SW Washington, D.C. 20536 December 7, 2018 Vasudha Talla Staff Attorney ACLU of Northern California 39 Dumm Street San Francisco, CA 94111 RE: ACLU Northern California v. Immigrations and Customs Enforcement (ICE); ICE FOIA Case No. 2018-ICLI-00035 Fourth Interim Production Dear Ms. Talla, This is the fourth interim response to your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated March 19, 2018. You have requested copies of the following records: All information related to contracts by and between ICE and contractors related to license plate readers (LPR) under FOIA requests 2018-ICFO-27097 and 2018-ICFO-26258. ICE has considered your request under the FOIA, 5 U.S.C. § 552. A search of the Office of Homeland Security Investigation (HSI) and the Office of Enforcement and Removal Operations (ERO), located records that were potentially responsive to your request. For this production ICE reviewed 221 pages and 7 excels of potentially responsive records. Of those 221 pages, ICE determined that only 211 pages were responsive. These documents have been Bates number 2018-ICLI-00035 1634 through 2018-ICLI-00035 1844. ICE also reprocessed 11 pages from the previous production. ICE has applied FOIA Exemptions (b)(4), (b)(5), (b)(6), (b)(7)(C), and (b)(7)(E) to portions of these pages as described below. ICE has applied FOIA Exemptions to protect from disclosure FOIA Exemption 4 protects trade secrets and commercial or financial information obtained from a person that is privileged or confidential. The courts have held that this subsection protects (a) confidential commercial information, the disclosure of which is likely to cause substantial harm to the competitive position of the person who submitted the information and (b) www.ice.gov Page 2 of 3 information that was voluntarily submitted to the government if it is the kind of information that the provider would not customarily make available to the public. I have reviewed the responsive documents, the submitter’s objections to release, and relevant case law, and I have determined that portions of the responsive records are exempt from disclosure under subsection (b)(4) of the FOIA and must be withheld in order to protect the submitter’s proprietary interests. ICE has applied FOIA Exemption 5 to protect from disclosure intra-agency documents that contain the recommendations, opinions, and conclusions of agency employees, and portions of the responsive documents which qualify for protection under the deliberative process privilege, the attorney-client privilege, and the attorney work-product privilege. FOIA Exemption 5 protects inter-agency or intra-agency memorandums or letters which not be available by law to a party other than an agency in litigation with the agency. The deliberative process privilege protects the integrity of the deliberative or decision-making processes within the agency by exempting from mandatory disclosure opinions, conclusions, and recommendations included within inter-agency or intra-agency memoranda or letters. The release of this internal information would discourage the expression of candid opinions and inhibit the free and frank exchange of information among agency personnel. The attorney workproduct privilege protects documents and other memoranda prepared by an attorney in contemplation of litigation. The attorney-client privilege protects confidential communications between an attorney and his client relating to a legal matter for which the client has sought professional advice. It applies to facts divulged by a client to his attorney, and encompasses any opinions given by an attorney to his client based upon, and thus reflecting, those facts, as well as communications between attorneys that reflect client-supplied information. The attorney-client privilege is not limited to the context of litigation. ICE has applied FOIA Exemptions 6 and 7(C) to protect from disclosure the names, e-mail addresses, and phone numbers of ICE and DHS employees contained within the documents, as well as the names, and other personally identifiable information of other individuals contained within the records. FOIA Exemption 6 exempts from disclosure information in personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public’s right to disclosure against the individual’s right to privacy. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test. FOIA Exemption 7(C) protects records or information compiled for law enforcement purposes when production of such could reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takes particular note of the strong interests of individuals, whether they are suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends to persons who are not only the subjects of the investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditional recognition of strong privacy interests in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is ordinarily appropriate. Page 3 of 3 ICE has applied FOIA Exemption 7(E) to protect from disclosure internal agency law enforcement case numbers contained within the document, internal codes used to identify folders in an internal ICE task management system, law enforcement database category codes, and law enforcement techniques. FOIA Exemption 7(E) protects records compiled for law enforcement purposes, the release of which would disclose techniques and/or procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law. The disclosure of certain law enforcement sensitive information contained within the responsive records could reasonably be expected to risk circumvention of the law. Additionally, the techniques and procedures at issue are not well known to the public. If you have any questions about this letter, please contact Assistant U.S. Attorney Kimberly Robinson at (415) 436-7298. Sincerely, Toni Fuentes for Catrina M. Pavlik-Keenan FOIA Officer Enclosure(s): 222 pages and 7 Microsoft Excel spreadsheets cc: Kimberly Robinson Assistant United States Attorney U.S. Attorney’s Office, Northern District of California 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 Vasudha Talla From: Sent: To: Cc: Subject: Robinson, Kimberly (USACAN) Friday, November 16, 2018 12:46 PM Vasudha Talla Linda Lye RE: ACLU v. ICE - 18-cv-03050 Vasudha,     As promised, ICE has provided the following information in response to your below email.  See you in about an hour.     Kim     In the excel spreadsheet entitled “Learn‐AU”, what do the following fields refer to?      (1) query type: category of action being taken  (2) user type: agency manager vs user. Manager can add/delete users (system admin); users everyone else.  (3) date time: date and time of action.  (4) result: number of hits on plate. N/A=means action wouldn’t generate results.    Also; what do the various response options refer to. For example, there is a query type “detection browsing,” [user  searching target plate] but also a query type “email hit alert” [action generated after user received email alert] – what  do these and the other entries refer to?     Batch plate search detection = user searching batch plates.  Hit list browsing = user browsing active hits out there.  Hot list edit = when item edited by a user.  Hot list management = editing of overall list, such as deletion or addition to overall list.  Hot list renewal = user gets notification when plate will expire.    And in the “result” column, sometimes there is a numeric entry (e.g.,  4 or 50) – what does this refer to? The number of  hits.    In the excel spreadsheet entitled “LEARN audit report 2‐28‐2018”, what do the following fields refer to:   (1) query type: category of action being taken  (2) user name: user name  (3) user type: agency manager vs user. Manager can add/delete users (system admin); users everyone else.  (4) plateID: target plate.  (5) case number: what number user inputs to track case, could be name case #, etc.  (6) requestor: requestor runs search, but 99% of time equals user.  (7) date time: date and time of action.  (8) IP address: IP address of user.      Further, like above, what do the various entries under query type refer to.    Also; what do the various response options refer to. For example, there is a query type “detection browsing,” [user  searching target plate] but also a query type “email hit alert” [action generated after user received email alert] – what  do these and the other entries refer to?   Batch plate search detection = user searching batch plates.  1 Hit list browsing = user browsing active hits out there.  Hot list edit = when item edited by a user.  Hot list management = editing of overall list, such as deletion or addition to overall list.  Hot list renewal = user gets notification when plate will expire.          From: Vasudha Talla    Sent: Tuesday, November 13, 2018 3:42 PM  To: Robinson, Kimberly (USACAN)   Cc: Linda Lye   Subject: RE: ACLU v. ICE ‐ 18‐cv‐03050    Thanks, Kim, for following up on this.     In the excel spreadsheet entitled “Learn‐AU”, we’d like to know what the following fields refer to: (1) query type; (2)  user type; (3) date time; and (4) result. We’d also like to know what the various response options refer to. For example,  there is a query type “detection browsing,” but also a query type “email hit alert” – what do these and the other entries  refer to? And in the “result” column, sometimes there is a numeric entry (e.g.,  4 or 50) – what does this refer to? While  some of these fields appear self‐explanatory, we don’t want to make any assumptions.     In the excel spreadsheet entitled “redacted LEARN audit report 2‐28‐2018”, we’d like to know what the following fields  refer to: (1) query type, (2) user name (3) user type; (4) plateID; (5) case number; (6) requestor; (7) date time; and (8) IP  address.  Further, like above, we’d like to know what the various entries under query type refer to.      Thank you and agency counsel again for being amenable to providing us with this information. Please let me know if you  have any other questions.     Best, Vasudha     From: Robinson, Kimberly (USACAN)    Sent: Tuesday, November 13, 2018 3:07 PM  To: Vasudha Talla   Cc: Linda Lye   Subject: RE: ACLU v. ICE ‐ 18‐cv‐03050    Vasudha,     I hope all is well.     I am working on a JCMS draft and wanted to ask a quick question.  With respect to the audit logs (Request 5), which  appear in excel format, you had asked for, and the agency had agreed to provide, information about what is contained in  the fields.  If you can identify what information you specifically seek, I can get the request to agency counsel today and  he can provide the information tomorrow.  I’d like to both get this information and include this in the JCMS.     Thanks,   Kim    From: Vasudha Talla    Sent: Monday, November 05, 2018 7:50 PM  2 To: Robinson, Kimberly (USACAN)   Cc: Linda Lye   Subject: RE: ACLU v. ICE ‐ 18‐cv‐03050    Thanks, Kim. We’ll call you at your phone number on Friday at 4 p.m.     From: Robinson, Kimberly (USACAN)    Sent: Monday, November 5, 2018 3:47 PM  To: Vasudha Talla   Cc: Linda Lye   Subject: RE: ACLU v. ICE ‐ 18‐cv‐03050    Vasudha,     Thanks for your email and the letter and thank you for offering these times.     Let’s plan to talk on Friday at 4.  By that point, I will have talked through these issues with agency and will have more  information to share.     I can be reached at the below number.     Best,   Kim      Kim Robinson Assistant U.S. Attorney Northern District of California 450 Golden Gate Ave. Box 36055 San Francisco, CA 94102 T: 415.436.7298 F: 415.436.6748         From: Vasudha Talla    Sent: Monday, November 05, 2018 9:28 AM  To: Robinson, Kimberly (USACAN)   Cc: Linda Lye   Subject: RE: ACLU v. ICE ‐ 18‐cv‐03050    Dear Kim,     We received ICE’s October 31st production on Friday. I’m attaching a letter setting forth the issues that we’d like to  discuss during a meet‐and‐confer call. Linda and I are available for such a call on the following dates/times. Please let us  know what works for you.     Wednesday, 11/7 – any time before noon  Thursday, 11/8 – 1‐3 p.m.   Friday, 11/9 – 3‐5 p.m.     Thanks, Vasudha   3   From: Robinson, Kimberly (USACAN)    Sent: Thursday, November 1, 2018 10:16 AM  To: Vasudha Talla   Cc: Linda Lye   Subject: RE: ACLU v. ICE ‐ 18‐cv‐03050    Vasudha, Thank you for following up. Yes, they did meet the deadline. ICE sent out the production yesterday to you via FedEx tracking number: 7736 1869 7583 Please also see the attached letter. On an unrelated note, Ms. Lye, I wanted to congratulate you on your judicial appointment. Please let me know if you have any additional questions. Kim     From: Vasudha Talla    Sent: Thursday, November 01, 2018 10:04 AM  To: Robinson, Kimberly (USACAN)   Cc: Linda Lye   Subject: ACLU v. ICE ‐ 18‐cv‐03050    Dear Kim,     I want to follow up on ICE’s production of records in this FOIA case. Did ICE produce additional records by the October  31st deadline?  I will keep an eye out for the records.     Thank you, Vasudha     Vasudha Talla, Staff Attorney  ACLU Foundation of Northern California   39 Drumm Street  San Francisco, CA 94111  tel (415) 621‐2493 ext. 308  fax (415) 255‐8437  pronouns: she/her/hers  www.aclunc.org    THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN  INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW.  IF THE READER OF  THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE  INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS  COMMUNICATION IS STRICTLY PROHIBITED.    4 Vasudha Talla From: Sent: To: Cc: Subject: Attachments: Robinson, Kimberly (USACAN) Friday, December 14, 2018 9:58 AM Vasudha Talla Sean Riordan FW: ACLU v. ICE - 18-cv-03050, December Production LEARN_Hot-List_Records_Report_12-07-18_001-highlighted.xlsx; webex page.pdf Vasudha,     Apologies.  I omitted the attachments.  Please see attached and the responses I just sent are again included below.     Kim  1. The December 7th production did not appear to contain the “Webex training” referenced on Page 2018-ICLI00035 119. Was a search conducted for this training?   a. There are no Webex training documents. You log into a website, therefore the agency has no records to produce for this. See attached webex page clearly showing a link to a live training. More info on webex can be found here. Webex is an online, live video conferencing/chat tool that training was provided on. There wouldn’t be an agency record of that. We don’t record online trainings and save them or something. We did search for webex, and that’s how the attached document, among others was found and produced, but the training itself wasn’t found because we don’t have a file for that.  2. The December 7th production contained a number of “audit query reports” for the months of February through  August 2018. These excel sheets contain two fields that did not appear on prior excel sheets produced during  litigation. Can the agency identify what the fields (1) “query pars”, and (2) “reason” refer to?   a. Query pars = This stands for query parameters or the actual text of what was searched.   b. Reason = Per the SOW, a reason code is required in order for a user to conduct a search. The three  options were provided by ICE.   3. The December 7th production does not appear to contain records identifying the names of hot lists created by  ICE. My email of November 14th provided some details as to why we believe that ICE can create “hot lists” and  how an audit report could be created to show any hot lists that ICE created. Could the agency describe the  process by which it searched for hot lists?   a. We did produce an audit report [hot list] of all hot plates created by ICE. [attached]. This list was  produced from the LEARN system the same way the audit lists above were produced. There isn’t a  “names of hot lists” report. We gave them every hot plate there is in the single hot list report. There  aren’t multiple “hot lists” with different names. There are hot plates, that can produced in a report,  called a   1 ITEMS POOOOOOli 7. 1 FOlt 5OUCITAlJOfII INFOltMATlON CAU.: ICE/Detention comp1i~nce , Removals Immigr~tion and Customs Enforcement Office of 801 I Street , WASHINGTON DC " WDMEH.()M,t([I-......u..uSIHEsa - It.W.L_1I5 (V«)IIIfEUG. . . 1.NJIIt THE WDIrIlftO.OM;IO _." _ _ ~""""''''' ~­ f4oIoCIS19190 ~ ". ~oOltMI.([1 ~, $27.5 IIZESTN«WIO -~. 110 l tUCOHTIlACl." 1t.O.1"fO 0IIDEJII1JNt1EIt Net 30 ~('ICflt1ODi ICE Enforcement , Removal ;' . ' i, ., e. et, NW Suit .. W~shin9ton DC 20536 80' WEST PUBLISHING CORPORATION PO BOX 64833 SAINT PAUL MN 55164 Compliance , Removals I~~;:~~':lon and Customs Enforcement Ie of AcqUisition. -ement I Street , NW Suit INGTON DC 20536 ICE Finance Center Box 1620 ICE-ERO-FHQ-CED VT 05495-1620 -n " ~, schedule C()HlWACTOft IS REOUIREO TO SIGN n·ns OOCUM£HT AN!) R£T\.Jft'l COPIES TO ISSUING OFFICE CONTRACTOR AGREES TO FURNISHANO O£lNER 21 "'MAD OF CONTRACT OFfER DATED 12/22/2017 YOUR OFFER ON SOliCITATION IBLOC1( $) "ClUOINGAH'f AI)OITI()f(S OR CHIoHGES VMICHAJ'tE SET FORTH 12122120 17 PflEVIOOS EorrlDH IS NOT USUl£ I . 2. o f ~ " " SCHEDUlE OF S\JPPUESlSERVtCES ITEf,lNO are two (2) 52 UNfT Pfl ICE requisitions associated with this awa r d : 1921 18FUGOPS 12 087 and purchas e order is for West Pu blishing to provide cons ta n t (24 hour , seven per week) access to a commerc i al l y query-based LPR database for ICE law personne l at ICE o ff ices across the Sta t es . The speci f iC req u i reme n ts are in t he Statemen t o f Wo rk attached . service s s ha l l be performed in accordance the attached Statement of Wor k (saw) , West IP"bl"h,ng ' s Technical Quote (dated 12/22/2017 ), West Pu b lishin g ' s P rice Quo te . West Corporation ' s price quo te and quote ace i n cluded as an att a c h men t t o purchase order . i n the amount of "'_~_ _ _-IliS being I' u o,,,,o to t.his purcha se order alt.'aId to fund 000 1 for the Base 2eriod of services . All CLINS are optional CLINs and wil l be f u nded the time they are exeIcLsed . terms and cond i tions of t h i s purc hase o r der 328 . QUANTITY IN COLU MN 2 1 HAS BEEN INSPECTED RECEIVED ACCEPTED, .... ND CONFORMS TOTHE CONTRACT. EXCEPT AS NOTEO: 32t>. SIGNATURE OF AUTl1 0R IZED GOVERNMENT REPRESENTATIVE J2c. DATE J 2d . PRI NTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TElEPHONE NUMBER Of' AUTl10RI ZED GOVERNMENT REPRESENTATIVE 320 . MAILING ADDRESS OF AUTl10 RIZED GOVERNMENT REPHE SENTATIVE J2g_ E·MAIL OF Al/THORllED GOVERNMENT REPRESENTATIV E 1:>-. VOUCHER NUMB ER 33. SHIP NUMBER ..J PARTIAL 35 . AMOUNT VERIFiED CORRECT FOR COMPlETE """ 36. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER SIGNATURE AND TITLE OF CERT IFY ING OFFICER PARTIAL FINAL 40. PAID BY 410. I CERT IFY TH IS ACCOUNT IS CO RRECT AND PROPER FOR PAYMENT ~ 1 b. 31 . CHECK NUMBER 36 . PAYMENT 42a_ RECEIVED!IY (Prinl) 4 1c. DATE 42b. RECEIVED AT (Local ,on) 2e. DATE REC'D (YY/MMlDD) 142d . TOTAL CONTAINERS STANDARD FORM '''''IREV, 112012) SACK FERENCE NO OF OOCIME NTSE 'NG CO!'IT'NUEO CONTINUATION SHEET 70CDCRIBPOOQ00017 N~E 52 Of OffEROR OR CONTRACTOR WEST PUBLISHING CORPORATION ITEIA NO SUPPUESISERVICES (A) OU"'NTITY (C) (B) UNIT ( D) UN IT PRICE ,~ , ( E) (F) apply only to t he purchase order resulting for ICE solicitation 70CDCR18QOOOOOOOS . Exempt Action : Y Sensi t j ve AW ijrd ' p lI Period of 0001 pe[f~o~r~m:a~n~c~e~'~I~;;;;::::::::::~__________J] J [ Sa s e Fe r i ad - ~~-:::-:::=->::::::=:::-'7,~:-:::'! ACCESS TO LICENSE PLATE SYSTEM (All ICE Users) This is a Firm-Fixed Price (FFP) CLIN . Product/Serv ice Code : D317 Product/Service Descri pt ion : IT AND TELECOMWEB-BASED SUBSCRIPTION Requisition No : 192118FLMURQ0008 , 192118FUGOPS12087 Accounting Info: 0002 1 ! Option Period 1 ACCESS TO LICENSE PLATE SYSTEM (All ICE Users) This i , a Firm-Fixed Price (FFP) CLIN . Amount : 0 . 00 Line Item) Product/Service Code : D317 Product/Service Descri pt ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Accounting Info : Funded : $0.00 Period of Performance : 0003 Option Pe dod 2 - I DIiI ACCESS TO LICENSE PLATE SYSTEM (All ICE Use :: s) Continued ... 0 . 00 OI'TIOw.LFORIA 33S Sponsor&d by GSA FAA (013 CFRI5~.110 ( ~ .e6) FERENCE NO. OF DOCUMENT BE ING CONTINUE[) CONTINUATION SHEET 70CDCR18P00000017 NA~E 52 OF OFFEROR DR CONTRACTOR WEST PUBLISHING CORPORAT I ON ITEM NO. OO~~ I""" SUI'PUESISERVlCES (C) 18) (AI (D) UN IT PRICE Ie) This is a Firm-Fixed Price (FFP) CLIN . (Opt io n Line I te m) Product/Service Code : D317 Product/Service Descripti on : IT AND TELECOMWEB-BASED SUBSCRIPTION I Period of Performance : 0004 Optio n Period 3 { I~~ ACCESS TO LI CENSE PLATE SYSTEM (All ICE Users ) This is a Firm-Fixed Price ( FF P) CLIN. 0 . 00 Line 1tem) Product/Service Code : 0317 Product/Service Descri pt ion : IT AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance Invoice l nstructions : '--------------'---------------" ICE - ERO/HSI Con t racts Service Providers/Contractors shall use these procedures when sub~tti n g an invo ice . 1 . I nvoice Submission : Invoices shall be submitted in a " . pdf" format in accordance with the con tract terms and conditions [Contract Specialist and Contracting Officer to disc l ose if on a month ly basis or other agreed to terms " ] via email , United St4t~S Postal Service (USPS) or facsimi l e as follows : a) Email : • Invoice . Consolidation@ice . dhs . gov • Contract ing Off icer Representative (COR) or Gover nme n t Point of Contact (GPOC) • Contract Specialist/Contracting Officer Each email shall contai n on l y (1) invoice and the invoice number shall be indicated on the subject line of t he email . b) USPS : Cont inued WiN 1S4(l.()1 ·152.sJtil OPTIONAL FOR~ 3311 (4.1l6) Spon~b)'GS'" FAR (43 CFRI53.110 FERENCE NO. OF DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBL ISHING CORPORAT I ON ITEM NO. SUPPUESiSERVlC ES (A) (8) QUANTITY (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) DHS , ICE Fi na n cial Operations - Burlingt on P . O. Bo x l620 Willisto n, VT 05495-1620 ATTN: ICE-E RO-F HQ-CED The Con t rac t o rs Data Univ ersal Numberin g System (DUNS) Number mus t be regis t ered and ac tive i n t he Sys t em f o r Award Man age men t (SAM) a t h t t p s : //www . sam. gov prior to award and s hall be nota t ed on e v er y i nvoic e s ub mi t ted to e n sure p romp t payment prov is i o n s are met . The I CE p rogram office ident if ied in the t as k order/co n tract shall also be nota t ed on e v er y i nvo i ce . c ) Fa cs imi l e : Alter na tive Invoices shall be submit t ed t o : {802)-288-7658 S ubmi ssions by facsi mi le shall include a cov er s hee t, poi nt o f contact and the n umber of t otal pages . No te : the Service Providers o r Con t racto rs Dunn a nd Bradstreet ( D&8) DUNS Number mus t be r egis t ered in t he Sys t e m for Award Mana geme n t (SAM) a t h ttp s : //www . sam. gov p rior to award a nd shall be no ta ted on ever y invo i ce submi tted to e n sure promp t paymen t p ro vis ion s are me t . The I CE p rogram office ident if ied in the t as k order/co n tract shall also be nota t ed on e v er y i nvo i ce . 2 . Co n te n t of I nvo ices : Each i nvoice sha l l conta i n t he fo l lowin g i nformation in acco r dance wi th 52 . 212-4 (g) , as applicable : ( i) . Name a nd address of t he Serv i ce Provider/Co n tracto r . Note : the na me , address a nd DUNS number on the i nvo i ce MUST matc h t he i n for matio n in b oth the Con tract/Agreeme n t and t he in formatio n i n t he SAM . If payme n t i s remitted to another e n t ity , the name , address and DUNS information of that e n tity mu st also be provided which wil l require Governme n t Conti nued .. . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (HI6) Sponsored b\' GSA FAA (03 CFR) 53. '1 0 FERENCE NO. OF DOC UMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAME OF OFFE ROR OR CONTRACTOR WEST PUBL I SHING CORPORAT I ON ITEM NO. SUPPUESiSERVlC ES (A ) (8 ) QUANTITY (e ) UN IT ( D) UN IT PRICE ( E) AMOUNT (F ) verifica t i on before p ayment c a n b e p rocessed ; ( i i) . Dun n and Brads t ree t (D&B) DUNS Number : ( i ii ) . I nvoice da t e a nd invoice n umber ; ( iv ) . Ag ree men t /contrac t number , con t rac t li ne i t em number and , i f a ppl icable , t he order nu mber ; (v ) . Description , q ua n tit y, un i t of meas u re , un it p rice , e x te nded p rice a nd p eriod of p e rf ormance o f t he i t e ms or servi ces de l i vered ; (vi) . I f a p plicab l e , shipping number and da t e of s h i pmen t, i n cl udi ng the bi ll o f ladi ng number and weight o f s h i pmen t i f s h i pped on Go v ernmen t bi l l o f ladi ng; (vii ). Terms o f a ny d i scount for promp t pa yme nt o f fered ; ( vii i) . Remi t to Address ; ( ix) . Na me, title , a nd p ho ne n umber of pe r son to reso l ve invoicing iss ues ; (x). I CE program off i ce d e signated o n order/co n tract/agreemen t a nd (x i ). Mark invoice as "In terim " (Ongoin g pe r forma n ce and addi t ion al bil l in g e xpect e d ) a nd "Fina l" (performan ce complet e and no addit i ona l bil li ng ) (x ii ). Electron ic Fu nds Tra n sfer (EFT ) ban king i n for matio n in a cco r dance with 52 . 23 2 - 33 Payme n t b y El ectron ic Funds Tra n sfer - System for Award Mana geme n t or 52 - 2 32 - 34 , Payme n t by Elect r o n ic Funds Trans f e r - Other t ha n System for Award Mana geme n t . 3. I nvo i c e Suppo r tin g Documentation . To ens ure payme n t , t he vendo r mu s t s ubmit s upport ing docu men t at i on which provides s ubstan t iation for t he invoiced costs to t he Contractin g Off icer Represe n ta t ive (COR ) or Po in t of Con t act (POC ) ident i f i ed i n the con t r act . Invoice charges mu st Cont inued .. . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6 ) Sponsored b\' GSA FAA (03 CFR) 53. ' 10 FERENCE NQ. OF DOCUMENT BE ING CONTINUE[) CONTINUATION SHEET 70CDCR18P00000017 NA~E 52 OF QFFEROR DR CONTRACTOR WEST PUBLISHING CORPORATION OO~~ I""" SUI'PUESISERVlCES ITEM NO. (AI IBI (e) (D) UN IT PRICE (E) align with the contract CLINs. Supporting documenta.tion is required .·;hen guaran.teed minimums are exceeded and when allowable costs are incurred . (iii) Firm Fixed-Price CLINs. Supporting documentation is not required for charges for FFP CLINs . 4 . Safeguarding Information : As a contracto~ or vendor conducting business with Immigration and Customs Enforcement (ICE), you are requ i red to comply wiLh DRS Policy regarding t he safeguarding of Se n sitive Personally Ide n ti f iable Information (PII). Sensitive PrI is information that identifies an individual, including an alien , and could result in harm , embarrassment, i nconvenience or unfairness . Examples of Sensitive PII include i nformati on s uch as : Social Security Numbers , Alien Registration Numbers (A-Numbers), or combinations of information such as the individuals na me or other unique identifier and full date o f birth , citizenship , or i mmigra t ion status . As part of your obligation to safeguard i nforma t ion, the fo l low precau t ions are required : ( i ) Email supporting documents containing Sensitive PI I in an encrypted attachment witp password sent separately to the Contracting Officer Rep resen tative assigned to the cont~act . (ii) Never leave paper documen t s con taining Sensitive PI r u nattended and u n secure . When not in use , these documents will be locked in drawers , cabinets , desks , etc . so the i nforma t ion is not accessible to t hose witho u t a need to know . (iii) Use shredders when discard.ing paper documen t s contain ing Sensitive PII . (iv) Refer t o the DHS Handbook for Safeguarding Sensitive Persona l l y Iden t i fiab l e In f o rmati on 12 WiN 1 S4(l.() ! ·152 -8Jtil OPTIONAL FOR~ 3311 (4-1\6) &pon~b)'GS'" FAA (43 CFRI 53. 110 FERENCE ~O. OF OC:X:UMENT BEING Cm/n ~U E[) CONTINUATION SHEET 70CDCRl8P00000017 ~A~ E 52 OF OFFEROR OR CONTRACTOR WEST PUBLIS HING CORPORATI ON I TE M ~O . (AI OO~~ I ~rr (C) (D ) SUI'PUESISEIMCES (8) U~ I T PRICE ( t: ) ~, (F) f for more informatio n o n a nd /or examples o f Sens it ive PII . 5 . I nvo i ce I n qu i~ i es . I f y o u have q uest i ons r e gardi ng p a ymen t , please con t act IC E Fi na ncial Oper;a t io ns at The t otal a mou nt of a ward : ,I t=' obli gat i on f o r th i s a wa r d l~sC-s""h~o~w~n~"· I ;n-'b"o;!x The 26 . OPT I O~L F ORM 33f:1 (4-66) ~b)'GS A FAR (oI6C F R I~! . 11 0 Statement of Work Access to License Plate Reader Commercial Data Service C.I. lNTRODUCTION AND BACKGRO UND. The intent of this Statement of Work (SOW) is to describe ICE's operational requirements to obtain querybased access to a commercially avai lable License Plate Reader (LPR) database to support its cri minal and immigration law enforcement missions. A commercial LPR database stores recorded vehicle license plate numbcrs from eamcras cq uipped with license plate rcadcr technology. Records arc uploaded into the system from a variety of governmental and private sources including, but not limited to, access control systems such as toll road or parking lot cameras, vehicle repossession companies, and law enforcemcnt agencies. Licenses to access the commercial database are sold to commercial consumers as well as 10 law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database. ICE wi ll use LPR information obtained in response to queries of the commercial database to further its criminal law enforcement and civi l immigration enforcement missions. ICE immigration enforcement personnel will query the LPR database using known license plate numbers associated wi th subjects of their immigration enforcement activities, to determine where and when the vehicle has traveled withi n a specified period of time. The results of the queries will assist in identifyi ng the location of aliens to further ICE's immigration enforcement mission. ICE will also use LPR infonnation obtained from the commercial database to furthe r its criminal law enforcement mission, which includes investigations relatcd to national sccurity, illegal arms exports, financial crimes, commercial fraud, human trafficking, narcotics smuggling, ch ild pornography, and immigration fraud. For example, use of LPR data in this context could he lp to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal activity, such as smuggling. Use of this data is expected to enhance officer and publ ic safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g. , away from a subject's residence if there are suspected to be chi ldren or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially available, query-based LPR database for ICE law enforcement personnel at ICE offices across the United States in the execution of their official law enforcement duties. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performance Requirements The vendor provides: Data Service ContentJScope • The LPR data service shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substant ial unique LPR detection records. • The LPR data service shall compile LPR from at least 25 states and 24 of the top 30 most populous metropolitan statistical areas to the extent authorized bv law in those locations. o A metropol itan statistical area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies fo r statistical purposes. G The LPR data service provider shall demonstrate the number of new unique records that were added to the commercially available LPR database each month for the last consecut ive twelve (12) months. • The LPR data service shall make avai lable at leastJO million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing similar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing simi lar services to other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instructions and guidance to fac ilitate usc of system. • The abil ity to compare new user requests with lists of personnel authorized by ICE to usc the vendor system. • Automatic verification of accounts with the ability to audit by using the user's Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or indirectly by the National Law Enforcement Telecommunication System (N LETS). • The ability to add new users or delete existing users within 24 business hours of ICE's request. • Ini tial training to orient personnel to the usc of their system, including " Help Desk" support related to the use, access, and maintenance of the system. • System training and "Esca lation Procedures" for agency manager and shall include procedures for resetting passwords. • Unlimited technical support to each user. • Periodic or as needed updates to the web interface and mobile application. The vendor will employ appropriate technical, administrative, and physical security controls to protect the integrity, availability, and confidentiality of the data resident in its system. Functional Requirements Query Capabilities • Before a user is able to perform a query from the main system or mobile appl ication, the system must display upon logon a splash screen that describes the agency's pennissible uses of the system and data, and requires the user to affirmatively consent to these rules before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be avai lable to the users via a hyperlink within the main system interface (including any mobile app interface). o The agency will provide the language for the splash screen content. • All queries of the LPR data service shall be based on a license platc numbcr queried by the user only, and the data returned in responsc must be limited to matchcs of that license platc number only within the specified pcriod of time. • The system will not permit user queries of the data service unless a liccnse plate number is entcred. A query can only be conducted by entering a liccnse plate number. • The query interface will incl ude a drop-down field fo r users to select a reason code for the query from a pre-populated list. The specific reason codes wil l be provided by ICE. This field is mandatory for conducting a query. • The query interface wi ll require a user to identify whether the user is entering data for him or herself or fo r another individual. If the user is entering data for another individual, the query interface will require the user to enter the name of the other individual. • The query interface must include a free- text field of at least 255 characters for user notes. This wi ll allow for additional information that will assist ICE in refcrencing the specific case for which the query was performed. Completing this field shall be mandatory for conducting a query. • The system will have the capability to limit the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface wi ll have a field for the user to select or input the appropriate timeframe fo r the query. o The system will display results only for LPR detection records within that timeframe (e.g. , only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets. • To ensure accuracy of info rmation, the response to a query must include at least two photos on all hits. o Photos must be of sufficient quality to allow the user to visually confirm the license plate and vehicle make/model in the photo are the same as what is represented in the vcndor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two diffcrent map views, nearest address, nearest intersection, date and time the liccnse plate was captured, GPS coordinates, and source of the record. o The vendor shall provide a notification mechan ism in the event ICE users identify photographs that do not match the data in their system (license plate numbers or make/model mismatches). The vendor shall address all erroneous data. The vendor shall notify ICE and the ICE user of any inputted erroneous data and keep ICE and ICE users informed of corrections to erroneous data. • The vendor will not use any information provided by the agency (query data) for its own purposes or provide access or disclose such information to other customers, business partners, or any other individual or entity. • The vendor will not use ICE' s queries (the liccnse plate numbers input into the system) for its commcrcial purposcs. The vcndor will only use the queries submitted by ICE to maintain an audit log. Alert List Capabilities • The LPR data service shall provide an "Alert List" feat ure that will allow ICE users to save license plate numbers so they will be automatically queried agai nst new records loaded into the vendor's LPR database on an on-going basis. Any matches wi ll result in a near real-ti me notification to the user. • The LPR data service Alert List wi ll provide capabil ities to share Alert List notifications between ICE users involved in the investigation. • The Alert List feature wi ll: I) Automatically match new incoming de tection records to user-uploaded orentered Alert Lists containi ng the license plate numbers of interest in the investigation; 2) Send an email notification to the user originating such Alert List records and to any ICE user that has been shared the Alert List indicating there is a license plate match to new records in the system; and 3) Provide within the LPR system fo r download a PDF case fi le report for the match (wi th maps, vehicle images, and all pertinent detection & Alert List record information) for each email alert notification. The notification must be able to be limi ted to the user or a use r group of ICE law cnforcement officers involved in the specific investigation. The notification will comply with all applicable laws, including the Driver' s Privacy Protection Act of 1994 , 18 U.S.c. §§ 2721 -2725. • The LPR data service wi ll allow specifica lly designated users to batch upload a maximum of 2,500 license plate records into the "Alert List". The batch upload wi ll be in the form of a si ngle comma separated variable (CSV) fi le with data fields to include, but not limited to the fo llowing: Plate number; State of Registration; Vehicle Year, Make, Model & Color; reason code and an open text field, of at least 255 characters, fo r a user note to assist in referencing the specific purpose / investigation / operation for which the query was performed. • • The Alert List func tion wi ll include an automated capability that fl ags license plates for de-confliction. Liccnse plate pictures taken with the automated Optical Character Recognition (OCR) plate numbcr translation shall be submitted to the LPR data service system for matching with license plates on any eurrent ICE Alert List. Any positive matches shall re turn to the iOS appl ication (identified below) alerting authorized users of a positive match. These pictures will be uploaded into the data service que ry by an authorized ICE user along with any mandatory information needed fo r a no rma l query. The pictures will be retained in the vendor's system for audit purposes only and wi ll not be otherwise accessible or usable for search purposes. • Each license plate number on an Alert List wi ll be valid for one year unless the user removes it before expiration. The system wi ll prompt use rs two weeks prior to expiration and require the user to affirmatively indicate that the re eontinues to be an operational requi rement to keep the particular license plate entry on the Alert List active, or be given the option to delete the license plate from the Alert List. Prompts should continue periodically until the expiration dale is reached. The system will grant the user an additional week after expirat ion to renew the entry in the Alert List. If the user does not re new, the system shal l remove the license plate number from the Alert List. • All Alert List activity shall be audited to capture user name, date and time, reaso n code, and use r note associated with the query, as well as license plate number entry, deletion, renewal, and expiration fro m the alert list. • The vendor shall not retain any data entered onto an Alert List except as part of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert List. Mobile Device Capabilities • The LP R data service shall fea ture an iOS-compatible mobile appl ication that allows authorized ICE users to: o Query the LPR da ta service by entering the license plate number, state of registrat ion, reason code, and the ability to add returned positive matches into the Alert List. • o Have quick access and recall of any queries and Alert Lists associated with the user or designated user group. The vendor application wi ll delete any saved data on the mobile device after 60 days, ifnot already deleted manually by the user. o Provide capabilities to share Alert List notifications between ICE users involved in the investigation. The mobile application will conform to all other performance, privacy, and functional requirements identified in the SOW. The vendor shall coordinate with ICE to make sure that the mobile applicat ion undergoes the required privacy assessment prior to use. Audit alld Reporting Capabilities • The vendor shall generate an immutable audit log in electronic fo rm that chronicles the fo llowing data: o Identity of the user initiating the query or the person on whose behalf the query is initiated, if diffe rent; o Exact query entered, to include license plate number, date limitations, geographic limitations (if applicable), reason code, and any other data selected or input by the user; o Date and time of query; and o Results of the query. • All Alert List activity shall be audited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall provide to ICE user audit reports on a quarterly basis and upon request. Audit reports shall contain the audit log information of a given user(s) for the specified period of time. The vendor shall provide the audit log in electron ic form via secure transmission to ICE promptly upon request. The format of the audit log shall allow for ICE to retrieve user activity by user name (or 10), query entered (e.g., particular license plate) and date/time. The exact technical requirements and format for the audit log will be negotiated after contract award. • The vendor sha ll promptly cooperate with an ICE request to retrieve and provide a copy of the actual records retrieved from the LPR data service in response to a particular query, or any other data relevant to user activity on the vendor system, for purposes of the agency's internal investigations and oversight. • The vendor shall not use audit trai l data for any purpose other than those specified and authorized in th is contract. • The vendor is to provide quarterly, or upon request, statistics based on positive hits against the number of requested searches and hit li st. • The audit logs specified in this statement of work are records under the Federal Records Act. The vendor shall mai ntain these records on behalf of ICE throughout the life of the contract, but for no more than seven (7) years. The vendor is not authorized to share these records, or the Alert List data, with any outside enti ties including other law enforcement agencies. At the end of the contract, the vendor shall extract, transfer, and load these records (including any still-active Alert List data, if requested by ICE) to another storage medium or location specified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After successful transfer of these records, the vendor shall ensure all copies of the records (including any stil l-active Alert List data) are securely deleted from all networks and storage media under its control or under the contro l of any of its agents or subcontractors. The vendor shall meet the following Key Performance Parameters (KPPs): e.6. Promotion of thl' Cont ract The Vendor may promote thi s contract to current ICE employees during the life of the contrac\. The Offeror's goals shall be to: (a) make eustomCI1i aware of this procurcmen! vehicle; (b) make customer~ aware of all availabl e prod ucts and ~erviccs; and (c) assisi customers in creating timely and aceuratc delivery order/purchase orders. e.7. News Releases News releases pertaining to this contract shall not be made without ICE approval , as appropriate, and then only upon writte n approval rece ived fro m the contracting officer and the ICE Office of Publ ie Affairs. e.S. License Type The Vendor shall provide a license Ihal will permit ICE to add or remove users without purchasing additional licenses so long as ICE's authorized user population falls within its purchased entitlements. The Vendor shall not provide a named user license. Quality Assura nce Surveillance Plan (QASP) License Plate Reader (LPR) Data Service NOT E: The Government reserves th e right to r evise or cha nge the QAS P as determin ed by th e Gover nment to ensure qua lity service a nd deliverables over the course of the cont ract. 1. PURPOS E This Quality Assurance Surveillance Plan (QASP) provides a systematic method to eva luate performance for the stated contract. This QASP explains the fo ll owing: • • • • What will be monitored How monitoring wi ll take place Who wi ll conduct the moni toring How monitoring efforts and results wi ll be documented This QASP does not detai l how the Contractor accomplishes the work. Rather, the QASP is created with the premise that the Contractor is responsible for management and qual ity control actions to meet the terms of the contract. It is the Government 's responsibil ity to be objective, fa ir, and consistent in evaluating perfonnance. In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur. This QASP is a "living document" and the Government may review and revise it on a regular basis. However, the Government sha ll coordinate changes with the Contractor. Updates shall ensure that the QASP remains a va lid, useful , and enforceable docume nt. Copies of the original QAS P and revisions shall be provided to the Contractor and Government officials implementing surveillance activities . 2. GOVE RNM ENT ROLES AND RESPONSIBILI TI ES The following personnel shall oversee and coordinate surveil lance activities. a. Contracting Officer (CO) - The CO shall ensure perfonnance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual re lationship. The CO shall also ensure that the Contractor receives impartial, fair, and equitab le treatment under this contract. The CO is ultimately responsible for the fina l determination of the adequacy of the Contractor's performance. b. Contracting Officer's Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government survei llance of the Contractor'S pe rformance. The CO R shall keep a quali ty assurance fi le. At the conclusion of the contract or when requested by the CO, the COR shall provide documentation to the CO . The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government's behalf. The Contractor shall refer any changes they deem may affect contract price, tenns, or condit ions to the CO for action. c. Other Key Government Personnel- Immigration and Customs Enforcement (lCE) National Fugitive Operations Program Headquarters Staff or Federal employees as designated by the COR and/or CO. All Point of Contact's infonnation will be released upon award. 3. PERFORMANCE STANDARDS Perfonnance standards define desired services . The Contractor is responsible for performance of ALL terms and conditions of the contract. CORs will provide contract progress reports quarterly to the CO reflecting perfonnance on this plan and all other aspects of the resultant contract. The perfonnance standards out li ned in thi s QASP shall be used to detennine the level of Contractor performance in the elements defined. The Govern ment performs surveillance to determine the level of Co ntractor perfomlance to these standards. Standards apply to each month of perfommnce. The Performance Req ui rement s are listed be low. The Government wil l lise these standards to determine Contractor performance and shall compare Contractor performance to the standard and assign a rating. At the end of the performance period, thcse ratings wi ll bc used. in part, to establish the past perfonnanee of the Contractor on the contract. The Government wilillse these standards to determine Con tractor performance and compare Contractor performance to the Acceptable Q uality Level (AQL). Table I: Performance Requirements Summary (PRS) Table 2: Performance Stand a rds Matrix Perfo rmance Requirement Parag ra ph Perfo rmance Standard LPR Data Service and Technical Support 4.11.1 4.1 J.2 4.11.4 4.11.5 Upt ime of Data Service and Technical Suppo rt shall be fully availablc 2417/365 Overall Support Service 4.4 4.10 Support Availability Results of LPR Query 4.5.3 4.6 .2 Length of time fo r Resu lts of LPR query to appear after being entered in the end-user computing device Government Documentation Criteria Metrics wi ll be reported in CPARS. Performa nce Level Surveillance Method LPR Data Service downtime shall not exceed 4 hours in any I month pcriod and Meantime between failure (MTBF) is 4,000 operating hours Support Service must be available 2417/365 > 99.0% Validated User/Customer Complaints 100% Inspcction >99% Monitored monthly during the Transition In period. Contractor sel fmonitoring and Validated Use r/Customer Complaints 100% inspection Metrics wi ll be reported in CPARS. Less than 5 seconds after submission 95% Monitored mo nthly during the life of the contract Contractor Selfmonitoring and Vali dated User/Customer Complaints 100% Inspection Metri cs wi ll be reported in CPARS. Performance Indicator 4. METHODS OF QUALITY ASSURANCE (QA) SURYE ILLANCE Regardless of the surveil lance method, the COR shall always contact the Contractor's task manager or onsite representati ve when a defect is identified and infonn the manager of the specifics of the problem. The COR, with assistance from the CO, shall be responsible for monitoring the Contractor' s performance in meeting a specific perfonnance standardlAQL. Various methods exist to monitor performance. The COR wil l use the surveillance methods listed below in the admini stration of thi s QASP. a. PER IODIC INSPECTION • Schedul ed quarterly inspection of audit logs or as required b. V AUDATED USER/CUSTOMER COM PLAIN TS The Contractor is expected to establ ish and maintain professional communication between its employees and customers. The primary objective of thi s communication is customer sati sfaction. Customer sati sfaction is the most significant external indicator of the success and effectiveness of all services provided and can be measured through customer complaints. Perfonnanc e management drives the Contractor to be customer focu sed through initially and internal ly addressing customer complaints and invest igating the issues and/or problems but the customer always has the option of commun icating complaints to the COR, as opposed to the Contractor. Customer complaints, to be considered va lid, must be set forth clearly and in writing the detailed nature of the compla int, must be signed, and must be forwarded to the COR. Customer fee dback may also be obtained either from the resu lts of customer satisfaction surveys or from random customer complaints. • • • Review of identified defic iencies and or complaints made by users of the services Investigate and validate Review of notification of report d iscrepancies c. 100% INSPECTION • • • • Review of LPR Data Service uptime Review of Scheduled Downtime Review Meantime Between Fail ure (MTB F) Review Overall Support Service Availab il ity d. Analysis of Contractor's progress report . The Contractor is req uired to provide a weekly progress report that will be used to communicate the Contractor's status in the Transition phase. e. Performance reporting. Surveillance results will be used as the basis for actions aga inst the Contractor Past Performance Report. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO's actions. 5. DOCUMENTI NG PERFORMANCE Documentation must be accurate and thorough. Completeness, currency, and accuracy support both sati sfactory and unsatisfactory perfonnancc a. ACCEPTABLE PERFORMANCE The Government shall document positive performance. All positive performance should be documented by an email to the COR describing the outstanding perfonnance and why it is of value to the Government. This information shall become a part of the supporting documentation for the Contractor Performance Assessment Reporting System (CPARS) and the QASP b. UNACCEPTABLE PERFORMANCE When unacceptable pcrfonnancc occurs, the COR shall infonn the Contractor. This will be in writing unless circumstances necessitate verbal communication. in any case the COR shall document the discussion and place it in the COR file. When the COR determines formal wri tten communication is required, the COR shall prepare a Contract Di screpancy Report (CDR), and present it to the Contractor's representati ve. A CDR template is avai lable upon request to the Contracting Officer. The Contractor wi ll acknowledge receipt of the CDR in writing. The CD R will spec ify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable perfomlance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to prese nt th is corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to detennine acceptability. Any CDRs will become a part of the supporting documentation for Past Performance. 6. FREQUENCY OF MEASUREMENT Wh ile the Contractor is fully expected to comply with all requirements in the PWS, the Government's assessment of Contractor performance will focus mainly on the objectives listed in the AQL column of the Performance Standards Summary Matrix. The COR wi ll monitor the Contractor's performance to ensure it meets the standards of the contract. Unacceptable perfonnance may result in the Contracting Officer taking any of the fo llowing actions: Require the Contractor to take necessary action to ensure that future perfonnance confonns to contract req ui rements, reduce the contract price to reflect the reduced value of the services, issue a Contract Discrepancy Report, or require the Contractor to re-perfonn the service. In addition, the Contractor 's performance will be recorded annually in the Contractor Perfonnance Assessment Report (CPAR). Signature - Contracting Officer's Representative Signature - Contracting Officer ATrACHMENT 3: TE RMS AND CON DI T IONS CUSTOM CO ADDED TE RMS AN D CON DITIONS In the case ofa conflic t between the terms and conditions of the contractor's agreement and the terms and cond itions of this purchase order, all appl icable federa l statutes and regulations shall govern. 52.204-21 BASI C SAFEGUARDING OF COVE RED CONTRACTOR INFORMATION SYSTEM (JUN 2016) (a) Definitions. As used in this clause"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract informat ion. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or del iver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. " Information" means any commun ication or representation of knowledge such as fac ts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Securi ty Systems Instruction (CNSSI) 4009). " Information system" means a discrete set of information resources organized fo r the col lection, processing, maintenance, use, sharing, di ssemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or control s that are prescri bed to protect info rmation systems. (b) Safeguarding requirements and procedures. (\) The Contractor shall apply the following basic safeguarding rcquircments and procedures to protcct covered contractor infonnat ion systems. Requiremcnts and procedures fo r basic safeguarding of covered contractor informatio n systcms shall include, at a minimum, the following security controls: (i) Limit informa tion system access to authorized users, processes acting on bchalf of authorized users, or devices (including other information systems). (ii) Limit infonnation system access to the types of transact ions and funct ions that authorized users are pennilled (0 execute. (ii i) Verify and control/limit connections to and use of external informat ion systems. (iv) Control infonnation posted or processed on publ icly accessible information systems. (v) Identify information system users, processes acting on behal f of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowi ng access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Infonnation before d isposal or release for reuse. (viii) Limit physical access to organizational infonnation systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new rcleases are available. (xv) Perform periodic scans of the informalion system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relati ng to covered contractor information systems generally or other Federal safeguardi ng requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including th is paragraph (c), in subcontracts under this contract (including subcontracts fo r the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its info rmation system. 52.209-07 INFORMATION REGARDING RESPONS IBILITY MATTERS (J UL 2013) (a) Defi nitions. As used in this provision. "Admini strative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a detem1ination of fault or liabi lity (e.g., Securities and Exchange Commission Administrative Proceedings, Civi lian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State leve l but only in connection with performance of a Federal contract or grant. It does not include agency actions suc h as contract audits, site visits, corrective plans, or inspection of deliverables. " Fcderal contracts and grants with total value greater than SIO,OOO,OOO" means. (I) The total value of al l current, active contracts and grants, including all priced options; and (2) (2) Thc total value ofal! currcnt, active orders including all priced options under indefinite-delivery, indefinite-quamity, 8(a), or requirements comracts (including task and delivery and multiple-award Schedules). " Principal" means an officer, director, owner, partner, or a person having primary managemem or supervisory responsibi lities within a business ent ity (e.g., general manager; plant manager; head ofa division or business segment; and similar positions). (b) The offeror [1 has [ ] does not have current active Federal contracts and grants with total value greater than S I 0,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (F APII S) is current, accurate, and comp lete as of the date of submission of this offer with regard to the fo llowing information: (1) Whcther the offeror, and/or any of its principals, has o r has not, within the last fi ve years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal procecding, a conviction. (ii) In a civil proceeding, a fi nding of fault and liabil ity that results in the payment of a monetary fine , pcnalty, rcimburscment, restitution, or damages ofS5,000 or more. (ii i) In an administrative proceeding, a findi ng of fault and liabi lity that rcsu lts in. (A) The payment of a monetary fine or penalty ofS5 ,000 or more; or (B) The payment ofa reimbursemcnt, rcstitution, or damages in exccss ofS 100,000. (iv) In a criminal, civil, or administrative procecd ing, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor ifthc procecding could have led to any of the outcomes specified in paragraphs (c)( I lei), (c)( I )(ii), or (c)( I )(iii) of this provision. (2) [fthe offeror has been involved in the last five years in any of the occurrences listed in (c)(I) of this provision, whether the offeror has provided the requested infonnation with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)( I)(i) through (c)(I)(iv) of this provision in FAPllS as required through maintaining an active registration in the System for Award Management database via https:llwww.acquisi tion.gov(see52.204-7). S2.212-IINSTRUCTIONS TO OFFERORS. COMMERCIAL IT EMS (J AN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisi tion appear in Block [0 of the sol icitation cover sheet (Sf. [449). However, the small business size standard for a concern which submi ts an offer in its own name, but which proposes to furnish an item which it did not itse[fmanufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF [449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show. ([) The sol icitation number; (2) The time specified in the solicitation fo r receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A tcchnical dcscription ofthc itcms bci ng offcrcd in sufficient detail to cva[uatc comp[iancc with thc requircments in thc solicitation. This may include productl itcrature, or other documents, if necessary; (5) Tern1s of any express warranty; (6) Price and any discount terms; (7) " Rcmit to" address, if different than mai ling address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete e lectronically); (9) Acknowledgment ofSo[ici tation Amendments; ([ 0) Past performance information, when included as an evaluation fac tor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (II) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the tenns and conditions of the sol icitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer finn for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the sol icitation. (d) Product samples. When required by the sol icitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward test ing. (e) Multiple offers. Offerors are encouraged to submit mUltiple offers presenting alternative terms and condit ions, ineluding alternative line items (provided that the alternat ive line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitat ion. Each offer submitted will be evaluated separately. (t) Late submissions, modifications, revisions, and withdrawals of offers. (I) Offcrors arc rcsponsible for submitting offers, and any modifications, revisions, or withdrawals, so as to rcach the Govcrnment office designated in thc solicitation by the timc speci fi cd in thc sol icitation. lfno time is spccified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and. (A) lfit was transmitted through an electronic commeree method authorized by the sol icitation, it was reeeived at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (8) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this sol icitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be eonsidered at any time it is received and may be accepted. (3) Acceptable evidence to estab lish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, othcr documentary evidence of receipt maintai ned by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event intelTUpts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the so licitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the firs t work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral so licitations may be withdrawn orally. If the sol icitation authorizes facs imile offers, offers may be withdrawn via facsimile received at any time before the exact time set fo r receipt of offers, subject to the conditions specified in the sol icitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offcrs, the identity of the pcrson requesting withdrawal is establ ished and the person signs a receipt for the offer. (g) Contract award (not applicable to Invi tation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct di scussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such [lction is in (he public interest; accept other than the lowest olTer; and waive informalities and minor irregularities in o lTers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unle.ss the ofthor qualifies the o ncr by speci lic limitations. Unless otherwise provided in the Schedule. olTers may not be submitted lor quamities less than those specified. The Government reserves the right to make an award Oil any item for a quantity less than the quantity oftered, at the unit prices oftcred, unless (he offeror specifies otherwise in the offer. (i) AVililability of requirements documents cited in the solicitiltion. (\)(i) The GSA Index ofFeder3 l Specifications, Siandards and Commereia lltem Descriptions. FPM R Part 101-29, and copics of spec iii cations. standards. and commercial item descriptions cited in ihis solicitation may be obtained for a fce by submitting a request to. GSA Federal Supply Service Specifications Section Suite _ 470 East L·En!";.!nt Plaza. SW Washington, DC20407 Telephone (202) 619~J~~:J Facsimile (202) 619-8978. (ii) If the General Services Administration. Dcpanment of Agriculture, or Department or Veterans Affairs issued this solicihllion, a single copy of specifications, standards, and commercial item descriptions ciled in this so licitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)( I)(i) of this provision. Additional copies wi ll be issued for a fcc. (2) Most unclassified Defense specifica tions and standards may be downloaded from the fo llowing ASSIST wcbsites: (i) ASSIST (htlps :Jlassist.dla.mil/onl ine/sturtl). (ii) Quick Search (http://guicksearch.dla.mi l/l. (iii) ASS lSTdocs.com (http://assistdocs.com). (3) Documents not 'criplilm (3) ReqlfiremelllllJ Support Privucy Complhlllce (a) The Contractor shall support the completion of the Privacy Threshold Analysis ( PTA) document when it is requ ired. PT As are triggered by the creation, modification. upgrade, or disposition of an IT system, and must be renewed at least every three years. Upon review ofille PTA, the DH S Pri vacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Noiice (SORN). or modifications thereto, arc required. The Contractor shall provide adequate SUppOTlIO complete the PIA in a timely manner. and shall ensure that project management plans and schedules include the PTA, PIA, and SORN (to the extent required) as milestones. Additional infonnation on the privacy comp liance process at DHS, including PT k. PI As. and SURNs. is located on the DH S Pri vacy Office website (www.dhs.govlprivacy)under·'Comp liance." DHS Privacy Policy Guidance Memorandum 2008-02 sets forth wben a PIA will be required at DHS, and the Pri vacy Impact Assessment Gui dance and Template outline the requirements and fonnat for the PIA. (b) Ifthc contract illvolves an IT system build or substantial development or changes 10 an IT system that may require pri vacy documentation, the Contractor shall assign or procurc a Privacy Lead, \0 be listcd under "Key Personnel." The Privacy Lead shall be responsible for providing adequate support to DHS to ensure DHS can complcte any required PTA, PIA, SORN, or other supporting documentation to support privacy compliance. The Pri vacy Lead shal l work with personnel fTOm thc program oOlce, the ICE Privacy OlTIee, the Ollice of the Chi ef Infonnaiion Ofticer, amI the Records Management Branch to ensure that the privacy documentation is kept on sched ule. that the answcrs to questions in the PIA arc thorough and eomplcte, and that questions asked by the ICE Privacy Office and other otlices are answered in a timely fashion. The Privacy Lead: • • • • Must have excellent writing ski lls, the ability to explain technology clearly for a nontechn ical audience. and the ability to synthesize information from a variety of sources. Must have excellent verbal communication and organizational skills. Must have experience writing PIAs. Ide:llly thc cand idate wou ld have experience writing PIAs for DHS. Must be knowledgeable about the Pri vacy Act of 1974 and the E-Government Act of 2()02. • Must be able to work well with olhers. (c ) If a Pri vacy Lead is al ready in place with the program office and the contract involves IT system builds or substantia l changes that may require privacy documentation, the reqllirement for a separate Private Lead specil1cally assigned under this contract may be waived provided the Contractor agrees have the existing Privacy Lead coordinate with and support the ICE Privacy POC to ensure .privacy [0 concerns are proactively reviewed and so ICE can complete any required PTA, PIA, SORN, or other supporting documentat ion to support privacy compliance ifrequired . The Contractor shall work wi th personnel from the program office, the ICE Office ofInformation Governance and Privacy, and the Office of the Chief Information Officer to ensure that the privacy documentation is kept on schedule, that the answers to questions in any privacy documents are thorough and complete, that all records management requirements are met, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fash ion. (End of Clause) Attachment 5: Price Item Description • II Estimated Unit Estimated Fixed Price Per Unit 0 ssue 0001 Access to license Plate System (All Users), Base Vear · POP , 12/21/2017 · 0002 Access to license Plate System (All Users), Option Year 1 - 02/01/2018- 0004 Access to license Plate System (All Users), Option Vear 3 · POP, 02/01/2020· Pricing Explanation: *Contract start date will be 12/21/2017; however, West bill ing Is systematically Thomson Reuters Response to RFQ 70CDCR 18QOOOOOOOS License Plate Reader Commercial Data Service via Vigilant ' s LEARN Platform Techn icHI Response - Revision 2 SUBM ITTED TO U.S. Department of Homeland Security Imntigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) SUBMITTAL DATE: December 22. 2017 SUBM ITTED BY APMP Sendor Proposal Coordinator Client Relationship Manager Source selection Sensitive This document includes proprietary information that shall not be duplicated, used, or disclosed outside of DHS ICE-in whole or in partfor any purpose other than evaluating this proposal. This information is deemed proprietary because it contains pricing and con fidentia l corporate information that is of critical value to Thomson Reuters and our partners in a highly competitive market. Contents INTROOl:CTION ........................... ..................... ................. .... ................. ................ 1 SECTION I - TECHNICAL APPROACH ............................................... ................. 2 C.4 RESPONSES TO PERFORMANCE REQUIREMENTS ............................................. 2 Data Serv ice Content/Scope ........................................................................................................... 2 User Managelnent and Support. ...................................................................................................... 5 Functional Requirements ... ................ ....... .... .. .......... ................ .. .... ................... .................... ....... .. 7 Query Capabili ties .................................................................................................................................... 7 Alert List Capabilities ............................................................................................................................ 10 Mobile Device Capabi lities .................................................................................................................... 12 Audit and Reporting Capabilities .... ................ ................................ ........................ ........ ....................... 13 C.S C.6 C.7 C.S IS NOT IDENTIFIEDIINCLUDED IN THE STATEMENT OF WORK .................. .. 16 PROMOTION OF THE CONTRACT ........................................................................ 17 NEWS RELEASES .................................................... ................................ .................. 17 LICENSE TyPE ........................................................ .................................................. 17 SECTION II - PAST PEUFORMANCE ................................................................. 18 (C '~)) ".' . Page I THOMSON REUTERS Thomson Reuters Response to OHS ICE December 2017 fnlrnJ u(.:t illn T homson Reuters has a long history of co mmitment to meeting the informational needs of the Department of Homeland Securi ty (DHS). including lmmi gration and Customs Enforcement (ICE). and we seek to maintain and expand that relationship in responding to the current Req ues t for Quote fo r access to a License Plate Reader database. Through the combin at ion of comprehens ive and reli able data, techno logy, and expertise in how public records and related information can bene fit government objectives, Thom son Reuters. with our partner, Vigilant Soluti ons, is uniquely pos itioned to help ICE meet your agency's diverse chall enges with O llr subscription serv ices. Based on conversations wi th ICE personnel abo ut the spec ific in vestigati ve needs of ICE, Thomson Reuters can provide access to li cense plate reader data via a hyperlink to the LEARN platform through the CLEAR platfo ml. Providing access to the data thro ugh CLEAR provides reass urance to ICE, by virtue of ex isting agreed-upon telms and auditing requirements, per agency mandate. T hi s offer al so provides access to LPR through Vigil ant's LEARN platroml, which is maintained and supported by Vigi lant. T he Thomson Reuters CLEAR team has been success fully supporting DHS's investi gati ve research needs and initi at ives since the agency's incepti on. W e are proud 10 support the D HS and look forward to continuing our long-standing paltnership. ThomSOfl Reuters Response to DHS ICESOURCE SElECTION SENSITIVE Page 1 December 201 7 C.4 Responses to Perfonnance Requirements In thi s secti on o f o ur response, we respond directl y to the Perfomlance Requ irement s in the Statement of Work of th e RFQ. Th e in formation presented here is considered propri etary and confidentiaL DATA SERVICE CONTENT/SCOPE We propose access to License Pl ate Reader (LPR) data via hyperlink from Thomson Reuters CLEAR to Vigil ant Soluti ons' (V igil ant's) LEARN pl atform . Requirement: The LPR data service shall conlain LPR records fro m a variety o f source.."> across Lhe United Siales, such as toll road or parking 101 cameras, vehicl e repossess ion companies, and law enforcement agencies. Response: The offered LPR data is collected from various toll roads, parking lot/garages, repossess ion vehicles and law enforcement agencies nationwide. Requirement: T he LPR data service shall include substantial unique LPR detecti on records. Response: Vigilan t's database currentl y has hundreds o f millions o f unique detectio n records from commercial so urces. Bes ides LPR records from commercial sources such as parking garages , to lls and asset recovery vehicl es Vi gi.l ant al so has a large network of local and state law enforcement agencies (LEAs) across the country. Thi s network o f LEAs has the ability to share their LPR record s with ICE regardless o f their LPR hard ware provider. All LEA detection records are the intell ectual property of the LEA and all retention tim es and permi ss ions on these records are set by those agencies. Vi gilant onl y hosts and maintains those records. Requirement: The LPR data service shall compil e LPR records from at least 25 states and 24 of the top thirty (30) mos t popul ous metropolitan statistical areas within th e Unit ed Slates to the ex tent that coll ection of LPR data is authorized by law in th ose locat ions. A metropolit an statistical area is defin ed as : a geographical region with a relati vely hi gh popul ati on density al its core and close economic ties throu ghout the area as defin ed by the Offi ce of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies for stati sti cal purposes. Response : Fort y-seven (47) states, the Distric t o f Columbi a, and Puel10 Rico have commercial LPR scan record s. (Hawaii , Maine, and Vermont do not. ) A li st of the most popul ous 50 metropolitan areas in the US with commercial LP.R data is provided below and exceeds th e minimum req uirement by DHS. Additional locations can be provided upon request. Thomson Reuters Response to OHS ICE SOURCE SElECTION SENSITIVE Page 2 December 2017 3 4 5 6 -I lL-IN-WI 7 14 15 16 17 18 19 Cleveland-EI 26 27 28 29 30 31 32 33 Denver- Aurora-Broom 34 40 41 42 ;:: t'}=",_) THOMSON REUTERS Thomson Reuters Response to OHS ICE SOURCE SElECTION SENSITIVE Page 3 December 2017 43 44 45 46 47 48 49 50 Raleigh-Cary,NC Bakersfield-Delano,CA MyrtleBeach-NorthMyrtleBeach-Conway,SC M inneapoli s-St.Paul-B loomington,MN -WI Bu ffalo-N iagaraFall s,NY New Haven-M ilford ,CT Bridger ort-S tam ford-Norwalk,CT Corpus Christi ,TX The map below shows the de nsity and coverage of Vigilant 's com mercial LPR data. Red areas have higher concentrations fo llowed by yell ow and green. • ok, ~ . • \4.or' . ~ ..;~,. --~ • • ,....1., 4 ..... ~..., ---..... . ~, .....' WIt ....... ·• -l"'" '" , Req uirement: The LPR data service prov ider shall demonstrate the number of new unique records that were added to the commerc iall y avail able LPR database each month fo r the last consecuti ve twelve ( 12) month s. Respons e: A summary of the number of unique records fo r each month over the last twelve (12) months is provided in the tabl e below . _,Mo~tI~z:.y~a r.:.l.JIPiq~ej:Qlllnler£i~UJata j{e~~)r~~ .153,649.853 16-Dec 147,648,720 17-Jan 17-Feb 146,027,234 17-Mar 172 ,324, 187 163 ,997, 190 17-Apr 17-May 175,0 11,763 17-Jun 162,459, 125 17-Jul 158,693,852 .. ;: ~~f" "'::;" THOM SON REUTERS Thomson Reuters Response to DHS ICE SOURCE SElECTION SENSITIVE Page 4 December 2017 17-Aug 17-Sep 17-0cI 17-Nov AVERAGE 170,583,23 1 152,930,84 1 169,472,084 170,202,442 161,916,710 Records/Month Requirement: The LPR data service shall make available at least 30 million new unique LPR data records each month . Response: Vigilant's commerc ial database currentl y adds an average of 150-200 milli on unique records each month . Requirement: 'TIle vendor shall have a hi story of at least five (5) years of providing simil ar LPR data services and/or products to Jaw enforcement agencies. Response : Vigilant Solutions, formerly Vigilant Video , was incorporated in 2005 and began selling LPR hardware and software in the publi c safety market shortly thereafter. Thomson Reuters has been providing C LEAR to DHS and other law enforcement agencies since 2008, and members of the federal client management team have prov ided CLEAR or CLEAR' s predecessor product even earli er, including to DHS since the agency's incepti on. Requirement: The vendor shaH already be providing si mil ar serv ices to other law enforcement agency customers. Response: Thomson Reut ers currentl y provides online investi gative researc h resources to agencies across the US Government and coll ectively to thousands of customers at all levels of government and level enforcement. Similarly, Vigilant provides an array of produ cts and services to law enforcement c ustomers across the US . l lSElt 1\J.\N \GDIENT AND SUPPORT The vendor shall prov ide: Requirement: Written in structi ons and guidance to fac ilitate use of system. Response: C LEAR reso urces will be availabl e to guide access to the LPR feature via CLEAR. Additionally. Vigi.lant will provide Agency Manager and System User Manual s. An electronic copy in PDF format will be provided by emaiito the DHS project manager, as well as on CD. Besides wriLlen instruction, the LEA RN software will have "Tutori al Guide" icon within the interface that will open a browser window and direct the user to a short YouTube video illustrating how to perform the specific feature. Below is a rep resentation of the icon. •. ·:';t a ....G' THOMSON REUTERS '.~.. r Thomson Reuters Respon~e to DHS ICE SOURCE SElECTION SENSITIVE Page 5 December 2017 Requirement: The abi lity to compare new user requests with li sts of personnel authorized by ICE to use the vendor system. Response: All decisions regarding access to the system will be made at ICE in accordance with the CLEAR Admini strator's Standard Operating Procedures Manual. LEARN access will require separat e credential s and will be given to the users upon receipt of a user li st from .ICE. Authori zed CLEAR users will have add itional LEARN credential s ge nerated . ICE may authorize onl y ICE users; ICE may not provide access to users from other agencies. Req uirement: Automatic verification of accounts wi th the ability to audit by usin g th e user's Originatin g Agency Identifi er (OR!) to be matched against a cutTent real-time list of active OR] numbers provided directly or indirectl y by the National Law Enforcement Telecommuni cation System (NLETS). Response: ICE will assign their intended authorized users; no ORI will be needed. Req uirement: The ability to add new users or delete ex isting users within 24 business hours of ICE's request. Response: To maintain consistency with the CLEAR contract. addition of new users or deletion of exi sting users wi ll occur as soon as poss ible, but at no point longer than 24 business hours. Thom son Reuters wi ll work with ICE regarding management of user population. Requirement: [nitial train ing to orient personnel to the use of their system , including "Help Desk" support related to the use. access, and maintenance of the system. Response: The Thom son Reuters CLEAR contract includes a full -time Client Relationship Manager. Thom son Reuters wi ll provide annual Agency Manager and System User training on site at ICE facilities. User manual s wiI.J be provided as well as links to short videos uploaded to YouTube that demonstrate how to utilize some of the LEARN features. For CLEAR access, Thomson Reuters will also provide "Help Desk" support 24171365 via phone (877-242 - 1229), or support via email (c Iear@thomsonreuters.com ). Requirement: System training and "Escalation Procedures" for agency manager and shall include procedures for resetting passwords. Response:A "Forgot My Password" link wi ll be included for users to reset any forgotten passwords upon any attempt to sign in. Customer support, including escalation , when appropriate regarding impact, wi ll be ava il able for other iss ues. !Requirement: Unlimited technical support· to each user. Response: Thom son Reuters wi ll provide unlimited technical support 2417 for each user of CLEAR. Vigilant wjll provide unl imited technical support 2417 for each user of the LEARN platfoml. (~•. '~~ THOMSON REUTERS Thomson Reuters Respon~e to DHS ICE SOURCE SElECTION SENSITIVE Page 6 December 2017 Requirement: Periodic or as needed updates to the web interface and mobile application . 1l1e vendor will empl oy appropriate technical, admini straLi ve, and phys ical sec urity controls to protec t the integrity, avail ability, and confidentialit y of the data resident in its system. Response: CLEAR undergoes periodi c updates for enhancements and updates. Thomson Reuters is certified to international standards, 27001 and 9001 , assurin g appropriate control s and processes to protect data and system integrit y. Vigi lant wi ll periodicall y update the user interface and mobil e application. Bes ides reg ul ar updates to the softw are interfaces and mobil e applications, Vi gilant is committed to providing a top-tier hosting facility with Verio, a Microso ft Gold Certified Partner. This helps provide a high level of quality ass urance with all hosted Microso ft products. Veri o is certified ISO 9001:2008, the internationall y recogni zed standard for Quality Management Systems, and has been independentl y audited and verifi ed for co mpliance under the Statement of Auditing Standards Number 70 rSAS701 Type IT. The premier LEARN-NVLS data centers feature s: • • • • • • • • • • Redundant Power Sources Redundant Fiber Connectivity OCI2 & OC48 Connectivity HV AC Environmental Monitoring Secure Ph ysical Access Control Physical Escort for Onsite Vi sitors Multiple Di esel Fuel Generators Active Fire Prevention & Suppress ion 24 X 7 Monitoring and Operational Support Onsite System Admini stTators/Engineers FUNCTIONAL REQUIREMENTS QUERY CAPABILITIES Requirements: Before a user is able to perform a query from (he main sys tem or mobil e application, the system must di splay upon logon a splash screen that describes the agency's permiss ible uses of the system and data, and requires the user to affirmatively consent to these rules before proceedi.ng further. - The splash screen will appear at each logon event. - The text on the splash screen shall also be availabl e to the users via a hyperlink wi thin the main system interface (including any mobile app interface). - The agency wi ll provide the language for the splash screen content. Response: Upon log in to CLEAR, users must select from avai.l abl e options the appli cab le permiss ibl e use/purpose for the various regulati ons (e.g., DPPA). Included with direct access to the LEARN platform, Vig il ant wi ll provide a splash screen upon loggi ng into the sys tem that will describe the agency' s permi ssibl e uses of the data and will require the user to affumatively consent to these rul es before proceeding. The ICE provided message will also be avai.labl e via hyperlink. (~•. '~~ THOMSON REUTERS Thomson Reuters Respon~e to DHS ICE SOURCE SElECTION SENSITIVE Page 7 December 2017 Requirement: All queri es of the LPR data service shall be based on a li cense pl ate number queri ed by the user onl y, and the data retumed in response mu st be limited to matches of that license pl ate number onl y within the specifi ed peri od of time. Response: Included wi th direct access to the LEARN pl atform, we understand that all queries of the LPR data shall be based on a li cense pl ate number entered by the user. The data returned in response will be limited to the matches of that license plate number only within the specified period of time. Requirement: The system will not pennit user queri es of the data service unl ess a license plate number is entered. A query can onl y be conducted by entering a license plate number. Response: The Vigilant user interface will allow a user to search onl y if a li cense pl ate is entered. (S pecifi c fun cti onality, e.g., StakeoutiMake·Model functi onality, wo uld need to be tumed off in order to li mit searc hing by li ce nse plate number onl y and to prevent searches by other methods.) Requirement: The query interface will incl ude a drop·down fi eld for users to select a reason code for the query from a pre·populated li st. The spec ific reason codes will be provided by ICE. Thi s fi eld is mandatory for conducting a query. Response: Vigil ant has a mandatory reason code field, and an optional free·text field of up to 255 characters. If awarded, Vigi lant will make thi s a mandatory audit screen that the user must populate prior to any query. The audit screen includes the name of the requestor, case number, reason code, and the free· text fie ld. Requirement: The query interface will require a user to identify whether the user is entering data for him or herself or for another indi vidual If the user is entering data for another indi vidual, the query interface will require the user to enter the name of the other indi vidual. Response: Vigil ant will require a user to indicate who is requesting the query. All informati on will be stored in audit logs. Requirement: The query interface mu st include a free·tex t tield of at least 255 characters for user notes. This wi ll allow for additi onal information that will assist ICE in referencin g the spec ific case for which the query was performed. Compl eting thi s fi eld shall be mandatory for conductin g a query. Response: Vigil ant will provide a free·tex t fi eld of up to 255 characters fo r user to enter notes. Thi s feature can be made mandatory for all queries or reports. Requirement: The system will have the capability to limit the query by time frame to all ow users to compl y with agency policy. Depending on the type of inves tigati on being conducted, agency policy will all ow the user to query the histori cal LPR detection records for onl y a certain peri od of time (e.g., going bac k 5 years from the date of query for any immi grati on in vesti gati on). • The query interface will have a fi eld for the user to select or input the appropriate timeframe for the query. • The system will di splay results onl y for LPR detection records within that timeframe Thomson Reuters Response to DHS ICE SOURCE SElECTION SENSITIVE Page 8 December 2017 (e.g., onl y for the last 5 years). • The system shaH not run a query that lacks a time frame entered by th e user. Response: The LPR query will be limited to a time fTame consistent with agency poli cy, e.g., fi ve (5) years. The system also will block any queries that lack a time fram e. Requirement: The vendor shall guarantee the result s of queries meet a hi gh degree of acc uracy in datasels, with a marg in of error not more than 2%. Response: The LEARN platform solution will prov ide direct query index look-ups. For ex ample, pl ate ABC I2 3 will always return record s tagged as plate ABC I2 3. We are 100% correct due to data being staticall y indexed by exact pl ate numbers. Note: Whil e indexes are stat.i call y created, the image anal ysis to create the static index is still subject to an accuracy of less than 98% due to a number of items such as angle of LPR cameras, impacted snow on the pl ate, bent/damaged pl ate, partiall y obstructed view of pl ates, heavy snow or rain, etc. Requirement: To ensure accuracy of information, the response to a query must include at least two photos on all hit s. • Photos must be of suEficient quality to allow the user to visuall y confirm th e li cense pl ate and vehicle make/model in the photo are the same as what is represented in the vendor system. • Query results must seaml essly integrate with web-based interacti ve maps. The printable report. should show twO different map views, nearest address, nearest intersection, date and ti me the li cense plate was captured, GPS coordinates, and so urces of the record. Response: In th e LEARN pl atform, LPR cameras do not use visibl e light, such as a fl ashlight. The vehicl es make, model, or color at night can be hard to identify. Thi s is true for all LPR records in low ambi ent li ght conditions, whi ch we cannot control. To help identify vehicles at ni ght , Vigilant has developed a way to popul ate a daytime image within a nighttime im age of a veh.icle if the vehicl e has been scanned during the day, so the user can quickl y identify and confirm vehicle make, model, and color. In most states we can also identify vehicl e make and model, by using additional information gath ered from CarFax that is seaml essly integrated into the software. Alth ough we can help identify a large number of ni ghttime records, we cannot do so fo r 100% of the reco rds due to these circumstances, although a very high percent age can be identifi ed with even nighttime images. All LPR record s will incl ude two (2) images (one of the vehicl e and one of the li cense plate). Printabl e reports will include images. Google map, GoogJe satellite image, nearest address, nearest intersecti on, GPS coordinates and so urce of th e record . Requirement: The vendor shall prov ide a noti ficati on mechani sm in the event ICE users identify photograph s that do not match the data in their system (license pl ate numbers or make/model mi smatches). The vendor shall address all erroneo us data. The vendor shall not ify ICE and the ICE user of any inputted elTOneOliS data and keep ICE and ICE users in formed of corrections to erroneous data. (~•. '~~ THOMSON ReUTERS Tho m son Reuters Response to OHS ICE SOURCE SElECTION SENSITIVE Page 9 Decem ber 2017 Response: Vigilant will insert a "misread" button on the detect ion view, which will generate a notificatjon to Vigi lant personnel. Vigilant will not mod ify data owned by third parties (e.g., plate images. third-party queries), because that data is the property of the coll ecting agency . Requirement: The vendor will not use any information provided by th e agency (query data) for its own purposes or provide access or disclose such information to other customers, business partners, or any other individual or entity. Response: Th omson Reuters and Vigi lant value the trust pl aced in us by ICE and will not use or di sclose any DHS informati on to other customers, business partners, or other individuals or entities. DHS will have the ability to accept additional LPR data that is coll ected by 10caJ and state law enforcement agencies acros s the co untry who are already Vigilant customers and reside on the LEARN hosted server. Thi s could provide hundreds of miUions more LPR scans availabl e for ICE to search. Currently there are almost 500 million detection records that are coll ected by local and state LEA s. All shared LEA records are the intellectual property of the respecti ve LEAs. Vigilant cannot edit or modify these records should there be a misread. If ICE accepts the LPR records from the LEAs , IC E does not have to share anything in return. All sharing control s are set, monitored, and maintained by ICE Agency Man agers. Req uirement: The vendor will not use ICE's queri es (the license plate numbers input into the system) for its commercial purposes. The vendor wi ll onl y use the queries submjtted by ICE to maintain an aud it log. Response: ICE ' s query data will not be used for commercial purpose by Thomson Reuters or Vigilant. Queries submitted by ICE will be stored onl y to maintain an audit log for the applicable platform. ALERT LIST CAPABILITIES Requirement: The LPR data service shaJl provide an "Alel1 List" feature that wi ll all ow ICE users to save license plate numbers so th ey will be automatically queri ed against new records loaded into the vendor's LPR database on an on-go in g ba sis. Any matches will result in a near real-time notificatjon to the user. Response: Included with direct access to the LEARN platform, Vigi lant will provide an "Alert Li st" feature call ed " Hot-Plate". The hot-pl ate will be saved within the LEARN system and be compared to new records as they are loaded into the system's database. Any matches will generate a near real -time alert notification to the users with permi ss ions to the hot-plate record. Requirement: The LPR data service Alert Li st wi ll pro vide capabilities to share Alert List notifi cation s between ICE users involved in the in vestigation. Response: Included with access to the LEARN platform, Vigilant wi ll provide the ability to share Alert Li sts notifi cation s between ICE users. Requirement: The Alert List feature will: I) Automatically match new incoming detection records to user-uploaded or - entered Alert Lists containing the license plate numbers of interest in the in vestigation ; 2) Send an email notification to the user originating such Al ert Li st records and to any ICE user that has been shared the Alert Li st indicating there is a li cense plate match to new records in ..:' '.; tI "1': THOMSON REUTERS .:0;- .••' Thomson Reuters Respon~e to OHS ICE SOURCE SElECTION SENSITIVE Page 10 December 2017 the system; and 3) Prov ide within the LPR system for downl oad a PDF case til e report for the match (w ith maps, vehicle images, and all pertinent detection & Alert Li st record in for mati on) for each email alert notification. The notifica tion must be abl e to be limited to the user or a user gro up of ICE law enforcement offi cers in volved in the specific in vesti gati on. The notifi cati on will compl y with all appli cable laws, incl uding the Dri ver's Pri vacy Protection Act of 1994, 18 U.S.c. §§ 272 1-2725. Response: Incl uded with access to the LEARN platfoml, Vigilant will prov ide the ability to automati call y match new detections against a user upl oaded alert li st. The noti fication wi ll provide maps, images, GPS, date, ti me, and nearest address and cross street. The notification can be sent to multiple ICE users that are sharing the alert list for the specifi c in vesti gations. DPPA appli es only to the release of personal information from a state's dep,Ulment of motor vehicl e (DM V) rec ords. Vigil ant 's system does not interfere with DMV records. ICE may insert any information in the alert list. Subsequentl y, th e data fields that may co ntain PIT in fo nnati on are encrypted with AES256 encrypti on at rest, and onl y the owner of those records may see the values entered. Req uirement: T he LPR data serv ice will allow specificall y des ignated users to batch upl oad a max imum of 2,500 li cense plate records into the "Alert List". Th e batch upload will be in the fonn of a single comma separated variable (CSV) fi le with data fie lds to include, but not limited to th e fo llow ing: Plate number; State of Reg istration; Vehicl e Year, Make, Model & Color; reason code and an open text fi eld, of at least 255 characters, for a user note to ass ist in referencing the spec ifi c purpose/in vesti gati on/operation for whi ch the query was perfomled. Respon se: Included with access to the LEARN pl atform , Vigilant will all ow an alert li st of up to 50 million plates to be upl oaded in a CSV fonnat that can incl ude pl ate number, state of registration, year, make, model, color, and a reason code as a custom field and a comments secti on of up to 255 characters or less. Per ICE requirement, the mandatory fields for a sin gle query (i.e., plate number, state, reason code, and free-text field) also will be mandatory for the alert li st. The all owable number of alert list records per th e system signifi cantl y exceeds the requirements of DHS, but ICE may di ctate the max imum number of records all owabl e by their users. Req uirement: The Alert List function will incl ude an automated capability that fl ags li cense plates for deconfli cti on. Response: Incl uded with access to the LEARN platfo nn , Vigil ant will prov ide the ability to establi sh Alert List subm issions, perfonn searches, all conducted anonymously, to ensure other individuals or entiti es that use the LPR service (whether a law enforcement agency, commercial entity, or otherwise) are not able to identify that ICE is investigating a license plate. When a Hot-Plate is uploaded and it matches a record containing the same Li cense Pl ate Number, State lD , Alert T ype, Hot-Li st So urce, and Agency Name, the user will be notifi ed via a pop-up noti ce to contact th e initi al user who entered the identi cal record . The user will have the opti on to override the record or to cancel the upl oad. If warded, Vigilant will add an opti on fo r other agencies to allow their uploaded hot-plates to be used for deconfliction purposes by ICE, based so lely on License Pl ate and State ID. Conversely, state and loca l LEAs will nOI know that ICE has a pl ate on an alert li st. Req uirement: Li cense pl ate pictures taken with the automated Optical Character Recogniti on (OCR) plate number translation shall be submitted 10 the LPR data serv ice system for matching with license plates on any current ICE Alert Li st. Any positi ve matches shall return to the iOS appli cation (identified below) alerting authori zed users of a positive match. These pictures wi ll be upl oaded into the data service query by an authori zed ICE user along w ith any mandatory information needed for a Thomson Reuters Respo nse to DHS ICE SOURCE SElECTION SENSITIVE Page 11 December 2017 nonnal query. The pictures will be retained in the vendor's system for audit purposes onl y and will not be otherwi se access ibl e or usable for search purposes. Response: incl uded with access on the LEARN pl atform, any LPR detecti on matching an ICE Alert Li st will return to the iOS appli cati on, alerting authori zed users of a positi ve match. All detections will be upl oaded into LEARN for future reference or in vesti gati on by ICE. Vigilant wi ll preserve commercial records indefi nitely. Note that commercial data does not include query audit infonnati on, which is propert y of the government. Requirement: Each license pl ate number on an Al ert Li st will be valid for one year unl ess the user removes it before ex piration. The system will prompt users two weeks prior to ex piration and require the lIser to affinn atively indi cate that there continues to be an operational requirement to keep the particul ar li cense plate entry on the Alert Li st acti ve, or be given the opti on to delete the li cense pl ate from the Al ert Li st. Prompts should continue peri odicall y until the expiration date is reached. The system will grant the user an additional week after expirati on to renew the entry in the Alert Li st. If the user does not renew, the system shall remove the license plate number from the Alert Li st. Response: Included with access to the LEARN pl atform , Vigi.lant will provide an ability to load an alert li st with a one ( I) year ex piration time frame. Vigi lant can implement an automatic one-year expiration for all alert records entered into the ICE account. Requirement: All Alert List activity shall be audited to capture user name, date and time, reason code, and use r note associated with the query, as well as license pl ate number entry, deletion, renewal , and ex piration from the alert li st. Response: Included with access to the LEARN pl atform , all alert list acti vity will be captured for auditing reports and will include user name, date, time, reason code, notes, li cense plate number entry, deletion, renewal, and expi ration from alert li st. Requirement: The vendor shall not retain any data entered onto an Al ert Li st except as pal1 of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert Li st, whichever happens first . Response: Included with access to the LEARN platform, Vi gil ant will not retain any alert list data except for audit reports. The alert li st will also be removed once it expires or a user manuall y removes it from the li st. Audit records are not altered when an alert pl ate ex pires. MOBILE DEVICE CAPABILITIES Requirement: The LPR data service shall feature an iOS-compatibl e mobil e application that all ows authorized IC E users to: • Query the LPR data service by entering the license pl ate number, state of registration , reason code, and the abilit y to add returned pos iti ve matches into the Al ert Li st. • Have quick access and recall of any queri es and Al ert Li sts associat ed with the user or des ignated user group. The vendor application will delete any saved data on the mobil e device after 60 days, ifnOl already deleted manuall y by the user. Thomson Reuters Response to DHS ICE SOURCE SElECTION SENSITIVE Page 12 December 2017 • Provide capabilities to share Alert Li st noti fic ations between ICE users invo lved in the in vesti gation . Response: Included with access to the LEA RN pl atfol111 , Vigilant Mobile Companion soft ware for iOS dev ices will allow a user to query the LPR database and return alerts for positi ve matches to a user-loaded alert li st. The appli cation will delete any saved data on the device after 60 days. Requirement: The mobil e appli cation will conform to all other performance, pri vacy, and functional requirements identified in the SOW. The vendor shall coordinate with ICE to make sure that the mobil e appli cation undergoes the required pri vacy assessment pri or to use. Response: Thomson Reuters will coordinate with Vigilant and ICE regarding compli ance of Vi gilant 's mobile application with any applicable pri vacy assessment pri or to use. AUDIT AND REPORTING CAPABILITIES Requirement: The vendor shall generate an immutabl e audit log in electronic form that chronicl es the foll owing data: • Identity of the user initiating the query or the person on whose behalf the query is initiated, if different ; • Exact query entered, to include li cense plate number, date limitations, geographi c limitations (if applicabl e), reason code, and any other data seiec L'ed or input by the user; • Date and time of query; and • Results of the query. Response: Avail able with access to the LEARN platform, any acti on on Vi gilant's LEARN web interface or mobil e appli cati on shall be full y auditable and shall not be di sabl ed by the user. Vi gilant maintain s a compl ete audit record of every transaction , including date, time, user, IP address, and query parameters sufficient to reproduce the ex act query. Audit records are property of ICE. The audit record contains information sufficient to reproduce the query. but the data returned by the query at a later time may produce different results due to LEA retention policies. LPR detection data belonging to Vigilant is held indefinitely and will always be returned by the query . Req uirement: All Alert List activity shall be audited to capture user name, date and time, reason code, and use r note assoc iated with the query, as well as li cense pl ate number entry, deleti on, renewal, and ex piration from the al ert li st. Response: Batch query for alel1 li sts requires the user to enter License Plate, Slate of Regi stration , Alert Type. and Upload Reason Code on Audit. ICE would have the ability to add requirements if they choose. Avail able with access to the LEARN pl atfo rm , all AJ ert Li st acti vity shall be audited to capture user name, date and time, reason code, and user notes associated with the query, as well as license plate number entry, deleti on, renewal , and ex piration from the alert li st. Requirement: The vendor shaU prov ide to ICE user audit reports on a quarterly basis and upon request. Audit reports shall contai n the audit log informati on of a given user(s) for the specifi ed period of time. The vendor shall prov ide the audit log in elec tronic form via sec ure transmi ss ion to ICE promptl y upon Thomson Reuters Response to DHS ICE SOURCE SElECTION SENSITIVE Pa ge 13 December 201 7 request. The fonnat of th e audit log shall allow for ICE to retrieve user activity by user name (or ID), query entered (e.g., particular license plate) and date/time. The exact techni cal requirements and format for the audit log will be negotiated after contract award. Response: Thom son Reuters will coordinate with Vi gilant to provide requested audit reports. All report s can be exported in PDF format. Exact technical requirements and fomlat for the audit report will be negotiated after contract award. Requirement: The vendor shall promptl y cooperate with an ICE request to retrieve and provide a copy of the actual records retrieved from the LPR data serv ice in respon se to a particular query, or any other data relevant to user activity on the vendor system, for purposes of the agency ' s internal in vesti gations and oversight. Response: Upon request, Vigilant shall retrieve and pro vide a copy of the actual records retrieved from the LPR data service in response to a parti cular query, or any other data relevant to a user acti vity on the system for internal in vestigations and oversight. Requirement: The vendor shall not use audit trail data for any purpose other than those spec ifi ed and authorized in thi s contract. Response: Neither Thomson Reuters nor Vigilant will use any audit trail data for any purpose other than those spec ifi ed and authorized in the contract. Requirement: The vendor is to provide quarterly, or upon request, statistics based on positive hit s against the number of requested searches and hit li st. Response: With access to the LEAR N pl atform, Vi gil ant can provide quarterl y, or upon request, stati stics based on positi ve hits against th e number ofrequested searches and hit li st. These reports can be run for any time fram e. Requirement: The audit logs specified in thi s statement of work are records under the Federal Records Act. The vendor shall maintain these records on behalf of ICE throughout the life of the contract, but for no more than seven (7) years. The vendor is not authorized to share these records , or the Alert Li st data, with any out side entities including other law enforcement agencies. At the end of the contract, the vendor shaH extract, transfer, and load these record s (including any still -active Alert List data, if requested by ICE) to another storage medium or location spec ified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After success ful transfer of these records, the vendor shall ensure all copies of the records (including any still -active Alert Li st dat a) are securely deleted from all networks and storage medi a under its control or under the control of any of it s agents or subcontractors. Response: With access to the LEARN platform, Vigilant will maintain audit logs for seven (7) years. Vi gilant con siders audit record s as the property of the applicable law enforcement agen cy, in thi s in stance, IC E. Vigil ant does not access th ese record s except under direction by th e customer for purposes of customer support and does not share audit logs with any outside entities including law enforcement. If the contract is terminated, Vigilant will export/transfer any alert li st data in machinereadabl e fonnat to any storage medium or location specified by ICE. Thi s transfer will occur within thirty (30) days of contract end. .' ".y: THOMSON REUTERS '~:'. ..' f, Thomson Reuters Respon5e to DHS ICE SOURCE SElECTION SENSITIVE Pa ge 14 Decembe r 2017 Response: Vigilant So lutions, Inc. has created a service that allows L1W Enforceme nt Agencies the ability to utili ze online Li cen se Plate Recognition (LPR) services and Data analyti cs for the purposes of researc h and in vestigations. Thi s service requires stri ct up-lime requirements, and this Quality Control Plan is intended to defin e how they w ill be calculated. Vigilant Soluti ons has a reliabl e track record of uptime; however, we cannot guarantee> 99 % uptime. With the exception of schedul ed outages , LEARN Hosted LPR Services wi ll be accessibl e 24/7/3 65. We agree lh at downtime shall not eclipse (4) hours in any given monlh, wit h the exception of major upgrades or system mi gration s. We agree that the mean time between failures (MTBF) will not exceed a mean o f 4 ,000 hours between failures . Vigil ant ' s average LPR Query Response Tim e for a S ingle exact Plate is reliabl y fa st; however, we cannot guarantee . Sens ith'l'Locations. IC E w ill acccss. collect. and lise LPR data and technology in accord ance w ith ICE I'o liey 10029.2 2 or any superseding po licy on e nforcemcn t uclions at sens iti ve loclltio ns. E, Special Protections. ICE w ill not add license plate numbers to hot li sts; o r access, co llect. or usc L1'R data and techno logy: I. based so lely o n race, cthnic ity , gend e r. national origin, re li gion. sexual orientation. or gc nde r identity, unless aUlhorizcd by law and po licy. ) 2. so le ly fo r the pu rpose o f mo nitoring activ ities protcctl!d by the U.S. Constitution, such as First Ame ndmen t-protected act ivity, unless a utho rized by Inw. F. Oaf:. Storage. Storage dev ices il ssoc ia tcd w ilh ICE-owned LPR cameras are to be standa lone and not ne two rked w ith any C(lllullcrciill databases or system s. LPR dala from ICEowned cameras rnay 'be tran smitted bac k o r upload ed to e xistin g ICE syste ms [c .g .. Video Ev idence Co llection and Distri bution Syste m (VECADS) o r Investigati ve Case Manageme nt ( leM)[ whe n it pertai ns to a target o r targeted enrorcement acti vity. After transmi ss ion o r uplo:ld. the raw data w ill be. de leled on' the slorage device assoc iated with the ICE-owned LPR cmlle ra. unless it must be prese rved on the dev ice as o rig ina l eviden ce und maintained by a n ICE Ev idence C ustodian . LPR data collected from cO lllmercial or othcr LEA LPR databases may be up loaded to ex isting IC E systcms (e.g .. le M) whe n it is round to be relevan t to the investigut ion as a res ull o f q ue ries o f"those LPR systems. C. Data Retention. ICE w ill not reta in LPR data thaI is 110 t related 10 the curre nt ICE law e nforceme nt investigation. Any clat" thaI is ["c levu nt to thi s investigation w ill he retai ned in See ICE Policy No. 10029.2, Enforcement ,\ clion UI or Focused on Sensitive Locations (Oct. 24. 20 II). Scc Deparlrncnt of Justice's Guidance ror Federal Law Enfo rcemcn\ Agencies Regarding the Use of Race. Elhnici ty, Gender. National Origin. Religion. Sexllal Oriental ion. or Gender Idcnl ilY (Dec. 20 14 ). 1 1 [ '.S. Ot p. rllntnl or lI omtbnd Stcurily 3 201S-ICU-Q0035 140 the case lil e (e.g. , ICM RO ls, Subject Records) to whic h the data pertai ns and not in un aggregated database. H. Training. Before accessing cOlll mcrcial o r other LEA LPR dmabases. IC E personnel wil l fi rst be trained on the requirements fo r usc to ensure complian ce with this guidance. IC E personnel will also complete mandatory annual privERO SAN FRAN FLO OFC FW: license Plate Reader Guidance lPR Guidance (signed 12 27 2017).pdf From: ERO Taskings Sent: Thursday, February 22,20182:18 PM Subject: license Plate Reader Guidance This message is sent on behalf of Corey A. Price, Assistanl Direclor for Enforcement, willi lire concurrence of Natllalie R. Asher, Acting Assistant Director for Field Opera/ions: To: Field Office Directors, Deputy Field Office Directors, and Assistant Field Office Directors Subjcct: License Plate Reader Guidance Recenlly, Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) added License Plate Reader (LPR) database access to the Thomson Reuters Consolidated Lead Evaluation and Reporting (CLEAR) system. The ICE Office of Infonnation Governance and Privacy (IGP) has issued the attached Privacy Guidance on Agency Access to and Use of LPR Data and Technology (aIkIa, LPR guidance). The purpose of this LPR guidance is to codify rules of behavior around previously·contemplated ICE uses of LPR data and technology. This guidance will serve on an interim basis until the publication ofan ICE directive. The LPR guidance is also available on the IGP Intranet site at NOTICE : "l'llis oornmunica.lion m.1Y contai n privikg\.'d ..,.. mherwise conlilknliul information. If you a r~' nUl an inlo!f)(kd rcd pk·1I1 or bc!kvc yOU have this communication in crror, plo:asc do nOI prinl, L'Opy. rclcllnsmit, dim miMt.... or othctwisc usc Ihb inlom ~t ion. Plea:;.: infunn the SI.'nd ..., th31 you received !.his message in error amI de lete the: mess.1glOP on" had p8 ..CngCf ",,/ ·creJ.. 1m . bul~. r"",. rd. "" ngM ~ ro", . ro. '" rhc Uj)pCT UlIvn,' lour /0 "" IO,he. bo/OIO .. n,,,, Ih' h,,,,, ,. 'ell Th, obJoct . ppcilFCd /n h. r, IfIch . Ih,eI . •h-e n h~ " ~"M n>o"* r"""" Tumor g'JMfour· Defendant le, oro ov", In" ... hi.perod on/o /h. offie, ', . , r ", pI"" •. ""' gun" "e'end.nf. conr.n~on offie", '''led to . Ohere !o !~O ""'.·!lOP protocol >e! forth." Ihe HYPD gu,OOIme. ", ..j;d~ !ed !~e >lOP This is the first major case where an LPR detection was admitted as evidence in a murder case. The LPR photograph was found to contain specific identifiable characteristics of the suspect's vehicle in the area where the crime occurred. This is another case not directly involving LPR, but involves the right to conduct random checks of license plates in public view. A records check of the defendant's plate showed the owner's license was suspended. The vehicle was stopped where the driver was arrested and the vehicle was in the process of being released to the passenger. A check of the passenger showed him to have an active ICE detainer and he was arrested. The defendant argued the check of the plate was unconstitutional. March 2015 Version 1 2018-ICLI-00035 178 Page 21 Training Support Package Participant Guide u.s. v. Knotts explains that a scientific enhancement of a standard practice raises no constitutional issues with the court. A radio beeper was placed in a chemical shipment where authorities believed the chemicals were being used to manufacture drugs. A physical surveillance team had lost the suspect several times during surveillances. The team placed a radio beeper in the chemicals to aid them in reacquiring the suspect if they lost sight of him. They followed him to a cabin with the help of the beeper where a drug lab was found .. This a court case in the state of Georgia which serves more of an example than anything else. LPR is widely used in Georgia and there are numerous state cases directly relating to LPR. Officers receive an LPR alert on a warrant for a male where the vehicle is occupied by two females. The officer stops the car where the driver consents to a search. During the search , marijuana is found and the driver is arrested for possession of marijuana for sale. The defense argued the officer illegally gained consent to search the vehicle. The court did not side with the defense based on the illegal search, but they did volunteer an opinion. The court stated if the defense had argued the stop itself was illegal since the occupants were both female and the LPR alert was for a male, the case would have been dismissed. March 2015 Version 1 2018-ICLI-00035 179 Un ited States v. Knotts 460 U. S. 276 (1983) : of this sort ra ises which visua l su rveillance would not raise," " A person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another. " ROOrigUel v. Srar~, S.E.2d 2013 WL 1767660 (Ga . CI App 20131 n drive. wn s issued lraff,( citations and failed to appear in courl te an!wer them. so an anest .. afTant wn issued for tho drive r; latar, a Crlllser·mounlenr...,..if_ ...... IMIo ... .....",,_.. ~.frlat!, "", ..." 1t'I\idI_ bod tJ/fi«n......w ltd"" '-n pdUcIr,' March 2015 Version 1 2018-ICLI-00035 180 Page 23 Training Support Package Participant Guide u.s. v. Wilcox is an LPR case where the system alerted officers to a vehicle with expired registration. During the traffic stop a gun was found to be in the possession of a felon. Wilcox argued unconstitutional surveillance violating his reasonable expectation of privacy. The case affirmed that you have no right to privacy while in a public. See United States v. Wilcox , 2011 Wl679416 (11th Cir. Feb. 28, 2011) (unpublished) (defendant argued that "the use of the that violated his reasonable expectation of privacy," bul the court disagreed, finding in the defendant's license plate as it was plainly visible on the public roads). Another non LPR case showing you have no right to privacy while in public. October 2007 Raleigh PO NC Officer ran plate on Pontiac thai returned to a Chrysler Officer stopped Chambers and saw a marijuana "butt" in plain view Officer found Marijuana for sales Argued lack of reasonable suspicion/PC This is not an LPR case, but it demonstrates manually how an LPR system works in regards to generating an alert. The officer in this case conducted a records check on a license plate which showed the registered owner had a felony warrant. The van was stopped and the passenger who was the registered owner was arrested. This is the exact process an LPR system follows, except in reverse order. The records check is completed prior to locating the vehicle and the alert record is generated and saved in the system. Once the plate is scanned, the alert is triggered and the officer is notified. March 2015 Version 1 2018-ICLI-00035 181 Page 24 Training Support Package Participant Guide While this slide has no instructional value, it demonstrates that even defense attorneys know the level or proficiency of LPR systems. All suggestions in this slide really have nothing to do with LPR ; the slide simply pOints out the fact that if you do not stay in line with the law and an LPR car scans your, plate you may go to jail. The federal Drivers Privacy Protection Act (DPPA) is the federal law governing the potential abuse of LPR systems. While LPR data is not PII , the personal information can easily be located by conducting a records check on the license plate. The DPPA states anyone who accesses it without the need to know can be prosecuted under federal law. This act was enacted in 1994 affer a suspect located his victim by accessing DMV data. Written departmental general/operational orders are a must for agencies that deploy LPR equipment. Topics covered in this slide are suggestions of what to minimally include in the orders. Agencies should not rush to have orders written completely prior to the deployment of the equipment as the orders will evolve to each department's mission. An evaluation deployment period should be used to identify other topics that need to be covered in the orders which will be unique to the individual department. March 2015 Version 1 2018-ICLI-00035 182 Page 25 Training Support Package Participant Guide Vehicle Code section 2413 (c) is the only law that covers LPR systems in the state of California. This section only applies to the California Highway Patrol (CHP), placing a retention period of 60 days on LPR detections. The CHP may not share detections with other agencies unless the requested information is related to an investigation. Multiple Senate Bills (SB) have been brought forward to place the same restrictions this Vehicle Code places on all agencies. These SBs attempt to place the same restrictions on law enforcement LPR systems as well as on privately collected LPR data. These examples show how still LPR photographs captured by the cameras can tell a story. Officers need to be aware that when in the vicinity of an LPR car they are more than likely being photographed. Officers are traditionally aware of forward-facing in-car cameras systems. LPR cameras angled away from the car, coupled with the officers' belief the cameras only take photos of license plates, can give officers a false sense they are not being photographed. Two Los Angeles Sheriff's Department (LASD) deputies were exonerated for any wrongdoing after reviewing LPR still photos. A female motorist who was stopped claimed the two deputies made her take her blouse off during the traffic stop. While the officers spoke with her outside of her vehicle the view of the plate was interrupted, triggering numerous detections of the plate. These photos showed no nefarious actions occurred during the stop. March 2015 Version 1 2018-ICLI-00035 183 Page 26 Training Support Package Participant Guide Reporting the use of LPR rests with each agency that utilizes the technology. While we never try to hide anything from the court, law enforcement is allowed to keep processes out of a report if reporting them wi ll teach offenders how to defeat future investigations. If the use of the LPR equipment can be left out of the report, that is what is recommended , but always inform the prosecuting attorney of this. March 2015 Version 1 2018-ICLI-00035 184 Page 27 Training Support Package Participant Guide Module III: Hotlist Deployment Duration 1.5 Hours Scope Statement This module covers LPR hotlists and how they are created, deployed, and shared with other agencies through written MOUs with an emphasis on active hit protocol. Terminal learning Objectives (TlO) Upon the successful completion of this module, students will be able to identify the diverse deployments of LPR hollists. Enabling learning Objectives (ElO) At the conclusion of this module, students will be able to : 1. Describe what a LPR hollist is 2. Describe proper Active Hit Protocol 3. Describe TSC handling codes and which ones give detention authority lesson Topics This module includes the following topics: • What a hotiist is • Who can receive LPR hits how are they sent • Active Hit Protocol • Sharing hotlists • Available hollists • Hotlist sources • Terrorist Screen Center Alerts Resources Classroom facility suitable for 40 students Instructor Guide Participant Guide PowerPoint presentation Computer for Power Point presentation Projector Projection Screen March 2015 Version 1 2018-ICLI-00035 185 Page 28 Training Support Package Participant Guide Thumb drive handout Terrorist Screening Center (TSC) Handling Codes Reference Card handout Instructor-to-Participant Ratio 1 :40 Maximum Reference List See Appendix A Practical Exercise Statement None Assessment Strategy Instructor will observe participant contributions in classroom discussion. In the final module of this course , students will participate in a group scenario-based assessment and take a 20 question written exam where a 70% passing score is required . Participant's Note: Instructor notes (in red) are contained throughout the lesson plan as appropriate. Many slides contain several elements that are displayed automatically or upon mouse clicks. March 2015 Version 1 2018-ICLI-00035 186 Page 29 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 187 Page 30 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 188 Page 31 Training Support Package Participant Guide j(b)(7XEj March 2015 Version 1 2018-ICLI-00035 189 Page 32 Training Support Package Participant Guide j(b)(7XE) March 2015 Version 1 2018-ICLI-00035 190 Page 33 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 191 Page 34 Training Support Package Participant Guide ~)(7XE) March 2015 Version 1 2018-ICLI-00035 192 Page 35 Training Support Package Participant Guide Module IV: LPR Databases and User Instruction Duration 1 Hour Scope Statement This module displays the different LPR databases that are available with a brief explanation of how to navigate them , highlighting private LP R information and how it is incorporated into certai n databases. Terminal learning Objectives (TlO) Upon the successful completion of this module, students will be able to identify available LPR databases and how to use them. Enabling learning Objectives (ElO) At the conclusion of this module, students will be able to : 1. Describe how private LPR data is generated 2. List the pros and cons between private and law enforcement LPR data 3. Demonstrate a basic knowledge of using NCRIC LPRWeb, EPIC DICE and Vigilant Solutions LEARN databases lesson Topics This module includes the following topics: • Private LPR data • LEARN database • LPR scenarios of prior use • Data available by geographical location • Private LPR data versus law enforcement LPR data • • NCRIC LPRW eb database EPIC DICE database Resources Classroom facility suitable for 40 students Instructor Guide Participant Guide PowerPoint presentation Computer March 2015 Version 1 2018-ICU-00035 193 Page 36 Training Support Package Participant Guide Projector Projection Screen Instructor-to-Participant Ratio 1 :40 Maximum Reference List See Appendix A Practical Exercise Statement None Assessment Strategy Instructor will observe participant contributions in classroom discussion. In the final module of this course , students will participate in a group scenario-based assessment and take a 20 question written exam where a 70% passing score is required . Participant's Note: Instructor notes (in red) are contained throughout the lesson plan as appropriate. Many slides contain several elements that are displayed automatically or upon mouse clicks. March 2015 Version 1 2018-ICLI-00035 194 Page 37 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 195 Page 38 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 196 Page 39 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 197 Page 40 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 198 Page 41 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 199 Page 42 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 200 Page 43 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 201 Page 44 License Plate Reader Training Support Package Participant Guide March 2015 Version 1 Page 45 201 B-ICLI-UOUSB 202 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 203 Page 46 Training Support Package Participant Guide j(b)(7XE) March 2015 Version 1 2018-ICLI-00035 204 Page 47 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 205 Page 48 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 206 Page 49 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 207 Page 50 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 208 Page 51 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 209 Page 52 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 210 Page 53 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 211 Page 54 Training Support Package Participant Guide Module V: Investigative Uses of LPR Duration 1 Hour Scope Statement This module will cover the diverse uses of LPR data, highlighting cases in which it has been successfully used in the past. Terminal learning Objectives (TlO) Upon the successful completion of this module, students will be able to identify investigations where LPR could playa key role. Enabling learning Objectives (ElO) At the conclusion of this module, students will be able to : 1. Describe the versatility of LPR during investigations 2. list ways LPR could be incorporated into investigations lesson Topics This module includes the following topics: • Historical uses as it relates to both suspect and victims • Crime series • • BOLO's Confirm or disprove statements • Suspect identification • Vehicle identification • Geographical evidence Resources Classroom facility suitable for 40 students Instructor Guide Participant Guide PowerPoint presentation Computer Projector Projection Screen March 2015 Version 1 2018-ICLI-00035 212 Page 55 Training Support Package Participant Guide Instructor-to-Participant Ratio 1 :40 Maximum Reference List See Appendix A Practical Exercise Statement None Assessment Strategy Instructor will observe participant contributions in classroom discussion. In the final module of this course , students will participate in a group scenario-based assessment and take a 20 question written exam where a 70% passing score is required . Participant's Note: Instructor notes (in red) are contained throughout the lesson plan as appropriate. Many slides contain several elements that are displayed automatically or upon mouse clicks. March 2015 Version 1 2018-ICLI-00035 213 Page 56 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 214 Page 57 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 215 Page 58 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 216 Page 59 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 217 Page 60 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 218 Page 61 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 219 Page 62 Training Support Package Participant Guide Module VI: Hands-On Scenarios / Written Exam Duration 2 Hours Scope Statement T his module is the hands-on portion of the class demonstrating the diverse uses of the LEARN database while working through real-world scenarios that have previously been solved utilizing LPR technology. Terminal learning Objectives (TlO) Upon the successful completion of this module, students will be confident in the basic functions of the LEARN database. Enabling learning Objectives (ElO) At the conclusion of this module, students will be able to : 1. Describe LEARN use 2. Successfully navigate investigative scenarios utilizing the LEARN database 3. Enter a hot plate into the LEARN system lesson Topics This module includes the following topics: • Hands-on use of the LEARN database • Clean up user profile • Required audit • Run plates related to investigations • Utilize Stakeout • Utilize Locate Analysis Resources Classroom facility suitable for 40 students Instructor Guide Participant Guide PowerPoint presentation Computer Projector Projection Screen March 2015 Version 1 2018-ICU-00035 220 Page 63 Training Support Package Participant Guide Computer with LEARN Program (1 computer per student is preferred; however, students can share computers if necessary) Handout: Cell Phone SMSfTXT reference sheet Instructor-to-Participant Ratio 1 :40 Maximum Reference Li st See Appendix A Practical Exercise Statement Participants will work on their own or in a group setting, depending upon the setup of the training room. A series of scenarios based on either real scenarios or hypothetical situations will mimic daily queries of the LPR database. Participants will utilize various functions of the LEARN system within each scenario to allow the participants to become familiar with the diverse functions of the LPR database. Assessment Strategy Instructor will observe participant contributions in classroom discussion. In this final module of the course , students will participate in a group scenario-based assessment and take a 20 question written exam where a 70% passing score is required . Participant's Note: Instructor notes (in red) are contained throughout the lesson plan as appropriate. Many slides contain several elements that are displayed automatically or upon mouse clicks. March 2015 Version 1 2018-ICLl-00035 221 Page 64 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 222 Page 65 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 223 Page 66 Training Support Package Participant Guide j(b)(7XE) March 2015 Version 1 2018-ICLI-00035 224 Page 67 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 225 Page 68 Training Support Package Participant Guide b}(7)(E) March 2015 Version 1 2018-ICLI -00035 226 Page 69 Trai ning Support Package Participant Guide APPENDIX A Reference List • • • • • Algorithm for License Plate Recognition. VISL, Technion. 2002. ACLU raises privacy concerns about police technology tracking drivers · CNN .com. CNN. 18 July 2013. Automated License Plate Recognition Systems: Policy and Operational Guidance for Law Enforcement. U.S. Department of Justice, National Institute of Justice. 2012. International Association of Chiefs of Police LPR Privacy Impact Assessment (2009) International Association of Chiefs of Police LPR System Policy and Operational Guidance (2012) • • RAND License Plate Readers for Law Enforcement Study (20 14) American Civil Liberties Union ~ You Are Being Tracked" (2013) • United States v. Antoine Jones, 132 S. Ct. 945 (2012) • • California Government Code 34090.6 Criminal lnteiligence Systems Operating Policies (28 CFR Part 23) • • United States Code 2725 California Government Code Sections 6250-6270 • People v. Davila, 27 Misc. 3" 921, 901 N.Y.S 2d 787(2010) • People v. Mark Serrano • United States v. Diaz·Castenada, 494, F.3d 1146, 1152 (9- Cir. 2007) • United States • Rodriguez V. State, S.E.2d, 2013 WL 1767660 (Ga. Ct. App. 20 13) • Hernandez·Lopez • Gree n V. San Francisco, 2011 4434801 (N.D. Cal. Sept. 23, 2011 ) (Unpubtished) • United States V. Wilcox, 2011 WL 679416 (11 'h Cir. Feb. 28, 2011 ) • State • • United States v. Ellison, Federal Drivers Privacy Protection Act (1994) • • • Vigilant Solutions User Manual California Vehicle Code Section 2413 (c) Northern California Region Information Center LPRWeb user manual • • EI Paso Information Center DICE manual Guide to Critical Infrastructure and 1146 March 2015 V. V. Knotts , 460 U.S. 276 (1983) V. State, 319 Ga. App. 254 (Ga. Ct. App. 2013) Chambers, 2010 W L 1287068 (N.C Ct. App . April 6, 2010) (Unpubli shed) Version 1 2018-ICLI·00035 227 Page 70 ~b)(6); (b}(7)(C) Ion behalf of Los Angeles Statistics and Taskings Unit 30 Jan 2018 12:11:03 -0500 From: Sent: b)(6);(b)(7}(C) Subject : License Plate Reader Database access available through the CLEAR dat abase on January 30, 2018 To: AFODsI(a)AFODs Subject: 20 18 License Plate Reader Database access available through the CLEAR database on January 30, Enforcement and Removal Operations (ERO) has added License Plate Reader database access to the Thomson Reuters Consolidated Lead Evaluation and Reporting (CLEAR) system. All authorized ERO users who utilize the CLEAR system now have access 10 Vigi lant Solutions commercial License Plate Reader data, housed in their Law Enforcement Archival & Reporting Network (LEARN). The Vigilant Solutions License Plate Reader database stores vehicle license plate numbers that are recorded from cameras equipped with License Plate Reader technology from a variety of governmental and private sources. ICE does not contribute data to the commercial License Plate Reader database. All ICE queries of this database service will be based on known license plate numbers. ICE users will not take any enforcemen t action against an individual based solely on the resu lts of the query. Rather, ICE users will corroborate this information by querying other government systems to ensure that they have the most complete, accurate, and up-to-date information to generate leads. It is anticipated that ICE users will be able to access LEARN via a link in the CLEAR system on Tuesday, January 30, 201 8. Thomson Reuters Special Services (TRSS)Nigilant will send emails to current users with their credentials along with user guides. An iPhone mobile application is forthcoming. Prior to logging into the system, the user must concur with the agency'!s permissible uses of the system and affirmatively consent to these rules before proceeding further. Potential Questions: Q: What is LEARN License Plate Recognition? A: Access to LEARN via CLEAR wi ll provide users with the information on individual license 2018-ICLI-00035 228 plates/vehicles to assist in investigations. Users will be able to see where a license plate has been within a specified timeframe. Q: What?s my user id and password? A: Users wi ll have a user name and password that is separate and distinct from his/her CLEAR password. Each user will receive an emai l from TRSSNigiiant with credentials. Each user~erally the emai l helshe used to register with CLEAR. The temporary password will be _ _ Users MUST change this password upon first login. (Ex: usemame: Fb)(6);(b}(7)(C) password: I Q: Where are my credentials? My colleague received hers already. Where are mine? A: All credent ials wi ll be provided as soon as they are avai lable and likely by the end of the week of January 29th. If credentials are not received by Monday, February 12th, please email kb)(6);(b}(7)(C) t to troubleshoot. Q:How do I login? A: Users must log into LEARN via CLEAR www.clear.thomsonreuters.com. Q: How do I use the platfomt? A: A user gu ide will be provided as soon as possible, but in the meantime, please attend a WebEx session. A list of available sessions wi ll be sent with user credentials. Please register for a session. In addition, inperson sessions wi ll be scheduled at the field offices throughout 2018. For those that need access to CL EAR and LEARN, please request access from your local CLEAR administrator. Thank you, ~b)(6); (b}(7)(C) Deportation Officer U.S. Department of Homeland Security Immigration and Customs Enforcement 2018-ICLI -00035 229 Los Angeles Statistics and Taskings Unit 606 S. Olive Slreet¥b)(6);(b}(7)(C) I Los Angeles, CA 90014 Office: 213-633-lTb~~1 Cell : 213-200.j{b)(6) 1 2018-ICLI -00035 230 Kb)(6);(b}(7)(C) Ion behalf of l os Angeles Statistics and Task ings Unit 22 Feb 2018 19:48:29 -0500 From : Sent: b)(6);(b)(7}(C) Subject: Attachments: license Plate Reader GUidance lP R Gu idan ce (signed 1227 2017).pdf, imageOOl.jpg To: AFODs Subject: License Plate Reader Guidance Recently, Enforcement and Removal Operations (ERO) and Home land Security Investigations (HSI) added License Plate Reader (LPR) database access to the Thomson Reuters Consol idated Lead Evaluation and Reporting (CLEA R) system. The ICE Office of Information Governance and Privacy (lGP) has issued the attached Pri vacy Guidance on Agency Access to and Usc of LPR Data and Technology (alk/a, LPR guidance). The purpose of this LPR guidance is to codify rules of behavior around previously-contemplated ICE uses of LPR data and technology. This guidance will serve on an interim basis unti l the publication of an ICE directive. The LPR uidance is also available on the IGP Intranet site at b)(7}(E) Thank you, Kb)(6);(b)(7}(C) I Deportation Officer Department of Homeland Security/lCElERO Los Angeles Statistics & Tasking Unit 606 S. Olive SI. i h)(flHh)(7) , Los Angeles, CA 90014 2018-ICLI -00035 231 Of?ce: (213) 633 Fax: (213) 633-4460 232 tb)(6);(b}(7)(C) From: Sent: b)(6);(b}(7)(C) I on behalf of Los Angeles Statistics and Taskings Unit 23 Feb 2018 13:06:42 -0500 Subject : Attachments: License Plate Reader GUidance imageOO1.jpg, LPR Guidance (signed 12 27 2017).pdf To: AFODs /(a)AFODs Subjcct: Liccnsc Plate Rcadcr Guidancc Please ensure that all officers receive this guidance and abide by all the rules of behavior. Thank you, ~b)(6); (b)(7}(C) Deportation Officer U.S. Department of Homeland Security Immigration and Customs Enforcement Los Angeles Statistics and Taskings Unit 606 S. Olive S trcct, ~!(6); (b}(7)( I Los Angelcs, CA 90014 Officc: 213-633Kb)(6)P Cell : 2l3-200J(b)(6):( I From: ~b)(6); (b)(7}(C) IOn Behalf Of Los Angeles Statistics and Taskings Unit Sent: Thursday, February 22, 20) 84:48 PM [ b)(6)'(b X7)(c) , Subject: License Plate Reader Guidance 2018-ICLI -00035 234 To: AFODs Subjcct: Liccnsc Plate Rcadcr Guidancc Rcccntly, Enforccment and Rcmova l Opcrations (ERO) and Homcland Sccurity Invcstigations (I·ISI) addcd License Plate Reader (LPR) database access to the Thomson Reuters Consolidated Lead Evaluation and Reporting (CLEAR) system. The ICE Office of Infomlation Govemance and Pri vacy (IGP) has issued the attached Privacy Guidance on Agency Access to and Use ofL PR Data and Technol ogy (a/k/a, LPR guidance). The purpose of this LPR guidance is to codify rules of behavior around previously-contemplated ICE uses of LPR data and technology. This guidance will serve on an interim basis unti l the publication of an ICE directive. The LPR guidance is also available on the IGP Intranet site al kb)(7)(E) Thank you, Kb)(6);(b}(7)(C) Deportation Officer Department of Homeland Security/IC E/ERO Los Angeles Statistics & Tasking Unit 606 S. Olive SI. Sui te 1900 Los Angeles, CA 90014 Office: (213) 633-~ Fax: (213) 633-1£ii:lliili] 2018-ICLI -00035 235 2018-ICLI-00035 236 kb)(6);(b)(7}(C) From : Thu,8 Feb 2018 14:32:02 +0000 Sent: Anthony (Tony) Moraz;Mark.O.Ogletree@ice.dhs.gov;KIRK, Charles M To : LP R access via CLEAR - it's a go! Subject: Attachments: QUICK REFERENCE CARD LEARN PASSWORD ADMIN ISTRATlON.pdf, LEARN access Training Resources - Make Vital Vehicle Connections To Accelerate Your Investigations .oft, smime.p7s Dear CLEAR/LEARN administratorsWe have received permission to begin emailing credential s and will likely do so later today and throughout the day tomorrow. All users who have used ClEAR in the past 6 months will automatically receive credentials from me. Our goal is to deliver all credentials by Friday, February 9th • If you are asked to create credentials for users, please follow the attached gu ide. Please note users must have approval to access CLEAR in order to access LEARN. Please join me at a session for administrators at 4pm today (Click here to register https :lIth 0 mso n reuters.we bex.co m!th 0 mso n reuters!k2!i .ph p ? MTI D- te6gea a6c 7 a39 783146 7d cOS 18c7 fSa8d ) This will be substantively the same as Tuesday's session, so there is no need to register for both unless you'd like to attend both. Th is wi ll focus primarily on password generation, not the LEARN platform. The LEARN password creation process will mirror the CLEAR password creation process in that if a user contacts Thomson Reuters directly, he wi ll be directed to the SAC/AOR password administrator. No credentials wi ll be generated without DHS approval. Text to send to new users created by you - after initial password creation (also included in attached OFn Welcome to the newest addition to ClEAR - license Plate Recognition via LEARN You NOW have access to license plate recognition capabilities within CLEAR for use as part of an investigation or evaluation. To log in, follow the steps below: 1) Log into CLEAR at www.clear.thomsonreuters.com . 2) Under the VEHICLE search tab, click "Click Here for Vigilant Solutions LEARN" 3) Enter the LEARN credentials listed below ClEAR credentia ls) a. Use rna me: b. Temporary pas:sWed LEARN OYlal/O - June 2' S"uurda~, June 23. 2018 8:3.2:26 AM Is lhis email nOI displaying oorreclly? View it in your bmw~er SPECIAL NOTIFICATION Dear Cuslomcr. Vigilanl Solulions will expericnce a planned LEARN oUiage relaled to a dala cemcr migralion into a ncw slale-of-lhe-arl facility, This migralion is requircd for us to continue 10 deliver the greal services thai you dcpend on. We wamed 10 prcpare you for lhis outage. as LEARN scrver access will be limited during the dural ion of the move. We will coordinate lhis migralion 10 occur during lhc Ieasl aClive period 10 minimize inlerruplions to services. Here are some answers to queslions lhal you may have. Maintenance Window *0612412018 12:00 AM PDT lhrough 06a512018 12:00 AM PDT Impaclcd URLs: *Iearn-nvls,com *dientponal .vigilamsolulions.com *imemalional. vigilamsolutions.com *dcmo.vigilantsolulions,com ImpaC1Cd Products: *CarDetector Mobile ~ (CDM ) *CarDetector Fixed ~ (C DI') *Mobile Companion *Targct Alen Scrvicc '" (TAS) *Email Nuli{:cs *FaceScarch ~ *BallisticScareh '" *PlalcSearch '" *Standalone Cameras *Imegralion Services AOlicipaled impact *Limilcd or no access during the mainlcnance window to Vigilant ProdUCIS that require cloud hOSlcd services *CarDeleclor Mobile ~ and CarDeteclor Fixed ~ diems will cominue 10 generate hilS from previously downloaded hOI-lisls *Standalone Fixed cameras will nOl upload deleclions for alening umil services resume *Alen nolices will be delayed umil cloud hOSlcd services resume Should you have any queslinns, plcase cnnlOCI our suppun lcam al suppon@vigilanlsolulions .CtJrn :mbjcc l- ! E ARN%200lltaec%'OJ Il!Jc%2024> Sincerely. Vigilant Solutions 2018-ICLI-00035 249 Aboul Solutions ContaCI Vigilant Solutions Acquisition Announcemenl Dear kb)(6);(b)(7 1 We are very excited to announce today that Vigilanl Solutions has acquired the assets of ShotCallcr Global Inc. . developer of GunOps ~ and DNAOps " investigative solutions for law enforcement. This acquisition enables us 10 provide the law enforcemem community with firearm forensic mapping and DNA crime mapping technology that complemem our existing suite of aUtomated license plate reader (ALPR) data. facial recognition technology and ballistics analysis solutions_ GunOps and DNAOps are web-based inlemctive invesligalioo IDOls. GunOps allows law enforcement investigalors and analySIS 10 enter. visualize and access infonnalion about fireann-related crimes, forensic lesl results and aml~'<.I criminals. DNAOps allows law enforcement 10 enICr, visuali2e and access information about crimes where DNA has been recovered from crime scenes. using web-based mapping applications. So. what does this mean for you> our customers? It means Vigilant Solutions is now well -positioned 10 help you and your jurisdiction to comb-ltthe growing epidemic of gun crime, Specifically. our enhanced suite of offerings enables us to provide you the ability to help idemify the G. E.T. geography. evenl and time - of gun crime _ Anyone who work> wilh or for Vigilant Solutions knows Ihal we are passionate aboutlhe faC1lhal our solulions help 10 keep communities and law enforcement safe. This acquisilion is exciting because it nOI only allows uS 10 continue 10 achieve Ihat goal. but also enables uS 10 expand Our capabilitics and hclp you to eradicate violent gun crime in your communities, If you are interested in learning more about GunOps. please reach out to your Account Manager or contact us at Sales@VigilantSolutions.com Be Safe, Be Sman. Be Vigilant. i h)(flHhV7)( I Founder and Preside11l jlantsolUl joos comlel41 ! 42120 J8_0b_ J1{6x42qh064851528> 2018-ICLI -00035 251 Be Safe , Be Smart. Be Vigilant. VigilamSol utioos.com • 925-398-2079 < btlP' lIwww2 vig jlamspl!Ujoos com!e14 3 I 42/Yjgjli!otsplutjpos _glo bgl_16 X42qw064-85 ~ ~28> < bll p'l/www2 vjgjlamsolytjons comlcl41 I 42kom panv-yj g jlam _solU!jons_!6d2qy064853528> < btlP' l/ww w2 yjgilamsplutjoos com/cl41 I 42Njg jiamSo!l6x42r l 0648~ 1~28 > Vigilant Solutions , 1152 Stealth 925-398-2079 Str~' < hup'ilww w" y jg jbmsQ hnjQQs mQJIr141 J4' lla 648~15"8IQpeDI1 > 2018-ICLI -00035 252 f b)(6);(b}(7)(C) From: Sent: 5 Jul 2018 18:13:49 +0000 I To: kb)(6);(b}(7)(C) Cc: Subject: Attachments: Tasking, SBD Vigilant Solutions Support kb}(6);(b}(7)(C imageOOl.jpg I Please sec below for the helpdeskfpassword support. If you have LEARN platfonn password questions/issues, please eOnlaet support@vigi lanlsolutions.eom or 925-398-2079 for assistance. Relying on CLEAR's collection of public and proprietary records on people, assets, businesses, affiliations and other critical information, in combination wi th Vigi lant's commercial LPR database of more than 6 billion vehicle detections, DHS wi ll now have a potent new soluti on in CLEAR LPR to augment investigations. License Plate Recognition offers a live gateway of Vigilant commercial license plate data to determine vehicle locations from within the LEARN platform. In addition, the search offers an individual vehicle search by License Plate so you can search for more information. TRAINING RESOURCES? WEB EX TRAINING AVA ILAB LE Additional fUiUTe training? There wi ll be Web Ex's avai lable throughout the following months, al www.clear.webex.com. There wi ll also be in person sessions at locations across the country throughout the year. User Guide: A user guide will be avai lable by the end of February. lfnot received by that time, please emai l LEA RNSupport@trssllc.com for the latest user guide. 2018-ICLI-00035 253 If you have any add itional questions, please do not hesi tate to contact us at LEARNSupport@ trssllc.com. Thank you, Fb)(6);(b}(7)(C) Supervisory Detention and Deportation Officer I U.S. Department of Homeland Security Immigration and Customs Enforcement I Enforcement and Removal Operations'! Fugit ive Operations Team'! San Bernardino 655 w. Rialto Ave,kb)(6):(b}(7)ti San Bernardino, California 924101'!: (909) 386¥b)(6) 1Office l: (2 13) 21 6/lb"')1~ 6)~ ; I' bX~7~)I~ e' ) -----' Phone : 202-732- 1iliRID]2] Email : kb)(6);(b)(7)(C) Governmen t POC : ~b)(6); (b)(7)(C) Phone : 202 - 732 - ¥h\(R\1 Email : kb)(6);(b)(7)(C) Contracting Of fic er : kb)(6);(b)(7)(C) Phone : 202-732 -kb)(6): d Continued ... Except as pro'o'ided herein all terms and oond itions of the document referenced in hem 9 Aor l OA as heretofore char.ged rema ins unchanged and in lui force and effect 15A NAM E AND TITLE OF SIGN ER (Type or pr1nt) 16A. NAME AND T ITLE OF CONTRACT ING OFFICER (Type orpnnt) b)(6);(b)(7)(C) 158. CONTRACTOR/OFFEROR r- I OC. DATE SIGNED (Signo'ur. 01 (#Wi! ""~ '" sigfl) NSN 7540-01·152-8070 STANDARD FORM 30 (REV 1(}'83) Previous ed ition unusable Prescribed by GSA FAR (48 CFR) 53.243 2018-ICLI -00035 287 REFERENCE NO, Of DOCUMENT BEING CONTINUED CONTINUATION SHEET 70COCR18P000000 1 7/P00002 3 NAME OF OfFEROR OR CONTRACTOR WEST PUBLISHING CORPORATION ITEM NO. SUPPLIES/SERVICES (A) (B) Email : Kb)(6);(b)(7)(C) QUANTITY juNIT (C) (0) UNIT PRICE AMOUNT (E) (F) I There is a requisition associated with t his modification ; 1921 18FLMMURQ0023 The pu r pose of t his modifica t ion P00002 is t o add additional funding to CLIN 0002 in the amount of b)(4) As a result , the total a mount o f 70CDCR18P00000017 remains uncha nged a t : Eb))4) I No twithstanding the period of performa nce indicated above , t he funding provided in this modif icati o n is the amount present l y ava il able for payme n t and al l otted to this tas k order . The service provider agrees to perform to the point that does not exceed the total amount currently al l otted to the items currently funded u nder this task order . The service provider is not authorized to continue to work on those i tem(s) beyond t h at poi n t . The Gover nme n t wil l not be ob l igated to reimburse t he service provider in excess of t he amount allotted to t hose item(s) for performa n ce beyond t he funding al l otted . Exempt Actio n : Y Sensitive Award : PII Disco un t Terms : Net 30 FOB : Destination Period of Performance : 1 2/22/2017 to 09/21/2020 Change Ite m 0002 to read as follows(amount shown is the obligated amount) : 0002 Opt ion Period 1 - 02/01/2018 - 01/31/2019 ACCESS TO LICENSE PLATE SYSTEM (All ICE Users) This is a Firm-Fixed Price (FFP) CLIN . 12 MO ~,-tb,,))4-'-)_ _---'r-_ _ _ _ _ _----' AS a result , fu nding for CLIN 0002 has increased !~~mlb)(4) I To : L_ _ _ _ _-----'. Fu lly Funded Obligatio n Amou n t : kh\(4 \ I Increme ntal l y Funded Amou n t : kh\(4\ I Product/Service Code : 0317 Product/Service Descrip t ion : IT AND TELECOMWEB- BASED SUBSCRIPTION Con ti nued NSN 754().()1152 8067 OPTIONAl FORM :J.3Il 2018-ICLI -00035 288 Sponsored by GSA FAA 103 CFRI53,110 ( ~ 66) REFERENCE NO, Of DOCUMENT BEING CONTINUED CONTINUATION SHEET 70CDCR18P000000 1 7/P00002 3 NAME OF OfFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO. SUPPLIES/SERVICES (A) (B) QUANTITY juN IT (e) (D) UNIT PRICE AMOUNT (E) (F) b}(7)(E);(b)(4) NSN 754().()11 52 8067 OPTIONAl FORM :J.3Il 2018-ICLI -00035 289 Sponsored by GSA FAA 103 CFRI53,110 ( ~ 66) r- i3 EFFECTIVE CATE 2. AM£NDMENThI4OD!FICATIQN NO [se e Bloc k POaOe3 9. ISSUED BY COOl: r~ CONI RACTIO COCE AMENDMENT OF SOUCtTA1lONIMODIFlCATlON Of' CONTRACT ~ , ~EouISrrIONlPURCHASE O J~ES 3 IS. P ROJ~CT NO. {It ~blfl REO, NO See Schedu l e 15C 1 ADMINISTERED 11'1 (II or"., m,n Item - lCE /OC R ~) CODE I CE / Oetention COJ"lp11. ance & Re:ucvals I r.IfIll. g tClt ion ar,d Cu stOIllS Of fi c e of Ac q ui s itio~ Enforcement ~a na geme~t 80 1 1 Street, N W kb )(6J (b){ZVCJI WAS HH GT ON DC 20536 ii NAIolE AND "OORESS OF CONTRAC TOR (110 .. _ . ~f. Sr"; _ZIPCOde) ' J::ST P~ BLISH I NG '" CO~PORA r: O N PC 3CX 64833 SAlt\T PA UL M(I; 55 164 9 ... AMENDMENT OF SOLI CITATION ~o <;e. Oo\TEO (SEE 'TEll 11) 1OA. MOOIFICAT~ %F CON TRACTIOROER NO. x ·70CDCR lS P 0 0 00:7 100. O"'TfD {SEE ITE'" 13} coo< 1FACILITY CODE 1485 ;) 32 860000 - n.._....-..,~,,~ .. se\_"'1 ""'" 1. rrf ~ ; O NLY 17/n/2017 , TO JU'E ~'" The rn.r _ _ so.c:;6edb',-.,.alor..... , , ,, ..."",,"M80 , .1 .. n;lIVI,",,*, Otr.. ~ mll>l ~ ~ 01 #> 1 amerc:moIf'II PlIO' to ~ - . and~ ~ " 1/"4 -"!IOrIo< ., iWM'f\dOCJ..... ""' icr"I Fr"lClJdtoS 8 ""..."""" Ie):r.e ~ ar>3 ' '''.....,.".n\ .....,.,-.oe'1. F..,ILURE OF 'I'OUI'I.o.cKN(M!..EDGEMENT TO 81:.I'!fCeNEDAT THE PLO.CE DESIGNATED ~OR THE RECEIPT OF OFFER!! "'HIOfl TO THE HOU R liND O",T E SPECIF IED .......'I' RF SUlT IN REJECTION OF YOUR OFF~ R Wby Y;'Ye of IM;S a~ \'CIJ CIII •• 1e ~ an oil ... alr .~ I y t)ro;n~ . sud1 cI1_.-.g. rr"IlIy I)fI mode toy lelagram or 10.... " pnlyidod earn tul ... ,*" 0* '-lilt m a ~H """"'" to 1M ~O'I_"" ..nl'r"ldonao1t .....:I" rtotirtd po'a" 10 the openhl l'9'! _ d 12. ACCO\..tolTIN Ci .w:lAPPROPRlATIQtI DATA(H~ Net I ncrease: kb W41 See Sc hedule C>EC~ ONE A nilS CI-UoHGE OROCR IS ISSUED PURSlJ,.o,NT TO. (Spor;J)< . - 1} ORDERNQ, IN rTEM 11),1,. nt'e CI1IINGES SET FORTH IN ITEM I. ARE MoWE IN THE CONTR.t.CT B. n"~Mlove NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLEC T THE IIOMINISTRI\TIVE CHANQ.ES (,....;flIS en. ng", in PIIY"III tlI'IICIl, approptI~ 1IfN. lie.) SET FORTH IN Ile,., I. , PU RSUANT TO niEAUTHOI\\TY OF fAR .:!. I03{b) , - - ---j-"•.~ "itER (St>«i1Y1yprJ r;JI """"SC8F:iOII and 1oI!fIOIl/y) X F u n ding E. IMPORTANl: Onl y CorrIfBetor Action ~~ IS r.:lI. ,s requirlld \O""*' thi$ r ......,'" ""ILo:ib/e,) DtJ!.;S :-l u mber: 1485 0 8286 Gove:-nrr.ent POC: kh>£6)(bXTtCCl Phone : 2 0 2- "I32 -~ Email: killl6Hb)(Z)(Cl Gov ernme nt p oe: k blrfl) (b)(l)(C) Pho~e: 202-7 32 -~ ~ma:' 1 : kbX6):(bM7MC Co n t r acti ng Off i cer: kil)(6HbVZllCl Phone : 202- 7321 bX6),1 Cont inued STANDAAC FORM 3Q (REV. 10..831 p",W"ibtluthori/y) X Fundin g On l y Ac ti o n E. IMPORTANT: Contractor is required to sign this document and return cop;es 10 the issuing office. 14. DESCRIPTION OF AMENDMENT/MOD IFICATION (Oryamzad by UCF soctkJn """dingS, mdud"'l} solicitationllXNllmcl subject maflerwh"", feaSible .) DUNS Numbe r : 14 85 0 8 286 Go v ernmen t poe : t b)(6Hb)(7)(C) Phone : 2 0 2- 73 2 ~b )(6l: 1 Emai l : kb)(6):(b)(7)(C) Go v ernmen t poe : kh\IflHh\(7)(G\ Pho ne : 2 0 2 - 732 - kb)(6l: 1 Ema il : kb)(6):(b)(7)(C) Co n t ra c ti ng Of fi cer : ~b)(6); (b)(7}(C) Phone : 202 - 7 3 2 i b)(6H I Con t in ued ... Except as pro'o'ided herein all terms and oond itions of the document referenced in hem 9 Aor l OA as heretolore changed rema ins unchanged and in lui force and effect 15A NAM E AND TITLE OF SIGN ER (Type or pr1nt) 16A. NAME AND TITLE OF CONTRACT ING OFFICER (Type orprint) b)(6);(b)(7}(C) 158. CONTRACTOR/OFFEROR I OC. DATE SIGNED /Signo'ur. 01 (#Wi! ""~ to sigfl) NSN 7540-01·152-8070 Previous ed ition unusable 2018-ICLI -00035 293 - 16C. OATE SIGN ED 16 May 2018 STANDARD FORM 30 (REV 10-83) Prescribed by GSA FAR (48 CFR) 53.243 REFERENCE NO. Of DOCUMENT BEING CONTINUED CONTINUATION SHEET 70CDCR18P000000 17/P00004 3 NAME OF OfFEROR OR CONTRACTOR WEST PUBLISHING CORPORATION ITEM NO. SUPPLIES/SERVICES (A, (B, Email : QUANTITY juNIT (C) (D) UNIT PRICE AMOUNT (E, (F, b)(6);(b}(7)(C) There is a requisition associated with t his modification ; 1921 18FUGOPS120 92 . The pu r pose of t his modifica t ion P00004 is t o add additional funding to CLIN 0002 in the amount of b , As a result , the total obli gat ed a mou nt o n th is order is increased from : bX " To : L ___________ ~~~m f I ~. Notwit hstanding the period of performa nce indicated above , t he funding provided in this modif icati o n is the amount present l y ava il abl e for payme nt and al l otted to this tas k order . The service provider agrees to perform to the point that does not exceed the total amount currently al l otted to the items currently funded under this task order . The service provider is not authorized to continue to work on those item(s) beyond t hat poi nt . The Gover nme nt wil l not be ob l igated to reimburse t he service provider in excess of t he amount allotted to t hose item(s) for performa nce beyond t he funding al l otted . Exemp t Action : Y Sensitive Award : PII FOB : Destination Period of Performa nce : 12/22/2017 to 09/21/2020 Change I t em 0002 to read as fo llows(amoun t shown is the obligated amoun t ) : 0002 Option Period 1 - 02/01/2018 - 01/31/2019 ACCESS TO LI CENSE PLATE SYS TEM (All ICE Users ) This is a Firm-Fi xed Price (FFP) CLIN . 12 MO I Kctb"X',, " ______. -______________-' AS a result , fu nding for CLIN 0002 has increased ;~om X [b " I ~FCuCnCdCeCdCCO~bOl"C.gOaOOt~ion Amoun"t~'~k~b~X~"~:::::I:=J1 Fully Incremental l y Funded Amount : kb}(4) I Product/Service Code : 03 17 Product/Service Description : IT AND TELECOMContinued ... NSN 754().()1152 8067 OPTIONAl FORM :J.3Il 2018-ICLI -00035 294 Sponsored by GSA FAA 103 CFRI53.110 ( ~ 66) REFERENCE NO, Of DOCUMENT BEING CONTINUED CONTINUATION SHEET 70CDCR18P000000 1 7/P00004 3 NAME OF OfFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO. SUPPLIES/SERVICES (A) (B) QUANTITY juN IT (e) (D) UNIT PRICE AMOUNT (E ) (F) WEB BASED SUBSCR IPTION b}(4);(b}(7)(E) Period of Performa nce: 02/0 1/ 2018 to 01/31/2019 -----t erms , and cond i t i ons of 70 CDCR1800 0 00 017 remai n the same . All o t her prices , NSN 754().()11 52 8067 OPTIONAl FORM :J.3Il 2018-ICLI -00035 295 Sponsored by GSA FAA 103 CFRI53,110 ( ~ 66) Offlce afth e Acquisition Managemellf U.S. DepllrUlltnl or Homeland Sec urily 801 I Sirecl. NW Washi nSlon. DC 20S36 oR' .. ~,"'IJ",( US I . . mrrllgrauon ; and Customs Enforcement 1-+ . ~ So le So urce Justification (SSJ) Test Program for Certa in C ommercial item s for procurement s exccedin g the S implified Acq uis ition Thres hold (> S I50,000) pursuant to FAn. S ubparl 13,5, includin g Brand Na me ~I § 1901 u.s.c. Datc: PR Nu mbe r: 70CDC R 18Q00000005 12111 /2017 Pursuant to the requirements under the authority of the test program for commercial items at 41 U.S.C. 190 1 or the authority o f 4 1 U.S.c. 1903 Spec ial emergency authority as impl emented by Federal Acqu isi tio n Regulation (FA R) Subpart 13.50 1 and cons isten t w ith thc conte nt requirements or FAR 6.303-2. 1. Age ncy and C ontrllcting Activity The Department or Homeland Security (DI-IS), U.S. Immigration and C ustoms Enforce ment (ICE) Office of Acquisit io ns Management (OAQ)/ Detcntion Management Division (DC R), on behetl f of the Office of Enforcement and Removal Operat ions (ERa), Hom el and Security Invest igation s ( HS I), , proposes to obta in query-based access to a commercially availabl e License Plate Reader (LPR) database under other than full and open competit ive procedures utili zing the exception specified under FAR Subpart 13.50 I (a)( 1)(ii) " Only One Respons ible Source". 2. Nature and/or DesCI'iption of the Ac tion Bcin g A pprovcd T hi s Sa le So urce Justification (SSJ) approves the issuance o f a solc source contract for access to a nati onwide query-based License Plate Reader for ICE users. The proposed contract wi ll be a firm fixed price contrac t and the total potent ia l period of performance of thi s effort is two (2) years and nine (9) months, consisting of one ( 1) 41-day base period, two (2) twe lve-mon th opt ion periods, and one ( 1) eigh t- month opt io n periods. The total potent ial va lue of this req uirement is estimated atkbX4) I Thi s act io n is bei ng taken pursuant to FAR 13.50 I. The government seeks to acquire the required services rrom Thomson Reu ters Spec ial Services c m SS), LLC located nt 1410 Spring Hi ll Road, McLean , VA 22102-3058. 3. Description of S upplies/Sc l'vices DHS ICE! ERO/l-IS I has a unique requirement to obtain query-based access to a comm ercially availab le License Plate Reade r (L PR) database that mee ts ICE privacy requircmen ts. The LPR data service must prov ide constant (24 hours, seven days a week) access to a commercially avail able, que ry-based LPR database for ICE law en forcement personne l located al ICE offices ac ross the United States for the purpose of executing their oflicial law enforcement duties. ICE requires Ll>R in fonnat ion, obtai ned in response to queries of the commercial da tabase, to further LA W EN l·ORC I::.lVII!IH SEHsrn VI;i 2018-ICLl ·00035 296 its criminal law enforcement function, including investigations related to national security, illegal arms exports, financial crimes, commercial fraud, human traffiCking, narcotics smuggling, child pornography, and immigration fraud, and civil immigration enforcement missions. 4. Identification of Statutory Authority Permitting Other Than Full and Open Competition This action is being taken under the authority of the Test Program for Commercial Items, 41 U.S.c. 1901 implemented by Federal Acquisition Regulation (FAR) Subpart 13.501. 5. Demonstration that the Contractor's Unique Qualifications or the Nature of the Acquisition Requires the Use of the Authority Cited The use of this authority is necessary because only one vendor, TRSS, is able to satisfy ICE's unique requirement through TRSS's Partnership with Vigilant Video. The Government requires a nationwide, searchable, license plate reader database with 2417/365 access, including mobile application access, that is able to meet ICE privacy requirements and is integrable into an existing ICE investigation tool. TRSS has entered into a Partnership with Vigilant Video, whereby license plate reader data will be provided by Vigilant Video through CLEAR®. TRSS's law enforcement database. Access to LPR data through the CLEAR® portal allows agents and officers to access LPR data through their current suit of electronic investigative tools. TRSS currently holds ICE law enforcement database contract (Contract Number HSCEMD-17-F-00008). Through this contract ICE is able to access numerous law enforcement databases which enable law enforcement in the field to more effectively identify, investigate and locate individuals suspected of criminal activity. Adding LPR functionality is critical to ensuring that ICE is using all available tools to further its criminal law enforcement and civil enforcement missions. Allowing all searches to occur in one system increases the likelihood that the data will be used by the officers to more effectively carry out the ICE mission. It also ensures uniformity across the search process increasing the likelihood of successful outcomes for arrests that rely on this information. The mobile application will give officers the ability to search plates anywhere, anytime, and includes all the same functionality as the web-based application. Additionally, it holds one vendor accountable for all information acquired by law enforcement. This increases the likelihood that information relied on by two different systems will be accurate and able to withstand any legal challenges. Finally, adding this functionality to a current ICE system allows ICE to timely obtain the required services and avoid transition, start-up, and ongoing administrative costs associated with acquiring LPR data through a separate access portal. TRSS, through their Partnership with Vigilant Video, is the only known contractor that can provide query-based access to a nationwide LPR database, including mobile application that can meet ICE privacy requirements and operational needs. Accessing the LPR database through CLEAR®'s system enables ICE to limit the number of sources an agent needs to query for investigative purposes and increases operational efficiencies in meeting the DHS and ICE mission. The period of performance for this acquisition was altered to align with offered 2 2018-ICLI-00035 297 CLEAR® pricing and peri od of performa nce. 6. Desc ripti on of E ffo rts M ad e to Ens u re that O ffers arc Solicit ed fr om lI S Ma ny Potential So urc es as is Practica bl e. Thi s requirement will be synops ized in FcdBizO pps as required by FAR S ubpart 5.30 1. In additi on, Ihi s justification will be made available for publi c inspection aft e r award, in acco rdance with FAR 6.305(a). 7. Determin a tion by t he Co nt racting Officer th a t t he An ticipated Cos t to the G overn men t \ ViII be Fa ir a nd Rcasona bl e T he follow ing chart deta il s th e tota l cost to obtain query-based access for all ICE users to a commercially ava ilab le Li cense Plate Reader (L PR) database: Unit Item Description Quantity of Issue CLLN 0001 Access to Licensc Plate Systcm (A ll ICE Users), Base Peri od POP: 12/2112017 01 /31 /2018 CLiN 0002 Access to License Pl ate System (A ll ICE Users), Option Period I 02/0t12018 - 0 1/31 /2019 CLiN 0003 Access to License Plate System (A ll ICE Users), Option Peri od 2 02/01 /2019 - 0 113 1/2020 CLIN 0004 Access to License Plate System (A ll ICE Users), Opti on Period 3 POP: 021011202009/30/2020 Es timated Un it Cost Es timtUed Fixed Price Per Line Hem b}(4) The price to provide these serv ices to the Government will be detenn ined fair and reasonable based on price analys is, including comparison to previous pri ces paid under s imi lar contracts prior to contract award. Further details can be fo und in the price rcasonableness document prepared for thi s proposed act ion. 8. Description of Mn rket Researc h ICE is aware of other companies who offer access to a commcrcia ll icense plate reader database that meet ICE pri vacy req uirements. However. those vendors· databases arc not ava ilable (0 be purchased as one license for all ICE law enforcement perso nnel, and arc not integrated into 3 2018-IC Ll -00035 298 ICE's current system. If ICE was to purchase access to an alternative commercial license plate reader database, ICE would be forced to buy individual licenses for all ICE law enforcement personnel who would need access to the database. This would range up to 2,000 individual licenses per year. The management of individual licenses for all ICE law enforcement would be extremely burdensome administratively. TRSS has entered into a Partnership with Vigilant Video, whereby license plate reader data will be provided by Vigilant Video through the current law enforcement database, CLEAR®, provided by TRSS. This service is being offered to cover all ICE users and departments. The CLEAR® database is offered as one license to all ICE users. The current solution offered by TRSS seamlessly integrates access to LPR database that meets ICE law enforcement requirements and privacy requirements. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition. Based on the market research above, the acquisition for access to a query-based commercially available License Plate Reader (LPR) database from TRSS through Vigilant Video is only available through the proposed vendor and is the most cost effective and efficient method for this acquisition. These database services arc extremely beneficial to the function ofERO and HSI as they strive to meet their mission. TRSS, through their Partnership with Vigilant Video, is the only contractor that can provide a query-based access to a nationwide LPR database that includes mobile application and can meet ICE privacy and operational requirements. Accessing the LPR database through CLEAR®'s system enables ICE to limit the nwnber of sources an agent needs to query for investigative purposes and increases efficiency in meeting the DHS and ICE mission. Based on the benefits of the TRSS and Vigilant Video Partnership in offering the services through one system and one license, the Government is receiving a unique requirement that is unavailable in the current market. 10. A Listing of the Sources, if Any, That Expressed, in Writing, an Interest in the Acquisition. The requirement for this contract will be synopsized. TRSS is the only established source to express interest in this contract. 11. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required. The Government will continue to monitor the market for sources that may be able to meet the Government's requirement for access to a license plate reader database that meets the Government's functional, operational, and privacy requirements. 12. Certifications I certify that the facts and representations under my cognizance, which are included in this justification, meet the Government's minimum need and that the supporting data, which fonns a basis for this justification, is complete and accurate. ICE intends to post the requirement pursuant to FAR 13.501(a)(I)(iii) and 6.305(a). 4 2018-ICLI-00035 299 Req ui re mentsneeh ni ea J Perso nn el: I cert ify this requ irement meets the Governm en t's minimum need and that the supporting data, which fonns a basis for this j ustifi cation, is complete and accu rate. b}(6),(b)(7}(C) 1 ~)t3lrr Date 12/13/17 Date I-lSI Section Chief Cont ractin g Office r: I certify that the justification is accurate and complete to the best of my knowledge and belief. Date Contractin g Officer De pu ty Chief Acquisition Office r/Compe tit ion Advocll te: r X6),(b)(7XC) Date Deputy Head of Contra Cling Acti vity ICE Competition Advocate Ol-IS l iCE I Office of Acquisition Management (OAQ) 5 2018-ICLI-00035 300 I RfOUlS/TlOtf _Hal SOLICITATIONICONTRACTIORDER FOR COMMERCIAL ITEMS See Schedule OFFEROR TO COMPI..ETE BLOCKS IZ. '7, IJ, 14. ' JQ 52 t Jql!CITATION ~II: ,. FOil IOUCITAnON ~ INFOR .....TION CAlL: . ~ ~. b)(6).(b)(7)(C) CODE ICE/OCR DELMRV'OII'OIDUTINATlDtl UNL~SS II.OCK IS I LISINEU ~ OFFEROR r twel519190 $21.5 1:111 RATING n. THIiCONTRAC'TISA MTEO OIIOEII l.WD(R ClPAS ( I~ CfI" 7II1II ICE/ERO CODE ICE/OCR ICE/Detention Complia nce & Removals I mmigration and Customs Enforcement Office of Acquisition Management 801 I Street , NW kb)(6);(b)(7)(C) I ASHINGTON DC 20536 CE-ERO-FHQ-CED DHS , ICE Burlington Finance Center P . O. Box 1620 Attn: ICE-ERO-FHQ-CED Williston VT 05495-1620 WEST PUBLISHING CORPORATION PO BOX 64833 SAINT PAUL MN 55164 17'Q.D"lECK . !I04ITUHC! A.DIFFEIII!NT ~ p ~ as "'Of'FEIII " WO~E~OWNED SIUtre~m.• Jl b0197-bZ9Z- - - - --.- ~ ITEM NCI TIE ~~ ICE Enforcement & Removal 801 I Street, NW kb}(6);(b}(7}(C) I Weshington DC 20536 11. COtITMCTOItI ~OEII ~'• •"......... . . . vn~_o SEE SCHEDUlE COCE ('010058) EUGI8lE .... ~II . . HU8lONl!~L Net 30 II ClEUVEI'I TO ._y I'>'OUE!H)·M'ED SIM1J. IUSiNESS &\W.I. IIVSlIESS 1~ CllacOUN1TER ~S ~ ~-SET ASIDE ICE/Detention Comp1ience & Removels Immigration end Customs Enfo r cement Office of Acquisition Manegement 801 I Street , NW !Ih\l,,, ''''/7\1r, WASHINGTON DC 20536 t'u TEl£I'HONI! ........,. 202732tb'H'61 /l • ISSUW BY " 70CDCR18Q00000005 70CDCR18P00000017 SCHEDOA.e OF 1I.PPLII!8."SERlf.CES DUNS Number: 148508286 overnment POC: ~t!,J( 2l'!lfIUl!I;;1 Phone: 202-732-kh'll'flHI Email: kb)(6l.Cb}(7}(C) " ~ I Government roc, b'll'6Hb'K7'H'Cl Ph one : 202-732 b)(6J:( Email : )(6).(b)(7)(C) Cont ra cting Officer : Fb)(6),(b)(7}(C) Pho ne : 202-732 ~ b)(6): 1 - c lEE I\tlDENClU~ ISCHECKED " " ~- ,-, " -- I I I r (Use RlIw,u anGtlr Attach AdcJitJOIlai Sh~/s IS NflCesntyJ TOTAJ..IllWAAD.t.MOUHT (Fot" GeM UJe CW)1 25 ACC()UN1lHGANOAPPROPRIATION OATIII See schedule 21. SOliCITIllTION INCORPORATES BY REFERENCE FAA 52 212-1. 52 212-'1 FAA 52 212-3 AND 52 212~ AAE IIITTACHED A.ODENDA IX 21b COHTRACTIPURCHIP\.IESiSEIMCCS (A) (B ) (e) UNIT UN IT PRICE (D) AMOUNT (E ) (F) apply only to t he purchase order resulting for ICE solici t ation 70COCR18Q00000005 . Exempt Action : Y Sensitive Award : PII Period of Performance : 12/22/2017 to 09/21/2020 0001 Base Period - 12/22/2017 - 01/31/2018 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . Product/Service Code : 0317 Product/Service Descript ion : IT AND TELECOMWEB-BASED SUBSCRIPTION Requisi t ion No : 192118FLMURQ0008 , 192118FUGOPS12087 b}(4);(b}(7)(E) Per~od 0002 of Performance : 12/22/2017 to 01/31/2018 Option Period 1 - 02/01/2018 - 01/31/2019 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . 12 MO Amou nt : Kb}(4) l(Opt io n Line Item) 02/20/2018 Produ ct/Service Code : 0317 Produ ct/Service Descript ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Acco un ti~o : Funded : ~ Period of Performance : 02/01/2018 to 01/31/20 1 9 0003 Optio n Period 2 - 02/01/20 1 9 - 01/31/2020 ACCESS TO LI CENSE PLATE SYS TEM (Al l ICE Users) Cont inued ... NSN 7S4()..()t · t52-8067 12 MO Kb}(4) L OPTIONAl. FORM:J.3Il (H I6) Sponsored 2018-ICLI -00035 303 b\' GSA FAR (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLISHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) Th is is a Firm-Fixed Price (FFP) CL IN . Amoun t : i b)(4) I( optio n Line Item) OS/20/2018 Product/Service Code : D317 Product/Service Descripti o n : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2019 to 01/31/2020 0004 Optio n Period 3 - 02/01/2020 - 09/30/2020 ACCESS TO LICENSE PLATE SYS TEM (Al l I CE Users) This is a Firm-Fixed Price (FFP) CL IN . 8 MO L r b__ X4_) _ _ _ _ _ _ _ _ _ _---' I(option Line Item) Amoun t : kb}(4) 08/20/2018 Product/Service Code : 0317 Product/Service Descript ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2020 to 09/30/2020 I nvoice Ins t ructions : ICE - ERO/ HSI Con t rac t s Service Providers/Cont ractors shall use t hese procedures whe n submi t ti ng an invo ice . 1 . I nvo i ce Submission : Invoices s ha l l be submitted in a " . pdf " format i n accorda n ce with t he contract te rms a nd conditions [Contract Special i st and Con t rac t ing Officer to d i sc l ose if o n a mo n th l y basis or other agreed to terms " ] via e mai l , Un ited States Posta l Service (USPS) or facs imi l e as follows : a) Email : • Ilb )(6)-(bII7\ICI • Cont ract ing Off i cer Representat i ve (COR) or Gover nme n t Poi n t of Contact (GPOC) • Con tract Specia l ist/Co n tracting Officer Each email sha l l contai n o nl y (1) invoice a nd the i nvo i ce number shall be indicated on the subject l i ne of the email . b) USPS : Cont inued NSN 7540-01·152-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 304 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO. OF DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBL ISHING CORPORAT I ON ITEM NO. SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) DHS , ICE Fi na n cial Operations - Burlingt on P . O. Bo x l620 Willisto n, VT 05495-1620 ATTN: I CE-ERO-FHQ-CED The Con t rac t o r s Data Un iversal Numberin g System (DUNS) Number mus t be regis t e r ed and ac tive i n t he Sys t em f o r Award Man age men t (SAM) a t i b)(7)(E) I prior to award and s hall be nota t ed on e v er y i nvoic e s ub mi t ted to e n sure p romp t payment prov is i o n s are met . The I CE p rogram office ident if ied in the t as k order/co n tract shall also be nota t ed on e v er y i nvo i ce . c ) Fa cs imi l e : Alter na tive Invoices shall be submit t ed t o : (802) -288 -j{b){6);1 S ubmi ssions by facsi mi le s h all include a cov er s hee t, poi nt o f contact and the n umber of t otal pages . No te : the Service Providers o r Con t racto rs Dunn a nd Bradstreet ( D&8) DUNS Number mus t be r egis t ered in t he Sys t e m for Award Mana geme n t (SAM) a t kb)(7}( E ) I p rior to award a nd shall be no ta ted on ever y invo i ce submi tted to e n sure promp t paymen t p ro vis ion s are me t . The I CE p rogram office ident if ied in the t as k order/co n tract shall also be nota t ed on e v er y i nvo i ce . 2 . Co n te n t of I nvo ices : Each i nvoice shall conta i n t he fo l lowin g i nformation in acco r dance wi th 52 . 212-4 (g) , as applicable : (i) . Name a nd address of t he Serv i ce Provider/Co n tracto r . Note : the na me , address a nd DUNS number on the i nvo i ce MUST matc h t he i n for matio n in b oth the Con tract/Agreeme n t and t he in formatio n i n t he SAM . If payme n t i s remitted to another e n t ity , the name , address and DUNS information of that e n tity mu st also be provided which wil l require Governme n t Conti nued .. . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 305 Sponsored b\' GSA FAA (03 CFR) 53. '1 0 FER ENCE NO. O F DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLIS HI NG CORPORAT I ON ITEM NO. SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) verifica t ion before payment can be processed ; (ii) . Dun n and Brads t ree t (D&B) DUNS Nu mber : ( i ii) . I nvoice da t e a nd invoice number ; (iv) . Ag ree men t /contrac t nu mber , con t rac t line item number and , if applicable , the order n umber ; (v) . Description , qua n tity , unit of measure , un it price , exte nded price a nd period of pe r for mance o f the i t e ms or services delivered ; (vi) . If applicable , shipp ing number and da t e of shipmen t, i n cluding the bill of ladi ng n umber and weight of shipmen t if shipped on Governmen t bill o f lading ; (vii) . Terms o f a n y discou nt for prompt paymen t offered ; (vii i ) . Remit to Address ; ( i x) . Name , title , a nd phone number of person to reso l ve invoicing iss ues ; ( x ) . I CE program office designated o n order/co n tract/agreement a nd ( x i) . Mark invoice as "In terim " (Ongoing performa n ce and addi t ion al bil l ing e xpected) a nd " Fina l" (performa n ce complete and no additiona l billi ng) ( x ii) . El ectron ic Fu nds Tra n sfer (E FT ) ban king i n for matio n in accordance with 52 . 232 - 33 Payme n t by El ectron ic Funds Tra n sfer - System for Award Manageme n t or 52 - 2 32 - 34 , Payme n t by Electro n ic Funds Transfer - Other tha n System for Award Manageme n t . 3 . I nvo i ce Supporting Documentation . To ens u re payme n t , t he vendor mu st submit support ing docu mentat i on which provides s ubstantiation for t he invoiced costs to t he Contracting Of f icer Represe n tative (COR) or Poi n t of Contact (POC) identif i ed in the con tract . Invoice charges must Cont inued .. . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 306 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BEING CONTINUE D CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO_ SU PPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) align with t he con tract CLINs. Supporting documen t ation is required when guaranteed minimums are exceeded and when allowable costs are incurred . (i ii ) Fi rm Fixed-Price CL INs . Supporting docu men ta t io n is not re qu ired f or charges for FFP CLINs . 4 . Safeguarding I n for mati o n : As a contractor or v endor conducti ng business with Immi g ra ti o n and Customs Enforcement (ICE) , you are required to comply with DRS Po lic y regarding t he sa f egua rding o f Sensitive Personally Ide n ti f iable In form at io n (P Il ) . Sensitive PIl is in fo rmation t ha t iden ti f i es an i nd iv idual, in cl ud i ng an alien , and could result i n harm , e mbarrassme n t , i nco nve ni e nce or u nfa irness . Examples o f Sensitive PI I i nc l ude i nformat i on such as : Socia l Security Numbers , Al i en Re gist rat i on Numbers (A-Numbers), or comb inat ions o f i n forma ti o n such as the individua ls na me or other u ni que iden ti f i er and fu l l date o f birth , c i tizens h ip , or i mmi g ra t ion status . As pa rt of your obli ga t io n t o safeguard i nformati o n , the fol low precautions are re qu ired : (i) Email s uppo rt i ng doc ume n ts containing Sensitive PI I i n an e nc r ypted attachmen t with password sent separate l y to the Contracting Officer Representative assigned to the con t rac t . Iii) Never leav e paper doc umen ts con ta i ni n g Sensitive PI I u na t te nded and u ns ecure . Whe n no t i n use , t hese doc ume nts will be l ocked in drawers , cabinets , desks , e t c . so the i nformati on is no t accessib le to t hose without a need to kno w. (iii) Use s h redders whe n discarding paper documents contain i ng Sensitive PI I . (iv) Refer to the DHS Ha ndboo k for Safeguarding Sensitive Pe rso n a l ly Iden t i f i able In f orma t ion (Marc h 20 1 2) found at t b ){7){E) Continued NSN rS4ll-Ot·t52..aoor OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 307 Sponsored b\' GSA FAA (03 CFR) 53. '10 FERENCE NO_OF DOC UMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAME OF OFFE ROR OR CONTRACTOR WEST PUBL I SHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES (A ) QUANTITY (8 ) (e ) UN IT ( D) UN IT PRICE ( E) AMOUNT (F ) f for mo re informatio n on a nd /or examp les of Sens it ive PIr. 5 . I nvoice Inqu i ries . I f yo u ha v e q uest i ons regardi ng p a yment , please contact ICE Fin a n cia l Ope r a t io n s at 1-877- 4 91-6521 or b y e-mai l at Kb)(6);(b}(7)(C) The t ota l a mou n t of a ward : ~b}(4 ) The obli g at i on f o r th i s a ward i s s h o wn i n bo x 26 . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6 ) 2018-ICLI -00035 308 Sponsored by GSA FAA (03 CFR) 53. ' 10 Statement of Work Access to License Plate Reader Commercial Data Service C.I. lNTRODUCTION AND BACKGRO UND. The intent of this Statement of Work (SOW) is to describe ICE's operational requirements to obtain querybased aeccss to a commcrcially avai lable Liccnsc Platc Rcadcr (LPR) databasc to support its cri minal and immigration law enforcement missions. A commercial LPR database stores recorded vehicle license plate numbcrs from camcras cq uippcd with liccnsc platc rcadcr technology. Rccords arc uploadcd into thc systcm from a variety of governmental and private sources including, but not limited to, access control systems such as toll road or parking lot camcras, vchiclc rcposscssion companics, and law cnforccmcnt agencics. Licenses to access the commercial database are sold to commercial consumers as well as 10 law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database. ICE wi ll use LPR information obtained in response to queries of the commercial database to further its criminal law enforcement and civi l immigration enforcement missions. ICE immigration enforcement personnel will query the LPR database using known license plate numbers associated with subjects of their immigration enforcement activities, to determinc whcre and when the vehicle has traveled withi n a specified period of time. The results of the queries will assist in identifyi ng the location of aliens to further ICE's immigration enforcement mission. ICE will also use LPR infonnation obtained from the commercial database to furthe r its criminal law enforcement mission, which includes investigations relatcd to national sccurity, illegal arms exports, fina ncial crimes, commercial fraud, human trafficking, narcotics smuggling, ch ild pornography, and immigration fraud. For example, use of LPR data in this context could he lp to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal activity, such as smuggling. Use of this data is expected to enhance officer and publ ic safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g. , away from a subject's residence if there are suspected to be children or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially available, query-based LPR database for ICE law enforcement personnel at ICE offices across the United States in the execution of their official law enforcement duties. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performance Requirements The vendor provides: Data Service ContentJScope • The LPR data service shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substant ial unique LPR detection records. • The LPR data service shall compile LPR from at least 25 states and 24 of the top 30 most populous metropolitan statistical areas to the extent authorized bv law in those locations. o A metropol itan statistical area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office 2018-ICLI-00035 309 of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies fo r statistical purposes. • The LPR data service provider shall demonstrate the number of new unique records that were added to the commercially available LPR database each month for the last consecut ive twelve (12) months. • The LPR data service shall make avai lable at leastJO million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing similar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing simi lar services to other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instructions and guidance to fac ilitate usc of system. • The abil ity to compare new user requests with lists of personnel authorized by ICE to usc the vendor system. • Automatic verification of accounts with the ability to audit by using the user's Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or indirectly by the National Law Enforcement Telecommunication System (N LETS). • The ability to add new users or delete existing users within 24 business hours of ICE's request. • Ini tial training to orient personnel to the usc of their system, including " Help Desk" support related to the use, access, and maintenance of the system. • System training and "Esca lation Procedures" for agency managcr and shall include procedures for resetting passwords. • Unlimited technical support to each user. • Pcriodic or as needed updates to the web interface and mobile application. The vendor will employ appropriate technical, administrative, and physical security controls to protect the integrity, availability, and confidentiality of the data resident in its system. Functional Requirements Query Capabilities • Before a user is able to perform a query from the main system or mobile appl ication, the system must display upon logon a splash screen that describes the agency's pennissible uses of the system and data, and requires the user to affirmatively consent to these rules before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be avai lable to the users via a hyperlink within the main system interface (including any mobile app interface). o The agency will provide the language for the splash screen content. • All queries of the LPR data service shall be based on a license platc numbcr queried by the user only, and the data returned in responsc must be limited to matchcs of that license platc number only within the specified pcriod of time. 2018-ICLI-00035 310 • The system will not permit user queries of the data service unless a license plate number is entered. A query can only be conducted by entering a liccnse plate number. • The query interface will incl ude a drop-down field fo r users to select a reason code for the query from a pre-populated list. The specific reason codes wil l be provided by ICE. This field is mandatory for conducting a query. • The query interface wi ll require a user to identify whether the user is entering data for him or herself or fo r another individual. If the user is entering data for another individual, the query interface will require the user to enter the name of the other individual. • The query interface must include a free- text field of at least 255 characters for user notes. This wi ll allow for additional information that will assist ICE in refcrencing the specific case for which the query was performed. Completing this field shall be mandatory for conducting a query. • The system will have the capability to limit the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface wi ll have a field for the user to select or input the appropriate timeframe fo r the query. o The system will display results only for LPR detecti on records within that timeframe (e.g. , only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets. • To ensure accuracy of information, the response to a query must include at least two photos on all hits. o Photos must be of sufficient quality to allow the user to visually confirm the license plate and vehicle make/model in the photo are the same as what is represented in the vendor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two different map views, nearest address, nearest intersection, date and time the license plate was captured, GPS coordinates, and source of the record. o The vendor shall provide a notification mechan ism in the event ICE users identify photographs that do not match the data in their system (license plate numbers or make/model mismatches). The vendor shall address all erroneous data. The vendor shall notify ICE and the ICE user of any inputted erroneous data and keep ICE and ICE users informed of corrections to erroneous data. • The vendor will not use any information provided by the agency (query data) for its own purposes or provide access or disclose such information to other customers, business partners, or any other individual or entity. • The vendor will not use ICE' s queries (the license plate numbers input into the system) for its commercial purposes. The vendor will only use the queries submitted by ICE to maintain an audit log. Alert List Capabilities • The LPR data service sha ll provide an "Alert List" feature that wi ll allow ICE users to save license plate numbers so they wi ll be automatically queried agai nst new records loaded into the vendor's LPR database on an on-going basis. Any matches wi ll result in a near real-ti me notification to the user. 2018-ICLI-00035 311 • The LPR data service Alert Li st wi ll provide capabil ities to share Alert List notifications between ICE users involved in the investigation. • The Alert List feature wi ll: I) Automatically match new incoming detection records to user-uploaded orentered Alert Lists containi ng the license plate numbers of interest in the investigation; 2) Send an emai l notification to the user originating such Alert List records and to any ICE user that has been shared the Alert List indicating there is a license plate match to new records in the system; and 3) Provide within the LP R system for download a PDF case fi le report for the match (wi th maps, vehicle images, and all pertinent detection & Alert Li st record information) for each email alert notification. The notification must be able to be limi ted to the user o r a use r group of ICE law cnforcement officers involved in the speci fi c investigation. The notification will comply with all applicable laws, including the Driver' s Privacy Protection Act of 1994 , 18 U.S.c. §§ 2721-2725. • The LPR data service wi ll allow specifica lly designated users to batch upload a maximum of 2,500 license plate records into the "Alert List". The batch upload will be in the form of a si ngle comma separated variable (CSV) fi le with data fiel ds to include, but not li mited to the fo llowing: Plate number; State of Registration; Vehicle Year, Make, Model & Color; reason code and an open text fi eld, of at least 255 characters, fo r a user note to assist in referencing the specific purpose / investigation / operation for which the query was performed. • • The Alert List function wi ll include an automated capability that fl ags license plates for de-confliction. License plate pictures taken with the automated Optical Character Recognition (OCR) plate numbcr translation shall be submitted to the LPR data service system for matching with license plates on any eurrent ICE Alert List. Any positive matches shall re turn to the iOS appl ication (identified below) alerting authorized users of a positive match. These pictures will be uploaded into the data service que ry by an authorized ICE user along with any mandatory information needed fo r a no rma l query. The pictures will be retained in the vendor's system for audit purposes only and wi ll not be otherwise accessible or usable for search purposes. • Each license plate number on an Alert List wi ll be va lid for one year unless the user removes it before expira tion. The system wi ll prompt use rs two weeks prior to expiration and require the user to a ffirmati vely indicate that there eontinues to be an operational requi rement to keep the particular license plate entry on the Alert List active, or be given the option to delete the license plate from the Alert List. Prompts should continue periodically until the expiration date is reached. The system will grant the user an additional week after expirat ion to re new the entry in the Alert List. If the user does not re new, the system shal l remove the license plate number from the Alert List. • All Alert List activity shall be audi ted to capture user name, date and time, reason code, and use r note associated with the query, as well as license plate number entry, deletion, renewal, and expiration fro m the alert list. • The vendo r shall not retain any data entered onto an Alert Li st except as part of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert List. Mobile Device Capabilities • The LPR data service shall fea ture an iOS-compatible mobile appl ication that allows authorized ICE users to: o Query the LPR data service by entering the license plate number, state of registrat ion, reason code, and the ability to add returned positive matches into the Alert List. 2018-I CLI -00035 312 • o Have quick access and recall of any queries and Alert Lists associated with the user or designated user group. The vendor application wi ll delete any saved data on the mobile device after 60 days, ifnot already deleted manually by the user. o Provide capabilities to share Alert List notifications between ICE users involved in the investigation. The mobile application wi ll conform to all other performance, privacy, and functional requirements identified in the SOW. The vendor shall coordinate with ICE to make sure that the mobile application undergoes the required privacy assessment prior to use. Audit alld Reporting Capabilities • The vendor shall generate an immutable audit log in electronic fo rm that chronicles the fo llowing data: o Identity of the user initiati ng the query or the person on whose behalf the query is initiated, if diffe rent; o Exact query entered, to include license plate number, date limitations, geographic limitations (if applicable), reason code, and any other data selected or input by the user; o Date and time of query; and o Results of the query. • All Alert List activity shall be aud ited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall provide to IC E user audit reports on a quarterly basis and upon request. Audit reports shall contain the audit log information of a given user(s) for the specified period of time. The vendor shall provide the audit log in electron ic form via secure transmission to ICE promptly upon request. The format of the audit log shall allow for ICE to retrieve user activity by user name (or 10), query entered (e.g., particular license plate) and date/time. The exact technical requirements and format for the audit log will be negotiated after contract award. • The vendor shall promptly cooperate with an ICE request to retrieve and provide a copy of the actual records retrieved from the LPR data service in response to a particular query, or any other data relevant to user activity on the vendor system, for purposes of the agency's internal investigations and oversight. • The vendor shall not use audit trai l data fo r any purpose other than those specified and authorized in th is contract. • The vendor is to provide quarterly, or upon request, statistics based on positive hits agai nst the number of requested searches and hit list. • The audit logs specified in this statement of work are records under the Federal Records Act. The vendor shall mai ntain these records on behalf of ICE throughout the life of the contract, but for no more than seven (7) years. The vendor is not authorized to share these records, or the Alert List data, with any outside enti ties incl uding other law enforcement agencies. At the end of the contract, the vendor shall extract, transfer, and load these records (including any still-active Alert List data, if requested by ICE) to another storage medium or location specified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After successful transfer of these records, the vendor shall ensure all copies of the records (incl uding any stil l-active Alert List data) are securely deleted from all networks and storage media under its control or under the contro l of any of its agents or subcontractors. The vendor shall meet the fo llowing Key Performance Parameters (KPPs): 2018-I CLI-00035 313 1\1ctnc LPR Data Service l lnit of Mcasurc l\1immum Uptime - Unit of measure 100% > 99.0 Operating Schedu le 24/7/365 Scheduled downtime 99.0 Operating Schedule 24171365 Scheduled downtime 99.0% Validated User/Customer Complaints 100% Inspcction >99% Monitored monthly during the Transition In period. Contractor sel fmonitoring and Validated Use r/Customer Complaints 100% inspection Metrics will be reported in CPARS. Less than 5 seconds after submission 95% Monitored mo nthly during the life of the contract Contractor Selfmonitoring and Vali dated User/Customer Complaints 100% Inspection Metri cs wi ll be reported in CPARS. Performance Indicator 2018-ICLl -00035 317 4. METHODS OF QUALITY ASS URANCE (QA) SURYE ILLANCE Regardless of the surveil lance method, the COR shall always contact the Contractor's task manager or onsite representati ve when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the CO, shall be responsible for monitoring the Contractor' s performance in meeting a specific performance standardlAQL. Various methods exist to monitor performance. The COR wil l use the surveillance methods listed below in the administration of thi s QASP. a. PER IODIC INSPECTION • Schedul ed quarterly inspection of audit logs or as required b. V AUDATED USER/CUSTOMER COM PLAIN TS The Contractor is expected to establ ish and maintain professional communication between its employees and customers. The primary objective of thi s communication is customer satisfaction. Customer sati sfaction is the most significant external indi cator of the success and effectiveness of all services provided and can be measured through customer complaints. Perfonnanc e management drives the Contractor to be customer focused through initially and internal ly addressing customer complaints and invest igating the issues and/or problems but the customer always has the option of commun icating complaints to the COR, as opposed to the Contractor. Customer complaints, to be considered va lid, must be set forth clearly and in writing the detailed nature of the compla int, must be signed, and must be forwarded to the COR. Customer fee dback may also be obtained either from the resu lts of customer satisfaction surveys or from random customer complaints. • • • Review of identifi ed defic iencies and or complaints made by users of the services Investigate and validate Review of notification of report d iscrepancies c. 100% INSPECTION • • • • Review of LPR Data Service uptime Review of Scheduled Downtime Review Meantime Between Fail ure (MTB F) Review Overall Support Service Availab il ity d. Analysis of Contractor's progress report . The Contractor is req uired to provide a weekly progress report that will be used to communicate the Contractor's status in the Transition phase. e. Performance reporting. Survei llance results will be used as the basis for actions aga inst the Contractor Past Performance Report. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO's actions. 2018-ICLI-00035 318 5. DOCUMENTI NG PERFORMANCE Documentation must be accurate and thorough. Completeness, currency, and accuracy support both sati sfactory and unsatisfactory perfonnancc a. ACCEPTABLE PERFORMANCE The Government shall document positive performance. All positive performance should be documented by an email to the COR describing the outstanding perfonnance and why it is of value to the Government. This information shall become a part of the supporting documentation for the Contractor Performance Assessment Reporting System (CPARS) and the QASP b. UNACCEPTABLE PERFORMANCE When unacceptable pcrfonnancc occurs, the COR shall infonn the Contractor. This will be in writing unless circumstances necessitate verbal communication. in any case the COR shall document the discussion and place it in the COR file. When the COR determines formal wri tten communication is required, the COR shall prepare a Contract Di screpancy Report (CDR), and present it to the Contractor's representati ve. A CDR template is avai lable upon request to the Contracting Officer. The Contractor wi ll acknowledge recei pt of the CDR in writing. The CD R will spec ify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable perfomlance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to prese nt th is corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to detennine acceptability. Any CDRs will become a part of the supporting documentation for Past Performance. 6. FREQUENCY OF MEASUREMENT Wh ile the Contractor is fully expected to comply with all requirements in the PWS, the Government's assessment of Contractor performance will focus mainly on the objectives listed in the AQL column of the Performance Standards Summary Matrix. The COR wi ll monitor the Contractor's performance to ensure it meets the standards of the contract. Unacceptable perfonnance may result in the Contracting Officer taking any of the fo llowing actions: Require the Contractor to take necessary action to ensure that future perfonnance confonns to contract requirements, reduce the contract price to reflect the reduced value of the services, issue a Contract Discrepancy Report, or require the Contractor to re-pcrfonn the service. In addition, the Contractor 's performance will be recorded annually in the Contractor Perfonnance Assessment Report (CPAR). Signature - Contracting Officer's Representative Signature - Contracting Officer 2018-I CLI -00035 319 ATrACHMENT 3: TE RMS AND CON DI T IONS CUSTOM CO ADDED TERM S AN D CON DITIONS In the case ofa conflic t between the terms and conditions of the contractor's agreement and the terms and cond itions of this purchase order, all appl icable federa l statutes and regulations shall govern. 52.204-21 BASI C SAFEGUARDING OF COVE RED CONTRACTOR INFORMATION SYSTEM (JUN 2016) (a) Definitions. As used in this clause"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract informat ion. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or del iver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. " Information" means any commun ication or representation of knowledge such as fac ts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Securi ty Systems Instruction (CNSSI) 4009). " Information system" means a discrete set of information resources organized fo r the col lection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or control s that are prescri bed to protect info rmation systems. (b) Safeguarding requirements and procedures. (\) The Contractor shall apply the following basic safeguarding rcquircments and procedures to protect covered contractor infonnat ion systems. Requiremcnts and procedures fo r basic safeguarding of covered contractor informatio n systcms shall include, at a minimum, the following security controls: (i) Limit informa tion system access to authorized users, processes acting on bchalf of authorized users, or devices (including other information systems). (ii) Limit infonnation system access to the types of transact ions and funct ions that authorized users are pennilled (0 execute. (ii i) Verify and control/limit connections to and use of external informat ion systems. (iv) Control infonnation posted or processed on publ icly accessible information systems. (v) Identify information system users, processes acting on behal f of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowi ng access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Infonnation before d isposal or release for reuse. (viii) Limit physical access to organizational infonnation systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases arc available. 2018-ICLI-00035 320 (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguardi ng requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including th is paragraph (c), in subcontracts under this contract (including subcontracts fo r the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its info rmation system. 52.209-07 INFORMATION REGARDING RESPONS IBILITY MATTERS (JUL 2013) (a) Defi nitions. As used in this provision. "Admini strative proceeding" means a no n-judicial process that is adjudicatory in nature in order to make a detem1ination of fault or liabi lity (e.g., Securities and Exchange Commission Administrative Proceedings, Civi lian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State leve l but only in connection with performance of a Federal contract or grant. It does not include agency actions suc h as contract audits, site visits, corrective plans, or inspection of deliverables. " Fcderal contracts and grants with total value greater than $ 10,000,000" means. (I) The total value of al l current, active contracts and grants, including all priced options; and (2) (2) Thc total value ofa l! currcnt, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). " Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibi lities within a business ent ity (e.g., general manager; plant manager; head ofa division or business segment; and similar positions). (b) The offeror [1 has [ ] does not have current active Federal contracts and grants with total value greater than S I 0,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (F APII S) is current, accurate, and comp lete as of the date of submission of this offer with regard to the fo llowing information: (1) Whether the offeror, and/or any of its principals, has o r has not, within the last fi ve years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a fi nding of fault and liabil ity that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more. (ii i) In an administrative proceeding, a findi ng of fault and liabi lity that rcsu lts in. (A) The payment of a monetary fine or penalty of$5 ,000 or more; or (B) The payment ofa reimbursemcnt, rcstitution, or damages in exccss ofS 100,000. (iv) In a criminal, civil, or administrative procecd ing, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor ifthc proeecding could have led to any of the outcomes specified in paragraphs (c)( I lei), (c)( I )(ii), or (c)( I )(iii) of this provision. 2018-ICLI-00035 321 (2) [fthe offeror has been involved in the last five years in any of the occurrences listed in (c)(I) of this provision, whether the offeror has provided the requested infonnation with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)( I)(i) through (c)(I)(iv) of this provision in FAPllS as required through maintaining an active registration in the System for Award Management database via https:llwww.acquisi tion.gov(see52.204-7). S2.212-IINSTRUCTIONS TO OFFERORS. COMMERCIAL IT EMS (J AN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisi tion appear in Block [0 of the sol icitation cover sheet (Sf. [449). However, the small business size standard for a concern which submi ts an offer in its own name, but which proposes to furnish an item which it did not itse[fmanufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF [449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show. ([) The sol icitation number; (2) The time specified in the solicitation fo r receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A tcchnical dcscription ofthc itcms bci ng offcrcd in sufficient detail 10 cva[uatc comp[iancc with thc requircments in thc solicitation. This may include productl itcrature, or other documents, if necessary; (5) Tern1s of any express warranty; (6) Price and any discount terms; (7) " Rcmit to" address, if different than mai ling address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete e lectronically); (9) Acknowledgment ofSo[ici tation Amendments; ([ 0) Past performance information, when included as an evaluation fac tor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (II) Irthe offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the tenns and conditions of the sol icitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer finn for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the sol icitation. (d) Product samples. When required by the sol icitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in Ihis solicitation, these samples shall be submitted at no 2018-ICLI-00035 322 expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward test ing. (e) Multiple offers. Offerors are encouraged to submit mUltiple offers presenting alternative terms and condit ions, including alternative line items (provided that the alternat ive line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitat ion. Each offer submitted will be evaluated separately. (t) Late submissions, modifications, revisions, and withdrawals of offers. (I) Offerors arc responsible for submining offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time speci fi ed in the sol icitation. lfno time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and. (A) lfit was transmitted through an cleetronic commerce method authorized by the sol icitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (8) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this sol icitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to estab lish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, othcr documentary evidence ofreceipt maintai ned by the installation, or oral testimony or statements of Government personnel. (4) If an cmergeney or unanticipated event intelTUpts normal Govcrnment processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the so licitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the firs t work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral so licitations may be withdrawn orally. If the sol icitation authorizes facs imile offers, offers may be withdrawn via facsimile received at any time before the exact time set fo r receipt of offers, subject to the conditions specified in the sol icitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is establ ished and the person signs a receipt for the offer. (g) Contract award (not applicable to Invi tation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct di scussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such 2018-ICLI-00035 323 action is in the public interest; accept other than the lowest offer; and waive informali ties and minor irregularit ies in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qual ifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right 10 make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availabi lity of requirements documents cited in the sol icitation. (I)(i) Thc GSA Indcx of Fcderal Spccifieations, Standards and Commercialltcm Descriptions, FPMR Part 101-29, and copics of spccifications, standards, and commcrcial itcm descriptions cited in this solicitation may be obtaincd for a fee by submitting a request to. GSA Fcderal Supply Scrvicc Spccifieations Sect ion Suitc 8100 470 East L' Enfant Plaza, SW Washington, DC 20407 Telephonc (202) 619-8925 Facsimile (202) 6 19-8978. (ii) Ifthc Gcncral Serviccs Administration, Dcpartmcnt of Agriculturc, or Departmcnt ofYctcrans Affairs issucd this sol icitation, a single copy of spccifieations, standards, and commercial item descri ptions citcd in this solicitat ion may be obtaincd free of charge by submitting a request to the addressec in paragraph (i)(1 lei) of this provision. Additional copies will bc issucd fo r a fcc. (2) Most unclassified Defense specifications and standards may be downloadcd from the fo llowing ASSIST wcbsites: (i) ASSIST (https:llassist.dla.mil/online/startJ). (ii) Quick Search (http;llguieksearch.dla.mi ID. (ii i) ASS1STdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by. (i) Using the ASSIST Shopping Wizard (https:llassist.dla.millwizardlindex.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (ii i) Ordering from DoDSSP, Building 4, Section 0 , 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their prcparation, publication, or mai ntenance. U) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of$3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" 2018-ICLI-00035 324 followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (E FT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying al ternative EFT accounts (see subpart 32 . 11) for the same entity. If the Offeror does not have a un ique enti ty identifier, it should contact the enti ty designated at www.sam.gov fo r unique entity identifier establishment directl y to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the enti ty designated at www.sam.gov for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, duri ng performance and through final payment of any contract resulting from this sol icitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracti ng Officer wi ll proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through hllps://www.acquisition.gov. (I) Debriefin g. If a post-award debriefing is given to requesting offerors, the Government shall diselose the following information, if applicable: (I) The agency's evaluation of the significant weak or deficient fac tors in the debriefed offeror' s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commcrcial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable respo nses to relevant quest ions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, appl icable regulations, and other applicable authorities were fo llowed by the agency. (End of provision) S2.212-2EVAL.. UA TION. COMMERCIAL.. ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: I. Technical Approach II. Past Perfonnance II I. Price Technical and past performance , when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option 2018-ICLI-00035 325 prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A writtcn noticc of award or acceptance of an offer, mailed or otherwise furnishcd to the succcssful offcror within the time for acceptance specified in the offer, shall result in a binding contract without fu rther action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 (NOV 2017) OFFEROR REPRESENTATIONS AND CERTIFICATIONS. COMMERCIAL ITEMS The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electron ically via the System fo r Award Management (SAM) website located at kb}(7)(E) I If the Offcror has not completed the annual represcntations and ccrtificatio ns electronically, thc Offeror shall completc only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision. "Econom ically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which arc controlled by, onc or morc womcn who arc citizcns ofthc Unitcd Statcs and who arc economically disadvantaged in accordance with 13 CFR part 127. It automatically quali fies as a women-owned small business eligible under the WOSB Program. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or morc cntitics that control an immcdiate owner of tile offeror. No entity owns or exercises control of the highest level owner. " Immediate owner" means an entity, other than the offeror, that has di rect control of the offeror. Indicators of control include, but are not limited to, one or more of the fo llowing: ownership or interlock ing management, idcntity of intcrests among family mcmbers, shared fac ilitics and cquipment, and the common usc of cmployees. " Inverted domestic corporation", means a fore ign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(bl, appl ied in accordance with the rules and definitions of6 U.S.c. 39S(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except. (I) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Ani mals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Gradcs of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricul tural and Forestry Products; (8) PSC 96 10, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. " Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the fi nished product that is to be provided to the Government. If a product is disassembled and reassembled, the place ofreasscmbly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mi neral extraction activities, o il-related activities, or the production of mi litary equipment, as those terms are defined in the Sudan Accountability and Divestment Act of2007 (Pub. L. 110-174). Restricted business operations 2018-ICLI -00035 326 do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Di vestment Act of2007) conducting the business can demonstrate. (\) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Arc conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providi ng goods or services to marginalized populations of Sudan; (4) Consist of providi ng goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education ; or (6) Have been voluntarily suspended. "'Sensitive technology". (\) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically. (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Docs not include information or inforn1ational materials the export of which the President docs not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 V.S.C. l702(b)(3». "Service-disabled veteran-owned small business concern". (\) Means a small business concern. (i) Not less than 5 1 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 5 1 percent of the stock of which is owned by one or more servicedisabled veterans; and (ii) The management and dai ly business operations of which are controlled by one or more service-disabled veterans or, in the case ofa service-disabled veteran with permanent and severe disabi lity, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 V.S.c. 101(2), with a disability that is servieeconnected, as defined in 38 V.S.c. 101( 16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the ficld of operation in which il is bidding on Government contracts, and qualificd as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that. (\) [s at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by. (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exc lusions set forth at 13 CFR 124. 104(c)(2); and (2) The management and dai ly business operations of which arc controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (I lei) and (ii) of this defin ition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned. (1) Directly by a parent corporation; or (2) Through anothcr subsidiary ofa parent corporation. "Veteran-owned sma ll business concern" means a small business concern. 2018-ICLI-00035 327 (i) Not less than 5i percent of which is owned by one or more veterans (as defined at 38 U.S.c. iO 1(2» or, in the case of any publicly owned business, not less than 5i percent of the stock of which is owned by one or more veterans; and (2) The management and daiiy business operations of which arc controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that oniy changes its name. The extent of the responsibility of the successor fo r the iiabii ities of the predecessor may vary, depending on State iaw and specific circumstances. "Women-owned business concern" means a concern which is at least 5i percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small busi ness concern" means a small business concern. (i) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern el igible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(I) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically changc the rcpresentations and cert ifications posted on the SAM website. (2) The offeror has completed the annual representat ions and certifications electronically via the SAM website accessed through http://www.acquisition.gov.AfterreviewingtheSAM database information, the offeror verifies by submission of this offcr that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications.Commerciall!ems, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NA ICS code referenced for this solici tation), as of the date of thi s offer and are incorporated in this offer by rcfcrence (sec FAR 4.120 1), except for paragraphs _ _ _ _ _---, (Offeror to identify the appl icable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of th is solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accuratc, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be perfornled in the United States or its outlying areas. Check all that apply. (i) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (e)(l) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disab led veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only irthe offeror represented itsc1fas a sma ll busi ness concern in paragraph (c)(I) of this provision.] The offeror represents, that it 0 is, 0 is not a small disadvantaged business concern as defined in 13 CF R J 24.1002. 2018-ICLI-00035 328 (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(I) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. (6) WOSB conccrn eligible under thc WOSB Program. [Complete only ifthc offcror rcprescntcd itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represenls that. (i) It 0 iS,D is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its el igibility; and (ii) It 0 is, 0 is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of thi s provision is accurate for each WOSB concern eli gible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern el igible under the WOSB Program and other small busi nesses that are participating in the joint venture: .] Each WOSB concern el igible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itse lf as a WOSB concern e ligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that. (i) It 0 is, 0 is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibi lity; and (ii) It 0 is, 0 is not ajoint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is aecurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that .] Each EDWOSB concern participating in the joint venture shall are participating in the joint venture: submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expectcd to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete on ly if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)( 1) of thi s provision.] The offcror represents that it 0 is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, smal1 business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract priee: __________- : _ - - - - _ : _ (\0) HUBlone small business concern. [Complete only if the offeror represenled itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents, as part of its offer, that. (i) It 0 is, 0 is not a HUBlone small business concern listed, on the date of this representation, on the List of Qualified HUBlone Sma ll Business Concerns maintained by the Small Business Administration, and no material changes in ownership and cOnlrol, principal office, or HUBlone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It 0 is, 0 is not a HUBlone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(IO)(i) of this provision is accurate for each HUBlone small business concern participating in the HUBlone joint venture. [The offeror shall enter the names of each of the HUBlone small business concerns participat ing in the HUBlone joinl venlure: .] Each HUBlone small business concern participating in the HUBlone joint venture shall submit a separate signed copy of the HUBlone representation. (d) Representations required to implement provisions of Executive Order 11246. (\) Previous contracts and compliance. The offeror represents that. 2018-ICLI-00035 329 (i) It 0 has, 0 has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) [t 0 has, 0 has not filed all required compliance reports. (2) Affirmative Action Compliance. The offcror rcprcscnts that. (i) It 0 has developed and has on file, 0 has not developed and does not have on file, at each establishment, affi rmative action programs required by rules and regulations of the Secretary of Labor (4 [ cfr parts 60- [ and 60-2), 0' (ii) [t 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.c. 1352). (Appl ies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federa[ appropriated funds have been paid or wi ll be paid to any pcrson for infl ucncing or attempting to in !1uence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on hi s or her behalf in connection with the award of any resultant contract. [f any registrants under the Lobbying Di sclosure Act of [995 have made a lobbyi ng contact on bchalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMS Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom paymems of reasonable compensation were made. (f) Suy American Certificate. (Applies only if the clause at Federa[ Acquisition Regulation (FAR) 52.225- 1, Buy American.Supplies, is included in this sol icitation.) (I) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unk nown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as fo reign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially availab[e off-the-she lf(COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" arc defincd in the clause of this solicitation entilled " Buy American. Supplies." (2) Foreign End Products: Line Item No. Country of Origin [List as necessary] (3) The Government will evaluate offcrs in aecordance with the polieies and procedures of FAR Part 25. (g)( [) Buy American. Free Trade Agreements. Israel i Trade Act Cert ificate . (Appl ies only if the clause al FAR 52.225-3, Buy American. Free Trade Agreements. Israeli Trade Act, is included in th is solici tation.) (i) The offcror certifies that each end product, except those listed in paragraph (g)( 1)(ii) or (g)( 1)(iii) of this provision, is a domestic end produet and that for other than COTS items, the offeror has considered componcnts of unknown origin to have been mined, produced, or manufactured outside the United States. The terms " Bahrainian, Moroccan, Oman i, Panamanian, or Peruvian end product," " commercially available off-the-shelf(COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," 2018-ICLI-00035 330 "Free Trade Agreement country end product," " Israeli end product," and "United States" are defined in the clause of thi s sol icitation entitled " Buy American. Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian cnd products) or Israeli end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. lsrael i Trade Act'": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani , Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (ii i) The offeror shall list those suppl ies that are fore ign end products (other than those listed in paragraph (g)( I)(i i) of this provision) as defined in the clause of this solicitation entitled " Buy American.Free Trade Agreements.lsraeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qua lify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 . (2) Buy American. Free Trade Agreemcnts. Israeli Tradc Act Certificate, Alternatc I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, subst itute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. Israel i Trade Act" : Canadian End Products: Line Item No. [List as necessary] (3) Buy American.Free Trade Agreemellts.Israeli Trade Act Certificate, Alternate [I. If Alternate II to the clause at FAR 52.225-3 is incl uded in this solicitation, substitute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: 2018-ICLI-00035 331 (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American.Free Trade Agreements. lsraeli Trade Act"; Canadian or Israeli End Products; Line Item No. Country of Origin [List as necessary] (4) Buy American.Free Trade Agreements.Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the followi ng paragraph (g)( I )(ii) for paragraph (g)( I)(i i) of the basic provision; (g)( I )(i i) The offeror cert ifies that thc fo llowing supplies arc Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act"; Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in th is so licitation.) (i) The offeror ccrtifies that each end product, exccpt those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solic itation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that arc not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin [List as necessary] (ii i) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offcrs of U.S.-made or designated country end products wi thout regard to the restrictions of the Buy American statute. The Government will consider for 2018-ICLI-00035 332 award only offers of U.S.-made or designated country end products unless the Contracting Officer detennines that there are no offers for such products or that the offers for such products are insuffic ient to fulfill the requirements of the so licitation. (h) Certification Rcgardi ng Responsibi lity Mattcrs (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror cert ifies, to the best of its knowledge and belief, that the offeror and/or any of its principals. (I) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ineli gible fo r the award of contracts by any Federal agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtai ning, attempting to obtain, or performing a Federal , state or local governmcnt contract or subcontract; violation of Federal or state antitrust statutes relati ng to the submission of offcrs; or commission of embezzlement, theft, forgery , bribery, fa lsification or destruction of records, making fa lse statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, comm ission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 '·Iave, 0 have not, within a three-year period preceding this offer, bcen notified of any del inquent Federal laxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered del inquent ifboth of the fo llowing criteria apply: (A) The tax liability is fina lly dctcrmined. The liabil ity is finally determi ned ifi t has been assessed. A liability is not finally dctcrmined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finall y determined unti l all judicial appeal rights have been exhausted. (9) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liabi lity when full payment was due and required. A taxpayer is not del inquent in cases where enforced collection action is prccluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax defic iency. This is not a delinquent tax because it is not a final tax liabi lity . Should the taxpayer seek Tax Court review, th is wi ll not be a final tax liabi lity until the taxpayer has exercised all judicial appeal rights. (9) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liabi lity, and the taxpayer has been issued a notice under I.R.C. §6320 entitl ing the taxpayer to request a hearing with the IRS Office of Appeals contcsting the lien fi ling, and to further appeal to the Tax Court if the IRS dctcrmi nes to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportuni ty to contest the liabi lity. Thi s is not a delinquent tax because it is not a final tax liabi lity. Should the taxpayer seek tax court review, this wi ll not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant 10 I. R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make fu ll payment. (D) The taxpayer has fil ed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under II U.s.c. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)( I) any end products being acquired under this solicitati on that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Chi ld Labor, unless excluded at.J (I) Listed end products. 2018-I CLI -00035 333 Listed End Product Listed Countries or Origin (2) Certification. (If the Contract ing Officer has identified end products and countries of origin in paragraph (i)( 1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(i i) by checking the appropriate block.] o (i) The offeror will not supply any end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in thc corresponding country as listed for that product. o (i i) The offeror may supply an end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured chi ld labor was used to mine, produce, or manufacture any such end product furn ished under this contract. On the basis of those efforts, the offcror certifies that it is not aware of any such use of child labor. (i) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisi tion of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture ofthc end products it expects to provide in response to this solicitation is prcdominantly. (\) 0 In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regarding exemptions from thc application of the Scrvice Contract Labor Standards (Certification by the offeror as to its compl iance with respect to the contract also constilUtes its certificat ion as to compl iance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)( \) or (k)(2) appl ies. J 0 (\) Maintcnance, cal ibration, or rcpair of certain cquipment as deseribcd in FAR 22.\003-4(c)(\). The offeror 0 does 0 does not certify that. (i) The items of equipment to be serviced under this contract are used regularly for other than Govcrnmental purposes and arc sold or tradcd by the offeror (or subcontractor in thc casc of an cxempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furn ished at prices which are, or are based on, established catalog or market prices (see FAR 22 .1003-4(c)(2)(ii» for the maintenance, cal ibration, or repair of suc h equipment; and (ii i) Thc compensation (wage and fri nge benefits) plan for all service employecs pcrforming work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. o (2) Certain services as described in FAR 22.1003-4(d)( \). The offeror 0 does 0 does not certify that. (i) The services undcr the contract arc offered and sold rcgularly to non-Governmental customers, and arc provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services wi ll be furnis hed at prices that are, or are based on, establ ished catalog or market prices (sec FAR 22 .1003-4(d)(2)(iii»; (ii i) Each service employee who wi ll perform the services under the contract will spend only a small portion of his or her time (a month ly average of less than 20 percent of the avai lable hours on an annuali zed basis, or less than 20 percent of available hours duri ng the contract period if the contract period is less than a month) servicing the Govcrnmcnt contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees perform ing work under the contract is the same as that used fo r these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)( I) or (k)(2) of this c lause applies. 2018-ICLI-00035 334 (i) If the offeror does not certify to the condit ions in paragraph (k)( I) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the sol icitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)( I) or (k)(2) of this clause or to contact the Contract ing Officer as required in paragraph (k)(3)(i) of this clause. (1) Taxpayer Identification Number (TIN) (26 U.S.c. 6109.31 U.S.c. 7701). (Not applicable if the offeror is required to provide this infom1atio n to the SAM database to be eligible for award.) (I) All offerors must submit the informat ion required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requirements of31 U.S.C. 7701 (c) and 3325(d), reporting requirements of26 U.S.c. 6041, 6041 A. and 605 OM, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any del inquent amounts arising out of the offeror's relat ionship with the Government (31 U.S.c. 770 l(c )(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (T IN). D TIN: __~__~~~____________ o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or fore ign partnership that docs not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organizat ion. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CF R 1.6049-4; o Other _ _ _ _ _ _ _ _ _ _ _ _ __ (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________ TI N :-c---,-------,------,-,-----,---,-. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracti ng with Inverted Domestic Corporations. (I) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts wi th either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9. IOS-2(b) applies orthe requirement is waived in accordance with the procedures at 9. IOS-4. (2) Representation. The Offeror represents that. (i) It 0 is, 0 is not an inverted domestic corporation; and (ii) [t 0 is, 0 is not a subsidiary of an inverted domestic corporation. 2018-ICLI-00035 335 (0) Prohibition on contract ing with entities engaging in certain activities or transact ions relat ing to Iran . (I) The offeror shal l e-mail questions concerning sensitive technology to the Department of State at CISA DA 106@state.gov. (2) Representation and Certifications. Unless a waiver is grantcd or an exception applies as providcd in paragraph (0)(3) of this provision, by submission of its offer, the offeror. (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or indi viduals owned or contro lled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activi ties for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds 53,500 with [ran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.c. 1701 et seq.) (see OFAC' s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofae/downloadsftllsdn.pdO. (3) The representation and certificat ion requirements of paragraph (0)(2) of this provision do not apply if. (i) This solicitation includes a trade agreements certification (e.g., 52 .212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be suppl ied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all sol icitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solici tation. (1) The Offeror represents that it 0 has or 0 does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision fo r each participant in the joint venture. (2) [f the Offeror indicates "has" in paragraph (p)( I) of this provision, enter the following information: Immediate owner CAGE code: __________ Immediate owner legal name: __________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: 0 Yes or 0 No. (3) [fthe Offeror indicates ""yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following informa tion: Highest-level owner CAGE code: _________ Highest-level owner legal name: _________ (Do not usc a "'doing business as" name) (q) Representation by Corporations Regarding Del inquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Di vision E of the Consolidated and Further Continuing Appropriations Act, 20 IS (Pub. L. I 13-235), and simi lar provisions, if contained in subsequent appropriations acts, The Government wi ll not enter into a contract with any corporation that. (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liabi lity, where the awarding agency is aware of the unpaid tax liabi lity, unless an agency has considered suspension or debarment of the corporation and made a detern1ination that sllspension or debarment is not necessary to protect the interests of the Government; or 2018-ICLI-00035 336 (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debannent of the corporation and made a determination that this action is not necessary to protect the interests of the Govern ment. (2) The Offeror represents that. (i) 11 is 0 is not 0 a corporat ion that has any unpaid Federal tax liability that has been assessed, for which all judicial and admini strative 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 liabi lity; and (ii) It is 0 is not 0 a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204- 16, Commercial and Government Entity Code Reporting.) (1) The Offcror represents that it 0 is or 0 is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(l) of this provision, enter the followi ng information for all predecessors that held a Federal contract or grant withi n the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: - - (or mark "Unknown") Predecessor legal name: ____________ (Do not use a "doing business as" name) (s) [Rescrved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduct ion Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1 (k». (I) This representation shall be completed if the Offeror received $7.5 mill ion or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 mi llion in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itse lf or through its immediate owner or highest-leve l owner) 0 does, 0 does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results ofa greenhouse gas inventory, performed in accordance with an accounting standard with publicly avai lable and consistent ly applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest- level owner) 0 does, 0 does not publ icly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publiely accessible website a target 10 reduce absolute emissions or emissions intensity by a specific quantity or percentage. (ii i) A publicly accessible website includes the Offeror's own website or a recogni zed, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked "docs" in paragraphs (t)(2)(i) or (t)(2)(i i) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals arc reported: _ _ _-,--_ _-,--_ (u)( l) In accordance with section 743 of Division E, Title VII , of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. I 13-235) and its successor provisions in subsequent appropriations acts (and as extended in continui ng resol utions), Government agencies arc not permitted to usc appropriated (or otherwise made avai lable) funds fo r contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud , or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2018-ICLI-00035 337 (2) The prohibition in paragraph (u)(\) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Informati on Nondisclosure Agreement), Form 4414 (Sensiti ve Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nond isclosure of classi fi ed information. (3) Representation. By submission of its offer, the Offeror represents that it wi ll not require its employees or subcontractors to sign or comply wi th internal confidentiality agreements or statements prohibi ting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance ofa Government contract to a designated investigative or law enforcement representative ofa Federal department or agency authorized to receive such infonnat ion (e.g. , agency Office of the Inspector General). FAR 52.212-4CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) This clause is incorporated by reference. The full text of the clause is available at; hllps://www.acquisition.govIFARJ. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEM ENT STATUTES OR EXECUTIVE ORDERS - COMMECIAL ITEMS (NOV 2017) (a) The Contractor shall comp ly with the fo llowing Federal Acquisition Regulation (FA R) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders appl icable to acquisitions of commercial items: [ZJ 52.203- 19 Prohibit ion on Requiring Certain Internal Confident iality Agreements or Statements (JAN 2017) [ZJ 52.209- 10 Prohibition on Contracting with Inverted Domestic Corporations (NOY 2015) [ZJ 52.233-3 Protest After Award (AUG 1996) [ZJ 52.233-4 Appl icable Law fo r Breach of Contract Claim (OCT 2004) (b) The Contractor shall comply with the FAR clauses in thi s paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executi ve orders applicable to acquisitions of commercial items: D 52.203-6 Restrict ions on Subcontractor Sales to the Government (SEPT 2006) o Alternate I (OCT 1995) [ZJ 52.203- 13 Contractor Code of Business Eth ics and Conduct (OCT 2015) D 52.203- 15 Whistlcblower Protections under the American Recovery and Rei nvestment Act of2009 (JUNE 2010) [ZJ 52.204- 10 Reporting Execut ive Compensation and First-Tier Subcontract Awards (OCT 2016) D (Reserved] [ZJ 52.204- 14 Service Contract Reporting Requirements (OCT 2016) D 52.204- 15 Service Contract Reporting Requirements for Indefinite-Del ivery Contracts (OCT 2016) 2018-ICLI-00035 338 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debannent (OCT 2015) D 52.209-9 Updates of Publicly Available Informat ion Regard ing Responsibil ity Matters (JUL 2013) D (Reserved] D 52.219-3 Notice of Total HUBZone Set-Aside (NaY 20 II) D D Alternate I (NaY 2011) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) D Alternate I (JAN 20 II) D (Reserved] D 52.219-6 Notice of Total Small Business Set-Aside (NaY 20 II) D o Alternate I (NaY 2011) D Alternate II (NaY 2011) 52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003) D Alternate I (OCT 1995) D Alternate II (MA R 2004) C8J 52.219-8 Utilization of Small Business Concerns (NaY 2016) o 52.219-9 Smal l Business Subcontracting Plan (JAN 2017) 0 Alternate I (NaY 2016) 0 Alternate II (NaY 2016) 0 Alternate III (NaY 2016) 0 Alternate IY (NaY 2016) D 52.219- 13 Notice ofSel-Aside of Orders (NaY 2011) C8J 52.219- 14 Limitations on Subcontracting (JAN 2017) D 52.219- 16 Liquidatcd Damages - Subcontracting Plan (JAN 1999) D 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NaY 2011) C8J 52.219-28 Post A ward Small Business Program Rerepresentalion (JUL 2013) o 52.219-29 Notice ofSel-Aside for, or Sole Source Award 10, Economically Disadvantaged Women-Owned Small Busi ness Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) 2018-I CLI-00035 339 D 52.219-30 Noticc ofSct-Asidc for, or Solc Sourcc Award to, Women-Owned Small Busincss Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) C8J 52.222-3 Convict Labor (JUN 2003) C8J 52.222- 19 Child Labor - Cooperation with Authorities and Remedies (OCT 2016) C8J 52.222-21 Prohibit ion of Segregated Facilit ies (APR 2015) C8J 52.222-26 Equal Opportunity (SEPT 2016) C8J 52.222-35 Equal Opportunity for Veterans (OCT 2015) C8J 52.222-36 Equal Opportunity for Workers with Di sabilit ies (JU L 201 4) C8J 52.222-37 Employment Reports on Veterans (FEB 2016) C8J 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 20 I0) D 52.222-50 Combating Trafficking in Pcrsons (MAR 2015) D Alternate 1 (MAR 20 15) C8J 52.222-54 Employment Eligibility Verificat ion (OCT 2015) D 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MA Y 2008) D Alternate I (MAY 2008) D 52.223- 11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) D 52.223- 12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Ai r Conditioners (JUN 20 16) D 52.223- 13 Acquisition of EPEAT®- Registered Imaging Equipment (JUNE 2014) D D Alternate I (OCT 2015) 52.223- 14 Acquisi tion of EPEAT®-Rcgistcred Televisions (JUNE 2014) D Alternate 1 (JUNE 2014) D 52.223- 15 Energy Efficiency in Energy-Consuming Products (DEC 2007) D 52.223- 16 Acquisition of EPEAT®- Registered Personal Computer Products (OCT 2015) D Alternate I (JUNE 2014) C8J 52.223- 18 Encouraging Contractor Policies to Ban Tcxt Mcssaging While Driving (AUG 20 11) D 52.223-20 Aerosols (J UN 2016) D 52.223-21 Foams (JUN 20 16) 2018-ICLI-00035 340 52.224-3 Pri vacy Training (JAN 2017) D Alternate I (JAN 2017) D 52.225- 1 Buy American - Suppl ies (MAY 20 14) o 52.225-3 Buy American - Free Trade Agreements-Israel i Trade Act (MAY 2014) D Alternate I (MA Y 2014) D Alternate II (MAY 2014) o Alternate JJJ (MAY 2014) [ZJ 52.225-5 Trade Agreements (OCT 2016) [ZJ 52.225- 13 Restrictions on Certain Foreign Purchases (JUN 2008) o 52.225-26 Contractors Perfonning Pri vate Securi ty Functions Outside the United States (OCT D 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) D 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) D 52.232-29 Tenns for Financing ofrurchases of Commercial Items (FE B 2002) D 52.232-30 Installment Payments for Commercial1tems (JAN 2017) [ZJ 52.232-33 Payment by Electronic Funds Transfcr-System for Award Management (J UL 2013) D 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 20 13) o 52.232-36 Paymcnt by Third Party (MA Y 20 14) D 52.239- 1 Privacy or Security Safeguards (AUG 1996) D 52.242-5 Payments to Small Business Subcontractors (JAN 201 7) D 52.247-64 Preference for Private ly Owned U.S.-Flag Commercial Vessels (FE B 2006) D 2016) Alternate I (AP R 2003) (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 thi s contract by reference to impl ement provisions of law o r Executive orders app licable to acquisitions of commercial items: D 52.222- 17 Nondisplacement of Qualified Workers (MAY 2014) D 52.222-4 1 Service Contract Labor Standards (MAY 201 4) D 52.222-42 Statement of Equivalent Rates for Federal Hires (MA Y 201 4) D 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (MUltiple Year and Option Contracts) (MA Y 201 4) 2018-ICLI-00035 341 D 52.222-44 Fair Labor Standards Act and Scrvice Contract Act- Pricc Adjustment (MA Y 20 14) D 52.222-5 1 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Maintcnance, Calibration, or Rcpair of Certain Equipmcnt- Rcquircments (MAY 2014) D 52.222-53 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) D 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) [ZJ 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) D 52.226-6 Promoting Exccss Food Donation to Nonprofit Organizations (MAY 2014) D 52.237- 11 Accepti ng and Di spensing of$l Coi n (SEPT 2008) (d) Compfroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if thi s contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and docs 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 evidencc for examination, audit, or reproduction, unti 13 years after fi nal payment under th is contract or for any shortcr pcriod spccified in FAR Subpart 4.7, Contractor Records Rctcntion, of thc othcr clauscs of this contract. If this contract is completely or partially tenninated, the records relating to the work terminated shall be made avai lable for 3 years after any resulting fina l termination settlement. Records relating to appeals under the disputes clausc or to litigation or the settlement of claims arising under or relating to this contract shall be made available unt il such appeals, litigation, or claims arc finally rcsolvcd. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and rcgardless of form. This does not rcquire the Contractor to create or maintain any record that thc Contractor docs not maintain in the ordinary coursc ofbusincss or pursuant to a provision of law. (e)( l) 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 commcrcial items. Unless otherwise indicated bclow, thc cxtcnt of the flow down shall bc as rcquircd by the clause52.203- 13, Contractor Code of Business Ethics and Conduct (Oct 20 15) (41 U.S.c. 3509). (ii) 52.203-19, Prohibition on Requiring Ccrtain lntcrnal Confidcntial ity Agrecments or Statements (Jan 2017) (section 743 of Di vision E, Tit le VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235) and its successor provisions in subsequent appropriations acts (and as extendcd in continuing resolutions». (iii) 52.219-8, Utilization of Small Business Conccrns (Nov 20 16) (15 U.S.c. 637(d)(2) and (3», in all subcontracts that oITer furthe r subcontracting opportunities. If the subcontract (except subcontracts to small business (i) 2018-ICLI-00035 342 concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222·17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) ofF AR clause 52.222-17. (v) 52.222·21 , Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222·26, Equal Opportuni ty (Sept 2016) (E.O. 11246). (vii) 52.222·35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.c. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Di sabilities (JuI 2014) (29 U.S.c. 793). (ix) 52.222·37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222·41, Service Contract Labor Standards (May 2014) (41 U.S.c. chapter 67). (xii) _XJA) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.c. chapter 78 and E.O 13627). ~(B) Alternate I (Mar 2015) of52.222-50 (22 U.S.c. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Scrvice Contract Labor Standards to Contracts fo r Maintenance, Calibration, or Repair ofCeTiain Equipment-Requirements (May 20 14) (41 U.S.C. chapter 67). (xiv) 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). (xv) 52.222-54, Employment Eligibility Vcrification (Oct 2015). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 20 15). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13 706 (JAN 20 17) (E.O. 13706). (xx) (A) 52.224-3 , Privacy Training (JAN 2017) (5U.S.C. 552a). (B) Alternate I (JAN 2017) of52.224-3. (xxi) 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). (xx ii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 20 14) (42 U.S.c. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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 52.24764. (2) Whi le not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. FAR 52.217-8 OPTION TO EXTEN D SERVICES The Government may require continued performance of any services wi thin 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 ofperformance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. (End of clause) 2018-ICLI-00035 343 FAR 52.217-9 OPTION TO E XTEN D TH E TERM OF THE CO NTRACT (a) The Government may extend the term of this contract by wrinen notice to the Contractor within 15 days ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) FAR 52.252-2 C LA USES I.NCORPORATED BY REFERE NCE (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 fu ll text available. Also, the full text of a c lause may be accessed electronically at this address: https:l/www.acgui sition.gov/FARI. FAR 52.232-39 UNENI-' ORCEABIUTY OF UNAUTHOR IZED OBUGATIO NS (JUNE 2013) This clause is incorporated by reference. The full text of the clause is available at: hUps://www.acquisition.govIFARI. 52.232-40 PROVIDING AC CE LERATED PAYMENTS TO SMALL. BUSINESS FAR SUBCONTRACTORS (DEC 2013) This clause is incorporated by reference. The full text of the clause is available at: hnps://www.acquisition.govIFARI. FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVE RTED DOMESTIC CORPORATIONS (NOV 2015) (a) Definitions. As used in this clause" Inverled domestic corporation" means a fo reign incorporated entity that meets the definit ion of an inverted domestic corporation under 6 U.S.C. 395(b), appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned(I) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorgan izes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period ofperfonnance of th is contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fai ls to perform in accordance with the terms and condi tions of the contract as a result of Government action under th is clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes e ither an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer wi thin five business days from the date of the inversion event. FAR 52.237-2 PROTECTION O F GOVERNM ENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984) 2018-ICLI-00035 344 The Contractor shall use reasonable care to avoid damaging existing bui ldings, equipment, and vegetation on the Government installation. If the Contractor's fa ilure 10 use reasonable care causes damage 10 any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. HSAR 3052.209-70 2006) PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause : Expanded Affiliated Croup means an affil iated group as defined in section I 504(a) of the Internal Revenue Code of 1986 (without regard 10 section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substitut ing 'more than 50 percent' fo r 'at least 80 percent' each place it appears. Foreign Incorporated Emily means any ent ity which is, or but fo r subsection (b) of section 835 of tile Homeland Security Act, 6 V.S.c. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Illverted Domestic C0/"fJOratioll. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related Iransact ions)- (I) The entity completes the direct or indi rect acquisition of substantially all of the properties held directly or indi rectly by a domestic corporation or substantia lly all of the properties constiluting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the enti ty is held(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of hold ing stock in the domestic corporalion; or (ii) [n the case of an acquisition with respect to a domestic partnership, by former partners of the domest ic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantia l business activities in the fore ign country in which or under the law of whic h the entity is created or organized when compared to the total business activities of such expanded affi liated group. 2018-ICLI-00035 345 Persoll. domestic. alldforeig" have the meanings given such terms by paragraphs (I), (4), and (5) of section 7701 (a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a fore ign incorporated entity should be treated as an inverted domest ic corporat ion. (I) Certain stock disregarded. For the purpose of treating a forcign incorporated entity as an inverted domestic corporat ion these shall not be taken into account in detennining ownership: (i) Stock held by members of the expanded affiliated group which includes the fore ign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(l) of the Homeland Security Act, 6 USc. 395(b)(\). (2) Plan (Ieemed in certai" cases. lfa foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year pcriod beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) arc met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregartled. The transfer of properties or liabilities (including by contribution or distribution) shall bc disregardcd if such transfers arc part ofa plan a principal purposc of which is to avoid the purposes of this scction. (d) Special rulefol' related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 USc. 395(b) to thc acquisition of a domestic partnership, except as provided in regulations, all domestic partncrships which arc under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partncrship. (e) Treatment of Certain Rights. (I) Certain rights shall be treated as stocks to the extent necessary to refl ect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (ii i) contracts to acquire stock; (iv) convert ible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Sec lion 835. (I) Disclosure. The offeror under this solicitation represents that [Check one]: 2018-ICLI-00035 346 _ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009 .108-7004, which has not been denied; or _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009 .108-7004 . (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied fo r, shall be attached to the bid or proposal. (End of clause) HSAR 3052.212-70 CONTRACT T ERMS AND CON DITIONS APPLICABLE TO DHS ACQUISITION Of COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply wi th any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the appl icable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. ...x.. 3052.219-72 Evaluation of Primc Contractor Participation in the DH S Mcntor Protege Program. (b) Clauses . ...x..3052.203-70 Instructions for Contractor Di sclosure of Violations . ...x.. 3052.204-71 Contractor Employee Access. Alternate I --L Alternate II ...x.. 3052.205-70 Advertiscment, Publ icizing Awards, and Rcleases . ...x.. 3052.219-70 Small Business Subcontracting Plan Reporting . ...x.. 3052.219-7 1 DHS Mentor Protege Program. l. HSAR Clause 3052.204-7 1 Contractor emp loyee access (SEP 2012), and Alternate I Safeguarding of Sensitive Information (MAR 2015) Sections (a) - (d) Information Technology Security and Privacy Tmining (MAR 2015) II. lOP Privacy and Records Provisions PRI V 1.2: Reporting Suspected Loss ofSensitivc PH PRI V 1.3: Victim Remediation Provision 2018-ICLI-00035 347 REC REC REC REC REC REC 1.2: 1.3: 1.4: 1.5: 1.6: 1.7: Deli verables are the Property of the U.S. Government Contractor Shall Not Create or Maintain Unautho rized -iRecords Agency Owns Rights to Electronic Information Comply with All Records Management Policies-i No Disposi tion of Documents w ithout Prior Wri tten Consent-i Contractor Must Obtain Approval Prior to Engaging Subcontractors PRIV 1.2: Repo r ting Suspected Loss of Sensitive PII: Contractors must report the suspected loss or compromise ofScnsitive PII to ICE in a timely man ner and cooperate with ICE 's inquiry into the incidcnt and efforts to remcdiate any harm to potential victims. I. The Contractor must develop and include in its security plan (whic h is submittcd to ICE) an intcrnal system by whic h its employees and sub-Contractors are trained to identify and report potential loss or compromise of Sensitive PI!. 2. Contractor must rcpo rt the suspectcd loss or compromisc of Sensitive PH by its employees or sub-Contractors to the ICE Security Operations Center (480-496-6627), the Contracting Officer's Representat ive (CO R), and the Contracting Officer within one (I) hour of the init ial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensiti ve PH by its employees or sub-Contractors. The report must contain the following information: a. Narrative, detailed desc ri ption of the events surrounding the suspected loss/compromise. b. Date, time, and location of the incident. c . Type of informa tion lost or compromised. d. Contractor's assessment of the likelihood that the information was compromiscd or lost and the reasons behind the assessment. e. Names ofperson(s) involved, including victim, Contractor employee/sub-Contractor and any witnesses. f. Cause of the incident and whether the company's security plan was followed or not, and which specific provisions were not fo llowed. g. Actions thai have been or will be taken to minim ize damage and/or m itigate further compromise. h. Recommendations 10 prevenl similar situations in the futu re, including whether the security plan needs to be modified in any way and whether additional training may be required. 4. The Contractor must cooperate with ICE or other government age ncy inquiries into the suspected loss or compromise of Sensitive PI!. 5. At the government's discretion, Contractor employees or sub-Contractor employees may be identified as no longer eligible to access Sensitive PII or to work on that contract based on their actions related to the loss or compromisc of Sensitive PI!. (End of clause) PRIV 1.3: Victim Remcdiation Provision: The Contractor is responsible for notification of victims in the evenl of a loss or compromise of Sensiti ve PII, if any, held by the Contractor, its agents, and Subcontractors, under this contract. The Contractor and ICE wi ll collaborate and agree on the method and content of any notification that may be required to be sent to individuals whose Sensitive PH was lost or compromised. (End of clause) REC 1.2: Dclivcrablcs arc thc Propcrty ofthc U.S. Govcrnmcnt: The Contractor shall treat all deliverables under the contract as the property of the U.S. Government fo r wh ich the Agency shall have unl imited rights to use, dispose of, or disclose such data contained therein. The Contractor shall not retain, usc, sell, or disseminate copies of any del iverable without the expressed pennission of the Contracting Officer or Contracting Officer's Representative. The Contractor shall certify in writing the destruction or return of all Government da ta at the conclusion of the contract or at a time otherwise specified in the contract. The Agency owns the rights to all data/reco rds produced as part of thi s contract. 2018-ICLI-00035 348 (End of clause) REC 1.3: Contractor Shall Not Create or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or mai ntain any records contai ning any Government Agency data that are not specifically tied to or authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Electronic Information : The Government Agency owns the rights to the query data it inputs into the LEARN database (e.g. Audit Logs, Searches, Hotli st, etc.) Notwithstanding the above, no title to Vigilant 's LEA RN database or software wi ll transfer to ICE in the performance of the contract. (End of clause) REC 1.5: Comply with All Records Management Policies: The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records 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. (End of clause) REC 1.6: No Disposition of Documents without Prior Written Consent: No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing thc alienation or una uthorized destruction ofrccords, including all forms of mutilation. Will fu l and unlawful destruction, damage or alienation ofFedcra l records is subject to the fi nes and pcnalties imposed by 18 USc. 270 1. Records may not be removcd from the legal custody of the Agency or destroyed witho ut rcgard to thc provisions of the Agency records schedules. (End of clause) REC 1.7: Contractor Must Obtain Approval Prior to Engaging Subcontractors: The Contractor is required to obtain the Contract ing Officer's approval prior 10 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 info rmation. (End of clause) ICE Information Governance and Pr ivacy Requirements Clause (JUL 2017) A. Limiting Access to Privacy Act and Other Sensitive Information (1) P/'ivacy Ac( lnJol'malion In accordance with FA R 52.224-1 Privacy Act Notification (APR 1984), and FA R 52.224-2 Privacy Act (A PR 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 DHS system of records notices (SORNs) app licable to this Privacy I. Applicable SORNS of other agenc ies may be accessed Act information may be found at kbll7)( Ei through the agencies' websites or by searching FDsys, the Federal Digital System, available at ~ SORNs may be updated at any time. ](b}(7)(E) (2) P/'ohibition Oil Performing Work Outside a Government FacifitylNetworklEquipmelll The Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or Workplace as a Service (WaaS) if WaaS is authorized by the statement of work Government informa tion shall remain within the confines of authorized Government networks at all times. Except where telework is specifical ly authorized with in this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibi ted from performi ng these tasks at or removi ng Government-furnished informatio n to any other faci lity; and Government information shal l remain withi n the confi nes of authorized Government fac il ities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facil ities regardless oftelework authorizations. 2018-ICLI -00035 349 (3) Prior Approval Required to Hire Subcontractors The Contractor is required to obtain the Contract ing 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 sensi tive and proprietary information. (4) Separation Checklist/or COllfractor Employees Contractor shall complete a separation checklist before any employee or Subcontractor employee terminates working on the contract. The separation checklist must verify; (I) return of any Government-furnished equipment; (2) return or proper disposal of sensiti ve personally identifiable information (PI I), in paper or electronic fornI, 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 sensitive PI!. In the event of adverse job actions resulting in the dismissal of an emp loyee or Subcontractor employee, the Contractor shall notify the Contracti ng Officer's Representati ve (CO R) within 24 hours. For nomlal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shal l assist the ICE Point of Contact (lCEIPOC), Contracting Officer, or COR with comp leti ng ICE Form 50-005/Contractor Employee Separation Clearance Chec klist by return ing all Governmentfurn ished property including but not limited to computer equipment, media, credentials and passports, smart cards, mobi le devices, PI V cards, calling cards, and keys and terminating access to all user accounts and systems. B. Resen'ed - Deleted in accordance witll clause prescription C. Government Records Training, Ownership, and Management (I) Records Management Trainil1g and Compliance (a) The Contractor shal l provide DH S basic records management training fo r all emp loyees and Subcontractors that have access to sensitive PI I as well as to those involved in the creation, use, dissemination and/or destruction of sensitive PlI . This training wi ll be provided at the outset of the Subcontractor' s/employee 's work on the contract and every year thereafter. This training can be obtained via links on the ICE intranet site or it may be made available through other means (e.g., CD or online). The Contractor shall maintain copies of certificates as a record of compliance and must submit an e-mai l notification annually to the Contracting Officer's Representative verifying that all employees working under this contract have completed the required records managemcnt training. (b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974 . These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (2) Records Creafioll. Ownership. alld Dispositioll (a) The Contractor sha ll 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 data. The Contractor shall certify in writing the destruction or return of all Government data at the conclusion of the contract or at a time otherwise specified in the contract. (b) Except as stated in the Pcrfonnance Work Statcment and, where applicable, the Contractor's Commercial Liccnse Agrecment, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databascs) and all supporting documentation and associated metadata created as part of this contract. All dclivcrab1cs (i neluding all data and records) under the contract arc the property of the U.S. Govcrnment and are considcred fcderal records, for which the Agency shall have unlimited rights to usc, disposc of, or disclose such data contained therein. Thc Contractor must deliver sufficient technical documentation with all data del iverables to permit the agency to use the data. 2018-ICLI-00035 350 (c) The Contractor shall not retain, use, sell, disseminate, or dispose of any government data/records or deliverables without the express written permission of the Contracting Officer or Contracting Officer's Representat ive. The Agency and its contractors are responsible fo r prevent ing the alienat ion 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. § 270 I. Records may not be removed from the legal custody of the Agency or destroyed wi thout regard to the provisions of the Agency records schedules. D. Data Pri"acy and Oversight (I) Restrictions on Testing or Training Using Real Data Containing PII The use of real data containing sensitive Pll from any source for testing ortraining purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for testing or traini ng whenever feasible. ICE policy requires that any proposal to usc of real data or dc-identified data for IT system testing or training be approved by the ICE Privacy Officer and Chief Information Security Officer (CISO) in advance. In the event performance of the contract requires or necessitates the usc of real data for system-testing or training purposes, the Contractor in coordination with the Contracting Officer or Contracting Officer's Representative and Government program manager shall obtain approval from the ICE Pri vacy Office and ClSO and complete any required documentation. (2) Resen 'ed - Deleted ill accordallce with dause prescription (3) Reqlliremelllto Support Privacy Compliance (a) The Contractor shall support the completion of the Privacy Threshold Analysis (PTA) document when it is required. PT As are triggered by the creation, modification, upgrade, or disposition of an IT system, and must be renewed at least every three years. Upon review of the PTA, the OHS Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modificat ions thereto, are required. The Contractor shall provide adequate support to complete the PIA in a timely manner, and shall ensure that project management plans and schedu les include the PTA, PIA, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at OHS, incl udi ng PT As, PIAs, and SORNs, is located on the OH S Privacy Office website k b)(7)(E) t) under "Comp liance." OH S Privacy Pol icy Guidance Memorandum 2008-02 sets fort h when a PI A will be required at OHS, and the Privacy Impact Assessment Guidance and Template outline the requirements and format for the PIA . (b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy documentation, the Contractor shall assign or procurc a Pri vacy Lead, to bc listed undcr " Key Personnel." The Privacy Lead shall be responsible for providing adequate support to OHS to cnsure DH S can complete any rcquircd PTA, PIA, SORN, or other supporting documcntation to support pri vacy compliance. Thc Pri vacy Lead shall work with personnel from the program office, the ICE Privacy Office, the Office of the Chief Information Officcr, and the Records Managcment Branch to ensure that the pri vacy documcntation is kept on schcdule, that the answers to questions in the PIA arc thorough and complete, and that questions asked by the ICE Pri vacy Office and other offices are answered in a timely fashion. The Privacy Lead: • • • • • Must have excellent writing ski lls, the abil ity to explain technology clearly for a nontechnical audience, and the ability to synthesize information from a variety of sources. Must have excellent verbal communication and organizational skills. Must have experience writing PIAs. Ideally the candidate would have experience writi ng PIAs fo r OI·IS. Must be knowledgeable about the Privacy Act of 1974 and the E-Government Act of 2002. Must be able to work well with others. (c) Ifa Privacy Lead is already in place with the program office and the contract involves IT system builds or substantial changes that may require privacy documentation, the requirement for a separate Private Lead specifically assigned under this contract may be waived provided the Contractor agrees to have the exist ing Privacy Lead coordinate with and support the ICE Pri vacy POC to ensure privacy 2018-ICLI-00035 351 concerns are proactively reviewed and so ICE can complete any required PTA, PIA, SORN, or other supporting documentat ion to support privacy compliance ifrequired. The Contractor shall work wi th personnel from the program office, the ICE Office ofInformation Governance and Privacy, and the Office of the Chief Information Officer to ensure that the privacy documentation is kept on schedule, that the answers to questions in any privacy documents are thorough and complete, that all records management requirements are met, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fash ion. (End of Clause) 2018-ICLI-00035 352 Attachment 5: Price Item Description Quantity Unit of Issue Estimated Unit Estimated Fixed Price Per Cost Line Item CLiN 0001 Access to license Plate System (All ICE Users), Base Vear - POP: 12/21/2017 01/31/2018 b}(4) CLiN 0002 Access to license Plate System (All ICE Users), Option Vear 1- 02/01/201801/31/2019 CLiN 0003 Access to license Plate System (All ICE Users), Option Vear 2 - 02/01/2019 01/31/2020 CliN 0004 Access to license Plate System (All ICE Users), Option Vear 3 - POP: 02/01/202009/30/2020 Additional Pricing Explanation: ·Contract start date wil l be 12/21/2017; however, West billing is systematically 2018-ICLI -00035 353 Thomson Reuters Response to RFQ 70CDCR 18QOOOOOOOS License Plate Reader Commercial Data Service via Vigilant's LEARN Platform Technical Response - Revision 2 SUBMITTED TO U.S. Department of Homeland Security Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) SUBMITTED TO: r b)(6);(b}(7)(c) SUBMITTAL DATE: December 22, 2017 SUBMITTED BY Thomson Reuters (West Publishing Corporation) b X ,-: f :)(6_);(:b _7):(C_ :- ) _---'I CF APMP Senior Proposal Coordinator ~b)(6); (b}(7)(C) Client Relationship Manager Phone: 703-909~~i~ib l Phone: 443-622~ E-m a il : kb}(6);(b}(7)(C) E-mail : {~:B~)j THOMSON ':::,:; ;- f b )(6);(b}(7)(C) REUTERS~ Source Selection Sensitive This document includes proprietary information that shall not be duplicated, used, or disclosed outside of DHS ICE-in whole or in pa rtfor any purpose ot her than evaluating this proposal. This information is deemed proprietary because it contains pricing and confident ia l corpo rate information that is of critical value to Thomson Reuters and our partners in a highly competitive market. 2018-ICLI-00035 354 Contents INTRODUCTION ...................................................................................................... 1 SECTION I - TECHNICAL APPROACH ................................................................ 2 C.4 RESPONSES TO PERFORMANCE REQUIREMENTS ............................................. 2 Data Serv ice Content/Scope ........................................................................................................... 2 User Managelnent and Support. ...................................................................................................... 5 Functional Requ irements ................................................................................................................ 7 Query Capabili ties .................................................................................................................................... 7 Alert List Capabilities ............................................................................................................................ 10 Mobile Device Capabilities .................................................................................................................... 12 Audit and Reporting Capabilities ........................................................................................................... 13 C.S C.6 C.7 C.S IS NOT IDENTIFIEDIINCLUDED IN THE STATEMENT OF WORK .................... 16 PROMOTION OF THE CONTRACT ........................................................................ 17 NEWS RELEASES ...................................................................................................... 17 LICENSE TyPE .......................................................................................................... 17 SECTION II - PAST PERFORMANCE ................................................................. 18 it '.:~·~·: ','::' ., .~. Page i THOMSON REUTERS Thomson Reuters Response to DHS ICE December 2017 2018-ICLI-00035 355 Introduction Thomson Reuters has a long history of co mmi tment to meeting the in formational needs of the Department of Homeland Security (DHS), incl uding Immi gration and Customs Enforcement (ICE), and we seek to maintain and expand that relationship in responding to the current Request for Quote for access to a License Plate Reader database. Through the combinati on of comprehensive and reliable data, technology. and ex perti se in how public records and related in formation can benefi t government objecti ves, Thomson Reuters, with our partner, Vigi lant Soluti ons, is uniquely positi oned to help ICE meet your agency's di verse chall enges with our subscription services. Based on conversations with ICE personnel about the specific in vesti gati ve needs of ICE, Thomson Reuters can provide access to li cense pl ate reader data via a hyperlink to the LEARN pl atform through the CLEAR pl atform . Providing access to the data through CLEAR provides reassurance to rCE, by virtue of ex isting agreed-upon terms and auditing requirements, per agency mandate. This offer also prov ides access to LPR through Vigilant's LEARN platfoml , which is maintained and supported by Vigi lant. The Thomson Reuters CLEAR team has been success full y supporting DHS' s investi gati ve research needs and initi ati ves since the agency's incepti on. We are proud to support the DHS and look fo rward to continu ing our long-stand ing partnership. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-I CLI-00035 356 Pa ge 1 December 2017 C.4 Responses to Performance Requirements In thi s section of our response, we respond directly to the Perfonnance Requirements in the Statement of Work of th e RFQ. Th e information presented here is considered proprietary and confidential. DATA SERVICE CONTENT/SCOPE We propose access to License Plate Reader (LPR) data via hyperlink from Thomson Reuters CLEAR to Vigilant Solutions' (Vigilant's) LEARN platform. Requirement: The LPR data serv ice shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossess ion companies, and law enforcement agencies. Response: The offered LPR data is collected from various toll roads, parking lot/garages, repossess ion vehicles and law enforcement agencies nationwide. Requirement: The LPR data service shall include substantial unique LPR detection records. Response: Vigilant's database currentl y has hundreds of millions of unique detection records from commercial sources. Bes ides LPR records from commercial sources such as parking garages, tolls and asset recovery vehicles Vigilant also has a large network of local and state law enforcement agencies (LEAs) across the country. Thi s network of LEAs has the ability to share their LPR records with ICE regardless of their LPR hardware provider. All LEA detection records are the intell ectual propert y of the LEA and all retention times and permiss ions on these records are set by those agencies. Vigilant only hosts and maintains those records. Requirement: The LPR data service shall compile LPR records from at least 25 states and 24 of the top thirty (30) most populous metropolitan stati stical areas within the United States to the extent that coll ection of LPR data is authorized by law in those locations. A metropolitan statisti ca l area is defined as: a geographical region with a relatively hi gh population density at its core and close economic ties throu ghout the area as defined by the Office of Management and Budget (OMB) and used by the Census Bureau and other federal govern ment agencies for stati stical purposes. Response: Forty-seven (47) states, the District of Columbia, and Puerto Rico have commercial LPR scan records. (Hawaii , Maine, and Vermont do not. ) A li st of the most populous 50 metropolitan areas in the US with commercial LPR data is provided below and exceeds the minimum requirement by DHS. Additional locations can be provided upon request. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 357 Pa ge 2 December 2017 ~ 2 3 4 5 6 7 8 9 ~ I " sA, D"I ,W"rll ,- <, ,.1 I M; I,FL ,n II -T, R"I\ ; [) :A ,A ' , Mr Kc , ' VA_Nr IrA ,TX k-J A, 99% uptime. With the except ion of scheduled outages, LEARN Hosted LPR Services will be accessible 2417/365 . We agree that downtime shall not eclipse (4) hours in any given month, with the exception of major upgrades or system mi gration s. We agree that the mean time between fai lures (MTBF) will not exceed a mean of 4,000 hours between fai lures. Vigil ant 's average LPR Query Response Time for a Single exact Plate is reliably fa st; however, we cannot guarantee 1JRCHASE REO. NO POOOOl See Block 16e 19211BFUGOPS12087.1 1I. ISSUEoav 000' 7. ADMINISTERED BY (IIotherlNnllllm dl ICE/OCR ICE/Detention Compliance , Removals Immigration and Customs Enforcement Office of Acquis 801 I Street , NW A PAGES 3 15 PROJECT/'tO. I/f~J 000' ., WASHINGTON DC e. NAME Ant) ADDRESS OF CONTRACTOR rHO.. _ r7i CONTRACT III COO£ ......,.. $I.,. _llP Codoj 9A. AMENOMENT(lf SOUCITATION NO. wEST PUBLISHING CORPORATION p o BOX 64833 SAINT PAUL MN 55164 118. DATED (SEE ITEN '" lOA. MODIFICAWc 8'( CON'TRACTIORDER NO. x 10CDCRIBP 0 00011 000' IFACIt.ITY CODE ". , 1485082860000 ~ ~ ,*"" 108. DATED (SEE ITEM 13) 1212212017 ,,~ ~~ ITAnoH o .~ O .noIe>IIIIwFog _ : I_I Ely c:ompletng _ _ 01 ... _ _ II; Ib) 8y~~aI_-an ..... <:neldl copy 01 ... orr.. "*""~ ; or (e) 8)1 ...... -.......,.;pt of II'IiI _ _ pnor 10 nt racu _ _ IS. _ ~ ...-- • ..-..- 10 . . IiOIicitD:n _ .".-.,;....-... F.....l,IRE OF YOUR ACKNO'M-EOGEMEHT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SP£CIfIED MAY RE5a.T IN REJECTION OF YOUR OFFER "bjI wtue a/ .... _ )IOU dotsA 10 dW'igof .., .,.,. I<.twnilled • pnMdood ..." ~ or _ . . . - . _ _I _ Of ~.....,;a, See Schedule n . THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTSlMDER8. IT MODIfies TH£CONnv.CT!ORDER NO. AS DESCRlaED IN ITEM 14. A.. THIS CHANGE OAeER IS ISSUEO PURSUAHTTO. ($pedfyItU/tOolily) THE CHANGES SETfOATH IN ITEM 14 ARE MADE IN THE COHlRACT ORO£R NO. IN ITEM lOA. 8. THE ABOVE HlM8l:RED COHTRAC TIOAO£R IS MODifIED TO REFLECT THE AOMINISTRATM CHAHGES fwd! .. o'IwIpn in prjing OIIQ. ~fIiona.lIt. 1«:.) serFOATH IN ITEM 14. PURSUAHTTO THEAUTHORrTYOF fAR43. 10l(b~ C, THIS SUPPlEMENTALAGREEMiENT IS ENTERED INTO PURSUAHT TOAUT Eo IMPORTANT: Contractor O .nol. @ "'~tolignlhiodocumlll'll_NIUm 14. OESCRIPTK»I OF AMENOMEHTIMOOIFICATION (OtpMllz.a by UCF JIICtIiM hHdo"llS, ~ 1 ao/iicil.lIioM::onlnlCl ~""'tt.r~ ,..",*,) ~UNS Number; 148508286 Gove rnment POC: b)(6);(b)(7)(C) Phone ; 202-132 b)(6); Email: Rb)(6),(b)(7)(C) Government POe : 1(b)(6HbKl)(C) Phone: 2 0 2- 1 32 ~'h'~' - ( ! Email: fb)(6),(b)(7)(C) Contracting Off['i~o~e1'~'J~kb~X~6IT!~(b~XQ7])(ICI!::::::J Phone: 202-732 1 b)(6);(b I Continued ... Pt.~b)lGSA FAR (., CFR)53 243 2018-ICLI-00035 374 IIEFERENCE NO OF DOCUMENT BEING CONTINUED CONTINUATION SHEET 70CDCRI8POOOOOO I 7/ PO OOOl 3 NAM E OF OFFEROR OR CON TAACrOR WE ST PUBLIS HI NG CORPORATI ON ITEM NO SUPPLI ES/SERVICES (Aj (8) Emd il: aUNlTlTY UNIT (C) b){6),(b)(7){C) (0) UNITF'RICE (E) AMOU NT '" There is one (1) r equisition associated with t his modifi cation : 1921 18FUGOPS120S7 . 1 The purpose of t his modification is as follows: Exercis e Option Pe~iod 1 (2/1/2018-1/31/2019) 1) 2) Move the total funding Pl){4) I from CLIN 0001 to CLIN 0002 3) Add fundin g in the amount of'Fb~X~4g);=~=;~I, 4) Add the Enclosure 1 - SBU se~ u r ity La nguage t Indust rial Se curity SOP 5) Add the follow ing language to the sow. C . 9 Reporting In the event tha t TRSS o r it s pa r tners discove r or suspect misuse o f t he se rvice by an individual, i t should be re por ted to the COR or Contract i ng Offi ce r as soon as practicable aft er the di scove r y but in no eve nt lat er than 24 hours after discovery. All other prices, terms and condi t i ons remain t he same. Exempt Act ion : Y Sensi tive Award: PI! Di scount Te r ms : Net 30 FOB: Dest inat ion Period of Performance: 12/22/2017 to 09/21/2 020 Change Item 0001 to read as follows(amoun t shown is the obligated amount) : 0001 Bas e Period - 12/22 /2017 - 0 1/31/ 2018 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users) This is a Firm-fixed Price ( fFP ) CLIN. Fully funded Obligation Amount: SO. OO Product lSe r vice Code: 0317 Product/Service Des c ri ption : IT ANO TELECOMWEB -BASED SUB SCRIPTION b){4 );(b ){7}(E) OPTION.'.!. FOR'" 1M (. M) Sj>ool«oONAL FORM l lS (.... 56) ~..".oo:I~GSA FAR 2018-ICLI-00035 376 '~8 CF R) !.3. 11 0 201 Enclosure 1 - SBU Security Language to Industrial Security SOP REQUIRED SECURITY LANGUAGE FOR SENSITIVE /BUT UNCLASSIFED (SBU) CONTRACTS SECURITY REQUIREMENTS GENERAL The United States Immigration and Customs Enforcement (ICE) has detennined that perfonnance of the tasks as described in Contract 70CDCR18P00000017 requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have accesS to sensitive DHS infonnation, and that the Contractor will adhere to the following. PRELIMINARY DETERMINATION ICE will exercise full control over granting; denying, withholding or tenninating unescorted government facility andlor sensitive Government information access for Contractor employees, based upon the results ofa background investigation. ICE may, as it deems appropriate, authorize and make a favorable expedited pre-employment determination based on preliminary security checks. The expedited pre-employment detennination will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable pre-employment detennination shall not be considered as assurance that a favorable full employment detennination will follow as a result thereof. The granting ofa favorable pre-employment detennination or a full employment determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty andlor access sensitive information or systems without a favorable preliminary fitness determination or final fitness detennination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable pre-employment determination or full employment detennination by the OPR-PSU. Contract employees are processed under the ICE Management Directive 6-8.0. The contractor shall comply with the pre-screening requirements specified in the DHS Special Security RequirementContractor Pre-Screening paragraph located in this contract, if HSAR clauses 3052.20470, Security Requirements for Unclassified Information Technology (IT) Resources; andlor 3052.204-7 I, Contractor Employee Access are included in the Clause section of this contract. BACKGROUND INVESTIGATIONS Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract. needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the 2018-ICLI-00035 378 contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the Personnel Security Unit. Prospective Contractor employees, whether a replacement, addition, subcontractor employee, or vendor employee, shall submit the following security vetting documentation to OPR-PSU, in coordination with the Contracting Officer Representative (COR), within 10 days of notification by OPR-PSU of nomination by the COR and initiation of an Electronic Questionnaire for Investigation Processing (e-QIP) in the Office of Personnel Management (OPM) automated on-line system. 1. Standard Fonn S5P (Standard Fonn 85PS (With supplement to 85P required for anned positions)), "Questionnaire for Public Trust Positions" Fonn completed on-line and archived by applicant in their OPM e-QIP account. 2. Signature Release Fonns (Three total) generated by OPM e-QIP upon completion of Questionnaire (e-signature recommended/acceptable instructions provided to applicant by OPR-PSU). Completed on-line and archived by applicant in their OPM e-QIP account. 3. Two (2) SF 87 (Rev. March 2013) Fingerprint Cards. (Two Original Cards sent via COR to OPR-PSU) 4. Foreign National Relatives or Associates Statement. (This document sent as an attachment in an e-mail to applicant from OPR-PSU - m~st be signed and archived into applicant's OPM e-QIP account prior to electronic "Release" of data via on-line account) 5. DHS 11000-9, "Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act" (This document sent as an attachment in an e-mail to applicant from OPR-PSU - must be signed and archived into applicant's OPM e-QIP account prior to electronic "Release" of data via on-line account) 6, Optional Fonn 306 Declaration for Federal Employment (This document sent as an attachment in an e-mail to applicant from OPR-PSU - must be signed and archived into applicant's OPM e-QIP account prior to electronic "Release" of data via on-line account) 7. Two additional documents may be applicable if applicant was born abroad andlor if work is in a Detention Environment. If applicable, additional fonn(s) and instructions will be provided to applicant. 2 2018-ICLI-00035 379 Prospective Contractor employees who currently have an adequate, current investigation and security clearance issued by the Department of Defense Central Adjudications Facility (000 CAF) or by another Federal Agency may not be required to submit a complete security packet. Information on record will be reviewed and considered for use under Contractor Fitness Reciprocity if applicable. An adequate and current investigation is one where the investigation is not more than five years old, meets the contract risk level requirement, and applicant has not had a break in service of more than two years. Required information for submission of security packet will be provided by OPR~PSU at the time of award of the contract. Only complete packages will be accepted by the aPR· PSU as notified via the COR. Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insufficient background information. The use of Non· U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to DHS liCE IT systems and the information contained therein, to include, the development and I or maintenance of DHS/ICE IT systems; or access to information contained in and I or derived from any DHS/ICE IT system. TRANSFERS FROM OTHER DHS CONTRACTS: Personnel may transfer from other DHS Contracts provided they have an adequate and current investigation (see above). If the prospective employee does not have an adequate and current investigation an eQip Worksheet will be submitted to the Intake Team to initiate a new investigation. Transfers will be submitted on the COR Transfer Form which will be provided by aPR· PSU along with other forms and instructions. CONTINUED ELIGIBILITY If a prospective employee is found to be ineligible for access to Government facilities or information, the COR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract. The OPR-PSU may require drug screening for probable cause at any time andlor when the contractor independently identifies, circumstances where probable cause exists. The OPR·PSU will conduct reinvestigations every 5 years, or when derogatory information is received, to evaluate continued eligibility. 3 2018-ICLI-00035 380 ICE reserves the right and prerogative to deny and/or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 263 5, or whom ICE determines to present a risk of compromising sensitive Government infonnation to which he or she would have access under this contract. REQUIRED REPORTS; The Contractor will notify OPR-PSU, via the COR, of terminations/resignations of contract employees under the contract within five days of occurrence, The Contractor will return any ICE issued identification cards and building passes, ofterminatedl resigned employees to the COR, If an identification card or building pass is not available to be returned , a report must be submitted to the COR, referencing the pass or card number, name of ind ividual to whom issued. the last known location and disposition of the pass or card, The COR will return the identification cards and building passes to the responsible ID Unit The Contractor will report any adverse infonnation coming to their attention concerning contract employees under the contract to the OPR-PSU. via the COR, as soon as possible. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees' name and social security number, along with the adverse informati on being reported. The Contractor will provide, via the COR, a Quarterly Repon containing the names of personnel who are active, pending hire. have departed within Ihe quarter or have had a legal name change (Submitted with documentati on). The list shall include the Name, Position and SSN (Last Four) and should be derived from system(s) used for contractor payroll/voucher processing to ensure accuracy. CORs will submit reports to R",b"X6");"(b"X7, ,X,,,C,) _ _ _ _ _ _ _ _--' EMPLOYMENT ELIGIBILITY The contractor will agree that each employee working on this contract will successfull y pass the DHS Employment Eligibility Verification (E-Verify) program operated by USCIS to establish work authorization. The E-Verify system, formerly known as the Basic Pilot/Employment Eligibi lity verification Program, is an Internet-based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) thai aIlO\-\,s participating employers to electronically verify the employment eligibility of' heir newly hired employees. E-Verify represents the best means currently available for employers to verify the work authorization of their employees. The Contraclor must agree that each employee working on this contract will have a Social Security Card issued and approved by the Social Security Administration. The 4 2018-ICLI-00035 381 Contractor shall be responsible to the Government for acts and omissions of his own employees and for any Subcontractor(s) and their employees. Subject to existing law, regulations and! or other provisions of this contract, illegal or undocumented aliens will not be employed by the Contractor, or with this contract. The Contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. SECURITY MANAGEMENT The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor. The COR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COR determine that the Contractor is not complying with the security requirements of this contract, the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements. The following computer security requirements apply to both Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (ICE) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department. INFORMATION TECHNOLOGY When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Secur;ty Program PubUcation DHS MD 4300. Pub. or its replacement. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level. Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure resuhs in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act). INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT In accordance with Chief Information Office requirements and provisions, all contractor employees accessing Department IT systems or processing DHS sensitive data via an IT system will require an ICE issued/provisioned Personal Identity Verification (PIV) card. Additionally. Information Assurance Awareness Training (lAAT) will be required upon 5 2018-ICLI-00035 382 initial access and annually thereafter. IAAT training will be provided by the appropriate component agency ofDHS. Contractors, who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department contractors, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual's duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security. All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information System Security Officer (ISSO). 6 2018-ICLI-00035 383 From : Sent: To : Subject: Attachments: HSI EAD Message 7 Feb 2018 08:36 :19 -0500 #HSI-AII Federal Personnel Access to Commercial LP R Data via the CLEAR LEARN Platform LPR Webex Class Information and Tim es.docx, Regional POCs.pdf HSI HO~IELA"D SECURITY I"YE5TIGATlO~5 ~ Message from the Executive Associate Director ~ Access to Commercial LPR Data via the CLEAR LEARN Platform After speaking to many of you about investigative tools that you need , I am pleased to announce that HSI, has entered into a contract to access Commercial License Plate Reader (LPR) data. Commercial LPR databases store recorded vehicle license plate numbers from cameras equipped with license plate reader technology. Records are uploaded into the system from a variety of governmental and private sources including, but not limited to, access control systems (such as toll road or parking lot cameras) , vehicle repossession companies, and law enforcement agencies. Access to the LPR data will be provided through your Thomson Reuters CLEAR account, via a hyperlink to the LEARN platform. It is anticipated that, as early as this week, Thompson Reuters will begin issuing log-on credentials to all CLEAR users that have accessed the system within the past 6 months. If you have an account and have not accessed CLEAR within the past 6 months, or if do not currently hold a CLEAR account, access can be granted through the SAC/HQ office's local CLEAR administrator. Training sessions for administrators pertaining to user account management will be conducted on February 8,2018, and February 9, 2018. WebEx training schedules for the LPR function will be included with the introductory log-on provided to each user. Following the initial training , additional sessions will be available the 1st and 3rd Thursday of every month starting March 1, 2018. There will also be in-person sessions at locations across the country throughout the year. It is anticipated that a user guide will be sent to all users by the end of February; alternatively it can be obtained by contacting ~b)(6);(b}(7)(C) I 2018-ICLI -00035 384 For additional training information or for a Thomas Reuters CLEAR account, please contact your office's local CLEAR administrator (see attached POC list). For programmatic questions, please contact National Program Manager ~~~j(b) ! b)(6);(b X7)(C I Derek N. Benner Deputy Executive Associate Director and Senior Official Performing the Duties of the Executive Associate Director Homeland Security Investigations 2018-ICLI -00035 385 WebEx Class Information WebEx training schedules for the LPR function will be included with the introductory log-on e-mail that each user will receive. This e-mail will include a link to register for the WebEx meetings. Registration is required, but there is no need to register for more than one session. There is a 500 attendee maximum per session; if a listed session is shown as full, please select another session to attend. The tentative dates for these training sessions are as follows: Day Date Time (all times ET) Wednesday 2/7/2018 2/7/2018 2/7/2018 2/7/2018 2/7/2018 2/7/2018 2/8/2018 2/8/2018 2/8/2018 2/8/2018 2/8/2018 2/8/2018 2/9/2018 2/9/2018 2/9/2018 2/9/2018 2/9/2018 2/12/2018 2/12/2018 2/13/2018 2/13/2018 2/13/2018 2/15/2018 2/15/2018 2/15/2018 2/15/2018 2/15/2018 2/16/2018 2/16/2018 2/16/2018 2/16/2018 9:00 AM 10:30 AM 12:30 PM 2:00 PM 3:30 PM 5:00 PM 8:00 AM 9:30 AM 11:30 AM 1:00 PM 2:30 PM 6:00 PM 8:00 AM !0:00AM Wednesday Wednesday Wednesday Wednesday Wednesday Thursday Thursday Thursday Thursday Thursday Thursday Friday Friday Friday Friday Friday Monday Monday Tuesday Tuesday Tuesday Thursday Thursday Thursday Thursday Thursday Friday Friday Friday Friday 11:30 AM 1:30 PM 3:00 PM 12:00 NOON 3:00 PM 9:00 AM 11:00 AM 1:00 PM 8:30 AM 10:00 AM 11:30 AM 1:30 PM 4:00 PM 8:00 AM !0:30AM 12:30 PM 3:00 PM 2018-ICLI -00035 386 SAC Office ATLANTA BALTIMORE BOSTON BUFFALO CHICAGO CLEAR COR / PM CLEAR COR / PM C3 DALLAS DENVER DETROIT DETROIT DIVISION 1 - CTCEU DIVISION 2 DIVISION 4 - FDL EL PASO HONOLULU HOUSTON INTELLIGENCE IPR Center LOS ANGELES MIAMI NEW ORLEANS Last Name First Name b)(6);(b}(7)(C) NEW YORK NEWARK OPR PHILADELPHIA PHOENIX PHOENIX SAN ANTONIO SAN DIEGO SAN DIEGO SAN DIEGO SAN FRANCISCO SAN JUAN SEATTLE ST. PAUL TAMPA 2018-ICLI-00035 387 Email ~b)(6); (b)(7}(C) From : Sent: 25 Jul 2018 15:44:50 +0000 ~b)(6); (b}(7)(C) To : Subject: Attachments: I FW: CLEAR LPR Administrator Reference: Adding Data from non-ICE sources DHS ICE CLEAR LPR - Receiving Data from Outside ICE. pdf ~b)(6); (b)(7}(C) Section Chief - Management and Program Analyst Acquisition Management Unit Finance, Acquisition, Asset Management Division ICE/Homeland Security Investigations (HSI) 202-732 b)(6) (Office) 202-411 :~t;).(7 (Mobile) Fb}(6);(b}(7)(C) ma il and any attachments are UNCLASSIFIEO//FOR OFFICIAL USE ONLY ~U//FOUOf. It contains information that may be exempt from public release under t e ation Act ~S U.s.c. SS2). It is to be controlled. stored. handled, transmitted. dist ributed, and disposed of in accordance with OHS policy relating to FOUO informa be released to the public or other personne l who do not have a valid "need -toished to the media, either in wr itten or verbal fo rm. If know" without prior approval of an authorized OHS official. No port ion of this e you are not an intended recipient or be lieve you have received this commun ication in error, please do no p mit, disseminate, or otherwise use this information. Please inform the sender that you received this message in error and delete the message from your sy From: kb)(6l:1b)(7)(C) Sent: Thursday, May 10, 2018 4:24 PM To :Kb)(6);(b }(7)(C) Subject: CLEAR LPR Administrator Reference: Adding Data from non-ICE sources Thank you to those who we re able to j oin me on the WebEx sessions yesterday and today. We're excited about the additional data that may now be available to ICE. For those you who were unable to attend, I've attached a step-by-step guide (with pictures!) to initiate LPR detectio n sharing from agencies outside of ICE within the LEARN platform. For those of you on the calls who received this document already, nothing has changed in this version. As always, please feel free to cont act me with any questions you may have. I'd be glad to walk you through the process or answer any addit ional quest io ns. Kind regards, ~b)(6); (b)(7}(C) I 2018-ICLI -00035 388 LICENSE PLATE READER (LPR) DATA FROM OUTSIDE OF ICE Table of Contents I. Gene ral Rules and Guidelines ... .......... ....... ....... ... .... ............. .... .......... ... .... .......... ....... .......... ....... .......... ....... ....... ... .1 II. III. IV. V. VI. Definition s..........................................................................................................................................................................2 General Settings ................................................................................................................................................................3 Requesting LPR Detections from law enforce ment age ncies ... .. ....... ....... ... .... .......... ....... ....... ... .... ................. ...... 4 Receiving LPR Detections f rom law enforceme nt agencies ... ......... .............. ................. ................. .............. ......... 6 Discontinuing Sharing of lPR detections ...... ............. .............. ................. .............. ................. ................. .............. 7 I. General Rules and Guidelines Imm igrat ion and Customs Enforcement (ICE) ICE LEARN admin istrators are now able to "share" data or accept info rm ation from law enfo rcement. Per the contract, there are a few basic principles that must be followed: • At no time is ICE able to provide data of any kind to non-ICE law enforcement. Th is includes LPR detection records and Hot List records. • Only agency admin istrators can req uest or accept shares. • Once an agency shares data with ICE, all ICE LPR users w ill have access to that data. The provider of the data may choose to stop sharing data with ICE at any t im e. • Rece iving information about other law enforce ment agency Hot List s is not permitted. 2018-ICLI-00035 389 II. Definitions Data Sharing: allows your agency data, including Detections and Hot-List records, to be sha red with other agencies on the LEARN server. NVLS: Contribute Detections to the Nationa l Vehicle Location Service (NVLS) nationwide LPR data sharing program. (not permitted under ICE contract) LPRD : Contribute Detections to the license Plate Recognition Data (LPRD) program funded by the Department of Justice. (not perm itted under ICE contract) Share data with external LEARN servers: Allow the LPR Detections from your Agency to be searched by other external LEARN servers (No sensitive data will be made available). (not permitted under ICE contract) Share Detections and Hot-List records with other Agencies: Select the Agencies on this LPR se rver to share LPR Detections with Set permissions to sha re select Hot-lists by Source. (not permitted under ICE contract) NationalLPR Data Sharing Map: The map (Figure 1 below) represents a list of Law Enforcement Agencies using LPR technologies. When logged into LEARN, click on a representing 'Pin' mark and facilitate LPR data sharing by contacting the Search Box Map Satellite MB Be SK Nl ON oe NS ./"v,. ,\ t PE NS Puerto Rico d Guatemala Go gle , A,~ Map"dala-C;i{118 Google, lNEGI Terms of Use Figure 1: List of Low Enforcement Agencies Who May Provide Data to LEARN (as of May 2018) 2018-ICLl-00035 390 ~b)(6); (b)(7}(C) From : Sent: 25 Jul2018 15:49:06 +0000 To : r b)(6);(b}(7)(C) Subject: FW: LEARN access Attachments: QU ICK REFERENCE CARD - HOW TO STOP LEARN HOT LIST UPLOAD NOTIFICATIONS FOR AGENCY MANAGERS. PDF, QU ICK REFERENCE CARD LEARN PASSWORD ADMIN ISTRATION .PDF, LEARN access Training Resources - Make Vita l Vehicle Connections To Accelerate Your Investigations .oft f b)(6);(b)(7}(C) Section Chief - Management and Program Analyst Acquisition Management Unit Finance, Acquisition, Asset Management Division fCE/Homeland Security Investigations (HSI) 202-732 b)(6);( Office) 202-421 }(7)( Mobile) Kb)(6);(b)(7}(C) W~rning: Th is e (hments ~re UNCLASSIFIEO//FOR OFFICIAL USE ONLY (U//FOUO~. It (ont~ i n s i nlorm~tion th~t m~y be exempt from public rele~ se under the Freedom 0 In .S.c. SS2~. 1t is to be controlled. stored. h~ndled. tr~nsmitted. dist ribu ted. ~nd disposed 01 in accordance with OHS policy relating to FO UO information and IS d to the public or other personne l who do not have a valid "need -tothe media, either in wr itten or verbal fo rm. If know" without prior approval of an authorized OHS official. No port ion olthis emai l shou you are not an intended recipient or be lieve you have received this commun ication in error, please do not pr int, co . isseminate. or otherwise use this inform at ion. Please inform the sender that you received this messase in errOr and delete the messase from your system. From: kb)(6);(b}(7)(C) Sent: Friday, March 16, 2018 12:41 PM b)(6);(b}(7)(C) Subject : LEARN access Kb)(6);(b)(7}(C) b)(6l:(b}(7)(C) HSI San Antonio I You know have administrator access to LEARN via CLEAR. I've attached a helpfu l user guide as well as an email you can send to users whose accounts you create . I'm about to leave the country for the week, but please let me know your availability the week of March 26 and we can set up a 1:1 demo and introduction. Trainings are held via WebEx on the f irst and th ird Thursday of the month. Please register at clear.webex .com . 2018-ICLI -00035 391 To log in, follow the steps below: 1) 2) 3) b)(6);(b}(7)(C);(b}(7)(E) b}(7)(E) If you have LEARN platform password questions/issues, please contact su pport@vigilantsolutions.com or 925-398-2079 for assistance. Please contact me or learnsupport@trssllc.com with any questions. ~b)(6); (b}(7)(C) Client Relationship Manager ~~~~~JO~____-, M443-622-~~~_________~ Thomson This email containsinformationfromThomsonReutersSpeciaIServices.llC.thatmaybesensiti~eandconfidentiaI.This message is to be used solely by the intended recipient. If you are not the intended recipient. then you recei~ed this message in error and are requested to delete it (and all copies). You are further requested to neither reproduce nor share the contents of this message with anyone except the intended redpient and are to notify the sender if this is an erroneous transmission. Your cooperation is appreciated. From: Kb)(6);(b}(7)(C) Sent: Wednesday, March 14, 2018 3:56 PM To ~(b }(6);(b }(7)(C) Subject : FW: [V5#1079496) NVL5 access 2018-ICLI-00035 392 I was referred to you, to see if you could assist me in gaining access to NVLS From: Vigilant Solut ions Support [mai lto :support@vigiiantsolutions.com J 14, 2018 1:26 PM To: '?'= "",":'-:::-:c' Subject: Re: [VS#1079496] NVLS access Dea~~b~)(~6)~;(~bX~7~)(C~)~~~R2~======================J ~he will be able to assist you Please re ach out toKb)(6);(b}(7)(C) with this request. Sincerely, ~b)(6); (b}(7)(C) Field Support Engineer Vigilant Solutions Support Team (925)398-~ Protecting Officers, Families and Communities www.vigilantsolutions.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying , or distribution of this message, or the taking of any action based on it, is strictly prohibited. 03/14/201809 :06 -kb)(6):(b}(7)(C) Good morning, t-vrote: I was trying to find out if I would be allowed to gain access to the NVl S. If you can direct me to the person who can help me or any forms I may need to fill oul, I would greatly appreciate it. My Clear log in is: ¥b)(6);(b}(7)(c l i i 300 E. 8th Street 8·111 Austin, TX 78701 Gov Cell: (830) 534kb)(6);d kb)(6):(b}(7)(C) 2018-ICLI -00035 393 HOW TO MAKE LEARN HOT LIST UPLOAO NOTIFICATIONS STOP Tired for receiving all the hot list up load notifications? Follow the X steps below to stop receiving these em ails. 1) f bX7)( E) t )( E) 2) f bX7 )( E) bX7 b}(7)(E) 3) Kb}(7)(E) b}(7)(E) 2018-ICLI -00035 394 4} {tummy 5) 6) 201 395 7} 3) 201 396 From : kb)(6):(b)(7}(C) Sent: 7 Dec 201717:45:32 -0500 To : HSI-Requisitions Cc : ~b)(6); (b)(7}(C) Subject: 'iRi'eC:q"uC:is"itC:io'=n'ln9"2"1l"8"F" l M=U"R"'QOiO"OO;;!S - TRSS-LPR Attachments: 19211SFlMURQOOOS.pdf, Privacy and lAD Exemption Checkl ist (05 19 2016).docx, ICE Form 13-015 - HSl lPR Database - ITSR Request - 12.07.17.pdf Good Day: Please process the attached requ isition for OAO/DC¥b)(6);(b}(7)(C) I Thank you. 1. Contract and Task Order Number: New Requirement 2. Period of Perfonnance - 10/01117 - 0113112019 (16 months) 3. Anticipated Period Funded by the Requisition - 1010111 7- 1213111 7 4. Description of the Procurement - New Database Service 5. Justifi cation of the Procurement - HS1 Requirement for License Plate Reader (LPR) Database witlr Tlwmsofl Rellters Special Services, LLC (TRSS. Tire LPR will be provided via the currell1 TRSS CLEAR Platform as a separate COli tract. This Database, like CLEAR, lvill lIot touch the ICE Network. 6. Product Service Code (pSC) - D317 Thank you. fb)(6);(b}(7)(C) Unit Ch ief, Acq uis iti on Management Unit (AMU) HSI M iss ion Suppo r t Division Homeland Secu r ity Investigatio ns ( HSI) Immigr ation and Customs Enforcem ent (ICE) Ph : 202 732 ~ Mobile: 202 -32 1-kb)(6);(b l Email: Fb)(6);(b)(7}(C) I Wa r n ail and any attachments are UNCLASSIFIEDI/FOR OFFICIAL USE ONLY (UI/FOUO). II contains information Ihal may be ex ' c release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored, handled, transmitted, distri u , . ed of in accordance with DHS policy relat ing to FOUO information and is not 10 be re leased to Ihe public or other personne e a valid ·'need-Io-know" wilhout prior approva l of an authorized DHS official. No portion of th is emait should be furnishe 0 . er in written or verbal form. If you are not an Intended recipient or believe you have received this communication in error, please print, copy, retransmit , disseminate, or otherwise use this information. Please inform the sender that you received this message in error and delete the message from your system. 2018-ICLI -00035 397 I. NUM88!; 192118FlMURQO008 REQUISITION - MATERlALS·SUPPLIES·EQUIPMENT z. DIPoTE 07.OS:.20t7 aoe INSTRUCTfO"'; ON MVORIIO J. ACTlVln S't'M1JOt. So. Attachment A .. TO: MMEAHDADDAESa _ I'ftCCIIl&IINT aa::TIOfoIIORIlClREROOMI • MIGM nON ANDCUSTOIIII BII'O«I:IJoIM IICQ OfftC1'!OF ACQI,I&mCIN MAHAGBIIM 100QI 1t118TNEf hSV~ ............. 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"." ... ""~- ~_ ~- ""~- iiilliill ~ 2018-ICLI -00035 454 ........ .. "" • • w .. _ _ _ , ~ ""."~.,, ...... n "".~ " ~- ... _ _ _ ~mr ........ ' ) , -- D -= -s== )(7X ) (DX'),(b)(7XC) 2018-ICLI-00035 455 ..~:t·"E= - .. --- === _~:.u --- -~::'''''== THOMSON REUTERS INFORMATION SECURITY RISK MANAGEMENT Overview of program and practices .. :.:..... .:.: - ....: :"•••.::~:!:::: r,·::: THOMSON REUTERS '-:";:- ' 2018-ICLI -00035 456 thomsonreuters.com INFORMATION SECURITY RISK MANAGEMENT Thomson Reuters has a long history of providing reliable and trustworthy information to our customers. We maintain this reputation through a variety of means which are supported by a comprehensive information security and risk management program focused on a risk- based approach to data protection, and availability of applications and infrastructure. Thomson Reuters' information security and risk management practices are established upon an information security framework which utilizes an information security management system to guide the implementation, operation and continuous improvement of policies, standards and practices which are applicable to our IT operations. This document is meant to provide an overview ofThomson Reuters' approach to information security risk management by outlining services and procedures used to safeguard applications, infrastructure and operations. It provides the answer to questions our customers regularty ask in order to satisfy their legal, regulatory and business requirements. Product~ specific questions should be directed to your Account Manager. ORGANIZATION Information Security Risk Management t else Information Security Shared Services Strategy, Architecture & Operations Commercial Solutions Business Continuity Mgmt IT SeaJrity Strategy & Govemance Business Infonnation Security Officers Compliance & Assurance SeOJrity Operations Center Risk Management I,nf_lion Sec""~ ArcMeet,,,, I FinanCial & Risk Infrastructure Security & Engineering Legal Tal & Accounllnll ({ 2017ThomloOJl Reuters. All rlght5 reserved. or ,edistri but>on of Thomson Reuters' content. including by f'~m in9 or simi(", me~ns. is prohibited without the priorw,i1!en corn;.ent of Thomson Reuters. 'ThomloOJl Reu ters' ~nd the Thomson Reuters logo ~'e 'ees . Pub(ic~tion 2018-ICLI -00035 457 2 thomso nreuters.com OUR COMMITMENT OUR APPROACH Information Security Policies and Standards We manage a set of information security Thomson Reuters is committed to its Information Security Risk Management policies and standards which outline program and our charter is approved by the information security and risk management Executive Committee. We have an extended principles that are applied to our people, process and technology practices for team of certified security and privacy subject matter experts located globally and dedicated deploying information systems. to the security of Thomson Reuters' products and services. Additionally, in an ongoing practice focused on continuous improvement we review and OUf strategy is to use a risk-based approach adapt our policies and standards to address to address our compliance requirements. In the many aspects of our products and this way we ensure alignment with business services, evolving threats, regulatory changes priorities and customer need. This is achieved and our customers' requirements for through the application of policies, standards information security. Information Security Risk Management and supporting security controls at a level appropriate to the service being provided. Additionally, our strategy ensures appropriate security controls are communicated to application owners and technology teams across the business to support the secure development of products and a secure operating environment. This is all done to mitigate threats to the confidentiality, integrity and availability of sensitive customer data which we store, process or transmit. Thomson Reuters employs individuals who are trained to identify issues and resolve them as quickly as possible with minimal impact on its customers. Our involvement in industry and government forums and groups is also a demonstration of our proactive approach to understanding and mitigating the threats we encounter in the course of providing robust applications and services to our customers. Our information security policies and standards are aligned to an international standard to provide assurance globally of practices that ensure the confidentiality, integrity and availability of our products and services. Further demonstrating our commitment to a secure opera ting environment is our ongoing certification program focused on our strategic data centers using the ISO 27001 standard. Product Assurance Standards are integral in the development of our products. Product development teams regularly consult with information security subject matter experts in an effort to build security into their applications and services. In addition, Thomson Reuters' Information Security Risk Management team supports a comprehensive application security testing Our Employees All Thomson Reuters employees are subject capability which includes services to perform to a Code of Business Conduct and Ethics. The static and dynamic application security Code sets forth the laws, rules and standards testing and third-party penetration testing. of conduct that apply to our employees in all This program also provides training and the countries where we do business. The Code resources for development staff in the area of is founded on our Trust Principles of in tegrity, secure design and coding, testing, and implementation of their applications. independence and freedom from bias and all employees are required to acknowledge their consen t to abide by its terms. We enforce this Finally, Thomson Reuters' product teams will Code against employees and have and will engage with independent third parties to discipline employees, where appropriate, up perform assessments on select products, to and including dismissal. primarily in the category of SaG audits (previously referred to as SAS 70 Type II audits). Thomson Reuters will at times use contract employment agencies which are required to ensuretheiremployees sign the Code of Business Conduct and Ethics, a nondisclosure agreement which specifies and extends client confidential requirements and an approved contract. ({ 2017ThomloOJl Reuters. All rlght5 reserved. or redistribution of Thomson Reuters' content. inctuding by fr~min9 or simi(,., me~ns. is prohibited without the priorwrinen consent of Thomson Reuters. 'Thomson Reuters' ~nd the Thomson Reuters logo ~re rees. Pub(ic~tion 2018-ICLI -00035 458 3 thomso nreuters.com Infrastructure Security Our products and services are offered through public and private networks. There are tiered controls, including the use of network Vulnerability Scanning Thomson Reuters' Information Security Risk Management team supports a vulnerability scanning and policy compliance service which segmentation, to ensure the appropriate level can be utilized by product and technology of protection to systems and data. teams for internal or external vulnerability scanning and configuration compliance. Internet-facing sites on our global network Virus Protection All Thomson Reuters owned and supported are periodically scanned as a practice in our program focused on vulnerability operating systems which are hosted in our data centers or deployed to customer sites are management. required to be configured with Thomson RiskAssessment Methodology Reuters' antivirus soLution for compliance with our policies and standards. This excludes Thomson Reuters' product and technology operating systems that are not managed by teams engage information security subject matter experts regularly to provide risk Thomson Reuters. For moreinformation about Thomson Reuters' managed and nonassessments services. Architecture reviews, managed products, please contact your vulnerability scans, application security testing and technical compliance reviews are several of Account Manager. the services performed during risk assessment Patch Management activities. We gather and review security threat Following riSK assessment activities Thomson intelligence from our vendors and other third Reuters' Information Security Risk party security organizations. The patch management standard provides appropriate Management team consults with product and patching practices to technology teams for technology teams to develop remediation deploying security patches. At times, plans and road maps to address gaps in additional security controls may be compliance, or areas of identified risK. implemented to provide mitigation against Additionally, our internally-focused Compliance known threats. team performs audits against policies, Security Monitoring standards and regulatory requirements, and Automated and systemic security logging and registers findings for review and remediation monitoring of the operating environment is initiatives within the business. ongoing for the purpose of real-time awareness, event correlation and incident Physical Security All strategic data centers are managed to the response. standards within Thomson Reuters' Corporate Incident Response Security Policy guidelines based on best An ITIL based incident response process exists practices in the industry. Thomson Reuters' guidelines include requirements for physical to address incidents as they are identified. security, building maintenance, fire Incidents are managed by a dedicated incident response team which follows a suppression, air conditioning, UPS with documented procedure for mitigation and generator back-up, and access to diverse power communications. and communications. Thomson Reuters' policy requires that each and every facility be subject Device Lockdown to an audit every 2 years which is measured by a Standard security builds are deployed across grading system that determines the recovery our infrastructure. Our server builds are based level of the site. At such times ill evacuation on industry practices for secure configuration test is also performed. management. A variety of secure methods are used to control System Monitoring access to Thomson Reuters' facilities. Monitoring of sys tems, services and Depending on the sensitivity of the facility, operations are implemented to ensure the these methods may include some or all of the health of the operating environment on which following: the use of security staff, ID cards, our applications run. Management tools are electronic access control incorporating implemented to monitor and maintain an proximity card readers, pin numbers or appropriately scaled and highly available biometric devices. environment. For More Informatioo: More about Corporate Governance on our Investor Relations site at: http/!ir.thornsonreuters.com/ Read about our products at: http://thomsonreuters.com/ Contact us: http://thomsonreuters.com/corltact-us/ You may download a capy af our Cade of Business Conduct and Ethicsby accessing our Investor Relations site above, selecting Corporole Governance and Code of Conduct. Privacy Statement: For a Privacy Statement applicable to the product being acquired, please contact your Account Manager. ({ 2017Thom\.OJl Reuters. All rlghrs reserved. or .edistribution of Thomson Reuters' content. including by f.~min9 or simi(". me~ns, i5 prohibited without the priorw.i1!en consent of Thomson Reuters, 'Thom\.OJl Reuters' ~nd the Thomson Reuters logo ~.e 'ee5, Pub(ic~tion 2018-ICLI -00035 459 4 REUTERS PICTURES THOMSON REUTERS ISO 900l AND ISO 2700l CUSTOMER STATEMENT ..' .... ..:ii(i'::: •... . .. .' .... '-. :.~:: ..e.:.::._. '. ; .. ..: :.~.: 2018-ICLI -00035 460 . THOMSON REUTERS- THOMSON REUTERS ISO 900l AND ISO 2700l Thomson Reuters is serious about safeguarding the security and quality of all the proprietary and third party information that flows through our systems. Consistently delivering secure and accurate information services to customers is of paramount importance to us. To underline our commitment, we have established a global program for the certification of our major data centers and their product delivery systems against two industry-proven global standards: ISO 9001:2008 quality management systems and 150 27001:2013 information security management systems. Qualifying for these certifications has been a complex and challenging process, and we have been successfuL We are confident that we have the right checks, controls, and protocols in place to protect our information and yours. The standards include ongoing monitoring and reviews that will identify and manage any new risks on the horizon. WHY ISO CERTIFICATION Since 1947, the International Organization for Standardization (ISO) has been defining and setting global commercial and industrial standards. While probably best known for ISO 9001, the worldwide de facto standard for quality management systems in the most general sense, ISO is also a leader in information security management systems, the ISO 27001. ISO 27001 is an international standard that sets out the requirements for managing and controlling information security within organizations. Since its first launch in late 2005, ISO 27001 has been rapidly adopted by leading corporate organizations as the de facto standard for information security. The standard is centered on three key information security tenets for maintaining information security: confidentiality, integrity and availability. Broken down into 14 control domains, ISO 27001 2013 revision contains 114 individual security requirements. ISO 9001 is a well-established and internationally-recognized quality management standard that drives continuous process improvement through customer focus. The standard sets out a framework to organize operational processes more effectively and reduce the opportunity for errors. When implemented together, the combined requirements of the ISO 9001 and ISO 27001 standards act in harmony, reinforcing the overall strength of the management system and associated control processes. Key Benefits of the ISO certification to both Thomson Reuters and our customers include: Enhanced customer confidence through an independent certified commitment to information security and quality Alignment of process performance and business drivers to customer requirements A common quality and information security language that customers can understand and relate to A framework for embedding continuous quality and information security improvement discipline into the business Improved organizational communication through transparency of activities, functions and responsibilities Reduced risk by focusing on preventive rather than reactive processes 2018-ICLI -00035 461 RISK-BASED DECISION MAKING Providing the appropriate Level of fisk reduction for information assets is a key ISO 27001 requirement. Thomson Reuters operates a defined process for risk capture, impact assessment, management, and business escaLation. Risk management of security-related risks is captured and recorded in a corporate security risk register. The risk mitigation progress is tracked and, if necessary, escaLated to the appropriate business owner for resolution or acceptance. Risk assessment of information assets is carried out as part of the service lifeo(ycte process and ongoing business risk review activities, to identify appropriate countermeasures for any new information security threats and vulnerabilities. COMPLIANCE GOVERNANCE FRAMEWORK Our senior management team ensures that the ISO certification program maintains and achieves its performance targets. They regularly review the effectiveness of the ISO management system as part of the normal performance review process. ISO management review forum has been established to oversee and manage the operations of the ISO management system and ensure that ongoing compLiance is maintained. CONTINUOUS IMPROVEMENT Gaining joint certification to ISO 27001 and ISO 9001 provides Thomson Reuters with a framework for continuous improvement using the 'PLan, Do, Check and Act' process lifecycte. This ensures that we continually monitor, review, and adjust the effectiveness of our operational processes that underpin our information security management and quality management systems (ISMS and QMS). A program of internaL audits and regular external surveillance audits ensures continued compliance with the standards. INDEPENDENT OPERATIONAL PROCESS ASSURANCE Thomson Reuters has established a gLobaL operational process framework based on industry accepted standards for managing the operation of its data centers, into which the requirements of ISO 27001 and ISO 9001 have been embedded. Consequently, the following processes are independently audited on a regular basis to ensure that compliance to the requirements of ISO standards is maintained: Incident Management detects and manages the resolution of operational incidents (both security and non--security). All reported service-affecting incidents are logged, categorized for severity and impact, and communicated to the appropriate resolving groups for resolution and closure. Customer notifications are also issued in the event of service disruptions. Problem Management carries out root cause analysiS investigation of all high·severity incidents and recurring or systemic low impact service problems with the intent to identify and eliminate the root cause and thus reduce the likelihood of a similar future event. Change Management plans, manages risk, facilitates approval, communicates, coordinates the implementation and validates aU operational changes. Management ensures that the Release implementation and deployment of new services is performed in accordance with corporate standards and best practice prior to operational service. Business Continuity Management ensures the availability and integrity of services, systems, and information in the event of a disastrous loss of a data center or other key environmental facilities. Capacity Management ensures that there is sufficient present and future service delivery capacity to meet the service-leveL support commitments associated with user volumes, resilience, response time or other significant requirements. IT Asset Management ensures that the phYSical, financial, and contractual aspects of IT Assets (hardware and software) are actively managed throughout their operational lifecycle in order to optimize operationaL efficiency, cost, and risk. 2018-)CLH)0035 462 WHO CARR IED OUT THE CERTIFICAT ION? Thomson Reuters chose BSI Management Systems, (a division of the British Standards Institution) to carry out the certification. BSI's combination of internationaL standing in the fieLd and LocaL presence across OUf major business centers around the world made it an ideal partner. Certification through BSt involves a two-step process that first seeks to confirm that the information security and quality management systems have been estabLished in accordance with the standards. Next, a detaiLed audit of the controLs and operationaL processes is carried out. For more information Send us a sales enquiry at thomsonreuters.com/about/contact_us Read more about OUf products at thomsonreuters.com/products_services Find out how to contact your local office thomsonreuters.com/about/locations © 2017 Thomson Reuters. All rights reserved. Republication or redistribution of Thomson Reuters content, including by framing or similar means, is prohibited without the prior written consent of Thomson Reuters. 'Thomson Reuters' and the Thomson Reuters logo are registered trademarks and trademarks of Thomson Reuters and its affiliated companies. 2018-ICLI -00035 463 From : To : Subject : Dat e: Attachments: Come on, you don't really hate to ask .. :) /92 Blue Toyota Tercel - report attached '---_ _---' 2001 GMC - a bunch of private/commercial scans, but NO LE scans this year at all me From: ~b}(6); (b}(7)(C) Sent: Friday, April 20, 2018 1:19 PM To: b)(6);(b}(7)(C) f Subject: RE: NVLS Hi, Hate to ask but ...... . would you mind running 2 more? /92 Blue Toyot a Tercel '----_-1 2001 GMC Thanks!!! Intelligence Research Specialist Narcotics and Gang Group Homeland Security In vestigat ions Office: (7 14) 972¥b)(6):( I Fax: (7 14) 972-4 14 1 r b)(6);(b}(7)(c) Warning: il and any attachments are UNCLASSIFIEDIIFOR OFFICIAL USE ONLY (Ul/FOUO). It contains information t exempt from public release under the. Freedom of Information Act (5 U.S.C. 552). It is to be controlled, sto led, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information an I e released to the public or other personnel who do not have a valid "need-to-know" without prior approval 0 rized DHS official. No portion of this email should be furnished to the media, either in written or verbal form. If y t an intended recipient or believe you have received this communication in error, please do not print, copy, it disseminate, or otherwise use this information. Please inform the sender that you received this message in error and delete the message from your system . From Yh\IflHh\I7\(;\ 2018-1CLl -00035 464 Sent: Thursday, April 19, 2018 1:50 PM T 0 : ~b )(6);(b }(7)(C) Subject: RE: NVLS No problem my friend. Fro m * b)(6l:(b )(7)(C) Sent: Thursday, April 19, 2018 1:49 PM To: Kb)(6);(b)(7}(C) Subject: RE: NVLS Thank you fb)(6);(b}(7)(C) Intelligence Research Specialist Narcotics and Gang Group Homeland Securi ty In vestigations Office: (7 14) 972 ~bX6): (b I Fax: (7 14 972-4 14 1 b)(6);(b)(7}(C) Warning: ail and any attachments are UNCLASSIFIEDIIFOR OFFICIAL USE ONLY (Ul/FOUO). It contains information be exempt from public release under the . Freedom of Information Act (5 U.S.C. 552). It is to be controlle , andled , transmitted , distributed , and disposed of in accordance t to be released to the public or other personnel with DHS policy relating to FOUO information who do not have a valid "need-to-know" without prior appro authorized DHS official. No portion of this email should be furnished to the media, either in written or verbal 0 u are not an intended recipient or believe you have received this communication in error, please do not pn , retransmit, disseminate, or otherwise use this information. Please inform the sender that you received this m in error and delete the message from your system . From: kb)(6):(b)(7}(C) Sent: Thursday, April 19, 2018 1:46 PM To: Kb)(6);(b)(7}(C) Subject: RE: NVLS Hi. No LE scans since January. Only the commercial ones. Fro m ¥ b)(6);(b )(7}(C) Sent: Thursday, April 19, 2018 1:19 PM To :Kb )(6);(b }(7)(C) Subject: NVLS Hey, sorry to bother you again. Today must be t he day for plate inquires .... 2018-1CLl-00035 465 Will you please run CA plate kb)(6);(bX7)( I Th ank you, t han k you ~b)(6); (bX7)(C) .... .... Intelligence Research Specialist Narcotics and Gang Group Homeland Security In vestigations Office: (714) 972i lb)16Hb) I Fax: (714) 972-4 141 r b)(6);(b X7)(c) : This email andanyattachmentsareUNCLASSIFIEDIIFOROFFICIALUSEONLY {Ul/FOUO). lt contains in that may be exempt from public release under the . Freedom of Information Act (5 d, stored, handled, transmitted , distributed, and disposed of in accordance U.S.C. 552). It is to be c with DHS policy relating to FOUO In n and is not to be released to the public or other personnel who do not have a valid "need-to-know" withou roval of an authorized DHS official. No portion of this email should be furnished to the media, either in written al form . If you are not an intended recipient or believe you have received this communication in error, plea t print, copy, retransmit, disseminate, or otherwise use this information. Please inform the sender that you re his message in error and delete the message from your system . 2018-1CLl -00035 466 From : To : Subject : Date: Attachments: Re: NVLS Monday, Ju ly 02,20182:56:26 PM LE.AR~Veh i cle Detection Reoort 07-02-20J8-17-53:J4-937 odf J Hi. Here ya go. I went back to Nov of 2017, kb)(6Hb)(7)(C) I Detective Ora nge County Intellige nce Assessment Center (OCIAC) La Habra Police Department desk (714) 289.j{b)(6):( I ce ll (949) 2791£ii:lliili1 t b)(6);(b)(7}(C) ==:::J Su bm it a Tip or lead atlO (h;;",,'''''. ' ;: ' This informat ion s ered Unc lass if ied 1/ Fo r Official Use On ly 1/ Law Enforcement Sensitive (UIIFO UOI/LESj un le" con tains infor mat ion that may be exe mpt rO ha ~d l e d, transmitted, dimi buted, an d disposed of in accorda ~ c e wit nt of Home land Security policy re lating to FOUO informa tion and is ~ot to be released to the media, pu blic Or other pe rsonnel who do not have a valid "need-to- I not be distr ibu ted beyon d the origina l addressees wit hout prior authorization of t he originator_ Receipt acknowledges a com m itment to co mply with all app llea civil rights, an d civil liberties in the co llectio n, use, analys is, retent ion, destruction, sha ring an d disclosu re of informa tion. From: f b)(6);(b)(7}(C) Sent: Monday, July 2,20182 :52 PM To: kb)(6):(b)(7)(C) I Subject: NVL5 Hi [~!~~H I When you have time will you please run the following plate for LEO scans??? Kb)(6);(b}(7)(C) otherwise noted an d se under the Free dom of Information Act IS USC 5521_ It is to be controlled, stored, IBlack Acura Thanks! f b)(6);(b)(7}(C) Intelligence Research Specialist Narcotics and Gang Group Homeland Security Investigations Office : (714) 972 J1bllfJl"(b I 2018-ICLI -00035 467 ting p rivacy, Fax: (714)972-4141 (WEIMETHC) 2018-ICLI-00035 456 From : To : Subject : Date: Attachments: Re: NVLS Tuesday , February 06. 2018 5:56:34 PM k bl(6)-(bl( bd! Hi. So, it would appear that the vehicle type based on the registration is a Nissan pick up. The LPR doesn't differentiate between license plate states, so after going thru about 2S hits, I think what i have is correct. I did find 2 recent scans that appear to be the correct vehicle and i attached the report. There are no others for that plate. Strangely enough, both scans are on the same day on Feb 1, go figure . Hope you are well. me ~b)(6); (b}(7)(C) IDetective Ora nge County Intellige nce Assessment Center (OCIAC) La Habra Police Department desk (714) 289-3971 ce ll (949) 279-9049 rb)(6);(b)(7}(c) Submit a Tip or lead allii lbtl)i( 7jjj )(EFII This Inform~t i on s con t~ins ==:::J nsidered Unc lass if ied informat ion that may be exem 1/ Fo r Official Use On lv 1/ Law Enforcement Sensitive (UIIFO UOI/lES) un less otherwise noted and lie release under the Freedom of Information Act 15 USC 5521 . It is to be contro lled, stored, ha nd led, transm itted. dimi buted. and disposed of in accor a S. Department of Home land Security policy re lating to FOUO infor mation and is not to be released to the media. pu blic Or other pe rsonnel who do not have a va . ·know· and sha ll not be distr ibu ted beyon d the original addressees without prior authoriza tion of the orig inator_ Receipt acknowledges a comm itment to co mp IKa ble laws protecting p rivacy. civil rights, and civil liberties in the co llection, use. analys is, retent ion, destruction, sha ring and disclosu re of information. From: ~b)(6); (b}(7)(C) Sent: Tuesday, February 6, 2018 3:16 PM TO ¥ b)(6);(b)(7}(C) I Subject: NVLS Will you please run AZ plate ~.l(6);(b}(7)q in NVLS? Thanks 2018-ICLI-00035 469 "",,,,,!;",,,ce Rese,arc,h Specialist Narcotics and Gang Group Homeland Security In vestigations Offi ce: (714) 972-f b)[6);! I Fax: (7 14) 972-4 14 1 t b)(6);(b)(7}(c) . This email andanyattachmentsareUNCLASSIFIEDII FOROFFIC IALUSEONLY{U//FOUO). lt contains inform I may be exempt from public release under the. Freedom of Information Act (5 U.S.C. 552). It is to be con r red, handled, transmitted , distributed, and disposed of in accordance with DHS policy relating to FOUD inform is not to be released to the public or other personnel of an authorized DHS official. No portion of who do not have a valid "need-la-know" without prior If you are not an intended this email should be furnished to the media, either in written or ver recipient or believe you have received this communication in error, please do n 0 y, retransmit, disseminate, or otherwise use this information. Please inform the sender that you received e in error and delete the message from your system. 2018-ICLI -00035 470 From : To : Re: NVLS Subject : Dat e: Attachments : Thursday , January 04, 2018 10:30:31 AM kb)(6l:(b)( I Hi. That MT plate gets around. There are a lot of scans. I attached the report. The other plate hasn't been scanned in about a year. Hope this helps. Kb)(6);(b)(7}(C) Detective Ora nge County Intelligence Assessment Center (OClAC) La Habra Police Department desk (714) 289·kb)(6 1 ce ll (949) 279-kh\IRH I rb)(6);(b)(7}(c) ==:::1 Su bm It a Tip or Lead at :ofh"VQ',VE':;: ' Thi~ in 0 Id be con~idered contains informat ion that may handled, transmitted, d i~tri buted, U ncla~~ ifi ed II Fo r Official Use On ly /I Law Enforcement Sensitive (UI/FO UO/ILES) un less otherwise noted and m publ ic relea>e under the Freedom of Information Act IS USC 552 ). It is to be controlled, stored, and disposed of in ac h US D<:>partment of Home land Security policy re lating to FOUO information and is not to be released 10 the media, pu blic or other pe rsonnel who do not have a addressees without prior autho rization of the or iginator. Receipt ac~nowledges . o·~now· and sha ll not be distr ibuted beyond the original a comm itment to comp lica ble laws protecting privacy, civil rights, and civil liberties 10 the co llection, use, analys is, retent ion, destructIon, sha ring and disdosu re of information. Fro m: fb)(6);(b )(7}(C) Sent: Thursday, January 4,201810:18 AM To: kb)(6l:(b)(7)(C) I Subject: NVLS Hi When you have chance will you please run t he following pla t es for me? Montana License pla t e : ~b)(6); (b) I Oregon License Pla te ~b)(6); (b)(7}(C) Thank you 2018-ICLI -00035 471 f b)(6);(b}(7)(C) Intelligence Research Spec ialist Child Exploi tation Group Homeland Securi ty In vestigations Offi ce: (7 14) 972*6)(6):(1 Fax: (7 14) 972-4 14 1 r b)(6);(b}(7)(c) Warnl email andanyattachmentsare UNCLASSIFIEDI/FOROFFI CIAL USE ON LY{U/lFOUO}.lt contains informatlo be exempt from public release under the . Freedom of Information Act (5 U. S.C. 552) . It is to be controlle , handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information ot to be released to the public or other personnel who do not have a valid "need-to-know" without prior appro authorized DHS official. No portion of this email should be furnished to the media, either in written or verbal 0 are not an intended recipient or believe you have received this communication in error, please do not pnn , etransmit, disseminate, or otherwise use this information. Please inform the sender that you received this me in error and delete the message from your system. 2018-1CLl -00035 472 From : To : Subject : Date: Attachments: Re: NVLS Monday, June 11 , 2018 12:37:35 PM L E.AR~Veh i c le Detect ion Reoort 06:J 1.: -'8.001 Hi. r did thi s from my phone, so hopefull y it worked properl y. There were only 2 scans thi s year, so r attached the report. Not sure if you already have them or not. b)(6);(b)(7 On Jun 11 , 2018 at 12: 16,f b)(6);(b X7)(C) Iwrote: Hi ~~!~~!J I Will you please run the following plate for me ASAP? An agent asked me like 3 weeks ago and I totally forgot.. CA Plate b)(6);(b)(7) r> Thank YOU!!!!! rb)(6);(b)(7)(C) Intelligence Research Spec ialist Narcotics and Gang Group Homeland Security Investi gations Office: (7 14) 972-! b)(!)c! Fax: (714) 972-4141 rb)(6);(b)(7)(c) 2018-ICLI-00035 473 Fro m : b)(6);(b)(7}(C) To : Sub ject : Dat e: Attachments : " Monday, June 04. 2018 3:58:33 PM LE.AR~Veh i cle Detect ion Reoort 06-04- 18.001 Hi. Here ya go. Kb)(6);(b)(7}(C) IDetective Ora nge county Intellige nce Assessment Center (OCIAC) La Habra Police Department desk (714) 289-kb)(61 ce ll (949) 279.j(b)(6):1 t b )(6);(b)(7}(c) Subm it a Tip Or Lead at lliib" , ::> Intelligence Research Specialist Narcotics and Gang Group Homeland Security In vestigati ons Office (7 14) 972 ~b)l6);! I Fax; (7 14) 972-4 14 1 r b)(6);(b}(7)(c) Warning: I hiS emai l an d anyatt ac h me ntsareUI.JCLASSIFIEDIf FO Ft O FFI C I ALUS E OI(.lLf ( U)) ~OUO) . l t 2018-1CLl -00035 482 contains infor at may be exempt from public release under the. Freedom of Information Act (5 U.S.C. 552). It is to be con tored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO infor nd is not to be released to the public or other personnel who do not have a valid "need-to-know" without pno al of an authorized DHS official. No portion of this email should be furnished to the media, either in written or v . If you are not an intended recipient or believe you have received this communication in error, please 0 copy, retransmit, disseminate, or otherwise use this information. Please inform the sender that you receive ssage in error and delete the message from your system. 2018-ICLI-00035 483 From : To : Re: NVLS Subject : Dat e: Attachments : Wednesday. March 07. 2018 6:04:13 PM kbl(6Hbl bd! Hi there .. Sorry i didn't reply sooner .. I was sleeping after my graveyard shift when you emailed me .. 1attached the LPR report.. 1 LE scan that i could find .. hope you are well .. kb)(6):(b}(7)(C) IDetect ive Ora nge County Intellige nce Assessment Center (OCIAC) La Habra Police Depa rtment desk (7141 289.J!iillID1 ce ll (949) 27 9 ~ t b)(6);(b}(7)(C) ==::J Su bmit a Tip or lead at :k.'"V"" VE,:;: , ered Uncl ass if ied 1/ Fo r Official Use On ly 1/ l aw Enforcement s.ensitive (UIIFO UOI/lES) un less ot herwise noted an d This informat ion s 0 con tains informat ion that may be ex empt r I ase under the Free dom of Inform.tion Act 15 USC SSZI_ It is to be controlled, stored, han dled, transm il1ed. dimibute d. an d disposed of in accordance wi tmen! of Home land Se<:uriw policy re lating to FOUO information an d is not to be release d to t he media. pu blic Or other pe rsonnel who do not have a valid "nee · sha ll not be distr ibu ted beyon d t he origina l ad dressees without prior au tho rization of the orig inator. Receipt acknowledges a comm itment 10 comply wit h all ap rotecting privacy, civil rights, an d civil liberties in the co lle<:tio n, use, ana lys is. retent ion, destruction. sha ring an d disclosure of information. f From: b)(6);(b}(7)(C) Sent: Wednesday, March 7, 201810:41 AM To : kb)(6):(b}(7)(C) I Subject: NVLS Hj !~!!!! ~ Will you please run AZ plate i1l}(6);(b}(7)( ! I am only able to pull from commercial databases for now. Thanks! Yb)(6);(b}(7)(C) Intelligence Research Spec ialist Narcotics and Gang Group Homeland Security In vestigati ons 2018-ICLI -00035 484 Office: (7 14) 972J1h)(Rl d Fax: (7 14) 972-4 14 1 f b )(6);(b}(7)(C) War is email andanyattachmentsare UNCLASSIFIEDIIFOROFFI CIALUSE ONLY {U//FOUO). lt contains inform t may be exempt from public release under the . Freedom of Information Act (5 U.S.C. 552) . It is to be con tored, handled, transmitted , distributed, and disposed of in accordance and is not to be released to the public or other personnel with DHS policy relating to FOUO infor who do not have a valid "need-to-know" without p roval of an authorized DHS official. No portion of this email should be furnished to the media, either in written 0 I form . If you are not an intended recipient or believe you have received this communication in error, pleas t rint, copy, retransmit, disseminate, or otherwise use this information. Please inform the sender that you re this message in error and delete the message from your system . 2018-ICLI-00035 485 From : To : Re: NVLS Subject : Dat e: Attachments : Thursday , February 15, 2018 9:50:34 AM ¥h\IRH I 12\.001 Hi there., Well, i am glad you have access, but i am also glad you still need me once in a while :)))) i attached the report that has the LE scans in it .. Hope things are good with you .. ~b)(6); (b}(7)(C) IDetective Ora nge County Intellige nce Assessment Center (OClAC) La Habra Police Depart ment desk (714) cell 289·fh11RI (949) 279 _t h\1R 1 r )(6);(b}(7)(C) ==J Su bm it a Tip or Lead at : ~Wh~\fj (7'j)(£FI \ Thi~ informat ion n~idered U ncl a~~ ifi ed contaim infor mat ion t hat may be exem II For Official Use On ly II Law Enforcement <;emitive (UI/FO UOIILES) un less otherwise noted and lie relea>e under the Free dom of Information Act IS USC 552(. It is to be controlled, stored, ha nd led, transmitted, d i~tri bute d, an d disposed of in aCCOr a D<:>partment of Home land Security policy re lating to FOUO infor mation and is not to be released 10 t he media, pu blic or oth er pe rsonnel who do not have a va I . now · and sha ll not be distr ibu ted beyon d t he origi na l ad dressees Without prior au thorization of the or iginator. Receipt acknowledges a comm itment to comp y civil rights, an d civi l liberties 11\ lica ble laws protecting p rivacy, the co llectio n, use, ana lys is, retent ion, destructio n, sha ring and disdosu re of inform.tion. From: ~b)(6); (b)(7}(C) Sent: Thursday, February 15, 2018 9:35 AM To: Kb)(6);(b}(7)(C) I Subject: NVLS Hi I finally have access to NVLS! But only the commercial system and we are trying to locate a subject of a CP investigation so we can execute an arrest warrant. Would you mind running the following plate for me? r b}(6);(b}(7)(C) Thank you!!!! 2018-ICLI -00035 486 f b)(6);(b}(7)(C) Intelligence Research Specialist Narcotics and Gang Group Homeland Security In vestigations Office: (7 14) 972-16)(6);(6 I Fax: (714) 972-4 14 1 r b)(6);(b}(7)(c) Warning: ail and any attachments are UNCLASSIFIEDIIFOR OFFICIAL USE ONLY (u//FOUO). It contains information be exempt from public release under the. Freedom of Information Act (5 U.S.C. 552). It is to be cantrelle , andled, transmitted, distributed , and disposed of in accordance with DHS policy relating to FOUO information ot to be released to the public or other personnel who do not have a valid "need-to-know" without prior appr n authorized DHS official. No portion of ou are not an intended this email should be furnished to the media, either in written or verba recipient or believe you have received this communication in error, please do not p , retransmit, disseminate, or otherwise use this information. Please inform the sender that you received this e in error and delete the message from your system . 2018-ICLI-00035 487 From : To : Subject : Date: Attachments: Re: NVLS Monday, Ju ly 09, 2018 1 :39:54 PM kbl(6):(bld R~j odf Hi. I actually had to work on the 4th in the evening. :( Such is my life. So, over the past 3 weeks or so, the car has been scanned almost every day at a fixed reader on Harbor Blvd North of Hazard . I only attached a few of those, plus the other LE scan this year. If you want them all, i can try to save it in multiple docs because the files are too big . Just let me know. ~b)(6); (b}(7)(C) IDetective Ora nge County Intellige nce Assessment Center (OCIAC) La Habra Police Department desk ce ll r (714) 289 .j{h\(RlI (949) 279 -lliilliJ b)(6);(b}(7)(c) ==:::J Submit a Tip or lead at : [j~hil"!l,jj "Ic" This informat ion s idered Uncl ass if ied 1/ For Official Use On ly 1/ l aw Enforcement S-ensitive (UIIFO UOI/l ES) un less otherwise noted and con tains informat ion that may be e. emp release under the Freedom of Inform.tion Act 15 USC SSZI_ It is to be contro lled, stored, ha nd led, transm itted. dimi buted. and disposed of in accordance e artment of Home land S&urity policy re lating to FOUO inform ation and is not to be released to the media, pu blic Or other pe rsonnel who do not have a vali w · and sha ll not be distr ibu ted beyon d the original addressees Without prior autho rization of the orig inator. Receipt acknowledges a comm itment to comply WI ble laws protect ing p rivacy, civil rights, and civil liberties in the (o ll&tio n, use, analys is. retent ion, destruction. sha ring and disclosu re of information. From: ~b)(6); (b)(7}(C) Sent: Monday, July 9, 2018 1:25 PM To: Kb)(6);(b}(7)(C) I Subject: NVLS Hi t~1\~U I hope you had a great 4th of July! I have been off work since last Tuesday and it was not easy coming in today ......... When you can will you please run the following plate for me? CA license plate number - tb)(6);(b)(7X I Thanks and I hope all is well 2018-ICLI-00035 488 Inlellige nce Research Spec ialisl NarcOl ics and Gang Group Homeland Sec urity Investigations Office: (7 14) 972{bX6),(b)I Fax: (7 14) 972-4141 2018-ICLI-00035 489 From : b)(6);(b)(7}(C) To : Sub ject : Dat e: Attachments : RE: NVLS Tuesday, May 10, 2016 1:14:22 PM L E.AR~Veh i c le Del ecl ion Reoort 05:JO- l.6.od! Hi. Why sorry? No need to be. We all have work to do. I am here for ya. :) Report for kb)(6): (b)(7}(~ ttached. Nothing on the other plate in t he last 2 years. b)(6);( b)(6);(b)(7}(C) Detective Orange County Intelligence Assessment Center La Habra Police Department Desk: 714-289-[ 6)(6):1 Cell: 949-279-[ 6)(6):( 1 Email: Kb)(6);(b}(7)(C) Submit a Tip or Lead at: khl1711 F I formation should be considered Unclassified II For Official Use Only II Law Enforcement LES) unless otherwise noted andcontains information that may be exempt from Sensitive (U r public release under the Fre f Information Act (5 USC 552). It is to be controlled, stored, handled, transmitted, distributed, and disp in accordance with U.S. Department of Homeland Security policy relating to FOUO information and is not to pased to the media, public or other personnel who do not have a valid "need-to-know" andshall not be distn beyond the original addressees without prior authorization of the originator.Receipt acknowledges a com to comply with all applicable laws protecting privacy, civil rights, and civil liberties in the collection, use, analysis, retention, destruction, sharing anddisclosure of information. II From: Fb)(6);(b}(7)(C) Sent: Tuesday, May 10, 2016 12:28 PM To : khIIRHhll7\lr.,1 Subject: FW : NVLS Hi kb)(6l:ri Thanks 2018-ICLI -00035 490 Fro m : To : RE: NVLS Friday, May 06, 2016 1 :26:51 PM L E.AR~Veh i c le Detection Reoort 05-06- 16.001 Sub ject : Dat e: Attachments : hi. t went back to January. Report attaChed. Maybe ill come by your shop someday and we can grab lunch? Probably the on ly way ill ever see you again :) kb)(6Hb)(7)(C) I Detective Ora nge County Intelligence Assessment Center (OClAC) La Ha bra Police Department desk (714) 289-KiillID] ce ll (949) 279 Kb)(6H I rb)(6);(b)(7)(C) Su bmIt a Tip or Lead an hll7ll l= l T I, hould be con,idered Uncla" if ied contains informat ion that may 1/ Fo r Official U>e On ly 1/ Law Enforcement Sen,itive (UIIFO UOI/LESj unless ot herwi,e noted an d rOm public release under the Free dom of Information Act (5 USC 5521. It is to be controlled, stored, han dled, tran,miued, distributed, an d di,po,ed of In a h u.S. Department of Home land Security policy re lating to FOUO informa tion and is not to be released to the media, pu blic Or other pe rsonnel who do not have a - · ~now· and sha ll not be distr ibu ted beyond the origina l addre"ee, without prior autho rization of the orig inator. Receipt acknowledge, a comm itment to co mp y Ka ble law, protecting privacy. civil rights, and civil liberties in the co llection, use. analys is, retent ion, destruction, sha ring an d disclosure of information. From : kb)(6);(b)(7)(C) Sent: Friday, May 06 , 2016 1 :15 PM To: Fb)(6Hb)(7)(C) I Subject : FW : NVLS Hi Kb)(6);1 When you get a chance would you please run the following plate for me? 2005 Chevy Tahoe License plate numberfb)(6);(b)(7)(C) 1 Thanks! Fb)(6);(b)(7)(C) Intelligence Research Specialist Child Exploitaiton Group Homeland Security Investigations Office : (714) 972-1ib)[6):! 1 Fax: (714) 972{ b)(62:(b l rb)(6);(b)(7)(C) . This email and any attachments are UNC LASSIFIED!!FOR OFFiCiAL US E ONLY (U!!FOUO), It contains info rmation be exempt from publ ic release unde r the , Freed om of Inform ation Act (5 U.s.c. 552). It is to be control led, stored, ha n mitted, distributed, and disposed of in accordance with DHS policy re lati ng to FOUO information and is not to be release ublic or other personnel who do not have a valid "need-to- know" w it hout prior approval of an authorized DHS officla . rtion of this ema il shou ld be f urn ished to the med ia, either in w ritten or ve rba l form . If you are not an inte nded rec ipi elieve you have received this communication in error, please do not pri nt, copy, retransm it, dissem inate, or othe rwi is info rmation. Please inform t he sender that you received this message in error and delete the message f rom your s 2018-ICLI -00035 491 From : To : Subject: Date: Attachments: b)(6);(b)(7}(C) RE: NVLS Thursday, Apri l 28, 2016 4: 14:55 PM LE.AR~Veh i cle Detection Reoort 04-28-1.6 (2) .od! report 3 of 3... kb)(6);(b}(7)(C) Detective Ora nge County Intellige nce Assessment Center (aCIAC) La Ha bra Police Department desk (714) 289- ffiO cell (949) 279KiillID1 r b)(6);(b}(7)(c) Submit a Tip or Lead at: kb)(7}(E) t T l ' ation should be considered Unclassified II For Offi cial Use Onl y II Law UIIFOUOIILES) unl ess otherwise noted and contains information that Enforcement under the Freedom of Information Act (5 USC 552). It is may be exempt from pub IC istributed, and di sposed of in accordance with to be controll ed, stored, handled, transl . U.S. Department of Homeland Security policy re a OUO informat ion and is not to be released to the media, publi c or other personnel who do not ha id "need-to-know" and shall not be di stributed beyond the original addressees without prior author of the originator. Receipt acknowl edges a commitment to compl y with all appli cable laws pro pri vacy, civil ri ghts, and civil li berties in the coll ection, use, analys is, retention , destruction, sharing and di sclosure of information. From: Kb}(6);(b}(7)(C) Sent: t hursday, Apn128, 20164:04 PM To: llh\(flHh\I7\I(;\ I Subject: RE: NVLS Could you run t he plate again and go back as far as January of this year? Intelligence Research Specialist Child Exploitaiton Group Homeland Security Investigations Office : (714) 972-16)(6):(61 Fax: (714) 972-4141 info rmation t a e exempt from publ ic release unde r the . Freedom of Info rmation Act (S U.5.c. 552). It is to be cont rolled, stored, handle, itted, distribut ed, and disposed of in accordance with DHS policy re lati ng to Fa u a information and is not to be released t blic o r other personnel who do not have a valid "need-to- know " without prior approval of an authorized DHS official. n of this email shou ld be furn ished to the med ia, either in written or ve rb al form. If you are not an inte nded rec ipient e you have received t his communica t ion in error, please do not pri nt, copy, retra nsmit, disseminate, or otherwise us fo rmation. Please inform the send er that you received this message in error and delet e the message from your syste From: ~b)(6); (b}(7)(C) 2018-ICLI -00035 492 Sent: Thursday, April 28, 2016 9:07 AM To: kb)(6):(b)(7)(C) I Subject: RE: NVLS yup .. there are qu ite a few recent private scans . I on ly went back to t he end of last month .. if you want me to go back f urt her, just let me know .. repo rt attached .. I kb)(6):(b)(7}(C) Detective Orange County Intelligence Assessment Center (DCIAC) La Habra Police Department desk (714) 2891£iilifii1] ce ll ( t·i. . i handled. transmitted. distrihuted. isnotl<>be 1 Official Use Only II Ul W Enforcement Scnsiti,·c (UI/FOUOIILES) unlcss otherwisc noted I Frc....-dom Act (5 USC 552). It is to be I . stored. i. Ii Ii i ·illi I " ·i , t , i . From kb)(6):(b )(7}(C) Sent: Thursday, April 28, 2016 9:00 AM To:f b)(6);(b)(7}(C) I Subject: NVLS Hi !b)(!);1 When you get a chance will you please run t he following vehicle for me? CA platekb)(6):(b)(7)(C) I Than k you! ~b)(6); (b}(7)(C) Intelligence Research Specialist Child Exploitaiton Group Homeland Security Investigations Office; (714) 972- ,~!!~ib) Fax: (714) 972-4141 [ b)(6);(b)(7}(c) ·n : This email and any attachme nts are UNCLASSIFIED//FOR OFFICIAL USE ONLY (UI/FOUD) . It contains info rmation e exempt f rom publ ic release unde r the. Freedom of Inform ation Act (S U.s.c. 552). It is to be cont rol led, stored, handle, itted, distributed, and disposed of in accordance with DHS policy re lati ng to FDUD information and is not to be released to lic o r other perso nnel who do not have a valid "need-to know" w ithout prior approval of an authorized DH5 official. 0 of this ema il shou ld be f urn ished to the med ia, either in written or ve rb al form. If you are not an inte nded rec ipient o r ou have received t his communication in erro r, please do not print, copy, retra nsmit, dissem inate, or otherwise use ation. Please inform the sender that you receive d this message in error and delete the message from your system. 2018-ICLI -00035 493 From : To : Subject: Date: Attachments: RE: NVLS Thursday, Apri l 28, 2016 4: 14:05 PM LE.AR~Veh i cle Detect ion Reoort 04-28- 1.6 (ll .Ddt re rt20f3 .. b)(6);(b)(7}(C) Detective Ora nge County Intellige nce Assessment Center (OCIAC) La Ha bra Police Department desk (714) 289- t b)(6li cell (949) 279 Wbl(6l:1 l r b)(6);(b}(7)(c) mit a Tip or Lead at: i h\I7\( F \ I This in 'on should be considered Unclassified II For Offi cial Use Onl y II Law IFOUOIILES) unl ess otherwise noted and contains information that Enforcement Sensl der the Freedom of Information Act (5 USC 552). It is may be exempt from publi c re ributed, and di sposed of in accordance with to be controll ed, stored, handled, transmIt U.S. Department of Homeland Security policy relating UO informat ion and is not to be released to the media, publi c or other personnel who do not have . "need-to-know" and shall not be di stributed beyond the original addressees without prior authonz the originator. Receipt acknowl edges a commitment to compl y with all appli cable laws prote . pri vacy, civil ri ghts, and civil li berties in the coll ection, use, analys is, retention , destruction, sharing and di sclosure of information. From: ~b)(6); (b}(7)(C) Sent: Thursda , A ri128, 20164:04 PM To: b)(6);(b)(7}(C) Subject: RE: NVLS Hey ~ Cou ld you run t he plate again and go back as far as January of this year? f b)(6);(b)(7}(C) Intelligence Research Specialist Child Exploitaiton Group Homeland Security Investigations Office : (714) 972 ~b)(6): (b l Fax: (714) 972-4141 r b)(6);(b}(7)(c) War -s email and any attachme nts are UNCLASSI FIEDIIFDR OFFiCiAL USE ONLY (UII FOUD) . It contai ns info rmation that m mpt from publ ic release unde r the . Freedom of Info rmation Act (5 U.5.c. 552). It is to be cont rolled, stored, handled, tra distribut ed, and disposed of in accordance with DHS policy re lati ng to FOUO information and is not to be released to t e r other personnel who do not have a valid "need-to- know " without prior approval of an authorized DHS official. No p this email shou ld be furn ished to the med ia, either in written or ve rb al form. If you are not an inte nded rec ipient o r u have received t his communica t ion in error, please do not pri nt, copy, retra nsmit, disseminate, or otherwise use t ation. Please inform the send er tha t you received this message in error and delet e the message from your system. From :f b)(6);(b }(7)(C) 2018-IC LI -00035 494 Sent: Thursday, April 28, 2016 9:07 AM To ¥ b)(6);(b)(7}(C) I Subject: RE: NVLS yup .. there are qu ite a few rec ent private scans. I on ly went back to t he end of last month .. if you want me to go back f urt her, just let me know .. repo rt attached .. Wh\IflHh\(7)(;\ I Detective Orange County Intelligence Assessment Center (DCIAC) La Habra Police Department desk (714) 289-1!JilliiD ce ll (949) 279 -k'b}(6U r b)(6);(b}(7)(C) • i or Lead i . , and t· i . . i handled. transmitted. distrihuted. isnotl<>be 1 Official Use Only II Ul W Enforcement Scnsiti,·c (UlIFOUOIlLES) unlcss otherwisc noted I Frc....-dom Act (5 USC 552). h is to be I . stored. i. Ii Ii i ·illi I " ·i , t , i . From : kb}(6l:(b}(7}(C) Sent: Thursday, April 28, 2016 9:00 AM To:kb}(6l:(b}(7)(C) I Subject: NVLS Hi FbX6);1 When you get a chance will you please run t he following vehicle for me? CA platekb)(6);(b}(7)(C I Intelligence Research Specialist Child Exploitaiton Group Homeland Security Investigations Office; (714) 972 1(b)(6);(b ) Fax: (714) 972-4141 r (6);(b)(7}(c) Warnl email and any attachme nts are UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO) . It contains info rmation that may mpt f rom publ iC release unde r the. Freedom of Inform ation Act (S U.s.c. 552). It is to be cont rol led, stored, handled, tra n distributed, and disposed of in accordance with DHS policy re lati ng to FDUD information and is not to be released to the r other perso nnel who do not have a valid "need-to know" w ithout prior approval of an authorized DH5 official. No p f this ema il shou ld be f urn ished to the med ia, either in written or ve rb al form. If you are not an inte nded rec ipient o r ou have received t his communication in erro r, please do not print, copy, retra nsmit, dissem inate, or otherwise use mation. Please inform the sender that you receive d this message in error and delete the message from your system. 2018-ICLI -00035 495 Fro m : To : Subject : Dat e: Attachments : RE: NVLS Thursday , Apri l 28 , 2016 9 :06:52 AM LE.AR~Veh i cle Detect ion Reoort 04-28- 1.6.001 yup .. there are quite a few recent private scans .. I only wen t back to the end of last month. if you want me to go back further, just let me know .. report attaChed .. I kb)(6Hb)(7)(C) Detective Orange County Intellige nce Assessment Center (OCIAC) ce ll (949) 279 r b )(6);(b}(7)(C) i or L e~d at : wwwOOAC ca i Qy This infQrmat iQn shQU d Uncl ass ified II FQr Official Use Only II Law EnfQrcement Sensitive (UIIFO UOIILESI un less Qt herw ise nQted an d wn tains informat ion that may be exempt from pu nder the Freedom of Informotion Act 15 USC 5521· It is to be controlled, stored, ha nd led, transmitted. distri bu ted. an d disposed of in accordance with U. HQme land Security PQlicy re lating tQ FOUO infQrma tion an d is not to be released to the medIa. pu blIc or other pe rsonnel who do not have a valid "need-ta-know " e distr ibu ted beyond the origi na l ad dressees without prior au thorizallon Qlthe Qriginator. Receipt acknQwledges a comm itment tQ comply with all app l lc~ b l e law iv~cy , civil rights, and civil liberties in the cQ llectiQn, use, ana lys is. retent ion, destruction. sha ring and disclosure of information. From: kb)(6Hb}(7)(QI Sent: Thursday, April 28, 20169:00 AM To: kb)(6):(b)(7)(Q I Subject: NVlS HiFb)(6);1 When you get a chance will you please run t he following vehicle for me? CA plate Kb)(6);(b}(7)( I Thank you! ~b)(6); (b}(7)(C) Intelligence Research Specialist Child Exploitaiton Group Homeland Security Investigations Office ; (714) 972FbX6);(b l Fax: (714) 972-4141 r b )(6);(b}(7)(c) Warn email and any attachme nts are UNCLASSIFIED//FOR OFFiCiAL USE ONLY (U//FOUO) , It contains info rmation that may t from publ iC release unde r the , Freedom of In formation Act (5 U.s.c. 552). It is to be cont rol led, stored, hand led, trans istributed, and disposed of in accordance with DH5 policy re lati ng to FOUO information and is not to be released to the pu ther personnel who do not have a valid "need-to- know" without prior approval of an authorized DH5 official. No portio email shou ld be furn ished to the med ia, either in written or verba l form. If you are not an intended recipient o r be liev e received this communication in error, please do not print, copy, retra nsmit, dissem ina te, or otherwise use t his in 0 'on. Please inform the sender that you receive d this message in error and delete the message from your system. 2018-ICLI-00035 496 From : To : Subject : Dat e: Attachments: RE: NVLS Tuesday, October 17. 2017 10:22:12 AM kb)(6):(b)( txn. Hiya .. here ya go .. I went back to the beginning of July .. hope things are good .. From: kb)(6):(b}(7)(C) Sent: Tuesday, October 17, 201 7 10:16 AM To lib )(6);(b }(7)(C) Subject: NVLS Hi kb)(6): 1 When yo u have time will yo u please run the following plate for me. 2017 Kia -license plate # 10)(6);(b)(7}(1 Thank you! f b)(6);(b)(7}(C) Intelligence Research Specialist Child Exploitat ion Group Homeland Security In vestigat ions Office: (714) 972-l(b)(6) e under the Free dom of Inform ation Act IS USC 5521. It is to be controlled, stored, .S. ~par tment of Home land Security policy re lating to FOUO informa tion an d han dled, transmitted. distri bu te d. an d disposed of in ace is not to be release d to the medIa. pu blIC or othe r pe rsonnel who do not have a va' " and sha ll not be distr ibu ted beyond the origi nal ad dressees Wit ho ut prio r autho riza tion of the or iginator. Receipt acknowledges a comm itment to comply with a a rotecting privacy, civil rights, and civi l libe rties 10 the co llectio n, use. analysis, retent ion, dest ructIon . sha ring and disdosu re of inform.lion. From: ~b)(6); (b)(7}(C) Sent: Thursday, October 5, 2017 8:06:32 AM To :Kb)(6);(b}(7)(C) I Subject: Re: NVLS ok" well, i wasn't too sure .. here is who that is: b)(6);(b}(7)(C) MW, 603/180/G RY /BRN TX DL # kb)(6):(b)(7}(c l CA Index # X0892313 (index numbers dont have identifying info associated with them, including photos) r b }(7)(E) SSN kb )(6);(b )(7}(C) I attached his TLO public records check report .. he is below the radar right now as far as i can tell.. at least, as far as stuff on paper .. he has priors for dope including some federal BOP time .. 2018-ICLI -00035 502 Kb)(6);(b}(7)(C) IDetective Ora nge County Intellige nce Assessment Center (OClAC) La Habra Police Department desk (714) 289 ¥ b)(6) I ce ll (949) 279_¥b)(6); r I b )(6);(b}(7)(C) Su bm it a Tip or Lead at '. ~kb~l~ (7'l'~EIl==::J hould be considered Unc lass ified II Fo r Official Use On ly II le under the Freedom of Information Act (S USC 5521. It is to be controlled, stored, contains information that ma handled, transmitted, distributed, and disposed of in a h US Department of Home land Security policy re lating to FOUO information and is not to be released 10 the media. pub lic or other pe rsonnel who do not have a -~ now· and sha ll not be distr ibu ted beyond the original addressees without prior autho rization of the originator. Receipt acknowledges a comm itment to comp y able laws protecting privacy. civil rights, and civil liberties In the co lleC\lon, use. analys is, retent ion, destruction. sha ring and disdosu re of information. From: ~b)(6); (b}(7)(C) Sent: Thursday, October 5, 2017 7:54 AM TO : ~b)(6); (b}(7)(C) I Subject: RE: NVLS Absolutely!! ! Sent with BlackBerry Work (www.blackberry.com) From: Kb)(6);(b}(7)(C) Date: Thu r sday, Oct 05,2017,7:45 AM To : Kb)(6);(b}(7)(C) Subject: Re: NVLS this photo is a bit dated" do you think this could be the same guy? ~b}(6); (b}(7)(C) IDetective Orange County Intellige nce Assessment Center (OCIAC) La Habra Police Department desk (714) 289 - ~ ce ll (949) 279 ¥ b)(6);1 t )(6);(b}(7)(c) Submit a Tip or lead at:kb}(7)( E) 'I'llis iilfoliliat'olisiiouid be co IsidEle d b clossTed S Fe Sfficoa l "sc eli l, S 1:0 .. E ,FoiCe i EI 2018-ICLI -00035 503 t Se is't"OC (tI//f etl8f,1l ES j " Ie!! el r ! 'Ie e1!~ e d nformat ion that may be exempt from publ ic release under the Freedom of Information Act 15 USC 5521 . It is to be controlled. stored, han dled. transmitted, disl" -n accordance with US [)(>partment of Home land Security policy re lating to FOUO information an d is not to be release d to the media. pu blic or other pe rsonnel who 0 no -know · and sha ll not be distr ibu ted beyond the original ad dressees without prior authorization of the or iginator_ Receipt acknowledges a comm itment to comply wit a ,n provacy. civil rights, and civil liberties in the co llection, use. analys is. retent ion, destruction. sha ring and disclosure 01 information. From: Kb)(6);(b}(7)(C) Sent: Wednesday, October 4,20174:36 PM To : kb)(6);(b)(7}(C) I Subject: RE: NVLS Thanks! t This is what I know. He goes by the moniker b}(6);(b}(7)( I. I believe his name is Fb)(6);(b}(7)(C) approximate age mid to late 60's if not older. He is married to kb)(6Hb}(7)(C) t DOB is Kb)(6);(b}(7)( and her CDL is kb)(6Hb)(7}(c l His address is kb)(6Hb)(7)(C) I Bellfower and his Facebook I page is kb)(6Hb}(7)(C) I His Facebook page doesn't show much, but his daughters page (kb)(6);(b)( I has a recent photo of the two of them dated Sept 23, 2'CO~1~7lD.~kb~)(~"~E~);,~~~~=:J kb}(7)(E) I CA plate kP)(6Hb)(7)( Irgistered to his daughter ~b)(6); (b)(7}(C) Eb)(6);(b)(7}(C) ;;; ;;; Intelligence Research Spec ialist Child Exploitati on Group Homeland Security In vestigati ons Office: (7 14) 972-1 b)(6);(j Fax: (7 14) 972-41 4 1 rb}(6);(b}(7)(C) . This email andanyattachmenlsare UNCLASSIFIE DI/FOROFFI CIAL USE ON LY{U//FOUO} .11 contains infor at may be exempt from public release under the . Freedom of Information Act {5 U.S.C. 552}. It is to be con ored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO inform is not to be released to the public or other personnel who do not have a valid "need-to-know" without prior I of an authorized DHS official. No portion of this email should be furnished to the media, either in written or ver If you are not an intended recipient or believe you have received this communication in error, please do no 0 y, retransmit, disseminate, or otherwise use this information. Please inform the sender that you received t e in error and delete the message from your system . From : kb)(6Hb}(7)(C) Sen : W n , October 04, 20 172:54 PM To: b)(6);(b}(7)(C) Subject : Re: NVLS hi. . here ya go .. report attached .. there are a LOT of scans, almost all of them from fixed readers in the IE. I included a few to give you an idea, as well as 1 or 2 from when it looks like 2018-ICLI -00035 504 the vehicle is parked. i will gladly give the attempt to ID a shot .. send me whatever you have or want to send .. :) Kb)(6);(b}(7)(C) I Detective Ora nge County Intellige nce Assess ment Center (OCIAC) La Habra Police Department desk (714) 289 ¥b)(6 \:1 ce ll (949) 279 ~ f b)(6);(b}(7)(C) ==::J Su bmIt a Tip or Lead at :W[!"""il ' ll " £', ' Th l~ Information ~hou ered U nc l a~~ ifi e d contains information that may be exemp II Fo r Official U~e On ly II Law Enforcement Sen~itive (U/IFO UOIILESj un l e,~ otherw i~e noted an d ic relea>e under the Free dom of Information Act (5 USC 5521. It han dled. transmitted, distributed, an d disposed of in accor a i~ not to be re l ea~ed to the medIa. pu blIC or other pe r~onnel who do not have a d ·t o-~now· and ad dressees wit hout prior authoriza tion of tile originator. Receipt acknowledges a comm itment to civil right~. and civi ll i bertie~ In the co llection, u~e. analy~ i ~. i~ to be controlled, >tored, S Department of Home land Security policy re lating to FOUO informa tion an d retent ion. de~tructlon. ~ha ri ng and di~clo~u re ~ha l l not be dim ibu ted beyond the original til all app lica ble laws protecting privacy. of inform " I Fro m: kb)(6):(b , )(7)(C) , Sent: Wednesday, October 4,201710:19 AM f To: b)(6);(b)(7}(C) I Subject: NVLS H ;tb)l6)~ 1 When you have a chance will you please run CA plate ~E)(6);(b)(7}( Ithrough NVLS? Hope all is well! Thanks! On a side note, I have tried, unsuccessfully, to identify a Nomad with the Vagos. Would you be able to help?? f b)(6);(b}(7)(C) Intelligence Research Specialist Child Exploitation Group Homeland Security Investigations Office: (714) 972 -[b](6):(b l Fax: (714) 972-4141 2018-ICLI -00035 505 t b )(6);(b X7)(C) Warning: This email andanyattachmentsareUNCLASSIFIEDI/FOROFFICIALUSEONLY (U//FOUO).1t c s information that may be exempt from public release under the. Freedom of Information Act {5 U.S.C. 55 controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to malion and is not to be released to the public or other personnel who do not have a valid "need-la-know" W I . roval of an authorized DHS official. No portion of this email should be furnished to the media, either in written rm. If you are not an intended recipient or believe you have received this communication in error, please copy, retransmit, disseminate, or otherwise use this information. Please inform the sender that you receive e in error and delete the message from your system . 2018-ICLI -00035 506 From : To : Subject : Date: Attachments: Re: NVLS Thursday, October 05. 2017 8:08:49 AM kb}(6);(b}(n BELLFLOWER - CA - Peoole - 2017- 10-05 .odf ok" well, i wasn't too sure .. here is who that is: CA Index n _ (index numbers dont have identifying info associated with them, including photos) r }(7)(E) b SSN ~b)(6); (b}(7)(C) I attached his TlO public records check report .. he is below the radar right now as far as i can tell.. at least, as far as stuff on paper .. he has priors for dope including some federal BOP time .. kb)(6):(b)(7}(C) IDetective Ora nge County Intelligence Assessment Center (OClAC) La Habra Police Department desk(714)289 ~ ce ll (949) 279-kb)(6 1 r b }(6);(b}(7)(C) Su bm ,t a Tip or Lead at : kb)(7)(E) Th ,~ onformat ion ~houl d be con~t d II Fo r Official U~e On lv II Law Enforcement con tains informat ion that may be exempt from publ ic release Sen~itive (UIIFO UOIILESj un l e~~ otherwi~e noted and m of Information Act IS USC 5521 . It is to be controlled, stored, handled, transmitted. distributed. and disposed of in accordance with US [)(>partment 0 is not to be released to the media. pu blIC or other pe rsonnel who do not have a valid "need-to-~now· it olicy re lating to FOUO information and and sha ll not be I d the original ad dressees wit hout prior authoriza tion of the originator. Receipt acknowledges a comm itment to comply with all app lica ble laws protecting privacy. civil rights, and dvilliberties in the co llecllon, use. analys is, retent ion, destruction. sha ring and disclosu re 01 information. From: ~b)(6); (b}(7)(C) Sent: Thursday, October 5, 2017 7:54 AM To:kb)(6):(b)(7}(C) I 2018-ICLI-00035 507 Subject: RE: NVLS Absolutely!!! Sent with BlackBerry Work (www.blackberry.com) From: Fb)(6);(b}(7)(C) Date: Thursday, Oct 05,2017,7:45 AM To : ~b )(6);(b )(7}(C) Subject: Re: NVLS this photo is a bit dated" do you think this could be the same guy? ~b)(6); (b)(7}(C) I Detective Ora nge County Intellige nce Assessment Center (OCIAC) La Habra Police Department desk (714) 289¥b)(6):1 ce ll (949) 279kb)(6l: I r b)(6);(b}(7)(c) ==::J Subm it a Tip Or Lead at : "Fh"'!l o~,,'E'"' This informat ion shoul d be can ified 1/ For Official Use On ly 1/ Law Enforcemen t Sensitive IUIIFOUO//LES) un less otherw ise noted an d wn tains informat ion that may be exempt from public re ea reedom of Informotion Act IS USC 5521 _It is to be controlled, stored, ha nd led, transmitted, distri bu ted, an d disposed of in accordance with U.S. Departmen urity policy re lating to FOUO infor mation an d is not to be released to the med ia, pu blic Or other pe rsonnel who do not have a valid "need-to·know " and sha ll not e and the origi na l ad dressees Wit hout prior authorization of the or iginator. Receipt acknowledges a comm itment to comply with all app lica ble laws protecting pnv civil rights, and civil liberties in the co llectio n, use, ana lys is, retent ion, destruction, sha ring and disclosu re of information_ From: ~b)(6); (b}(7)(C) Sent: Wednesday, October 4, 2017 4 :36 PM To :fb)(6);(b }(7)(C) Subject: RE: NVLS Thanks! f This is what I know. He goes by t he moniker b)(6);(b}(7)(C) I I believe his name is¥b)(6):(b}(7)(C) approximate age mid to late 60's if not older. He is married toKb)(6);(b}(7)(C) I I kb)(6Hb)(7) a nd her CDL is kb)(6):(b)(7}(C) His address is Kb)(6);(b}(7)(C) page is kb)(6Hb)(7)(C) I DOB is ~ Bellfower and his Facebook l His Facebook page doesn't show much, but his daughters page (J(b)(6);(b}(i) has a recent phot o of the two of them dat ed Sept 23, 2017. Kb}(7)(E) ~b)(7)( E ) I CA plate Kb)(6);(b)(7}( Irgistered to his 201B-ICLI -00035 50B I daughter Kb)(6);(b}(7)(C) ~b)(6); (b}(7)(C) :;0 r :;0 Intelligence Research Specialist Child Exploitation Group Homeland Security Investigations Office (714) 972{~!!~ib) 1 Fax: (714) 972-4141 b )(6);(b}(7)(c) Warning. ail and any attachments are UNCLASSIFIEDIIFOR OFFICIAL USE ONLY (Ul/FOUO). It contains information be exempt from public release under the. Freedom of Information Act (5 U.S.C. 552). It is to be controlle , handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information t to be released to the public or other personnel who do not have a valid "need-to-know" without prior appro authorized DHS official. No portion of u are not an intended this email should be furnished to the media, either in written or verbal 0 recipient or believe you have received this communication in error, please do not pn, retransmit, disseminate, or otherwise use this information. Please inform the sender that you received this m ge in error and delete the message from your system . From: kb)(6);(b}(7)(C) • Sent : Wednesday, October 04,20172:54 PM To :ib)(6)J~)(7)(C) I Subject : Re: NVLS .I hi. . here ya go .. report attached .. there are a LOT of scans, almost all of them from fixed readers in the IE. I included a few to give you an idea, as well as 1 or 2 from when it looks like the vehicle is parked. i will gladly give the attempt to ID a shot .. send me whatever you have or want to send .. :) kb)(6):(b)(7)(C) I Det ect ive Ora nge County Intelligence Assessment Cent er (OClAC) La Ha bra Police Department 289kh11RI·tI (949) 2 7 9 ¥ b)(6); 1 desk (714) ce ll t b )(6);(b}(7)(C) Su bmit a Tip Or Lead at : ~kb;)XiI 7li )( E~)L=::J This informal lo idered Uncl ass ified 1/ Fo r Official Use Only 1/ Law Enforcement Sensitive (UIIFO UOI/L E5) un less ot herw ise noted and con tains informat ion that may be ex empt r e under the Free dom of Inform.tion Act 15 USC 55ZI· It is to be controlled. stored, ha nd led, Iransmilled, distri buted. an d d isposed of in accordance with U. Home land Security policy re lating to FOUO informa tion and is not to be release d to the medIa. pu blIC or other pe rsonnel who do not h. ve a valid "need-to-know , istr ibu ted beyon d the original ad dressees without prior au tho rization of the orig inator. Receipt acknowledges a comm itment to comply with all app lICa ble laws pr 2018-1CLl-00035 509 ci~il rights, an d ci~i ll i berties in the co llection, use. analys is, retent ion, destruction, sha ring an d disclosu re of information. From: Kb)(6);(b}(7)(C) Sent: Wednesday, October 4, 201710:19 AM To :Kb)(6);(b)(7}(C) I Subject: NVLS H ;Kb)(6) i, When you have a chance will you please run CA plate Kb)(6);(b}(7)( ~ hrough NVLS? Hope all is well! Thanks! On a side note, I have tried, unsuccessfully, to identify a Nomad with the Vagos. Would you be able to help?? Intelligence Research Specialist Child Exploitation Group Homeland Security Investigations Office : (714) 97 U bl(6Hbl l Fax: (714) 972-4141 b)(6);(b}(7)(c) t Warning: This e any attachments are UNCLASSIFIEDIIFOR OFFICIAL USE ONLY (Ul/FOUO). It contains information that ma m t from public release under the . Freedom of Information Act (5 U.S.C. 552). It is to be controlled, store , transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is n released to the public or other personnel who do not have a valid "need-to· know" without prior approval 0 a rized DHS official. No portion of this email should be furnished to the media, either in written or verbal form. If y ot an intended recipient or believe you have received this communication in error, please do not print, cop , mit, disseminate, or othelWise use this information. Please inform the sender that you received this message in error and delete the message from your system. 2018-ICLI -00035 510 From : To : Re: NVLS Wednesday. October 04. 2017 2:54 :13 PM Subject : Dat e: Attachments : kb)(6):(b 1.00\ hi .. here ya go .. report attached .. there are a LOT of scans, almost all of them from fixed readers in the IE. I included a few to give you an idea, as well as 1 or 2 from when it looks like the vehicle is parked. i will gladly give the attempt to ID a shot.. send me whatever you have or want to send .. :) kb)(6Hb)(7)(C) l Detective Ora nge County Intelligence Assessment Center (OClAC) La Habra Police Department desk(714)289 ~ ce ll (949) 279--1£iiliill1 fb}(6);(b}(7)(C) Su bm it a Tip or Lead at:,ltb " ,,, aO)(",:;,==::J Thi~ information ~hou red U ncla~~ ifi ed contains informat ion that may be exempt r handled, tra nsm itted. d i~tri bute d. II Fo r Official Use Only II Law Enforcement Sensitive (UIIFO UOIILES) un less otherwise noted and elea.e under the Free dom of Information Act IS USC 5521. It is to be controlled, stored, and disposed of in accordane D<:>partment of Homeland Security policy re lating to FOUO information and is not to be released 10 the media. pu blic or other pe rsonnel who do not have a va I -~ now· and sha ll not be distr ibu ted beyond the original ad dressees without prior autho rization of the or iginator. Receipt acknowledges a comm itment to comp civil rights, and civil liberties In plica ble laws protecting privacy, the co llect io n, use, analys is, retent ion, destruction, sha ring and disdosure of inform.tion. f From: b)(6);(b}(7)(C) Sent: Wednesday, October 4, 2017 10:19 AM To: Kb)(6);(b}(7)(C) I Subject: NVLS Hi ! bX6);Q When you have a chance will you please run CA plate kb)(6):(b)(7}( 1through NVLS? Hope all is well! Thanks! On a side note, I have tried, unsuccessfully, to ident ify a Nomad with the Vagos. Would you be able t o help?? 2018-ICLI -00035 511 f b )(6);(b X: )(c) " I Intelligence Research Specialist Child Exploitat ion Group Homeland Security In vest igations Office; (7 14) 972-1i!illilll Fax; (7 14) 972-4 14 1 r b)(6);(b}(7)(c) Warning: This d any attachments are UNCLASSIFIEDI/FOR OFFICIAL USE ONLY {U//FOUO}. It contains information that xempt from public release under the . Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stor , led, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information an 0 be released to the public or other personnel who do not have a valid "need-Io-know" without prior approva ulhorized DHS official. No portion of this email should be furnished to the media, either in written or verbal for are not an intended recipient or believe you have received this communication in error, please do not prln , retransmit, disseminate, or otherwise use this information. Please inform the sender that you received this e in error and delete the message from your system. 2018-1CLl-00035 512 From : To : Re: NVLS Tuesday, June 13. 2017 2:25:32 PM Uh\lR\"{ lOO! Subject : Date: Attachments: Oh, I can only imagine ... where are you guys goin? the scan report is attached .. the only one this year .. the last one was in 2015 .. kb)(6l:(b)(7)(C) I Detective Ora nge County Intellige nce Assessment Center (OCIAC) La Habra Police Department desk (714) 289-@R} ce ll (949) 279-fiiliiiJ rb)(6);(b}(7)(C) Su bm it a Tip or Lead at: Wh\I7\IF \ -nformat ion should be conSidered Uncl ass ified II For Official Use On ly II Law Enforcement Sensitive (UIIFO UOIIl ESj un less otherwise noted and exe mpt from publ ic release under the Freedom of Informotion Act IS USC 5521_ It is to be contro lled, stored, con tains in/orma I ha nd led, transm itted. distri buted. and dispos ance with U.S. Department of Home land Se.;urity policy re lating to FOUO infor mation and is not to be release d to the media, pu blic Or other pe rsonnel who do no " eed-to·know" and sha ll not be distr ibu ted beyon d the original addressees Without prior autho rization of the orig inator. Receipt acknowledges a comm itment to c IlCa ble laws protect ing p rivacy. civil rights. and civil liberties in the co llectio n, use, analyS iS. retent ion, destruction. sha ring an d disclosu re of information_ From: Kb)(6);(b}(7)(C) Sent: Tuesday, June 13, 2017 2:21 PM I To :l(b)(6);(b}(7)(C) Subject: RE: NVLS Thank ~~~~; ( All is well here. I will be going on vacation tomorrow and this day can't end fast enough! I have one more plate for you when you have a chance . CA plate Kb)(6);(b}(7)1 Thanks much!!! ~b)(6); (b}(7)(C) Intelligence Research Specialist Child Exploitaiton Group Homeland Security Investigations Office : (714) 972-Fb)(6):q Fax: (714) 972-4141 rb)(6);(b}(7)(c) a email and any attachments are UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains In hat may be exempt from public release under the. Freedom of Information Act (5 U.s.c. 552). It IS oiled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating 2018-ICLI -00035 513 ormation and he public or other personnel who do not have a valid "need -to-know" is not to be re ficial. No portion of this email should be without prior approval of an author! furnished to the media, either in written or verbal form . an intended recipient or believe you have received this communication in error, please do not print, copy, 't disseminate, or otherwise use this information. Please inform the sender that you received this message in error and delete the message from your system. From: tb)(6);(b)(7}(C) Sent: Tuesday, June 13, 2017 2:16 PM To: I ~b)(6); (b)(7}(C) Subject: Re : NVLS Hello my friend. I am doin ok. Hope stuff is good with you. The report for this plate is attached. b)(6);(b}(7)(C) L _ _ _ _---' Detective Orange County Intelligence Assessment Center (OClAC) La Habra Police Department desk (714) 289* 6)(6);1 cell (949) 279 -iiilllli] b)(6);(b}(7)(C) f Submit a Tip or Lead aq b}(71IEl 00 • I 0 )m""'llQ ormation should be considered Unclassified II For Official Use Only II Law Enforceme;;ni'l"';"'l.\i!it~i've (UIIFOUO//LES) unless otherwise noted and contains information that may be exempt fromrpii:uibliGJ:lo1l~ eiase under the Freedom of Information Act (5 USC 552). It is to be controlled, stored, handled, tr:;;a"'n- " "ed, distributed, and disposed of in accordance with U.S. Department of Homeland Security policyi11r~'"'~to FOUO information and is not to be released to the media, public or other personnel who do' n""" "'ve a valid "need-to-know" and shall not be distributed beyond the original addressees without prioiir'":lt,,",Qir: !'ization of the originator. Receipt acknowledges a commitment to comply with all applicable laWr"l""l1t,ecting privacy, civil rights, and civil liberties in the collection, use, analysis, retention, destruction, sharing and disclosure of information. From:rb)(6);(b)(7}(C) Sent: Tuesday, June 13, 201712:36 PM To: ~b)(6); (b)(7}(C) Subject: NVLS Hi 16)(6);11 I hope all is well. Will you please run the following plate in NVLS? tb}(6);(b}(7)(C) I Thanks! ~b}(6); (b}(7)(C) , Intelligence Research Specialist 2018-ICLI -00035 514 Child Exploitaiton Group Homeland Security Investigations Office: (714) 972-ie[rsonnel who do not have a valid "need -to-know" without prior approval of an authorized DHS offic·","'". "" ortion of this email should be furnished to the media, either in written or verbal form . If y not an intended recipient or believe you have received this communication in error, please do not copy, retransmit, disseminate, or otherwise use this information. Please inform the sender that yo this message in error and delete the message from your system. 2018-ICLI -00035 524 eived From : To : Sub ject : Dat e: Attachments : hi .. yup .. here you go .. 2 reports .. I Det ective kb)(6):(b)(7)(C) Ora nge County Intellige nce Assessment Center (OCIAC) La Ha bra Police Department desk (714) 289 -kb)(6)1 ce ll (949) 279 -kb)(6):1 f b)(6);(b)(7}(C) Submit a Tip or lead at : k b)(])(E) This informat ion s nsidered Unc lass if ied contains informat ion that may be exe 1/ Fo r Official U>e On ly 1/ Law Enforcement Sensiti~e (UIIFO UOI/lES) un less ot herwise noted an d bl ic release under the Free dom of Information Act 15 USC 5521- It is to be controlled, stored, han dled, transm itted. distributed. an d disposed of 10 accor .s. Department of Home land Securiw poliC"/ re lating to FOUO informa tion and is not to be released to the media. pu blic Or other pe rsonnel who do not have a v • o-know· and sha ll not be distr ibu ted beyond the original addressee, without prior autho riza tion of the orig inator. Receipt acknowledge, a com m itment to com a pllCa ble laws protecting p rivaC"/. civil rights, and ci~i ll i berties in the co llection, use. analYS iS, retent ion, destruction, sha ring an d disclosu re of information. From: ~b)(6); (b}(7)(C) Sent: Friday, December 1, 2017 9:08 AM I To: Kb)(6);(b)(7}(C) Subject: NVLS Hey there, Another favor if you have time . CA plate _ b)(6);(b}(7)(C) CA plate - L -_ _-' Thank you © f b)(6);(b)(7}(C) ::> ::> Intelligence Research Spec ialist Child Exploitati on Group Homeland Security Investigati ons Office; (7 14) 972 ~b)(6); (j Fax; 7 14 972-4 14 1 b)(6);(b}(7)(C) 2018-ICLI -00035 525 f b}(6);(b}(7)(C) Warning: This d any attachments are UNCLASSIFIEDI/FOR OFFICIAL USE ON LY {U//FOUO}. It contains information that m empt from public release under the. Freedom of Information Act (5 U.S.C. 552). It is to be controlled, store , d, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and IS released to the public or other personnel who do not have a valid "need-to-know" without prior approval 0 rized DHS official. No portion of this email should be furnished to the media, either in written or verbal form. I ot an intended recipient or believe you have received this communication in error, please do not print, cop , smit, disseminate, or otherwise use this information. Please inform the sender that you received this message in error and delete the message from your system. 2018-ICLI-00035 526 From : b)(6);(b)(7}(C) To : FW: NVLS Thursday , March 10, 2016 4:39:00 PM L E.AR~Veh i c le Detect ion Reoort 03:JO- l.6.od! Subject : Dat e: Attachments: f b)(6);(b)(7}(C) Intell igence Research Spec ialist Child Explo itaiton Group Homeland Security In vestigati ons Offi ce: (7 14) 972-¥b)(6):1 Fax: (7 14) 972-4 14 1 b)(6);(b)(7}(C) Warning: il and any attachments are UNCLASSIFIEDII FOR OFFICIAL USE ONLY (Ul/FOUO). It contains information t e exempt from public release under the. Freedom of Information Act (5 U.S.C. 552). 1\ is to be controlled, s died, transmitted, distributed, and disposed of in accordance with OHS policy relating to FOUO information an 0 be released to the public or other personnel who do not have a valid "need-to-know" without prior approva thorized DHS official. No portion of this email should be furnished to the media, either in written or verbal form. re not an intended recipient or believe you have received this communication in error, please do not print, ransmit, disseminate, or otherwise use this information. Please inform the sender that you received this mess in error and delete the message from your system. From: kb)(6Hb)(7}(C) Sent : Thursda , March 10, 20 16 4:27 PM To: b)(6):(b)(7)(C) Subject : RE: NVLS Well , looks like it is back up. Go figure. Here is the report on this plate . Detective kb )(6Hb )(7)(C) Ora nge County Intellige nce Assessment Center (OClAC) La Habra Police Department ce ll (949) 279 - ~ desk (714) 289-1iliillill [ b)(6);(b}(7)(C) From : Fb)(6);(b)(7}(C) Sent: Thursday, March 10, 2016 2:34 PM To .jjb )(GHb)(])(c;) I Subject : NVLS Hi Kb X6 ):1 When NVLS comes back on line will you also run CA Plat e Kb)(6);(b)(7) I Thanks! ~b)(6); (b}(7)(C) :> :> Intelligence Research Spec ialist Child Explo itai ton Group Homeland Security In vestigati ons Office: (7 14) 972-Fb)(6):d Fax: (7 14) 972-4 14 1 ~b)(6); (b}(7)(C) 2018-1CLl -00035 527 b)(6);(b}(7)(C) Warnm email andanyattachmentsare UNCLASSIFIEDI/FOROFFICIALUSEONLY (U//FOUO). 1t contains informatlO a be exempt from public release under the . Freedom of Information Act (5 U.S.C. 552). It is to be contro d, handled, transmitted , distributed, and disposed of in accordance with DHS policy relating to FOUO informa I is not to be released to the public or other personnel who do not have a valid "need-to-know" without prior a of an authorized DHS official. No portion of this email should be furnished to the media, either in written or ver If you are not an intended recipient or believe you have received this communication in error, please do n copy, retransmit, disseminate, or otherwise use this information. Please inform the sender that you receive sage in error and delete the message from your system . 2018-ICLI -00035 528 From : b)(6);(b)(7}(C) To : Subject : Dat e: Attachments : FW: NVLS Monday, November 09, 2015 10:54:00 AM LE.ARtLVeh icle Detection Reoort lJ -09- 15.od! LEABN Vehicle Detection Beoort tt -09-15_fll.odt f b)(6);(b)(7}(C) Intell igence Research Specialist Child Exploitaiton Group Homeland Securi ty In vestigati ons Offi ce: (7 14) 972-J(b)(6):(j i any attachments are UNCLASSIFIEDI/FOR OFFICIAL USE ONLY (UIIFOUO). It contains information exempt from public release under the . Freedom of Information Act (5 U.S.C. 552). It is to be , transmitted, distributed, and of in accordance with DHS policy relating to FOUO i released to the i or other personnel who do not have a valid "need-to-know" without prior DHS official. No portion of this email should be furnished to the media, either in written or verbal not an intended recipient or believe you have received this communication in error, please do not disseminate, or otherwise use this information. Please inform the sender that you this in error and delete the message from your system. From :kb)(6):(b)(7}(C) 09, 2015 10:50 AM So, are a few scans on t he kbl(6)-(bl(])(GI I plates. NO scans on t he kb)(6):(b}(7)( I I attached the respect ive reports . Let me know if you have any questions. :) Hope you are well. IiiiiiiiiJ Detective kbl(6)-(bl(])(GI Ora nge County Intellige nce Assessment Center (OClAC) La Habra Police Department ce ll (949) 279-1£iiliiii] desk (714) 289th\(RI- 1 e )(6);(b}(7)(c) From: Kb)(6);(b)(7}(C) Sent: Monday, November 09, 2015 10:30 AM To: llbl(6Hbl(7)ICl I Subject : NVLS Hi ~ Will you please run the following license plates in NVLS for me? IF~b~)(6~):~(b~X7~)(~I====::J 2005 Black X-Terra CAl 2011 Dodge Nitro CA k~ )(6): (b)(7}(C) Thanks! f b )(6);(b)(7}(C) I(NOV 2014) I Intelligence Research Spec ialist Child Ex pl oitaiton Group 2018-ICLI -00035 529 Homeland Securi ty In vestigati ons Office: (7 14) 972 £6)(6);(6)1 Fax: (7 14) 972-4 14 1 2018-ICLI -00035 530 From : To : Subject : Dat e: Attachments : FW: NVLS FYI f b)(6);(b)(7}(C) I Intelligence Research Spec ialist Homeland Securi ty In vestigati ons Offi ce: (7 14) 972 ~b)(6); ( I Fax: (7 14) 972-4 14 1 From : ~b)(6); (b}(7)(C) Sent: uesda , March 10, 2015 10: 11 AM To: b)(6);(b)(7}(C) Subject : RE: NVLS HiW b)(6l: ]. Hope things are good w ith you . So, I have attached 3 report s for you. The only plate wi th no recen t scans isFb)(6);(b}(7)( ISo I didn't think you would wan t scans on t hat one from 20 11. Ot herwise , see attached . Let me know if you need anything else . [b)(6);11 Detective ~b )(6);(b )(7}(C) Ora nge County Intellige nce Assessment Center (OClAC) La Habra Police Department ce ll (949) 279tiill[] desk (714) 289. ~ rb)(6);(b)(7}(C) From: kb)(6):(b)(7)(C) Sent : Tuesda , March 10, 2015 9:5 1 AM To: b)(6):(b)(7)(C) Subject : NVLS Hi . b)(6)1 Will you please run the following CA plates in NVLS? b)(6);(b)(7}( ~) Thank you! fb)(6);(b)(7}(C) Intelligence Research Spec ialist Homeland Security In vestigati ons Offi ce; (7 14) 972-l b)(6)(1 Fax: (7 14) 972-4 14 1 2018-ICLI -00035 531 From : To : FW: NVLS Subject : Dat e: Attachments: Thursday , February 12, 2015 12:49:00 PM L E.AR~Veh i c le Detection Reoort 02:J2-1.5.od! Attached is the NVLS report r I b }(6);(b}(7)(C) Intelligence Research Spec ialist Homeland Securi ty In vestigati ons Office: (7 14) 972-ib}(6}(1 Fax: (7 14) 972-4 14 1 From :kb)(6);(b }(7)(C) Sent: Thursday, February 12, 2015 12:39 PM To: kh\IRl-lh\I7\Ir:\ >' > I Subject : RE: NVLS Hey ~b)(6); q Hope you are well. Sorry I didn't get this sooner, but I was driving back from a conference this morning in san diego. I have attached the NVLS report. Unfort unat ely, there were only2 scans in all of 2014 and none this year, but I attached the info for you. tb)(~) 1 From: Kb)(6);(b}(7)(C) Sent : Thursda , February 12, 2015 11 :01 AM To: b)(6);(b}(7)(C) Subject: NVLS Hi kb)(6 1, Would you mind running a plate for me through NVLS? 1b)(6):(b)(7) 1(2001 Toyotal Thanks! f b)(6);(b)(7}(C) Intelligence Research Specialist Homeland Sec uri ~ In vi stigati ons Office: (7 14) 972 b)(6):( Fax: (7 14) 972-4 14 1 2018-ICLI -00035 532 From : b)(6);(b}(7)(C) To : Sub ject : Dat e: Attachments : FW: NVLS Thursday , January 15, 2015 11 :01 :00 AM L E.AR~Veh i c le Detect ion Reoort Ot:J5- 1.5.od! ~b)(6); (b)(7}(C) " " Intell igence Research Spec ialist Homeland Security In vestigati ons Offi ce: (7 14) 972-[b)(6): I Fax: (7 14) 972-4 14 1 From: ~b)(6); (b}(7)(C) Sent :hursday, January To: l(b)(6):(b}(7)(C) I Subject : RE: NVLS Hi .. 15, 201510:59 AM Sorry, was actually just in a meeting with kb)(6):(b)(7)(C) I. :) No trouble at all.. Here is the report.. quite a few scans actually .. kb)(6):1 From : kb)(6):(b )(7}(C) Sent : Thursday, Jan uary 15, 2015 10:01 AM TO :l(h\IflHh\I7\(G\ Subject : NVlS Hi Kb)(6);1 Could I trouble you to run another plate in NVLS? CA Plate Kt:!,r6);(b)(7) 1 Thanks b)(6);(b}(7)(C) r I Intelligence Research Spec ialist Homeland Securi ty In vestigati ons Offi ce: (7 14) 972-1, 1<1<1 qo.ooI&tiont noI oIIe10 '" q<>o(e. pie . .. so in. T... _ , 000. "'" GQo"I"I"'" ,,,. 00>",,",,*,' to P'>'I .... y COOI$ -..red in "'" po-e paralioo 0I1IMI """"iMOoo 01 .... quotation or 10 rontrocl lor > ..... ~ D)' """"". My ~...,l;>1iono and/", "",*"tiono Mtod'>ood to "... R ON OR BEFORE CLOSE Of BUSINESS (0"",) -...*1 12/18/2017 1800 ES 11. SCHEDULE (1_ ITEM NO SUPPUESISERVICES (.) (' ) . S/a", Imd local taxes! aw/tiCabNI _ QUANTITY UNIT «) (') U NIT PRICE AMOUNT (.) (') eques t for Quot e fo& Access to License Pla t e eader (LPR) da t abase Period of Performa nce : 12/22/20 17 t o 09/21/2020 000 1 ase Period - 12/2 1/20 17 - 01/3 1/2018 CCESS TO LICENSE PLATE SYSTEM (All ICE Us ers) his is a Firm-Fixed Price (FFP) CLIN . 1. 4 ~O Produc t /Service Code : 0317 Produc t /Service Descriptio n : IT AND TE LECOMEB-BASED SUBSCRIPTION Period of Performa nce : 12 /2 1 /2017 to 01/31/2018 0002 a, 10CALENOAA DA.YS ('-) 12. DISCOUNT FOR PROMPT PAYMENT ~OT'E : 12 ~o pt ion Period 1 - 02/01/2018 - 01/31/2019 CCESS TO LICENSE PLATE SYSTEM (All ICE Users ) h i s is a Fi rm-Fi xed Price (FFP) CLIN . ontin ued ... A.od U ·· 13. NAME /!.NO AJJORESS Of OUOTER 10, SIG ~ A.T\JRE Of PERSON A.IJTHORIZEO TO SIGN OUOTA.TION • . NAME Of OUOTER 15, DATE Of OUOTA.TION 16, SIGNER b. STREET ADDRESS •. NAME (Type b. TE l ~PHONE Of pritJ'! ~,~ O. COUNTY d.C ITY I •. STA.TE I. ZIP CODE c,T ITlEIType orprifll) NUMBER AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95) Prev;ous edrtiofl flOt usable Prescribed by GSA· FAR (48 CFR) 53 .215·1(a) 2018-ICLI -00035 565 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BE ING CONTINUED 7QCDCR18Q00000005 51 NAME OF Of"FEROR OR CONTRACTOR ITEM NO OUANT ITY UNIT SUPPLIES/SERVICES (AI (CI (BI (01 (Op t ion Line I tem) 02/20/2018 Product/Service Code : 0317 Product/Service Description : IT AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2018 to 01/31/2019 0003 Option Period 2 - 02/01/2019 - 01/31/2020 CCESS TO LICENSE PLATE SYSTEM (All ICE Users ) This is a Firm-Fixed Price (FFP) CLIN . 12 MO (Op t ion Line Ite m) 05/20/2018 Product/Service Code : 0317 Product/Service Description : I T AND TELECOMEB-BASED SUBSCRIPTION Period of Performance : 02/01/2019 to 01/31/2020 0004 Option Period 3 - 02/01/2020 - 09/30/2020 CCESS TO LI CENSE PLATE SYSTEM (All ICE Users ) This is a Firm-Fixed Price (FFP) CLIN . (Op t ion Line I tem) 08/20/2018 Product/Service Code : 0317 Product/Service Des cription : IT AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2020 to 09/30/2020 2018-ICLI -00035 566 8 MO UNIT PRICE (EI AMOUNT (FI 3 Request for Quote for Access to License Plate Database Contracting Office Address: Immigration and Customs Enforcement Office of Acquisition Management 801 I. St NW, Washington, DC 20536 Description: NAICS Code: 519190 - Al l Other Information Services. This is a combined synopsis/request for quote for commercia l items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and under the authority of FAR 13, as supplemented with additional infoffilution included in this nOlice . The North American Industry Classification System (NA ICS) Code for this procurement is 519190 and is being conducted as sole source procurement. The Immi gration and Custom's Enforcement's (ICE) Enforcement and Removal Operations (ERO) and Homcland Security in vcst igations (I'ISI) is rcqucsting that vendors submit a quote for a firm fixed price contract for access to a license plate reader database as set forth in the attached Statement of Work (SOW). Period of Performance: The anticipatcd period of performance wi ll include a base period of forty·one (41) days, two (2) twelvemonth options periods, and one (I) eight-month option period. Instructions to Offerors/Response Reguirement: Interested contractors must submit information necessary to demonstrate their capabil ities to support the ICE requirements including perfomlance requirements, functional requirement, alert list capabilities, mobile device capabi lities, audit and reporting capabi lities, as specified in the attached Statement of ~ w~o~r~k~.;O~f~~c~ro~r~s~s~h~a~ll~r~e~tu~m~t~h~C:'~~~~~~~~~~'~i~n~e~l~c~ct~r~o~n~ic~~~o~r~m~al.at Electronic copies can t I and hard copy quotes are not permitted and will be disregarded All electronic files should be labeled with the Offeror's name, quotation number, submission date and the words "Source Sclection Sensitive" and " Law Enforcement Sens itive". Proprietary information sha ll be clearly marked. a. Format. The submission sha ll be clearly indexed and logically assembled. Each section shall be appropriately numbered and clearly identified with the date and quotation number in the header and/or footer and shall begin at the top of each page. NOTE: Please submit a signed and dated cover letter with your quote addressed to Mr. Wi lliam Quigley with your company's contact information. A Table of Contents should be included. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies to all sections. Times New Roman fonts is suggested. b. File Packaging. Written quotes shall be submitted in one volume with three (3) sections, as outlined below. Use tab indexing suffic ient to identify all sections within a particular quote section. The Offeror is required to provide the quote via email to 2018-1CLl-00035 567 4 ~kb~)(ID 6)Ci! : (b;)(iI"i!icJ)=========::::;=========:::J1 The Offeror should submit Attachment 4 in Microsoft Excel, with viewable calculations. The follow ing shall be included in the Narrati ve di scuss ion: SECTION I TECHNICAL APPROACH: The offeror must submit in format ion to demonstrate thaI the Offeror' s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the Request for Quote and whether the Offeror's methods and approach to meeting the SOW requirements provide the Govemment with a high level of confidence of successful completion. No pricing information is to be provided in the Technical Quote. Technical Database Information Submittal. The vendor shall provide a description of its electroni c infonnation retrieval services that addresses: • • • • • • Compliance with the SOW Number of current records Abil ity to collect new records Identifi cation of states or metropolitan areas where signi fi ca nt records are provided Abil ity to add and/or delete subscribers Return time on query Quality Control Plan. The Offeror's Quality Control Plan (QC P) should describe the methods it wi ll use to review its performance to ensure it conforms to the performance requirements. The Offeror' s QCP should include methods that ensure and demonstrate its compliance with the performance requirements and the QASP di scussed in Attachment 2. SECTION 11- PAST PERFORMANCE: The contractor shall provide a list of contracts or orders for the purpose of past perfornlance evaluation. The contractor may also provide other fornls of documentation which provide infonnati on on the company's past performance. Valid past perfonnance is evi dence of similar work accomplished within the past three years. SECTION 111- PRICE. The offeror shall complete Attachment 4, with pricing for the base and each option period for each Contract Line Item (CLlN). A Firm Fixed Price Quote and a written technical quole must be submitted by December 18, 2017 by 6:00 PM EST (1800) via email to ~b)(6); (b}(7)(C) Iand ~b)(6); (b)(7}(C) I Quotes must include the company's name, point of contact, address, area code and telephone number and (mandatory) DUNS number. All quotes received without va li d DUNS number (those not registered in the System for Award Management (SAM) www.sam.gov), wi ll be considered ineligible. Issue of the contract will be made to the contractor that offers the best va lue to the Government, cons idering price, past performance, and technical in accordance with FAR 13.106. The Government wi ll award a contract resu lting from this solicitation to the responsible offeror whose offer confirming to the solicitati on will be most advantageous to the Government, price, and other factors considered. The criteria for evaluation arc as follows: I. Technical Capability 2. Past Perfonnance 3. Price. 2018-ICLI -00035 568 5 The above listed evaluation factors are listed in descending order of importance . Technical and past performance, when combined, is significantly more important than price. Instruction s: FAR 52.212-\ "Instructions to Offerors - Commerc ial" applies to thi s acquisition. Offerors are to include a copy of FAR provision 52.212-3 "Offeror Representations and Certifications Commerc ial Items" with their response. The fo llowing FAR clauses also apply: 52.2124 "Contract Terms and Conditions - Com mercial Items" and 52.212-5 "Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commerc ial Items", with the clauses cited further in this synopsis as being applicable. The aforementioned provisions and clauses can be accessed electronically at http ://acquisition.gov/comp/far/index.html. Prospective sources are reminded that award can only be made to a contractor who is registered in the System for Award Management (SAM) (www.sam.gov) database with an active Dun & Bradstreet Number. Attachments: Attachment I: Statement of Work (SOW) Attachment 2: Quality Assurance Surveillance Plan Attachment 3: Tcrms and Conditions Attachment 4: Price 2018-I CLI -00035 569 WebEx Class Information WebEx training schedules for the LPR function will be included with the introductory log-on e-mail that each user will receive. This e-mail will include a link to register for the WebEx meetings. Registration is required, but there is no need to register for more than one session. There is a 500 attendee maximum per session; if a listed session is shown as full, please select another session to attend. The tentative dates for these training sessions are as follows: Day Date Time (all times ET) Wednesday 2/7/2018 2/7/2018 2/7/2018 2/7/2018 2/7/2018 2/7/2018 2/8/2018 2/8/2018 2/8/2018 2/8/2018 2/8/2018 2/8/2018 2/9/2018 2/9/2018 2/9/2018 2/9/2018 2/9/2018 2/12/2018 2/12/2018 2/13/2018 2/13/2018 2/13/2018 2/15/2018 2/15/2018 2/15/2018 2/15/2018 2/15/2018 2/16/2018 2/16/2018 2/16/2018 2/16/2018 9:00 AM 10:30 AM 12:30 PM 2:00 PM 3:30 PM 5:00 PM 8:00 AM 9:30 AM 11:30 AM 1:00 PM 2:30 PM 6:00 PM 8:00 AM !0:00AM Wednesday Wednesday Wednesday Wednesday Wednesday Thursday Thursday Thursday Thursday Thursday Thursday Friday Friday Friday Friday Friday Monday Monday Tuesday Tuesday Tuesday Thursday Thursday Thursday Thursday Thursday Friday Friday Friday Friday 11:30 AM 1:30 PM 3:00 PM 12:00 NOON 3:00 PM 9:00 AM 11:00 AM 1:00 PM 8:30 AM 10:00 AM 11:30 AM 1:30 PM 4:00 PM 8:00 AM !0:30AM 12:30 PM 3:00 PM 2018-ICLI -00035 570 fb)(6);(b}(7)(C) From : Sent: To : Cc : Subject: Attachments: t Thu, 29 Mar 2018 20:09:28 +0000 b)(6);(b}(7)(C) RE: LPR/LEARN Total ICE Users Registered ICE LEARN users 03292018.xlsx, smime.p7s kb)(6);(b) I Attached please find a list of registered LEARN users as of today, 03/29/18. There are 9,209 users (including me) who have access. You can sort by last login based on the attached sheet. Imagine the list is tie dyed and covered in glitter- Happy Easter! ................................ ... This email contains information from Thomson Reuters Special Services, LLC. that may be sensitiye and confidential. This message is to be used solely by the intended recipient. If you are not the intended recipient, then you received this message in error and are requested to delete it (and all copies). You are further requested to neither reproduce nor share the contents of this message with anyone except the intended recipient and are to notify the sender if this is an erroneous transmission. Your cooperation is appreciated. Fro m :I(b )(6l:(b )(7)(C) Sent: Thursday, March 29, 2018 3:02 PM To I(b )(6);(b )(7}(C) Cc:. Sub~j~ec~t~:~R~E-:L~P~R~/~LE~A~R~N~T~o~ta~I~IC~E~u~se~r~S~R~e~g~is~te~r~e~d-------------------------------------' Hey Rb)(6);(b}(7)(C) I Can you send us the total list of Learn/LPR users in Excel by chance? I have the below email from 2/22/18 but I figure that number has increased based on activity I've seen and heard in the field. We have some data calls that we are working through and need to figure out the total # of HSI and ERO users. I know tomorrow is Good Friday and this request is not in the Easter spirit but appreciate any help! Regards, Fb)(6);(j 2018-ICLI -00035 571 f b)(6);(b)(7}(C) Section Chief - Management and Program Analyst Acquisition Management Unit Finance, Acquisition, Asset Management Division ICE/Homeland Security Investigations (HSI) 202-732 b)(6); (Office) 202-421 EW)( (Mobile) b)(6);(b)(7}(C) Th is ema il and any attachments are UNClASSIFIED!!FOR OFFICIAL USE ONLY jU!IFOUO~. It contains information that may be exempt from public release un er mation Act j5 US.c. 552~. It is to be controlled, stored, handled, transmitted, distributed, and disposed of in released to the pu blic or other personne l who do not have a valid "need-to· accordance with DHS policy relating to FOUO informa know" without prior approval of an authorized DHS official. No port ion of this ema, • the media, eithe r in wr itten or verbal fo rm. If you are not an intended recipient or be lieve you have received this commun ication in error, plea.e do not pr int, copy, 'nate, Or otherwi.e u.e this information. Plea.e inform the .ender that you received this message in error an d delete the me.sage f rom your sy>tem. r From: b)(6);(b}(7)(C) Sent: Thursday, February 22, 2018 12:53 PM I ~~~ r b)(6);(b)(7}(C) Subject: RE: l PR/lEARN Total ICE Users Registered Good to see you both this morning! I I ran this today at t~I\~:(b) desk - 8,752 users across HSI and ERO • .................................. . kb)(6):(b)(7)(C) Client Relationship Manager Thomson Reuters Special Services, LLC M 443-622 f b)(6);(b)(7}(C) This email contains information from Thomson Reuters Special Services. LLC. that may be sensitive and confidential. This message is to be used solely by the intended recipient. If you are not the intended recipient, then you received this message in error and are requested to delete it (and all copies). You are further requested to neither reproduce nor share the contents of this message with anyone except the intended recipient and are to notify the sender if this is an erroneous transmission. Your cooperation is appreciated. From : t b)(6);(b)(7}(C) Sent : Wednesday, February To :r b)(6);(b }(7)(C) 2 1, 2018 5:09 PM Cc: _ SubLj-ec-:'-:-:Lp::CR::-/"L""E-:-A"R"N-:T:-oC",a-:IC":I"C"E-:U'-,-e-rs-:R:-e-g"'"i,C",-er-e-d:-------' Hey ~b)(6); (b)(7}(C) I Favor to ask; Are you able to run a report for how many tot al ICE users have registered in LEARN t o date? We had an inquiry come in for ali ICE users and not just H SI, regardless, Kb)(6);( bnd I have no 2018-ICLI -00035 572 access to the LEARN system for thi s t ype of oversight . If the adm ini strators ca n perform t his function we ca n reach out to t hem as well but not sure how compl icated it might be. Let us know w henever t ime permits Rega rds, 1);i~!(bX I f b)(6);(b)(7}(C) Section Chief· Management and Program Analyst Acquisition Management Unit Finance, Acquisition, Asset Management Division ICE/Homeland Security Investigations (HSI) 202·732 b)(6) (Office) 202421 N:}(7 (Mobile) r b)(6);(b}(7)(C) W~rning : achmenls are UNCLASSIFIED//FOR OFFICIAL USE ONLY ~U//FOUOf. II conl ains information Ihal m~y be exempl fro m public release under the Freedom 0 In or .c. SSn II is to be controlled . stored. handled, transmitted. dist ributed, and disposed of in he ublic or other personne l who do not have a valid "need -toaccordance with DHS policy relating to FOUO information and is no dia, either in wr itten or verbal fo rm. If know" without prior approval of an authorized DHS official. No port ion of this email shou ld be u you are not an intended recipient or be lieve you have received this com munication in error, please do not pr int, copy. retran or otherwise use this inform at ion. Please inform the sender that you received this message in error and delete t he message from your system. 201 8-ICLI -00035 573 From : ~b)(6); (b)(7}(C) Sent: 22 Dec 201714:24:12 -0500 To : r Cc: Subject: Attachments: 70CDCR18P00000017 05.0 1_70CDCR 18 P00000017. pdf b )(6);(b}(7)(C) TRSS/West, Please see attached award document 70CDCR18P00000017. Please review, sign, and send back to myself and ~ for full execution. Please contact me if there are any questions. Thank you, j(b)(6);(b)(7}(C) Detention, Compliance & Removals (OCR) IContracting Officer DHS I ICE I Office of Acquisition Management (OAO) Office: (202) 732.fiillID] Mobile: (202) 878- ~ tb)(6);(b)(7}(C) NOTICE: This communication may contain privileged or otherwise confidential information . If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system . 2018-IC LI -00035 574 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, oS 30 I:·AWAA~ EFFECTIVE CATE 2. CONTRACT~. N U~BER ~ FOR SOUCITATION INFORMATION CALL: Q.ISSUED BY I CE/Deten t io n 801 I S t ree t , THISACOU ISmON IS Remova l s S~AJ.LBUS I NESS fiUBZONE SMAlL BUSINESS NW Kb)(6);(b}(7)(C) DC DELIVER TO , Enforcemen t 801 I Street , Suite 930 Washi n gton I 16. ADMINISTERED CODE IICE/ERO Removal SA I NT r' rf~SOI.ICITAnoN ISSUE CATE 12/15/20 17 OFFER 0lJE CATEA.OCAL. TIME ES SETASIDE , e~ .., SIZE STANDARD' $27 . 5 t~. METHOD OF SOUCITATION XRfQ '" CODE lIC'" E /OCR BY ICE/De t en t ion Comp l iance & Remova l s Immigration and Customs Enforc ement Office 801 I CODE 1 485082860000 I FA~:; I 160. PUBL I SH I NG CORPORATION of Acquisition Management S t reet , b)(6);(b)(7}(C) P.O . Attn : CODE II CE-ERO-FHQ-CED I CE Burlington PA UL MN 55164 NW DC 20536 PAYMENTWlLl BE MADE BY DHS , 64833 PO BOX UNRESTRICTED OR THIS CONT .....CT IS A RATEDORDERUNDER Of',o"s (15 CfR 7(0) WASH I NGTON WES T 52 13b. RATING '" Net 30 20536 17• . CONTAACTORI OFFEROR I WOMEN·OWNED SMAlL BUSINESS (WOS8) ELIGIBLE UNDER THE WOMEN.owNED ..uAII RII""NF.~'" ""or."A~ N..'Jes: 5 1 9190 EOWOSB 2. DISCOUNT TERMS NW DC , SERVlCE·DISAB!.ED VETERAN.()WNED sw.u. BUSINESS 20536 DELIVERY FOR FOB DESTINA,. nON UNLESS BLOCK IS MARKED SEE SCHEDUlE I CE 10. of Acquis i tion Management WASHING T ON '1. , ( , * , _1_ . ) 202 7 3 2kb)(6);( 1 Enforcement Compl i ance I mmigration and Customs Off i ce I~' TELEPHONE NUMBER •. NAME b)(6);(b)(7}(C) CODE IICE/DCR ~ I~' SOliCITATION NUMBER 70CDCR18QOOOOOO05 70C DCR 1 8POOOOOO 1 7 ,. 15. r7 ~DER I PA~ I ~' REOU ISITION NUMBER See Sched u le SOLICITATION/CONTRACT/ORDER FOR COMMERC IAL ITEMS Box Finance Cen t er 1620 ICE-ERO-FHQ-CED VT Williston 05495 - 1620 TELEPHONE NO. 171>. CHECK IF REMmANCE IS DIFFERENT AND PlJT SUCH ADDRESS IN OFFER 181>. SUBM IT INVOICES TOADDRESS SHOWN IN BLOCK IS CHEC~ED SEEADOENDU~ ~. " ITEM NO. " DUNS Number : " U~ESS BlClCK BElOW ". " OUANTITY UNIT SCHEDlII.E OF SUPf'lIESISERVICES 160 UNIT PRICE ~~ 148 5 08286 ~~~ ~~ Gover n me n t Phone : 202- 7 Email : Government POC : Kb)(6);(b)(7}(C) P ho ne : 202-732-!{E'E6}J Email : ~b)(6); (b)(7}(C) Contracting O f ficer : P h one : 202 732 f~K~1J I I I ~b)(6); (b)(7}(C) I (Use Reverse and/or Attach Additional ShBflts as Necessary) r6. 25 . ACCOUNTINGAND APPROPRIATION DATA See TOTAL AWARD AMOUNT (For Gov!. Use Only) schedule kb}(41 27a . SOLICITATION INCORPORATES BY REFERENCE FAR 52.212'1, 52.2 12-4 . FAR 52.212·3 AND 52.212·5 ARE ATTACHED. ADDENDA X 27b CONTRACTIPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52 212-4 FAR 52 212·5 IS ATTAC HED ADDENDA X' 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AN D RETURN 1 COPIES TO ISSUING OFF ICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENT IFIEOABOVE AND ONANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. :lOa. SIGNATURE OF OFFERORICONTRACTOR 3Ob. NAME AND TITLE Of SIGNER (Type orprinl) 13Oc. DATE SIGNED I '" 'X ARE ARE NOT ATTACHED. ARE NOT ATTACHED X 29 . AWARD OF CONTRACT: OFFER DATED 1 2/22/201 7 YOUR OFFER ON SOliCITATION (BlOCK 5), INCLUDING ANY ADD ITIONS OR CHANGES WHICH ARE SET FORTH HEREIN. IS ACCEPTED AS TO ITEMS: 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 31b. NAME OF CONTRACTING OFFICER (Typ8 . SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY 4 13 I CERT IFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 4 1b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 42a RECEIVED BY (Print) 41c. DATE 42b. RECEIVED AT (Location) 2c. DATE REC'D (YY/MM1)D) 142d . TOTAL CONTAINERS STANOAAD FDflM 1«9 (REV. 212012) B ...CK 2018-ICLI-00035 576 EFER ENCE NO. OF DOCUMENT SEING CONTINUED CONTINUATION SHEET 70COCR18P00000017 52 NAME Of OfFE ROR OR CONTFV.CTOR WEST PUBLISHING CORPORATION ITEM NO. QUANTITY SUf>P\.IESiSEIMCCS (A) (B ) (e) UNIT (D) UN IT PRICE AMOUNT (E) (F) apply only to t he purchase order resulting for ICE solici t ation 70COCR18Q00000005 . Exempt Action : Y Sensitive Award : PII Period of Performance : 12/22/2017 to 09/21/2020 0001 Base Period - 12/22/2017 - 01/31/2018 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . Product/Service Code : 0317 Product/Service Descript ion : IT AND TELECOMWEB-BASED SUBSCRIPTION Requisi t ion No : 192118FLMURQ0008 , 192118FUGOPS12087 Kb}(4) b}(4);(b}(7)(E) 0002 Opt~on Per~od 1 - 02/01/2018 - 01/31/2019 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . 12 MO Amou nt : 0kh"'"" "' ========:=JKOpt io n Line Item) 02/20/2018 Produ ct/Service Code : 0317 Produ ct/Service Descript ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Acco un t ing Info : Funded : I!iill1D Period of Performance : 02/01/2018 to 01/31/20 1 9 0003 Optio n Period 2 - 02/01/20 1 9 - 01/31/2020 ACCESS TO LI CENSE PLATE SYS TEM (Al l ICE Users) Cont inued ... NSN 7S4()..()t · t52-8067 12 MO Kb}(4) OPTIONAl. FORM:J.3Il (H I6) Sponsored 2018-ICLI -00035 577 b\' GSA FAR (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLISHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) Th is is a Firm-Fixed Price (FFP) CL IN . HOptio n Line Item) Amoun t : kh\(4\ OS/20/2018 Product/Service Code : D317 Product/Service Descripti o n : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2019 to 01/31/2020 0004 Optio n Period 3 - 02/01/2020 - 09/30/2020 ACCESS TO LICENSE PLATE SYS TEM (Al l I CE Users) This is a Firm-Fixed Price (FFP) CL IN . 8 MO Kb}(4) Amoun t : Kb}(4) j( optio n Line Item) 08/20/2018 Product/Service Code : 0317 Product/Service Descript ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2020 to 09/30/2020 I nvoice Ins t ructions : ICE - ERO/ HSI Con t rac t s Service Providers/Cont ractors shall use t hese procedures whe n submi t ti ng an invo ice . 1 . I nvo i ce Submission : Invoices s ha l l be submitted in a " . pdf " format i n accorda n ce with t he contract te rms a nd conditions [Contract Special i st and Con t rac t ing Officer to d i sc l ose if o n a mo n th l y basis or other agreed to terms " ] via e mai l , Un ited States Posta l Service (USPS) or facsi mi l e as follows : a) Email : • Invoice . Consolidation@ice . dhs . gov • Cont ract ing Off i cer Representat i ve (COR) or Gover nme n t Poi n t of Contact (GPOC) • Con tract Specia l ist/Co n tracting Officer Each email sha l l contai n o nl y (1) invoice a nd the i nvo i ce number shall be indicated on the subject l i ne of the email . b) USPS : Cont inued NSN 7540-01·152-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 578 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO.OF DOCUMENT BEING CONTINUE D CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO. SU PPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) DHS , ICE Fi na nc ia l Operations - Burlington P . O. Bo x l620 Williston , VT 05495-1620 ATTN : I CE-ERO-FHQ-CED The Con t rac t o rs Data Un iversal Numberin g System (DUNS) Number mus t be registered and ac tive i n the System f o r Award Man age men t (SAM) at h t t p s : //www . sam.gov prior to award and s hall be nota t ed on e v er y i nvoic e s ub mi t ted to e ns ure p romp t payment prov is i o ns are met . The I CE p rogram office ident if ied in the task order/co n tract shall also be nota t ed on e v er y i nvo i ce . c ) Fa cs imi l e : Alternative Invoices shall be submitted t o : (802) -288- kh\(Rl I S ubmi ssions by facsi mi le shall include a cov er sheet , point o f contact and the n umber of total pages . No te : the Service Providers o r Con t racto rs Dunn and Bradstreet ( D&8) DUNS Number mus t be r egis t ered in t he System for Award Mana geme nt (SAM) at h ttps : //www . sam . gov p rior to award and shall be no tated on ever y invo i ce submi tted to e ns ure prompt payment p ro vis ion s are me t . Th e I CE p rogram office ident if ied in the task order/co n tract shall also be nota t ed on e v er y i nvo i ce . 2 . Content of I nvo ices : Each i nvoice shall conta i n t he fo l lowin g i nformati on in acco r dance wi th 52 . 212-4 (g) , as applicable : ( i ) . Name and address of t he Serv i ce Provider/Contractor . Note : the na me , address and DUNS number on the invoice MUST matc h t he i n for mati o n in b oth the Contrac t/ Ag reeme n t and t he in formatio n in t he SAM . If payment i s remitted to another entity , the name , address and DUNS information of that entity mu st also be provided which wil l require Governme n t Continued .. . NSN 7S4ll-Ot·t52-8067 OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 579 Sponsored b\' GSA FAA (03 CFR) 53. '1 0 FER ENCE NO. O F DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLIS HI NG CORPORAT I ON ITEM NO. SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) verifica t ion before payment can be processed ; (ii) . Dun n and Brads t ree t (D&B) DUNS Nu mber : ( i ii) . I nvoice da t e a nd invoice number ; (iv) . Ag ree men t /contrac t nu mber , con t rac t line item number and , if applicable , the order n umber ; (v) . Description , qua n tity , unit of measure , un it price , exte nded price a nd period of pe r for mance o f the i t e ms or services delivered ; (vi) . If applicable , shipp ing number and da t e of shipmen t, i n cluding the bill of ladi ng n umber and weight of shipmen t if shipped on Governmen t bill o f lading ; (vii) . Terms o f a n y discou nt for prompt paymen t offered ; (vii i ) . Remit to Address ; ( i x) . Name , title , a nd phone number of person to reso l ve invoicing iss ues ; ( x ) . I CE program office designated o n order/co n tract/agreement a nd ( x i) . Mark invoice as "In terim " (Ongoing performa n ce and addi t ion al bil l ing e xpected) a nd " Fina l" (performa n ce complete and no additiona l billi ng) ( x ii) . El ectron ic Fu nds Tra n sfer (E FT ) ban king i n for matio n in accordance with 52 . 232 - 33 Payme n t by El ectron ic Funds Tra n sfer - System for Award Manageme n t or 52 - 2 32 - 34 , Payme n t by Electro n ic Funds Transfer - Other tha n System for Award Manageme n t . 3 . I nvo i ce Supporting Documentation . To ens u re payme n t , t he vendor mu st submit support ing docu mentat i on which provides s ubstantiation for t he invoiced costs to t he Contracting Of f icer Represe n tative (COR) or Poi n t of Contact (POC) identif i ed in the con tract . Invoice charges must Cont inued .. . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 580 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BEING CONTINUE D CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO_ SU PPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) align with t he con tract CLINs. Supporting documen t ation is required when guaranteed minimums are exceeded and when allowable costs are incurred . (i ii ) Fi rm Fixed-Price CL INs . Supporting docu men ta t io n is not re qu ired f or charges for FFP CLINs . 4 . Safeguarding I n for mati o n : As a contractor or v endor conducti ng business with Immi g ra ti o n and Customs Enforcement (ICE) , you are required to comply with DRS Po lic y regarding t he sa f egua rding o f Sensitive Personally Ide n ti f iable In form at io n (P Il ) . Sensitive PIl is in fo rmation t ha t iden ti f i es an i nd iv idual, in cl ud i ng an alien , and could result i n harm , e mbarrassme n t , i nco nve ni e nce or u nfa irness . Examples o f Sensitive PI I i nc l ude i nformat i on such as : Socia l Security Numbers , Al i en Re gist rat i on Numbers (A-Numbers), or comb inat ions o f i n forma ti o n such as the individua ls na me or other u ni que iden ti f i er and fu l l date o f birth , c i tizens h ip , or i mmi g ra t ion status . As pa rt of your obli ga t io n t o safeguard i nformati o n , the fol low precautions are re qu ired : (i) Email s uppo rt i ng doc ume n ts containing Sensitive PI I i n an e nc r ypted attachmen t with password sent separate l y to the Contracting Officer Representative assigned to the con t rac t . Iii) Never leav e paper doc umen ts con ta i ni n g Sensitive PI I u na t te nded and u ns ecure . Whe n no t i n use , t hese doc ume nts will be l ocked in drawers , cabinets , desks , e t c . so the i nformati on is no t accessib le to t hose without a need to kno w. (iii) Use s h redders whe n discarding paper documents contain i ng Sensitive PI I . (iv) Refer to the DHS Ha ndboo k for Safeguarding Sensitive Pe rso n a l ly Iden t i f i able In f orma t ion (Marc h 20 1 2) found at f b )(7){E) Continued NSN rS4ll-Ot·t52..aoor OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 581 Sponsored b\' GSA FAA (03 CFR) 53. '10 FERENCE NO_OF DOC UMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAME OF OFFE ROR OR CONTRACTOR WEST PUBL I SHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES (A ) QUANTITY (8 ) (e ) UN IT ( D) UN IT PRICE ( E) AMOUNT (F ) f for mo re informatio n on a nd /or examp les of Sens it ive PIr. 5 . I nvoice Inqu i ries . I f yo u ha v e q uest i ons regardi ng p a yment , please contact ICE Fin a n cia l Ope r a t io n s at 1-877- 4 91-6521 or b y e-mai l at W b}(6Hb }(71IC) The t ota l a mou n t of a ward : Wh\14\ The obli g at i on f o r th i s a ward i s s h o wn i n bo x 26 . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6 ) 2018-ICLI -00035 582 Sponsored by GSA FAA (03 CFR) 53. ' 10 Statement of Work Access to License Plate Reader Commercial Data Service C.I. lNTRODUCTION AND BACKGRO UND. The intent of this Statement of Work (SOW) is to describe ICE's operational requirements to obtain querybased aeccss to a commcrcially avai lable Liccnsc Platc Rcadcr (LPR) databasc to support its cri minal and immigration law enforcement missions. A commercial LPR database stores recorded vehicle license plate numbcrs from camcras cq uippcd with liccnsc platc rcadcr technology. Rccords arc uploadcd into thc systcm from a variety of governmental and private sources including, but not limited to, access control systems such as toll road or parking lot camcras, vchiclc rcposscssion companics, and law cnforccmcnt agencics. Licenses to access the commercial database are sold to commercial consumers as well as 10 law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database. ICE wi ll use LPR information obtained in response to queries of the commercial database to further its criminal law enforcement and civi l immigration enforcement missions. ICE immigration enforcement personnel will query the LPR database using known license plate numbers associated with subjects of their immigration enforcement activities, to determinc whcre and when the vehicle has traveled withi n a specified period of time. The results of the queries will assist in identifyi ng the location of aliens to further ICE's immigration enforcement mission. ICE will also use LPR infonnation obtained from the commercial database to furthe r its criminal law enforcement mission, which includes investigations relatcd to national sccurity, illegal arms exports, fina ncial crimes, commercial fraud, human trafficking, narcotics smuggling, ch ild pornography, and immigration fraud. For example, use of LPR data in this context could he lp to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal activity, such as smuggling. Use of this data is expected to enhance officer and publ ic safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g. , away from a subject's residence if there are suspected to be children or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially available, query-based LPR database for ICE law enforcement personnel at ICE offices across the United States in the execution of their official law enforcement duties. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performance Requirements The vendor provides: Data Service ContentJScope • The LPR data service shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substant ial unique LPR detection records. • The LPR data service shall compile LPR from at least 25 states and 24 of the top 30 most populous metropolitan statistical areas to the extent authorized bv law in those locations. o A metropol itan statistical area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office 2018-ICLI-00035 583 of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies fo r statistical purposes. • The LPR data service provider shall demonstrate the number of new unique records that were added to the commercially available LPR database each month for the last consecut ive twelve (12) months. • The LPR data service shall make avai lable at leastJO million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing similar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing simi lar services to other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instructions and guidance to fac ilitate usc of system. • The abil ity to compare new user requests with lists of personnel authorized by ICE to usc the vendor system. • Automatic verification of accounts with the ability to audit by using the user's Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or indirectly by the National Law Enforcement Telecommunication System (N LETS). • The ability to add new users or delete existing users within 24 business hours of ICE's request. • Ini tial training to orient personnel to the usc of their system, including " Help Desk" support related to the use, access, and maintenance of the system. • System training and "Esca lation Procedures" for agency managcr and shall include procedures for resetting passwords. • Unlimited technical support to each user. • Pcriodic or as needed updates to the web interface and mobile application. The vendor will employ appropriate technical, administrative, and physical security controls to protect the integrity, availability, and confidentiality of the data resident in its system. Functional Requirements Query Capabilities • Before a user is able to perform a query from the main system or mobile appl ication, the system must display upon logon a splash screen that describes the agency's pennissible uses of the system and data, and requires the user to affirmatively consent to these rules before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be avai lable to the users via a hyperlink within the main system interface (including any mobile app interface). o The agency will provide the language for the splash screen content. • All queries of the LPR data service shall be based on a license platc numbcr queried by the user only, and the data returned in responsc must be limited to matchcs of that license platc number only within the specified pcriod of time. 2018-ICLI-00035 584 • The system will not permit user queries of the data service unless a license plate number is entered. A query can only be conducted by entering a liccnse plate number. • The query interface will incl ude a drop-down field fo r users to select a reason code for the query from a pre-populated list. The specific reason codes wil l be provided by ICE. This field is mandatory for conducting a query. • The query interface wi ll require a user to identify whether the user is entering data for him or herself or fo r another individual. If the user is entering data for another individual, the query interface will require the user to enter the name of the other individual. • The query interface must include a free- text field of at least 255 characters for user notes. This wi ll allow for additional information that will assist ICE in refcrencing the specific case for which the query was performed. Completing this field shall be mandatory for conducting a query. • The system will have the capability to limit the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface wi ll have a field for the user to select or input the appropriate timeframe fo r the query. o The system will display results only for LPR detecti on records within that timeframe (e.g. , only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets. • To ensure accuracy of information, the response to a query must include at least two photos on all hits. o Photos must be of sufficient quality to allow the user to visually confirm the license plate and vehicle make/model in the photo are the same as what is represented in the vendor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two different map views, nearest address, nearest intersection, date and time the license plate was captured, GPS coordinates, and source of the record. o The vendor shall provide a notification mechan ism in the event ICE users identify photographs that do not match the data in their system (license plate numbers or make/model mismatches). The vendor shall address all erroneous data. The vendor shall notify ICE and the ICE user of any inputted erroneous data and keep ICE and ICE users informed of corrections to erroneous data. • The vendor will not use any information provided by the agency (query data) for its own purposes or provide access or disclose such information to other customers, business partners, or any other individual or entity. • The vendor will not use ICE' s queries (the license plate numbers input into the system) for its commercial purposes. The vendor will only use the queries submitted by ICE to maintain an audit log. Alert List Capabilities • The LPR data service sha ll provide an "Alert List" feature that wi ll allow ICE users to save license plate numbers so they wi ll be automatically queried agai nst new records loaded into the vendor's LPR database on an on-going basis. Any matches wi ll result in a near real-ti me notification to the user. 2018-ICLI-00035 585 • The LPR data service Alert Li st wi ll provide capabil ities to share Alert List notifications between ICE users involved in the investigation. • The Alert List feature wi ll: I) Automatically match new incoming detection records to user-uploaded orentered Alert Lists containi ng the license plate numbers of interest in the investigation; 2) Send an emai l notification to the user originating such Alert List records and to any ICE user that has been shared the Alert List indicating there is a license plate match to new records in the system; and 3) Provide within the LP R system for download a PDF case fi le report for the match (wi th maps, vehicle images, and all pertinent detection & Alert Li st record information) for each email alert notification. The notification must be able to be limi ted to the user o r a use r group of ICE law cnforcement officers involved in the speci fi c investigation. The notification will comply with all applicable laws, including the Driver' s Privacy Protection Act of 1994 , 18 U.S.c. §§ 2721-2725. • The LPR data service wi ll allow specifica lly designated users to batch upload a maximum of 2,500 license plate records into the "Alert List". The batch upload will be in the form of a si ngle comma separated variable (CSV) fi le with data fiel ds to include, but not li mited to the fo llowing: Plate number; State of Registration; Vehicle Year, Make, Model & Color; reason code and an open text fi eld, of at least 255 characters, fo r a user note to assist in referencing the specific purpose / investigation / operation for which the query was performed. • • The Alert List function wi ll include an automated capability that fl ags license plates for de-confliction. License plate pictures taken with the automated Optical Character Recognition (OCR) plate numbcr translation shall be submitted to the LPR data service system for matching with license plates on any eurrent ICE Alert List. Any positive matches shall re turn to the iOS appl ication (identified below) alerting authorized users of a positive match. These pictures will be uploaded into the data service que ry by an authorized ICE user along with any mandatory information needed fo r a no rma l query. The pictures will be retained in the vendor's system for audit purposes only and wi ll not be otherwise accessible or usable for search purposes. • Each license plate number on an Alert List wi ll be va lid for one year unless the user removes it before expira tion. The system wi ll prompt use rs two weeks prior to expiration and require the user to a ffirmati vely indicate that there eontinues to be an operational requi rement to keep the particular license plate entry on the Alert List active, or be given the option to delete the license plate from the Alert List. Prompts should continue periodically until the expiration date is reached. The system will grant the user an additional week after expirat ion to re new the entry in the Alert List. If the user does not re new, the system shal l remove the license plate number from the Alert List. • All Alert List activity shall be audi ted to capture user name, date and time, reason code, and use r note associated with the query, as well as license plate number entry, deletion, renewal, and expiration fro m the alert list. • The vendo r shall not retain any data entered onto an Alert Li st except as part of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert List. Mobile Device Capabilities • The LPR data service shall fea ture an iOS-compatible mobile appl ication that allows authorized ICE users to: o Query the LPR data service by entering the license plate number, state of registrat ion, reason code, and the ability to add returned positive matches into the Alert List. 2018-I CLI -00035 586 • o Have quick access and recall of any queries and Alert Lists associated with the user or designated user group. The vendor application wi ll delete any saved data on the mobile device after 60 days, ifnot already deleted manually by the user. o Provide capabilities to share Alert List notifications between ICE users involved in the investigation. The mobile application wi ll conform to all other performance, privacy, and functional requirements identified in the SOW. The vendor shall coordinate with ICE to make sure that the mobile application undergoes the required privacy assessment prior to use. Audit alld Reporting Capabilities • The vendor shall generate an immutable audit log in electronic fo rm that chronicles the fo llowing data: o Identity of the user initiati ng the query or the person on whose behalf the query is initiated, if diffe rent; o Exact query entered, to include license plate number, date limitations, geographic limitations (if applicable), reason code, and any other data selected or input by the user; o Date and time of query; and o Results of the query. • All Alert List activity shall be aud ited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall provide to IC E user audit reports on a quarterly basis and upon request. Audit reports shall contain the audit log information of a given user(s) for the specified period of time. The vendor shall provide the audit log in electron ic form via secure transmission to ICE promptly upon request. The format of the audit log shall allow for ICE to retrieve user activity by user name (or 10), query entered (e.g., particular license plate) and date/time. The exact technical requirements and format for the audit log will be negotiated after contract award. • The vendor shall promptly cooperate with an ICE request to retrieve and provide a copy of the actual records retrieved from the LPR data service in response to a particular query, or any other data relevant to user activity on the vendor system, for purposes of the agency's internal investigations and oversight. • The vendor shall not use audit trai l data fo r any purpose other than those specified and authorized in th is contract. • The vendor is to provide quarterly, or upon request, statistics based on positive hits agai nst the number of requested searches and hit list. • The audit logs specified in this statement of work are records under the Federal Records Act. The vendor shall mai ntain these records on behalf of ICE throughout the life of the contract, but for no more than seven (7) years. The vendor is not authorized to share these records, or the Alert List data, with any outside enti ties incl uding other law enforcement agencies. At the end of the contract, the vendor shall extract, transfer, and load these records (including any still-active Alert List data, if requested by ICE) to another storage medium or location specified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After successful transfer of these records, the vendor shall ensure all copies of the records (incl uding any stil l-active Alert List data) are securely deleted from all networks and storage media under its control or under the contro l of any of its agents or subcontractors. The vendor shall meet the fo llowing Key Performance Parameters (KPPs): 2018-I CLI-00035 587 1\1ctnc LPR Data Service l lnit of Mcasurc l\1immum Uptime - Unit of measure 100% > 99.0 Operating Schedu le 24/7/365 Schedu led downtime 99.0 Operating Schedule 24171365 Scheduled downtime 99.0% Validated User/Customer Complaints 100% Inspcction >99% Monitored monthly during the Transition In period. Contractor sel fmonitoring and Validated Use r/Customer Complaints 100% inspection Metrics will be reported in CPARS. Less than 5 seconds after submission 95% Monitored mo nthly during the life of the contract Contractor Selfmonitoring and Vali dated User/Customer Complaints 100% Inspection Metri cs wi ll be reported in CPARS. Performance Indicator 2018-ICLl -00035 591 4. METHODS OF QUALITY ASS URANCE (QA) SURYE ILLANCE Regardless of the surveil lance method, the COR shall always contact the Contractor's task manager or onsite representati ve when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the CO, shall be responsible for monitoring the Contractor' s performance in meeting a specific performance standardlAQL. Various methods exist to monitor performance. The COR wil l use the surveillance methods listed below in the administration of thi s QASP. a. PER IODIC INSPECTION • Schedul ed quarterly inspection of audit logs or as required b. V AUDATED USER/CUSTOMER COM PLAIN TS The Contractor is expected to establ ish and maintain professional communication between its employees and customers. The primary objective of thi s communication is customer satisfaction. Customer sati sfaction is the most significant external indi cator of the success and effectiveness of all services provided and can be measured through customer complaints. Perfonnanc e management drives the Contractor to be customer focused through initially and internal ly addressing customer complaints and invest igating the issues and/or problems but the customer always has the option of commun icating complaints to the COR, as opposed to the Contractor. Customer complaints, to be considered va lid, must be set forth clearly and in writing the detailed nature of the compla int, must be signed, and must be forwarded to the COR. Customer fee dback may also be obtained either from the resu lts of customer satisfaction surveys or from random customer complaints. • • • Review of identifi ed defic iencies and or complaints made by users of the services Investigate and validate Review of notification of report d iscrepancies c. 100% INSPECTION • • • • Review of LPR Data Service uptime Review of Scheduled Downtime Review Meantime Between Fail ure (MTB F) Review Overall Support Service Availab il ity d. Analysis of Contractor's progress report . The Contractor is req uired to provide a weekly progress report that will be used to communicate the Contractor's status in the Transition phase. e. Performance reporting. Survei llance results will be used as the basis for actions aga inst the Contractor Past Performance Report. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO's actions. 2018-ICLI-00035 592 5. DOCUMENTI NG PERFORMANCE Documentation must be accurate and thorough. Completeness, currency, and accuracy support both sati sfactory and unsatisfactory perfonnancc a. ACCEPTABLE PERFORMANCE The Government shall document positive performance. All positive performance should be documented by an email to the COR describing the outstanding perfonnance and why it is of value to the Government. This information shall become a part of the supporting documentation for the Contractor Performance Assessment Reporting System (CPARS) and the QASP b. UNACCEPTABLE PERFORMANCE When unacceptable pcrfonnancc occurs, the COR shall infonn the Contractor. This will be in writing unless circumstances necessitate verbal communication. in any case the COR shall document the discussion and place it in the COR file. When the COR determines formal wri tten communication is required, the COR shall prepare a Contract Di screpancy Report (CDR), and present it to the Contractor's representati ve. A CDR template is avai lable upon request to the Contracting Officer. The Contractor wi ll acknowledge recei pt of the CDR in writing. The CD R will spec ify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable perfomlance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to prese nt th is corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to detennine acceptability. Any CDRs will become a part of the supporting documentation for Past Performance. 6. FREQUENCY OF MEASUREMENT Wh ile the Contractor is fully expected to comply with all requirements in the PWS, the Government's assessment of Contractor performance will focus mainly on the objectives listed in the AQL column of the Performance Standards Summary Matrix. The COR wi ll monitor the Contractor's performance to ensure it meets the standards of the contract. Unacceptable perfonnance may result in the Contracting Officer taking any of the fo llowing actions: Require the Contractor to take necessary action to ensure that future perfonnance confonns to contract requirements, reduce the contract price to reflect the reduced value of the services, issue a Contract Discrepancy Report, or require the Contractor to re-pcrfonn the service. In addition, the Contractor 's performance will be recorded annually in the Contractor Perfonnance Assessment Report (CPAR). Signature - Contracting Officer's Representative Signature - Contracting Officer 2018-I CLI -00035 593 ATrACHMENT 3: TE RMS AND CON DI T IONS CUSTOM CO ADDED TERM S AN D CON DITIONS In the case ofa conflic t between the terms and conditions of the contractor's agreement and the terms and cond itions of this purchase order, all appl icable federa l statutes and regulations shall govern. 52.204-21 BASI C SAFEGUARDING OF COVE RED CONTRACTOR INFORMATION SYSTEM (JUN 2016) (a) Definitions. As used in this clause"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract informat ion. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or del iver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. " Information" means any commun ication or representation of knowledge such as fac ts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Securi ty Systems Instruction (CNSSI) 4009). " Information system" means a discrete set of information resources organized fo r the col lection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or control s that are prescri bed to protect info rmation systems. (b) Safeguarding requirements and procedures. (\) The Contractor shall apply the following basic safeguarding rcquircments and procedures to protect covered contractor infonnat ion systems. Requiremcnts and procedures fo r basic safeguarding of covered contractor informatio n systcms shall include, at a minimum, the following security controls: (i) Limit informa tion system access to authorized users, processes acting on bchalf of authorized users, or devices (including other information systems). (ii) Limit infonnation system access to the types of transact ions and funct ions that authorized users are pennilled (0 execute. (ii i) Verify and control/limit connections to and use of external informat ion systems. (iv) Control infonnation posted or processed on publ icly accessible information systems. (v) Identify information system users, processes acting on behal f of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowi ng access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Infonnation before d isposal or release for reuse. (viii) Limit physical access to organizational infonnation systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases arc available. 2018-ICLI-00035 594 (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguardi ng requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including th is paragraph (c), in subcontracts under this contract (including subcontracts fo r the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its info rmation system. 52.209-07 INFORMATION REGARDING RESPONS IBILITY MATTERS (JUL 2013) (a) Defi nitions. As used in this provision. "Admini strative proceeding" means a no n-judicial process that is adjudicatory in nature in order to make a detem1ination of fault or liabi lity (e.g., Securities and Exchange Commission Administrative Proceedings, Civi lian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State leve l but only in connection with performance of a Federal contract or grant. It does not include agency actions suc h as contract audits, site visits, corrective plans, or inspection of deliverables. " Fcderal contracts and grants with total value greater than $ 10,000,000" means. (I) The total value of al l current, active contracts and grants, including all priced options; and (2) (2) Thc total value ofa l! currcnt, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). " Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibi lities within a business ent ity (e.g., general manager; plant manager; head ofa division or business segment; and similar positions). (b) The offeror [1 has [ ] does not have current active Federal contracts and grants with total value greater than S I 0,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (F APII S) is current, accurate, and comp lete as of the date of submission of this offer with regard to the fo llowing information: (1) Whether the offeror, and/or any of its principals, has o r has not, within the last fi ve years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a fi nding of fault and liabil ity that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more. (ii i) In an administrative proceeding, a findi ng of fault and liabi lity that rcsu lts in. (A) The payment of a monetary fine or penalty of$5 ,000 or more; or (B) The payment ofa reimbursemcnt, rcstitution, or damages in exccss ofS 100,000. (iv) In a criminal, civil, or administrative procecd ing, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor ifthc proeecding could have led to any of the outcomes specified in paragraphs (c)( I lei), (c)( I )(ii), or (c)( I )(iii) of this provision. 2018-ICLI-00035 595 (2) [fthe offeror has been involved in the last five years in any of the occurrences listed in (c)(I) of this provision, whether the offeror has provided the requested infonnation with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)( I)(i) through (c)(I)(iv) of this provision in FAPllS as required through maintaining an active registration in the System for Award Management database via https:llwww.acquisi tion.gov(see52.204-7). S2.212-IINSTRUCTIONS TO OFFERORS. COMMERCIAL IT EMS (J AN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisi tion appear in Block [0 of the sol icitation cover sheet (Sf. [449). However, the small business size standard for a concern which submi ts an offer in its own name, but which proposes to furnish an item which it did not itse[fmanufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF [449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show. ([) The sol icitation number; (2) The time specified in the solicitation fo r receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A tcchnical dcscription ofthc itcms bci ng offcrcd in sufficient detail 10 cva[uatc comp[iancc with thc requircments in thc solicitation. This may include productl itcrature, or other documents, if necessary; (5) Tern1s of any express warranty; (6) Price and any discount terms; (7) " Rcmit to" address, if different than mai ling address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete e lectronically); (9) Acknowledgment ofSo[ici tation Amendments; ([ 0) Past performance information, when included as an evaluation fac tor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (II) Irthe offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the tenns and conditions of the sol icitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer finn for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the sol icitation. (d) Product samples. When required by the sol icitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in Ihis solicitation, these samples shall be submitted at no 2018-ICLI-00035 596 expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward test ing. (e) Multiple offers. Offerors are encouraged to submit mUltiple offers presenting alternative terms and condit ions, including alternative line items (provided that the alternat ive line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitat ion. Each offer submitted will be evaluated separately. (t) Late submissions, modifications, revisions, and withdrawals of offers. (I) Offerors arc responsible for submining offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time speci fi ed in the sol icitation. lfno time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and. (A) lfit was transmitted through an cleetronic commerce method authorized by the sol icitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (8) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this sol icitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to estab lish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, othcr documentary evidence ofreceipt maintai ned by the installation, or oral testimony or statements of Government personnel. (4) If an cmergeney or unanticipated event intelTUpts normal Govcrnment processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the so licitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the firs t work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral so licitations may be withdrawn orally. If the sol icitation authorizes facs imile offers, offers may be withdrawn via facsimile received at any time before the exact time set fo r receipt of offers, subject to the conditions specified in the sol icitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is establ ished and the person signs a receipt for the offer. (g) Contract award (not applicable to Invi tation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct di scussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such 2018-ICLI-00035 597 action is in the public interest; accept other than the lowest offer; and waive informali ties and minor irregularit ies in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qual ifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right 10 make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availabi lity of requirements documents cited in the sol icitation. (I)(i) Thc GSA Indcx of Fcderal Spccifieations, Standards and Commercialltcm Descriptions, FPMR Part 101-29, and copics of spccifications, standards, and commcrcial itcm descriptions cited in this solicitation may be obtaincd for a fee by submitting a request to. GSA Fcderal Supply Scrvicc Spccifieations Sect ion Suitc 8100 470 East L' Enfant Plaza, SW Washington, DC 20407 Telephonc (202) 619-8925 Facsimile (202) 6 19-8978. (ii) Ifthc Gcncral Serviccs Administration, Dcpartmcnt of Agriculturc, or Departmcnt ofYctcrans Affairs issucd this sol icitation, a single copy of spccifieations, standards, and commercial item descri ptions citcd in this solicitat ion may be obtaincd free of charge by submitting a request to the addressec in paragraph (i)(1 lei) of this provision. Additional copies will bc issucd fo r a fcc. (2) Most unclassified Defense specifications and standards may be downloadcd from the fo llowing ASSIST wcbsites: (i) ASSIST (https:llassist.dla.mil/online/startJ). (ii) Quick Search (http;llguieksearch.dla.mi ID. (ii i) ASS1STdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by. (i) Using the ASSIST Shopping Wizard (https:llassist.dla.millwizardlindex.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (ii i) Ordering from DoDSSP, Building 4, Section 0 , 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their prcparation, publication, or mai ntenance. U) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of$3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" 2018-ICLI-00035 598 followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (E FT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying al ternative EFT accounts (see subpart 32 . 11) for the same entity. If the Offeror does not have a un ique enti ty identifier, it should contact the enti ty designated at www.sam.gov fo r unique entity identifier establishment directl y to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the enti ty designated at www.sam.gov for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, duri ng performance and through final payment of any contract resulting from this sol icitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracti ng Officer wi ll proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through hllps://www.acquisition.gov. (I) Debriefin g. If a post-award debriefing is given to requesting offerors, the Government shall diselose the following information, if applicable: (I) The agency's evaluation of the significant weak or deficient fac tors in the debriefed offeror' s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commcrcial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable respo nses to relevant quest ions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, appl icable regulations, and other applicable authorities were fo llowed by the agency. (End of provision) S2.212-2EVAL.. UA TION. COMMERCIAL.. ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: I. Technical Approach II. Past Perfonnance II I. Price Technical and past performance , when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option 2018-ICLI-00035 599 prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A writtcn noticc of award or acceptance of an offer, mailed or otherwise furnishcd to the succcssful offcror within the time for acceptance specified in the offer, shall result in a binding contract without fu rther action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 (NOV 2017) OFFEROR REPRESENTATIONS AND CERTIFICATIONS. COMMERCIAL ITEMS The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electron ically via the System fo r Award Management (SAM) website located at https:llwww.sam.gov/portal. If the Offcror has not completed the annual represcntations and ccrtificatio ns electronically, thc Offeror shall completc only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision. "Econom ically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which arc controlled by, onc or morc womcn who arc citizcns ofthc Unitcd Statcs and who arc economically disadvantaged in accordance with 13 CFR part 127. It automatically quali fies as a women-owned small business eligible under the WOSB Program. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or morc cntitics that control an immcdiate owner of tile offeror. No entity owns or exercises control of the highest level owner. " Immediate owner" means an entity, other than the offeror, that has di rect control of the offeror. Indicators of control include, but are not limited to, one or more of the fo llowing: ownership or interlock ing management, idcntity of intcrests among family mcmbers, shared fac ilitics and cquipment, and the common usc of cmployees. " Inverted domestic corporation", means a fore ign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(bl, appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except. (I) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Ani mals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Gradcs of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricul tural and Forestry Products; (8) PSC 96 10, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. " Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the fi nished product that is to be provided to the Government. If a product is disassembled and reassembled, the place ofreasscmbly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mi neral extraction activities, o il-related activities, or the production of mi litary equipment, as those terms are defined in the Sudan Accountability and Divestment Act of2007 (Pub. L. 110-174). Restricted business operations 2018-ICLI-00035 600 do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Di vestment Act of2007) conducting the business can demonstrate. (\) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Arc conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providi ng goods or services to marginalized populations of Sudan; (4) Consist of providi ng goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education ; or (6) Have been voluntarily suspended. "'Sensitive technology". (\) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically. (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Docs not include information or inforn1ational materials the export of which the President docs not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 V.S.C. l702(b)(3». "Service-disabled veteran-owned small business concern". (\) Means a small business concern. (i) Not less than 5 1 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 5 1 percent of the stock of which is owned by one or more servicedisabled veterans; and (ii) The management and dai ly business operations of which are controlled by one or more service-disabled veterans or, in the case ofa service-disabled veteran with permanent and severe disabi lity, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 V.S.c. 101(2), with a disability that is servieeconnected, as defined in 38 V.S.c. 101( 16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the ficld of operation in which il is bidding on Government contracts, and qualificd as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that. (\) [s at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by. (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exc lusions set forth at 13 CFR 124. 104(c)(2); and (2) The management and dai ly business operations of which arc controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (I lei) and (ii) of this defin ition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned. (1) Directly by a parent corporation; or (2) Through anothcr subsidiary ofa parent corporation. "Veteran-owned sma ll business concern" means a small business concern. 2018-ICLI-00035 601 (i) Not less than 5i percent of which is owned by one or more veterans (as defined at 38 U.S.c. iO 1(2» or, in the case of any publicly owned business, not less than 5i percent of the stock of which is owned by one or more veterans; and (2) The management and daiiy business operations of which arc controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that oniy changes its name. The extent of the responsibility of the successor fo r the iiabii ities of the predecessor may vary, depending on State iaw and specific circumstances. "Women-owned business concern" means a concern which is at least 5i percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small busi ness concern" means a small business concern. (i) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern el igible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(I) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically changc the rcpresentations and cert ifications posted on the SAM website. (2) The offeror has completed the annual representat ions and certifications electronically via the SAM website accessed through http://www.acquisition.gov.AfterreviewingtheSAM database information, the offeror verifies by submission of this offcr that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications.Commerciall!ems, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NA ICS code referenced for this solici tation), as of the date of thi s offer and are incorporated in this offer by rcfcrence (sec FAR 4.120 1), except for paragraphs _ _ _ _ _---, (Offeror to identify the appl icable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of th is solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accuratc, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be perfornled in the United States or its outlying areas. Check all that apply. (i) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (e)(l) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disab led veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only irthe offeror represented itsc1fas a sma ll busi ness concern in paragraph (c)(I) of this provision.] The offeror represents, that it 0 is, 0 is not a small disadvantaged business concern as defined in 13 CF R J 24.1002. 2018-ICLI-00035 602 (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(I) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. (6) WOSB conccrn eligible under thc WOSB Program. [Complete only ifthc offcror rcprescntcd itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represenls that. (i) It 0 iS,D is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its el igibility; and (ii) It 0 is, 0 is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of thi s provision is accurate for each WOSB concern eli gible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern el igible under the WOSB Program and other small busi nesses that are participating in the joint venture: .] Each WOSB concern el igible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itse lf as a WOSB concern e ligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that. (i) It 0 is, 0 is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibi lity; and (ii) It 0 is, 0 is not ajoint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is aecurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that .] Each EDWOSB concern participating in the joint venture shall are participating in the joint venture: submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expectcd to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete on ly if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)( 1) of thi s provision.] The offcror represents that it 0 is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, smal1 business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract priee: __________- : _ - - - - _ : _ (\0) HUBlone small business concern. [Complete only if the offeror represenled itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents, as part of its offer, that. (i) It 0 is, 0 is not a HUBlone small business concern listed, on the date of this representation, on the List of Qualified HUBlone Sma ll Business Concerns maintained by the Small Business Administration, and no material changes in ownership and cOnlrol, principal office, or HUBlone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It 0 is, 0 is not a HUBlone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(IO)(i) of this provision is accurate for each HUBlone small business concern participating in the HUBlone joint venture. [The offeror shall enter the names of each of the HUBlone small business concerns participat ing in the HUBlone joinl venlure: .] Each HUBlone small business concern participating in the HUBlone joint venture shall submit a separate signed copy of the HUBlone representation. (d) Representations required to implement provisions of Executive Order 11246. (\) Previous contracts and compliance. The offeror represents that. 2018-ICLI-00035 603 (i) It 0 has, 0 has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) [t 0 has, 0 has not filed all required compliance reports. (2) Affirmative Action Compliance. The offcror rcprcscnts that. (i) It 0 has developed and has on file, 0 has not developed and does not have on file, at each establishment, affi rmative action programs required by rules and regulations of the Secretary of Labor (4 [ cfr parts 60- [ and 60-2), 0' (ii) [t 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.c. 1352). (Appl ies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federa[ appropriated funds have been paid or wi ll be paid to any pcrson for infl ucncing or attempting to in !1uence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on hi s or her behalf in connection with the award of any resultant contract. [f any registrants under the Lobbying Di sclosure Act of [995 have made a lobbyi ng contact on bchalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMS Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom paymems of reasonable compensation were made. (f) Suy American Certificate. (Applies only if the clause at Federa[ Acquisition Regulation (FAR) 52.225- 1, Buy American.Supplies, is included in this sol icitation.) (I) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unk nown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as fo reign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially availab[e off-the-she lf(COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" arc defincd in the clause of this solicitation entilled " Buy American. Supplies." (2) Foreign End Products: Line Item No. Country of Origin [List as necessary] (3) The Government will evaluate offcrs in aecordance with the polieies and procedures of FAR Part 25. (g)( [) Buy American. Free Trade Agreements. Israel i Trade Act Cert ificate . (Appl ies only if the clause al FAR 52.225-3, Buy American. Free Trade Agreements. Israeli Trade Act, is included in th is solici tation.) (i) The offcror certifies that each end product, except those listed in paragraph (g)( 1)(ii) or (g)( 1)(iii) of this provision, is a domestic end produet and that for other than COTS items, the offeror has considered componcnts of unknown origin to have been mined, produced, or manufactured outside the United States. The terms " Bahrainian, Moroccan, Oman i, Panamanian, or Peruvian end product," " commercially available off-the-shelf(COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," 2018-ICLI-00035 604 "Free Trade Agreement country end product," " Israeli end product," and "United States" are defined in the clause of thi s sol icitation entitled " Buy American. Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian cnd products) or Israeli end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. lsrael i Trade Act'": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani , Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (ii i) The offeror shall list those suppl ies that are fore ign end products (other than those listed in paragraph (g)( I)(i i) of this provision) as defined in the clause of this solicitation entitled " Buy American.Free Trade Agreements.lsraeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qua lify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 . (2) Buy American. Free Trade Agreemcnts. Israeli Tradc Act Certificate, Alternatc I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, subst itute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. Israel i Trade Act" : Canadian End Products: Line Item No. [List as necessary] (3) Buy American.Free Trade Agreemellts.Israeli Trade Act Certificate, Alternate [I. If Alternate II to the clause at FAR 52.225-3 is incl uded in this solicitation, substitute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: 2018-ICLI-00035 605 (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American.Free Trade Agreements. lsraeli Trade Act"; Canadian or Israeli End Products; Line Item No. Country of Origin [List as necessary] (4) Buy American.Free Trade Agreements.Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the followi ng paragraph (g)( I )(ii) for paragraph (g)( I)(i i) of the basic provision; (g)( I )(i i) The offeror cert ifies that thc fo llowing supplies arc Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act"; Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in th is so licitation.) (i) The offeror ccrtifies that each end product, exccpt those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solic itation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that arc not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin [List as necessary] (ii i) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offcrs of U.S.-made or designated country end products wi thout regard to the restrictions of the Buy American statute. The Government will consider for 2018-ICLI-00035 606 award only offers of U.S.-made or designated country end products unless the Contracting Officer detennines that there are no offers for such products or that the offers for such products are insuffic ient to fulfill the requirements of the so licitation. (h) Certification Rcgardi ng Responsibi lity Mattcrs (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror cert ifies, to the best of its knowledge and belief, that the offeror and/or any of its principals. (I) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ineli gible fo r the award of contracts by any Federal agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtai ning, attempting to obtain, or performing a Federal , state or local governmcnt contract or subcontract; violation of Federal or state antitrust statutes relati ng to the submission of offcrs; or commission of embezzlement, theft, forgery , bribery, fa lsification or destruction of records, making fa lse statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, comm ission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 '·Iave, 0 have not, within a three-year period preceding this offer, bcen notified of any del inquent Federal laxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered del inquent ifboth of the fo llowing criteria apply: (A) The tax liability is fina lly dctcrmined. The liabil ity is finally determi ned ifi t has been assessed. A liability is not finally dctcrmined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finall y determined unti l all judicial appeal rights have been exhausted. (9) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liabi lity when full payment was due and required. A taxpayer is not del inquent in cases where enforced collection action is prccluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax defic iency. This is not a delinquent tax because it is not a final tax liabi lity . Should the taxpayer seek Tax Court review, th is wi ll not be a final tax liabi lity until the taxpayer has exercised all judicial appeal rights. (9) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liabi lity, and the taxpayer has been issued a notice under I.R.C. §6320 entitl ing the taxpayer to request a hearing with the IRS Office of Appeals contcsting the lien fi ling, and to further appeal to the Tax Court if the IRS dctcrmi nes to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportuni ty to contest the liabi lity. Thi s is not a delinquent tax because it is not a final tax liabi lity. Should the taxpayer seek tax court review, this wi ll not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant 10 I. R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make fu ll payment. (D) The taxpayer has fil ed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under II U.s.c. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)( I) any end products being acquired under this solicitati on that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Chi ld Labor, unless excluded at.J (I) Listed end products. 2018-I CLI -00035 607 Listed End Product Listed Countries or Origin (2) Certification. (If the Contract ing Officer has identified end products and countries of origin in paragraph (i)( 1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(i i) by checking the appropriate block.] o (i) The offeror will not supply any end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in thc corresponding country as listed for that product. o (i i) The offeror may supply an end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured chi ld labor was used to mine, produce, or manufacture any such end product furn ished under this contract. On the basis of those efforts, the offcror certifies that it is not aware of any such use of child labor. (i) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisi tion of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture ofthc end products it expects to provide in response to this solicitation is prcdominantly. (\) 0 In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regarding exemptions from thc application of the Scrvice Contract Labor Standards (Certification by the offeror as to its compl iance with respect to the contract also constilUtes its certificat ion as to compl iance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)( \) or (k)(2) appl ies. J 0 (\) Maintcnance, cal ibration, or rcpair of certain cquipment as deseribcd in FAR 22.\003-4(c)(\). The offeror 0 does 0 does not certify that. (i) The items of equipment to be serviced under this contract are used regularly for other than Govcrnmental purposes and arc sold or tradcd by the offeror (or subcontractor in thc casc of an cxempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furn ished at prices which are, or are based on, established catalog or market prices (see FAR 22 .1003-4(c)(2)(ii» for the maintenance, cal ibration, or repair of suc h equipment; and (ii i) Thc compensation (wage and fri nge benefits) plan for all service employecs pcrforming work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. o (2) Certain services as described in FAR 22.1003-4(d)( \). The offeror 0 does 0 does not certify that. (i) The services undcr the contract arc offered and sold rcgularly to non-Governmental customers, and arc provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services wi ll be furnis hed at prices that are, or are based on, establ ished catalog or market prices (sec FAR 22 .1003-4(d)(2)(iii»; (ii i) Each service employee who wi ll perform the services under the contract will spend only a small portion of his or her time (a month ly average of less than 20 percent of the avai lable hours on an annuali zed basis, or less than 20 percent of available hours duri ng the contract period if the contract period is less than a month) servicing the Govcrnmcnt contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees perform ing work under the contract is the same as that used fo r these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)( I) or (k)(2) of this c lause applies. 201B-ICLI-00035 60B (i) If the offeror does not certify to the condit ions in paragraph (k)( I) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the sol icitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)( I) or (k)(2) of this clause or to contact the Contract ing Officer as required in paragraph (k)(3)(i) of this clause. (1) Taxpayer Identification Number (TIN) (26 U.S.c. 6109.31 U.S.c. 7701). (Not applicable if the offeror is required to provide this infom1atio n to the SAM database to be eligible for award.) (I) All offerors must submit the informat ion required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requirements of31 U.S.C. 7701 (c) and 3325(d), reporting requirements of26 U.S.c. 6041, 6041 A. and 605 OM, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any del inquent amounts arising out of the offeror's relat ionship with the Government (31 U.S.c. 770 l(c )(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (T IN). D TIN: __~__~~~____________ o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or fore ign partnership that docs not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organizat ion. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CF R 1.6049-4; o Other _ _ _ _ _ _ _ _ _ _ _ _ __ (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________ TI N :-c---,-------,------,-,-----,---,-. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracti ng with Inverted Domestic Corporations. (I) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts wi th either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9. IOS-2(b) applies orthe requirement is waived in accordance with the procedures at 9. IOS-4. (2) Representation. The Offeror represents that. (i) It 0 is, 0 is not an inverted domestic corporation; and (ii) [t 0 is, 0 is not a subsidiary of an inverted domestic corporation. 2018-ICLI-00035 609 (0) Prohibition on contract ing with entities engaging in certain activities or transact ions relat ing to Iran . (I) The offeror shal l e-mail questions concerning sensitive technology to the Department of State at CISA DA 106@state.gov. (2) Representation and Certifications. Unless a waiver is grantcd or an exception applies as providcd in paragraph (0)(3) of this provision, by submission of its offer, the offeror. (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or indi viduals owned or contro lled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activi ties for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds 53,500 with [ran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.c. 1701 et seq.) (see OFAC' s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofae/downloadsftllsdn.pdO. (3) The representation and certificat ion requirements of paragraph (0)(2) of this provision do not apply if. (i) This solicitation includes a trade agreements certification (e.g., 52 .212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be suppl ied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all sol icitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solici tation. (1) The Offeror represents that it 0 has or 0 does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision fo r each participant in the joint venture. (2) [f the Offeror indicates "has" in paragraph (p)( I) of this provision, enter the following information: Immediate owner CAGE code: __________ Immediate owner legal name: __________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: 0 Yes or 0 No. (3) [fthe Offeror indicates ""yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following informa tion: Highest-level owner CAGE code: _________ Highest-level owner legal name: _________ (Do not usc a "'doing business as" name) (q) Representation by Corporations Regarding Del inquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Di vision E of the Consolidated and Further Continuing Appropriations Act, 20 IS (Pub. L. I 13-235), and simi lar provisions, if contained in subsequent appropriations acts, The Government wi ll not enter into a contract with any corporation that. (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liabi lity, where the awarding agency is aware of the unpaid tax liabi lity, unless an agency has considered suspension or debarment of the corporation and made a detern1ination that sllspension or debarment is not necessary to protect the interests of the Government; or 2018-ICLI-00035 610 (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debannent of the corporation and made a determination that this action is not necessary to protect the interests of the Govern ment. (2) The Offeror represents that. (i) 11 is 0 is not 0 a corporat ion that has any unpaid Federal tax liability that has been assessed, for which all judicial and admini strative 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 liabi lity; and (ii) It is 0 is not 0 a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204- 16, Commercial and Government Entity Code Reporting.) (1) The Offcror represents that it 0 is or 0 is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(l) of this provision, enter the followi ng information for all predecessors that held a Federal contract or grant withi n the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: - - (or mark "Unknown") Predecessor legal name: ____________ (Do not use a "doing business as" name) (s) [Rescrved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduct ion Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1 (k». (I) This representation shall be completed if the Offeror received $7.5 mill ion or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 mi llion in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itse lf or through its immediate owner or highest-leve l owner) 0 does, 0 does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results ofa greenhouse gas inventory, performed in accordance with an accounting standard with publicly avai lable and consistent ly applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest- level owner) 0 does, 0 does not publ icly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publiely accessible website a target 10 reduce absolute emissions or emissions intensity by a specific quantity or percentage. (ii i) A publicly accessible website includes the Offeror's own website or a recogni zed, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked "docs" in paragraphs (t)(2)(i) or (t)(2)(i i) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals arc reported: _ _ _-,--_ _-,--_ (u)( l) In accordance with section 743 of Division E, Title VII , of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. I 13-235) and its successor provisions in subsequent appropriations acts (and as extended in continui ng resol utions), Government agencies arc not permitted to usc appropriated (or otherwise made avai lable) funds fo r contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud , or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2018-ICLI-00035 611 (2) The prohibition in paragraph (u)(\) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Informati on Nondisclosure Agreement), Form 4414 (Sensiti ve Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nond isclosure of classi fi ed information. (3) Representation. By submission of its offer, the Offeror represents that it wi ll not require its employees or subcontractors to sign or comply wi th internal confidentiality agreements or statements prohibi ting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance ofa Government contract to a designated investigative or law enforcement representative ofa Federal department or agency authorized to receive such infonnat ion (e.g. , agency Office of the Inspector General). FAR 52.212-4CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) This clause is incorporated by reference. The full text of the clause is available at; hllps://www.acquisition.govIFARJ. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEM ENT STATUTES OR EXECUTIVE ORDERS - COMMECIAL ITEMS (NOV 2017) (a) The Contractor shall comp ly with the fo llowing Federal Acquisition Regulation (FA R) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders appl icable to acquisitions of commercial items: [ZJ 52.203- 19 Prohibit ion on Requiring Certain Internal Confident iality Agreements or Statements (JAN 2017) [ZJ 52.209- 10 Prohibition on Contracting with Inverted Domestic Corporations (NOY 2015) [ZJ 52.233-3 Protest After Award (AUG 1996) [ZJ 52.233-4 Appl icable Law fo r Breach of Contract Claim (OCT 2004) (b) The Contractor shall comply with the FAR clauses in thi s paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executi ve orders applicable to acquisitions of commercial items: D 52.203-6 Restrict ions on Subcontractor Sales to the Government (SEPT 2006) o Alternate I (OCT 1995) [ZJ 52.203- 13 Contractor Code of Business Eth ics and Conduct (OCT 2015) D 52.203- 15 Whistlcblower Protections under the American Recovery and Rei nvestment Act of2009 (JUNE 2010) [ZJ 52.204- 10 Reporting Execut ive Compensation and First-Tier Subcontract Awards (OCT 2016) D (Reserved] [ZJ 52.204- 14 Service Contract Reporting Requirements (OCT 2016) D 52.204- 15 Service Contract Reporting Requirements for Indefinite-Del ivery Contracts (OCT 2016) 2018-ICLI-00035 612 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debannent (OCT 2015) D 52.209-9 Updates of Publicly Available Informat ion Regard ing Responsibil ity Matters (JUL 2013) D (Reserved] D 52.219-3 Notice of Total HUBZone Set-Aside (NaY 20 II) D D Alternate I (NaY 2011) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) D Alternate I (JAN 20 II) D (Reserved] D 52.219-6 Notice of Total Small Business Set-Aside (NaY 20 II) D o Alternate I (NaY 2011) D Alternate II (NaY 2011) 52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003) D Alternate I (OCT 1995) D Alternate II (MA R 2004) C8J 52.219-8 Utilization of Small Business Concerns (NaY 2016) o 52.219-9 Smal l Business Subcontracting Plan (JAN 2017) 0 Alternate I (NaY 2016) 0 Alternate II (NaY 2016) 0 Alternate III (NaY 2016) 0 Alternate IY (NaY 2016) D 52.219- 13 Notice ofSel-Aside of Orders (NaY 2011) C8J 52.219- 14 Limitations on Subcontracting (JAN 2017) D 52.219- 16 Liquidatcd Damages - Subcontracting Plan (JAN 1999) D 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NaY 2011) C8J 52.219-28 Post A ward Small Business Program Rerepresentalion (JUL 2013) o 52.219-29 Notice ofSel-Aside for, or Sole Source Award 10, Economically Disadvantaged Women-Owned Small Busi ness Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) 2018-I CLI-00035 613 D 52.219-30 Noticc ofSct-Asidc for, or Solc Sourcc Award to, Women-Owned Small Busincss Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) C8J 52.222-3 Convict Labor (JUN 2003) C8J 52.222- 19 Child Labor - Cooperation with Authorities and Remedies (OCT 2016) C8J 52.222-21 Prohibit ion of Segregated Facilit ies (APR 2015) C8J 52.222-26 Equal Opportunity (SEPT 2016) C8J 52.222-35 Equal Opportunity for Veterans (OCT 2015) C8J 52.222-36 Equal Opportunity for Workers with Di sabilit ies (JU L 201 4) C8J 52.222-37 Employment Reports on Veterans (FEB 2016) C8J 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 20 I0) D 52.222-50 Combating Trafficking in Pcrsons (MAR 2015) D Alternate 1 (MAR 20 15) C8J 52.222-54 Employment Eligibility Verificat ion (OCT 2015) D 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MA Y 2008) D Alternate J (MAY 2008) D 52.223- 11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) D 52.223- 12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Ai r Conditioners (JUN 20 16) D 52.223- 13 Acquisition of EPEAT®- Registered Imaging Equipment (JUNE 2014) D D Alternate J (OCT 2015) 52.223- 14 Acquisi tion of EPEAT®-Rcgistcred Televisions (JUNE 2014) D Alternate 1 (JUNE 2014) D 52.223- 15 Energy Efficiency in Energy-Consuming Products (DEC 2007) D 52.223- 16 Acquisition of EPEAT®- Registered Personal Computer Products (OCT 2015) D Alternate J (JUNE 2014) C8J 52.223- 18 Encouraging Contractor Policies to Ban Tcxt Mcssaging While Driving (AUG 20 11) D 52.223-20 Aerosols (J UN 2016) D 52.223-21 Foams (JUN 20 16) 2018-ICLI-00035 614 52.224-3 Pri vacy Training (JAN 2017) D Alternate I (JAN 2017) D 52.225- 1 Buy American - Suppl ies (MAY 20 14) o 52.225-3 Buy American - Free Trade Agreements-Israel i Trade Act (MAY 2014) D Alternate I (MA Y 2014) D Alternate II (MAY 2014) o Alternate JJJ (MAY 2014) [ZJ 52.225-5 Trade Agreements (OCT 2016) [ZJ 52.225- 13 Restrictions on Certain Foreign Purchases (JUN 2008) o 52.225-26 Contractors Perfonning Pri vate Securi ty Functions Outside the United States (OCT D 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) D 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) D 52.232-29 Tenns for Financing ofrurchases of Commercial Items (FE B 2002) D 52.232-30 Installment Payments for Commercial1tems (JAN 2017) [ZJ 52.232-33 Payment by Electronic Funds Transfcr-System for Award Management (J UL 2013) D 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 20 13) o 52.232-36 Paymcnt by Third Party (MA Y 20 14) D 52.239- 1 Privacy or Security Safeguards (AUG 1996) D 52.242-5 Payments to Small Business Subcontractors (JAN 201 7) D 52.247-64 Preference for Private ly Owned U.S.-Flag Commercial Vessels (FE B 2006) D 2016) Alternate I (AP R 2003) (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 thi s contract by reference to impl ement provisions of law o r Executive orders app licable to acquisitions of commercial items: D 52.222- 17 Nondisplacement of Qualified Workers (MAY 2014) D 52.222-4 1 Service Contract Labor Standards (MAY 201 4) D 52.222-42 Statement of Equivalent Rates for Federal Hires (MA Y 201 4) D 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (MUltiple Year and Option Contracts) (MA Y 201 4) 2018-ICLI-00035 615 D 52.222-44 Fair Labor Standards Act and Scrvice Contract Act- Pricc Adjustment (MA Y 20 14) D 52.222-5 1 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Maintcnance, Calibration, or Rcpair of Certain Equipmcnt- Rcquircments (MAY 2014) D 52.222-53 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) D 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) [ZJ 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) D 52.226-6 Promoting Exccss Food Donation to Nonprofit Organizations (MAY 2014) D 52.237- 11 Accepti ng and Di spensing of$l Coi n (SEPT 2008) (d) Compfroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if thi s contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and docs 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 evidencc for examination, audit, or reproduction, unti 13 years after fi nal payment under th is contract or for any shortcr pcriod spccified in FAR Subpart 4.7, Contractor Records Rctcntion, of thc othcr clauscs of this contract. If this contract is completely or partially tenninated, the records relating to the work terminated shall be made avai lable for 3 years after any resulting fina l termination settlement. Records relating to appeals under the disputes clausc or to litigation or the settlement of claims arising under or relating to this contract shall be made available unt il such appeals, litigation, or claims arc finally rcsolvcd. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and rcgardless of form. This does not rcquire the Contractor to create or maintain any record that thc Contractor docs not maintain in the ordinary coursc ofbusincss or pursuant to a provision of law. (e)( l) 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 commcrcial items. Unless otherwise indicated bclow, thc cxtcnt of the flow down shall bc as rcquircd by the clause52.203- 13, Contractor Code of Business Ethics and Conduct (Oct 20 15) (41 U.S.c. 3509). (ii) 52.203-19, Prohibition on Requiring Ccrtain lntcrnal Confidcntial ity Agrecments or Statements (Jan 2017) (section 743 of Di vision E, Tit le VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235) and its successor provisions in subsequent appropriations acts (and as extendcd in continuing resolutions». (iii) 52.219-8, Utilization of Small Business Conccrns (Nov 20 16) (15 U.S.c. 637(d)(2) and (3», in all subcontracts that oITer furthe r subcontracting opportunities. If the subcontract (except subcontracts to small business (i) 2018-ICLI-00035 616 concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222·17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) ofF AR clause 52.222-17. (v) 52.222·21 , Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222·26, Equal Opportuni ty (Sept 2016) (E.O. 11246). (vii) 52.222·35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.c. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Di sabilities (JuI 2014) (29 U.S.c. 793). (ix) 52.222·37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222·41, Service Contract Labor Standards (May 2014) (41 U.S.c. chapter 67). (xii) _XJA) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.c. chapter 78 and E.O 13627). ~(B) Alternate I (Mar 2015) of52.222-50 (22 U.S.c. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Scrvice Contract Labor Standards to Contracts fo r Maintenance, Calibration, or Repair ofCeTiain Equipment-Requirements (May 20 14) (41 U.S.C. chapter 67). (xiv) 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). (xv) 52.222-54, Employment Eligibility Vcrification (Oct 2015). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 20 15). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13 706 (JAN 20 17) (E.O. 13706). (xx) (A) 52.224-3 , Privacy Training (JAN 2017) (5U.S.C. 552a). (B) Alternate I (JAN 2017) of52.224-3. (xxi) 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). (xx ii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 20 14) (42 U.S.c. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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 52.24764. (2) Whi le not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. FAR 52.217-8 OPTION TO EXTEN D SERVICES The Government may require continued performance of any services wi thin 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 ofperformance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. (End of clause) 2018-ICLI-00035 617 FAR 52.217-9 OPTION TO E XTEN D TH E TERM OF THE CO NTRACT (a) The Government may extend the term of this contract by wrinen notice to the Contractor within 15 days ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) FAR 52.252-2 C LA USES I.NCORPORATED BY REFERE NCE (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 fu ll text available. Also, the full text of a c lause may be accessed electronically at this address: https:l/www.acgui sition.gov/FARI. FAR 52.232-39 UNENI-' ORCEABIUTY OF UNAUTHOR IZED OBUGATIO NS (JUNE 2013) This clause is incorporated by reference. The full text of the clause is available at: hUps://www.acquisition.govIFARI. 52.232-40 PROVIDING AC CE LERATED PAYMENTS TO SMALL. BUSINESS FAR SUBCONTRACTORS (DEC 2013) This clause is incorporated by reference. The full text of the clause is available at: hnps://www.acquisition.govIFARI. FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVE RTED DOMESTIC CORPORATIONS (NOV 2015) (a) Definitions. As used in this clause" Inverled domestic corporation" means a fo reign incorporated entity that meets the definit ion of an inverted domestic corporation under 6 U.S.C. 395(b), appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned(I) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorgan izes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period ofperfonnance of th is contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fai ls to perform in accordance with the terms and condi tions of the contract as a result of Government action under th is clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes e ither an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer wi thin five business days from the date of the inversion event. FAR 52.237-2 PROTECTION O F GOVERNM ENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984) 2018-ICLI-00035 618 The Contractor shall use reasonable care to avoid damaging existing bui ldings, equipment, and vegetation on the Government installation. If the Contractor's fa ilure 10 use reasonable care causes damage 10 any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. HSAR 3052.209-70 2006) PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause : Expanded Affiliated Croup means an affil iated group as defined in section I 504(a) of the Internal Revenue Code of 1986 (without regard 10 section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substitut ing 'more than 50 percent' fo r 'at least 80 percent' each place it appears. Foreign Incorporated Emily means any ent ity which is, or but fo r subsection (b) of section 835 of tile Homeland Security Act, 6 V.S.c. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Illverted Domestic C0/"fJOratioll. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related Iransact ions)- (I) The entity completes the direct or indi rect acquisition of substantially all of the properties held directly or indi rectly by a domestic corporation or substantia lly all of the properties constiluting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the enti ty is held(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of hold ing stock in the domestic corporalion; or (ii) [n the case of an acquisition with respect to a domestic partnership, by former partners of the domest ic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantia l business activities in the fore ign country in which or under the law of whic h the entity is created or organized when compared to the total business activities of such expanded affi liated group. 2018-ICLI-00035 619 Persoll. domestic. alldforeig" have the meanings given such terms by paragraphs (I), (4), and (5) of section 7701 (a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a fore ign incorporated entity should be treated as an inverted domest ic corporat ion. (I) Certain stock disregarded. For the purpose of treating a forcign incorporated entity as an inverted domestic corporat ion these shall not be taken into account in detennining ownership: (i) Stock held by members of the expanded affiliated group which includes the fore ign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(l) of the Homeland Security Act, 6 USc. 395(b)(\). (2) Plan (Ieemed in certai" cases. lfa foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year pcriod beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) arc met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregartled. The transfer of properties or liabilities (including by contribution or distribution) shall bc disregardcd if such transfers arc part ofa plan a principal purposc of which is to avoid the purposes of this scction. (d) Special rulefol' related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 USc. 395(b) to thc acquisition of a domestic partnership, except as provided in regulations, all domestic partncrships which arc under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partncrship. (e) Treatment of Certain Rights. (I) Certain rights shall be treated as stocks to the extent necessary to refl ect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (ii i) contracts to acquire stock; (iv) convert ible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Sec lion 835. (I) Disclosure. The offeror under this solicitation represents that [Check one]: 2018-ICLI-00035 620 _ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009 .108-7004, which has not been denied; or _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009 .108-7004 . (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied fo r, shall be attached to the bid or proposal. (End of clause) HSAR 3052.212-70 CONTRACT T ERMS AND CON DITIONS APPLICABLE TO DHS ACQUISITION Of COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply wi th any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the appl icable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. ...x.. 3052.219-72 Evaluation of Primc Contractor Participation in the DH S Mcntor Protege Program. (b) Clauses . ...x..3052.203-70 Instructions for Contractor Di sclosure of Violations . ...x.. 3052.204-71 Contractor Employee Access. Alternate I --L Alternate II ...x.. 3052.205-70 Advertiscment, Publ icizing Awards, and Rcleases . ...x.. 3052.219-70 Small Business Subcontracting Plan Reporting . ...x.. 3052.219-7 1 DHS Mentor Protege Program. l. HSAR Clause 3052.204-7 1 Contractor emp loyee access (SEP 2012), and Alternate I Safeguarding of Sensitive Information (MAR 2015) Sections (a) - (d) Information Technology Security and Privacy Tmining (MAR 2015) II. lOP Privacy and Records Provisions PRI V 1.2: Reporting Suspected Loss ofSensitivc PH PRI V 1.3: Victim Remediation Provision 2018-ICLI-00035 621 REC REC REC REC REC REC 1.2: 1.3: 1.4: 1.5: 1.6: 1.7: Deli verables are the Property of the U.S. Government Contractor Shall Not Create or Maintain Unautho rized -iRecords Agency Owns Rights to Electronic Information Comply with All Records Management Policies-i No Disposi tion of Documents w ithout Prior Wri tten Consent-i Contractor Must Obtain Approval Prior to Engaging Subcontractors PRIV 1.2: Repo r ting Suspected Loss of Sensitive PII: Contractors must report the suspected loss or compromise ofScnsitive PII to ICE in a timely man ner and cooperate with ICE 's inquiry into the incidcnt and efforts to remcdiate any harm to potential victims. I. The Contractor must develop and include in its security plan (whic h is submittcd to ICE) an intcrnal system by whic h its employees and sub-Contractors are trained to identify and report potential loss or compromise of Sensitive PI!. 2. Contractor must rcpo rt the suspectcd loss or compromisc of Sensitive PH by its employees or sub-Contractors to the ICE Security Operations Center (480-496-6627), the Contracting Officer's Representat ive (CO R), and the Contracting Officer within one (I) hour of the init ial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensiti ve PH by its employees or sub-Contractors. The report must contain the following information: a. Narrative, detailed desc ri ption of the events surrounding the suspected loss/compromise. b. Date, time, and location of the incident. c . Type of informa tion lost or compromised. d. Contractor's assessment of the likelihood that the information was compromiscd or lost and the reasons behind the assessment. e. Names ofperson(s) involved, including victim, Contractor employee/sub-Contractor and any witnesses. f. Cause of the incident and whether the company's security plan was followed or not, and which specific provisions were not fo llowed. g. Actions thai have been or will be taken to minim ize damage and/or m itigate further compromise. h. Recommendations 10 prevenl similar situations in the futu re, including whether the security plan needs to be modified in any way and whether additional training may be required. 4. The Contractor must cooperate with ICE or other government age ncy inquiries into the suspected loss or compromise of Sensitive PI!. 5. At the government's discretion, Contractor employees or sub-Contractor employees may be identified as no longer eligible to access Sensitive PII or to work on that contract based on their actions related to the loss or compromisc of Sensitive PI!. (End of clause) PRIV 1.3: Victim Remcdiation Provision: The Contractor is responsible for notification of victims in the evenl of a loss or compromise of Sensiti ve PII, if any, held by the Contractor, its agents, and Subcontractors, under this contract. The Contractor and ICE wi ll collaborate and agree on the method and content of any notification that may be required to be sent to individuals whose Sensitive PH was lost or compromised. (End of clause) REC 1.2: Dclivcrablcs arc thc Propcrty ofthc U.S. Govcrnmcnt: The Contractor shall treat all deliverables under the contract as the property of the U.S. Government fo r wh ich the Agency shall have unl imited rights to use, dispose of, or disclose such data contained therein. The Contractor shall not retain, usc, sell, or disseminate copies of any del iverable without the expressed pennission of the Contracting Officer or Contracting Officer's Representative. The Contractor shall certify in writing the destruction or return of all Government da ta at the conclusion of the contract or at a time otherwise specified in the contract. The Agency owns the rights to all data/reco rds produced as part of thi s contract. 2018-ICLI-00035 622 (End of clause) REC 1.3: Contractor Shall Not Create or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or mai ntain any records contai ning any Government Agency data that are not specifically tied to or authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Electronic Information : The Government Agency owns the rights to the query data it inputs into the LEARN database (e.g. Audit Logs, Searches, Hotli st, etc.) Notwithstanding the above, no title to Vigilant 's LEA RN database or software wi ll transfer to ICE in the performance of the contract. (End of clause) REC 1.5: Comply with All Records Management Policies: The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records 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. (End of clause) REC 1.6: No Disposition of Documents without Prior Written Consent: No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing thc alienation or una uthorized destruction ofrccords, including all forms of mutilation. Will fu l and unlawful destruction, damage or alienation ofFedcra l records is subject to the fi nes and pcnalties imposed by 18 USc. 270 1. Records may not be removcd from the legal custody of the Agency or destroyed witho ut rcgard to thc provisions of the Agency records schedules. (End of clause) REC 1.7: Contractor Must Obtain Approval Prior to Engaging Subcontractors: The Contractor is required to obtain the Contract ing Officer's approval prior 10 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 info rmation. (End of clause) ICE Information Governance and Pr ivacy Requirements Clause (JUL 2017) A. Limiting Access to Privacy Act and Other Sensitive Information (1) P/'ivacy Ac( lnJol'malion In accordance with FA R 52.224-1 Privacy Act Notification (APR 1984), and FA R 52.224-2 Privacy Act (A PR 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 DHS system of records notices (SORNs) app licable to this Privacy Act information may be found at www.dhs.gov/privacy. Applicable SORNS of other agenc ies may be accessed through the agencies' websites or by searching FDsys, the Federal Digital System, available at hup:llwww.gpo.gov/fdsys/. SORNs may be updated at any time. (2) P/,ohibition 011 Performing Work Outside a Government FacifitylNetworklEquipmelll The Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or Workplace as a Service (WaaS) if WaaS is authorized by the statement of work Government informa tion shall remain within the confines of authorized Government networks at all times. Except where telework is specifical ly authorized with in this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibi ted from performi ng these tasks at or removi ng Government-furnished informatio n to any other faci lity; and Government information shal l remain withi n the confi nes of authorized Government fac il ities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facil ities regardless oftelework authorizations. 2018-ICLI-00035 623 (3) Prior Approval Required to Hire Subcontractors The Contractor is required to obtain the Contract ing 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 sensi tive and proprietary information. (4) Separation Checklist/or COllfractor Employees Contractor shall complete a separation checklist before any employee or Subcontractor employee terminates working on the contract. The separation checklist must verify; (I) return of any Government-furnished equipment; (2) return or proper disposal of sensiti ve personally identifiable information (PI I), in paper or electronic fornI, 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 sensitive PI!. In the event of adverse job actions resulting in the dismissal of an emp loyee or Subcontractor employee, the Contractor shall notify the Contracti ng Officer's Representati ve (CO R) within 24 hours. For nomlal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shal l assist the ICE Point of Contact (lCEIPOC), Contracting Officer, or COR with comp leti ng ICE Form 50-005/Contractor Employee Separation Clearance Chec klist by return ing all Governmentfurn ished property including but not limited to computer equipment, media, credentials and passports, smart cards, mobi le devices, PI V cards, calling cards, and keys and terminating access to all user accounts and systems. B. Resen'ed - Deleted in accordance witll clause prescription C. Government Records Training, Ownership, and Management (I) Records Management Trainil1g and Compliance (a) The Contractor shal l provide DH S basic records management training fo r all emp loyees and Subcontractors that have access to sensitive PI I as well as to those involved in the creation, use, dissemination and/or destruction of sensitive PlI . This training wi ll be provided at the outset of the Subcontractor' s/employee 's work on the contract and every year thereafter. This training can be obtained via links on the ICE intranet site or it may be made available through other means (e.g., CD or online). The Contractor shall maintain copies of certificates as a record of compliance and must submit an e-mai l notification annually to the Contracting Officer's Representative verifying that all employees working under this contract have completed the required records managemcnt training. (b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974 . These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (2) Records Creafioll. Ownership. alld Dispositioll (a) The Contractor sha ll 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 data. The Contractor shall certify in writing the destruction or return of all Government data at the conclusion of the contract or at a time otherwise specified in the contract. (b) Except as stated in the Pcrfonnance Work Statcment and, where applicable, the Contractor's Commercial Liccnse Agrecment, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databascs) and all supporting documentation and associated metadata created as part of this contract. All dclivcrab1cs (i neluding all data and records) under the contract arc the property of the U.S. Govcrnment and are considcred fcderal records, for which the Agency shall have unlimited rights to usc, disposc of, or disclose such data contained therein. Thc Contractor must deliver sufficient technical documentation with all data del iverables to permit the agency to use the data. 2018-ICLI-00035 624 (c) The Contractor shall not retain, use, sell, disseminate, or dispose of any government data/records or deliverables without the express written permission of the Contracting Officer or Contracting Officer's Representat ive. The Agency and its contractors are responsible fo r prevent ing the alienat ion 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. § 270 I. Records may not be removed from the legal custody of the Agency or destroyed wi thout regard to the provisions of the Agency records schedules. D. Data Pri"acy and Oversight (I) Restrictions on Testing or Training Using Real Data Containing PII The use of real data containing sensitive Pll from any source for testing ortraining purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for testing or traini ng whenever feasible. ICE policy requires that any proposal to usc of real data or dc-identified data for IT system testing or training be approved by the ICE Privacy Officer and Chief Information Security Officer (CISO) in advance. In the event performance of the contract requires or necessitates the usc of real data for system-testing or training purposes, the Contractor in coordination with the Contracting Officer or Contracting Officer's Representative and Government program manager shall obtain approval from the ICE Pri vacy Office and ClSO and complete any required documentation. (2) Resen 'ed - Deleted ill accordallce with dause prescription (3) Reqlliremelllto Support Privacy Compliance (a) The Contractor shall support the completion of the Privacy Threshold Analysis (PTA) document when it is required. PT As are triggered by the creation, modification, upgrade, or disposition of an IT system, and must be renewed at least every three years. Upon review of the PTA, the DHS Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modificat ions thereto, are required. The Contractor shall provide adequate support to complete the PIA in a timely manner, and shall ensure that project management plans and schedu les include the PTA, PIA, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DHS, incl udi ng PT As, PIAs, and SORNs, is located on the DH S Privacy Office website (www.dhs.gov/privacy)under"Compliance." DH S Privacy Pol icy Guidance Memorandum 2008-02 sets fort h when a PIA will be required at DHS, and the Privacy Impact Assessment Guidance and Template outline the requirements and format for the PIA . (b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy documentation, the Contractor shall assign or procurc a Pri vacy Lead, to bc listed undcr " Kcy Personnel." The Privacy Lead shall be responsible for providing adequate support to DHS to cnsure DH S can complete any rcquircd PTA, PIA, SORN, or other supporting documcntation to support pri vacy compliance. Thc Pri vacy Lead shall work with pcrsonnel from the program office, the ICE Privacy Officc, the Office of the Chief Information Officcr, and the Records Managcmcnt Branch to ensure that the pri vacy documcntation is kept on schcdule, that the answers to questions in the PIA arc thorough and complete, and that questions asked by the ICE Pri vacy Office and other offices are answered in a timely fashion. The Privacy Lead: • • • • • Must have excellent writing ski lls, the abil ity to explain technology clearly for a nontechnical audience, and the ability to synthesize information from a variety of sources. Must have excellent verbal communication and organizational skills. Must have experience writing PIAs. Ideally the candidate would have experience writi ng PIAs fo r DHS. Must be knowledgeable about the Privacy Act of 1974 and the E-Government Act of 2002. Must be able to work well with others. (c) Ifa Privacy Lead is already in place with the program office and the contract involves IT system builds or substantial changes that may require privacy documentation, the requirement for a separate Private Lead specifically assigned under this contract may be waived provided the Contractor agrees to have the exist ing Privacy Lead coordinate with and support the ICE Pri vacy POC to ensure privacy 2018-ICLI-00035 625 concerns are proactively reviewed and so ICE can complete any required PTA, PIA, SORN, or other supporting documentat ion to support privacy compliance ifrequired. The Contractor shall work wi th personnel from the program office, the ICE Office ofInformation Governance and Privacy, and the Office of the Chief Information Officer to ensure that the privacy documentation is kept on schedule, that the answers to questions in any privacy documents are thorough and complete, that all records management requirements are met, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fash ion. (End of Clause) 2018-ICLI-00035 626 Attachment 5: Price Item Description Quantity Unit of Issue Estimated Unit Estimated Fixed Price Per Cost Line Item CLiN 0001 Access to license Plate System (All ICE Users), Base Vear - POP: 12/21/2017 01/31/2018 b}(4) 1.4 • 12 MO 12 MO 8 MO CLiN 0002 Access to license Plate System (All ICE Users), Option Vear 1- 02/01/201801/31/2019 CLiN 0003 Access to license Plate System (All ICE Users), Option Vear 2 - 02/01/2019 01/31/2020 CliN 0004 Access to license Plate System (All ICE Users), Option Vear 3 - POP: 02/01/202009/30/2020 Total Additional Pricing Explanation: ·Contract start date wil l be 12/21/2017; however, West billing is systematically 2018-ICLI -00035 627 Thomson Reuters Response to RFQ 70CDCR 18QOOOOOOOS License Plate Reader Commercial Data Service via Vigilant's LEARN Platform Technical Response - Revision 2 SUBMITTED TO U.S. Department of Homeland Security Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) tSUBMITTED TO: b )(6);(b}(7)(C) SUBMITTAL DATE: December 22, 2017 SUBMITTED BY Thomson Reuters (West Publishing Corporation) =:JI CF APMP ~kbili)(&i 6)ill : (bilixli 7)~ (cI) ~b)(6); (b}(7)(C) Senior Proposal Coordinator Client Relationship Manager Phone: 703- 909~ Phone: 443-622-lb)(6);(1 E-mail : ~b}(6); (b}(7)(C) E-mail :Kb)(6);(b }(7)(C) {~:B~)j THOMSON ':::,:; ;- REUTERS~ Source Selection Sensitive This document includes proprietary information that shall not be duplicated, used, o r disclosed outside of DHS ICE-in whole or in pa rt for any purpose ot her than evaluating this proposal. This information is deemed p ropr ietary because it contains pricing and confident ia l corpo rate information that is of critical value to Thomson Reuters and our partners in a highly competitive market. 2018-ICLI-00035 628 Contents INTRODUCTION ...................................................................................................... 1 SECTION I - TECHNICAL APPROACH ................................................................ 2 C.4 RESPONSES TO PERFORMANCE REQUIREMENTS ............................................. 2 Data Serv ice Content/Scope ........................................................................................................... 2 User Managelnent and Support. ...................................................................................................... 5 Functional Requ irements ................................................................................................................ 7 Query Capabili ties .................................................................................................................................... 7 Alert List Capabilities ............................................................................................................................ 10 Mobile Device Capabilities .................................................................................................................... 12 Audit and Reporting Capabilities ........................................................................................................... 13 C.S C.6 C.7 C.S IS NOT IDENTIFIEDIINCLUDED IN THE STATEMENT OF WORK .................... 16 PROMOTION OF THE CONTRACT ........................................................................ 17 NEWS RELEASES ...................................................................................................... 17 LICENSE TyPE .......................................................................................................... 17 SECTION II - PAST PERFORMANCE ................................................................. 18 it '.:~·~·: ','::' ., .~. Page i THOMSON REUTERS Thomson Reuters Response to DHS ICE December 2017 2018-ICLI-00035 629 Introduction Thomson Reuters has a long history of co mmi tment to meeting the in formational needs of the Department of Homeland Security (DHS), incl uding Immi gration and Customs Enforcement (ICE), and we seek to maintain and expand that relationship in responding to the current Request for Quote for access to a License Plate Reader database. Through the combinati on of comprehensive and reliable data, technology. and ex perti se in how public records and related in formation can benefi t government objecti ves, Thomson Reuters, with our partner, Vigi lant Soluti ons, is uniquely positi oned to help ICE meet your agency's di verse chall enges with our subscription services. Based on conversations with ICE personnel about the specific in vesti gati ve needs of ICE, Thomson Reuters can provide access to li cense pl ate reader data via a hyperlink to the LEARN pl atform through the CLEAR pl atform . Providing access to the data through CLEAR provides reassurance to rCE, by virtue of ex isting agreed-upon terms and auditing requirements, per agency mandate. This offer also prov ides access to LPR through Vigilant's LEARN platfoml , which is maintained and supported by Vigi lant. The Thomson Reuters CLEAR team has been success full y supporting DHS' s investi gati ve research needs and initi ati ves since the agency's incepti on. We are proud to support the DHS and look fo rward to continu ing our long-stand ing partnership. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-I CLI-00035 630 Pa ge 1 December 2017 C.4 Responses to Performance Requirements In thi s section of our response, we respond directly to the Perfonnance Requirements in the Statement of Work of th e RFQ. Th e information presented here is considered proprietary and confidential. DATA SERVICE CONTENT/SCOPE We propose access to License Plate Reader (LPR) data via hyperlink from Thomson Reuters CLEAR to Vigilant Solutions' (Vigilant's) LEARN platform. Requirement: The LPR data serv ice shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossess ion companies, and law enforcement agencies. Response: The offered LPR data is collected from various toll roads, parking lot/garages, repossess ion vehicles and law enforcement agencies nationwide. Requirement: The LPR data service shall include substantial unique LPR detection records. Response: Vigilant's database currentl y has hundreds of millions of unique detection records from commercial sources. Bes ides LPR records from commercial sources such as parking garages, tolls and asset recovery vehicles Vigilant also has a large network of local and state law enforcement agencies (LEAs) across the country. Thi s network of LEAs has the ability to share their LPR records with ICE regardless of their LPR hardware provider. All LEA detection records are the intell ectual propert y of the LEA and all retention times and permiss ions on these records are set by those agencies. Vigilant only hosts and maintains those records. Requirement: The LPR data service shall compile LPR records from at least 25 states and 24 of the top thirty (30) most populous metropolitan stati stical areas within the United States to the extent that coll ection of LPR data is authorized by law in those locations. A metropolitan statisti ca l area is defined as: a geographical region with a relatively hi gh population density at its core and close economic ties throu ghout the area as defined by the Office of Management and Budget (OMB) and used by the Census Bureau and other federal govern ment agencies for stati stical purposes. Response: Forty-seven (47) states, the District of Columbia, and Puerto Rico have commercial LPR scan records. (Hawaii , Maine, and Vermont do not. ) A li st of the most populous 50 metropolitan areas in the US with commercial LPR data is provided below and exceeds the minimum requirement by DHS. Additional locations can be provided upon request. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 631 Pa ge 2 December 2017 ~ 2 3 4 5 6 7 8 9 ~ I " sA, D"I ,W"rll ,- <, ,.1 I M; I,FL ,n II -T, R"I\ ; [) :A ,A ' , Mr Kc , ' VA_Nr IrA ,TX k-J A, 99% uptime. With the except ion of scheduled outages, LEARN Hosted LPR Services will be accessible 2417/365 . We agree that downtime shall not eclipse (4) hours in any given month, with the exception of major upgrades or system mi gration s. We agree that the mean time between fai lures (MTBF) will not exceed a mean of 4,000 hours between fai lures. Vigil ant 's average LPR Query Response Time for a Single exact Plate is reliably fa st; however, we cannot guarantee erl!!a ~ lfem 81 , Removals r"7 Immigrat ion a nd Cust o ms Enforcement Office of Acqui si t ion Management 801 [ Street , NW i hl(6)-(bllZVC) I WASHINGTON DC 2 0 536 ,.) 8. N.lM E .wOA()OflESS OF CONTRACTOR rNl>. _ _• $tot. """ZIPCodII*fldood. OIIMs ...,Sl ~ ,..,...,. IlIIhis an-..ndI'MInI prior 10 11'>& I\ouJ .-d da'... opeaI"..:I ., II'Ie sOhCltal;on 01 as .......,.jo,a • by.,.,. 0I111e ~ ",toII'>ocb. la) ltv coml>lelno 1Iwn. 8 _ ~ 15. -'-inII letter 01 teIegJ .... _ ""'.. 01'" ...IeI_1I; fb) Br~'~01_ ncIuOe5 • .-....::.10 IIIe loOIicrucoc:n and amenom .... """,ben THE p v.ce OESIGNATeO FOR THE IECEIPl OF OF~ERS See Schedule ~JdLURE ................... .... ~ ""PY OI'" ofIt< Mb'nltle., ~ "'~o/IIc8. "~Wl'IP. IlteJ SET f ORTH IN ITEM , • . P URSUNfTTOTH~ AUTHORtTY Df f AR fJ,'OJII>} C THIS SUPPlEMENTAL ....GREE!.ENT IS ENTERED INTO PURSUANT TO ....UTHORI I!.IMPOIU.... NT' 1 ConllaclC>1 copies 10 ~ 'flung Qt!k:a , I., DESCRIPTION OF .o.t.AE NDMENTIMOO FICATION IOrpfrtll«l by UCF sec1Ioo headmt,ls. lM;1uCifIQ $Olic'r.!:iQNcorl fracr Silbjfld maftf r ..."",. ff.solll\I4\ t Indus trial Security SOP 5) Add the follow ing la nguage to the SOW. C . 9 Reporting In the event tha t TRSS o r i ts par tners discove r or suspect misll se o f t he se rvi c e by an individu al , i t shoul d be r epor ted to the COR or Contrac ting Offi ce r as soon as practicable aft er the d iscove ry but in no eve nt lat er t han 24 hours after discovery . All ot her pr ices , terms and condit i o ns rema i n t h e s ame. Exempt Action : Y Sen sitive Award: PIr Di scount Te r ms : Net 30 FOB: Des tination Period of Performance: 12/22/2017 to 09/21/2020 Change Item 0001 to read as follows(amoun t shown is the obligat ed amount) : 0001 Bas e Per iod - 12(22 (2017 - 01/31/ 201 8 ACCES S TO LICENSE PLATE SYSTEM (Al l ICE Users) This is a firm-fixed Price ( fFP ) CLIN. Fully funded Obli gat ion Amount : 1(b){4) I Product /Se r vice Code: 0317 Product/Servic e Desc ri ption : IT ANO TELECOMWEB -BASED SUB SCRIPTI ON b}(4 );(b }(7}(E) Continued . .. OPTION.'.L FOR'" 1M (. Mo) Sj>ool«oONAL FORM l lS (.... 56) ~..".o_ _~~_ _~_ _~_ _ _ _ _ _ _ _~ Subject: RE: NPR Questions on license plate readers kh\IRHh \17\( I Assistant Director for Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: (202) 732 -1iJilliiJ 2018-ICLI-00035 701 Main: (2021732~lh\1R I Quest ions? Please visit t he Information Goyerna nce & Privacy Office website at https:Uinsight.ice.dhs.goy/mgt/igp/Pageslindex.aspK. From: kh\IRHh\I7\Ir.\ I Sent: Thursday, February IS, 2018 10:26 AM To: r b)(6);(b}(7)(C) CC: L ___~~~~______~____~__~ Subject: OPA: NPR Questions on license plate readers I despite my best efforts to talk this NPR reporter down from this story, she is pursuing it and has a number of questions (see below) . I recommend we respond to the questions but decline the recorded interview as I see nothing to gain by doing this interview. I'll remind her that NPR did an extensive sit-down interview on ERO's enforcement priorities with EAD Albence that never aired . kb)(6l:(b)(7)(C) What's the best way for me to get responses to these questions? Some of these are for contracting and some should have HSI weigh-in but the majority are ERO related or at least more interested in admin arrests . Copying I!1illIDJ for HSI since I'm not sure who is the HSI POC on this. Her deadline is tomorrow/early next week but I'm going to let her know that we'll need more time to respond and that we don't conduct interviews about law enforcement tools and techniques. Thanks, I!iillIDJ From: kh\IRHh\I7\(G\ c ] Sent: Wednesday, February 14, 2018 8:37 PM To: ih\IRHh\(~ \(r.\ Subject: NPR Questions Hi F6)(6);1 I finally had an opportunity to read through the DHS statement and the two sets of Privacy Impact Assessments (2017 & 2015) you sent along last week. After going through them, I have a series of questions which I am including below but wou ld idea lly like someone to answer in a recorded radio interview. This is, after all, a story that will be broadcast across one of NPR's national flagship programs and having ICE equa lly represented in the story is imperative. Perhaps you can arrange for a conversation with Executive Associate Director Matthew Albence or Chief Privacy Officer Philip Kaplan? I'm happy to come either one of them at their earliest availabi lity. Here are some questions I' ve begun thinking about : 2018-ICLI-00035 702 1. How much is DHSjlCE paying for access to the services and database provided by Vigilant Solutions? And, what is the length of the contract? When did it go into effect? 2. Page 11 of the 2017 PIA says: "users must complete training on the appropriate use of the service and LPR data before accessing the commercial LPR database ... " When did agents receive this training? How long is the training? Is it still ongoing? On what date did it start? ("the vendor provides training to ICE personnel on the use of the LPR data service.") 3. How many ICE users have been authorized to access lPR data? And under what circumstances can a HIS or ERa officer have an ICE user query the database on their behalf? 4. Page 12 of the 2017 PIA says: wlCE users who violate the rules of behavior will be subject to penalties in accordance with ICE policy." What are those penalties? 5. Page 11 of the 2017 PIA says: wEach time that ICE authorized users log into the LPR data service, they must agree to ICE terms and conditions set forth in a splash screen before performing a query .... The text on the splash screen is available to the user via a hyperlink within the main system interface (including the mobile application interface) ... Are ICE users actually presented with the language before being required to "affirm their understanding of the rules of behavior before they are able to complete the login process and commence a query?" Or do they simply click a box and move on? 6. Page 13 of 2017 PIA says: "If the vendor discovers that an individual has used the service in an unauthorized manner, it is required to notify ICE as soon as practicable after the discovery." How soon is that? 7. Page 14 of 2017 PIA says: "If the LPR data service displays results that are useful to ERO in its immigration enforcement mission , ERO users can print this information and store hard copy files in the appropriate target folder. These hard copy records are maintained for three years from the time the record was created , at which point they are destroyed, in accordance with the applicable records schedule approved by the NARA Longer retention may be authorized if there is a justifiable business need. If ERO users enter any of this information into EARM , those electronic records are retained in EID for 75 years ." How often does this happen? In what cases will this be true? 8. Page 6 of the 2015 PIA says: "the training will also encourage ICE personnel to reexamine their entire alert list on a regular basis, but at least annually." Is this true for the current version of the PIA? 2018-ICLI-00035 703 9. How often will managers conduct audit trails? The 2105 report said quarterly if not more often but it's not clear if this was specified in the 2017 report. 10. Can ICE users upload license plate numbers into their "alert list" that belong to people whose documented status is about to change? For instance, the license plate numbers belonging to DACA recipients whose permits are about to expire? 11. Can DHS/ICE access data uploaded by local law enforcement agencies if they have opted out of the system? Are there any circumstances under which ICE can gain access? 12. How many local law enforcement databases does ICE have permission to access? That's alii can think of for now. Let me know if you need any additional information from me. I'd love to speak with someone by the end of the day Friday, though early next week would work too. Best regards, ~b)(6); (b}(7)(C) From: ~b}(6); (b}(7)(C) Sent: Wednesday, February 07,20181:15 PM To: ~b)(6); (b}(7)(C) I Subject: License plate reader contrat statement Kb)(6);(b)(7}(C) I "u.S. Immigration and Customs Enforcement (ICE) has issued an award of a single source, firmfixed price contract to obtain query-based access to a commercially available license plate reader database. Like most other law enforcement agencies, ICE uses information obtained from license plate readers as one tool in support of its investigations. ICE conducts both criminal investigations and civil immigration enforcement investigations. ICE is not seeking to build a license plate reader database, and will not collect nor contribute any data to a national public or private database through this contract. "Due to privacy concerns during a previous solicitation, in 2015, ICE completed a privacy impact assessment which was used to create a framework for use of the technology. The privacy impact assessment was updated prior to ICE 's use of any license plate reader database, to reflect how the contract meets the established privacy requirements. The contract must comply with established privacy requirements outlined in the privacy impact assessment. These are the most stringent requirements known to have been applied for the use of this technology." 2018-ICLI-00035 704 Additional background: In 2014, ICE issued a simi lar solicitation that was cancelled over privacy concerns about the use of the technology. In 201S, ICE completed a privacy impact assessment and issued a second solicitation that was cance lled due to failed price negotiations. ICE's Home land Security In vestigations (HSI) conducts criminal investigations into various forms of illicit activity, including human smuggling and trafficking; the smuggling of drugs, weapons and other contraband; transnational gangs; and child exploitation. ICE's Enforcement and Removal Operations (ERO) conducts targeted immigration enforcement in compliance with federal law and agency policy, focusing on individuals who pose a threat to national security, public safety and border security. However, all of those in vio lation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States. Q: What is the name of the service provider that ICE anticipates providing the service? A: Our contract is with West Publishing (TRSS) who has partnered with Vigi lant to provide the service. Q: What are the privacy requirements, in general? A: As detailed in the SOW, the privacy requirements include: use of a logon splash screen that describes the agency's permissible uses of the system and data - with a requirement for users to consent to these rules before proceeding; auditing requi rement for users to input a license plate number, a reason code, and identification number for the law enforcement case the query is associated with before making a query; limitations on the timeframe of the data that can be queried, in compliance with the PIA; guaranteed accuracy of data; and assurance that ICE queries will not be provided to other system users or used for commercial purposes. Q: Ha s ICE already begun to use Vigilant's database? A: Yes Dani Bennett National Spokesperson Office of Public Affairs U.S. Immigration and Customs Enforcement (ICE) Desk: 202-73Ub)(6);(i Mobile: 813-230-I(b)(6);(1 kb)(6l:(b)(7)(C) 2018-IC LI -00035 705 From : Sent: To : Subject: 6 Jun 2017 13:14:10 -0400 kb)(6):(bX7)(C) 1 FW: LPR PIA Update As discussed. From : Ilh)(flHh)(7)Ir:) 1 Sent: Thursday, June 01, 2017 12:25 PM To: b)(6);(bX7)(C) Ce: L-~~-----' Subject: RE: LPR PIA Update Hi t')(');( I kb)(6):(b)(7XC li the AD for IGP) and kb)(6):(bX7)(C) I(ICE Privacy Officer) recently spoke with kb}(6Hb}(71IC) 1 about this initiative. We're putting together a schedule right now to see if we can get the PIA published right before the end of FY17. We're not sure whether it's feasible, but we will be in touch throughout this process and will do our best to meet your deadline. In the meantime, I wanted to bring 2 issues to your attention that we've identified in this PIA. (1) Could you go into detail about how ERO supervisors will audit officers' use of Vigilant? We want to make sure that ERO is using the database appropriately in accordance with the contract. (2) When ERO personnel access the Vigilant database, there is a "splash screen" that pops up, where users must agree to certain terms before they can use the database. We want to confirm that ERO officers agree to these terms each time that they access Vigilant itself; simply agreeing to the CLEAR terms wouldn't be sufficient. Thanks very much in advance, and please reach out with any questions. kb)(6):(bX7)(C) 1 Senior Privacy Compliance Specialist Information Governance and Privacy (IGP) U.S. Immigration & Customs Enforcement Direct: (202) 73 b)(6); Main: (202) 732 bX7)( Questions? Please visit the Privacy & Records Office website at https:UinsighUce.d hs.gov{mgtloop{Pages{index.aspx. From : kb)(6):(bX7)(C) 1 Sent: Wednesday, May 24,20173:13 PM To: kb}(6Hb}(71IC) 1 Subject: RE: LPR PIA Update What can we do to get th e PIA fas t-tracked? Our EAD wants t o get thi s functionality added to the contract as soon as funding is dropped. From: kb)(6):(b)(7)(C) 1 Sent: Wednesday, May 24,20172:55 PM 2018-ICLI -00035 706 To: kh\IRHh\I7\Ir.\ I Subject: RE: lPR PIA Update Thank you Fb)(6);(b)q Sent w ith B lackBerry Work ( www.blackberry.com ) From: kb\16Hb\(7)IC\ Date: Wednesday, May 24, 2017,14:53 To :llb \l6Hb \ll\IC\ SUbject: RE: LPR PI A Update Hi kb)(6);(b l I discussed this with iji"illiDjiJ and she said that the contract negotiations can continue, but that we cannot execute the contract until the PIA update has been published. I hope that helps. kh\IRHh\I7\Ir.\ I Senior Privacy Compliance Specialist Information Governance and Privacy (IGPI U.S. Immigration & Customs Enforcement Direct: (202) 73 b)(6); Main: (2021 732. b)(l)( Questions? Please visit the Privacy & Records Office website at https:Uinsight.ice.dhs.gov/mgt/oop/Pages/index.aspx. From: kb)(6);(b)(l)(C) I Sent: Monday, May 22, 2017 2:42 PM To: kb)(6Hb)(7)(C) I Subject: RE: lPR PIA Update T hank you, greatl y appreciated! Sent w ith BlackBerry Work (www.bl ackbeny.com) From: kb)(6Hb)(7)(C) Datc: Monday, May 22, 2017, 14:32 To: kh\IflHh\I7\IG\ Subjcct: LPR PIA Update Hi Fb)(6);(b l I'm also going to confer w ith my su perviso r (kb)(6);(b Djust to make su re that I gave you the correct information . I' ll be in touch as soo n as possible. kh\IRHh\l7\lr. I 2018-IClI -00035 707 Senior Privacy Compliance Specialist Information Govern ance and Privacy JIGP) U.S. Immigration & Customs Enforcement 131b:J'(1 Direct: (202) M ain: (202)732 Questions? Please visit the Privacy & Records Office website at https:/linsight.ice,dhs.gov/mgt/oop/Pages/indeK.aspK. 2018-ICLI-00035 708 ~b)(6); (b}(7)(C) From : Sent: To : Subject: Attachments: 8 Dec 2017 16:13:33 -0500 I kb)(6):(b)(7}(C) FW: Please Approve - 192118FUGOPS12087 192118FUGOPS12087.pdf BJ ... ERO funded requisition for the TRSS LPR contract was sent to OAQ this afternoon. w/r b)(6);(b)(7}(C) (A) Deputy Assistant Director, Fiscal Management Chief, Budget Execution Enforcement and Removal Operations Immigration and Customs Enforcement (202) 732 .Ji'b)(6H I From: kb)(6);(b)(7}(C) IOn Behalf Of MSD-FMU Sent: Friday, December 8, 2017 2:33 PM t To : ICE Requisition Processing DC b)(6);(b}(7)(C) Subject: RE: Please Approve - 1921 1BFUGOPS12087 Good Afternoon, Please process the attached G514: From: kh\IflHh\(7)(G\ Sent: Friday, December DB, 2017 12 :21 PM To: MSD-FMU Cc:i(b )(6);(b }(7)(C) Subject: Please Approve - 192118FUGOPS12087 Please Approve. Thallk YO", 0kblll(il: 6lu(iij blQ aj£ \(C [ IL::::Jl M PA Budget ExeClllion Unit (BEU) Enj;'rament & Remoral Operatiom' (ERO) Immigration & Cu.,·tom~ Enforcement (ICE) Departmellf of Home/alld Security (DHS) Office: (101) 73l-fiilliiJ Email: IthllRl-lhll7ltrl I SOO 12th Street SWI Washington, DC 20024 OSD Fisca l Manaecmcnt Sharcpoint Site 2018-ICLI -00035 709 1. NUMBER REQUISITION - 192118FUGOPS12067 MATERIALS-SUPPLIES-EQUIPM ENT 2. DATE 08-0EC-2017 SEE INSTRUCTIONS ON REVERSE 3. ACTIVITY SYMBOl See Attachment A 4. TO: HAMEAtclADORESS _. PROCUReJlENTSECTlON(ORSTOREJIOOM) U.S-IMM IGRATION AND CUSTOMS EN'OACBlENT 5.FROU: HAMEAtclAOORESS ICE.OROiERO-FHO-C8l OFFICE OF ACQUISITION MANAGBI ENT ~b)(6); (b}(7)(C) 801 I STREET, PIoN Wh\IRl-lh I 202~ WASItHGTON, DC 20536 RBlUSITIONEA 732t!bi!El SOD 12TH STRE£!" SW WASHNGTON, IX: 20536 "' DESCRIPTION OF ARTICLE STOCK NOM BER ~, QUANTITY (MAK£, MODB., TYPE, SIZE, COLOR, MFGR , ETC) , • , , TRS5-LPR UUIAL 3 MONTH FlHlIHG CUETO CR TRS5-LPR !lUIAl 3 MONTH FUNlIHG CUETO CR - , • '" '" ~FtCEl~ST lINT PFtCE ") 1')(4 II AMOOO-- " ACTION ,~ " 1----1 Justification : TASS·LPR FOR 16 WDNTH PEROD OF PERFORMANCE; PROV IDI'IIG SOLCITA lION #70COCR18ROOOOOOOI. CONTRACT pop 12/18/ 17·03117/ 18 INrr~L 3 tvONTH FUNDtJG DUE TO CR. FUNDED FOP 12/ 18117 - 03117/ 18 Recommended Vendor: 411426973 WEST, A THOMSON RBlTERS BUStJE POBOX 64833 SAM PAUL, t.f\I55164 Phone: 651244W hliR I Contac Uh \IflHh\(7)(;\ I 13. SIGNATURE OF APPROVING OFFICIAL Date i~\(~\:(~\(7)(~\ 1 7 08· DEC·2017 ~, . 124. SIGNA TIJIE OF Fl.tIDiNG. OFFICIAL W b)(Sl:Ib)(7 1 =r. TITLEOf'APPOOVINGOFFICIAL MGMT & PROG ANAL 16 KEY TO ACTIOO CODE SU8STITUTEITEM B BACK ORDSlED o PI.JfCHASED FOR DIRECT SHPM "" , , , TOTAL MGMT & PROG ANAL 08-DEC- 2017 S ". 25. TITLEOF FLtONG OFFICIAL I kh)(4) PROCUREMENT SECTION (ORSTOIEROOM) CANCB.L EI).·~TSTOCKEll 17. DATE RECBVED CANCB.L EI).·HI)T A8I.ETO lDENT,fY OTHER·· AS 'IDC ATED 18. APPROVED ~, """~"o",,," ~ M*B~ =~~'~'~ NC.ELLE!)..STOCK EXHAUSTED I CB'lTIFY THAT Ti'£ABOVE ARTICLES·· COU.... NS 3, 9 AI'I) 12· H.WE BEEN RECBVED. 20. lOCATION 21. DATE 22. SIGNATURE 23. TITLE lkIited States Department Of Homeland Security Immigration And Customs Enforcement "'9' FORM G-514 (REV. 8-1-5 2018-ICLI -00035 710 of 3 INSTRUCTIONS Us e Use Form G-514 - continued on Form G-514.1 -- To requisition materials , supplies , and equipment through the Procurement section of the Regional (or Central) Office; or from a Service-operated Storeroom. Copies - Distributio n Prepared by requistioner in an original and tw 0 copies , sending original (w hite) and Copy 1 (pink) to: Procurement Section (or Storeroom), and retaining Copy 2 (green). Procurement Section (or Storeroom) shall, as a rule, pack Copy 1 with shipment, or return it to requisitioner with appropriate advice. Entries By r eguisitioner : 1. Nurrber consecutively, beginning with nurrber one each fiscal year , and pref ix w ith alphabetic location syrrbol and lasl tw 0 digits of fiscal year (e.g., MIA -58- ! , MlA -58-2, MIA-56-3, etc ., MIA -59- t, MIA -59-2, MIA-59-3, etc .). Nurrtler continuation sheets with numerical suffix(e .g. , MIA -56-t .t , MIA -56-t .2, MIA -58t .3, etc) . 2. Enter date of preparation. 3. Enter numerical syrrtlol of activity which w ill benefit from use of articles. 4. Enter name and address of Procurement section (or Storeroom)(e.g ., Procurement Section, Immigration and Naturalization Service , Richm::md, VA). 5. Enter M name, title, and address so that shipping label may be prepared without reference to address directory . K cons ignee is other than requisitioner , enter shipping instructions under Entry 7. 6. Enter form nurrtlers; stock nurrtler show n in ~Stores Stock Catalog" and "Federal Supply Schedules ." 7. Enter full description of article; attach sketches, plans , salllJles, etc . K consignee is other than requisitioner , enter shipping instructions. 6. Enter issue - unit quantity. 9. Enter unit of issue (e.g ., each , doz. , C, gross, ream, M; lb. , cw t, ton: bag, ball, bbl. , bot. , box , can , pkg. , roll, tube ; pt. , qt. , gal. , etc.) 13. Signature of approving official. 14. Enter title of approving offic ial. 24. Signature of funding official. 25. Enter title of funding official. By Procurement Se ction (or Store room) : 10. Enter unit price. 11. Enter product of Entries 8 and 10. 12. Enter syrrtlol of action taken. See Entry 16. 15. Enter total of amounts under Entry 11. 17. Enter date requisition received . 18. Signature of approving officer. 19. Enter, if issued, date and nurrtler of purchase order. By consignee: 20. Enter address · city and state. 21. Enter date shipment received. 22. Signature of elllJloyee authorized to accept delivery. 23. Enter title of receiving elllJloyee . lkIited State s Departm e nt Of Hom e land Se curit y Immigration And Cu s tom s Enforce m e nt FORM G-514 (REV . 8,,·5 Page 2018-ICLI -00035 711 2 of 3 Form G-S14 REQUISITION - MATERIALS-SUPPLIES-EQUIPMENT Acti vity Symbols ATTACHMENT A REQUISITION NUMBER : 192118FUGOPS12087 ORGAN IZATION OBJECT UDF 34-31-00-000 18-06-0400-30-10-00-00 GE-2S-14-00 000000 35-49-00-000 18-06-0400-40-10-00-00 GE-2S-14-00 000000 PROJECf TASK FUND PROGRAM NONEDOO 000 El NONEDOO 000 E2 AMOUNT r b }(4) APPROPRIATION SYMBOL CROSSWALK: FUND E3 E2 ;:::;F~\~'=+== 2018 2018 TAS TITLE 7080540 7080540 AMOUNT ~ lkIiled States Department Of Homeland Security Immigration And Customs Enforcement FORM G-514 (REV. 8-1-5 Page 2018-ICLI-00035 712 3 of 3 From : ~b)(6); (b}(7)(C) Sent: 22 Dec 201714:24:12 -0500 To : Cc: Subject: Attachments: r b)(6);(b)(7}(c) 70CDCR18P00000017 05.0 1_70CDCR18 P00000017. pdf TRSS/West, Please see attached award document 70CDCR18P00000017. Please review, sign, and send back to myself and ~for full execution. Please contact me if there are any questions. Thank you, kb)(6);(b}(7)(C) Detention, Compliance & Removals (OCR) IContracting Officer DHS I ICE I Office of Acquisition Management (OAO) Office: (202) 732-Qhl/R I Mobile: (202) 878- ~ Fb)(6);(b)(7}(C) NOTICE: This communication may contain privileged or otherwise confidential information . If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system . 2018-IC LI -00035 713 See Schedule OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, oS 30 I:·AWAA~ EFFECTIVE CATE 2. CONTRACT~. ,. ~ FOR SOUC ITATIO N INFORMATION CALL: r7 ~DER N U~BER 70CDCR18POOOOOO17 , DELIVERY FOIl FOB DESTINA,. nON UN LESS BLOCK IS MARKED '1. I CE Enforcemen t r' OFFER 0lJE CATEA.OCAL. TIME ES SETASIDE , e~ N..'Jes:519190 SIZE STANOARD' $27 . 5 13b. RATING '" Net 30 CODE THIS CONT .....CT IS A RATEDOIlDERU NDER Of',o"s (15 CfR 7(0) t~. METHOD OF SOUCITATION XRfQ '" CODE lIC'" E/OCR 16. ADMINISTERED BY IICE/ERO ICE/De t en t ion Compliance & Removals Immigration and Customs Enforcement Office of Acquisition Management 801 I Street , NW kh\IflHh\I7\(G\ I WASH I NGTON DC 20536 I CODE rf~SOI.ICITAnoN ISSUE CATE 12/15/20 17 .., SERVlCE·DISAB!.ED VETERAN.QWNED sw.u. BUSINESS Washi ngton DC 20536 17• . CONTAACTORI OFFEROR UNRESTRICTED OR 2. DISCOUNT TERMS , Removal 52 WOMEN·OWN ED SMAlL BUSINESS (WOS8) ELIGIBLE UNDER THE WOMEN.owNED ..uAII RII""NF.~'" ""or."A~ EOWOSB HUBZONE SMAlL BUSINESS 801 I Street , NW kb)(6);(b)(7}(C) , S~AJ.LBUS IN ESS SEE SCHEDULE 15. DELIVER TO ( , * , _1_ .) TELEPHONE NUMBER 10. THISACOU ISmON IS Remova ls ICE/Dete ntion Compl i ance I mmigration and Customs Enforcement Office of Acquisition Management 801 I St ree t, NW kh\!RHh\I7\I(":\ I WASHINGTON DC 20536 I 70CDCR18QOOOOOO05 2027322120 coo, ICE/DCR ~ I~' SOliCITATION NUMBER I~' •. NAME I. CHECK IF REMmANCE IS DIFFERENT AND PlJT SUCH ADDRESS IN OFFER 181>. SUBM IT INVOICES TOADDRESS SHOWN IN BLOCK 160 U~ESS BLOCK BELOW IS CHEC~ED ~. " ITEM NO. " SCHEDULE OF SUPPLIESISERVICES DUNS Number : 148508286 Gover nme n t POC : kh\IflHh\I7\(G\ Phone : 202-732- llhllfnl Email : kb)(6):(b)(7}(C) Government POC : ih\!RHh\I7\I(":\ Pho ne : 202 - 7 32- ffiilliD Email : kh\IRHh\I7\I(":\ Contracting Officer : Phone : 202 - 7 32 - kh\IR\·d SEEA.OOENDU~ OUANTITY " ". " UNIT UNIT PRICE ~~ I I I I Kb)(6):(b)(7)(C) I (Use Reverse and/or Attach Additional ShBflts as Nacessary) r6. 25 . ACCOUNTINGAND APPROPRIATION DATA TOTAL AWARD AMOUNT (For Gov!. Use Only) I , bX' ) See schedule 27a . SOLICITATION INCORPORATES BY REFERENCE FAR 52.212' 1, 52.212-4 . FAR 52.212·3 AND 52.2 12· 5 ARE ATTACHED. ADDENDA X 27b CONTRACTIPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52 212-4 FAR 52 212·5 IS ATTAC HED ADDENDA X' 28. CONTRACTOR IS REQ UI RED TO SIGN THIS DOCUMENT AN D RETURN 1 '" 'X ARE ARE NOT ATTACHED. ARE NOT ATTACH ED X 29 . AWARD OF CONTRACT: 12/22/2017 OFFER COPIES TO ISSUING O FF IC E. CONTRACTOR AGREES TO FURN ISH AND OELIVER DATED ALL ITEMS SET FORTH OR OTHERWISE IDENT IFIEOABOVE AND ONANY ADDITIONAL INCLUD ING ANY ADD ITIONS OR CHANGES WHICH ARE SET FORTH SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. :lOa. HEREIN . IS ACCEPTED AS TO ITEMS: SIGNATURE OF OFFERORlCONTRACTOR 3Ob. NAME AND TITLE Of SIGN ER (Type orprinl) YOUR O FFER ON SOliCITATION (BlOCK 5), 31a. UNITE D STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 13Oc. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Typ8 . SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY 4 13 I CERT IFY THIS ACCOUNT IS CORRECT ANO PROPER FOR PAYMENT 4 1b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 42a RECEIVED BY (Print) 41c. DATE 42b. RECEIVEO AT (Location) 2c. DATE REC'D (YY/MM1:lD) 142d . TOTAL CONTAINERS STANOAAD FDflM 1«9 (REV. 212012) B"CK 2018-ICLI-00035 715 EFER ENCE NO. OF DOCUMENT SEING CONTINUED CONTINUATION SHEET 70COCR18P00000017 52 NAME Of OfFE ROR OR CONTFV.CTOR WEST PUBLISHING CORPORATION ITEM NO. QUANTITY SUf>P\.IESiSEIMCCS (A) (B ) (e) UNIT (D) UN IT PRICE AMOUNT (E) (F) apply only to t he purchase order resulting for ICE solici t ation 70COCR18Q00000005 . Exempt Action : Y Sensitive Award : PII Period of Performance : 12/22/2017 to 09/21/2020 0001 Base Period - 12/22/2017 - 01/31/2018 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . Product/Service Code : 0317 Product/Service Descript ion : IT AND TELECOMWEB-BASED SUBSCRIPTION Requisi t ion No : 192118FLMURQ0008 , 192118FUGOPS12087 b)(4);(b)(7)(E) Per~od 0002 of Performance : 12/22/2017 to 01/31/2018 Option Period 1 - 02/01/2018 - 01/31/2019 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . 12 MO kb)(4) 12 MO i h\(4 \ Amou nt : ~Fb~XB4~)========:JI (opt io n Line Item) 02/20/2018 Produ ct/Service Code : 0317 Produ ct/Service Descript ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Acco un t ing Info : Funded : ~ Period of Performance : 02/01/2018 to 01/31/20 1 9 0003 Optio n Period 2 - 02/01/20 1 9 - 01/31/2020 ACCESS TO LI CENSE PLATE SYS TEM (Al l ICE Users) Cont inued NSN 7S4()..()t · t52-8067 OPTIONAl. FORM:J.3Il (H I6) Sponsored 2018-ICLI -00035 716 b\' GSA FAR (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLISHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) Th is is a Firm-Fixed Price (FFP) CL IN . Amoun t : kh\(4\ Uoptio n Line Item) OS/20/2018 Product/Service Code : D317 Product/Service Descripti o n : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2019 to 01/31/2020 0004 Optio n Period 3 - 02/01/2020 - 09/30/2020 ACCESS TO LICENSE PLATE SYS TEM (Al l I CE Users) This is a Firm-Fixed Price (FFP) CL IN . 8 MO kb}(4) Amoun t : kb)(4) HOptio n Line Item) 08/20/2018 Product/Service Code : 0317 Product/Service Descript ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2020 to 09/30/2020 I nvoice Ins t ructions : ICE - ERO/ HSI Con t rac t s Service Providers/Cont ractors shall use t hese procedures whe n submi t ti ng an invo ice . 1 . I nvo i ce Submission : Invoices s ha l l be submitted in a " . pdf " format i n accorda n ce with t he contract te rms a nd conditions [Contract Special i st and Con t rac t ing Officer to d i sc l ose if o n a mo n th l y basis or other agreed to terms " ] via e mai l , Un ited States Posta l Service (USPS) or facs imi l e as follows : a) Email : • i h\(flHh\(7)(G\ • Cont ract ing Off i cer Representat i ve (COR) or Gover nme n t Poi n t of Contact (GPOC) • Con tract Specia l ist/Co n tracting Officer Each email sha l l contai n o nl y (1) invoice a nd the i nvo i ce number shall be indicated on the subject l i ne of the email . b) USPS : Cont inued NSN 7540-01·152-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 717 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO.OF DOCUMENT BEING CONTINUE D CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO. SU PPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) DHS , ICE Fi na nc ia l Operations - Burlington P . O. Bo x l620 Williston , VT 05495-1620 ATTN : I CE-ERO-FHQ-CED The Con t rac t o rs Data Un iversal Numberin g System (DUNS) Number mus t be registered and ac tive i n the System f o r Award Man age men t (SAM) at h t t p s : //www . sam.gov prior to award and s hall be nota t ed on e v er y i nvoic e s ub mi t ted to e ns ure p romp t payment prov is i o ns are met . The I CE p rogram office ident if ied in the task order/co n tract shall also be nota t ed on e v er y i nvo i ce . c ) Fa cs imi l e : Alternative Invoices shall be submitted t o : {802)-288-7658 S ubmi ssions by facsi mi le shall include a cov er sheet , point o f contact and the n umber of total pages . No te : the Service Providers o r Con t racto rs Dunn and Bradstreet ( D&8) DUNS Number mus t be r egis t ered in t he System for Award Mana geme nt (SAM) at h ttps : //www . sam . gov p rior to award and shall be no tated on ever y invo i ce submi tted to e ns ure prompt payment p ro vis ion s are me t . Th e I CE p rogram office ident if ied in the task order/co n tract shall also be nota t ed on e v er y i nvo i ce . 2 . Content of I nvo ices : Each i nvoice shall conta i n t he fo l lowin g i nformati on in acco r dance wi th 52 . 212-4 (g) , as applicable : ( i ) . Name and address of t he Serv i ce Provider/Contractor . Note : the na me , address and DUNS number on the invoice MUST matc h t he i n for mati o n in b oth the Contrac t/ Ag reeme n t and t he in formatio n in t he SAM . If payment i s remitted to another entity , the name , address and DUNS information of that entity mu st also be provided which wil l require Governme n t Continued .. . NSN 7S4ll-Ot·t52-8067 OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 718 Sponsored b\' GSA FAA (03 CFR) 53. '1 0 FER ENCE NO. O F DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLIS HI NG CORPORAT I ON ITEM NO. SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) verifica t ion before payment can be processed ; (ii) . Dun n and Brads t ree t (D&B) DUNS Nu mber : ( i ii) . I nvoice da t e a nd invoice number ; (iv) . Ag ree men t /contrac t nu mber , con t rac t line item number and , if applicable , the order n umber ; (v) . Description , qua n tity , unit of measure , un it price , exte nded price a nd period of pe r for mance o f the i t e ms or services delivered ; (vi) . If applicable , shipp ing number and da t e of shipmen t, i n cluding the bill of ladi ng n umber and weight of shipmen t if shipped on Governmen t bill o f lading ; (vii) . Terms o f a n y discou nt for prompt paymen t offered ; (vii i ) . Remit to Address ; ( i x) . Name , title , a nd phone number of person to reso l ve invoicing iss ues ; ( x ) . I CE program office designated o n order/co n tract/agreement a nd ( x i) . Mark invoice as "In terim " (Ongoing performa n ce and addi t ion al bil l ing e xpected) a nd " Fina l" (performa n ce complete and no additiona l billi ng) ( x ii) . El ectron ic Fu nds Tra n sfer (E FT ) ban king i n for matio n in accordance with 52 . 232 - 33 Payme n t by El ectron ic Funds Tra n sfer - System for Award Manageme n t or 52 - 2 32 - 34 , Payme n t by Electro n ic Funds Transfer - Other tha n System for Award Manageme n t . 3 . I nvo i ce Supporting Documentation . To ens u re payme n t , t he vendor mu st submit support ing docu mentat i on which provides s ubstantiation for t he invoiced costs to t he Contracting Of f icer Represe n tative (COR) or Poi n t of Contact (POC) identif i ed in the con tract . Invoice charges must Cont inued .. . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 719 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BEING CONTINUE D CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO_ SU PPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) align with t he con tract CLINs. Supporting documen t ation is required when guaranteed minimums are exceeded and when allowable costs are incurred . (i ii ) Fi rm Fixed-Price CL INs . Supporting docu men ta t io n is not re qu ired f or charges for FFP CLINs . 4 . Safeguarding I n for mati o n : As a contractor or v endor conducti ng business with Immi g ra ti o n and Customs Enforcement (ICE) , you are required to comply with DRS Po lic y regarding t he sa f egua rding o f Sensitive Personally Ide n ti f iable In form at io n (P Il ) . Sensitive PIl is in fo rmation t ha t iden ti f i es an i nd iv idual, in cl ud i ng an alien , and could result i n harm , e mbarrassme n t , i nco nve ni e nce or u nfa irness . Examples o f Sensitive PI I i nc l ude i nformat i on such as : Socia l Security Numbers , Al i en Re gist rat i on Numbers (A-Numbers), or comb inat ions o f i n forma ti o n such as the individua ls na me or other u ni que iden ti f i er and fu l l date o f birth , c i tizens h ip , or i mmi g ra t ion status . As pa rt of your obli ga t io n t o safeguard i nformati o n , the fol low precautions are re qu ired : (i) Email s uppo rt i ng doc ume n ts containing Sensitive PI I i n an e nc r ypted attachmen t with password sent separate l y to the Contracting Officer Representative assigned to the con t rac t . Iii) Never leav e paper doc umen ts con ta i ni n g Sensitive PI I u na t te nded and u ns ecure . Whe n no t i n use , t hese doc ume nts will be l ocked in drawers , cabinets , desks , e t c . so the i nformati on is no t accessib le to t hose without a need to kno w. (iii) Use s h redders whe n discarding paper documents contain i ng Sensitive PI I . (iv) Refer to the DHS Ha ndboo k for Safeguarding Sensitive Pe rso n a l ly Iden t i f i able In f orma t ion (Marc h 20 1 2) found at f b ){7)(E) Continued NSN rS4ll-Ot·t52..aoor OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 720 Sponsored b\' GSA FAA (03 CFR) 53. '10 FERENCE NO_OF DOC UMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAME OF OFFE ROR OR CONTRACTOR WEST PUBL I SHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES (A ) QUANTITY (8 ) (e ) UN IT ( D) UN IT PRICE ( E) AMOUNT (F ) f for mo re informatio n on a nd /or examp les of Sens it ive PIr. 5 . I nvoice Inqu i ries . I f yo u ha v e q uest i ons regardi ng p a yment , please contact ICE Fin a n cia l Ope r a t io n s at 1-877- 4 91-6521 or b y e-mai l at Kb)(6);(b)(7}(C) The t ota l a mou n t of a ward : j(b)(4) The obli g at i on f o r th i s a ward i s s h o wn i n bo x 26 . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6 ) 2018-ICLI -00035 721 Sponsored by GSA FAA (03 CFR) 53. ' 10 Statement of Work Access to License Plate Reader Commercial Data Service C.I. lNTRODUCTION AND BACKGRO UND. The intent of this Statement of Work (SOW) is to describe ICE's operational requirements to obtain querybased aeccss to a commcrcially avai lable Liccnsc Platc Rcadcr (LPR) databasc to support its cri minal and immigration law enforcement missions. A commercial LPR database stores recorded vehicle license plate numbcrs from camcras cq uippcd with liccnsc platc rcadcr technology. Rccords arc uploadcd into thc systcm from a variety of governmental and private sources including, but not limited to, access control systems such as toll road or parking lot camcras, vchiclc rcposscssion companics, and law cnforccmcnt agencics. Licenses to access the commercial database are sold to commercial consumers as well as 10 law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database. ICE wi ll use LPR information obtained in response to queries of the commercial database to further its criminal law enforcement and civi l immigration enforcement missions. ICE immigration enforcement personnel will query the LPR database using known license plate numbers associated with subjects of their immigration enforcement activities, to determinc whcre and when the vehicle has traveled withi n a specified period of time. The results of the queries will assist in identifyi ng the location of aliens to further ICE's immigration enforcement mission. ICE will also use LPR infonnation obtained from the commercial database to furthe r its criminal law enforcement mission, which includes investigations relatcd to national sccurity, illegal arms exports, fina ncial crimes, commercial fraud, human trafficking, narcotics smuggling, ch ild pornography, and immigration fraud. For example, use of LPR data in this context could he lp to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal activity, such as smuggling. Use of this data is expected to enhance officer and publ ic safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g. , away from a subject's residence if there are suspected to be children or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially available, query-based LPR database for ICE law enforcement personnel at ICE offices across the United States in the execution of their official law enforcement duties. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performance Requirements The vendor provides: Data Service ContentJScope • The LPR data service shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substant ial unique LPR detection records. • The LPR data service shall compile LPR from at least 25 states and 24 of the top 30 most populous metropolitan statistical areas to the extent authorized bv law in those locations. o A metropol itan statistical area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office 2018-ICLI-00035 722 of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies fo r statistical purposes. • The LPR data service provider shall demonstrate the number of new unique records that were added to the commercially available LPR database each month for the last consecut ive twelve (12) months. • The LPR data service shall make avai lable at leastJO million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing similar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing simi lar services to other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instructions and guidance to fac ilitate usc of system. • The abil ity to compare new user requests with lists of personnel authorized by ICE to usc the vendor system. • Automatic verification of accounts with the ability to audit by using the user's Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or indirectly by the National Law Enforcement Telecommunication System (N LETS). • The ability to add new users or delete existing users within 24 business hours of ICE's request. • Ini tial training to orient personnel to the usc of their system, including " Help Desk" support related to the use, access, and maintenance of the system. • System training and "Esca lation Procedures" for agency managcr and shall include procedures for resetting passwords. • Unlimited technical support to each user. • Pcriodic or as needed updates to the web interface and mobile application. The vendor will employ appropriate technical, administrative, and physical security controls to protect the integrity, availability, and confidentiality of the data resident in its system. Functional Requirements Query Capabilities • Before a user is able to perform a query from the main system or mobile appl ication, the system must display upon logon a splash screen that describes the agency's pennissible uses of the system and data, and requires the user to affirmatively consent to these rules before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be avai lable to the users via a hyperlink within the main system interface (including any mobile app interface). o The agency will provide the language for the splash screen content. • All queries of the LPR data service shall be based on a license platc numbcr queried by the user only, and the data returned in responsc must be limited to matchcs of that license platc number only within the specified pcriod of time. 2018-ICLI-00035 723 • The system will not permit user queries of the data service unless a license plate number is entered. A query can only be conducted by entering a liccnse plate number. • The query interface will incl ude a drop-down field fo r users to select a reason code for the query from a pre-populated list. The specific reason codes wil l be provided by ICE. This field is mandatory for conducting a query. • The query interface wi ll require a user to identify whether the user is entering data for him or herself or fo r another individual. If the user is entering data for another individual, the query interface will require the user to enter the name of the other individual. • The query interface must include a free- text field of at least 255 characters for user notes. This wi ll allow for additional information that will assist ICE in refcrencing the specific case for which the query was performed. Completing this field shall be mandatory for conducting a query. • The system will have the capability to limit the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface wi ll have a field for the user to select or input the appropriate timeframe fo r the query. o The system will display results only for LPR detecti on records within that timeframe (e.g. , only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets. • To ensure accuracy of information, the response to a query must include at least two photos on all hits. o Photos must be of sufficient quality to allow the user to visually confirm the license plate and vehicle make/model in the photo are the same as what is represented in the vendor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two different map views, nearest address, nearest intersection, date and time the license plate was captured, GPS coordinates, and source of the record. o The vendor shall provide a notification mechan ism in the event ICE users identify photographs that do not match the data in their system (license plate numbers or make/model mismatches). The vendor shall address all erroneous data. The vendor shall notify ICE and the ICE user of any inputted erroneous data and keep ICE and ICE users informed of corrections to erroneous data. • The vendor will not use any information provided by the agency (query data) for its own purposes or provide access or disclose such information to other customers, business partners, or any other individual or entity. • The vendor will not use ICE' s queries (the license plate numbers input into the system) for its commercial purposes. The vendor will only use the queries submitted by ICE to maintain an audit log. Alert List Capabilities • The LPR data service sha ll provide an "Alert List" feature that wi ll allow ICE users to save license plate numbers so they wi ll be automatically queried agai nst new records loaded into the vendor's LPR database on an on-going basis. Any matches wi ll result in a near real-ti me notification to the user. 2018-ICLI-00035 724 • The LPR data service Alert Li st wi ll provide capabil ities to share Alert List notifications between ICE users involved in the investigation. • The Alert List feature wi ll: I) Automatically match new incoming detection records to user-uploaded orentered Alert Lists containi ng the license plate numbers of interest in the investigation; 2) Send an emai l notification to the user originating such Alert List records and to any ICE user that has been shared the Alert List indicating there is a license plate match to new records in the system; and 3) Provide within the LP R system for download a PDF case fi le report for the match (wi th maps, vehicle images, and all pertinent detection & Alert Li st record information) for each email alert notification. The notification must be able to be limi ted to the user o r a use r group of ICE law cnforcement officers involved in the speci fi c investigation. The notification will comply with all applicable laws, including the Driver' s Privacy Protection Act of 1994 , 18 U.S.c. §§ 2721-2725. • The LPR data service wi ll allow specifica lly designated users to batch upload a maximum of 2,500 license plate records into the "Alert List". The batch upload will be in the form of a si ngle comma separated variable (CSV) fi le with data fiel ds to include, but not li mited to the fo llowing: Plate number; State of Registration; Vehicle Year, Make, Model & Color; reason code and an open text fi eld, of at least 255 characters, fo r a user note to assist in referencing the specific purpose / investigation / operation for which the query was performed. • • The Alert List function wi ll include an automated capability that fl ags license plates for de-confliction. License plate pictures taken with the automated Optical Character Recognition (OCR) plate numbcr translation shall be submitted to the LPR data service system for matching with license plates on any eurrent ICE Alert List. Any positive matches shall re turn to the iOS appl ication (identified below) alerting authorized users of a positive match. These pictures will be uploaded into the data service que ry by an authorized ICE user along with any mandatory information needed fo r a no rma l query. The pictures will be retained in the vendor's system for audit purposes only and wi ll not be otherwise accessible or usable for search purposes. • Each license plate number on an Alert List wi ll be va lid for one year unless the user removes it before expira tion. The system wi ll prompt use rs two weeks prior to expiration and require the user to a ffirmati vely indicate that there eontinues to be an operational requi rement to keep the particular license plate entry on the Alert List active, or be given the option to delete the license plate from the Alert List. Prompts should continue periodically until the expiration date is reached. The system will grant the user an additional week after expirat ion to re new the entry in the Alert List. If the user does not re new, the system shal l remove the license plate number from the Alert List. • All Alert List activity shall be audi ted to capture user name, date and time, reason code, and use r note associated with the query, as well as license plate number entry, deletion, renewal, and expiration fro m the alert list. • The vendo r shall not retain any data entered onto an Alert Li st except as part of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert List. Mobile Device Capabilities • The LPR data service shall fea ture an iOS-compatible mobile appl ication that allows authorized ICE users to: o Query the LPR data service by entering the license plate number, state of registrat ion, reason code, and the ability to add returned positive matches into the Alert List. 2018-I CLI -00035 725 • o Have quick access and recall of any queries and Alert Lists associated with the user or designated user group. The vendor application wi ll delete any saved data on the mobile device after 60 days, ifnot already deleted manually by the user. o Provide capabilities to share Alert List notifications between ICE users involved in the investigation. The mobile application wi ll conform to all other performance, pri vacy, and fu nctional requirements identified in the SOW. The vendor shall coordinate with ICE to make sure that the mobile applicat ion undergoes the required privacy assessment prior to use. Audit alld Reporting Capabilities • The vendor shall generate an immutable audit log in electronic fo rm that chronicles the fo llowing data: o Identity of the user initiating the query or the person on whose behalf the query is initiated, if diffe rent; o Exact query entered, to include license plate number, date limitations, geographic limitations (if applicable), reason code, and any other data selected or input by the user; o Date and time of query; and o Results of the query. • All Alert List activity shall be aud ited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall provide to ICE user audit reports on a quarterly basis and upon request. Audit reports shall contain the audit log information of a given user(s) for the specified period of time. The vendor shall provide the audit log in electron ic form via secure transmission to ICE promptly upon request. The format of the audit log shall allow for ICE to retrieve user activity by user name (or 10), query entered (e.g., particular license plate) and date/time. The exact technical requirements and format for the audit log will be negotiated after contract award. • The vendor sha ll promptly cooperate with an ICE request to retrieve and provide a copy of the actual records retrieved from the LPR data service in response to a particular query, or any other data relevant to user activity on the vendor system, for purposes of the agency's internal investigations and oversight . • The vendor shall not use audit trai l data fo r any purpose other than those specified and authorized in th is contract. • The vendor is to provide quarterly, or upon request, statistics based on positive hits against the number of requested searches and hit li st. • The audit logs specified in this statement of work are records under the Federal Records Act. The vendor shall mai ntain these records on behalf of ICE throughout the life of the contract, but for no more than seven (7) years. The vendor is not authorized to share these records, or the Alert List data, with any outside enti ties incl uding other law enforcement agencies. At the end of the contract, the vendor shall extract, transfer, and load these records (including any still-active Alert List data, if requested by ICE) to another storage medium or location specified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After successful transfer of these records, the vendor shall ensure all copies of the records (incl uding any stil l-active Alert List data) are securely deleted from all networks and storage media under its control or under the contro l of any of its agents or subcontractors. The vendor shall meet the fo llowing Key Performance Parameters (KPPs): 2018-ICLI-00035 726 1\1ctnc LPR Data Service l lnit of Mcasurc l\1immum Uptime - Unit of measure 100% > 99.0 Operating Schedu le 24/7/365 Schedu led downtime 99.0 Operating Schedule 24171365 Scheduled downtime 99.0% Validated User/Customer Complaints 100% Inspcction >99% Monitored monthly during the Transition In period. Contractor sel fmonitoring and Validated Use r/Customer Complaints 100% inspection Metrics will be reported in CPARS. Less than 5 seconds after submission 95% Monitored mo nthly during the life of the contract Contractor Selfmonitoring and Vali dated User/Customer Complaints 100% Inspection Metri cs wi ll be reported in CPARS. Performance Indicator 2018-ICLl -00035 730 4. METHODS OF QUALITY ASS URANCE (QA) SURYE ILLANCE Regardless of the surveil lance method, the COR shall always contact the Contractor's task manager or onsite representati ve when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the CO, shall be responsible for monitoring the Contractor' s performance in meeting a specific performance standardlAQL. Various methods exist to monitor performance. The COR wil l use the surveillance methods listed below in the administration of thi s QASP. a. PER IODIC INSPECTION • Schedul ed quarterly inspection of audit logs or as required b. V AUDATED USER/CUSTOMER COM PLAIN TS The Contractor is expected to establ ish and maintain professional communication between its employees and customers. The primary objective of thi s communication is customer satisfaction. Customer sati sfaction is the most significant external indi cator of the success and effectiveness of all services provided and can be measured through customer complaints. Perfonnanc e management drives the Contractor to be customer focused through initially and internal ly addressing customer complaints and invest igating the issues and/or problems but the customer always has the option of commun icating complaints to the COR, as opposed to the Contractor. Customer complaints, to be considered va lid, must be set forth clearly and in writing the detailed nature of the compla int, must be signed, and must be forwarded to the COR. Customer fee dback may also be obtained either from the resu lts of customer satisfaction surveys or from random customer complaints. • • • Review of identifi ed defic iencies and or complaints made by users of the services Investigate and validate Review of notification of report d iscrepancies c. 100% INSPECTION • • • • Review of LPR Data Service uptime Review of Scheduled Downtime Review Meantime Between Fail ure (MTB F) Review Overall Support Service Availab il ity d. Analysis of Contractor's progress report . The Contractor is req uired to provide a weekly progress report that will be used to communicate the Contractor's status in the Transition phase. e. Performance reporting. Survei llance results will be used as the basis for actions aga inst the Contractor Past Performance Report. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO's actions. 2018-ICLI-00035 731 5. DOCUMENTI NG PERFORMANCE Documentation must be accurate and thorough. Completeness, currency, and accuracy support both sati sfactory and unsatisfactory perfonnancc a. ACCEPTABLE PERFORMANCE The Government shall document positive performance. All positive performance should be documented by an email to the COR describing the outstanding perfonnance and why it is of value to the Government. This information shall become a part of the supporting documentation for the Contractor Performance Assessment Reporting System (CPARS) and the QASP b. UNACCEPTABLE PERFORMANCE When unacceptable pcrfonnancc occurs, the COR shall infonn the Contractor. This will be in writing unless circumstances necessitate verbal communication. in any case the COR shall document the discussion and place it in the COR file. When the COR determines formal wri tten communication is required, the COR shall prepare a Contract Di screpancy Report (CDR), and present it to the Contractor's representati ve. A CDR template is avai lable upon request to the Contracting Officer. The Contractor wi ll acknowledge recei pt of the CDR in writing. The CD R will spec ify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable perfomlance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to prese nt th is corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to detennine acceptability. Any CDRs will become a part of the supporting documentation for Past Performance. 6. FREQUENCY OF MEASUREMENT Wh ile the Contractor is fully expected to comply with all requirements in the PWS, the Government's assessment of Contractor performance will focus mainly on the objectives listed in the AQL column of the Performance Standards Summary Matrix. The COR wi ll monitor the Contractor's performance to ensure it meets the standards of the contract. Unacceptable perfonnance may result in the Contracting Officer taking any of the fo llowing actions: Require the Contractor to take necessary action to ensure that future perfonnance confonns to contract requirements, reduce the contract price to reflect the reduced value of the services, issue a Contract Discrepancy Report, or require the Contractor to re-pcrfonn the service. In addition, the Contractor 's performance will be recorded annually in the Contractor Perfonnance Assessment Report (CPAR). Signature - Contracting Officer's Representative Signature - Contracting Officer 2018-I CLI -00035 732 ATrACHMENT 3: TE RMS AND CON DI T IONS CUSTOM CO ADDED TERM S AN D CON DITIONS In the case ofa conflic t between the terms and conditions of the contractor's agreement and the terms and cond itions of this purchase order, all appl icable federa l statutes and regulations shall govern. 52.204-21 BASI C SAFEGUARDING OF COVE RED CONTRACTOR INFORMATION SYSTEM (JUN 2016) (a) Definitions. As used in this clause"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract informat ion. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or del iver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. " Information" means any commun ication or representation of knowledge such as fac ts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Securi ty Systems Instruction (CNSSI) 4009). " Information system" means a discrete set of information resources organized fo r the col lection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or control s that are prescri bed to protect info rmation systems. (b) Safeguarding requirements and procedures. (\) The Contractor shall apply the following basic safeguarding rcquircments and procedures to protect covered contractor infonnat ion systems. Requiremcnts and procedures fo r basic safeguarding of covered contractor informatio n systcms shall include, at a minimum, the following security controls: (i) Limit informa tion system access to authorized users, processes acting on bchalf of authorized users, or devices (including other information systems). (ii) Limit infonnation system access to the types of transact ions and funct ions that authorized users are pennilled (0 execute. (ii i) Verify and control/limit connections to and use of external informat ion systems. (iv) Control infonnation posted or processed on publ icly accessible information systems. (v) Identify information system users, processes acting on behal f of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowi ng access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Infonnation before d isposal or release for reuse. (viii) Limit physical access to organizational infonnation systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases arc available. 2018-ICLI-00035 733 (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguardi ng requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including th is paragraph (c), in subcontracts under this contract (including subcontracts fo r the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its info rmation system. 52.209-07 INFORMATION REGARDING RESPONS IBILITY MATTERS (JUL 2013) (a) Defi nitions. As used in this provision. "Admini strative proceeding" means a no n-judicial process that is adjudicatory in nature in order to make a detem1ination of fault or liabi lity (e.g., Securities and Exchange Commission Administrative Proceedings, Civi lian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State leve l but only in connection with performance of a Federal contract or grant. It does not include agency actions suc h as contract audits, site visits, corrective plans, or inspection of deliverables. " Fcderal contracts and grants with total value greater than $ 10,000,000" means. (I) The total value of al l current, active contracts and grants, including all priced options; and (2) (2) Thc total value ofa l! currcnt, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). " Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibi lities within a business ent ity (e.g., general manager; plant manager; head ofa division or business segment; and similar positions). (b) The offeror [1 has [ ] does not have current active Federal contracts and grants with total value greater than S I 0,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (F APII S) is current, accurate, and comp lete as of the date of submission of this offer with regard to the fo llowing information: (1) Whether the offeror, and/or any of its principals, has o r has not, within the last fi ve years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a fi nding of fault and liabil ity that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more. (ii i) In an administrative proceeding, a findi ng of fault and liabi lity that rcsu lts in. (A) The payment of a monetary fine or penalty of$5 ,000 or more; or (B) The payment ofa reimbursemcnt, rcstitution, or damages in exccss ofS 100,000. (iv) In a criminal, civil, or administrative procecd ing, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor ifthc proeecding could have led to any of the outcomes specified in paragraphs (c)( I lei), (c)( I )(ii), or (c)( I )(iii) of this provision. 2018-ICLI-00035 734 (2) [fthe offeror has been involved in the last five years in any of the occurrences listed in (c)(I) of this provision, whether the offeror has provided the requested infonnation with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)( I)(i) through (c)(I)(iv) of this provision in FAPllS as required through maintaining an active registration in the System for Award Management database via https:llwww.acquisi tion.gov(see52.204-7). S2.212-IINSTRUCTIONS TO OFFERORS. COMMERCIAL IT EMS (J AN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisi tion appear in Block [0 of the sol icitation cover sheet (Sf. [449). However, the small business size standard for a concern which submi ts an offer in its own name, but which proposes to furnish an item which it did not itse[fmanufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF [449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show. ([) The sol icitation number; (2) The time specified in the solicitation fo r receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A tcchnical dcscription ofthc itcms bci ng offcrcd in sufficient detail 10 cva[uatc comp[iancc with thc requircments in thc solicitation. This may include productl itcrature, or other documents, if necessary; (5) Tern1s of any express warranty; (6) Price and any discount terms; (7) " Rcmit to" address, if different than mai ling address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete e lectronically); (9) Acknowledgment ofSo[ici tation Amendments; ([ 0) Past performance information, when included as an evaluation fac tor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (II) Irthe offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the tenns and conditions of the sol icitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer finn for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the sol icitation. (d) Product samples. When required by the sol icitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in Ihis solicitation, these samples shall be submitted at no 2018-ICLI-00035 735 expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward test ing. (e) Multiple offers. Offerors are encouraged to submit mUltiple offers presenting alternative terms and condit ions, including alternative line items (provided that the alternat ive line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitat ion. Each offer submitted will be evaluated separately. (t) Late submissions, modifications, revisions, and withdrawals of offers. (I) Offerors arc responsible for submining offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time speci fi ed in the sol icitation. lfno time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and. (A) lfit was transmitted through an cleetronic commerce method authorized by the sol icitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (8) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this sol icitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to estab lish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, othcr documentary evidence ofreceipt maintai ned by the installation, or oral testimony or statements of Government personnel. (4) If an cmergeney or unanticipated event intelTUpts normal Govcrnment processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the so licitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the firs t work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral so licitations may be withdrawn orally. If the sol icitation authorizes facs imile offers, offers may be withdrawn via facsimile received at any time before the exact time set fo r receipt of offers, subject to the conditions specified in the sol icitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is establ ished and the person signs a receipt for the offer. (g) Contract award (not applicable to Invi tation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct di scussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such 2018-ICLI-00035 736 action is in the public interest; accept other than the lowest offer; and waive informali ties and minor irregularit ies in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qual ifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right 10 make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availabi lity of requirements documents cited in the sol icitation. (I)(i) Thc GSA Indcx of Fcderal Spccifieations, Standards and Commercialltcm Descriptions, FPMR Part 101-29, and copics of spccifications, standards, and commcrcial itcm descriptions cited in this solicitation may be obtaincd for a fee by submitting a request to. GSA Fcderal Supply Scrvicc Spccifieations Sect ion Suitc 8100 470 East L' Enfant Plaza, SW Washington, DC 20407 Telephonc (202) 619-8925 Facsimile (202) 6 19-8978. (ii) Ifthc Gcncral Serviccs Administration, Dcpartmcnt of Agriculturc, or Departmcnt ofYctcrans Affairs issucd this sol icitation, a single copy of spccifieations, standards, and commercial item descri ptions citcd in this solicitat ion may be obtaincd free of charge by submitting a request to the addressec in paragraph (i)(1 lei) of this provision. Additional copies will bc issucd fo r a fcc. (2) Most unclassified Defense specifications and standards may be downloadcd from the fo llowing ASSIST wcbsites: (i) ASSIST (https:llassist.dla.mil/online/startJ). (ii) Quick Search (http;llguieksearch.dla.mi ID. (ii i) ASS1STdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by. (i) Using the ASSIST Shopping Wizard (https:llassist.dla.millwizardlindex.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (ii i) Ordering from DoDSSP, Building 4, Section 0 , 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their prcparation, publication, or mai ntenance. U) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of$3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" 2018-ICLI-00035 737 followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (E FT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying al ternative EFT accounts (see subpart 32 . 11) for the same entity. If the Offeror does not have a un ique enti ty identifier, it should contact the enti ty designated at www.sam.gov fo r unique entity identifier establishment directl y to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the enti ty designated at www.sam.gov for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, duri ng performance and through final payment of any contract resulting from this sol icitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracti ng Officer wi ll proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through hllps://www.acquisition.gov. (I) Debriefin g. If a post-award debriefing is given to requesting offerors, the Government shall diselose the following information, if applicable: (I) The agency's evaluation of the significant weak or deficient fac tors in the debriefed offeror' s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commcrcial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable respo nses to relevant quest ions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, appl icable regulations, and other applicable authorities were fo llowed by the agency. (End of provision) S2.212-2EVAL.. UA TION. COMMERCIAL.. ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: I. Technical Approach II. Past Perfonnance II I. Price Technical and past performance , when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option 2018-ICLI-00035 738 prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A writtcn noticc of award or acceptance of an offer, mailed or otherwise furnishcd to the succcssful offcror within the time for acceptance specified in the offer, shall result in a binding contract without fu rther action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 (NOV 2017) OFFEROR REPRESENTATIONS AND CERTIFICATIONS. COMMERCIAL ITEMS The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electron ically via the System fo r Award Management (SAM) website located at https:llwww.sam.gov/portal. If the Offcror has not completed the annual represcntations and ccrtificatio ns electronically, thc Offeror shall completc only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision. "Econom ically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which arc controlled by, onc or morc womcn who arc citizcns ofthc Unitcd Statcs and who arc economically disadvantaged in accordance with 13 CFR part 127. It automatically quali fies as a women-owned small business eligible under the WOSB Program. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or morc cntitics that control an immcdiate owner of tile offeror. No entity owns or exercises control of the highest level owner. " Immediate owner" means an entity, other than the offeror, that has di rect control of the offeror. Indicators of control include, but are not limited to, one or more of the fo llowing: ownership or interlock ing management, idcntity of intcrests among family mcmbers, shared fac ilitics and cquipment, and the common usc of cmployees. " Inverted domestic corporation", means a fore ign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(bl, appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except. (I) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Ani mals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Gradcs of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricul tural and Forestry Products; (8) PSC 96 10, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. " Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the fi nished product that is to be provided to the Government. If a product is disassembled and reassembled, the place ofreasscmbly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mi neral extraction activities, o il-related activities, or the production of mi litary equipment, as those terms are defined in the Sudan Accountability and Divestment Act of2007 (Pub. L. 110-174). Restricted business operations 2018-ICLI-00035 739 do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Di vestment Act of2007) conducting the business can demonstrate. (\) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Arc conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providi ng goods or services to marginalized populations of Sudan; (4) Consist of providi ng goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education ; or (6) Have been voluntarily suspended. "'Sensitive technology". (\) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically. (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Docs not include information or inforn1ational materials the export of which the President docs not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 V.S.C. l702(b)(3». "Service-disabled veteran-owned small business concern". (\) Means a small business concern. (i) Not less than 5 1 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 5 1 percent of the stock of which is owned by one or more servicedisabled veterans; and (ii) The management and dai ly business operations of which are controlled by one or more service-disabled veterans or, in the case ofa service-disabled veteran with permanent and severe disabi lity, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 V.S.c. 101(2), with a disability that is servieeconnected, as defined in 38 V.S.c. 101( 16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the ficld of operation in which il is bidding on Government contracts, and qualificd as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that. (\) [s at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by. (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exc lusions set forth at 13 CFR 124. 104(c)(2); and (2) The management and dai ly business operations of which arc controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (I lei) and (ii) of this defin ition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned. (1) Directly by a parent corporation; or (2) Through anothcr subsidiary ofa parent corporation. "Veteran-owned sma ll business concern" means a small business concern. 2018-ICLI-00035 740 (i) Not less than 5i percent of which is owned by one or more veterans (as defined at 38 U.S.c. iO 1(2» or, in the case of any publicly owned business, not less than 5i percent of the stock of which is owned by one or more veterans; and (2) The management and daiiy business operations of which arc controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that oniy changes its name. The extent of the responsibility of the successor fo r the iiabii ities of the predecessor may vary, depending on State iaw and specific circumstances. "Women-owned business concern" means a concern which is at least 5i percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small busi ness concern" means a small business concern. (i) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern el igible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(I) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically changc the rcpresentations and cert ifications posted on the SAM website. (2) The offeror has completed the annual representat ions and certifications electronically via the SAM website accessed through http://www.acquisition.gov.AfterreviewingtheSAM database information, the offeror verifies by submission of this offcr that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications.Commerciall!ems, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NA ICS code referenced for this solici tation), as of the date of thi s offer and are incorporated in this offer by rcfcrence (sec FAR 4.120 1), except for paragraphs _ _ _ _ _---, (Offeror to identify the appl icable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of th is solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accuratc, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be perfornled in the United States or its outlying areas. Check all that apply. (i) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (e)(l) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disab led veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only irthe offeror represented itsc1fas a sma ll busi ness concern in paragraph (c)(I) of this provision.] The offeror represents, that it 0 is, 0 is not a small disadvantaged business concern as defined in 13 CF R J 24.1002. 2018-ICLI-00035 741 (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(I) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. (6) WOSB conccrn eligible under thc WOSB Program. [Complete only ifthc offcror rcprescntcd itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represenls that. (i) It 0 iS,D is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its el igibility; and (ii) It 0 is, 0 is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of thi s provision is accurate for each WOSB concern eli gible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern el igible under the WOSB Program and other small busi nesses that are participating in the joint venture: .] Each WOSB concern el igible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itse lf as a WOSB concern e ligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that. (i) It 0 is, 0 is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibi lity; and (ii) It 0 is, 0 is not ajoint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is aecurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that .] Each EDWOSB concern participating in the joint venture shall are participating in the joint venture: submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expectcd to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete on ly if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)( 1) of thi s provision.] The offcror represents that it 0 is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, smal1 business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract priee: __________- : _ - - - - _ : _ (\0) HUBlone small business concern. [Complete only if the offeror represenled itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents, as part of its offer, that. (i) It 0 is, 0 is not a HUBlone small business concern listed, on the date of this representation, on the List of Qualified HUBlone Sma ll Business Concerns maintained by the Small Business Administration, and no material changes in ownership and cOnlrol, principal office, or HUBlone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It 0 is, 0 is not a HUBlone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(IO)(i) of this provision is accurate for each HUBlone small business concern participating in the HUBlone joint venture. [The offeror shall enter the names of each of the HUBlone small business concerns participat ing in the HUBlone joinl venlure: .] Each HUBlone small business concern participating in the HUBlone joint venture shall submit a separate signed copy of the HUBlone representation. (d) Representations required to implement provisions of Executive Order 11246. (\) Previous contracts and compliance. The offeror represents that. 2018-ICLI-00035 742 (i) It 0 has, 0 has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) [t 0 has, 0 has not filed all required compliance reports. (2) Affirmative Action Compliance. The offcror rcprcscnts that. (i) It 0 has developed and has on file, 0 has not developed and does not have on file, at each establishment, affi rmative action programs required by rules and regulations of the Secretary of Labor (4 [ cfr parts 60- [ and 60-2), 0' (ii) [t 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.c. 1352). (Appl ies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federa[ appropriated funds have been paid or wi ll be paid to any pcrson for infl ucncing or attempting to in !1uence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on hi s or her behalf in connection with the award of any resultant contract. [f any registrants under the Lobbying Di sclosure Act of [995 have made a lobbyi ng contact on bchalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMS Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom paymems of reasonable compensation were made. (f) Suy American Certificate. (Applies only if the clause at Federa[ Acquisition Regulation (FAR) 52.225- 1, Buy American.Supplies, is included in this sol icitation.) (I) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unk nown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as fo reign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially availab[e off-the-she lf(COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" arc defincd in the clause of this solicitation entilled " Buy American. Supplies." (2) Foreign End Products: Line Item No. Country of Origin [List as necessary] (3) The Government will evaluate offcrs in aecordance with the polieies and procedures of FAR Part 25. (g)( [) Buy American. Free Trade Agreements. Israel i Trade Act Cert ificate . (Appl ies only if the clause al FAR 52.225-3, Buy American. Free Trade Agreements. Israeli Trade Act, is included in th is solici tation.) (i) The offcror certifies that each end product, except those listed in paragraph (g)( 1)(ii) or (g)( 1)(iii) of this provision, is a domestic end produet and that for other than COTS items, the offeror has considered componcnts of unknown origin to have been mined, produced, or manufactured outside the United States. The terms " Bahrainian, Moroccan, Oman i, Panamanian, or Peruvian end product," " commercially available off-the-shelf(COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," 2018-ICLI-00035 743 "Free Trade Agreement country end product," " Israeli end product," and "United States" are defined in the clause of thi s sol icitation entitled " Buy American. Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian cnd products) or Israeli end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. lsrael i Trade Act'": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani , Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (ii i) The offeror shall list those suppl ies that are fore ign end products (other than those listed in paragraph (g)( I)(i i) of this provision) as defined in the clause of this solicitation entitled " Buy American.Free Trade Agreements.lsraeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qua lify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 . (2) Buy American. Free Trade Agreemcnts. Israeli Tradc Act Certificate, Alternatc I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, subst itute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. Israel i Trade Act" : Canadian End Products: Line Item No. [List as necessary] (3) Buy American.Free Trade Agreemellts.Israeli Trade Act Certificate, Alternate [I. If Alternate II to the clause at FAR 52.225-3 is incl uded in this solicitation, substitute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: 2018-ICLI-00035 744 (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American.Free Trade Agreements. lsraeli Trade Act"; Canadian or Israeli End Products; Line Item No. Country of Origin [List as necessary] (4) Buy American.Free Trade Agreements.Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the followi ng paragraph (g)( I )(ii) for paragraph (g)( I)(i i) of the basic provision; (g)( I )(i i) The offeror cert ifies that thc fo llowing supplies arc Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act"; Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in th is so licitation.) (i) The offeror ccrtifies that each end product, exccpt those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solic itation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that arc not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin [List as necessary] (ii i) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offcrs of U.S.-made or designated country end products wi thout regard to the restrictions of the Buy American statute. The Government will consider for 2018-ICLI-00035 745 award only offers of U.S.-made or designated country end products unless the Contracting Officer detennines that there are no offers for such products or that the offers for such products are insuffic ient to fulfill the requirements of the so licitation. (h) Certification Rcgardi ng Responsibi lity Mattcrs (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror cert ifies, to the best of its knowledge and belief, that the offeror and/or any of its principals. (I) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ineli gible fo r the award of contracts by any Federal agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtai ning, attempting to obtain, or performing a Federal , state or local governmcnt contract or subcontract; violation of Federal or state antitrust statutes relati ng to the submission of offcrs; or commission of embezzlement, theft, forgery , bribery, fa lsification or destruction of records, making fa lse statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, comm ission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 '·Iave, 0 have not, within a three-year period preceding this offer, bcen notified of any del inquent Federal laxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered del inquent ifboth of the fo llowing criteria apply: (A) The tax liability is fina lly dctcrmined. The liabil ity is finally determi ned ifi t has been assessed. A liability is not finally dctcrmined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finall y determined unti l all judicial appeal rights have been exhausted. (9) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liabi lity when full payment was due and required. A taxpayer is not del inquent in cases where enforced collection action is prccluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax defic iency. This is not a delinquent tax because it is not a final tax liabi lity . Should the taxpayer seek Tax Court review, th is wi ll not be a final tax liabi lity until the taxpayer has exercised all judicial appeal rights. (9) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liabi lity, and the taxpayer has been issued a notice under I.R.C. §6320 entitl ing the taxpayer to request a hearing with the IRS Office of Appeals contcsting the lien fi ling, and to further appeal to the Tax Court if the IRS dctcrmi nes to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportuni ty to contest the liabi lity. Thi s is not a delinquent tax because it is not a final tax liabi lity. Should the taxpayer seek tax court review, this wi ll not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant 10 I. R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make fu ll payment. (D) The taxpayer has fil ed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under II U.s.c. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)( I) any end products being acquired under this solicitati on that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Chi ld Labor, unless excluded at.J (I) Listed end products. 2018-I CLI -00035 746 Listed End Product Listed Countries or Origin (2) Certification. (If the Contract ing Officer has identified end products and countries of origin in paragraph (i)( 1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(i i) by checking the appropriate block.] o (i) The offeror will not supply any end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in thc corresponding country as listed for that product. o (i i) The offeror may supply an end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured chi ld labor was used to mine, produce, or manufacture any such end product furn ished under this contract. On the basis of those efforts, the offcror certifies that it is not aware of any such use of child labor. (i) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisi tion of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture ofthc end products it expects to provide in response to this solicitation is prcdominantly. (\) 0 In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regarding exemptions from thc application of the Scrvice Contract Labor Standards (Certification by the offeror as to its compl iance with respect to the contract also constilUtes its certificat ion as to compl iance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)( \) or (k)(2) appl ies. J 0 (\) Maintcnance, cal ibration, or rcpair of certain cquipment as deseribcd in FAR 22.\003-4(c)(\). The offeror 0 does 0 does not certify that. (i) The items of equipment to be serviced under this contract are used regularly for other than Govcrnmental purposes and arc sold or tradcd by the offeror (or subcontractor in thc casc of an cxempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furn ished at prices which are, or are based on, established catalog or market prices (see FAR 22 .1003-4(c)(2)(ii» for the maintenance, cal ibration, or repair of suc h equipment; and (ii i) Thc compensation (wage and fri nge benefits) plan for all service employecs pcrforming work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. o (2) Certain services as described in FAR 22.1003-4(d)( \). The offeror 0 does 0 does not certify that. (i) The services undcr the contract arc offered and sold rcgularly to non-Governmental customers, and arc provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services wi ll be furnis hed at prices that are, or are based on, establ ished catalog or market prices (sec FAR 22 .1003-4(d)(2)(iii»; (ii i) Each service employee who wi ll perform the services under the contract will spend only a small portion of his or her time (a month ly average of less than 20 percent of the avai lable hours on an annuali zed basis, or less than 20 percent of available hours duri ng the contract period if the contract period is less than a month) servicing the Govcrnmcnt contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees perform ing work under the contract is the same as that used fo r these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)( I) or (k)(2) of this c lause applies. 2018-ICLI-00035 747 (i) If the offeror does not certify to the condit ions in paragraph (k)( I) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the sol icitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)( I) or (k)(2) of this clause or to contact the Contract ing Officer as required in paragraph (k)(3)(i) of this clause. (1) Taxpayer Identification Number (TIN) (26 U.S.c. 6109.31 U.S.c. 7701). (Not applicable if the offeror is required to provide this infom1atio n to the SAM database to be eligible for award.) (I) All offerors must submit the informat ion required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requirements of31 U.S.C. 7701 (c) and 3325(d), reporting requirements of26 U.S.c. 6041, 6041 A. and 605 OM, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any del inquent amounts arising out of the offeror's relat ionship with the Government (31 U.S.c. 770 l(c )(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (T IN). D TIN: __~__~~~____________ o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or fore ign partnership that docs not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organizat ion. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CF R 1.6049-4; o Other _ _ _ _ _ _ _ _ _ _ _ _ __ (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________ TI N :-c---,-------,------,-,-----,---,-. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracti ng with Inverted Domestic Corporations. (I) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts wi th either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9. IOS-2(b) applies orthe requirement is waived in accordance with the procedures at 9. IOS-4. (2) Representation. The Offeror represents that. (i) It 0 is, 0 is not an inverted domestic corporation; and (ii) [t 0 is, 0 is not a subsidiary of an inverted domestic corporation. 2018-ICLI-00035 748 (0) Prohibition on contract ing with entities engaging in certain activities or transact ions relat ing to Iran . (I) The offeror shal l e-mail questions concerning sensitive technology to the Department of State at CISA DA 106@state.gov. (2) Representation and Certifications. Unless a waiver is grantcd or an exception applies as providcd in paragraph (0)(3) of this provision, by submission of its offer, the offeror. (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or indi viduals owned or contro lled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activi ties for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds 53,500 with [ran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.c. 1701 et seq.) (see OFAC' s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofae/downloadsftllsdn.pdO. (3) The representation and certificat ion requirements of paragraph (0)(2) of this provision do not apply if. (i) This solicitation includes a trade agreements certification (e.g., 52 .212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be suppl ied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all sol icitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solici tation. (1) The Offeror represents that it 0 has or 0 does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision fo r each participant in the joint venture. (2) [f the Offeror indicates "has" in paragraph (p)( I) of this provision, enter the following information: Immediate owner CAGE code: __________ Immediate owner legal name: __________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: 0 Yes or 0 No. (3) [fthe Offeror indicates ""yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following informa tion: Highest-level owner CAGE code: _________ Highest-level owner legal name: _________ (Do not usc a "'doing business as" name) (q) Representation by Corporations Regarding Del inquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Di vision E of the Consolidated and Further Continuing Appropriations Act, 20 IS (Pub. L. I 13-235), and simi lar provisions, if contained in subsequent appropriations acts, The Government wi ll not enter into a contract with any corporation that. (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liabi lity, where the awarding agency is aware of the unpaid tax liabi lity, unless an agency has considered suspension or debarment of the corporation and made a detern1ination that sllspension or debarment is not necessary to protect the interests of the Government; or 2018-ICLI-00035 749 (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debannent of the corporation and made a determination that this action is not necessary to protect the interests of the Govern ment. (2) The Offeror represents that. (i) 11 is 0 is not 0 a corporat ion that has any unpaid Federal tax liability that has been assessed, for which all judicial and admini strative 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 liabi lity; and (ii) It is 0 is not 0 a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204- 16, Commercial and Government Entity Code Reporting.) (1) The Offcror represents that it 0 is or 0 is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(l) of this provision, enter the followi ng information for all predecessors that held a Federal contract or grant withi n the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: - - (or mark "Unknown") Predecessor legal name: ____________ (Do not use a "doing business as" name) (s) [Rescrved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduct ion Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1 (k». (I) This representation shall be completed if the Offeror received $7.5 mill ion or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 mi llion in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itse lf or through its immediate owner or highest-leve l owner) 0 does, 0 does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results ofa greenhouse gas inventory, performed in accordance with an accounting standard with publicly avai lable and consistent ly applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest- level owner) 0 does, 0 does not publ icly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publiely accessible website a target 10 reduce absolute emissions or emissions intensity by a specific quantity or percentage. (ii i) A publicly accessible website includes the Offeror's own website or a recogni zed, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked "docs" in paragraphs (t)(2)(i) or (t)(2)(i i) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals arc reported: _ _ _-,--_ _-,--_ (u)( l) In accordance with section 743 of Division E, Title VII , of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. I 13-235) and its successor provisions in subsequent appropriations acts (and as extended in continui ng resol utions), Government agencies arc not permitted to usc appropriated (or otherwise made avai lable) funds fo r contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud , or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2018-ICLI-00035 750 (2) The prohibition in paragraph (u)(\) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Informati on Nondisclosure Agreement), Form 4414 (Sensiti ve Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nond isclosure of classi fi ed information. (3) Representation. By submission of its offer, the Offeror represents that it wi ll not require its employees or subcontractors to sign or comply wi th internal confidentiality agreements or statements prohibi ting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance ofa Government contract to a designated investigative or law enforcement representative ofa Federal department or agency authorized to receive such infonnat ion (e.g. , agency Office of the Inspector General). FAR 52.212-4CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) This clause is incorporated by reference. The full text of the clause is available at; hllps://www.acquisition.govIFARJ. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEM ENT STATUTES OR EXECUTIVE ORDERS - COMMECIAL ITEMS (NOV 2017) (a) The Contractor shall comp ly with the fo llowing Federal Acquisition Regulation (FA R) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders appl icable to acquisitions of commercial items: [ZJ 52.203- 19 Prohibit ion on Requiring Certain Internal Confident iality Agreements or Statements (JAN 2017) [ZJ 52.209- 10 Prohibition on Contracting with Inverted Domestic Corporations (NOY 2015) [ZJ 52.233-3 Protest After Award (AUG 1996) [ZJ 52.233-4 Appl icable Law fo r Breach of Contract Claim (OCT 2004) (b) The Contractor shall comply with the FAR clauses in thi s paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executi ve orders applicable to acquisitions of commercial items: D 52.203-6 Restrict ions on Subcontractor Sales to the Government (SEPT 2006) o Alternate I (OCT 1995) [ZJ 52.203- 13 Contractor Code of Business Eth ics and Conduct (OCT 2015) D 52.203- 15 Whistlcblower Protections under the American Recovery and Rei nvestment Act of2009 (JUNE 2010) [ZJ 52.204- 10 Reporting Execut ive Compensation and First-Tier Subcontract Awards (OCT 2016) D (Reserved] [ZJ 52.204- 14 Service Contract Reporting Requirements (OCT 2016) D 52.204- 15 Service Contract Reporting Requirements for Indefinite-Del ivery Contracts (OCT 2016) 2018-ICLI-00035 751 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debannent (OCT 2015) D 52.209-9 Updates of Publicly Available Informat ion Regarding Responsibil ity Matters (JUL 201 3) D (Reserved] D 52.219-3 Notice of Total HUBZone Set-Aside (NaY 20 II) D D Alternate I (Na Y 2011) 52.2 19-4 Notice of Price Evaluation Preference for HUBZone Smal l Business Concerns (OCT 20 14) D Alternate I (JAN 20 II) D (Reserved] D 52.2 19-6 Notice of Total Small Business Set-Aside (NaY 20 II) D o Alternate I (NaY 2011) D Alternate II (Na Y 2011) 52.219-7 Notice of Partial Small Business Set-Aside (JU N 2003) D Alternate I (OCT 1995) D Alternate II (MAR 2004) C8J 52.219-8 Utilizat ion of Small Business Concerns (NaY 20 16) o 52.219-9 Smal l Business Subcontracting Plan (JAN 2017) 0 Alternate I (NaY 2016) 0 Alternate II (NaY 2016) 0 Alternate III (NaY 2016) 0 Alternate IY (NaY 2016) D 52.2 19- 13 Notice ofSel-Aside of Orders (Na Y 20 11) C8J 52.2 19- 14 Limitations on Subcontracting (JAN 2017) D 52.219- 16 Liquidatcd Damages - Subcontracting Plan (JAN 1999) D 52.2 19-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NaY 2011) C8J 52.219-28 Post A ward Small Business Program Rerepresentalion (JUL 2013) o 52.219-29 Notice ofSel-Aside for, or Sole Source Award 10, Econo mically Disadvantaged Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) 2018-ICLI -00035 752 D 52.219-30 Noticc ofSct-Asidc for, or Solc Sourcc Award to, Women-Owned Small Busincss Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) C8J 52.222-3 Convict Labor (JUN 2003) C8J 52.222- 19 Child Labor - Cooperation with Authorities and Remedies (OCT 2016) C8J 52.222-21 Prohibit ion of Segregated Facilit ies (APR 2015) C8J 52.222-26 Equal Opportunity (SEPT 2016) C8J 52.222-35 Equal Opportunity for Veterans (OCT 2015) C8J 52.222-36 Equal Opportunity for Workers with Di sabilit ies (JU L 201 4) C8J 52.222-37 Employment Reports on Veterans (FEB 2016) C8J 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 20 I0) D 52.222-50 Combating Trafficking in Pcrsons (MAR 2015) D Alternate 1 (MAR 20 15) C8J 52.222-54 Employment Eligibility Verificat ion (OCT 2015) D 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MA Y 2008) D Alternate I (MAY 2008) D 52.223- 11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) D 52.223- 12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Ai r Conditioners (JUN 20 16) D 52.223- 13 Acquisition of EPEAT®- Registered Imaging Equipment (JUNE 2014) D D Alternate I (OCT 2015) 52.223- 14 Acquisi tion of EPEAT®-Rcgistcred Televisions (JUNE 2014) D Alternate 1 (JUNE 2014) D 52.223- 15 Energy Efficiency in Energy-Consuming Products (DEC 2007) D 52.223- 16 Acquisition of EPEAT®- Registered Personal Computer Products (OCT 2015) D Alternate I (JUNE 2014) C8J 52.223- 18 Encouraging Contractor Policies to Ban Tcxt Mcssaging While Driving (AUG 20 11) D 52.223-20 Aerosols (J UN 2016) D 52.223-21 Foams (JUN 20 16) 2018-ICLI-00035 753 52.224-3 Pri vacy Training (JAN 2017) D Alternate I (JAN 2017) D 52.225- 1 Buy American - Suppl ies (MAY 20 14) o 52.225-3 Buy American - Free Trade Agreements-Israel i Trade Act (MAY 2014) D Alternate I (MA Y 2014) D Alternate II (MAY 2014) o Alternate JJJ (MAY 2014) [ZJ 52.225-5 Trade Agreements (OCT 2016) [ZJ 52.225- 13 Restrictions on Certain Foreign Purchases (JUN 2008) o 52.225-26 Contractors Perfonning Pri vate Securi ty Functions Outside the United States (OCT D 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) D 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) D 52.232-29 Tenns for Financing ofrurchases of Commercial Items (FE B 2002) D 52.232-30 Installment Payments for Commercial1tems (JAN 2017) [ZJ 52.232-33 Payment by Electronic Funds Transfcr-System for Award Management (J UL 2013) D 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 20 13) o 52.232-36 Paymcnt by Third Party (MA Y 20 14) D 52.239- 1 Privacy or Security Safeguards (AUG 1996) D 52.242-5 Payments to Small Business Subcontractors (JAN 201 7) D 52.247-64 Preference for Private ly Owned U.S.-Flag Commercial Vessels (FE B 2006) D 2016) Alternate I (AP R 2003) (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 thi s contract by reference to impl ement provisions of law o r Executive orders app licable to acquisitions of commercial items: D 52.222- 17 Nondisplacement of Qualified Workers (MAY 2014) D 52.222-4 1 Service Contract Labor Standards (MAY 201 4) D 52.222-42 Statement of Equivalent Rates for Federal Hires (MA Y 201 4) D 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (MUltiple Year and Option Contracts) (MA Y 201 4) 2018-ICLI-00035 754 D 52.222-44 Fair Labor Standards Act and Scrvice Contract Act- Pricc Adjustment (MA Y 20 14) D 52.222-5 1 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Maintcnance, Calibration, or Rcpair of Certain Equipmcnt- Rcquircments (MAY 2014) D 52.222-53 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) D 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) [ZJ 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) D 52.226-6 Promoting Exccss Food Donation to Nonprofit Organizations (MAY 2014) D 52.237- 11 Accepti ng and Di spensing of$l Coi n (SEPT 2008) (d) Compfroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if thi s contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and docs 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 evidencc for examination, audit, or reproduction, unti 13 years after fi nal payment under th is contract or for any shortcr pcriod spccified in FAR Subpart 4.7, Contractor Records Rctcntion, of thc othcr clauscs of this contract. If this contract is completely or partially tenninated, the records relating to the work terminated shall be made avai lable for 3 years after any resulting fina l termination settlement. Records relating to appeals under the disputes clausc or to litigation or the settlement of claims arising under or relating to this contract shall be made available unt il such appeals, litigation, or claims arc finally rcsolvcd. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and rcgardless of form. This does not rcquire the Contractor to create or maintain any record that thc Contractor docs not maintain in the ordinary coursc ofbusincss or pursuant to a provision of law. (e)( l) 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 commcrcial items. Unless otherwise indicated bclow, thc cxtcnt of the flow down shall bc as rcquircd by the clause52.203- 13, Contractor Code of Business Ethics and Conduct (Oct 20 15) (41 U.S.c. 3509). (ii) 52.203-19, Prohibition on Requiring Ccrtain lntcrnal Confidcntial ity Agrecments or Statements (Jan 2017) (section 743 of Di vision E, Tit le VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235) and its successor provisions in subsequent appropriations acts (and as extendcd in continuing resolutions». (iii) 52.219-8, Utilization of Small Business Conccrns (Nov 20 16) (15 U.S.c. 637(d)(2) and (3», in all subcontracts that oITer furthe r subcontracting opportunities. If the subcontract (except subcontracts to small business (i) 2018-ICLI-00035 755 concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222·17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) ofF AR clause 52.222-17. (v) 52.222·21 , Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222·26, Equal Opportuni ty (Sept 2016) (E.O. 11246). (vii) 52.222·35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.c. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Di sabilities (JuI 2014) (29 U.S.c. 793). (ix) 52.222·37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222·41, Service Contract Labor Standards (May 2014) (41 U.S.c. chapter 67). (xii) _XJA) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.c. chapter 78 and E.O 13627). ~(B) Alternate I (Mar 2015) of52.222-50 (22 U.S.c. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Scrvice Contract Labor Standards to Contracts fo r Maintenance, Calibration, or Repair ofCeTiain Equipment-Requirements (May 20 14) (41 U.S.C. chapter 67). (xiv) 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). (xv) 52.222-54, Employment Eligibility Vcrification (Oct 2015). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 20 15). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13 706 (JAN 20 17) (E.O. 13706). (xx) (A) 52.224-3 , Privacy Training (JAN 2017) (5U.S.C. 552a). (B) Alternate I (JAN 2017) of52.224-3. (xxi) 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). (xx ii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 20 14) (42 U.S.c. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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 52.24764. (2) Whi le not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. FAR 52.217-8 OPTION TO EXTEN D SERVICES The Government may require continued performance of any services wi thin 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 ofperformance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. (End of clause) 2018-ICLI-00035 756 FAR 52.217-9 OPTION TO E XTEN D TH E TERM OF THE CO NTRACT (a) The Government may extend the term of this contract by wrinen notice to the Contractor within 15 days ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) FAR 52.252-2 C LA USES I.NCORPORATED BY REFERE NCE (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 fu ll text available. Also, the full text of a c lause may be accessed electronically at this address: https:l/www.acgui sition.gov/FARI. FAR 52.232-39 UNENI-' ORCEABIUTY OF UNAUTHOR IZED OBUGATIO NS (JUNE 2013) This clause is incorporated by reference. The full text of the clause is available at: hUps://www.acquisition.govIFARI. 52.232-40 PROVIDING AC CE LERATED PAYMENTS TO SMALL. BUSINESS FAR SUBCONTRACTORS (DEC 2013) This clause is incorporated by reference. The full text of the clause is available at: hnps://www.acquisition.govIFARI. FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVE RTED DOMESTIC CORPORATIONS (NOV 2015) (a) Definitions. As used in this clause" Inverled domestic corporation" means a fo reign incorporated entity that meets the definit ion of an inverted domestic corporation under 6 U.S.C. 395(b), appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned(I) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorgan izes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period ofperfonnance of th is contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fai ls to perform in accordance with the terms and condi tions of the contract as a result of Government action under th is clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes e ither an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer wi thin five business days from the date of the inversion event. FAR 52.237-2 PROTECTION O F GOVERNM ENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984) 2018-ICLI-00035 757 The Contractor shall use reasonable care to avoid damaging existing bui ldings, equipment, and vegetation on the Government installation. If the Contractor's fa ilure 10 use reasonable care causes damage 10 any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. HSAR 3052.209-70 2006) PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause : Expanded Affiliated Croup means an affil iated group as defined in section I 504(a) of the Internal Revenue Code of 1986 (without regard 10 section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substitut ing 'more than 50 percent' fo r 'at least 80 percent' each place it appears. Foreign Incorporated Emily means any ent ity which is, or but fo r subsection (b) of section 835 of tile Homeland Security Act, 6 V.S.c. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Illverted Domestic C0/"fJOratioll. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related Iransact ions)- (I) The entity completes the direct or indi rect acquisition of substantially all of the properties held directly or indi rectly by a domestic corporation or substantia lly all of the properties constiluting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the enti ty is held(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of hold ing stock in the domestic corporalion; or (ii) [n the case of an acquisition with respect to a domestic partnership, by former partners of the domest ic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantia l business activities in the fore ign country in which or under the law of whic h the entity is created or organized when compared to the total business activities of such expanded affi liated group. 2018-ICLI-00035 758 Persoll. domestic. alldforeig" have the meanings given such terms by paragraphs (I), (4), and (5) of section 7701 (a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a fore ign incorporated entity should be treated as an inverted domest ic corporat ion. (I) Certain stock disregarded. For the purpose of treating a forcign incorporated entity as an inverted domestic corporat ion these shall not be taken into account in detennining ownership: (i) Stock held by members of the expanded affiliated group which includes the fore ign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(l) of the Homeland Security Act, 6 USc. 395(b)(\). (2) Plan (Ieemed in certai" cases. lfa foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year pcriod beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) arc met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregartled. The transfer of properties or liabilities (including by contribution or distribution) shall bc disregardcd if such transfers arc part ofa plan a principal purposc of which is to avoid the purposes of this scction. (d) Special rulefol' related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 USc. 395(b) to thc acquisition of a domestic partnership, except as provided in regulations, all domestic partncrships which arc under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partncrship. (e) Treatment of Certain Rights. (I) Certain rights shall be treated as stocks to the extent necessary to refl ect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (ii i) contracts to acquire stock; (iv) convert ible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Sec lion 835. (I) Disclosure. The offeror under this solicitation represents that [Check one]: 2018-ICLI-00035 759 _ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009 .108-7004, which has not been denied; or _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009 .108-7004 . (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied fo r, shall be attached to the bid or proposal. (End of clause) HSAR 3052.212-70 CONTRACT T ERMS AND CON DITIONS APPLICABLE TO DHS ACQUISITION Of COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply wi th any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the appl icable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. ...x.. 3052.219-72 Evaluation of Primc Contractor Participation in the DH S Mcntor Protege Program. (b) Clauses . ...x..3052.203-70 Instructions for Contractor Di sclosure of Violations . ...x.. 3052.204-71 Contractor Employee Access. Alternate I --L Alternate II ...x.. 3052.205-70 Advertiscment, Publ icizing Awards, and Rcleases . ...x.. 3052.219-70 Small Business Subcontracting Plan Reporting . ...x.. 3052.219-7 1 DHS Mentor Protege Program. l. HSAR Clause 3052.204-7 1 Contractor emp loyee access (SEP 2012), and Alternate I Safeguarding of Sensitive Information (MAR 2015) Sections (a) - (d) Information Technology Security and Privacy Tmining (MAR 2015) II. lOP Privacy and Records Provisions PRI V 1.2: Reporting Suspected Loss ofSensitivc PH PRI V 1.3: Victim Remediation Provision 2018-ICLI-00035 760 REC REC REC REC REC REC 1.2: 1.3: 1.4: 1.5: 1.6: 1.7: Deli verables are the Property of the U.S. Government Contractor Shall Not Create or Maintain Unautho rized -iRecords Agency Owns Rights to Electronic Information Comply with All Records Management Policies-i No Disposi tion of Documents w ithout Prior Wri tten Consent-i Contractor Must Obtain Approval Prior to Engaging Subcontractors PRIV 1.2: Repo r ting Suspected Loss of Sensitive PII: Contractors must report the suspected loss or compromise ofScnsitive PII to ICE in a timely man ner and cooperate with ICE 's inquiry into the incidcnt and efforts to remcdiate any harm to potential victims. I. The Contractor must develop and include in its security plan (whic h is submittcd to ICE) an intcrnal system by whic h its employees and sub-Contractors are trained to identify and report potential loss or compromise of Sensitive PI!. 2. Contractor must rcpo rt the suspectcd loss or compromisc of Sensitive PH by its employees or sub-Contractors to the ICE Security Operations Center (480-496-6627), the Contracting Officer's Representat ive (CO R), and the Contracting Officer within one (I) hour of the init ial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensiti ve PH by its employees or sub-Contractors. The report must contain the following information: a. Narrative, detailed desc ri ption of the events surrounding the suspected loss/compromise. b. Date, time, and location of the incident. c . Type of informa tion lost or compromised. d. Contractor's assessment of the likelihood that the information was compromiscd or lost and the reasons behind the assessment. e. Names ofperson(s) involved, including victim, Contractor employee/sub-Contractor and any witnesses. f. Cause of the incident and whether the company's security plan was followed or not, and which specific provisions were not fo llowed. g. Actions thai have been or will be taken to minim ize damage and/or m itigate further compromise. h. Recommendations 10 prevenl similar situations in the futu re, including whether the security plan needs to be modified in any way and whether additional training may be required. 4. The Contractor must cooperate with ICE or other government age ncy inquiries into the suspected loss or compromise of Sensitive PI!. 5. At the government's discretion, Contractor employees or sub-Contractor employees may be identified as no longer eligible to access Sensitive PII or to work on that contract based on their actions related to the loss or compromisc of Sensitive PI!. (End of clause) PRIV 1.3: Victim Remcdiation Provision: The Contractor is responsible for notification of victims in the evenl of a loss or compromise of Sensiti ve PII, if any, held by the Contractor, its agents, and Subcontractors, under this contract. The Contractor and ICE wi ll collaborate and agree on the method and content of any notification that may be required to be sent to individuals whose Sensitive PH was lost or compromised. (End of clause) REC 1.2: Dclivcrablcs arc thc Propcrty ofthc U.S. Govcrnmcnt: The Contractor shall treat all deliverables under the contract as the property of the U.S. Government fo r wh ich the Agency shall have unl imited rights to use, dispose of, or disclose such data contained therein. The Contractor shall not retain, usc, sell, or disseminate copies of any del iverable without the expressed pennission of the Contracting Officer or Contracting Officer's Representative. The Contractor shall certify in writing the destruction or return of all Government da ta at the conclusion of the contract or at a time otherwise specified in the contract. The Agency owns the rights to all data/reco rds produced as part of thi s contract. 2018-ICLI-00035 761 (End of clause) REC 1.3: Contractor Shall Not Create or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or mai ntain any records contai ning any Government Agency data that are not specifically tied to or authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Electronic Information : The Government Agency owns the rights to the query data it inputs into the LEARN database (e.g. Audit Logs, Searches, Hotli st, etc.) Notwithstanding the above, no title to Vigilant 's LEA RN database or software wi ll transfer to ICE in the performance of the contract. (End of clause) REC 1.5: Comply with All Records Management Policies: The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records 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. (End of clause) REC 1.6: No Disposition of Documents without Prior Written Consent: No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing thc alienation or una uthorized destruction ofrccords, including all forms of mutilation. Will fu l and unlawful destruction, damage or alienation ofFedcra l records is subject to the fi nes and pcnalties imposed by 18 USc. 270 1. Records may not be removcd from the legal custody of the Agency or destroyed witho ut rcgard to thc provisions of the Agency records schedules. (End of clause) REC 1.7: Contractor Must Obtain Approval Prior to Engaging Subcontractors: The Contractor is required to obtain the Contract ing Officer's approval prior 10 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 info rmation. (End of clause) ICE Information Governance and Pr ivacy Requirements Clause (JUL 2017) A. Limiting Access to Privacy Act and Other Sensitive Information (1) P/'ivacy Ac( lnJol'malion In accordance with FA R 52.224-1 Privacy Act Notification (APR 1984), and FA R 52.224-2 Privacy Act (A PR 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 DHS system of records notices (SORNs) app licable to this Privacy Act information may be found at www.dhs.gov/privacy. Applicable SORNS of other agenc ies may be accessed through the agencies' websites or by searching FDsys, the Federal Digital System, available at hup:llwww.gpo.gov/fdsys/. SORNs may be updated at any time. (2) P/,ohibition 011 Performing Work Outside a Government FacifitylNetworklEquipmelll The Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or Workplace as a Service (WaaS) if WaaS is authorized by the statement of work Government informa tion shall remain within the confines of authorized Government networks at all times. Except where telework is specifical ly authorized with in this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibi ted from performi ng these tasks at or removi ng Government-furnished informatio n to any other faci lity; and Government information shal l remain withi n the confi nes of authorized Government fac il ities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facil ities regardless oftelework authorizations. 2018-ICLI-00035 762 (3) Prior Approval Required to Hire Subcontractors The Contractor is required to obtain the Contract ing 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 sensi tive and proprietary information. (4) Separation Checklist/or COllfractor Employees Contractor shall complete a separation checklist before any employee or Subcontractor employee terminates working on the contract. The separation checklist must verify; (I) return of any Government-furnished equipment; (2) return or proper disposal of sensiti ve personally identifiable information (PI I), in paper or electronic fornI, 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 sensitive PI!. In the event of adverse job actions resulting in the dismissal of an emp loyee or Subcontractor employee, the Contractor shall notify the Contracti ng Officer's Representati ve (CO R) within 24 hours. For nomlal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shal l assist the ICE Point of Contact (lCEIPOC), Contracting Officer, or COR with comp leti ng ICE Form 50-005/Contractor Employee Separation Clearance Chec klist by return ing all Governmentfurn ished property including but not limited to computer equipment, media, credentials and passports, smart cards, mobi le devices, PI V cards, calling cards, and keys and terminating access to all user accounts and systems. B. Resen'ed - Deleted in accordance witll clause prescription C. Government Records Training, Ownership, and Management (I) Records Management Trainil1g and Compliance (a) The Contractor shal l provide DH S basic records management training fo r all emp loyees and Subcontractors that have access to sensitive PI I as well as to those involved in the creation, use, dissemination and/or destruction of sensitive PlI . This training wi ll be provided at the outset of the Subcontractor' s/employee 's work on the contract and every year thereafter. This training can be obtained via links on the ICE intranet site or it may be made available through other means (e.g., CD or online). The Contractor shall maintain copies of certificates as a record of compliance and must submit an e-mai l notification annually to the Contracting Officer's Representative verifying that all employees working under this contract have completed the required records managemcnt training. (b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974 . These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (2) Records Creafioll. Ownership. alld Dispositioll (a) The Contractor sha ll 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 data. The Contractor shall certify in writing the destruction or return of all Government data at the conclusion of the contract or at a time otherwise specified in the contract. (b) Except as stated in the Pcrfonnance Work Statcment and, where applicable, the Contractor's Commercial Liccnse Agrecment, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databascs) and all supporting documentation and associated metadata created as part of this contract. All dclivcrab1cs (i neluding all data and records) under the contract arc the property of the U.S. Govcrnment and are considcred fcderal records, for which the Agency shall have unlimited rights to usc, disposc of, or disclose such data contained therein. Thc Contractor must deliver sufficient technical documentation with all data del iverables to permit the agency to use the data. 2018-ICLI-00035 763 (c) The Contractor shall not retain, use, sell, disseminate, or dispose of any government data/records or deliverables without the express written permission of the Contracting Officer or Contracting Officer's Representat ive. The Agency and its contractors are responsible fo r prevent ing the alienat ion 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. § 270 I. Records may not be removed from the legal custody of the Agency or destroyed wi thout regard to the provisions of the Agency records schedules. D. Data Pri"acy and Oversight (I) Restrictions on Testing or Training Using Real Data Containing PII The use of real data containing sensitive Pll from any source for testing ortraining purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for testing or traini ng whenever feasible. ICE policy requires that any proposal to usc of real data or dc-identified data for IT system testing or training be approved by the ICE Privacy Officer and Chief Information Security Officer (CISO) in advance. In the event performance of the contract requires or necessitates the usc of real data for system-testing or training purposes, the Contractor in coordination with the Contracting Officer or Contracting Officer's Representative and Government program manager shall obtain approval from the ICE Pri vacy Office and ClSO and complete any required documentation. (2) Resen 'ed - Deleted ill accordallce with dause prescription (3) Reqlliremelllto Support Privacy Compliance (a) The Contractor shall support the completion of the Privacy Threshold Analysis (PTA) document when it is required. PT As are triggered by the creation, modification, upgrade, or disposition of an IT system, and must be renewed at least every three years. Upon review of the PTA, the DHS Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modificat ions thereto, are required. The Contractor shall provide adequate support to complete the PIA in a timely manner, and shall ensure that project management plans and schedu les include the PTA, PIA, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DHS, incl udi ng PT As, PIAs, and SORNs, is located on the DH S Privacy Office website (www.dhs.gov/privacy)under"Compliance." DH S Privacy Pol icy Guidance Memorandum 2008-02 sets fort h when a PIA will be required at DHS, and the Privacy Impact Assessment Guidance and Template outline the requirements and format for the PIA . (b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy documentation, the Contractor shall assign or procurc a Pri vacy Lead, to bc listed undcr " Kcy Personnel." The Privacy Lead shall be responsible for providing adequate support to DHS to cnsure DH S can complete any rcquircd PTA, PIA, SORN, or other supporting documcntation to support pri vacy compliance. Thc Pri vacy Lead shall work with pcrsonnel from the program office, the ICE Privacy Officc, the Office of the Chief Information Officcr, and the Records Managcmcnt Branch to ensure that the pri vacy documcntation is kept on schcdule, that the answers to questions in the PIA arc thorough and complete, and that questions asked by the ICE Pri vacy Office and other offices are answered in a timely fashion. The Privacy Lead: • • • • • Must have excellent writing ski lls, the abil ity to explain technology clearly for a nontechnical audience, and the ability to synthesize information from a variety of sources. Must have excellent verbal communication and organizational skills. Must have experience writing PIAs. Ideally the candidate would have experience writi ng PIAs fo r DHS. Must be knowledgeable about the Privacy Act of 1974 and the E-Government Act of 2002. Must be able to work well with others. (c) Ifa Privacy Lead is already in place with the program office and the contract involves IT system builds or substantial changes that may require privacy documentation, the requirement for a separate Private Lead specifically assigned under this contract may be waived provided the Contractor agrees to have the exist ing Privacy Lead coordinate with and support the ICE Pri vacy POC to ensure privacy 2018-ICLI-00035 764 concerns are proactively reviewed and so ICE can complete any required PTA, PIA, SORN, or other supporting documentat ion to support privacy compliance ifrequired. The Contractor shall work wi th personnel from the program office, the ICE Office ofInformation Governance and Privacy, and the Office of the Chief Information Officer to ensure that the privacy documentation is kept on schedule, that the answers to questions in any privacy documents are thorough and complete, that all records management requirements are met, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fash ion. (End of Clause) 2018-ICLI-00035 765 Attachment 5: Price Item Description Quantity Unit of Issue Estimated Unit Estimated Fixed Price Per Cost Line Item CLiN 0001 Access to license Plate System (All ICE Users), Base Vear - POP: 12/21/2017 01/31/2018 b}(4) 1.4 • 12 MO 12 MO 8 MO CLiN 0002 Access to license Plate System (All ICE Users), Option Vear 1- 02/01/201801/31/2019 CLiN 0003 Access to license Plate System (All ICE Users), Option Vear 2 - 02/01/2019 01/31/2020 CliN 0004 Access to license Plate System (All ICE Users), Option Vear 3 - POP: 02/01/202009/30/2020 Total Additional Pricing Explanation: ·Contract start date wil l be 12/21/2017; however, West billing is systematically 2018-ICLI -00035 766 Thomson Reuters Response to RFQ 70CDCR 18QOOOOOOOS License Plate Reader Commercial Data Service via Vigilant's LEARN Platform Technical Response - Revision 2 SUBMITTED TO U.S. Department of Homeland Security Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) SUBMITTED TO: [ b)(6);(b}(7)(c) SUBMITTAL DATE: December 22, 2017 SUBMITTED BY Thomson Reuters (West Publishing Corporation) "Fb", )(6",);("b)OC , (7X"C ,,,-)_---'I CF APMP Kb)(6);(b)(7}(C) Senior Proposal Coordinator Client Relationship Manager E-mail : {~:B~)j Phone: 443-622-Kb)(6);q E-mail : ~b)(6); (b)(7}(C) r b )(6);(b)(7}(C) THOMSON ':::,:; ;- REUTERS~ Source Selection Sensitive This document includes proprietary information that shall not be duplicated, used, or disclosed outside of DHS ICE-in whole or in pa rtfor any purpose ot her than evaluating this proposal. This information is deemed proprietary because it contains pricing and confident ia l corpo rate information that is of critical value to Thomson Reuters and our partners in a highly competitive market. 2018-ICLI-00035 767 Contents INTRODUCTION ...................................................................................................... 1 SECTION I - TECHNICAL APPROACH ................................................................ 2 C.4 RESPONSES TO PERFORMANCE REQUIREMENTS ............................................. 2 Data Serv ice Content/Scope ........................................................................................................... 2 User Managelnent and Support. ...................................................................................................... 5 Functional Requ irements ................................................................................................................ 7 Query Capabili ties .................................................................................................................................... 7 Alert List Capabilities ............................................................................................................................ 10 Mobile Device Capabilities .................................................................................................................... 12 Audit and Reporting Capabiliti es ........................................................................................................... 13 C.S C.6 C.7 C.S IS NOT IDENTIFIEDIINCLUDED IN THE STATEMENT OF WORK .................... 16 PROMOTION OF THE CONTRACT ........................................................................ 17 NEWS RELEASES ...................................................................................................... 17 LICENSE TyPE .......................................................................................................... 17 SECTION II - PAST PERFORMANCE ................................................................. 18 it '.:~·~·: ','::' ., .~. Page i THOMSON REUTERS Thomson Reuters Response to DHS ICE December 2017 2018-ICLI-00035 768 Introduction Thomson Reuters has a long history of co mmi tment to meeting the in formational needs of the Department of Homeland Security (DHS), incl uding Immi gration and Customs Enforcement (ICE), and we seek to maintain and expand that relationship in responding to the current Request for Quote for access to a License Plate Reader database. Through the combinati on of comprehensive and reliable data, technology. and ex perti se in how public records and related in formation can benefi t government objecti ves, Thomson Reuters, with our partner, Vigi lant Soluti ons, is uniquely positi oned to help ICE meet your agency's di verse chall enges with our subscription services. Based on conversations with ICE personnel about the specific in vesti gati ve needs of ICE, Thomson Reuters can provide access to li cense pl ate reader data via a hyperlink to the LEARN pl atform through the CLEAR pl atform . Providing access to the data through CLEAR provides reassurance to rCE, by virtue of ex isting agreed-upon terms and auditing requirements, per agency mandate. This offer also prov ides access to LPR through Vigilant's LEARN platfoml , which is maintained and supported by Vigi lant. The Thomson Reuters CLEAR team has been success full y supporting DHS' s investi gati ve research needs and initi ati ves since the agency's incepti on. We are proud to support the DHS and look fo rward to continu ing our long-stand ing partnership. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-I CLI-00035 769 Pa ge 1 December 2017 C.4 Responses to Performance Requirements In thi s section of our response, we respond directly to the Perfonnance Requirements in the Statement of Work of th e RFQ. Th e information presented here is considered proprietary and confidential. DATA SERVICE CONTENT/SCOPE We propose access to License Plate Reader (LPR) data via hyperlink from Thomson Reuters CLEAR to Vigilant Solutions' (Vigilant's) LEARN platform. Requirement: The LPR data serv ice shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossess ion companies, and law enforcement agencies. Response: The offered LPR data is collected from various toll roads, parking lot/garages, repossess ion vehicles and law enforcement agencies nationwide. Requirement: The LPR data service shall include substantial unique LPR detection records. Response: Vigilant's database currentl y has hundreds of millions of unique detection records from commercial sources. Bes ides LPR records from commercial sources such as parking garages, tolls and asset recovery vehicles Vigilant also has a large network of local and state law enforcement agencies (LEAs) across the country. Thi s network of LEAs has the ability to share their LPR records with ICE regardless of their LPR hardware provider. All LEA detection records are the intell ectual propert y of the LEA and all retention times and permiss ions on these records are set by those agencies. Vigilant only hosts and maintains those records. Requirement: The LPR data service shall compile LPR records from at least 25 states and 24 of the top thirty (30) most populous metropolitan stati stical areas within the United States to the extent that coll ection of LPR data is authorized by law in those locations. A metropolitan statisti ca l area is defined as: a geographical region with a relatively hi gh population density at its core and close economic ties throu ghout the area as defined by the Office of Management and Budget (OMB) and used by the Census Bureau and other federal govern ment agencies for stati stical purposes. Response: Forty-seven (47) states, the District of Columbia, and Puerto Rico have commercial LPR scan records. (Hawaii , Maine, and Vermont do not. ) A li st of the most populous 50 metropolitan areas in the US with commercial LPR data is provided below and exceeds the minimum requirement by DHS. Additional locations can be provided upon request. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 770 Pa ge 2 December 2017 ~ 2 3 4 5 6 7 8 9 ~ I " sA, D"I ,W"rll ,- <, ,.1 I M; I,FL ,n II -T, R"I\ ; [) :A ,A ' , Mr Kc , ' VA_Nr IrA ,TX k-J A, 99% uptime. With the except ion of scheduled outages, LEARN Hosted LPR Services will be accessible 2417/365 . We agree that downtime shall not eclipse (4) hours in any given month, with the exception of major upgrades or system mi gration s. We agree that the mean time between fai lures (MTBF) will not exceed a mean of 4,000 hours between fai lures. Vigil ant 's average LPR Query Response Time for a Single exact Plate is reliably fa st; however, we cannot guarantee United Stat.. Deplrtment Of Homllind S.r;I,Irlly ImmigratIon And Customs Enforcemlnt Page FORM G-S14 (REV. 1,,·5 2018-ICLI-00035 792 3 01 3 ICE Office of Acquisition Management Privacy and Information Security Procurement Review Exempt Categories Checklist ICE Information Governance and Privacy (lGP) and ICE Information Assurance Division (lAD) have determined that the nature of the procurement categories listed below do not represent a specific privacy and/or security risk ond thus do not require review by IGP or lAD, Instruction s If your procurement fits into an e~emption, include this completed page in your acquisition package, No further IGP/IAO submissions are required. If your procurement does NOT fit into an exemption, you must complete the Privacv and Information Security Checklist, CONTACT INFORMATION Procurement POC: Phone: kb)(6);(b)(7}(C) I Program POC: (202) 732..fbE6Il f Email: b }(6);(b}(7)(C) First and Last Name Phone: Click here to enter text. Email: Click here to enter text. Class A: Admin o Administrative modifications (e.g., add funding, change address, appoint new COR, change the POC, change or extend Periods of Performance or delivery date, etc.) This exemption only applies if you check the box above AND the SOW/PWS was previously reviewed by the ICE Privacy Office after May 201S . o De-obligation of funds D Non IT equipment (e.g., uniforms, furniture, paper, filing cabinets, safes, etc.) I:8J IT hardware (e.g., on-site servers, laptops/desktops for general office use, cell phones, SIM cards, radios, etc.) D Multi-function devices (e.g., fax, copy machine, scanner, printer, etc.) D Forensic Software and Hardware (tools used to image, unlock, retrieve or analyze data from mobile devices and computer workstations for the purposes of collecting and analyzing forensic evidence) . In addition : • there is not a corresponding SOW/PWS for the purchase, • the vendor will not have t he ability to view any personally identifiable information (PII) associated with the use of the technology/service, and • the purpose for the software/hardware aligns with current and exist ing uses of the technology. Class B: Goods Cla ss C: Service s D Multi-function device maintenance D Building maintenance (e.g., antennas, HVAC, etc.) D Firing range services D Parking D Conference space D Training when no employee information or other PII is provided to the vendor D Bandwidth or network connectivity If your procurement fits into an exemption, complete and print this page and include it in your Acquisition Package. You do not need to submit any documents for Privacy or Information Assurance Division (lAD) review. If your procurement does NOT fit into an exemption category, you must complete the Privacy and Information Security Checklist, The Checklist and the response from Privacy and lAD must be included in your acquisition package. 2018-ICLI -00035 793 DEPARTMENT OF HOMELAND SECURITY U.S. Immigration and Customs Enforcement NON-STANDARD REQUEST FORM The purpose of the ICE OCIO Customer Support Branch (CSB) Non-Standard Request Form is to enable ICE employees to request non-standard equipment for purchase. Instructions on how to complele each item are listed al the end of the document. PRODUCT INFORMATION I I H5I FAAM AMU LPR wi LPR Database REQUESTED N/A 1 HSI Requirement for License Pla t e Reader (L PR) Da t abase wi t h Thomson Reuters Special Services , LLC (TRSS . The LPR will be provided via t he curren t TRSS CLEAR P lat f orm. Wi ll no t touch ICE Network . • WILL THE UNKNOWN HAVE THE Maintaine d TRSS THE UNKNOWN 14. D THE YES (I BM) REVIEWED [BJ NO CHECK I BM HERE IF YES, SPECIFY BELOW WHY THE IBM PRODUCT DOES NOT MEET THE NEEDS OF THIS ReQUEST Only one vendor ava ilable - TRSS FOR THIS • PLEASE INCLUDE THE NAME OF THE PROJECT Database more benef i c ial 19. WEAKNESSES OF PROPOSED ITEMS? None . 20. NAME (If applicable) i i ., 2018-ICLI-00035 794 SLM PHASE PRODUCT LICENSING INFORMATION 22. ARE YOU REQUESTING HARDWARE (Server, Desk.top. Laptop) OR SOFTWARE? D [8J HARDWARE (Go to 23) SOFTWARE (Go to 24) 23. IS THIS A REPLACEMENT OF EXISTING HARDWARE? D IRI YES (Once the software on the old equipment has been removed , transfer the license to the new equipment) (Go to 25) NO (A license must be purchased, upload and include copy of the license Purchase Order) (Go to 26) 24. IS THIS AN UPGRADE OR NEW PURCHASE? D [8J UPGRADE (Go to 25) NEW PURCHASE (Go to 26) 25. IS ONE OF THESE OPTIONS TRUE? (A) IS THERE A MAINTENANCE CONTRACT IN PLACE? IB] YES (Go to 26) (B) THE LICENSE UPGRADE HAS ALREADY BEEN PURCHASED FOR THIS ITEM) IRI D D NO (STOP: contact lCE.Licensing@icedhs.gov tofind oul what to do next. ) YES (Upload and include a copy of the maintenance contract or license Purchase Order) NO (A license must be purchased. upload and include copy of the license Purchase Order) 26. IF THIS IS A NEW PURCHASE A LICENSE MUST BE PURCHASED. PLEASE UPLOAD AND INCLUDE A COPY OF THE LICENSE PURCHASE ORDER (Go to 28) 27. HOW IS THE LICENSE BEING DEPLOYED? D IRI DESKTOP (Go to 29) LAPTOP (Go to 29) 28A. LIST THE SERVER NAME (If known) TRee I D SERVER (Go to 28) 28B. LIST THE SERVER LOCATION (Whether or not the name is known: please list the fu ll physical street address) Vendor 29A. POINT OF CONTACT NAME \ 29B . POINT OF CONTACT PHONE NUMBER Not Requ i red - Vendor [ 29C. POINT OF CONTACT E-MAIL N/A - Vendor Ma i nta i n 0 SECURITY INFORMATION 30A. TRUSTED AGENT FISMA (TAF) ID ANDIOR INFORMATION SYSTEMS NAME I n/a 30B. FISMA RATING n/a 31. NAME OF YOUR INFORMATION SYSTEM SECURITY OFFICER (ISSO) n/a 32. WILL THE PRODUCT INVOLVE THE USE OF PI! OR OTHER SENSITIVE INFORMATION? D YES - USE OF PI! D IRI YES- USE OF OTHER SENSITIVE INFORMATION NIA 33. WILL THIS PRODUCT FUNCTION IN A CLOUD ENVIRONMENT? D YES IRI NO NETWORK CONNECTIVITY INFORMATION 34A. TYPE OF NETWORK CONNECTIVITY D ICE NETWORK IRI [34B . IS NETWORK STORAGE REQUIRED? NON - ICE NETWORK DYES IRI NO D UNKNOWN 35. WEB ADDRESS (URL) FOR ADDITIONAL ANDI OR RELEVANT PRODUCT INFORMATION ANY ADDITIONAL INFORMATION Mos t o f these questions do no t apply fo r se r vices requested . Enforcement Sys t em that does no t touch any IC E Ne t wor ks . I Add Attachments I Th i s is a vendo r Law REQUESTOR INFORMATION (The Requestor must be an ICE employee) REQUESTOR'S NAME AND TITLE ~b}(6l:(b}(7)(C} I I E-MAIL ADDRESS ~b}(6l:(b}(71(C} I [ TELEPHONE NUMBER 202 732 W b}(6 ti PROJECT MANAGER/OFFICER IN CHARGE ~b}(6l:(b}(7}(C} I TECHNICAL POINT OF CONTACT (POC) POC NAME AND TITLE Kb}(6}:(b)(7)(C} I I POC TELEPHONE NUMBER 202 732-~ POC E-MAIL ADDRESS b)(6);(b}(7)(C) Submit Form ICE Form 13-015 (5/16) Page 2 of 4 2018-ICLI -00035 795 INSTRUCTIONS ON HOW TO COMPLETE THE NON-STANDARD REQUEST FORM 1. Date Submitted Provide the date the request is submitted . 2. Provide the following program related information: Program, Division, Branch, and Project. Program/DivisionfBranch/Project 3. Title Provide the title by which this request is referred (Example: Oracle 10g for ICE). 4. Product name, version/model number, and lotal number of products requested Include the product or standard name and the version/model number (Example : Mercury Software Test Director 8.0). 5. Product vendor If the recommendation is for a proprietary product, identify the name of the vendor. 6. Product vendor List the date by which the equipment would most ideally be purchased. Provide a description explaining why this change is being proposed (Example: To avoid having to develop additional software compliant with the FBI's NCIC System, to facilitate the exchange of electronic documents, to provide capacity planning capability on the UNIX platforms , etc.). Briefly describe the background of the request and any specific requirements. 7. Justification for the request (Brief description of the reason for the request) 8. If the item is software , will the program be accessed by a mobile device? If the item is software, indicate whether the program be accessed by a mobile device. 9. How will the product be maintained? How will updates be applied? Please explain how the product will be maintained and how relevant updates will be applied. 10. Does the ICE Service Desk have the capability to provide ongoing support of the product? If not, who will be providing technical support? Please confirm if the ICE Service Desk is prepared to support the requested product. If the Service Desk is not able to support, who will be providing the required technical support? 11. How many years is this product expected to be used? What is the expected life-span of the product? How many years will it be used? 12. What is the exacllocalion this product will be used? Provide the physical address where the product will be used. If it is required for field work, please provide detailed information. 13. Willlhe Requestor be the only user of the product? (If no, how many others will be using the product?) Provide detailed information as to whom exactly will be using the product. If there are more users than just the Requestor, please provide that information. 14. Was the Technical Reference Model (TRM) reviewed for a comparable product? (Yes/No) 15. Was this product previously purchased? (Yes , No) 16. Is there an associated project? (If yes, please include the name of the project and its SLM phase) If you know of any individuals who will use this equipment in the next few years , please include that information. The TRM on Share Point must be checked for a comparable product prior to the submission of a Non-Standard Request. If there is not a comparable product, then proceed with submitting a Non-Standard Request. Was this product previously purchased by your Team or Program Office? If yes, please provide the IT approval request number that was approved for this purchase. Provide the name of the associated project that used this product (Example: SEVIS II , TECS MOD). Provide what SLM development phase the associated project is in, if applicable (Example: Requirements, Design). 17. Description of business use including details regarding mission requirements Provide a description of business use and how the equipment helps to fulfill mission requirements. 18. Strengths of proposed product compared to comparable items? Describe the major advantages of the product or process compared to other comparable products. Include compatibility benefits, vendor support, help desk support requirements, facilities operations support (FOS) requirements, trends and anticipated changes in technology, start-up and implementation times. Describe the major disadvantages of the product or process compared to other comparable software products, if any . 19. Weaknesses of proposed product compared to comparable items? Include compatibil ity issues; vendor support, help desk support requirements, FOS requirements , trends and anticipated changes in technology, start-up and implementation times. ICE Form 13-015 (5/16) Page 3 of 4 2018-ICLI -00035 796 20. Name of replaced or discontinued product that was listed on a previous version of the Approved Hardware List (AHL)? Give name of product replaced or upgraded. (End of LifefEnd of Sale information). 21. Test reports or attachments (identify contents of attachments if any) Provide all relevant information to facilitate this review. Attach electronic documents and submit them with the NonStandard Request. If the electronic documents are accessible through the Internet or ICEIICE Intranet, attach a list of the URL(s). Identify what type of request is being made. 22. Are you requesting hardware (Server, Desktop, Laptop) or software? 23. Is this a replacement of existing hardware? 24. Is this an upgrade or new purchase? 25. Is one of these options true? 26. If this is a new purchase a license must be purchased, please upload and include a copy of the license purchase order. 27. How is the license being deployed? 28. List the server name and its location Is the equipment you are requesting a replacement for current equipment? Is the requested item an upgrade or a new purchase? Identify if there is a maintenance contract in place and/or if a license upgrade has already been purchased for this item. Will the license be deployed on a desktop, laptop, or server? Please choose one. For your information. Choose which equipment is utilizing the license. What is the name of the server on which the license will be used? List the futl physical street address where the server is located including numerical street address, city, state , and zip code. 29. Point of contact name, phone number, and email. Please list the POC's name, phone number, and email address. The POC is the individual responsible or licensing maintenance. 30. Trusted Agent FISMA (TAF) ID and/or Information Systems name. Provide the current FISMA rating. Provide your Trusted Agent FISMA (TAF) ID and/or Information Systems Name. Contact your localiSSO for this information (contact your SysAdmin to identify your ISSO). 31. Name of your System Security Officer (ISSO) Provide the current FISMA rating. Provide the name and contact information for your Information System Security Officer (ISSO). 32. Will the product involve the use of PII or other sensitive information? Provide information as to whether or not Pll or other sensitive information will be used. 33. Will this product function in a Cloud environment? (Yes or No) 34 . Type of network connectivity Indicate whether or not the requested product will function in a Cloud environment. 35. Web Address (URL) for additional and/or relevant information Will this product require ICE Network connectivity, Non-ICE connectivity, or no connectivity with any network? Indicate whether network storage will be required. Provide the Internet address(es) where supplemental information related to this product or process can be found. NON-STANDARD REQUEST PROCESS t if assistance (Please send any questions tol(b)(6):(bX7)(C) is needed) Submitting a Non-Standard Request Only ICE employees may submit Non-Standard Request forms. All Non-Standard Request forms must be fully complete. Incomplete forms will be returned to the requestor for completion. All Non-Standard Request forms must be submitted to the I. following email address: kb)(6):(bX7)(C) Processing the Non-Standard Request After submitting a Non-Standard Request, requestors will receive an acknowledgement e-mail that the request has been received and is under review. The request will be forwarded for adjudication to the appropriate approvers and will also be distributed to other stakeholders. Receiving Non-Standard Request Disposition ICE Form 13-015 (5/16) The ICE employee will receive an e-mail notification of the request disposition with explanatory notes and stipulations, as appropriate , after the request has been adjudicated. 2018-ICLI -00035 797 Page 4 of 4 From: Sent: kb)(6);(b)(7}(C) To: Subject : Attachments: ~b)(6); (b)(7}(C) 15 Feb 2018 11:13:51 -0500 Dcar Fb)(6);(b }(7)(C) I ICE Inquiry license Plate Reader AA National Capability Statement-20l7.pdf I I hope I find you well today. 1 am contacting you from AceApplications. LLC in regards to a recent initiative announced by ICE, to begin to help fight crimc by querying licensc plate databases. For refcrence 1 have includcd links to thc press release and contract notice below: Press Release: https:llwww.fedscoop .comlice-bcgin-tracking-vehicle-license-plates! Contract Notice: https:llwww.fbo. gov lindex?s=opportunity&mode=fonn&id=5629706f57 36d22bd 174b 11965 fSac4c&tab core&tabmode list& We are a small business software company with capabilities in the relevant NA rcs codes (see below) that can provide a solution to add value to this project and contract by providing real-time alerts to intcrested parties upon license platc matchcs. We have completed a similar project here in Florida for use by the Florida Highway Patrol, and can add value to this project through teaming with the prime vendor on this project. Our solution utilizes both web based as well as mobile technologies to managc the system oftargct liccnse plates, as well as for scnding real-time alert messages. We undcrstand the prime contract awardee may already have a solution, and we arc seeking to add value to this project as a certified small and minority-owned business. Please find attached a copy of our Capability Statement providing an overview of our offerings and capabilities. We are a small, certified minority-owncd business, including certified as a Disadvantaged Busincss Enterprise (DBE) and Minority Business Enterprise (M\WBE). We would like an opportunity to speak with someone about this project and to gain an opportunity to join the contract team. Please advise if you are able to assist us, or point us in the right direction for who to speak with. We can provide any additional documentation needed. and can speak more about our past work in this area. For more infommtion, wc can be reached at: 1(407) 35 Hb)(6Hb)(7)(C) Marketing and Sales Department (407) 499-17iill6'51 Ilh\IRHh\I7\IO:\ NAICS Codes: 541330 541511 541512 541519 561311 561320 611430 611710 - Engineering Services Custom Computer Programming Services Computer Systcms Design Scrvices Other Computer Related Scrvices Employment Placement Agencies Temporary Help Services Professional & Mgmt. Dev. Training Educational Support Services As an additional refcre nce, in this video you may fi nd the project previously completed for the Cent ral Florida Expressway Toll System Upgrade https:llvimeo.com/227639 19 1 2018-ICLI-00035 798 Best regards, ~b)(6); (b}(7)(C) Marketing and Sales Department AceApp lications, LLC kb)(6):(b)(7}(C) 2018-ICLI-00035 799 I~ Acel\pQlications W AceApplications, LLC CAPABILITY BRIEFING Technology 50luOons for Business Success CAGE CODE: 58RE4 DUNS#: 025743530 CORE COMPETENCIES "Translating your business needs intoso!tware applications and technology solutions" We special ize in helping your business become more • • • productive, profitable, and efficient by providing these services: • • • • Custom Applica t ion & Mobile Development Web sites and Online Marketing Cloud ComputingSolutions CRM and ERP Solutions Interactive Technology for Classrooms & Busi nesses IT Staffing • Soft ware Training • IT Equipment Sourcing IT Consulting OUR COMPANY Staffed by professionals with over 150 years of combined industry experience, w e de liver highquality, reliable solutions, and great customer service. Ourfirm is a minority owned business, certified through Orange County, The City of Orlando, The City of Tampa, The State of Florida Office of Supplier Dive rsity, The Greater Orlando Aviation Authority, and the National Minority Supplier Development Council. A partial listing of our satisfied customers include: Florida Turnpike Enterprise, Flo rida Department of Health, University of Florida, University of Central Florida, Greater Orlando Aviation Authority, Wayne County Airport Authority and the Central Florida Expres sway Authority. Courtney Powell President & CEO 8.5. Electrical Engineering Since 2001, our mission is to empower our client s through the use of technology solutions and softwa re applications in order to become more productive and efficient. achieving higher results. M.S. Computer Science Our vision is to be the leading provider of business-driven information technology products and services MBA Finance PAST PERFORMANCE Successfully serving clients in various industries including: - Small Businesses - Healthcare - Financial Services - Commercial Real Estate - Department of Defense - K-12 Education - Higher Education - Non-Profit Organizations = .. .... CODES Website : WWoN .aceapplications.com Email : info@aceapplications.com Call: 877-499-ACEl (2231) ext 2 Fax: 407-442-2657 Orlando Headquarters: 3259 Progress Drive, Suite # 152 Orlando, Florida 32816 I\IMSD IAnlJl\}lE.\T NAICS : 423430 - Compute r & Computer Peripheral Equipment & Software Merchant Wholesale rs 541330 - Engineering Services 541511- Custom Computer Programming Se rvices 541512 - Compute r Systems Design Se rvices 541519 - Other Computer Related Services 561311- Employment Placeme nt Agencies 561320 - Temporary Help Services 611430 - Professional & Mgmt Dev. Training 611710- Educational Support Services 611420 - Computer Training SIC: 7371 • 7375 • 7373 • 7379 ~ Certified MBE, LOB, DBE OBE Certified in: California, Florida, Georgia, Maryland, Michigan Mississippi, Virginia AceApplication s, llC. Tel. 877-499-ACE1, ext 2 . projects@aceapplications.com • www.aceapplications.com Offices: Orlando. 12124 High Tech Ave. Suite # 160, ~8ig~ICCn-ObW5 -Bd 8 mpa . 3802 Spectrum Blvd, Suite#125, Tampa, Fl33612 From : Sent: To : kb }(6l:(b }(7)(C) Thu,9 Nov 2017 15:44:13 +0000 r b )(6);(b}(7)(C) Cc: Subject: Attachments: ICE LPR - splash screen privacy language smime.p7s Kill As we wa it to hear about pricing, I wanted to ensure something else was brought to you r attention. In the RFI over the summer, t he following requirement was listed: C.Z.l . Query Capabilities Requirement: Before a user is able to perform a query from the main system or mobile application, the syst em must display upon logon a splash screen that describes the agency' s permissible uses of the system and data, and requires the user to affirmatively consent to these rules before proceeding further. The splash screen will appear at each logon event. The text on the splash screen shall also be available to the users via a hyperlink within the main system interface (including any mobile app interface). The agency will provide the language for the splash screen content. Vigilant has told me it will require about 2 weeks to get any specific language in, so I'd appreciate if privacy could make that language known t o us to ensure an on-time implementation. Please let me know if you have any quest ions . ... ... .... .... . .. .... ....... .... .. . kb)(6l:1b}(71(C) Client Relationship Manager Thomson Reuters Special Services, LLC M 443-622,fb}(6l:(b}(7)(C) www.trssllc.com TRSS We provide critical mission support in the face of evolving threats, by integrating data, technology and subject matter experts, to solve customer challenges. Click here for more information regarding TRSS Services. This ema il (ootains information Irom Thomson Reuters Spedal Servi(es. LLC. that may be sensitive and (onfidential. This message is to be used solely by the intended re(ipient. II you are not the intended re(ipient. then you re(eived this message in error and a re requested to delete it (and all copies). You are lurther requested to neither reproduce nor share the contents of this message with anyone except the intended retipient and are to notify the sender il this is an erroneous transmission. Your (ooperation is appredated. 2018-ICLI -00035 801 Kb)(6);(b)(7}(C) From : Sent: To : Kb)(6):(b}(7)(C) 7 Dec 2017 23:11:24 +0000 Kb)(6);(b)(7}(C) Subject: ICE Access to TRSS LPR I Hi Kb)(6):1 I wanted to send you an email to advise on the status of ICE Access to the LPR data. We have a commit ment to fund from the ICE components. We are currently working on the fina l solicitation to send to TRSS. Given the sensitivity and the dollar amount we wi ll need t o notify Congress. Barring any unforeseen circumst ance we believe that we wi ll be able to make award sometime before 12/18. Thanks for your help. Please let us know if you need anything. Thanks, f bX6 );(b X7)(C) I CPPB, CFCM Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAO) Phone: 202-732-1!lilliiIl Mobile : 202-345t b)(6):(b l Email kb)(6):(b)(7}(C) I NOTICE: Th is communication may contain privileged or otherwi se confidential information. I f you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you rece ived this message in error and delete the message from your system. 2018-ICLI -00035 802 From : Sent: To: Subject: procurement Wb)(6) (b)(7)(C) I 14 Dec 2017 06:57:35 -0500 Fb)(6);(b}(7)(C) FW: heads-up: urgent CN forthcoming for a Law Enforcement Sensitive FYI. Sent with BlackBerry Work (www.blackberry.com) From: Kb)(6);(b)(7}(C) Date: Wednesday, Dec 13,2017, 8: 25 PM Subj ect: RE: heads-up: urgent eN forthcoming for a Law Enforcement Sensitive procurement Than k you for the heads up. kb }(6l:(b }(7)(C) DHS OLA Desk: (202) 4471b)(6)(1 Mobi le: (202) 839-Kb)(6):<1 From: Kb)(6);(b}(7)(C) Sent: Wednesday, December 13, 2017 6:43 PM r b)(6);(b}(7)(c) Subject: heads-up: urgent CN forthcoming for a Law Enforcement Sensitive procurement Importance: High Good evening. I just spoke with my HCA and learned that ICE ha s an urgent law enforcement sensitive (lES) requirement that is currently undergoing a short-turn solicitation, with a needed award date of as soon as possible next week . Our contracting office is awaiting the green light from ICE Management to provide notice, due to the sensitive nature of the procurement. We anticipate receivi ng ICE Management's approva l tomorrow, and we will submit the Congressiona l Notification as soon as possible . Thank you in advance for your assistance . Vir, b)(6);(b)(7}(C) SenIOr Policy Advisor 2018-ICLI -00035 803 DHS I ICE I Office of Acquisition Management (OAO) Quality Assurance Oi~ision (QAD) Phone: 202 -732 -1i1i)(l Mobile: 202-760-miJ IlhllRl-lhll7llrl AWS - znd Fridays; Telework - most Wednesdays 2018-ICLI -00035 804 From : Sent: To : Subject: Attachments: Kb)(6);(b}(7)(C) 21 Jun 2017 15:01:38 -0400 Kb)(6);(b)(7}(C) I FW: License Plate Reader PIA Update License Plate Reader PIA Update (IGP JAH 06 12 20l7).doc Hi ibj(l I!i..UJ I got the fo ll owing question in the PIA that I hope you can answer: Finally, the descri ption of the commercial LPR vendor that ICE has procured will be published in appropriate federa l procurement portals, such as FedBizOpps, as requi red by law .(lCEICPjah1 1 Is thi s cor rect ? Thank you, Kb)(6);(b)( I From: kb\(6Hb\(7\(C\ Sent: Monday, June 12, 2017 2:51 PM To: GhllRl-lhll7llf-1 I Subject: License Plate Reader PIA Update Hi Kb)(6);([ Attached is the first draft of the LPR PIA update for your review. You can ignore any formatting issues wit h the document; I'll sort those out before it's reviewed by OPLA and DHS HQ. You should note t hat this PIA will likely be reviewed not only by DHS Privacy, but also by DHS Civi l Rights and Civil Liberties (CRCL) . Therefore, it's very important that we fully describe how ICE's use of the database protects individual rights and liberties (I discuss this on pgs. 7-8). Please adhere to the following instructions during your review : • • • • • Review the document in its entirety for cla rity, completeness, and accuracy (we're expecting significant feedback/questions from DHS on t his PIA) Use "track changes" to make any edits to the document Respond to all comment bubbles with a new comment underneath (note: all comments addressed to you say "ERO") To the extent that you coordinate with other ERO officers (e.g., ~tbill)(~ 6)~ : (b~xiI7ii' )(C:J)C:::C:::C:::C:::C::::J etc.), please send me back one master copy with all edits Please return the document to me no later than COB Friday June 23 Thanks again for the information that you provided in last week's meeting, and please don' t hesitate to call/email me if you have any questions. Kb}(6);(b}(7)(C I 2018-ICLI -00035 805 Senior Privacy Compliance Specialist Information Govern ance and Privacy JIGP) U.S. Immigration & Customs Enforcement Direct: (202) 132~)I:6)' 1 M ain: (202)732- b,)(7)( Questions? Please visit the Privacy & Records Office website at https:/linsight.ice,dhs.gov/mgt/oop/Pages/indeK.aspK. [ICEIGPjahlJ ERO: Is this accurate? 2018-ICLI-00035 806 From : Sent: To : Cc : Subject: Attachments: Kb)(6);(b}(7)(C) 11 Dec 201714:57:20 -0500 # MASTA F F;kb )(6):(b )(7)(C) ~b)(6); (b}(7)(C) FYSA -- license Plate Reader Database Access Procurement LES Memo - l PR database access. pdf Good Afternoon This purpose of this email is to provide situational awareness with regards to a procurement for license Plate Access that OAQ is working on. The details are provided below: U.S. Immigration and Customs Enforcement (ICE) intends to iss ue a contract to Thomson Reuters Special Services (TRSS) to obtain query-based access t o a commercially available license Plate Reader (l PR) database. A commercial l PR database stores recorded vehicle license plate numbers from cameras equipped with license plate reader technology. Records are uploaded into the system from a variety of governmental and private sources includ ing, but not limited to, access control systems such as toll road or pa rking lot cameras, vehicle repossession compan ies, and law enforcement agencies. Licenses t o access the commercial database are sold to commercial consumers as well as t o law enforcement agencies . ICE is neit her seeking to build nor contribute to any public or private l PR dat abase. ICE will use LPR information obtained in response to queries of the commercial database to further its cri minal law enforcement and civi l immigration enforcement missions . ICE law enforcement personnel will query the LPR database using known license plate numbers associated with aliens for immigration enforcement pu rposes, based on leads, t o determine where and when the vehicle has traveled within a specified period of time . The results ofthe queries can assist in identifying the locat ion of aliens to further ICE's immigration enforcement mission. ICE will also use l PR information obtained from the commercial database to further its criminal law enforcement mission, which includes investigations related to national security, illegal arms exports, financial crimes, commercia l fraud, human trafficking, narcotics smuggling, child pornography, and immigration fraud. For example, use of l PR data in th is context could help to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illega l activity, such as smuggling. Use of this data is expected to enhance officer and public safety by allowing arrests to be planned at locations that minim ize the potentia l for injury (e.g ., away from a subject's residence if there are suspected to be children or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. Period of Performance : The anticipated period of performance will include a base period of three (3) months, one three (3) month option period, one three (3) month and eleven (11) day option period, and two twelve (12) month option periods. 2018-ICLI -00035 825 Vir kb)(6);(b}(7)(C) Chief of Staff Office of Acquisition Management (OAO) U.S. Immigration and Customs Enforcement Desk Phone: 202-732-1!iillIDJ Cell Phone: 202-906.j{b)(6);(j Email: Kb)(6);(b}(7)(C) 2018-ICLI -00035 826 Office o/En/orcement (md Remol'al Operations U,S. Dt pa nm t n\ orU omda nd St('urity 500 12th Street. SW Washington, D,C, 20536 u.s. Immigration and Customs Enforcement December 7, 20 17 MEMORANDUM r-DR: f b)(6);(b)(7)(C) Unit Chief b)(6),(b)(7)(C) omcc of Acq FROM: Kb}(6);(b}(7)(C) I CA) Unit Chic Transnational SUBJECT: mio ns Unit Law Enforcement :';SC'l1Sl tl ve Memorandum - License Plate Reader Database Access Publi ca ll y posting that ICE is utilizing access to a License Pl ate Reader database would almost immediatel y d imini sh it s effecti veness as a law enforccment tool. Onec those individuaJ s who arc already attcmptin g to evade law enforcement become aware of addi tio nal surve illance capabilities they are much more li kely to take proactive meas ures to avo id detection. Thi s is especially true for people who engage in criminal activ ity. gang members and aliens who are removable, Thi s awareness would substant iall y in crease the risk to o ffi cer sa fet y by altering the behavior of the crimi na ls be ing investigated. Thi s cou ld incl ude acqu iri ng state registrati on under a relative or an alias, altering method of travel , or temporarily switching plates while "' inand-out" of residential o r employment ranges, substanti all y hi nderi ng enforcement actions and increas in g surve illance and in vest igati ve man hours, In states where o nl y a rear lice nse plate is req uired , subjects may opt to park in suc h a way that lheir plate in 110t visibl e frollli he street if they became aware of the lise of thi s technol ogy. If a subj ect becomes aware that ICE officers and agents Illay have located their vehi cle they are more likel y to be menta ll y and physically prepared to negativel y engage o r evade the officers. Arresting an unsuspecting crim inal al ien at a predetermined locat ion minimi zes the potential of injury to both the officers and aliens invo lved. Publi c awareness of the LP R system would substantiall y increase the ri sk to of1icer safety by altering the behavior of criminals being investigated and reduc in g the offic er's tactical advanw ge. ICE already ballies chall enges pertai ning to the amount of information th at has been made public about our arrest mcthodo logy and limitat ions. Publi ca ll y posti ng that ICE is utili zing LPR tech nology could cause harm to law enforcemen t activit ies by j eopardi zing investigat ions, compromi sing operations. or causing life-threateni ng situati ons for confide nti al infonnants, sources of infomlation, wi tncsses, or law enforcement personnel. As suc h, thi s acquisition should be considered law enforcemen t sensitive and not posted to J&A , www.ice.gov 2018-ICLl·00035 827 kb)(6l:fb)(7)(C) I From : Sent: To : Subject: 3 Oct 2017 14:00: 10 -0400 kb)(6);(b}(7)(C) lP R Alert li st Issue Good aftern oon, I spoke with kb)(6):(b l th is afternoon and t o ld her t hat acco rd ing t o the SOW, ICE cou ld upload a maximu m of 2,500 records in a "batch upload" to the Alert list. Based on our conversation, we don't t hink it's necessary to include any specific nu mbers in the final contract abo ut how many records are on t he Alert list at o ne ti me, given that operationa l needs can change. However, we want to make it clear in the fina li zed contract t hat ICE users will continuously update the Alert list to remove/delet e records t hat no longer need to be the re. As long as t hat's spelled out, we sho ul d be a ll set o n that question. Fee l free to ca ll or email me if yo u need more clarification. Fb)(6);(b)(7}(C) I Senior Privacy Compliance Specialist Information Governance and Privacy (IGP) U.S. Immigration & Customs Enforcement Direct : (202) 73 (b)(6);( Main: (202) 732- )(7)( Questions? Please visit the Privacy & Records Office website at https:Uinsight.ice.dhs.gov/mgt/oop/Pages/index.aspx. 2018-ICLI -00035 828 From: Sent: To: Kb)(6);(b)(7}(C) 2 Oct 201713:51:04 -0400 r b)(6);(b)(7}(c) Cc: Subject: lPR records needs H ~b}(6); (b}(7)(C) Could you give us an estimate on how many license plates any single user might actually have a need for on the alert list at any given time? We want to specify in the PIA (and the SOW) the number of license plate numbers that can be on the alert list, and we want to make sure it meets (but does not overly exceed) the operationa l need. kb)(6):(b}(7)(C) I Senior Privacy Compliance Specialist Information Governance and Privacy (IGPI U.S. Immigration & Customs Enforcement Direct: (202) 732 b)(6); Main: (2021 732- ,~,(7) Questions? Please visit the Privacy & Records Office website at https:ljinsight.ice.dhs.gov{mgt{oop{Pages{index.aspx. 2018-ICLI-00035 829 From : Sent: To : kb)(6);(b)(7}(C) 24 Oct 2017 10:55:03 -0400 rb)(6);(b)(7}(C) Cc : Subject: lP R SOW Hi ~b )(6);(b )(7}(C) Do you know when we could expect t o see the revised SOW/contract before it's fin alized? Th anks. kh\IflHhV7\( I Senior Privacy Compliance Specialist Information Governance and Privacy (IGP) U.S. Immigration & Customs Enforcement Direct : (202) 732 b)(6); Main: (202) 732- l'!u}( Questions? Please visit the Privacy & Records Office website at https:ljinsighUce.dhs.gov{mgtloop{Pages{index.aspx. 2018-ICLI -00035 830 From : Sent: To : Cc: Subject: Attachments: kb)(6l:(b)(7)(C) 14 Dec 201715:04:34 -0500 f b )(6);(b}(7)(C) lP R Splash Screen language Splash Screen l anguage (IGP JAH 12 14 2017).docx Good afternoon kh\(flHh\I7\(C\ Attached is a draft of the splash screen language (Rules of Behavior) that w ill appear w hen ICE users log on to the lPR database. Please review and provide any edits via track changes . Deadline: COB Monday December 18 Please call me with any questions. kh\(flHh\I7\(C I Senior Privacy Compliance Specialist Information Governance and Privacy (IGP) U.S. Immigration & Customs Enforcement Direct : (202) 732 b)(6); Main: (202) 732- b)(7}( Questions? Please visit the Privacy & Records Office website at https:Uinsight.ice.dhs.gov/mgt/oop/Pages/index.aspx. 2018-ICLI -00035 831 Splash Screen Language (DRA FT December 14,20 17) Welcome to Vigilant's LEARN LPR Database . Before using the database, you must agree to the following: (1) Law Enforcement Pumose: ICE will access, collect, and/or use LPR data and technology only for authorized criminal and civil law enforcement purposes. Authorized law enforcement purposes mean that ICE's use must be associated with an ongoing investigation, target of investigation, and/or targeted enforcement activit ies. (2) Querying the Commercial LPR Data Service: ICE personnel will only conduct searches of the commercial LPR data service using spec ific license plate numbers; geographic-based searches are not permitted at this time. (3) Use of Commercial LPR Data: IC E wi ll not take enforcement action based solely on data collected from Vigilant 's LEARN database. LPR data must be supplemented with other investigative infomlation before enforcement action is taken. (4) Auditing User Activity: All actions that you take while logged into the database wi ll be recorded in an audit log. Thi s audit log will be available to DHS Agency Managers quarterly, and upon request. (5) Adding License Plate Numbers to Alert Lists: ICE personnel may only add license plate numbers to an Alert List that re late to an ongoing criminal investigation or immigration enforcement matter. ICE personnel will not gather and add license plate numbers to Alert Lists based solely on race, ethni city, nationality, religious affi liation, sex, sexual orientat ion, or other protected status, unless authorized by law . (6) Removing License Plate Numbers from Alert Lists: ICE personnel must remove license plates from Alert Lists once they no longer relate to an ongoing criminal investigation or immigration enforcement matter. (7) Free-Text Field: ICE personnel must complete the free-text field to reference the specific case for which a query was performed. At a minimum, users must enter the subject's name, and either the corresponding case number or Alien Registration Number (A-number). (8) Data Retention: ICE will not build or host an LPR system or database. License plate matches wi ll be mai ntai ned in the relevant case file or IT system accord ing to the correspond ing records retention periods. ICE will not retain LPR data that is not related to an ongoing law en forcement investigat ion or immigration enforcement matter. (9) Penalties: Impenn issibl e use of the system wi ll subject you to disc ipline, in accordance with ICE policy. 2018-ICLI-00035 832 Acknowledgment: I acknowledge receipt of, understand my responsibilities, and wi ll comply with the rules of behavior for Vigi lant's LEARN LPR data service. Name/Signature/Date 2018-ICLI-00035 833 From : Se nt: To : Subject: kb)(6);(b)(7}(C) 27 Sep 2017 14:51:08 -0400 ~b)(6); (b)(7}(C) Operational Question for EROjHSI H ~b)(6); (b}(7)(C) One of the issues we discussed on the phone yesterday was how many records can be maintained in the Alert Li st. The SOW previously said 2,500, but the TRSS Response said that Vigi lant can provide up to 10 million. Would you be able to coordinate with the program offices to see how many Alert List records they'd need record of (on a per person basis)? We want to make sure they're able to f ulfill their missions whi le at the same t ime limiting the Alert List to those cases t hat are truly mission necessary. I know that there are already some questions that you're going to clarify with ERa and HSI, so if you could add this to the list that would be great, and we can amend the SOW as necessary. Please feel free to reach out with any questions. ~b)(6); (b)(7}(C) 1 Senior Privacy Compliance Specialist Privacy & Records Office U.S. Immigration & Customs Enforcement Direct : (202) 73 b)(6);( Main: (202) 732- ~7)( Questions? Please visit the Privacy & Records Office website at https:Uinsight.ice.dhs.govlmgtloopIPages/index.aspx. 2018-ICLI -00035 834 From : Sent: To : Cc: ~b)(6); (b)(7}(C) 17 Nov 2017 08:16:09 -0500 b)(6);(b}(7)(C) LAW ENFORCEMENT SENSITIVE, TRSS LPR Subject: Ol .Ol_Ma rket Research.docx, 01.02_APFS P2017040214.pdf, Attachments: 01.0S_S0W_License Plate Readers.docx, 01. 12_Sma II Business Review Form .pdf Importance: High Hi t~!l%(1 Please see attached for review. I was not sure if lES procurements should be posted in Sharepoint or not. If they can, I wi ll upload them t here for your review. Please advise. Thank you, Kb)(6);(b)(7}(C) Detention, Compliance & Removals (OCR) IContracting Officer DHS I ICE I Office of Acquisition Management (OAO) Office : (202) 732{iillill Mobile: (202) 878- fiilllill kb)(6):(b)(7}(C) NOTICE: This communication may contain privileged or otherwise confidential information . If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system . 2018-ICLI -00035 835 Market Research for Immigration and Customs Enforcement (ICE) Access to National License Plate System November 15 11", 2017 I. Authority Thi s market research memorandum is in accordance with FAR 7. 102, Acquis iti on Planning Policy, and FAR 10.001, Market Research Policy. lAW with FAR Part 8.002, FAR 8.6 Acq ui sition fro m Federal Prison Industries (FPIIUN ICOR) and FAR Part 8.7, Acqui siti on from Nonprofit Agencies Empl oy ing People Who Are Blind or Severel y Disabled (Ability One), research was conducted to determine if this item is available from these required sources. Thi s service was not avai lable from either FPI or Abi lity One. II. Background Information The U.S. Department of Homeland Security (DHS)lOffice of Enforcement and Removal Operations (ERO) and Homeland Security investigations (HSI) have a req uirement to obta in query-based constant (24 hour, seven days a week) access to a commerc ia lly ava il able nationwide License Plate Reader (LPR) that includes mobile applicati on requirements and is ab le to meet ICE privacy requirements. The LPR database will be provided fo r ICE law enforcement personnel at ICE offices across the Un ited States in the executi on of their official law enforcement duties. ICE wi ll use LPR information obtained fro m the commerc ial database to further its crim inal law enforcement mission, whi ch includes investigati ons related to national security, illegal arms exports, financial crimes, commercial fraud, human trafficking, narcotics smuggling, chi ld pornography, and immigration fraud. The Contracting Office anticipates awarding a sole source standalone contract in accordance with FAR 6.302- 1 "Only One Source" to Thomson Reuters Special Services (TRSS). The NAICs code for thi s type of serv ice is 5 19190 - All Other Information Serv ices. The Prod uct Serv ice Code is 0317 - IT and Telecom - Web-Based Subscription. The expected dollar va lue for this procurement is Fb}(4) IThe following details the acquisition team dedicated to this procurement: Name b)(6);(b)(7}(C) Title Contracting Officer Contract Spec ia li st Section Chief Office OAQ/ DCR Telephone 202-732~ OAQIDCR ERO 202-732b)(6);q 202- 732R')(6);t I E-mail Address b)(6);(b)(7}(C) r- Ma rket research for thi s req uirement has been ongoing since 20 12. In 2012, a requirement for access to a Nati onal Vehicl e Locati on Services (NVLS), a product that was offered by Vigil ant Video, was submitted by the ERO Dallas Field Office. At the time, access to li cense plate databases for ICE law enforcement personnel was done at the Field Office level with small so leb /\ U' ~/) JF O R C~) tH JT SEPJSITI't'[ 2018-ICLI -00035 836 source purchase order to Vigilant Video for limited access over a short period of time. As a result to of a FBO post of notice of intent to award a so le source contract, award HSCECR·12·P·00037 posted on FBO on Jul y 4, 2012, ICE received an email from Locator Technolog ies dba Portfo li o Recovery Associates (PRA), that their system had similar capabilities. The sole source was not awarded and further market research was conducted. After speaking with Andy Robinson of PRA, add iti onal vendors were discovered in the license plate camera industry that had connections to vendors that compiled data. MVTRAC, Platenet, Elsag and NLETS were contacted in addition to PRA and Vigil ant Video about their specific databases. ERO had multiple internal meetings about using ERO using thi s software nationwide. ERO set as ide money so that each of the fie ld offices could have access to one of the license plate databases. A fter additional research it was determined that other components within DHS would have interest in the products offered by the license plate compan ies. ICE OAQ reached out to the DHS library services group, who handle the acqui siti on of subscriptions for DHS requesting that they hand le the acq ui sition of a License plate database for DHS. The DHS Library Services Group declined citi ng that the majority of the users were from ICE and CBP and not DHS as a whole. They would support one of the agencies taking the lead and strategicall y sourcing the Isent an email to the DHS strateg ic sourcing inbox to find out whether contract. ~b)(6);(b)(7}(C) or not this was a viab le option. Kb)(6);(b)(7}(C) Icontacted folks within other DHS components to gauge interest. Once it was determined that there was interest in the software an IPT was formed. The IPT consisted of Acq ui sition personnel from ICE and U.S. Marshall Service as well as technical personnel fro m the Secret Service, CBP, ICE, Federal Protective Service and U.S. Mars hall Service. Research was done in the market place in late 20 12 and early 2013 (Jan-Mar) to determine other possible vendors. This was done via internet searches and talking to vendors about their competition in the indu stry. It was discovered that CBP issued an RFI in earl y January 2013 for License Plate Recognition Infrastructure. Even though the requirements were not the same the possible vendors responding would most likely be similar. ICE was able to obtain the names and responses from each of the vendors. ICE OAQ reached out to each of the vendors directly via telephone and email. An Industry Day was held on May 15, 20 13. As a result of the market research described above, ICE issued a competitive solicitation for LICE received three subscripti on access to a license plate database for approximately kbX4) proposals. One from Vigi lant Video, One from LexisNexis whi ch proposed access to Vig il ant Video and PRA which submitted a proposal that did not meet the technical requirements listed in the soli citation. Vigilant Video was determined as the hi ghest technical proposal. LexisNex is offered a proposa l that comb ined their law enforcement database along w ith Vigilant License plate data. PRA also submitted a response but their proposal did not meet the technical requirements of the proposal. Following the eval uati on it was determined that the pricing was too expensive both for the ICE budget at the time and the pricing Vigil ant offered to state and local governments. In the summer of2017, ICE examined the possibility of utilizing CLEAR the law enforcement data service currently utilized by HSI and ERO under contract HSCEMD- 17-F-00008, to obta in access to license plate data. Since the agents and officers already used TRSS to perform their law LAW [~jFORCEMHJT SEPJSITIV[ 2018-ICLI -00035 837 enforcement searches, it would be very convenient to add the license plate module to services already used in the field. Meetings between ICE and TRSS took place to determine whether or not that would be a viab le sol ution. TRSS offered not onl y their license plate data but also discussed the possibility ofpartnering with Vigil ant Video to add their data capabilities as we ll. Furthermore, pricing was offered for not only 1-500 subscriptions, but rather a subscription for an unlimited amount of ICE law enforcement personnel users. The determination was made that since the CLEAR contract was written aga inst the TRSS GSA Sched ul e and the current license plate data was not included on their GSA schedule, that this service could not be added via this contract vehicle. ICE would need to procure these services through another method. Ill. Initial Requirements The requirements development process was more complex than for a typical commercial product due to the privacy concerns and political sensiti vity of the requirement. As mentioned above, the government held an industry day in 20 13, where vendors were able to meet with ICE and representatives from other DHS and DOJ components in a small setting to preset the capabiliti es of their current systems and where the industry was heading in the next 5-10 years. These requirements were fine tuned to meet the law enforcement standards required by ICE. In addition, due to the sens iti vity, the ICE privacy office has become integra ll y in volved in writing the privacy section of the requirement. The government has exam ined many different scenarios to ensure cost effectiveness. ICE has evaluated whether to have an agency wide subscription or super users wh ich could conduct searches on behalf of ICE agents. Based on the anticipated pricing proposed by TRSS, the most price advantageous option would be the agency wide subscripti on. Additionally, many of the privacy concerns are all eviated when each user is directly responsible for defending the law enforcement back up fo r their requested search rather than a super user search . In order to ensure maximum usage, ICE wou ld like a mobile search capability that wou ld be capab le with iOS. The database mu st have a sign ificant number of scans in the most important geographi c areas in order for it to be considered effective tool for the ICE agents. The agents shou ld have some reasonab le expectation that the scans are reli able. There needs to be a plan to ensure that the company can provide the service moving fo rward. Since the majority of state and local law enforcement is already using this service, a demonstration that other law enforcement customers should be mandatory. It must have audit and reporting capabilities. Additionally, many of the search requirements must be tracked back to either a user log or a law enforcement justification to ensure that the privacy concerns are adequately addressed. Each of these requirements ensures that ICE is obtaining access to a reliable and effective license plate subscripti on serv ice. The performance requirements, as per the SOW, include: Data Service Content/Scope: LAW E~jFORCEJ'li I DH SEtIS IT IVE 2018-ICLI-00035 838 o o o The LPR data service shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, veh icl e repossess ion compan ies, and law enforcement agenc ies. The LPR data service shall compile LPR from at least 25 states and 24 of the top 30 most populous metropolitan stati stical areas to the extent authorized by law in those locations The LPR data service shall make availab le at least 30 million new unique LPR data records each month User Management and Support o Automatic verification of accounts with the ability to audit by using the use r's Originating Agency Identifier (ORI) to be matched against a current real-time li st of acti ve ORJ numbers provided directly or indirectly by the National Law Enforcement Telecommuni cation System (NLETS). o The ability to add new users or delete exi sting users within 24 bu siness hours of IC E's request. o Unlimited technical support to each user. Functiona l Requirements: o Query Capabiliti es o Alert Li st Capabilities o Mob il e Dev ice Capabi liti es o Audit and Reporting Capabilities The proposed action will res ult in the award of a contract for a total potential period of two (2) years and eight (8) months; 12/5/20 17 - 09/30/2020. An Advanced Planning Forecast System (APFS) record was sent to OAQ from ERO on November 8, 2017. The record was claimed by OAQ but not posted as the requirement is law enforcement sensiti ve. IV. Participants in Market Research The fo ll owing individual s have been instrumental in the Market Research effort: Name, Title b)(6);(b}(7)(C) Office ERO Telephone 202-73 2Kb)(6);( OAQIDCR b}(6);(b}(7)(C) Role/Responsibility in Market Research Program Office I 202-7 32! b2(6Y b OAQIDCR Email Address Contracting Officer l 202-73 2- Contract Spec iali st Kb)(6);(b l b\W E~jF8RC~~ 4 ~T> ! T SENSITI VE 2018-ICLI -00035 839 Contract Specialist b)(6);(b}(7)(C) OAQ/Small Business Office 202-73 2- Small Business Specialist b)(6);(b}(7)(C) Kiillill ICE/Privacy 202-732K6)(6);( Pri vacy Specialist I ICE/Privacy 202-732K6)(6);( V. Pri vacy Specialist I Market Research Methods and Sources As di sc ussed above, access to license plate databases has been pre viously accompli shed through small purchase orders for a limited amount of time for individual field offices. In 2012, ERO had multiple internal meetings about using ERO using thi s software nationwide. As a result of the market research described above, ICE issued a competitive solicitation for subscription access to a license plate database for approximately 1-500 users. Following the eva luation it was determined that the pricing was too expensive both for the ICE budget at the time and the pricing Vigilant offered to state and local govern ments. In accordance with the FAR, a search ofNIBINISH, FPIIUN ICOR, GSA Federal Supp ly Schedules, SBA Database, Department-Wide Vehic1es/DHS Strategic Sourcing Vehicles, and Commercial Databases yielded that the type of services was not avai lable through these sources. License plate databases are commercially avail able; howeve r the pri vacy and data contro ls required are not current ly commerc ially ava il able and will require a large amount of customi zation. The Contracting Officer views the privacy requirement as an entirely separate part of the requirement that is almost entirely a requirement on its own. In the summer of 20 17, ICE exam ined the poss ibility of utilizing CLEAR the law enforcement data service currently utilized by HSI and ERO under contract HSCEM D-17-F-00008, to obtain access to license plate data. Since the agents and officers already used TRSS to perform their law enforcement searches, it would be very convenient to add the license plate module to services already used in the field. Meetings between ICE and TRSS took place to determine whether or not that would be a viable solution. TRSS offered not only their license plate data but also di scussed the possibility ofpartnering with Vigi lant Video to add their data capabilities as we ll. Furthermore, pricing was offered for not only 1-500 subsc riptions, but rather a subscription for an unlimited amount of ICE law enforcement personnel users. The determination was made that since the CLEAR contract was written against the TRSS GSA Schedule and the current license plate data was not included on their GSA schedule, that thi s service could not be added via thi s contract vehicle. ICE would need to procure these serv ices through another method. LAW Er4FORCEMH 'T £~\)I£ITI ' ! E 2018-ICLI -00035 840 On Jul y Jrd, 2017, a Request for Infonnati on was sent to T RSS to obtain query-based constant hour, seve n days a week) access to a commercially ava ilable nationwide License Pl ate Reader (LPR) that includes mobile application requirements, is able to meet ICE privacy requirements, and is avail able for an unlimited number ofE RO and HSI users. TRSS responded stating they could meet the requirements by partnering with Vigilant Video and presenting access to the license plate reader database through a hyperlink in their CLEAR application. ( 24 Accessing Vigilant data through TRSS enabl es ICE users to limit the number of sources agents need to query for investigati ve purposes. Adding thi s fun cti onality is critical to ensuring that ICE is using all ava il able tools to furth er its criminal law enforcement and civil enforcement mi ss ions. All owing all searches to occur in one system increases the likelihood that the data will be used by the offi cers to more effectively carry out the ICE mi ssion. It also ensures uniformi ty across the sea rch process increasing the likelihood of success ful outcomes for arrests that rely on thi s information. Additionally, it hold s one ve ndor accountable for all information acquired by law enfo rcement. Thi s increases the likelihood that in fo rmation reli ed on by two diffe rent systems will be accurate and sustain any legal challenges. Multipl e meetings between OAQ, Pri vacy, and TRSS were held which confirmed that the proposed solution would meet pri vacy needs and offe r additional operational benefits unforeseen previously. The Contracti ng Offi cer has determined that the onl y soluti on that meets the requirement is the proposed so luti on from TRSS as they partner with Vigilant Video to provide li cense pl ate reader data access through a current law enforcement database used by ICE. VI. Identify Product/Services and Sources Able to Meet the Requirement The vendor found abl e to meet thi s requirement is Thomson Reuters Spec ia l Services (T RSS) located at 1410 Spring Hill Rd ., McLean, VA 22 102-3058. TRSS is a large business. The POC fo r thi s company is 4(b)(6);(b}(7)(C) 1, 443 -6 22- f b)(6);(b}(7)(C) I VII. Description of the Commercial Marketplace License plate databases are commercially ava il able; howeve r the privacy and data control s required are not currentl y commercially ava il able and will require a large amount of customizati on. T RSS has entered into a partnership with Vigilant Video whereby they will provide license plate reader data provided by Vigil ant Video through the current law enforcement database used by ICE. The proposed soluti on meets all privacy, fun ctionality, and compatibility requirements in order to meet ICE's mi ssion and obtain the best va lue. VHf. Pricing and Market Issues There are no known pricing or market issues. The price is ex pected to be found fair and reasonable through an analysis of prev ious contracts for a similar requirement. IX. Other Considerations , AU! El>I fOIi'C~~ 4 ~T> I T £I3PJ£ITI V[ 201 8-ICLI -00035 841 The contracting offi cer has determined that thi s requirement is exempt from the posting requirements of FA R Part 5. 101 . J. FAR Part 5. J02(a)(5)(i) The contracti ng offi cer need not make a solicitation ava il able through the GPE, as required in paragraph (a)(4) of thi s section when(i) Disclosure would compromi se the national security (e.g. , would result in di scl os ure of class ified infonnati on, or informati on subj ect to ex port controls) or create other sec uri ty ri sks. Due to these circum stances and the fact that access to PRI SM is avail able to contractor empl oyees the " Law Enforcement Sensiti ve" Documents for thi s procurement action will not be posted in PRISM . Access to these procurement documents can be requested from the Contracting Speciali st/Contracting Offi cer li sted in the contract. X. Market Analysis Summary Based on the information obtained from GSA , System fo r Award Manage ment (SAM), previous acqui sition hi story, and pri vacy requirements, thi s requirement w ill be so lic ited as a sole source requirement to TRSS. Market research has yield that there are no other sources that ca n meet the pri vacy requirements, provide nati onwide li cense plate data subscription at an agency-wide level, and meet the current fun cti onali ty requirements with current ICE capabilities. No other sources can sati sfy agency requirements. The Contracting Office r determines that the anti cipated price is ex pected to be fair and reasonable through an analysis of prev ious contracts for a similar requirement. Date kb)(6):(bX7)(C) , Contract Specialist, OAQ (OC R) ~b)(6); (bX7)(C) Date Contracting Officer, Unit ChiefOAQ (DCR) LAW ENFORCEMElff' 8EJ~81'f1 201 8-ICLI -00035 842 vI! Forecast Record I Acq ui sition Planni ng Forecast System Page 1 of2 Acquisition Planning Forecast System Forecast Record Number: P2017040214 Component: ICEtERO Requirements Office: ICEtEROtHQ-Enforcement Management Division Contracting Office: ICEtOAQ/DCR-Detention, Compliance & Remova l APFS Coordinator Office: ICEtAPFS Coordinator NAICS: 519190 Competition : NO Contract Vehicle: None Small Business Program : None Contract Status: New Requirement Estimated Period Of Performance: Estimated Solicitation Release: Anticipated Award Date: Description : Law Enforcement Sensitive. DO NOT POST. Estimated Dollar Range: ijkbjii)(4i1l::::::::::::::;::::;::;:::::J Estimated Base Year Funding: Estimated Total Value: ~b)(6); (b)(7}(C) l lb )(d l Place of Performance: Washington, POC Name: ~b)(6); (b)(7}(C) 1 DC POC Phone: 20273216)(6);1 tb}(7)(E) poe Email : ~Kb",)("6)",;(b",)(,-,7X,,c,-)_ _ _ _---' 2018-ICLI -00035 843 11/9/2017 Forecast Record I Acqu isition Plann ing Forecast System Page 2 of2 Record History DatefTime Moved From Moved To Nov. 8 , 20 17, Contracting Contracting 4:22 p.m. A ss ignment To: kb)(6),(b)(7)(C) From: fbX61.(bX7XCl Nov. 8, 20 17, 4:11 p.m . Requirements Contracting To: unassigned From : ~b)(6), (b)(7}(C) Nov. 8, 2017, 4:11 p.m. New Requirements To : [ b)(6),(b)(7)(C) From : Rb}(6),(b)(7}(C) © Department of Homeland Security 20 17 2018-ICLl-00035 844 11/9/20 17 Statement of Work Access to License Plate Reader Commercial Data Service November 1, 2017 c.l. INTROD UCTION AND BACKGRO UND. The intent of this Statement of Work (SOW) is to describe ICE's law enforcement offices operational requ irements to obtain query-based access to a commercially available License Plate Reader (LPR) database. A commercial LPR database stores recorded vehicle license plate numbers from cameras equipped with license plate reader technology. Records are uploaded into the system from a variety of governmental and private sources including, but nOI limited 10, access control systems such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. Licenses to access the commercial database are sold to commercial consumers as well as to law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database. ICE will use LPR information obtained in response to queries of the commercial database to further its criminal law enforcement and civil immigration enforcement missions. ICE law enforcement personnel will query the LPR database using known license plate numbers associated with aliens for immigration enforcement purposes, based on leads, to determine where and when the vehicle has traveled within a specified period of time. The results of the queries can assist in identifying the location of aliens 10 furthe r ICE's immigration enforcement mission. ICE wi li al so use LPR information obtained from the commercial database to further its criminal law enforcement mission, which inc ludes investigations re lated to national security, illegal arms exports, financial crimes, commercial fraud, human trafficking, narcotics smuggling, child pornography, and immigration fraud. For example, use of LPR data in this context could help to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal activity, such as smuggling. Use of this data is expected to enhance officer and public safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g., away from a subject's residence if there are suspected to be ch ildren or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially avai lable, query-based LPR database fo r ICE law enforcement personnel at ICE offices across the United States in the execution of their official law enforcement duties. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performa nce Requirements The vendor provides: Data Service Content/Scope • The LPR data service shall contain LPR records from a variety of sources across the United States, such as loli road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substantial unique LPR detection records. • The LPR data service shall compile LPR from at least 25 states and 24 of the top 30 most populous metropolitan statistical areas to the extent authorized by law in those locations. Pagc l of6 LA W ENFORCE IVIEWf SEUSITI" E 2018-ICLI-00035 845 o A metropolitan statistical area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office of Management and Budget (OM B) and used by the Census Bureau and other federal government agencies for statistica l purposes. • The LPR data service provider shall demonstmte the number of new unique records that wcre added to the commercially available LPR database each month for the last consecutive twelve (12) months. • The LPR data service shall make available at least 30 million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing simi lar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing simi lar services to other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instmctions and guidance to faci litate use of system. • The ability to compare new user requests with lists of personnel authorized by ICE to use the vendor system. • Automatic verification of accounts wi th the abi lity to audit by using the user's Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or indirectly by the National Law Enforcement Telecommun ication System (NLETS). • The ability to add new users or delete exist ing users within 24 business hours of ICE 's request. • Initial training to orient personnel to the use of their system, including "Help Desk" support related to the usc, access, and maintenance of the system. • System training and "Escalation Procedures" for agency manager and shall include procedures for resetting passwords. • Unlimited technical support to each user. • Periodic or as needed updates to the web interface and mobi le application. The vendor will employ appropriate technical, administrative, and physical security control s to protect the integrity, availabi lity, and confidentiality of the data resident in its system. Functional Requirements Query Capabilities • Before a user is able to perform a query from the main system or mobile application, the system must display upon logon a splash screen that describes the agency' s pennissible uses of the system and data, and requires the user to affinnatively consent to these mles before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be available to the users via a hyperl ink within the main system interface (including any mobile app interface). o The agency wi ll provide the language for the sp lash screen content. Pagc 2 0f6 lAW t;~lfORCH~4H~ r T ~H~l SIT I \I .ti 2018-ICLI -00035 846 • All queries of the LPR data service shall be based on a license plate number queried by the user only, and the data returned in response must be limited to matches of that license plate number only within the specified period of time. • The system will not penn it user queries of the data serviee unless a license plate number is entered. A query can only be conducted by entering a license plate number. • The query interface wi ll include a drop-down fi eld for users to select a reason code for the query from a pre-populated list. The specific reason codes wi ll be provided by ICE. This field is mandatory for conducting a query. • The query interface will require a user to identify whether the user is entering data for him or herself or for another indi vidual. If the user is entering data for another indi vidual, the query interface will require the user 10 enter the name of the other individual. • The query interface must include a free-text field of at least 255 characters for user notes. This wi ll allow for additional infonnation that wi ll assist ICE in referencing the specific case for which the query was performed. Comp leting this field shall be mandatory for conducting a query. • The system will have the capability to limit the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface wi ll have a field for the user to select or input the appropriate timeframe for the query. o The system wi ll display results only for LPR detection records within that timeframe (e.g. , only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets, with a margin of error not more than 2%. • To ensure accuracy of information, the response to a query must incl ude alleast two photos on all hits. o Photos must be of sufficient quality to allow the user to visually eonfinn the license plate and vehicle make/model in the photo are the same as what is represented in the vendor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two different map views, nearest address, nearest intersection and coordinates. o The vendor shall provide a notification mechanism in the event ICE users identify photographs that do not match the data in their system (license plate numbers or make/model mismatches). The vendor shall address all erroneous data. The vendor shall notify ICE and the ICE user of any inputted erroneous data and keep ICE and ICE users infonned of corrections to erroneous data. • The vendor wi ll not use any information provided by the agency (query data) for its own purposes or share the infonnation wi th other customers, business partners, or any other entity. • The vendor will not use ICE's queries (the license plate numbers input into the system) for its commercial purposes. The vendor will only use the queries submitted by ICE to maintain an audit log. • The vendor wi ll ensure ICE user queries are conducted anonymously to ensure other individuals or entities that use the LPR service (whether a law enforcement agency, commercial entity, or otherwise) are not ab le to identify that ICE is investigating a license plate. Alert List Capabilities Page 3 of 6 LAW ENFORCE !"I~WF 3Er 99.0 Operating Schedule 24/7/365 Scheduled downtime $150,000) pursuant to FAR Subpart 13.5, including Brand Name 41 U s.c. § 1901 Date; 12/1 1/20 17 PR Numbec: 70C DCR 18Q00000005 Pursuant to the requirements under the authority of the test program fo r commercial items at 41 U.S.c. 1901 or the authority of 4 1 U.S.c. 1903 Special emergency authority as impl emented by Federal Acqui siti on Regul ati on (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303· 2. I. Agency and Contracting Activity The Department of Homeland Security (DHS), U.S. lmmigrati on and Customs En forcement (ICE) Offi ce of Acqui siti ons Management (OAQ)/Detenti on Management Di vision (DCR), on behalf of the Offi ce of Enforcement and Removal Operati ons (E RO), Homel and Security Investi gations (HSI)" proposes to obtain query·based access to a commerciall y ava ilable Li cense Pl ate Reader (LPR) database under other than full and open competiti ve procedures utilizing the exception spec ified under FAR Subpart 13.501 (a)( I)( ii) " Only One Res ponsibl e Source". 2. Nature and/or Description of the Action Being Approved Thi s Sole Source Ju stification (SS1) approves the issuance of a sole source contract for access to a nati onwide query-based Li cense Plate Reader fo r ICE users. The proposed contract will be a fi rm fi xed pri ce contract and the total potential period of performance of thi s effo rt is two (2) years and nine (9) months, consisting of one ( 1) 41 -day base period, two (2) twelve· month opti on peri ods, and one ( I) eight. month opti on peri ods. The total potential value of thi s requirement is estimated at $6,093,488.00. Thi s action is being taken pursuant to FAR 13.50 I. The government seeks to acquire the required services from Thomson Reuters Special Services (TRSS), LLC located at 1410 Spring Hill Road. Mc Lean, VA 22 102·3058. 3. Description of Supplies/Services DHS ICE/ ERO/HSI has a unique requirement to obtain query-based access to a commerciall y availabl e License Pl ate Reader (L PR) database that meets ICE pri vacy requirements. The LPR data servi ce must provide constant (24 hours, seven days a week) access to a commerciall y availabl e, query-based LPR database for ICE law enforcement personnel located at ICE offices across the United States for the purpose of executing their official law enforcement duties. ICE requires LPR information, obtained in response to queri es of the commercial database, to furth er bt"W [?;'FORCEMH1T ~e~l~ I T I \l ~ 201 8-IC LI-00035 875 its crimi nal law enfo rcement function, including investi gations related to nati onal security, ill egal arm s ex ports, fi nancial crimes, commercial fra ud, human traffi cking, narcotics smuggling, child pornograph y, and immigration fraud , and civil immi gration enforcement mi ss ions. 4. Identification of Statutory Authority Permitting Other Than Full and Open Competition Thi s acti on is being taken under the authority of the Test Program for Commercial Items, 41 U.S.C. 1901 impl emented by Federal Acqui siti on Regulation (FAR) Subpart 13.501. 5. Demonstration that the Contractor's Unique Qualifications or the Nature of the Acquisition Requires the Use of the Authority Cited The use of thi s authority is necessary because onl y one vendor, TRSS, is abl e to sati sfy ICE ' s unique requirement through TRSS' s Partnership with Vigilant Video. The Government requires a nationwide, searchabl e, li cense pl ate reader database with 24/7/365 access, including mobile appli cati on access, that is able to meet ICE pri vacy requirements and is int egrabl e into an ex isting ICE investigati on tool. TRSS has entered into a Partnership with Vigilant Video, whereby li cense pl ate reader data will be provided by Vigil ant Video through CLEAR®, TRSS ' s law enforcement database. Access to LPR data through the CLEAR® portal allows age nts and offi cers to access LPR data through their current suit of electroni c investi gative tools. TRSS currentl y holds ICE law enforcement database contract (Contract Number HSCEM D-1 7-F-00008). Through thi s contract ICE is able to access numerous law enfo rcement databases whi ch enabl e law enforcement in the field to more effecti vely identify, investi gat e and locate indi viduals suspected of criminal acti vity. Addin g LPR fun cti onality is criti ca l to ensuring th at ICE is using all avail able too ls to furth er its criminal law enforcement and ci vil enforcement mi ss ions. Allow ing all sea rches to occur in one system increases the likelihood that the data will be used by the offi cers to more effectively carry out the ICE mi ssion. It also ensures uni formity across the search process increasing the likelihood of success ful outcomes for arrests that rely on thi s informati on. The mobile application will give officers the ability to search pl ates anywhere, anytime, and includ es all the same fun ctionality as the web-based applicati on. Additi onall y, it holds one vendor accountable for all information acquired by law enforcement. Thi s increases the likelihood that in fo rmation relied on by two di ffe rent systems will be accurate and able to withstand any lega l chall enges. Finall y, adding thi s functi onality to a current ICE system allows ICE to timely obtain the required se rvi ces and avoid transiti on, start-up, and ongoing admini strative costs associated with acquiring LPR data through a separate access portal. TRSS, through their Partnership with Vigilant Video, is the onl y known contractor that can prov ide query-based access to a nationwide LPR database, including mobil e application that can meet ICE pri vacy requirement s and operati onal needs. Access ing the LPR database through CLEAR®'s system enabl es ICE to limit the number of sources an agent needs to query for investi gati ve purposes and increases operational effi ciencies in meeting the DHS and ICE mi ss ion. The period of performance for thi s acqui sition was altered to ali gn with offered 2 2018-I CLI-00035 876 CLEAR® pricing and period of performance. 6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. Thi s requirement will be synopsized in FedBizOpps as required by FAR Subpart 5.30 1. In add iti on, thi s justification wi ll be made available for public inspection after award, in accordance w ith FAR 6 .305(a). 7. Determination by the Contracting Officer that the Anticipated Cost to the Government Will be Fair and Reason a ble The following chart details the total cost to obtain query-based access for all ICE users to a commercially avai lable License Plate Reader (LPR) database: Item Description CLIN 0001 Access to License Plate System (A ll ICE Users), Base PeriodPOP: 12/2 1/20170113 112018 CLIN 0002 Access to License Plate System (All ICE Users), Option Period I 0210 1/2018 - 0 1/31 /2019 CLIN 0003 Access to License Plate System (All ICE Users), Option Period 20210 1120 19 - 0 1/3112020 C LJN 0004 Access to License Plate System (All ICE Users), Option Period 3 PO P: 0210 1/202009/30/2020 Quantity Unit of Issue 1.4 MO 12 MO 12 MO 8 MO Estimated Unit Cost Estimated Fixed Price Per Line Item b}(4) Tota The price to provide these services to the Government will be determined fai r and reasonable based on price analysis, including comparison to previous pri ces paid under si milar contracts prior to contract awa rd. Further detai ls can be fo und in the pri ee reasonableness document prepared for thi s proposed action. 8. Description of Market Research ICE is aware of other companies who offer access to a commercial license plate reader database that meet ICE pri vacy requirements. However, those vendors' databases are not availab le to be purchased as one license for all ICE law enforcement personnel , and are not integrated into 3 2018-ICLl-00035 877 ICE's current system. If ICE was to purchase access to an alternati ve commercial li cense plate reader database, ICE would be fo rced to buy individual licenses for all ICE law enforcement personnel who would need access to the database. Thi s would range up to 2,000 indi vidual li censes per year. The management of indi vidual licenses fo r all ICE law enforcement would be extremely burdensome admini strati vely. TRSS has entered into a Partnership with Vigilant Video, whereby li cense pl ate reader data will be provided by Vigilant Video through the current law enforcement database, CLEAR®, provided by T RSS. Thi s service is being offered to cover all ICE users and departments. The CLEAR® database is offe red as one li cense to all ICE users. The current soluti on offe red by TRSS seaml essly integrates access to LPR database that meets ICE law enforcement requirements and pri vacy requirements. 9. An y Other Facts Supporting the Use of Other than Full and Open Competition. Based on th e market research above, the acqui siti on for access to a query-based commerciall y availabl e License Plate Reader (LP R) database from TRSS through Vigilant Video is onl y availabl e through the proposed vendor and is the most cost effecti ve and effi cient method for thi s acqui sition. These database services are extremely beneficial to the function of ERO and HSI as they stri ve to meet their mi ssion. TRSS, through their Partnership with Vigilant Video, is the onl y contractor that can provide a query-based access to a nati onwide LPR database that includes mobile application and can meet ICE pri vacy and operational requirements. Accessing the LP R database through CLEA R®' s system enabl es ICE to limit the number of sources an agent needs to query for investi gati ve purposes and increases effi ciency in meeting the DH S and ICE mi ss ion. Based on the benefits of the T RSS and Vigilant Video Partnership in offering the services through one system and one li cense, the Government is receivin g a unique requirement that is unavail able in the current market. 10. A Listing of the Sources, if An y, That Expressed, in Writing, an Interest in the Acquisition. The requirement fo r thi s contract will be synopsized. TRSS is the onl y established source to express interest in thi s contract. II. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome An y Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required. The Government will continue to monitor the market fo r sources that may be abl e to meet the Government's requirement fo r access to a license pl ate reader database that meets the Government 's fun ctional, operational , and pri vacy requirements. 12. Certifications I certi fy that the facts and representati ons under my cognizance, which are included in thi s justification, meet the Government's minimum need and that the supporti ng data, whi ch form s a basis for thi s justification, is complete and accurate. ICE intends to post the requirement pursuant to FAR 13.501 (a)(I)(;;;) and 6.305(a). 4 2018-I CLI-00035 878 Requirementsrreehnieal Personnel: I certi fy thi s requirement meets the Government ' s minimum need and that the supporting data, which fo rms a basis for this justification, is comp lete and accurate. Kb)(6);(b}(7)(C) Date ERO Section C hi ef Date Xb)(6):(b}(7)(C) HSI Section Chi ef Contracting Officer: I certify that the justification is accurate and complete to the best of my knowledge and belief. ~b)(6); (b}(7)(C) Date Contracting Officer Deputy Chief Acquisition Officer/Competition Advocate: Date ¥b )(6);(b}(7)(C) Deputy Head of Contracting Activity ICE Competition Advocate DHS l iCE I Office of Acqui sition Management (OAQ) 5 2018-ICLI-00035 879 From : Sent: To : Subject: Attachments: fb)(6);(b)(7}(C) 1 Mar 2018 14:58:01 +0000 I Kb)(6);(b}(7)(C) RE : 70CDR18P0000017 mod 1 70CDCR18P00000017 POOOOl.pdf Hi ¥b)(6);(b)(7}( I Attached please find a fully executed version of the modification. Also, how did you want to handle the demo for the App? I know Privacy still wants to see that. Please let me know when you have chance. Thanks, -,1CPPB, CFCM ~tb" )(6,,);:: (b::: )(7,, XC :.:)_ _ _ _ _ Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acqu isition Management (OAO) Phone : 202 - 732 ~ Mobile : 202-345-kb)(6):1 Emai l:Kb)(6);(b)(7}(C) I NOTICE: Th is communicatio n may contain privileged or otherwise confidential information. If you are not an intended recipient or believe you have received this co mmunication in error, any review, dissemination, distribution , o r copyi ng of this message is strictly prohibited. Please inform the sender that you rece ived this message in error and delete the message from your system. From: kb)(6Hb)(7)(C) Sent: Wednesday, February 28, 20 18 12:09 PM To: kb)(6):(b}(7)(C) I Subject: 70CDR18P0000017 mod 1 Kill] Attached please find signed Mod 1. Please let me know if you have any questions. Kind regards, I kh\IRHh\l7\( .............. . ...... ....... ....... kb)(6):(b )(7}(C) Client Relationship Manager Thomson Reuters Special Services, llC M 443-62 Ub)(6Hb)(7)(C) This ema il containsinformationfromThomsonReutersSpeciaIServices.llC.thatmaybesensiti~eandconfidentiaI.This message is to be used solely by the intended recipient. If you are not the intended recipient, then you recei~ed this message in error and are requested to delete it (and all copies). You are further requested to neither reproduce nor share the contents of this message with anyone except the intended recipient and are to notify the sender if this is an erroneous transmission, Your cooperation is appreciated. 2018-IC LI -00035 880 From* b)(6);(b)(7)(C) Sent : Wednesday, February 28, 2018 12 :00 PM To ~(b)(6); (b)(7)(C) I Subject: DHS-ICE-EROjHSI LPR mod 2018-ICLI -00035 881 I' AMENDMENT OF SOUCITATIONIMODIFICATION OF CONTRACT 2. AMENOMEHTIMOOIfICAT1ON NO. 1. EfFECTIVE DATE " REOUISITlON.f>1JRCHASE REO. NO POaaOI See Block 16e 19211BFUGOPS12087.1 1I. ISSUEoav 000' 7. ADMINISTERED BY (IIotherlNnllllm dl ICE/OCR ICE/Detention Compliance , Removals Immigration and Customs Enforcement Office of Acquisition Management 801 I Street , NW FhIIRI-IMl7llr\ I WASHINGTON DC 20536 e. NAME Ant) ADDRESS OF CONTRACTOR rHO.. _ r7i A CONTRACT III COO£ PAGES 3 15 PROJECT/'tO. I/f~J 000' ., ......,.. $I.,. _llP Codoj 9A. AMENOMENT(lf SOUCITATION NO. wEST PUBLISHING CORPORATION p o BOX 64833 SAINT PAUL MN 55164 lIB. DATED (SEE ITEN '" lOA. MODIFICAWc 8'( CON'TRACTIORDER NO. x 10CDCRIBP 0 00011 000' IFACIt.ITY CODE ". , 1485082860000 ~ ~ ,*"" 108. DATED (SEE ITEM 13) 1212212017 ,,~ ~~ ITAnoH o .~ O .noIe>IIIIwFog _ : I_I Ely c:ompletng _ _ 01 ... _ _ II; Ib) 8y~~aI_-an ..... <:neldl copy 01 ... orr.. "*""~ ; or (e) 8)1 ...... -.......,.;pt of II'IiI _ _ pnor 10 nt racu _ _ IS. _ ~ ...-- • ..-..- 10 . . IiOIicitD:n _ .".-.,;....-... F.....URE OF YOUR ACKNO'M.EOGEMENT TO 8E RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND [)ATE SP£CIfIED MAY RE5a.T IN REJECTION OF YOUR OFFER "bjI wtue a/ .... _ )IOU dotsA 10 dW'igof .., .,.,. I<.twnilled • pnMdood ..." ~ or _ . . . - . _ _I _ Of ~.....,;a, See Schedule U . THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTSlMDER8. rr MODIFIES TH£CONTRACTiOROER NO. AS OESCRI8ED IN ITEM 14. A.. THIS CHANGE ORDER IS ISSUED PURSUAHTTO. ($pedfyItU/tOolily) ORDER NO. IN ITEM lOA. THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONlRACT 8. THE ABOVE HlM8l:RED COHTRAC TIOADE.R IS MODifIED TO REFLECT THE AOMINISTRATM CHAHGES fwd! .. o'IwIpn in prjing OIIQ. ~fIiona.lIt. 1«:.) serFORTH IN rrEM 14. PURSUAHTTO THEAUTHORrTYOF FAR43. 10l(b~ C. THIS SUPPLEMENTALAGREEMENT IS ENTERED INTO PURSUAHT TOAUT Eo IMPORTAHT: Contractor o. nol. @ II'~ to Iign Ihio docum.-.t _ 14. OESCRIPTK»I OF AMENDMENTIMOOIFICATION (OtpMllz.a by UCF JIICtIiM hHdo"llS, NIUm ~ 1 ao/iicil.lIioM::onlnlCl ~""'tt.r~ ,..",*.) ~UNS Number; 148508286 Gove rnment POC: k hIlRl-lhll7l/r1 Phone ; 202-132-kb~61: 1 Email: kb)(6),(b)(7)(C) Government POe : l(b)(61:(b)(7)(C) Phone: 2 0 2- 1 32 ~ Email: kb)(6),(b)(7)(C) Contracting Officer : Kb)(6),(b)(7)(C) Phone: 202-132 ~ Continued ... ",.~b)lGSA FAR (., CFR)53 243 2018-ICLI-00035 882 IIEFERENCE NO OF DOCUMENT BEING CONTINUED CONTINUATION SHEET 70CDCR18POOOOOO I 7/ POOOOI 3 NAM E OF OFFEROR OR CON TAACrOR WE ST PUBLIS HI NG CORPORATI ON ITE M NO SUPPLI ES/SERVICES (AI (8) Emil. il: b)(6),(b)(7)(C) aUNlTlTY UNIT (C) (0) UNIT F'RICE AMOU NT (El (f) I There is one (1) r equis i tion a ssociated with t his modif ication : 1921 l8FUGOPSI20 S7 . l The purpos e of t his modification is as follows: Exe r cis e Op tion Pe~io d 1 (2/1/2018-1()1( 2019 ) Move the total funding rb)(4) I from CLIN 21 0001 to CLIN 0002 3J Add fundin g in the amount o f f~h;;.~'!iJ===:::J1 41 Add the Enclos ure 1 - SBU Se curity La nguage t Indus trial Security SOP 5) Add the follow ing la nguage to the SOW. l( C . 9 Reporting In the event tha t TRSS o r i ts par tners discove r or suspect misu se o f t he se rvi c e by an individu al , i t shoul d be r epor ted to the COR or Contrac ting Offi ce r as soon as practicable aft er the d iscove ry but in no eve nt lat er t han 24 hours after discovery . All ot her pr ices , terms and condit i o ns rema i n t h e s ame. Exempt Action : Y Sen sitive Award: PI! Di scount Te r ms : Net 30 FOB: Des tination Period of Performance: 12/22/2017 to 09/21/2020 Change Item 0001 to read as follows(amoun t shown is the obligat ed amount) : 0001 Bas e Per iod - 12(22 (2017 - 01/31/ 201 8 ACCES S TO LICENSE PLATE SYSTEM (Al l ICE Use rs) This is a firm-fixed Price ( ffP ) CLIN. Fully funded Obli gat ion Amount : 1!b'l/4\ I Product /Se r vice Code: 0317 Product/Servi ce Desc ri ption : IT AND TELECOMWEB -BASED SUB SCRIPTI ON kb)(4) b)(4 );(b )(7}(E) Continued . .. OPTION.'.!. FOR'" 1M (. M) Sj>ool«oONAL FORM l lS (.... 56) ~..".o 99% uptime. With the except ion of scheduled outages, LEARN Hosted LPR Services will be accessible 2417/365 . We agree that downtime shall not eclipse (4) hours in any given month, with the exception of major upgrades or system mi gration s. We agree that the mean time between fai lures (MTBF) will not exceed a mean of 4,000 hours between fai lures. Vigil ant 's average LPR Query Response Time for a Single exact Plate is reliably fa st; however, we cannot guarantee 99.0 Operating Schedule 24/7/365 Schedu led downtime 'OUE!H)'M'ED SIM1J. IUSiNESS SIUP\.IESiSEIMCCS (A) (B ) (e) UNIT (D) UN IT PRICE AMOUNT (E) (F) apply only to t he purchase order resulting for ICE solici t ation 70COCR18Q00000005 . Exempt Action : Y Sensitive Award : PII Period of Performance : 12/22/2017 to 09/21/2020 0001 Base Period - 12/22/2017 - 01/31/2018 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . Product/Service Code : 0317 Product/Service Descript ion : IT AND TELECOMWEB-BASED SUBSCRIPTION Requisi t ion No : 192118FLMURQ0008 , 192118FUGOPS12087 kb)(4) b)(4);(b)(7)(E) Per~od 0002 of Performance : 12/22/2017 to 01/31/2018 Option Period 1 - 02/01/2018 - 01/31/2019 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . 12 MO kb)(4) 12 MO Kb)(4) Amou nt : kh\(4\ I( optio n Line Item) 02/20/2018 Produ ct/Service Code : 0317 Produ ct/Service Descript ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Acco un t ing Info : Funded : fiill!LJ Period of Performance : 02/01/2018 to 01/31/20 1 9 0003 Optio n Period 2 - 02/01/20 1 9 - 01/31/2020 ACCESS TO LI CENSE PLATE SYS TEM (Al l ICE Users) Cont inued ... NSN 7S4()..()t · t52-8067 OPTIONAl. FORM:J.3Il (H I6) Sponsored 2018-ICLI -00035 968 b\' GSA FAR (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLISHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) Th is is a Firm-Fixed Price (FFP) CL IN . Amoun t : Kb\(4\ I (Option Line Item) OS/20/2018 Product/Service Code : D317 Product/Service Descripti o n : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2019 to 01/31/2020 0004 Optio n Period 3 - 02/01/2020 - 09/30/2020 ACCESS TO LICENSE PLATE SYS TEM (Al l I CE Users) This is a Firm-Fixed Price (FFP) CL IN . 8 MO Amoun t : Wb)(4) i! optio n Line Item) 08/20/2018 Product/Service Code : 0317 Product/Service Descript ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2020 to 09/30/2020 I nvoice Ins t ructions : ICE - ERO/ HSI Con t rac t s Service Providers/Cont ractors shall use t hese procedures whe n submi t ti ng an invo ice . 1 . I nvo i ce Submission : Invoices s ha l l be submitted in a " . pdf " format i n accorda n ce with t he contract te rms a nd conditions [Contract Special i st and Con t rac t ing Officer to d i sc l ose if o n a mo n th l y basis or other agreed to terms " ] via e mai l , Un ited States Posta l Service (USPS) or facs imi l e as follows : a) Email : • kb)(6l:(b)(7)(C) • Cont ract ing Off i cer Representat i ve (COR) or Gover nme n t Poi n t of Contact (GPOC) • Con tract Specia l ist/Co n tracting Officer Each email sha l l contai n o nl y (1) invoice a nd the i nvo i ce number shall be indicated on the subject l i ne of the email . b) USPS : Cont inued NSN 7540-01·152-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 969 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO.OF DOCUMENT BEING CONTINUE D CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO. SU PPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) DHS , ICE Fi na nc ia l Operations - Burlington P . O. Bo x l620 Williston , VT 05495-1620 ATTN : I CE-ERO-FHQ-CED The Con t rac t o rs Data Un iversal Numberin g System (DUNS) Number mus t be registered and ac tive i n the System f o r Award Man age men t (SAM) at h t t p s : //www . sam.gov prior to award and s hall be nota t ed on e v er y i nvoic e s ub mi t ted to e ns ure p romp t payment prov is i o ns are met . The I CE p rogram office ident if ied in the task order/co n tract shall also be nota t ed on e v er y i nvo i ce . c ) Fa cs imi l e : Alternative Invoices shall be submitted t o : {802)-288-7658 S ubmi ssions by facsi mi le shall include a cov er sheet , point o f contact and the n umber of total pages . No te : the Service Providers o r Con t racto rs Dunn and Bradstreet ( D&8) DUNS Number mus t be r egis t ered in t he System for Award Mana geme nt (SAM) at h ttps : //www . sam . gov p rior to award and shall be no tated on ever y invo i ce submi tted to e ns ure prompt payment p ro vis ion s are me t . Th e I CE p rogram office ident if ied in the task order/co n tract shall also be nota t ed on e v er y i nvo i ce . 2 . Content of I nvo ices : Each i nvoice shall conta i n t he fo l lowin g i nformati on in acco r dance wi th 52 . 212-4 (g) , as applicable : ( i ) . Name and address of t he Serv i ce Provider/Contractor . Note : the na me , address and DUNS number on the invoice MUST matc h t he i n for mati o n in b oth the Contrac t/ Ag reeme n t and t he in formatio n in t he SAM . If payment i s remitted to another entity , the name , address and DUNS information of that entity mu st also be provided which wil l require Governme n t Continued .. . NSN 7S4ll-Ot·t52-8067 OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 970 Sponsored b\' GSA FAA (03 CFR) 53. '1 0 FER ENCE NO. O F DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLIS HI NG CORPORAT I ON ITEM NO. SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) verifica t ion before payment can be processed ; (ii) . Dun n and Brads t ree t (D&B) DUNS Nu mber : ( i ii) . I nvoice da t e a nd invoice number ; (iv) . Ag ree men t /contrac t nu mber , con t rac t line item number and , if applicable , the order n umber ; (v) . Description , qua n tity , unit of measure , un it price , exte nded price a nd period of pe r for mance o f the i t e ms or services delivered ; (vi) . If applicable , shipp ing number and da t e of shipmen t, i n cluding the bill of ladi ng n umber and weight of shipmen t if shipped on Governmen t bill o f lading ; (vii) . Terms o f a n y discou nt for prompt paymen t offered ; (vii i ) . Remit to Address ; ( i x) . Name , title , a nd phone number of person to reso l ve invoicing iss ues ; ( x ) . I CE program office designated o n order/co n tract/agreement a nd ( x i) . Mark invoice as "In terim " (Ongoing performa n ce and addi t ion al bil l ing e xpected) a nd " Fina l" (performa n ce complete and no additiona l billi ng) ( x ii) . El ectron ic Fu nds Tra n sfer (E FT ) ban king i n for matio n in accordance with 52 . 232 - 33 Payme n t by El ectron ic Funds Tra n sfer - System for Award Manageme n t or 52 - 2 32 - 34 , Payme n t by Electro n ic Funds Transfer - Other tha n System for Award Manageme n t . 3 . I nvo i ce Supporting Documentation . To ens u re payme n t , t he vendor mu st submit support ing docu mentat i on which provides s ubstantiation for t he invoiced costs to t he Contracting Of f icer Represe n tative (COR) or Poi n t of Contact (POC) identif i ed in the con tract . Invoice charges must Cont inued .. . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 971 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BEING CONTINUE D CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO_ SU PPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) align with t he con tract CLINs. Supporting documen t ation is required when guaranteed minimums are exceeded and when allowable costs are incurred . (i ii ) Fi rm Fixed-Price CL INs . Supporting docu men ta t io n is not re qu ired f or charges for FFP CLINs . 4 . Safeguarding I n for mati o n : As a contractor or v endor conducti ng business with Immi g ra ti o n and Customs Enforcement (ICE) , you are required to comply with DRS Po lic y regarding t he sa f egua rding o f Sensitive Personally Ide n ti f iable In form at io n (P Il ) . Sensitive PIl is in fo rmation t ha t iden ti f i es an i nd iv idual, in cl ud i ng an alien , and could result i n harm , e mbarrassme n t , i nco nve ni e nce or u nfa irness . Examples o f Sensitive PI I i nc l ude i nformat i on such as : Socia l Security Numbers , Al i en Re gist rat i on Numbers (A-Numbers), or comb inat ions o f i n forma ti o n such as the individua ls na me or other u ni que iden ti f i er and fu l l date o f birth , c i tizens h ip , or i mmi g ra t ion status . As pa rt of your obli ga t io n t o safeguard i nformati o n , the fol low precautions are re qu ired : (i) Email s uppo rt i ng doc ume n ts containing Sensitive PI I i n an e nc r ypted attachmen t with password sent separate l y to the Contracting Officer Representative assigned to the con t rac t . Iii) Never leav e paper doc umen ts con ta i ni n g Sensitive PI I u na t te nded and u ns ecure . Whe n no t i n use , t hese doc ume nts will be l ocked in drawers , cabinets , desks , e t c . so the i nformati on is no t accessib le to t hose without a need to kno w. (iii) Use s h redders whe n discarding paper documents contain i ng Sensitive PI I . (iv) Refer to the DHS Ha ndboo k for Safeguarding Sensitive Pe rso n a l ly Iden t i f i able In f orma t ion (Marc h 20 1 2) found at f b )(7){E) Continued NSN rS4ll-Ot·t52..aoor OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 972 Sponsored b\' GSA FAA (03 CFR) 53. '10 FERENCE NO_OF DOC UMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAME OF OFFE ROR OR CONTRACTOR WEST PUBL I SHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES (A ) QUANTITY (8 ) (e ) UN IT ( D) UN IT PRICE ( E) AMOUNT (F ) f for mo re informatio n on a nd /or examp les of Sens it ive PIr. 5 . I nvoice Inqu i ries . I f yo u hav e q uest i ons regardi ng p a yment , please contact ICE Fin a n cia l Ope r a t io n s at 1-877- 4 91-6521 o r b y e-mai l at kb)(6Hb}(7)(C) The t ota l a mou n t of a ward : kbll4 1 The obli g at i on f o r th i s a ward i s s h o wn i n bo x 26 . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6 ) 2018-ICLI -00035 973 Sponsored by GSA FAA (03 CFR) 53. ' 10 Statement of Work Access to License Plate Reader Commercial Data Service C.I. lNTRODUCTION AND BACKGRO UND. The intent of this Statement of Work (SOW) is to describe ICE's operational requirements to obtain querybased aeccss to a commcrcially avai lable Liccnsc Platc Rcadcr (LPR) databasc to support its cri minal and immigration law enforcement missions. A commercial LPR database stores recorded vehicle license plate numbcrs from camcras cq uippcd with liccnsc platc rcadcr technology. Rccords arc uploadcd into thc systcm from a variety of governmental and private sources including, but not limited to, access control systems such as toll road or parking lot camcras, vchiclc rcposscssion companics, and law cnforccmcnt agencics. Licenses to access the commercial database are sold to commercial consumers as well as 10 law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database. ICE wi ll use LPR information obtained in response to queries of the commercial database to further its criminal law enforcement and civi l immigration enforcement missions. ICE immigration enforcement personnel will query the LPR database using known license plate numbers associated with subjects of their immigration enforcement activities, to determinc whcre and when the vehicle has traveled withi n a specified period of time. The results of the queries will assist in identifyi ng the location of aliens to further ICE's immigration enforcement mission. ICE will also use LPR infonnation obtained from the commercial database to furthe r its criminal law enforcement mission, which includes investigations relatcd to national sccurity, illegal arms exports, fina ncial crimes, commercial fraud, human trafficking, narcotics smuggling, ch ild pornography, and immigration fraud. For example, use of LPR data in this context could he lp to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal activity, such as smuggling. Use of this data is expected to enhance officer and publ ic safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g. , away from a subject's residence if there are suspected to be children or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially available, query-based LPR database for ICE law enforcement personnel at ICE offices across the United States in the execution of their official law enforcement duties. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performance Requirements The vendor provides: Data Service ContentJScope • The LPR data service shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substant ial unique LPR detection records. • The LPR data service shall compile LPR from at least 25 states and 24 of the top 30 most populous metropolitan statistical areas to the extent authorized bv law in those locations. o A metropol itan statistical area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office 2018-ICLI-00035 974 of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies fo r statistical purposes. • The LPR data service provider shall demonstrate the number of new unique records that were added to the commercially available LPR database each month for the last consecut ive twelve (12) months. • The LPR data service shall make avai lable at leastJO million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing similar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing simi lar services to other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instructions and guidance to fac ilitate usc of system. • The abil ity to compare new user requests with lists of personnel authorized by ICE to usc the vendor system. • Automatic verification of accounts with the ability to audit by using the user's Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or indirectly by the National Law Enforcement Telecommunication System (N LETS). • The ability to add new users or delete existing users within 24 business hours of ICE's request. • Ini tial training to orient personnel to the usc of their system, including " Help Desk" support related to the use, access, and maintenance of the system. • System training and "Esca lation Procedures" for agency managcr and shall include procedures for resetting passwords. • Unlimited technical support to each user. • Pcriodic or as needed updates to the web interface and mobile application. The vendor will employ appropriate technical, administrative, and physical security controls to protect the integrity, availability, and confidentiality of the data resident in its system. Functional Requirements Query Capabilities • Before a user is able to perform a query from the main system or mobile appl ication, the system must display upon logon a splash screen that describes the agency's pennissible uses of the system and data, and requires the user to affirmatively consent to these rules before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be avai lable to the users via a hyperlink within the main system interface (including any mobile app interface). o The agency will provide the language for the splash screen content. • All queries of the LPR data service shall be based on a license platc numbcr queried by the user only, and the data returned in responsc must be limited to matchcs of that license platc number only within the specified pcriod of time. 2018-ICLI-00035 975 • The system will not permit user queries of the data service unless a license plate number is entered. A query can only be conducted by entering a liccnse plate number. • The query interface will incl ude a drop-down field fo r users to select a reason code for the query from a pre-populated list. The specific reason codes wil l be provided by ICE. This field is mandatory for conducting a query. • The query interface wi ll require a user to identify whether the user is entering data for him or herself or fo r another individual. If the user is entering data for another individual, the query interface will require the user to enter the name of the other individual. • The query interface must include a free- text field of at least 255 characters for user notes. This wi ll allow for additional information that will assist ICE in refcrencing the specific case for which the query was performed. Completing this field shall be mandatory for conducting a query. • The system will have the capability to limit the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface wi ll have a field for the user to select or input the appropriate timeframe fo r the query. o The system will display results only for LPR detecti on records within that timeframe (e.g. , only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets. • To ensure accuracy of information, the response to a query must include at least two photos on all hits. o Photos must be of sufficient quality to allow the user to visually confirm the license plate and vehicle make/model in the photo are the same as what is represented in the vendor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two different map views, nearest address, nearest intersection, date and time the license plate was captured, GPS coordinates, and source of the record. o The vendor shall provide a notification mechan ism in the event ICE users identify photographs that do not match the data in their system (license plate numbers or make/model mismatches). The vendor shall address all erroneous data. The vendor shall notify ICE and the ICE user of any inputted erroneous data and keep ICE and ICE users informed of corrections to erroneous data. • The vendor will not use any information provided by the agency (query data) for its own purposes or provide access or disclose such information to other customers, business partners, or any other individual or entity. • The vendor will not use ICE' s queries (the license plate numbers input into the system) for its commercial purposes. The vendor will only use the queries submitted by ICE to maintain an audit log. Alert List Capabilities • The LPR data service sha ll provide an "Alert List" feature that wi ll allow ICE users to save license plate numbers so they wi ll be automatically queried agai nst new records loaded into the vendor's LPR database on an on-going basis. Any matches wi ll result in a near real-ti me notification to the user. 2018-ICLI-00035 976 • The LPR data service Alert Li st wi ll provide capabil ities to share Alert List notifications between ICE users involved in the investigation. • The Alert List feature wi ll: I) Automatically match new incoming detection records to user-uploaded orentered Alert Lists containi ng the license plate numbers of interest in the investigation; 2) Send an emai l notification to the user originating such Alert List records and to any ICE user that has been shared the Alert List indicating there is a license plate match to new records in the system; and 3) Provide within the LP R system for download a PDF case fi le report for the match (wi th maps, vehicle images, and all pertinent detection & Alert Li st record information) for each email alert notification. The notification must be able to be limi ted to the user o r a use r group of ICE law cnforcement officers involved in the speci fi c investigation. The notification will comply with all applicable laws, including the Driver' s Privacy Protection Act of 1994 , 18 U.S.c. §§ 2721-2725. • The LPR data service wi ll allow specifica lly designated users to batch upload a maximum of 2,500 license plate records into the "Alert List". The batch upload will be in the form of a si ngle comma separated variable (CSV) fi le with data fiel ds to include, but not li mited to the fo llowing: Plate number; State of Registration; Vehicle Year, Make, Model & Color; reason code and an open text fi eld, of at least 255 characters, fo r a user note to assist in referencing the specific purpose / investigation / operation for which the query was performed. • • The Alert List function wi ll include an automated capability that fl ags license plates for de-confliction. License plate pictures taken with the automated Optical Character Recognition (OCR) plate numbcr translation shall be submitted to the LPR data service system for matching with license plates on any eurrent ICE Alert List. Any positive matches shall re turn to the iOS appl ication (identified below) alerting authorized users of a positive match. These pictures will be uploaded into the data service que ry by an authorized ICE user along with any mandatory information needed fo r a no rma l query. The pictures will be retained in the vendor's system for audit purposes only and wi ll not be otherwise accessible or usable for search purposes. • Each license plate number on an Alert List wi ll be va lid for one year unless the user removes it before expira tion. The system wi ll prompt use rs two weeks prior to expiration and require the user to a ffirmati vely indicate that there eontinues to be an operational requi rement to keep the particular license plate entry on the Alert List active, or be given the option to delete the license plate from the Alert List. Prompts should continue periodically until the expiration date is reached. The system will grant the user an additional week after expirat ion to re new the entry in the Alert List. If the user does not re new, the system shal l remove the license plate number from the Alert List. • All Alert List activity shall be audi ted to capture user name, date and time, reason code, and use r note associated with the query, as well as license plate number entry, deletion, renewal, and expiration fro m the alert list. • The vendo r shall not retain any data entered onto an Alert Li st except as part of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert List. Mobile Device Capabilities • The LPR data service shall fea ture an iOS-compatible mobile appl ication that allows authorized ICE users to: o Query the LPR data service by entering the license plate number, state of registrat ion, reason code, and the ability to add returned positive matches into the Alert List. 2018-I CLI -00035 977 • o Have quick access and recall of any queries and Alert Lists associated with the user or designated user group. The vendor application wi ll delete any saved data on the mobile device after 60 days, ifnot already deleted manually by the user. o Provide capabilities to share Alert List notifications between ICE users involved in the investigation. The mobile application wi ll conform to all other performance, privacy, and functional requirements identified in the SOW. The vendor shall coordinate with ICE to make sure that the mobile application undergoes the required privacy assessment prior to use. Audit alld Reporting Capabilities • The vendor shall generate an immutable audit log in electronic fo rm that chronicles the fo llowing data: o Identity of the user initiati ng the query or the person on whose behalf the query is initiated, if diffe rent; o Exact query entered, to include license plate number, date limitations, geographic limitations (if applicable), reason code, and any other data selected or input by the user; o Date and time of query; and o Results of the query. • All Alert List activity shall be aud ited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall provide to IC E user audit reports on a quarterly basis and upon request. Audit reports shall contain the audit log information of a given user(s) for the specified period of time. The vendor shall provide the audit log in electron ic form via secure transmission to ICE promptly upon request. The format of the audit log shall allow for ICE to retrieve user activity by user name (or 10), query entered (e.g., particular license plate) and date/time. The exact technical requirements and format for the audit log will be negotiated after contract award. • The vendor shall promptly cooperate with an ICE request to retrieve and provide a copy of the actual records retrieved from the LPR data service in response to a particular query, or any other data relevant to user activity on the vendor system, for purposes of the agency's internal investigations and oversight. • The vendor shall not use audit trai l data fo r any purpose other than those specified and authorized in th is contract. • The vendor is to provide quarterly, or upon request, statistics based on positive hits agai nst the number of requested searches and hit list. • The audit logs specified in this statement of work are records under the Federal Records Act. The vendor shall mai ntain these records on behalf of ICE throughout the life of the contract, but for no more than seven (7) years. The vendor is not authorized to share these records, or the Alert List data, with any outside enti ties incl uding other law enforcement agencies. At the end of the contract, the vendor shall extract, transfer, and load these records (including any still-active Alert List data, if requested by ICE) to another storage medium or location specified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After successful transfer of these records, the vendor shall ensure all copies of the records (incl uding any stil l-active Alert List data) are securely deleted from all networks and storage media under its control or under the contro l of any of its agents or subcontractors. The vendor shall meet the fo llowing Key Performance Parameters (KPPs): 2018-I CLI-00035 978 1\1ctnc LPR Data Service l lnit of Mcasurc l\1immum Uptime - Unit of measure 100% > 99.0 Operating Schedu le 24/7/365 Schedu led downtime 99.0 Operating Schedule 24171365 Scheduled downtime 99.0% Validated User/Customer Complaints 100% Inspcction >99% Monitored monthly during the Transition In period. Contractor sel fmonitoring and Validated Use r/Customer Complaints 100% inspection Metrics will be reported in CPARS. Less than 5 seconds after submission 95% Monitored mo nthly during the life of the contract Contractor Selfmonitoring and Vali dated User/Customer Complaints 100% Inspection Metri cs wi ll be reported in CPARS. Performance Indicator 2018-ICLl -00035 982 4. METHODS OF QUALITY ASS URANCE (QA) SURYE ILLANCE Regardless of the surveil lance method, the COR shall always contact the Contractor's task manager or onsite representati ve when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the CO, shall be responsible for monitoring the Contractor' s performance in meeting a specific performance standardlAQL. Various methods exist to monitor performance. The COR wil l use the surveillance methods listed below in the administration of thi s QASP. a. PER IODIC INSPECTION • Schedul ed quarterly inspection of audit logs or as required b. V AUDATED USER/CUSTOMER COM PLAIN TS The Contractor is expected to establ ish and maintain professional communication between its employees and customers. The primary objective of thi s communication is customer satisfaction. Customer sati sfaction is the most significant external indi cator of the success and effectiveness of all services provided and can be measured through customer complaints. Perfonnanc e management drives the Contractor to be customer focused through initially and internal ly addressing customer complaints and invest igating the issues and/or problems but the customer always has the option of commun icating complaints to the COR, as opposed to the Contractor. Customer complaints, to be considered va lid, must be set forth clearly and in writing the detailed nature of the compla int, must be signed, and must be forwarded to the COR. Customer fee dback may also be obtained either from the resu lts of customer satisfaction surveys or from random customer complaints. • • • Review of identifi ed defic iencies and or complaints made by users of the services Investigate and validate Review of notification of report d iscrepancies c. 100% INSPECTION • • • • Review of LPR Data Service uptime Review of Scheduled Downtime Review Meantime Between Fail ure (MTB F) Review Overall Support Service Availab il ity d. Analysis of Contractor's progress report . The Contractor is req uired to provide a weekly progress report that will be used to communicate the Contractor's status in the Transition phase. e. Performance reporting. Survei llance results will be used as the basis for actions aga inst the Contractor Past Performance Report. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO's actions. 2018-ICLI-00035 983 5. DOCUMENTI NG PERFORMANCE Documentation must be accurate and thorough. Completeness, currency, and accuracy support both sati sfactory and unsatisfactory perfonnancc a. ACCEPTABLE PERFORMANCE The Government shall document positive performance. All positive performance should be documented by an email to the COR describing the outstanding perfonnance and why it is of value to the Government. This information shall become a part of the supporting documentation for the Contractor Performance Assessment Reporting System (CPARS) and the QASP b. UNACCEPTABLE PERFORMANCE When unacceptable pcrfonnancc occurs, the COR shall infonn the Contractor. This will be in writing unless circumstances necessitate verbal communication. in any case the COR shall document the discussion and place it in the COR file. When the COR determines formal wri tten communication is required, the COR shall prepare a Contract Di screpancy Report (CDR), and present it to the Contractor's representati ve. A CDR template is avai lable upon request to the Contracting Officer. The Contractor wi ll acknowledge recei pt of the CDR in writing. The CD R will spec ify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable perfomlance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to prese nt th is corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to detennine acceptability. Any CDRs will become a part of the supporting documentation for Past Performance. 6. FREQUENCY OF MEASUREMENT Wh ile the Contractor is fully expected to comply with all requirements in the PWS, the Government's assessment of Contractor performance will focus mainly on the objectives listed in the AQL column of the Performance Standards Summary Matrix. The COR wi ll monitor the Contractor's performance to ensure it meets the standards of the contract. Unacceptable perfonnance may result in the Contracting Officer taking any of the fo llowing actions: Require the Contractor to take necessary action to ensure that future perfonnance confonns to contract requirements, reduce the contract price to reflect the reduced value of the services, issue a Contract Discrepancy Report, or require the Contractor to re-pcrfonn the service. In addition, the Contractor 's performance will be recorded annually in the Contractor Perfonnance Assessment Report (CPAR). Signature - Contracting Officer's Representative Signature - Contracting Officer 2018-I CLI -00035 984 ATrACHMENT 3: TE RMS AND CON DI T IONS CUSTOM CO ADDED TERM S AN D CON DITIONS In the case ofa conflic t between the terms and conditions of the contractor's agreement and the terms and cond itions of this purchase order, all appl icable federa l statutes and regulations shall govern. 52.204-21 BASI C SAFEGUARDING OF COVE RED CONTRACTOR INFORMATION SYSTEM (JUN 2016) (a) Definitions. As used in this clause"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract informat ion. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or del iver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. " Information" means any commun ication or representation of knowledge such as fac ts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Securi ty Systems Instruction (CNSSI) 4009). " Information system" means a discrete set of information resources organized fo r the col lection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or control s that are prescri bed to protect info rmation systems. (b) Safeguarding requirements and procedures. (\) The Contractor shall apply the following basic safeguarding rcquircments and procedures to protect covered contractor infonnat ion systems. Requiremcnts and procedures fo r basic safeguarding of covered contractor informatio n systcms shall include, at a minimum, the following security controls: (i) Limit informa tion system access to authorized users, processes acting on bchalf of authorized users, or devices (including other information systems). (ii) Limit infonnation system access to the types of transact ions and funct ions that authorized users are pennilled (0 execute. (ii i) Verify and control/limit connections to and use of external informat ion systems. (iv) Control infonnation posted or processed on publ icly accessible information systems. (v) Identify information system users, processes acting on behal f of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowi ng access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Infonnation before d isposal or release for reuse. (viii) Limit physical access to organizational infonnation systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases arc available. 2018-ICLI-00035 985 (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguardi ng requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including th is paragraph (c), in subcontracts under this contract (including subcontracts fo r the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its info rmation system. 52.209-07 INFORMATION REGARDING RESPONS IBILITY MATTERS (JUL 2013) (a) Defi nitions. As used in this provision. "Admini strative proceeding" means a no n-judicial process that is adjudicatory in nature in order to make a detem1ination of fault or liabi lity (e.g., Securities and Exchange Commission Administrative Proceedings, Civi lian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State leve l but only in connection with performance of a Federal contract or grant. It does not include agency actions suc h as contract audits, site visits, corrective plans, or inspection of deliverables. " Fcderal contracts and grants with total value greater than $ 10,000,000" means. (I) The total value of al l current, active contracts and grants, including all priced options; and (2) (2) Thc total value ofa l! currcnt, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). " Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibi lities within a business ent ity (e.g., general manager; plant manager; head ofa division or business segment; and similar positions). (b) The offeror [1 has [ ] does not have current active Federal contracts and grants with total value greater than S I 0,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (F APII S) is current, accurate, and comp lete as of the date of submission of this offer with regard to the fo llowing information: (1) Whether the offeror, and/or any of its principals, has o r has not, within the last fi ve years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a fi nding of fault and liabil ity that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more. (ii i) In an administrative proceeding, a findi ng of fault and liabi lity that rcsu lts in. (A) The payment of a monetary fine or penalty of$5 ,000 or more; or (B) The payment ofa reimbursemcnt, rcstitution, or damages in exccss ofS 100,000. (iv) In a criminal, civil, or administrative procecd ing, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor ifthc proeecding could have led to any of the outcomes specified in paragraphs (c)( I lei), (c)( I )(ii), or (c)( I )(iii) of this provision. 2018-ICLI-00035 986 (2) [fthe offeror has been involved in the last five years in any of the occurrences listed in (c)(I) of this provision, whether the offeror has provided the requested infonnation with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)( I)(i) through (c)(I)(iv) of this provision in FAPllS as required through maintaining an active registration in the System for Award Management database via https:llwww.acquisi tion.gov(see52.204-7). S2.212-IINSTRUCTIONS TO OFFERORS. COMMERCIAL IT EMS (J AN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisi tion appear in Block [0 of the sol icitation cover sheet (Sf. [449). However, the small business size standard for a concern which submi ts an offer in its own name, but which proposes to furnish an item which it did not itse[fmanufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF [449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show. ([) The sol icitation number; (2) The time specified in the solicitation fo r receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A tcchnical dcscription ofthc itcms bci ng offcrcd in sufficient detail 10 cva[uatc comp[iancc with thc requircments in thc solicitation. This may include productl itcrature, or other documents, if necessary; (5) Tern1s of any express warranty; (6) Price and any discount terms; (7) " Rcmit to" address, if different than mai ling address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete e lectronically); (9) Acknowledgment ofSo[ici tation Amendments; ([ 0) Past performance information, when included as an evaluation fac tor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (II) Irthe offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the tenns and conditions of the sol icitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer finn for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the sol icitation. (d) Product samples. When required by the sol icitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in Ihis solicitation, these samples shall be submitted at no 2018-ICLI-00035 987 expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward test ing. (e) Multiple offers. Offerors are encouraged to submit mUltiple offers presenting alternative terms and condit ions, including alternative line items (provided that the alternat ive line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitat ion. Each offer submitted will be evaluated separately. (t) Late submissions, modifications, revisions, and withdrawals of offers. (I) Offerors arc responsible for submining offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time speci fi ed in the sol icitation. lfno time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and. (A) lfit was transmitted through an cleetronic commerce method authorized by the sol icitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (8) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this sol icitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to estab lish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, othcr documentary evidence ofreceipt maintai ned by the installation, or oral testimony or statements of Government personnel. (4) If an cmergeney or unanticipated event intelTUpts normal Govcrnment processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the so licitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the firs t work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral so licitations may be withdrawn orally. If the sol icitation authorizes facs imile offers, offers may be withdrawn via facsimile received at any time before the exact time set fo r receipt of offers, subject to the conditions specified in the sol icitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is establ ished and the person signs a receipt for the offer. (g) Contract award (not applicable to Invi tation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct di scussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such 2018-ICLI-00035 988 action is in the public interest; accept other than the lowest offer; and waive informali ties and minor irregularit ies in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qual ifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right 10 make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availabi lity of requirements documents cited in the sol icitation. (I)(i) Thc GSA Indcx of Fcderal Spccifieations, Standards and Commercialltcm Descriptions, FPMR Part 101-29, and copics of spccifications, standards, and commcrcial itcm descriptions cited in this solicitation may be obtaincd for a fee by submitting a request to. GSA Fcderal Supply Scrvicc Spccifieations Sect ion Suitc 8100 470 East L' Enfant Plaza, SW Washington, DC 20407 Telephonc (202) 619-8925 Facsimile (202) 6 19-8978. (ii) Ifthc Gcncral Serviccs Administration, Dcpartmcnt of Agriculturc, or Departmcnt ofYctcrans Affairs issucd this sol icitation, a single copy of spccifieations, standards, and commercial item descri ptions citcd in this solicitat ion may be obtaincd free of charge by submitting a request to the addressec in paragraph (i)(1 lei) of this provision. Additional copies will bc issucd fo r a fcc. (2) Most unclassified Defense specifications and standards may be downloadcd from the fo llowing ASSIST wcbsites: (i) ASSIST (https:llassist.dla.mil/online/startJ). (ii) Quick Search (http;llguieksearch.dla.mi ID. (ii i) ASS1STdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by. (i) Using the ASSIST Shopping Wizard (https:llassist.dla.millwizardlindex.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (ii i) Ordering from DoDSSP, Building 4, Section 0 , 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their prcparation, publication, or mai ntenance. U) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of$3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" 2018-ICLI-00035 989 followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (E FT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying al ternative EFT accounts (see subpart 32 . 11) for the same entity. If the Offeror does not have a un ique enti ty identifier, it should contact the enti ty designated at www.sam.gov fo r unique entity identifier establishment directl y to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the enti ty designated at www.sam.gov for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, duri ng performance and through final payment of any contract resulting from this sol icitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracti ng Officer wi ll proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through hllps://www.acquisition.gov. (I) Debriefin g. If a post-award debriefing is given to requesting offerors, the Government shall diselose the following information, if applicable: (I) The agency's evaluation of the significant weak or deficient fac tors in the debriefed offeror' s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commcrcial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable respo nses to relevant quest ions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, appl icable regulations, and other applicable authorities were fo llowed by the agency. (End of provision) S2.212-2EVAL.. UA TION. COMMERCIAL.. ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: I. Technical Approach II. Past Perfonnance II I. Price Technical and past performance , when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option 2018-ICLI-00035 990 prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A writtcn noticc of award or acceptance of an offer, mailed or otherwise furnishcd to the succcssful offcror within the time for acceptance specified in the offer, shall result in a binding contract without fu rther action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 (NOV 2017) OFFEROR REPRESENTATIONS AND CERTIFICATIONS. COMMERCIAL ITEMS The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electron ically via the System fo r Award Management (SAM) website located at https:llwww.sam.gov/portal. If the Offcror has not completed the annual represcntations and ccrtificatio ns electronically, thc Offeror shall completc only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision. "Econom ically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which arc controlled by, onc or morc womcn who arc citizcns ofthc Unitcd Statcs and who arc economically disadvantaged in accordance with 13 CFR part 127. It automatically quali fies as a women-owned small business eligible under the WOSB Program. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or morc cntitics that control an immcdiate owner of tile offeror. No entity owns or exercises control of the highest level owner. " Immediate owner" means an entity, other than the offeror, that has di rect control of the offeror. Indicators of control include, but are not limited to, one or more of the fo llowing: ownership or interlock ing management, idcntity of intcrests among family mcmbers, shared fac ilitics and cquipment, and the common usc of cmployees. " Inverted domestic corporation", means a fore ign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(bl, appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except. (I) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Ani mals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Gradcs of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricul tural and Forestry Products; (8) PSC 96 10, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. " Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the fi nished product that is to be provided to the Government. If a product is disassembled and reassembled, the place ofreasscmbly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mi neral extraction activities, o il-related activities, or the production of mi litary equipment, as those terms are defined in the Sudan Accountability and Divestment Act of2007 (Pub. L. 110-174). Restricted business operations 2018-ICLI-00035 991 do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Di vestment Act of2007) conducting the business can demonstrate. (\) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Arc conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providi ng goods or services to marginalized populations of Sudan; (4) Consist of providi ng goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education ; or (6) Have been voluntarily suspended. "'Sensitive technology". (\) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically. (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Docs not include information or inforn1ational materials the export of which the President docs not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 V.S.C. l702(b)(3». "Service-disabled veteran-owned small business concern". (\) Means a small business concern. (i) Not less than 5 1 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 5 1 percent of the stock of which is owned by one or more servicedisabled veterans; and (ii) The management and dai ly business operations of which are controlled by one or more service-disabled veterans or, in the case ofa service-disabled veteran with permanent and severe disabi lity, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 V.S.c. 101(2), with a disability that is servieeconnected, as defined in 38 V.S.c. 101( 16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the ficld of operation in which il is bidding on Government contracts, and qualificd as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that. (\) [s at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by. (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exc lusions set forth at 13 CFR 124. 104(c)(2); and (2) The management and dai ly business operations of which arc controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (I lei) and (ii) of this defin ition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned. (1) Directly by a parent corporation; or (2) Through anothcr subsidiary ofa parent corporation. "Veteran-owned sma ll business concern" means a small business concern. 2018-ICLI-00035 992 (i) Not less than 5i percent of which is owned by one or more veterans (as defined at 38 U.S.c. iO 1(2» or, in the case of any publicly owned business, not less than 5i percent of the stock of which is owned by one or more veterans; and (2) The management and daiiy business operations of which arc controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that oniy changes its name. The extent of the responsibility of the successor fo r the iiabii ities of the predecessor may vary, depending on State iaw and specific circumstances. "Women-owned business concern" means a concern which is at least 5i percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small busi ness concern" means a small business concern. (i) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern el igible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(I) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically changc the rcpresentations and cert ifications posted on the SAM website. (2) The offeror has completed the annual representat ions and certifications electronically via the SAM website accessed through http://www.acquisition.gov.AfterreviewingtheSAM database information, the offeror verifies by submission of this offcr that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications.Commerciall!ems, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NA ICS code referenced for this solici tation), as of the date of thi s offer and are incorporated in this offer by rcfcrence (sec FAR 4.120 1), except for paragraphs _ _ _ _ _---, (Offeror to identify the appl icable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of th is solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accuratc, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be perfornled in the United States or its outlying areas. Check all that apply. (i) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (e)(l) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disab led veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only irthe offeror represented itsc1fas a sma ll busi ness concern in paragraph (c)(I) of this provision.] The offeror represents, that it 0 is, 0 is not a small disadvantaged business concern as defined in 13 CF R J 24.1002. 2018-ICLI-00035 993 (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(I) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. (6) WOSB conccrn eligible under thc WOSB Program. [Complete only ifthc offcror rcprescntcd itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represenls that. (i) It 0 iS,D is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its el igibility; and (ii) It 0 is, 0 is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of thi s provision is accurate for each WOSB concern eli gible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern el igible under the WOSB Program and other small busi nesses that are participating in the joint venture: .] Each WOSB concern el igible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itse lf as a WOSB concern e ligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that. (i) It 0 is, 0 is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibi lity; and (ii) It 0 is, 0 is not ajoint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is aecurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that .] Each EDWOSB concern participating in the joint venture shall are participating in the joint venture: submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expectcd to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete on ly if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)( 1) of thi s provision.] The offcror represents that it 0 is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, smal1 business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract priee: __________- : _ - - - - _ : _ (\0) HUBlone small business concern. [Complete only if the offeror represenled itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents, as part of its offer, that. (i) It 0 is, 0 is not a HUBlone small business concern listed, on the date of this representation, on the List of Qualified HUBlone Sma ll Business Concerns maintained by the Small Business Administration, and no material changes in ownership and cOnlrol, principal office, or HUBlone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It 0 is, 0 is not a HUBlone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(IO)(i) of this provision is accurate for each HUBlone small business concern participating in the HUBlone joint venture. [The offeror shall enter the names of each of the HUBlone small business concerns participat ing in the HUBlone joinl venlure: .] Each HUBlone small business concern participating in the HUBlone joint venture shall submit a separate signed copy of the HUBlone representation. (d) Representations required to implement provisions of Executive Order 11246. (\) Previous contracts and compliance. The offeror represents that. 2018-ICLI-00035 994 (i) It 0 has, 0 has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) [t 0 has, 0 has not filed all required compliance reports. (2) Affirmative Action Compliance. The offcror rcprcscnts that. (i) It 0 has developed and has on file, 0 has not developed and does not have on file, at each establishment, affi rmative action programs required by rules and regulations of the Secretary of Labor (4 [ cfr parts 60- [ and 60-2), 0' (ii) [t 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.c. 1352). (Appl ies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federa[ appropriated funds have been paid or wi ll be paid to any pcrson for infl ucncing or attempting to in !1uence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on hi s or her behalf in connection with the award of any resultant contract. [f any registrants under the Lobbying Di sclosure Act of [995 have made a lobbyi ng contact on bchalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMS Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom paymems of reasonable compensation were made. (f) Suy American Certificate. (Applies only if the clause at Federa[ Acquisition Regulation (FAR) 52.225- 1, Buy American.Supplies, is included in this sol icitation.) (I) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unk nown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as fo reign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially availab[e off-the-she lf(COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" arc defincd in the clause of this solicitation entilled " Buy American. Supplies." (2) Foreign End Products: Line Item No. Country of Origin [List as necessary] (3) The Government will evaluate offcrs in aecordance with the polieies and procedures of FAR Part 25. (g)( [) Buy American. Free Trade Agreements. Israel i Trade Act Cert ificate . (Appl ies only if the clause al FAR 52.225-3, Buy American. Free Trade Agreements. Israeli Trade Act, is included in th is solici tation.) (i) The offcror certifies that each end product, except those listed in paragraph (g)( 1)(ii) or (g)( 1)(iii) of this provision, is a domestic end produet and that for other than COTS items, the offeror has considered componcnts of unknown origin to have been mined, produced, or manufactured outside the United States. The terms " Bahrainian, Moroccan, Oman i, Panamanian, or Peruvian end product," " commercially available off-the-shelf(COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," 2018-ICLI-00035 995 "Free Trade Agreement country end product," " Israeli end product," and "United States" are defined in the clause of thi s sol icitation entitled " Buy American. Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian cnd products) or Israeli end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. lsrael i Trade Act'": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani , Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (ii i) The offeror shall list those suppl ies that are fore ign end products (other than those listed in paragraph (g)( I)(i i) of this provision) as defined in the clause of this solicitation entitled " Buy American.Free Trade Agreements.lsraeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qua lify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 . (2) Buy American. Free Trade Agreemcnts. Israeli Tradc Act Certificate, Alternatc I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, subst itute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. Israel i Trade Act" : Canadian End Products: Line Item No. [List as necessary] (3) Buy American.Free Trade Agreemellts.Israeli Trade Act Certificate, Alternate [I. If Alternate II to the clause at FAR 52.225-3 is incl uded in this solicitation, substitute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: 2018-ICLI-00035 996 (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American.Free Trade Agreements. lsraeli Trade Act"; Canadian or Israeli End Products; Line Item No. Country of Origin [List as necessary] (4) Buy American.Free Trade Agreements.Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the followi ng paragraph (g)( I )(ii) for paragraph (g)( I)(i i) of the basic provision; (g)( I )(i i) The offeror cert ifies that thc fo llowing supplies arc Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act"; Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in th is so licitation.) (i) The offeror ccrtifies that each end product, exccpt those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solic itation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that arc not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin [List as necessary] (ii i) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offcrs of U.S.-made or designated country end products wi thout regard to the restrictions of the Buy American statute. The Government will consider for 2018-ICLI-00035 997 award only offers of U.S.-made or designated country end products unless the Contracting Officer detennines that there are no offers for such products or that the offers for such products are insuffic ient to fulfill the requirements of the so licitation. (h) Certification Rcgardi ng Responsibi lity Mattcrs (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror cert ifies, to the best of its knowledge and belief, that the offeror and/or any of its principals. (I) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ineli gible fo r the award of contracts by any Federal agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtai ning, attempting to obtain, or performing a Federal , state or local governmcnt contract or subcontract; violation of Federal or state antitrust statutes relati ng to the submission of offcrs; or commission of embezzlement, theft, forgery , bribery, fa lsification or destruction of records, making fa lse statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, comm ission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 '·Iave, 0 have not, within a three-year period preceding this offer, bcen notified of any del inquent Federal laxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered del inquent ifboth of the fo llowing criteria apply: (A) The tax liability is fina lly dctcrmined. The liabil ity is finally determi ned ifi t has been assessed. A liability is not finally dctcrmined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finall y determined unti l all judicial appeal rights have been exhausted. (9) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liabi lity when full payment was due and required. A taxpayer is not del inquent in cases where enforced collection action is prccluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax defic iency. This is not a delinquent tax because it is not a final tax liabi lity . Should the taxpayer seek Tax Court review, th is wi ll not be a final tax liabi lity until the taxpayer has exercised all judicial appeal rights. (9) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liabi lity, and the taxpayer has been issued a notice under I.R.C. §6320 entitl ing the taxpayer to request a hearing with the IRS Office of Appeals contcsting the lien fi ling, and to further appeal to the Tax Court if the IRS dctcrmi nes to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportuni ty to contest the liabi lity. Thi s is not a delinquent tax because it is not a final tax liabi lity. Should the taxpayer seek tax court review, this wi ll not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant 10 I. R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make fu ll payment. (D) The taxpayer has fil ed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under II U.s.c. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)( I) any end products being acquired under this solicitati on that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Chi ld Labor, unless excluded at.J (I) Listed end products. 2018-I CLI -00035 998 Listed End Product Listed Countries or Origin (2) Certification. (If the Contract ing Officer has identified end products and countries of origin in paragraph (i)( 1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(i i) by checking the appropriate block.] o (i) The offeror will not supply any end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in thc corresponding country as listed for that product. o (i i) The offeror may supply an end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured chi ld labor was used to mine, produce, or manufacture any such end product furn ished under this contract. On the basis of those efforts, the offcror certifies that it is not aware of any such use of child labor. (i) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisi tion of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture ofthc end products it expects to provide in response to this solicitation is prcdominantly. (\) 0 In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regarding exemptions from thc application of the Scrvice Contract Labor Standards (Certification by the offeror as to its compl iance with respect to the contract also constilUtes its certificat ion as to compl iance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)( \) or (k)(2) appl ies. J 0 (\) Maintcnance, cal ibration, or rcpair of certain cquipment as deseribcd in FAR 22.\003-4(c)(\). The offeror 0 does 0 does not certify that. (i) The items of equipment to be serviced under this contract are used regularly for other than Govcrnmental purposes and arc sold or tradcd by the offeror (or subcontractor in thc casc of an cxempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furn ished at prices which are, or are based on, established catalog or market prices (see FAR 22 .1003-4(c)(2)(ii» for the maintenance, cal ibration, or repair of suc h equipment; and (ii i) Thc compensation (wage and fri nge benefits) plan for all service employecs pcrforming work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. o (2) Certain services as described in FAR 22.1003-4(d)( \). The offeror 0 does 0 does not certify that. (i) The services undcr the contract arc offered and sold rcgularly to non-Governmental customers, and arc provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services wi ll be furnis hed at prices that are, or are based on, establ ished catalog or market prices (sec FAR 22 .1003-4(d)(2)(iii»; (ii i) Each service employee who wi ll perform the services under the contract will spend only a small portion of his or her time (a month ly average of less than 20 percent of the avai lable hours on an annuali zed basis, or less than 20 percent of available hours duri ng the contract period if the contract period is less than a month) servicing the Govcrnmcnt contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees perform ing work under the contract is the same as that used fo r these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)( I) or (k)(2) of this c lause applies. 2018-ICLI-00035 999 (i) If the offeror does not certify to the condit ions in paragraph (k)( I) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the sol icitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)( I) or (k)(2) of this clause or to contact the Contract ing Officer as required in paragraph (k)(3)(i) of this clause. (1) Taxpayer Identification Number (TIN) (26 U.S.c. 6109.31 U.S.c. 7701). (Not applicable if the offeror is required to provide this infom1atio n to the SAM database to be eligible for award.) (I) All offerors must submit the informat ion required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requirements of31 U.S.C. 7701 (c) and 3325(d), reporting requirements of26 U.S.c. 6041, 6041 A. and 605 OM, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any del inquent amounts arising out of the offeror's relat ionship with the Government (31 U.S.c. 770 l(c )(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (T IN). D TIN: __~__~~~____________ o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or fore ign partnership that docs not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organizat ion. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CF R 1.6049-4; o Other _ _ _ _ _ _ _ _ _ _ _ _ __ (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________ TI N :-c---,-------,------,-,-----,---,-. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracti ng with Inverted Domestic Corporations. (I) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts wi th either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9. IOS-2(b) applies orthe requirement is waived in accordance with the procedures at 9. IOS-4. (2) Representation. The Offeror represents that. (i) It 0 is, 0 is not an inverted domestic corporation; and (ii) [t 0 is, 0 is not a subsidiary of an inverted domestic corporation. 2018-ICLI -00035 1000 (0) Prohibition on contract ing with entities engaging in certain activities or transact ions relat ing to Iran . (I ) The offeror shal l e-mail questions concerning sensitive technology to the Department of State at CISA DA 106@state.gov. (2) Representation and Certifications. Unless a waiver is grantcd or an exception applies as providcd in paragraph (0)(3) of this provision, by submission of its offer, the offeror. (i) Represents, to the best of its knowledge and belief, that the offeror does not ex port any sensiti ve technology to the government of Iran or any entities or indi viduals owned or contro lled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any acti vi ties for whi ch sanctions may be imposed under secti on 5 of the Iran Sanctions Act; and (ii i) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds 53,500 with [ran' s Revolutionary Guard Corps or any of its offi cials, agents, or affi liates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.c. 1701 et seq.) (see OFAC' s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofae/downloadsftllsdn.pdO. (3) The representation and certificat ion requirements of paragraph (0)(2) of this provision do not apply if. (i) This solicitation includes a trade agreements certification (e.g., 52 .2 12-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be suppl ied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all sol icitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solici tation. (1) The Offeror represents that it 0 has or 0 does not have an immed iate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision fo r each participant in the joint venture. (2) [f the Offeror indicates "has" in paragraph (p)( I) of thi s provision, enter the following information: Immediate owner CAGE code: __________ Immediate owner legal name: __________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: 0 Yes or 0 No. (3) [fthe Offeror indicates ""yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following informa tion: Highest-level owner CAGE code: _________ Highest-level owner legal name: _________ (Do not usc a "'doing business as" name) (q) Representation by Corporations Regarding Del inquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Di vision E of the Consolidated and Further Continuing Appropriations Act, 20 IS (Pub. L. I 13-235), and simi lar provi sions, if contained in subsequent appropriations acts, The Government wi ll not enter into a contract with any corpo ration that. (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liabi lity, where the awarding agency is aware of the unpaid tax liabi lity, unless an agency has considered suspension or debarment of the corporation and made a detern1ination that sllspension or debarment is not necessary to protect the interests of the Government; or 2018-ICLI -00035 1001 (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debannent of the corporation and made a determination that this action is not necessary to protect the interests of the Govern ment. (2) The Offeror represents that. (i) 11 is 0 is not 0 a corporat ion that has any unpaid Federal tax liability that has been assessed, for which all judicial and admini strative 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 liabi lity; and (ii) It is 0 is not 0 a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204- 16, Commercial and Government Entity Code Reporting.) (1) The Offcror represents that it 0 is or 0 is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(l) of this provision, enter the followi ng information for all predecessors that held a Federal contract or grant withi n the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: - - (or mark "Unknown") Predecessor legal name: ____________ (Do not use a "doing business as" name) (s) [Rescrved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduct ion Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1 (k». (I) This representation shall be completed if the Offeror received $7.5 mill ion or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 mi llion in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itse lf or through its immediate owner or highest-leve l owner) 0 does, 0 does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results ofa greenhouse gas inventory, performed in accordance with an accounting standard with publicly avai lable and consistent ly applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest- level owner) 0 does, 0 does not publ icly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publiely accessible website a target 10 reduce absolute emissions or emissions intensity by a specific quantity or percentage. (ii i) A publicly accessible website includes the Offeror's own website or a recogni zed, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked "docs" in paragraphs (t)(2)(i) or (t)(2)(i i) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals arc reported: _ _ _-,--_ _-,--_ (u)( l) In accordance with section 743 of Division E, Title VII , of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. I 13-235) and its successor provisions in subsequent appropriations acts (and as extended in continui ng resol utions), Government agencies arc not permitted to usc appropriated (or otherwise made avai lable) funds fo r contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud , or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2018-ICLI-00035 1002 (2) The prohibition in paragraph (u)(\) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Informati on Nondisclosure Agreement), Form 4414 (Sensiti ve Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nond isclosure of classi fi ed information. (3) Representation. By submission of its offer, the Offeror represents that it wi ll not require its employees or subcontractors to sign or comply wi th internal confidentiality agreements or statements prohibi ting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance ofa Government contract to a designated investigative or law enforcement representative ofa Federal department or agency authorized to receive such infonnat ion (e.g. , agency Office of the Inspector General). FAR 52.212-4CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) This clause is incorporated by reference. The full text of the clause is available at; hllps://www.acquisition.govIFARJ. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEM ENT STATUTES OR EXECUTIVE ORDERS - COMMECIAL ITEMS (NOV 2017) (a) The Contractor shall comp ly with the fo llowing Federal Acquisition Regulation (FA R) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders appl icable to acquisitions of commercial items: [ZJ 52.203- 19 Prohibit ion on Requiring Certain Internal Confident iality Agreements or Statements (JAN 2017) [ZJ 52.209- 10 Prohibition on Contracting with Inverted Domestic Corporations (NOY 2015) [ZJ 52.233-3 Protest After Award (AUG 1996) [ZJ 52.233-4 Appl icable Law fo r Breach of Contract Claim (OCT 2004) (b) The Contractor shall comply with the FAR clauses in thi s paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executi ve orders applicable to acquisitions of commercial items: D 52.203-6 Restrict ions on Subcontractor Sales to the Government (SEPT 2006) o Alternate I (OCT 1995) [ZJ 52.203- 13 Contractor Code of Business Eth ics and Conduct (OCT 2015) D 52.203- 15 Whistlcblower Protections under the American Recovery and Rei nvestment Act of2009 (JUNE 2010) [ZJ 52.204- 10 Reporting Execut ive Compensation and First-Tier Subcontract Awards (OCT 2016) D (Reserved] [ZJ 52.204- 14 Service Contract Reporting Requirements (OCT 2016) D 52.204- 15 Service Contract Reporting Requirements for Indefinite-Del ivery Contracts (OCT 2016) 2018-ICLI -00035 1003 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debannent (OCT 2015) D 52.209-9 Updates of Publicly Available Informat ion Regard ing Responsibil ity Matters (JUL 2013) D (Reserved] D 52.219-3 Notice of Total HUBZone Set-Aside (NaY 20 II) D D Alternate I (NaY 2011) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) D Alternate I (JAN 20 II) D (Reserved] D 52.219-6 Notice of Total Small Business Set-Aside (NaY 20 II) D o Alternate I (NaY 2011) D Alternate II (NaY 2011) 52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003) D Alternate I (OCT 1995) D Alternate II (MA R 2004) C8J 52.219-8 Utilization of Small Business Concerns (NaY 2016) o 52.219-9 Smal l Business Subcontracting Plan (JAN 2017) 0 Alternate I (NaY 2016) 0 Alternate II (NaY 2016) 0 Alternate III (NaY 2016) 0 Alternate IY (NaY 2016) D 52.219- 13 Notice ofSel-Aside of Orders (NaY 2011) C8J 52.219- 14 Limitations on Subcontracting (JAN 2017) D 52.219- 16 Liquidatcd Damages - Subcontracting Plan (JAN 1999) D 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NaY 2011) C8J 52.219-28 Post A ward Small Business Program Rerepresentalion (JUL 2013) o 52.219-29 Notice ofSel-Aside for, or Sole Source Award 10, Economically Disadvantaged Women-Owned Small Busi ness Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) 2018-ICLI -00035 1004 D 52.219-30 Noticc ofSct-Asidc for, or Solc Sourcc Award to, Women-Owned Small Busincss Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) C8J 52.222-3 Convict Labor (JUN 2003) C8J 52.222- 19 Child Labor - Cooperation with Authorities and Remedies (OCT 2016) C8J 52.222-21 Prohibit ion of Segregated Facilit ies (APR 2015) C8J 52.222-26 Equal Opportunity (SEPT 2016) C8J 52.222-35 Equal Opportunity for Veterans (OCT 2015) C8J 52.222-36 Equal Opportunity for Workers with Di sabilit ies (JU L 201 4) C8J 52.222-37 Employment Reports on Veterans (FEB 2016) C8J 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 20 I0) D 52.222-50 Combating Trafficking in Pcrsons (MAR 2015) D Alternate 1 (MAR 20 15) C8J 52.222-54 Employment Eligibility Verificat ion (OCT 2015) D 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MA Y 2008) D Alternate I (MAY 2008) D 52.223- 11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) D 52.223- 12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Ai r Conditioners (JUN 20 16) D 52.223- 13 Acquisition of EPEAT®- Registered Imaging Equipment (JUNE 2014) D D Alternate I (OCT 2015) 52.223- 14 Acquisi tion of EPEAT®-Rcgistcred Televisions (JUNE 2014) D Alternate 1 (JUNE 2014) D 52.223- 15 Energy Efficiency in Energy-Consuming Products (DEC 2007) D 52.223- 16 Acquisition of EPEAT®- Registered Personal Computer Products (OCT 2015) D Alternate I (JUNE 2014) C8J 52.223- 18 Encouraging Contractor Policies to Ban Tcxt Mcssaging While Driving (AUG 20 11) D 52.223-20 Aerosols (J UN 2016) D 52.223-21 Foams (JUN 20 16) 2018-ICLI -00035 1005 52.224-3 Privacy Training (JAN 2017) D Alternate I (JAN 2017) D 52.225- 1 Buy American - Suppl ies (MAY 2014) o 52.225-3 Buy American - Free Trade Agreements-Israel i Trade Act (MAY 20 14) D Alternate I (MA Y 2014) D Alternate II (MAY 2014) o Alternate JJJ (MAY 2014) [ZJ 52.225-5 Trade Agreements (OCT 2016) [ZJ 52.225- 13 Restrictions on Certain Foreign Purchases (JUN 2008) o 52.225-26 Contractors Perfonning Private Securi ty Functions Outside the United States (OCT D 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) D 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) D 52.232-29 Tenns for Financing ofrurchases of Commercial Items (FEB 2002) D 52.232-30 Installment Payments for Commercial 1tems (JAN 2017) [ZJ 52.232-33 Payment by Electronic Funds Transfcr-System for Award Management (JUL 2013) D 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) o 52.232-36 Paymcnt by Third Party (MA Y 2014) D 52.239- 1 Privacy or Security Safeguards (AUG 1996) D 52.242-5 Payments to Small Business Subcontractors (JAN 20 17) D 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) D 2016) Alternate I (AP R 2003) (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: D 52.222- 17 Nondisplacement of Qualified Workers (MAY 20 14) D 52.222-41 Service Contract Labor Standards (MAY 2014) D 52.222-42 Statement of Equivalent Rates for Federal Hires (MA Y 2014) D 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (MUltiple Year and Option Contracts) (MA Y 2014) 2018-ICLI -00035 1006 D 52.222-44 Fair Labor Standards Act and Scrvice Contract Act- Pricc Adjustment (MA Y 20 14) D 52.222-5 1 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Maintcnance, Calibration, or Rcpair of Certain Equipmcnt- Rcquircments (MAY 2014) D 52.222-53 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) D 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) [ZJ 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) D 52.226-6 Promoting Exccss Food Donation to Nonprofit Organizations (MAY 2014) D 52.237- 11 Accepti ng and Di spensing of$l Coi n (SEPT 2008) (d) Compfroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if thi s contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and docs 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 evidencc for examination, audit, or reproduction, unti 13 years after fi nal payment under th is contract or for any shortcr pcriod spccified in FAR Subpart 4.7, Contractor Records Rctcntion, of thc othcr clauscs of this contract. If this contract is completely or partially tenninated, the records relating to the work terminated shall be made avai lable for 3 years after any resulting fina l termination settlement. Records relating to appeals under the disputes clausc or to litigation or the settlement of claims arising under or relating to this contract shall be made available unt il such appeals, litigation, or claims arc finally rcsolvcd. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and rcgardless of form. This does not rcquire the Contractor to create or maintain any record that thc Contractor docs not maintain in the ordinary coursc ofbusincss or pursuant to a provision of law. (e)( l) 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 commcrcial items. Unless otherwise indicated bclow, thc cxtcnt of the flow down shall bc as rcquircd by the clause52.203- 13, Contractor Code of Business Ethics and Conduct (Oct 20 15) (41 U.S.c. 3509). (ii) 52.203-19, Prohibition on Requiring Ccrtain lntcrnal Confidcntial ity Agrecments or Statements (Jan 2017) (section 743 of Di vision E, Tit le VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235) and its successor provisions in subsequent appropriations acts (and as extendcd in continuing resolutions». (iii) 52.219-8, Utilization of Small Business Conccrns (Nov 20 16) (15 U.S.c. 637(d)(2) and (3», in all subcontracts that oITer furthe r subcontracting opportunities. If the subcontract (except subcontracts to small business (i) 2018-ICLI -00035 1007 concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222·17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) ofF AR clause 52.222-17. (v) 52.222·21 , Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222·26, Equal Opportuni ty (Sept 2016) (E.O. 11246). (vii) 52.222·35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.c. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Di sabilities (JuI 2014) (29 U.S.c. 793). (ix) 52.222·37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222·41, Service Contract Labor Standards (May 2014) (41 U.S.c. chapter 67). (xii) _XJA) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.c. chapter 78 and E.O 13627). ~(B) Alternate I (Mar 2015) of52.222-50 (22 U.S.c. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Scrvice Contract Labor Standards to Contracts fo r Maintenance, Calibration, or Repair ofCeTiain Equipment-Requirements (May 20 14) (41 U.S.C. chapter 67). (xiv) 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). (xv) 52.222-54, Employment Eligibility Vcrification (Oct 2015). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 20 15). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13 706 (JAN 20 17) (E.O. 13706). (xx) (A) 52.224-3 , Privacy Training (JAN 2017) (5U.S.C. 552a). (B) Alternate I (JAN 2017) of52.224-3. (xxi) 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). (xx ii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 20 14) (42 U.S.c. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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 52.24764. (2) Whi le not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. FAR 52.217-8 OPTION TO EXTEN D SERVICES The Government may require continued performance of any services wi thin 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 ofperformance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. (End of clause) 2018-ICLI-00035 1008 FAR 52.217-9 OPTION TO E XTEN D TH E TERM OF THE CO NTRACT (a) The Government may extend the term of this contract by wrinen notice to the Contractor within 15 days ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) FAR 52.252-2 C LA USES I.NCORPORATED BY REFERE NCE (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 fu ll text available. Also, the full text of a c lause may be accessed electronically at this address: https:l/www.acgui sition.gov/FARI. FAR 52.232-39 UNENI-' ORCEABIUTY OF UNAUTHOR IZED OBUGATIO NS (JUNE 2013) This clause is incorporated by reference. The full text of the clause is available at: hUps://www.acquisition.govIFARI. 52.232-40 PROVIDING AC CE LERATED PAYMENTS TO SMALL. BUSINESS FAR SUBCONTRACTORS (DEC 2013) This clause is incorporated by reference. The full text of the clause is available at: hnps://www.acquisition.govIFARI. FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVE RTED DOMESTIC CORPORATIONS (NOV 2015) (a) Definitions. As used in this clause" Inverled domestic corporation" means a fo reign incorporated entity that meets the definit ion of an inverted domestic corporation under 6 U.S.C. 395(b), appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned(I) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorgan izes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period ofperfonnance of th is contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fai ls to perform in accordance with the terms and condi tions of the contract as a result of Government action under th is clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes e ither an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer wi thin five business days from the date of the inversion event. FAR 52.237-2 PROTECTION O F GOVERNM ENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984) 2018-ICLI-00035 1009 The Contractor shall use reasonable care to avoid damaging existing bui ldings, equipment, and vegetation on the Government installation. If the Contractor's fa ilure 10 use reasonable care causes damage 10 any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. HSAR 3052.209-70 2006) PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause : Expanded Affiliated Croup means an affil iated group as defined in section I 504(a) of the Internal Revenue Code of 1986 (without regard 10 section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substitut ing 'more than 50 percent' fo r 'at least 80 percent' each place it appears. Foreign Incorporated Emily means any ent ity which is, or but fo r subsection (b) of section 835 of tile Homeland Security Act, 6 V.S.c. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Illverted Domestic C0/"fJOratioll. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related Iransact ions)- (I) The entity completes the direct or indi rect acquisition of substantially all of the properties held directly or indi rectly by a domestic corporation or substantia lly all of the properties constiluting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the enti ty is held(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of hold ing stock in the domestic corporalion; or (ii) [n the case of an acquisition with respect to a domestic partnership, by former partners of the domest ic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantia l business activities in the fore ign country in which or under the law of whic h the entity is created or organized when compared to the total business activities of such expanded affi liated group. 201 8-ICLI -00035 1010 Persoll. domestic. alldforeig" have the meanings given such terms by paragraphs (I), (4), and (5) of section 7701 (a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a fore ign incorporated entity should be treated as an inverted domest ic corporat ion. (I) Certain stock disregarded. For the purpose of treating a forcign incorporated entity as an inverted domestic corporat ion these shall not be taken into account in detennining ownership: (i) Stock held by members of the expanded affiliated group which includes the fore ign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(l) of the Homeland Security Act, 6 USc. 395(b)(\). (2) Plan (Ieemed in certai" cases. lfa foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year pcriod beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) arc met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregartled. The transfer of properties or liabilities (including by contribution or distribution) shall bc disregardcd if such transfers arc part ofa plan a principal purposc of which is to avoid the purposes of this scction. (d) Special rulefol' related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 USc. 395(b) to thc acquisition of a domestic partnership, except as provided in regulations, all domestic partncrships which arc under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partncrship. (e) Treatment of Certain Rights. (I) Certain rights shall be treated as stocks to the extent necessary to refl ect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (ii i) contracts to acquire stock; (iv) convert ible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Sec lion 835. (I) Disclosure. The offeror under this solicitation represents that [Check one]: 2018-ICLI-00035 1011 _ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009 .108-7004, which has not been denied; or _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009 .108-7004 . (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied fo r, shall be attached to the bid or proposal. (End of clause) HSAR 3052.212-70 CONTRACT T ERMS AND CON DITIONS APPLICABLE TO DHS ACQUISITION Of COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply wi th any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the appl icable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. ...x.. 3052.219-72 Evaluation of Primc Contractor Participation in the DH S Mcntor Protege Program. (b) Clauses . ...x..3052.203-70 Instructions for Contractor Di sclosure of Violations . ...x.. 3052.204-71 Contractor Employee Access. Alternate I --L Alternate II ...x.. 3052.205-70 Advertiscment, Publ icizing Awards, and Rcleases . ...x.. 3052.219-70 Small Business Subcontracting Plan Reporting . ...x.. 3052.219-7 1 DHS Mentor Protege Program. l. HSAR Clause 3052.204-7 1 Contractor emp loyee access (SEP 2012), and Alternate I Safeguarding of Sensitive Information (MAR 2015) Sections (a) - (d) Information Technology Security and Privacy Tmining (MAR 2015) II. lOP Privacy and Records Provisions PRI V 1.2: Reporting Suspected Loss ofSensitivc PH PRI V 1.3: Victim Remediation Provision 2018-ICLI -00035 1012 REC REC REC REC REC REC 1.2: 1.3: 1.4: 1.5: 1.6: 1.7: Deli verables are the Property of the U.S. Government Contractor Shall Not Create or Maintain Unautho rized -iRecords Agency Owns Rights to Electronic Information Comply with All Records Management Policies-i No Disposi tion of Documents w ithout Prior Wri tten Consent-i Contractor Must Obtain Approval Prior to Engaging Subcontractors PRIV 1.2: Repo r ting Suspected Loss of Sensitive PII: Contractors must report the suspected loss or compromise ofScnsitive PII to ICE in a timely man ner and cooperate with ICE 's inquiry into the incidcnt and efforts to remcdiate any harm to potential victims. I. The Contractor must develop and include in its security plan (whic h is submittcd to ICE) an intcrnal system by whic h its employees and sub-Contractors are trained to identify and report potential loss or compromise of Sensitive PI!. 2. Contractor must rcpo rt the suspectcd loss or compromisc of Sensitive PH by its employees or sub-Contractors to the ICE Security Operations Center (480-496-6627), the Contracting Officer's Representat ive (CO R), and the Contracting Officer within one (I) hour of the init ial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensiti ve PH by its employees or sub-Contractors. The report must contain the following information: a. Narrative, detailed desc ri ption of the events surrounding the suspected loss/compromise. b. Date, time, and location of the incident. c . Type of informa tion lost or compromised. d. Contractor's assessment of the likelihood that the information was compromiscd or lost and the reasons behind the assessment. e. Names ofperson(s) involved, including victim, Contractor employee/sub-Contractor and any witnesses. f. Cause of the incident and whether the company's security plan was followed or not, and which specific provisions were not fo llowed. g. Actions thai have been or will be taken to minim ize damage and/or m itigate further compromise. h. Recommendations 10 prevenl similar situations in the futu re, including whether the security plan needs to be modified in any way and whether additional training may be required. 4. The Contractor must cooperate with ICE or other government age ncy inquiries into the suspected loss or compromise of Sensitive PI!. 5. At the government's discretion, Contractor employees or sub-Contractor employees may be identified as no longer eligible to access Sensitive PII or to work on that contract based on their actions related to the loss or compromisc of Sensitive PI!. (End of clause) PRIV 1.3: Victim Remcdiation Provision: The Contractor is responsible for notification of victims in the evenl of a loss or compromise of Sensiti ve PII, if any, held by the Contractor, its agents, and Subcontractors, under this contract. The Contractor and ICE wi ll collaborate and agree on the method and content of any notification that may be required to be sent to individuals whose Sensitive PH was lost or compromised. (End of clause) REC 1.2: Dclivcrablcs arc thc Propcrty ofthc U.S. Govcrnmcnt: The Contractor shall treat all deliverables under the contract as the property of the U.S. Government fo r wh ich the Agency shall have unl imited rights to use, dispose of, or disclose such data contained therein. The Contractor shall not retain, usc, sell, or disseminate copies of any del iverable without the expressed pennission of the Contracting Officer or Contracting Officer's Representative. The Contractor shall certify in writing the destruction or return of all Government da ta at the conclusion of the contract or at a time otherwise specified in the contract. The Agency owns the rights to all data/reco rds produced as part of thi s contract. 2018-ICLI-00035 1013 (End of clause) REC 1.3: Contractor Shall Not Create or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or mai ntain any records contai ning any Government Agency data that are not specifically tied to or authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Electronic Information : The Government Agency owns the rights to the query data it inputs into the LEARN database (e.g. Audit Logs, Searches, Hotli st, etc.) Notwithstanding the above, no title to Vigilant 's LEA RN database or software wi ll transfer to ICE in the performance of the contract. (End of clause) REC 1.5: Comply with All Records Management Policies: The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records 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. (End of clause) REC 1.6: No Disposition of Documents without Prior Written Consent: No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing thc alienation or una uthorized destruction ofrccords, including all forms of mutilation. Will fu l and unlawful destruction, damage or alienation ofFedcra l records is subject to the fi nes and pcnalties imposed by 18 USc. 270 1. Records may not be removcd from the legal custody of the Agency or destroyed witho ut rcgard to thc provisions of the Agency records schedules. (End of clause) REC 1.7: Contractor Must Obtain Approval Prior to Engaging Subcontractors: The Contractor is required to obtain the Contract ing Officer's approval prior 10 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 info rmation. (End of clause) ICE Information Governance and Pr ivacy Requirements Clause (JUL 2017) A. Limiting Access to Privacy Act and Other Sensitive Information (1) P/'ivacy Ac( lnJol'malion In accordance with FA R 52.224-1 Privacy Act Notification (APR 1984), and FA R 52.224-2 Privacy Act (A PR 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 DHS system of records notices (SORNs) app licable to this Privacy Act information may be found at www.dhs.gov/privacy. Applicable SORNS of other agenc ies may be accessed through the agencies' websites or by searching FDsys, the Federal Digital System, available at hup:llwww.gpo.gov/fdsys/. SORNs may be updated at any time. (2) P/,ohibition 011 Performing Work Outside a Government FacifitylNetworklEquipmelll The Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or Workplace as a Service (WaaS) if WaaS is authorized by the statement of work Government informa tion shall remain within the confines of authorized Government networks at all times. Except where telework is specifical ly authorized with in this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibi ted from performi ng these tasks at or removi ng Government-furnished informatio n to any other faci lity; and Government information shal l remain withi n the confi nes of authorized Government fac il ities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facil ities regardless oftelework authorizations. 2018-ICLI -00035 1014 (3) Prior Approval Required to Hire Subcontractors The Contractor is required to obtain the Contract ing 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 sensi tive and proprietary information. (4) Separation Checklist/or COllfractor Employees Contractor shall complete a separation checklist before any employee or Subcontractor employee terminates working on the contract. The separation checklist must verify; (I) return of any Government-furnished equipment; (2) return or proper disposal of sensiti ve personally identifiable information (PI I), in paper or electronic fornI, 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 sensitive PI!. In the event of adverse job actions resulting in the dismissal of an emp loyee or Subcontractor employee, the Contractor shall notify the Contracti ng Officer's Representati ve (CO R) within 24 hours. For nomlal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shal l assist the ICE Point of Contact (lCEIPOC), Contracting Officer, or COR with comp leti ng ICE Form 50-005/Contractor Employee Separation Clearance Chec klist by return ing all Governmentfurn ished property including but not limited to computer equipment, media, credentials and passports, smart cards, mobi le devices, PI V cards, calling cards, and keys and terminating access to all user accounts and systems. B. Resen'ed - Deleted in accordance witll clause prescription C. Government Records Training, Ownership, and Management (I) Records Management Trainil1g and Compliance (a) The Contractor shal l provide DH S basic records management training fo r all emp loyees and Subcontractors that have access to sensitive PI I as well as to those involved in the creation, use, dissemination and/or destruction of sensitive PlI . This training wi ll be provided at the outset of the Subcontractor' s/employee 's work on the contract and every year thereafter. This training can be obtained via links on the ICE intranet site or it may be made available through other means (e.g., CD or online). The Contractor shall maintain copies of certificates as a record of compliance and must submit an e-mai l notification annually to the Contracting Officer's Representative verifying that all employees working under this contract have completed the required records managemcnt training. (b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974 . These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (2) Records Creafioll. Ownership. alld Dispositioll (a) The Contractor sha ll 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 data. The Contractor shall certify in writing the destruction or return of all Government data at the conclusion of the contract or at a time otherwise specified in the contract. (b) Except as stated in the Pcrfonnance Work Statcment and, where applicable, the Contractor's Commercial Liccnse Agrecment, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databascs) and all supporting documentation and associated metadata created as part of this contract. All dclivcrab1cs (i neluding all data and records) under the contract arc the property of the U.S. Govcrnment and are considcred fcderal records, for which the Agency shall have unlimited rights to usc, disposc of, or disclose such data contained therein. Thc Contractor must deliver sufficient technical documentation with all data del iverables to permit the agency to use the data. 2018-ICLI-00035 1015 (c) The Contractor shall not retain, use, sell, disseminate, or dispose of any government data/records or deliverables without the express written permission of the Contracting Officer or Contracting Officer's Representat ive. The Agency and its contractors are responsible fo r prevent ing the alienat ion 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. § 270 I. Records may not be removed from the legal custody of the Agency or destroyed wi thout regard to the provisions of the Agency records schedules. D. Data Pri"acy and Oversight (I) Restrictions on Testing or Training Using Real Data Containing PII The use of real data containing sensitive Pll from any source for testing ortraining purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for testing or traini ng whenever feasible. ICE policy requires that any proposal to usc of real data or dc-identified data for IT system testing or training be approved by the ICE Privacy Officer and Chief Information Security Officer (CISO) in advance. In the event performance of the contract requires or necessitates the usc of real data for system-testing or training purposes, the Contractor in coordination with the Contracting Officer or Contracting Officer's Representative and Government program manager shall obtain approval from the ICE Pri vacy Office and ClSO and complete any required documentation. (2) Resen 'ed - Deleted ill accordallce with dause prescription (3) Reqlliremelllto Support Privacy Compliance (a) The Contractor shall support the completion of the Privacy Threshold Analysis (PTA) document when it is required. PT As are triggered by the creation, modification, upgrade, or disposition of an IT system, and must be renewed at least every three years. Upon review of the PTA, the DHS Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modificat ions thereto, are required. The Contractor shall provide adequate support to complete the PIA in a timely manner, and shall ensure that project management plans and schedu les include the PTA, PIA, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DHS, incl udi ng PT As, PIAs, and SORNs, is located on the DH S Privacy Office website (www.dhs.gov/privacy)under"Compliance." DH S Privacy Pol icy Guidance Memorandum 2008-02 sets fort h when a PIA will be required at DHS, and the Privacy Impact Assessment Guidance and Template outline the requirements and format for the PIA . (b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy documentation, the Contractor shall assign or procurc a Pri vacy Lead, to bc listed undcr " Kcy Personnel." The Privacy Lead shall be responsible for providing adequate support to DHS to cnsure DH S can complete any rcquircd PTA, PIA, SORN, or other supporting documcntation to support pri vacy compliance. Thc Pri vacy Lead shall work with pcrsonnel from the program office, the ICE Privacy Officc, the Office of the Chief Information Officcr, and the Records Managcmcnt Branch to ensure that the pri vacy documcntation is kept on schcdule, that the answers to questions in the PIA arc thorough and complete, and that questions asked by the ICE Pri vacy Office and other offices are answered in a timely fashion. The Privacy Lead: • • • • • Must have excellent writing ski lls, the abil ity to explain technology clearly for a nontechnical audience, and the ability to synthesize information from a variety of sources. Must have excellent verbal communication and organizational skills. Must have experience writing PIAs. Ideally the candidate would have experience writi ng PIAs fo r DHS. Must be knowledgeable about the Privacy Act of 1974 and the E-Government Act of 2002. Must be able to work well with others. (c) Ifa Privacy Lead is already in place with the program office and the contract involves IT system builds or substantial changes that may require privacy documentation, the requirement for a separate Private Lead specifically assigned under this contract may be waived provided the Contractor agrees to have the exist ing Privacy Lead coordinate with and support the ICE Pri vacy POC to ensure privacy 2018-ICLI-00035 1016 concerns are proactively reviewed and so ICE can complete any required PTA, PIA, SORN , or other supporting documentat ion to support privacy compliance ifrequired. The Contractor shall work wi th personnel from the program office, the ICE Office ofInformation Governance and Pri vacy, and the Office of the Chief Information Officer to ensure that the privacy documentation is kept on schedule, that the answers to questions in any privacy documents are thorough and complete, that all records management requirements are met, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fash ion. (End of Clause) 2018-ICLI-00035 1017 Attachment 5: Price Item Description Quantity Unit of Issue Estimated Unit Estimated Fixed Price Per Cost Line Item CLiN 0001 Access to license Plate System (All ICE Users), Base Vear - POP: 12/21/2017 01/31/2018 1.4 • 12 MO 12 MO 8 MO b}(4) CLiN 0002 Access to license Plate System (All ICE Users), Option Vear 1- 02/01/201801/31/2019 CLiN 0003 Access to license Plate System (All ICE Users), Option Vear 2 - 02/01/2019 01/31/2020 CliN 0004 Access to license Plate System (All ICE Users), Option Vear 3 - POP: 02/01/202009/30/2020 lota Additional Pricing Explanation: ·Contract start date wil l be 12/21/2017; however, West billing is systematically 2018-ICLI -00035 1018 Thomson Reuters Response to RFQ 70CDCR 18QOOOOOOOS License Plate Reader Commercial Data Service via Vigilant's LEARN Platform Technical Response - Revision 2 SUBMITTED TO U.S. Department of Homeland Security Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) SUBMITTED TO: r }(6);(b}(7)(c) SUBMITTAL DATE: December 22, 2017 SUBMITTED BY Thomson Reuters (West Publishing Corporation) L1b~ )(62 );(~ bX~7)~ (C~ ) __~I,CFAPMP Senior Proposal Coordinator Kb)(6);(b}(7)(C) Client Relationship Manager Phone: 703-909-1b)(6);l1 Phon e: 443- 622 ~ E-m a il : kb}(6);(b}(7)(C) E-mail : ~b)(6); (b}(7)(C) {~:B~)j THOMSON ':::,:; ;- REUTERS~ Source Selection Sensitive This document includes proprietary information that shall not be duplicated, used, or disclosed outside of DHS ICE-in whole or in pa rtfor any purpose ot her than evaluating this proposal. This information is deemed proprietary because it contains pricing and confident ia l corpo rate information that is of critical value to Thomson Reuters and our partners in a highly competitive market. 2018-ICLI-00035 1019 Contents INTRODUCTION ...................................................................................................... 1 SECTION I - TECHNICAL APPROACH ................................................................ 2 C.4 RESPONSES TO PERFORMANCE REQUIREMENTS ............................................. 2 Data Serv ice Content/Scope ........................................................................................................... 2 User Managelnent and Support. ...................................................................................................... 5 Functional Requ irements ................................................................................................................ 7 Query Capabili ties .................................................................................................................................... 7 Alert List Capabilities ............................................................................................................................ 10 Mobile Device Capabilities .................................................................................................................... 12 Audit and Reporting Capabilities ........................................................................................................... 13 C.S C.6 C.7 C.S IS NOT IDENTIFIEDIINCLUDED IN THE STATEMENT OF WORK .................... 16 PROMOTION OF THE CONTRACT ........................................................................ 17 NEWS RELEASES ...................................................................................................... 17 LICENSE TyPE .......................................................................................................... 17 SECTION II - PAST PERFORMANCE ................................................................. 18 it '.:~·~·: ','::' ., .~. Page i THOMSON REUTERS Thomson Reuters Response to DHS ICE December 2017 2018-ICLI -00035 1020 Introduction Thomson Reuters has a long history of co mmi tment to meeting the in formational needs of the Department of Homeland Security (DHS), incl uding Immi gration and Customs Enforcement (ICE), and we seek to maintain and expand that relationship in responding to the current Request for Quote for access to a License Plate Reader database. Through the combinati on of comprehensive and reliable data, technology. and ex perti se in how public records and related in formation can benefi t government objecti ves, Thomson Reuters, with our partner, Vigi lant Soluti ons, is uniquely positi oned to help ICE meet your agency's di verse chall enges with our subscription services. Based on conversations with ICE personnel about the specific in vesti gati ve needs of ICE, Thomson Reuters can provide access to li cense pl ate reader data via a hyperlink to the LEARN pl atform through the CLEAR pl atform . Providing access to the data through CLEAR provides reassurance to rCE, by virtue of ex isting agreed-upon terms and auditing requirements, per agency mandate. This offer also prov ides access to LPR through Vigilant's LEARN platfoml , which is maintained and supported by Vigi lant. The Thomson Reuters CLEAR team has been success full y supporting DHS' s investi gati ve research needs and initi ati ves since the agency's incepti on. We are proud to support the DHS and look fo rward to continu ing our long-stand ing partnership. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI -00035 1021 Pa ge 1 December 2017 C.4 Responses to Performance Requirements In thi s section of our response, we respond directly to the Perfonnance Requirements in the Statement of Work of th e RFQ. Th e information presented here is considered proprietary and confidential. DATA SERVICE CONTENT/SCOPE We propose access to License Plate Reader (LPR) data via hyperlink from Thomson Reuters CLEAR to Vigilant Solutions' (Vigilant's) LEARN platform. Requirement: The LPR data serv ice shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossess ion companies, and law enforcement agencies. Response: The offered LPR data is collected from various toll roads, parking lot/garages, repossess ion vehicles and law enforcement agencies nationwide. Requirement: The LPR data service shall include substantial unique LPR detection records. Response: Vigilant's database currentl y has hundreds of millions of unique detection records from commercial sources. Bes ides LPR records from commercial sources such as parking garages, tolls and asset recovery vehicles Vigilant also has a large network of local and state law enforcement agencies (LEAs) across the country. Thi s network of LEAs has the ability to share their LPR records with ICE regardless of their LPR hardware provider. All LEA detection records are the intell ectual propert y of the LEA and all retention times and permiss ions on these records are set by those agencies. Vigilant only hosts and maintains those records. Requirement: The LPR data service shall compile LPR records from at least 25 states and 24 of the top thirty (30) most populous metropolitan stati stical areas within the United States to the extent that coll ection of LPR data is authorized by law in those locations. A metropolitan statisti ca l area is defined as: a geographical region with a relatively hi gh population density at its core and close economic ties throu ghout the area as defined by the Office of Management and Budget (OMB) and used by the Census Bureau and other federal govern ment agencies for stati stical purposes. Response: Forty-seven (47) states, the District of Columbia, and Puerto Rico have commercial LPR scan records. (Hawaii , Maine, and Vermont do not. ) A li st of the most populous 50 metropolitan areas in the US with commercial LPR data is provided below and exceeds the minimum requirement by DHS. Additional locations can be provided upon request. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 1022 Pa ge 2 December 2017 ~ 2 3 4 5 6 7 8 9 ~ I " sA , D"I ,W"rll ,- <, ,.1 I M; I,FL ,n II -T, R"I\ ; [) :A ,A ' , Mr Kc , ' VA_Nr IrA ,TX k-J A, 99% uptime. With the except ion of scheduled outages, LEARN Hosted LPR Services will be accessible 2417/365 . We agree that downtime shall not eclipse (4) hours in any given month, with the exception of major upgrades or system mi gration s. We agree that the mean time between fai lures (MTBF) will not exceed a mean of 4,000 hours between fai lures. Vigil ant 's average LPR Query Response Time for a Single exact Plate is reliably fa st; however, we cannot guarantee 10 '" q<>o(e. pie . .. so IMPORTA.NT: Thio it. ~Sl I'" In1O, 1<1<1 qo.ooI&tiont in. T... _ , 000. "'" GQo"I"I"'" ,,,. 00>",,",,*,' to P'>'I .... y COOI$ 10. PLEASE FURN ISH OUOTA.TIOOS TO THE ISSUING OfFICE IN BlOCK 50> ON OR BEFORE C LOSE Of BUSINESS (0"",) -..red in "'" po-e paralioo 0I1IMI """"iMOoo 01 .... quotation or 10 rontrocl lor > ..... ~ muot be compIotod D)' 1IMI _ D)' """"". My ~...,l;>1iono and/", "",*"tiono Mtod'>ood to "... Rod U ·· 13. NAME /!.NO AJJORESS Of OUOTER 10, • . NAME Of OUOTER SIG ~ A.T\JRE Of PERSON A.IJTHORIZEO TO SIGN OUOTA.T ION 15, DATE Of OUOTA.TION 16, SIGNER b. STREET ADDRESS •. NAME (Type b. TE l ~PHONE Of pritJ'! ~,~ O. COUNTY d.C ITY I •. STATE I. Z IP CODE c,T ITlEIType Ofprifll) AUTHORIZED FOR LOCAL REPRODUCTION Prev;ous edrtiofl flOt usable NUMBER STANDARD FORM 18 (REV. 6-95) Prescribed by GSA _FAR (48 CFR) 53.215-1(a) 2018-ICLI -00035 1043 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BE ING CONTINUED 7QCDCR18Q00000005 51 NAME OF Of"FEROR OR CONTRACTOR ITEM NO OUANT ITY UNIT SUPPLIES/SERVICES (AI (CI (BI (01 This is a Firm Fixed Price (FFP) CLIN. (Op t ion Line Ite m) 02/20/2018 Product/Service Code : 0317 Product/Service Description : IT AND TELECOMEB-BASED SUBSCRIPTION Period of Performance : 02/01/2018 to 01/31/2019 0003 Option Period 2 - 02/01/2019 - 01/31/2020 CCESS TO LICENSE PLATE SYSTEM (All ICE Users ) This is a Firm-Fixed Price (FFP) CLIN . 12 MO (Op t ion Line I tem) OS/20/2018 Product/Service Code : 0317 Product/Service Description : IT AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2019 to 01/31/2020 0004 Option Period 3 - 02/01/2020 - 09/30/2020 CCESS TO LICENSE PLATE SYSTEM (All ICE Users ) This is a Firm-Fixed Price (FFP) CLIN . (Op t ion Line I tem) 08/20/2018 Product/Service Code : 0317 Product/Service Description : I T AND TELECOMEB-BASED SUBSCRIPTION Period of Performance : 02/01/2020 to 09/30/2020 2018-ICLI -00035 1044 8 MO UNIT PRICE (EI AMOUNT (FI 3 Request for Quote for Access to License Plate Database Contracting Office Address: Immigration and Customs Enforcement Office of Acquisition Management 801 I. St NW, Washington, DC 20536 Description: NAICS Code: 519190 - Al l Other Information Services. This is a combined synopsis/request for quote for commercia l items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and under the authority of FAR 13, as supplemented with additional infoffilution included in this nOlice . The North American Industry Classification System (NA ICS) Code for this procurement is 519190 and is being conducted as sole source procurement. The Immi gration and Custom's Enforcement's (ICE) Enforcement and Removal Operations (ERO) and Homcland Security in vcst igations (I'ISI) is rcqucsting that vendors submit a quote for a firm fixed price contract for access to a license plate reader database as set forth in the attached Statement of Work (SOW). Period of Performance: The anticipatcd period of performance wi ll include a base period of forty·one (41) days, two (2) twelvemonth options periods, and one (I) eight-month option period. Instructions to Offerors/Response Reguirement: Interested contractors must submit information necessary to demonstrate their capabil ities to support the ICE requirements including perfornlance requirements, functional requirement, alert list capabilities, mobile device capabi lities, audit and reporting capabi lities, as specified in the attached Statement of Work. Offerors shall return the complete quotation package, in electronic formal. Electronic copies can Iat be sent to Kb)(6);(b)(7}(C) Kb)(6);(b}(7)(C) I Facsimile and hard copy quotes are not permitted and will be disregarded if recei ved. All electronic files should be labeled with the Offeror's name, quotation number, submission date and the words "Source Selection Sensitive" and " Law Enforcement Sens itive". Proprietary information sha ll be clearly marked. a. Format. The submission sha ll be clearly indexed and logically assembled. Each section shall be appropriately numbered and clearly identified with the date and quotation number in the header and/or footer and shall begin at the top of each page. NOTE: Please submit a signed and dated cover letter with your quote addressed tO ~b)(6); (b)(7}(C) I with your company's contact information. A Table of Contents should be included. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies to all sections. Times New Roman fonts is suggested. b. File Packaging. Written quotes shall be submitted in one volume with three (3) sections, as outlined below. Use tab indexing suffic ient to identify all sections within a particular quote section. The Offeror is required to provide the quote via email to 2018-1CLl-00035 1045 4 EiFbi!)(~6)iJ;(b~)l! (7E: XCS)C=======:::::::;::==:::::======::::J1 The Offeror should submit Attachment 4 in Microsoft Excel, with viewable calculations. The follow ing sha ll be included in the Narrat ive discussion: SECTION I TECHNICAL APPROACH: The offeror must submit information to demonstrate thaI the Offeror' s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the Request for Quote and whether the Offeror's methods and approach to meeting the SOW requirements provide the Govemment with a high level of confidence of successful completion. No pricing information is to be provided in the Technical Quote. Technical Database Information Submittal. The vendor shall provide a description of its electronic infonnation retrieval services that addresses: • • • • • • Compliance with the SOW Number of current records Ability to collect new records Identification of states or metropolitan areas where signi fi cant records are provided Ability to add and/or delete subscribers Return time on query Quality Control Plan. The Offeror's Quality Control Plan (QCP) should describe the methods it wi ll use to review its performance to ensure it conforms to the performance requi rements. The Offeror' s QCP should include methods that ensure and demonstrate its compliance with the performance requirements and the QASP discussed in Attachment 2. SECTION 11- PAST PERFORMANCE: The contractor shall provide a li st of contracts or orders for the purpose of past perfornlance evaluation. The contractor may also provide other fornls of documentation which provide infonnation on the company's past performance. Valid past perfonnance is evidence of similar work accomplished within the past three years. SECTION 111- PRICE. The offeror shall complete Attachment 4, with pricing for the base and each option period for each Contract Line Item (CLlN). A Firm Fixed Price Quote and a written technical quole must be submitted by December 15,2017 by 5:00 PM EST (1700) via email t oj(b)(6);(b)(7}(C) land ~b)(6); (b)(7}(C) I Quotes must include the company's name, point of contact, address, area code and telephone number and (ma ndatory) DUNS number. All quotes received without va lid DUNS number (those not registered in the System for Award Management (SAM) www.sam.gov), wi ll be considered ineligible. Issue of the contract will be made to the contractor that offers the best va lue to the Government, cons idering price, past performance, and technical in accordance with FAR 13.106. The Government wi ll award a contract resulting from this solicitation to the responsible offeror whose offer confirming to the solicitation will be most advantageous to the Government, price, and other factors considered. The criteria for evaluation arc as follows: I. Techn ical Capability 2. Past Perfonnance 3. Price. 2018-ICLI-00035 1046 5 The above listed evaluation factors are listed in descending order of importance . Technica l and past performance, when combined, is significantly more important than price. Instructions: FAR 52.212-\ "Instructions to Offerors - Commerc ial" applies to this acquisition. Offerors are to include a copy of FAR provision 52.212-3 "Offeror Representations and Certifications Commerc ial Items" with their response. The fo llowing FAR clauses also apply: 52.2124 "Contract Terms and Conditions - Commercial Items" and 52.212-5 "Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commerc ial Items", with the clauses cited further in this synopsis as being applicable. The aforementioned provisions and clauses can be accessed electronically at http ://acquisition.gov/comp/far/index.html. Prospective sources are reminded that award can only be made to a contractor who is registered in the System for Award Management (SAM) (www.sam.gov) database with an active Dun & Bradstreet Number. Attachments: Attachment I: Statement of Work (SOW) Attachment 2: Quality Assurance Surveillance Plan Attachment 3: Tcrms and Conditions Attachment 4: Price 2018-ICLI -00035 1047 6 Statement of Work Access to License Plate Reader Commercial Data Service C. I. l NTRODUCTION AND BACKGRO UND. The intent of this Statement of Work (SOW) is to describe ICE's operational requirements to obtain querybased access to a commercially avai lable License Plate Reader (LPR) database to support its criminal and immigration law enforcement missions. A commercial LPR database stores recorded vehicle license plate numbers from cameras eq uipped with license plate reader technology. Records arc uploaded into the system from a variety of governmental and private sources including, but not limited to, access control systems such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. Licenses to access the commercial database are sold to commercial consumers as well as to law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database. ICE wi ll use LPR information obtained in response to queries of the commercial database to further its criminal law enforcement and civi l immigration enforcement missions. ICE immigration enforcement personnel will query the LPR database using known license plate numbers associated with subjects of their immigration enforcement activities, to determine where and when the vehicle has traveled withi n a specified period of time. The results of the queries will assist in identifyi ng the location of aliens to further ICE's immigration enforcement mission. ICE will also use LPR infonnation obtained from the commercial database to furthe r its criminal law enforcement mission, which includes investigations relatcd to national sccurity, illegal arms exports, fina ncial crimes, commercial fraud, human trafficki ng, narcotics smuggl ing, ch ild pornography, and immigration fraud. For example, use of LPR data in this context could he lp to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal activity, such as smuggling. Use of this data is expected to enhance officer and publ ic safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g. , away from a subject's residence if there are suspected to be children or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially available, query-based LPR database for ICE law enforcement personncl at ICE offices across the United States in the execution of their official law enforcement duties. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performance Requirements The vendor provides: Data Service ContentJScope • The LPR data service shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substant ial unique LPR detection records. • The LPR data service shall compile LPR from at least 25 states an d 24 of the top 30 most populous metropolitan statistical areas to the extent authorized bv law in those locations. o A metropol itan statistical area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office 2018-ICLI-00035 1048 7 of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies fo r statistical purposes. • The LPR data service provider shall demonstrate the number of new unique records that were added to the commercially available LPR database each month for the last consecut ive twelve (12) months. • The LPR data service shall make avai lable at IcaslJO million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing similar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing simi lar services 10 other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instructions and guidance to fac ilitate usc of system. • The abil ity to compare new user requests with lists of personnel authorized by ICE to usc the vendor system. • Automatic verification of accounts with the ability to audit by using the user's Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or indirectly by the National Law Enforcement Telecommunication System (N LETS). • The ability to add new users or delete existing users within 24 business hours of ICE's request. • Ini tial trai ning to orient personnel to the use of their system, including " Help Desk" support related to the use, access, and maintenance of the system. • System training and "Esca lation Procedures" for agency manager and shall include procedures for resetting passwords. • Unlimited technical support to each user. • Periodic or as needed updates to the web interface and mobile application. The vendor will employ appropriate technical, administrative, and physical security controls 10 proteellhe integrity, availability, and confidenlialily of lhe data resident in its system. Functional Requirements Query Capabilities • Before a user is able to perform a query from the main system or mobile appl ication, the system must display upon logon a splash screen that describes the agency's pennissible uses of the system and data, and requires the user to affirmatively consent to these rules before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be avai lable 10 Ihe users via a hyperlink within the main system interface (including any mobile app interface). o The agency wi ll provide the language for the splash screen content. • All queries of the LPR data service shall be based on a license platc numbcr queried by the user only, and Ihe data returned in responsc must be limited 10 matchcs of that license platc number only within the specified pcriod of time. 2018-ICLI-00035 1049 8 • The system will not permit user queries of the data service unless a license plate number is entered. A query can only be conducted by entering a license plate number. • The query interface will incl ude a drop-down field fo r users to select a reason code for the query from a pre-populated list. The specific reason codes wil l be provided by ICE. This field is mandatory for conducting a query. • The query interface wi ll require a user 10 identify whether the user is entering data for him or herself or fo r another individual. If the user is entering data for another individual, the query interface will require the user to enter the name of the other individual. • The query interface must include a free- text field of at least 255 characters for user notes. This will allow for additional information that will assist ICE in refcrencing the specific case for which the qucry was performed. Completing this field shall be mandatory for conducting a query. • The system will have the capability to limit the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface wi ll have a field for the user to select or input the appropriate timeframe fo r the query. o The system will display results only for LPR detecti on records within that timeframe (e.g. , only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets, with a margin of error not more than 2%. • To ensure accuracy of information, the response to a query must include at least two photos on all hits. o Photos must be of sufficient quality to allow the user to visually confirm the license plate and vehicle make/model in the photo arc the same as what is represented in the vendor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two diITcrent map views, nearest address, nearest intersection, date and time the liecnse plate was captured, GPS coordinates, and source of the record. o The vendor shall provide a notification mechan ism in the event ICE users identify photographs that do not match the data in their system (license plate numbers or make/model mismatches). The vendor shall address all erroneous data. The vendor shal l notify ICE and the ICE uscr of any inputted erroneous data and keep ICE and ICE users informed of corrections to erroneous data. • The vendor will not use any information provided by the agency (query data) for its own purposes or provide access or d iselose such information to other customers, business partners, or any other individual or entity. • The vendor will not usc ICE' s queries (the liecnse plate numbers input into the system) for its commcrcial purposcs. The vcndor will only usc the queries submitted by ICE to maintain an audit log. Alert List Capabilities • The LPR data service shall provide an "Alert List" feature that wi ll allow ICE users to save license plate numbers so they wi ll be automatically queried agai nst new records loaded into the vendor's LPR database on an on-going basis. Any matches wi ll result in a ncar real-ti me notification to the user. 2018-ICLI-00035 1050 9 • The LPR data service Alert List wi ll provide capabil ities to share Alert List notifications between ICE users involved in the investigation. • The Alert List feature wi ll: I) Automatically match new incoming detection records to user-uploaded orentered Alert Li sts containing the license plate numbers of interest in the investigation; 2) Send an email notification to the user originating such Alert List records and to any ICE user that has been shared the Alert List indicating there is a license plate match to new records in the system; and 3) Provide within the LP R system for download a PDF case fi le report for the match (wi th maps, vehicle images, and all pertinent detection & Alert List record informat ion) for eac h email alert notification . The notification must be able to be limi ted to the user or a user group of ICE law cnforcement officers involved in the specific investigation. The notification will comply with all applicable laws, including the Driver's Privacy Protection Act of 1994, 18 U.s.c. §§ 2721 -2725. • The LPR data service wi ll allow specifica lly designated users to batch upload a maximum of 2,500 license plate records into the "Alert List". The batch upload will be in the form of a single comma separated variable (CSV) fi le with data fields to include, but not limited to the fo llowing: Plate number; State of Registration; Vehicle Year, Make, Model & Color; reason code and an open text field , of at least 255 characters, fo r a user note to assist in referencing the specific purpose / investigation / operation for which the query was performed. • The Alert List func tion wi ll include an automated capability that flag s license plates for de-confliction. • Each license plate number on an Alert List will be valid for one year unless the uscr removes it before expiration. The system will prompt users two weeks prior to expiration and require the user to affirmatively ind icate that there continues to be an operational requirement to keep the particular license plate entry on the Alert List active, or be given the option to delete the license plate from the Alert List. Prompts shou ld continue period ically until the expiration date is reached. The system will grant the user an add itional week after expiration to renew the entry in the Alert List. If the user does not renew, the system shall remove the license plate number from the Alert List. • All Alert List activity sha ll be audited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall not retain any data entered onto an Alert List except as part of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert List. Mobile Device Capabilities • The LPR data service shall feature an iOS-compatible mobile appl icat ion that allows authorized ICE users to: o Query the LPR dala service by entering the license plate number, state of registrat ion, reason code, and the ability to add returned positive matches into the Alert List. o Have quick access and recall of any queries and Alert Lists associated with the user or designated user group. The vendor appl ication will delete any saved data on the mobi le device after 60 days, ifnot already deleted manually by the user. o Provide capabilities to share Alert List notifications between ICE users involved in the investigation. 2018-ICLI -00035 1051 10 • The mobile application wi ll conform to all other performance, privacy, and functional requirements identified in the SOW. The vendor shall coordinate with ICE to make sure that the mobile application undergoes the required privacy assessment prior to usc. AUfiit ami Reporting Capabilities • The vendor shall generate an immutable audit log in electron ic fo rm that chronicl es the fo llowing data: o Identity of the user initi ati ng the query or the person on whose behalf the query is initiated, if diffe rent; o Exact query entered, to include license plate number, date limitations, geographic limitations (if applicable), rcason code, and any other data se lected or input by the user; o Date and time of query; and o Results of the query. • All Alert List activity shall be audited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall provide to ICE user aud it reports on a quarterly basis and upon request. Audit reports shall contain the audit log information of a given user(s) for the specified period of time. The vendor shall provide the audit log in electronic fo rm via secure transmission to ICE promptly upon request. The format of the audit log shall allow for ICE to retrieve user activity by user name (or 10), query entered (e.g., part icular license plate) and date/time. The exact technical requirements and format for the audit log will be negotiated after contract award. • The vcndor shall promptly cooperate with an ICE request to retrievc and providc a copy of the actual records retrieved from thc LPR data service in response to a particular query, or any other data relevant to user activity on the vendor system, for purposes of the agency' s internal investigations and oversight. • The vendor shall not use audit trai l data fo r any purpose other than those specified and authorized in this contract. • The vendor is to provide quarterly, or upon request, statistics based on positive hits against the number of requested searches and hit list. • Thc audit logs specified in this statcment of work arc rccords undcr thc Fcderal Rccords Act. Thc vendor shall mai ntain thesc records on bchalf of ICE throughout the lifc ofthc contract, but for no morc than scvcn (7) ycars. Thc vendor is not authorizcd to share thcse rccords, or the Alert List data, with any outsidc entities including other law enforcement agencies. AI the end of the contract, the vendor shall extract, transfer, and load these records (including any still-active Alert List data, if requested by ICE) to another storage medium or location specified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After successful transfer of these records, the vendor shall ensure all copies of the records (including any st ill-active Alert List data) are securely deleted from all networks and storage media under its control or under the control of any of its agents or subcontractors. The vendor shall meet the following Key Performance Parameters (KPPs): 1\1etnc LPR Data Service Llnit of Measure l\1inllnum Uptime - Unit of measure 100% > 99.0 Operat ing Schedu le 24171365 Scheduled downtime 99.0 Operating Schedule 24171365 Scheduled downtime 99.0% Validated User/Customer Complaints 100% Inspection Withholding C riteria to Monthlv Payment - 20% withholding for the fi rst hour (or any part thereot) in excess of the 4 hour limitation . - 0.5% withholding for each hour thereafter unti l the data service is operable. The withholding shall be determined by prorating the number of days deficient within the particular billing month. Performance Requi rement Paragraph Performance Standard Overall Support Service 4.4 4.10 Support Availability Results of LPR Query 4.5.3 4.6.2 Length of time fo r Results of LPR query to appear after being entered in the end-user computing device Performance Level Surveillance Method Support Service must be available 2417/365 >99% Monitored monthly during the Transition In period. Contractor sel fmonitoring and Validated User/Customer Complaints 100% Inspection Less than 5 seconds after submission 95% Monitored monthly during the life of the contract Contractor Selfmonitoring and Validated User/Customer Complaints 100% Inspection Performance Indicator 2018-ICLI-00035 1057 Withholding C riteria to Monthl" Payment -98% / 93% / 88% compliance will result in 2% / 5% I 10% withhold ing from the invoice(s) of the facilities involved. The withholding sha ll be determined by prorating the number of days deficient within the particular billing month. -93% / 88% / 83% compliance will resu lt in 2% / 5% / 10% withholding on the total volume of reports for the facility. The withholding shall be determined by prorating the number of days deficient within the particular billing month. 4. METHODS OF QUALITY ASS URANCE (QA) SURYE ILLANCE Regardless of the surveil lance method, the COR shall always contact the Contractor's task manager or onsite representati ve when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the CO, shall be responsible for monitoring the Contractor' s performance in meeting a specific performance standardlAQL. Various methods exist to monitor performance. The COR wil l use the surveillance methods listed below in the administration of thi s QASP. a. PER IODIC INSPECTION • Schedul ed quarterly inspection of audit logs or as required b. V AUDATED USER/CUSTOMER COM PLAIN TS The Contractor is expected to establ ish and maintain professional communication between its employees and customers. The primary objective of thi s communication is customer satisfaction. Customer sati sfaction is the most significant external indi cator of the success and effectiveness of all services provided and can be measured through customer complaints. Perfonnanc e management drives the Contractor to be customer focused through initially and internal ly addressing customer complaints and invest igating the issues and/or problems but the customer always has the option of commun icating complaints to the COR, as opposed to the Contractor. Customer complaints, to be considered va lid, must be set forth clearly and in writing the detailed nature of the compla int, must be signed, and must be forwarded to the COR. Customer fee dback may also be obtained either from the resu lts of customer satisfaction surveys or from random customer complaints. • • • Review of identifi ed defic iencies and or complaints made by users of the services Investigate and validate Review of notification of report d iscrepancies c. 100% INSPECTION • • • • Review of LPR Data Service uptime Review of Scheduled Downtime Review Meantime Between Fail ure (MTB F) Review Overall Support Service Availab ili ty d. Analysis of Contractor's progress report . The Contractor is req uired to provide a weekly progress report that will be used to communicate the Contractor's status in the Transition phase. e. Performance reporting. Survei llance results will be used as the basis for actions aga inst the Contractor Past Performance Report. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO's actions. 2018-ICLI -00035 1058 5. DOCUMENTI NG PERFORMANCE Documentation must be accurate and thorough. Completeness, currency, and accuracy support both sati sfactory and unsatisfactory perfonnancc a. ACCEPTABLE PERFORMANCE The Government shall document positive performance. All positive performance should be documented by an email to the COR describing the outstanding perfonnance and why it is of value to the Government. This information shall become a part of the supporting documentation for the Contractor Performance Assessment Reporting System (CPARS) and the QASP b. UNACCEPTABLE PERFORMANCE When unacceptable pcrfonnancc occurs, the COR shall infonn the Contractor. This will be in writing unless circumstances necessitate verbal communication. in any case the COR shall document the discussion and place it in the COR file. When the COR determines formal wri tten communication is required, the COR shall prepare a Contract Di screpancy Report (CDR), and present it to the Contractor's representati ve. A CDR template is attached to thi s QASP. The Contractor wi ll acknowledge recei pt of the CDR in writing. The CD R will spec ify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable perfomlance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to prese nt th is corrective action plan to the COR. The Government shall review the Contractor's correctivc action plan to dctenninc acceptabil ity. Any CDRs will become a part of the supporting documentation for Past Performance. 6. FREQUENCY OF MEASUREMENT Wh ile the Contractor is fully expcctcd to comply with all rcquircments in the PWS, the Government's assessment of Contractor performance will focus mainly on the objectives listed in the AQL column of the Performance Standards Summary Matrix. The COR wi ll monitor the Contractor's performance to ensure it meets the standards of the contract. Unacceptable perfonnance may result in the Contracting Officer taking any of the fo llowing actions: Require the Contractor to take necessary action to ensure that future perfonnance confonns to contract requirements, reduce the contract price to reflect the reduced value of the services, issue a Contract Discrepancy Report, or require the Contractor to re-perfonn the service. In addition, the Contractor 's performance will be recorded annually in the Contractor Perfonnance Assessment Report (CPAR). Signature - Contracting Officer's Representative Signature - Contracting Officer 2018-ICLI -00035 1059 ATrACHMENT 3: TE RMS AND CON DI T IONS CUSTOM CO ADDED TERM S AN D CON DITIONS In the case ofa conflic t between the terms and conditions of the contractor's agreement and the terms and cond itions of this purchase order, all appl icable federa l statutes and regulations shall govern. 52.204-21 BASI C SAFEGUARDING OF COVE RED CONTRACTOR INFORMATION SYSTEM (JUN 2016) (a) Definitions. As used in this clause"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract informat ion. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or del iver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. " Information" means any commun ication or representation of knowledge such as fac ts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Securi ty Systems Instruction (CNSSI) 4009). " Information system" means a discrete set of information resources organized fo r the col lection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or control s that are prescri bed to protect info rmation systems. (b) Safeguarding requirements and procedures. (\) The Contractor shall apply the following basic safeguarding rcquircments and procedures to protect covered contractor infonnat ion systems. Requiremcnts and procedures fo r basic safeguarding of covered contractor informatio n systcms shall include, at a minimum, the following security controls: (i) Limit informa tion system access to authorized users, processes acting on bchalf of authorized users, or devices (including other information systems). (ii) Limit infonnation system access to the types of transact ions and funct ions that authorized users are pennilled (0 execute. (ii i) Verify and control/limit connections to and use of external informat ion systems. (iv) Control infonnation posted or processed on publ icly accessible information systems. (v) Identify information system users, processes acting on behal f of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowi ng access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Infonnation before d isposal or release for reuse. (viii) Limit physical access to organizational infonnation systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases arc available. 2018-ICLI-00035 1060 (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguardi ng requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including th is paragraph (c), in subcontracts under this contract (including subcontracts fo r the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its info rmation system. 52.209-07 INFORMATION REGARDING RESPONS IBILITY MATTERS (JUL 2013) (a) Defi nitions. As used in this provision. "Admini strative proceeding" means a no n-judicial process that is adjudicatory in nature in order to make a detem1ination of fault or liabi lity (e.g., Securities and Exchange Commission Administrative Proceedings, Civi lian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State leve l but only in connection with performance of a Federal contract or grant. It does not include agency actions suc h as contract audits, site visits, corrective plans, or inspection of deliverables. " Fcderal contracts and grants with total value greater than $ 10,000,000" means. (I) The total value of al l current, active contracts and grants, including all priced options; and (2) (2) Thc total value ofa l! currcnt, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). " Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibi lities within a business ent ity (e.g., general manager; plant manager; head ofa division or business segment; and similar positions). (b) The offeror [1 has [ ] does not have current active Federal contracts and grants with total value greater than S I 0,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (F APII S) is current, accurate, and comp lete as of the date of submission of this offer with regard to the fo llowing information: (1) Whether the offeror, and/or any of its principals, has o r has not, within the last fi ve years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a fi nding of fault and liabil ity that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more. (ii i) In an administrative proceeding, a findi ng of fault and liabi lity that rcsu lts in. (A) The payment of a monetary fine or penalty of$5 ,000 or more; or (B) The payment ofa reimbursemcnt, rcstitution, or damages in exccss ofS 100,000. (iv) In a criminal, civil, or administrative procecd ing, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor ifthc proeecding could have led to any of the outcomes specified in paragraphs (c)( I lei), (c)( I )(ii), or (c)( I )(iii) of this provision. 2018-ICLI-00035 1061 (2) [fthe offeror has been involved in the last five years in any of the occurrences listed in (c)(I) of this provision, whether the offeror has provided the requested infonnation with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)( I)(i) through (c)(I)(iv) of this provision in FAPllS as required through maintaining an active registration in the System for Award Management database via https:llwww.acquisi tion.gov(see52.204-7). S2.212-IINSTRUCTIONS TO OFFERORS. COMMERCIAL IT EMS (J AN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisi tion appear in Block [0 of the sol icitation cover sheet (Sf. [449). However, the small business size standard for a concern which submi ts an offer in its own name, but which proposes to furnish an item which it did not itse[fmanufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF [449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show. ([) The sol icitation number; (2) The time specified in the solicitation fo r receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A tcchnical dcscription ofthc itcms bci ng offcrcd in sufficient detail 10 cva[uatc comp[iancc with thc requircments in thc solicitation. This may include productl itcrature, or other documents, if necessary; (5) Tern1s of any express warranty; (6) Price and any discount terms; (7) " Rcmit to" address, if different than mai ling address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete e lectronically); (9) Acknowledgment ofSo[ici tation Amendments; ([ 0) Past performance information, when included as an evaluation fac tor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (II) Irthe offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the tenns and conditions of the sol icitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer finn for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the sol icitation. (d) Product samples. When required by the sol icitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in Ihis solicitation, these samples shall be submitted at no 2018-ICLI-00035 1062 expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward test ing. (e) Multiple offers. Offerors are encouraged to submit mUltiple offers presenting alternative terms and condit ions, including alternative line items (provided that the alternat ive line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitat ion. Each offer submitted will be evaluated separately. (t) Late submissions, modifications, revisions, and withdrawals of offers. (I) Offerors arc responsible for submining offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time speci fi ed in the sol icitation. lfno time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and. (A) lfit was transmitted through an cleetronic commerce method authorized by the sol icitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (8) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this sol icitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to estab lish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, othcr documentary evidence ofreceipt maintai ned by the installation, or oral testimony or statements of Government personnel. (4) If an cmergeney or unanticipated event intelTUpts normal Govcrnment processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the so licitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the firs t work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral so licitations may be withdrawn orally. If the sol icitation authorizes facs imile offers, offers may be withdrawn via facsimile received at any time before the exact time set fo r receipt of offers, subject to the conditions specified in the sol icitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is establ ished and the person signs a receipt for the offer. (g) Contract award (not applicable to Invi tation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct di scussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such 2018-ICLI-00035 1063 action is in the public interest; accept other than the lowest offer; and waive informali ties and minor irregularit ies in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qual ifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right 10 make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availabi lity of requirements documents cited in the sol icitation. (I)(i) Thc GSA Indcx of Fcderal Spccifieations, Standards and Commercialltcm Descriptions, FPMR Part 101-29, and copics of spccifications, standards, and commcrcial itcm descriptions cited in this solicitation may be obtaincd for a fee by submitting a request to. GSA Fcderal Supply Scrvicc Spccifieations Sect ion Suitc 8100 470 East L' Enfant Plaza, SW Washington, DC 20407 Telephonc (202) 619-8925 Facsimile (202) 6 19-8978. (ii) Ifthc Gcncral Serviccs Administration, Dcpartmcnt of Agriculturc, or Departmcnt ofYctcrans Affairs issucd this sol icitation, a single copy of spccifieations, standards, and commercial item descri ptions citcd in this solicitat ion may be obtaincd free of charge by submitting a request to the addressec in paragraph (i)(1 lei) of this provision. Additional copies will bc issucd fo r a fcc. (2) Most unclassified Defense specifications and standards may be downloadcd from the fo llowing ASSIST wcbsites: (i) ASSIST (https:llassist.dla.mil/online/startJ). (ii) Quick Search (http;llguieksearch.dla.mi ID. (ii i) ASS1STdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by. (i) Using the ASSIST Shopping Wizard (https:llassist.dla.millwizardlindex.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (ii i) Ordering from DoDSSP, Building 4, Section 0 , 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their prcparation, publication, or mai ntenance. U) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of$3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" 2018-ICLI-00035 1064 followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (E FT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying al ternative EFT accounts (see subpart 32 . 11) for the same entity. If the Offeror does not have a un ique enti ty identifier, it should contact the enti ty designated at www.sam.gov fo r unique entity identifier establishment directl y to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the enti ty designated at www.sam.gov for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, duri ng performance and through final payment of any contract resulting from this sol icitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracti ng Officer wi ll proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through hllps://www.acquisition.gov. (I) Debriefin g. If a post-award debriefing is given to requesting offerors, the Government shall diselose the following information, if applicable: (I) The agency's evaluation of the significant weak or deficient fac tors in the debriefed offeror' s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commcrcial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable respo nses to relevant quest ions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, appl icable regulations, and other applicable authorities were fo llowed by the agency. (End of provision) S2.212-2EVAL.. UA TION. COMMERCIAL.. ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: I. Technical Approach II. Past Perfonnance II I. Price Technical and past performance , when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option 2018-ICLI-00035 1065 prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A writtcn noticc of award or acceptance of an offer, mailed or otherwise furnishcd to the succcssful offcror within the time for acceptance specified in the offer, shall result in a binding contract without fu rther action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 (NOV 2017) OFFEROR REPRESENTATIONS AND CERTIFICATIONS. COMMERCIAL ITEMS The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electron ically via the System fo r Award Management (SAM) website located at https:llwww.sam.gov/portal. If the Offcror has not completed the annual represcntations and ccrtificatio ns electronically, thc Offeror shall completc only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision. "Econom ically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which arc controlled by, onc or morc womcn who arc citizcns ofthc Unitcd Statcs and who arc economically disadvantaged in accordance with 13 CFR part 127. It automatically quali fies as a women-owned small business eligible under the WOSB Program. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or morc cntitics that control an immcdiate owner of tile offeror. No entity owns or exercises control of the highest level owner. " Immediate owner" means an entity, other than the offeror, that has di rect control of the offeror. Indicators of control include, but are not limited to, one or more of the fo llowing: ownership or interlock ing management, idcntity of intcrests among family mcmbers, shared fac ilitics and cquipment, and the common usc of cmployees. " Inverted domestic corporation", means a fore ign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(bl, appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except. (I) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Ani mals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Gradcs of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricul tural and Forestry Products; (8) PSC 96 10, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. " Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the fi nished product that is to be provided to the Government. If a product is disassembled and reassembled, the place ofreasscmbly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mi neral extraction activities, o il-related activities, or the production of mi litary equipment, as those terms are defined in the Sudan Accountability and Divestment Act of2007 (Pub. L. 110-174). Restricted business operations 2018-ICLI -00035 1066 do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Di vestment Act of2007) conducting the business can demonstrate. (\) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Arc conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providi ng goods or services to marginalized populations of Sudan; (4) Consist of providi ng goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education ; or (6) Have been voluntarily suspended. "'Sensitive technology". (\) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically. (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Docs not include information or inforn1ational materials the export of which the President docs not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 V.S.C. l702(b)(3». "Service-disabled veteran-owned small business concern". (\) Means a small business concern. (i) Not less than 5 1 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 5 1 percent of the stock of which is owned by one or more servicedisabled veterans; and (ii) The management and dai ly business operations of which are controlled by one or more service-disabled veterans or, in the case ofa service-disabled veteran with permanent and severe disabi lity, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 V.S.c. 101(2), with a disability that is servieeconnected, as defined in 38 V.S.c. 101( 16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the ficld of operation in which il is bidding on Government contracts, and qualificd as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that. (\) [s at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by. (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exc lusions set forth at 13 CFR 124. 104(c)(2); and (2) The management and dai ly business operations of which arc controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (I lei) and (ii) of this defin ition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned. (1) Directly by a parent corporation; or (2) Through anothcr subsidiary ofa parent corporation. "Veteran-owned sma ll business concern" means a small business concern. 2018-ICLI-00035 1067 (i) Not less than 5i percent of which is owned by one or more veterans (as defined at 38 U.S.c. iO 1(2» or, in the case of any publicly owned business, not less than 5i percent of the stock of which is owned by one or more veterans; and (2) The management and daiiy business operations of which arc controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that oniy changes its name. The extent of the responsibility of the successor fo r the iiabii ities of the predecessor may vary, depending on State iaw and specific circumstances. "Women-owned business concern" means a concern which is at least 5i percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small busi ness concern" means a small business concern. (i) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern el igible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(I) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically changc the rcpresentations and cert ifications posted on the SAM website. (2) The offeror has completed the annual representat ions and certifications electronically via the SAM website accessed through http://www.acquisition.gov.AfterreviewingtheSAM database information, the offeror verifies by submission of this offcr that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications.Commerciall!ems, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NA ICS code referenced for this solici tation), as of the date of thi s offer and are incorporated in this offer by rcfcrence (sec FAR 4.120 1), except for paragraphs _ _ _ _ _---, (Offeror to identify the appl icable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of th is solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accuratc, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be perfornled in the United States or its outlying areas. Check all that apply. (i) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (e)(l) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disab led veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only irthe offeror represented itsc1fas a sma ll busi ness concern in paragraph (c)(I) of this provision.] The offeror represents, that it 0 is, 0 is not a small disadvantaged business concern as defined in 13 CF R J 24.1002. 2018-ICLI-00035 1068 (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(I) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. (6) WOSB conccrn eligible under thc WOSB Program. [Complete only ifthc offcror rcprescntcd itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represenls that. (i) It 0 iS,D is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its el igibility; and (ii) It 0 is, 0 is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of thi s provision is accurate for each WOSB concern eli gible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern el igible under the WOSB Program and other small busi nesses that are participating in the joint venture: .] Each WOSB concern el igible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itse lf as a WOSB concern e ligible under the WOSB Program in (c)(6) of this provision.] The offcror rcpresents that. (i) It 0 is, 0 is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibi lity; and (ii) It 0 is, 0 is not ajoint venture that complies with the requirements of 13 CFR part 127, and the rcpresentation in paragraph (c)(7)(i) of this provision is aecurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that .] Each EDWOSB concern participating in the joint venture shall are participating in the joint venture: submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expectcd to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete on ly if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)( 1) of thi s provision.] The offcror represents that it 0 is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, smal1 business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract priee: __________- : _ - - - - _ : _ (\0) HUBlone small business concern. [Complete only if the offeror represenled itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents, as part of its offer, that. (i) It 0 is, 0 is not a HUBlone small business concern listed, on the date of this representation, on the List of Qualified HUBlone Sma ll Business Concerns maintained by the Small Business Administration, and no material changes in ownership and cOnlrol, principal office, or HUBlone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It 0 is, 0 is not a HUBlone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(IO)(i) of this provision is accurate for each HUBlone small business concern participating in the HUBlone joint venturc. [The offeror shall enter the names of each of the HUBlone small business concerns participat ing in the HUBlone joinl venlure: .] Each HUBlone small business concern participating in the HUBlone joint venture shall submit a separate signed copy of the HUBlone representation. (d) Representations required to implement provisions of Executive Order 11246. (\) Previous contracts and compliance. The offeror represents that. 2018-ICLI-00035 1069 (i) It 0 has, 0 has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) [t 0 has, 0 has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that. (i) It 0 has developed and has on file, 0 has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (4 [ cfr parts 60- [ and 60-2), 0' (ii) [t 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.c. 1352). (Appl ies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federa[ appropriated funds have been paid or wi ll be paid to any person for infl uencing or attempting to in !1uence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on hi s or her behalf in connection with the award of any resultant contract. [f any registrants under the Lobbying Di sclosure Act of [995 have made a lobbyi ng contact on bchalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom paymems of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federa[ Acquisition Regulation (FAR) 52.225- 1, Buy American.Supplies, is included in this sol icitation.) (I) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unk nown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as fo reign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially availab[e off-the-she lf(COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" arc defined in the clause of this solicitation entilled " Buy American. Supplies." (2) Foreign End Products: Line Item No. Country of Origin [List as necessary] (3) The Government will evaluate offers in aecordance with the polieies and procedures of FAR Part 25. (g)( [) Buy American. Free Trade Agreemems. Israel i Trade Act Cert ificate . (Appl ies only if the clause al FAR 52.225-3, Buy American. Free Trade Agreements. Israeli Trade Act, is included in th is solici tation.) (i) The offcror certifies that each end product, except those listed in paragraph (g)( 1)(ii) or (g)( 1)(iii) of this provision, is a domestic end produet and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms " Bahrainian, Moroccan, Oman i, Panamanian, or Peruvian end product," " commercially available off-the-shelf(COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," 2018-ICLI -00035 1070 "Free Trade Agreement country end product," " Israeli end product," and "United States" are defined in the clause of thi s sol icitation entitled " Buy American. Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian cnd products) or Israeli end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. lsrael i Trade Act'": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani , Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (ii i) The offeror shall list those suppl ies that are fore ign end products (other than those listed in paragraph (g)( I)(i i) of this provision) as defined in the clause of this solicitation entitled " Buy American.Free Trade Agreements.lsraeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qua lify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 . (2) Buy American. Free Trade Agreemcnts. Israeli Tradc Act Certificate, Alternatc I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, subst itute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. Israel i Trade Act" : Canadian End Products: Line Item No. [List as necessary] (3) Buy American.Free Trade Agreemellts.Israeli Trade Act Certificate, Alternate [I. If Alternate II to the clause at FAR 52.225-3 is incl uded in this solicitation, substitute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: 2018-ICLI-00035 1071 (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American.Free Trade Agreements. lsraeli Trade Act"; Canadian or Israeli End Products; Line Item No. Country of Origin [List as necessary] (4) Buy American.Free Trade Agreements.Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the followi ng paragraph (g)( I )(ii) for paragraph (g)( I)(i i) of the basic provision; (g)( I )(i i) The offeror cert ifies that thc fo llowing supplies arc Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act"; Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in th is so licitation.) (i) The offeror ccrtifies that each end product, exccpt those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solic itation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that arc not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin [List as necessary] (ii i) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offcrs of U.S.-made or designated country end products wi thout regard to the restrictions of the Buy American statute. The Government will consider for 2018-ICLI-00035 1072 award only offers of U.S.-made or designated country end products unless the Contracting Officer detennines that there are no offers for such products or that the offers for such products are insuffic ient to fulfill the requirements of the so licitation. (h) Certification Rcgardi ng Responsibi lity Mattcrs (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror cert ifies, to the best of its knowledge and belief, that the offeror and/or any of its principals. (I) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ineli gible fo r the award of contracts by any Federal agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtai ning, attempting to obtain, or performing a Federal , state or local governmcnt contract or subcontract; violation of Federal or state antitrust statutes relati ng to the submission of offcrs; or commission of embezzlement, theft, forgery , bribery, fa lsification or destruction of records, making fa lse statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, comm ission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 '·Iave, 0 have not, within a three-year period preceding this offer, bcen notified of any del inquent Federal laxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered del inquent ifboth of the fo llowing criteria apply: (A) The tax liability is fina lly dctcrmined. The liabil ity is finally determi ned ifi t has been assessed. A liability is not finally dctcrmined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finall y determined unti l all judicial appeal rights have been exhausted. (9) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liabi lity when full payment was due and required. A taxpayer is not del inquent in cases where enforced collection action is prccluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax defic iency. This is not a delinquent tax because it is not a final tax liabi lity . Should the taxpayer seek Tax Court review, th is wi ll not be a final tax liabi lity until the taxpayer has exercised all judicial appeal rights. (9) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liabi lity, and the taxpayer has been issued a notice under I.R.C. §6320 entitl ing the taxpayer to request a hearing with the IRS Office of Appeals contcsting the lien fi ling, and to further appeal to the Tax Court if the IRS dctcrmi nes to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportuni ty to contest the liabi lity. Thi s is not a delinquent tax because it is not a final tax liabi lity. Should the taxpayer seek tax court review, this wi ll not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant 10 I. R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make fu ll payment. (D) The taxpayer has fil ed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under II U.s.c. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)( I) any end products being acquired under this solicitati on that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Chi ld Labor, unless excluded at.J (I) Listed end products. 2018-ICLI -00035 1073 Listed End Product Listed Countries or Origin (2) Certification. (If the Contract ing Officer has identified end products and countries of origin in paragraph (i)( 1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(i i) by checking the appropriate block.] o (i) The offeror will not supply any end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in thc corresponding country as listed for that product. o (i i) The offeror may supply an end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured chi ld labor was used to mine, produce, or manufacture any such end product furn ished under this contract. On the basis of those efforts, the offcror certifies that it is not aware of any such use of child labor. (i) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisi tion of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture ofthc end products it expects to provide in response to this solicitation is prcdominantly. (\) 0 In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regarding exemptions from thc application of the Scrvice Contract Labor Standards (Certification by the offeror as to its compl iance with respect to the contract also constilUtes its certificat ion as to compl iance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)( \) or (k)(2) appl ies. J 0 (\) Maintcnance, cal ibration, or rcpair of certain cquipment as deseribcd in FAR 22.\003-4(c)(\). The offeror 0 does 0 does not certify that. (i) The items of equipment to be serviced under this contract are used regularly for other than Govcrnmental purposes and arc sold or tradcd by the offeror (or subcontractor in thc casc of an cxempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furn ished at prices which are, or are based on, established catalog or market prices (see FAR 22 .1003-4(c)(2)(ii» for the maintenance, cal ibration, or repair of suc h equipment; and (ii i) Thc compensation (wage and fri nge benefits) plan for all service employecs pcrforming work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. o (2) Certain services as described in FAR 22.1003-4(d)( \). The offeror 0 does 0 does not certify that. (i) The services undcr the contract arc offered and sold rcgularly to non-Governmental customers, and arc provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services wi ll be furnis hed at prices that are, or are based on, establ ished catalog or market prices (sec FAR 22 .1003-4(d)(2)(iii»; (ii i) Each service employee who wi ll perform the services under the contract will spend only a small portion of his or her time (a month ly average of less than 20 percent of the avai lable hours on an annuali zed basis, or less than 20 percent of available hours duri ng the contract period if the contract period is less than a month) servicing the Govcrnmcnt contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees perform ing work under the contract is the same as that used fo r these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)( I) or (k)(2) of this c lause applies. 2018-ICLI-00035 1074 (i) If the offeror does not certify to the condit ions in paragraph (k)( I) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the sol icitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)( I) or (k)(2) of this clause or to contact the Contract ing Officer as required in paragraph (k)(3)(i) of this clause. (1) Taxpayer Identification Number (TIN) (26 U.S.c. 6109.31 U.S.c. 7701). (Not applicable if the offeror is required to provide this infom1atio n to the SAM database to be eligible for award.) (I) All offerors must submit the informat ion required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requirements of31 U.S.C. 7701 (c) and 3325(d), reporting requirements of26 U.S.c. 6041, 6041 A. and 605 OM, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any del inquent amounts arising out of the offeror's relat ionship with the Government (31 U.S.c. 770 l(c )(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (T IN). D TIN: __~__~~~____________ o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or fore ign partnership that docs not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organizat ion. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CF R 1.6049-4; o Other _ _ _ _ _ _ _ _ _ _ _ _ __ (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________ TI N :-c---,-------,------,-,-----,---,-. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracti ng with Inverted Domestic Corporations. (I) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts wi th either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9. IOS-2(b) applies orthe requirement is waived in accordance with the procedures at 9. IOS-4. (2) Representation. The Offeror represents that. (i) It 0 is, 0 is not an inverted domestic corporation; and (ii) [t 0 is, 0 is not a subsidiary of an inverted domestic corporation. 2018-ICLI -00035 1075 (0) Prohibition on contract ing with entities engaging in certain activities or transact ions relat ing to Iran . (I) The offeror shal l e-mail questions concerning sensitive technology to the Department of State at CISA DA 106@state.gov. (2) Representation and Certifications. Unless a waiver is grantcd or an exception applies as providcd in paragraph (0)(3) of this provision, by submission of its offer, the offeror. (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or indi viduals owned or contro lled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activi ties for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds 53,500 with [ran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.c. 1701 et seq.) (see OFAC' s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofae/downloadsftllsdn.pdO. (3) The representation and certificat ion requirements of paragraph (0)(2) of this provision do not apply if. (i) This solicitation includes a trade agreements certification (e.g., 52 .212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be suppl ied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all sol icitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solici tation. (1) The Offeror represents that it 0 has or 0 does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision fo r each participant in the joint venture. (2) [f the Offeror indicates "has" in paragraph (p)( I) of this provision, enter the following information: Immediate owner CAGE code: __________ Immediate owner legal name: __________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: 0 Yes or 0 No. (3) [fthe Offeror indicates ""yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following informa tion: Highest-level owner CAGE code: _________ Highest-level owner legal name: _________ (Do not usc a "'doing business as" name) (q) Representation by Corporations Regarding Del inquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Di vision E of the Consolidated and Further Continuing Appropriations Act, 20 IS (Pub. L. I 13-235), and simi lar provisions, if contained in subsequent appropriations acts, The Government wi ll not enter into a contract with any corporation that. (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liabi lity, where the awarding agency is aware of the unpaid tax liabi lity, unless an agency has considered suspension or debarment of the corporation and made a detern1ination that sllspension or debarment is not necessary to protect the interests of the Government; or 2018-ICLI -00035 1076 (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debannent of the corporation and made a determination that this action is not necessary to protect the interests of the Govern ment. (2) The Offeror represents that. (i) 11 is 0 is not 0 a corporat ion that has any unpaid Federal tax liability that has been assessed, for which all judicial and admini strative 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 liabi lity; and (ii) It is 0 is not 0 a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204- 16, Commercial and Government Entity Code Reporting.) (1) The Offcror represents that it 0 is or 0 is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(l) of this provision, enter the followi ng information for all predecessors that held a Federal contract or grant withi n the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: - - (or mark "Unknown") Predecessor legal name: ____________ (Do not use a "doing business as" name) (s) [Rescrved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduct ion Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1 (k». (I) This representation shall be completed if the Offeror received $7.5 mill ion or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 mi llion in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)] . (i) The Offeror (itse lf or through its immediate owner or highest-leve l owner) 0 does, 0 does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results ofa greenhouse gas inventory, performed in accordance with an accounting standard with publicly avai lable and consistent ly applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest- level owner) 0 does, 0 does not publ icly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publiely accessible website a target 10 reduce absolute emissions or emissions intensity by a specific quantity or percentage. (ii i) A publicly accessible website includes the Offeror's own website or a recogni zed, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked "docs" in paragraphs (t)(2)(i) or (t)(2)(i i) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals arc reported: _ _ _-,--_ _-,--_ (u)( l) In accordance with section 743 of Division E, Title VII , of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. I 13-235) and its successor provisions in subsequent appropriations acts (and as extended in continui ng resol utions), Government agencies arc not permitted to usc appropriated (or otherwise made avai lable) funds fo r contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud , or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2018-ICLI-00035 1077 (2) The prohibition in paragraph (u)(\) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Informati on Nondisclosure Agreement), Form 4414 (Sensiti ve Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nond isclosure of classi fi ed information. (3) Representation. By submission of its offer, the Offeror represents that it wi ll not require its employees or subcontractors to sign or comply wi th internal confidentiality agreements or statements prohibi ting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance ofa Government contract to a designated investigative or law enforcement representative ofa Federal department or agency authorized to receive such infonnat ion (e.g. , agency Office of the Inspector General). FAR 52.212-4CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) This clause is incorporated by reference. The full text of the clause is available at; hllps://www.acquisition.govIFARJ. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEM ENT STATUTES OR EXECUTIVE ORDERS - COMMECIAL ITEMS (NOV 2017) (a) The Contractor shall comp ly with the fo llowing Federal Acquisition Regulation (FA R) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders appl icable to acquisitions of commercial items: [ZJ 52.203- 19 Prohibit ion on Requiring Certain Internal Confident iality Agreements or Statements (JAN 2017) [ZJ 52.209- 10 Prohibition on Contracting with Inverted Domestic Corporations (NOY 2015) [ZJ 52.233-3 Protest After Award (AUG 1996) [ZJ 52.233-4 Appl icable Law fo r Breach of Contract Claim (OCT 2004) (b) The Contractor shall comply with the FAR clauses in thi s paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executi ve orders applicable to acquisitions of commercial items: D 52.203-6 Restrict ions on Subcontractor Sales to the Government (SEPT 2006) o Alternate I (OCT 1995) [ZJ 52.203- 13 Contractor Code of Business Eth ics and Conduct (OCT 2015) [ZJ 52.203- 15 Whistlcblower Protections under the American Recovery and Rei nvestment Act of2009 (JUNE 2010) [ZJ 52.204- 10 Reporting Execut ive Compensation and First-Tier Subcontract Awards (OCT 2016) D (Reserved] [ZJ 52.204- 14 Service Contract Reporting Requirements (OCT 2016) D 52.204- 15 Service Contract Reporting Requirements for Indefinite-Del ivery Contracts (OCT 2016) 2018-ICLI -00035 1078 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debannent (OCT 2015) D 52.209-9 Updates of Publicly Available Informat ion Regard ing Responsibil ity Matters (JUL 2013) D (Reserved] D 52.219-3 Notice of Total HUBZone Set-Aside (NaY 20 II) D D Alternate I (NaY 2011) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) D Alternate I (JAN 20 II) D (Reserved] D 52.219-6 Notice of Total Small Business Set-Aside (NaY 20 II) D o Alternate I (NaY 2011) D Alternate II (NaY 2011) 52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003) D Alternate I (OCT 1995) D Alternate II (MA R 2004) C8J 52.219-8 Utilization of Small Business Concerns (NaY 2016) C8J 52.219-9 Smal l Business Subcontracting Plan (JAN 2017) 0 Alternate I (NaY 2016) 0 Alternate II (NaY 2016) ~ Alternate III (NaY 2016) 0 Alternate IY (NaY 2016) D 52.219- 13 Notice ofSel-Aside of Orders (NaY 2011) C8J 52.219- 14 Limitations on Subcontracting (JAN 2017) C8J 52.219- 16 Liquidatcd Damages - Subcontracting Plan (JAN 1999) D 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NaY 2011) C8J 52.219-28 Post A ward Small Business Program Rerepresentalion (JUL 2013) o 52.219-29 Notice ofSel-Aside for, or Sole Source Award 10, Economically Disadvantaged Women-Owned Small Busi ness Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) 2018-ICLI -00035 1079 D 52.219-30 Noticc ofSct-Asidc for, or Solc Sourcc Award to, Women-Owned Small Busincss Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) C8J 52.222-3 Convict Labor (JUN 2003) C8J 52.222- 19 Child Labor - Cooperation with Authorities and Remedies (OCT 2016) C8J 52.222-21 Prohibit ion of Segregated Facilit ies (APR 2015) C8J 52.222-26 Equal Opportunity (SEPT 2016) C8J 52.222-35 Equal Opportunity for Veterans (OCT 2015) C8J 52.222-36 Equal Opportunity for Workers with Di sabilit ies (JU L 201 4) C8J 52.222-37 Employment Reports on Veterans (FEB 2016) C8J 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 20 I0) D 52.222-50 Combating Trafficking in Pcrsons (MAR 2015) D Alternate 1 (MAR 20 15) C8J 52.222-54 Employment Eligibility Verificat ion (OCT 2015) D 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MA Y 2008) D Alternate I (MAY 2008) D 52.223- 11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) D 52.223- 12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Ai r Conditioners (JUN 20 16) D 52.223- 13 Acquisition of EPEAT®- Registered Imaging Equipment (JUNE 2014) D D Alternate I (OCT 2015) 52.223- 14 Acquisi tion of EPEAT®-Rcgistcred Televisions (JUNE 2014) D Alternate 1 (JUNE 2014) D 52.223- 15 Energy Efficiency in Energy-Consuming Products (DEC 2007) D 52.223- 16 Acquisition of EPEAT®- Registered Personal Computer Products (OCT 2015) D Alternate I (JUNE 2014) C8J 52.223- 18 Encouraging Contractor Policies to Ban Tcxt Mcssaging While Driving (AUG 20 11) D 52.223-20 Aerosols (J UN 2016) D 52.223-21 Foams (JUN 20 16) 2018-ICLI -00035 1080 52.224-3 Privacy Training (JAN 2017) [2J Alternate I (JAN 2017) D 52.225- 1 Buy American - Suppl ies (MAY 2014) o 52.225-3 Buy American - Free Trade Agreements-Israel i Trade Act (MAY 20 14) D Alternate I (MA Y 2014) D Alternate II (MAY 2014) o Alternate JJJ (MAY 2014) [2J 52.225-5 Trade Agreements (OCT 2016) [2J 52.225- 13 Restrictions on Certain Foreign Purchases (JUN 2008) o 52.225-26 Contractors Perfonning Private Securi ty Functions Outside the United States (OCT D 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) D 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) D 52.232-29 Tenns for Financing ofrurchases of Commercial Items (FEB 2002) D 52.232-30 Installment Payments for Commercial 1tems (JAN 2017) [2J 52.232-33 Payment by Electronic Funds Transfcr-System for Award Management (JUL 2013) D 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) o 52.232-36 Paymcnt by Third Party (MA Y 2014) [2J 52.239- 1 Privacy or Security Safeguards (AUG 1996) D 52.242-5 Payments to Small Business Subcontractors (JAN 20 17) D 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) D 2016) Alternate I (AP R 2003) (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: D 52.222- 17 Nondisplacement of Qualified Workers (MAY 20 14) [2J 52.222-41 Service Contract Labor Standards (MAY 2014) [2J 52.222-42 Statement of Equivalent Rates for Federal Hires (MA Y 2014) [2J 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (MUltiple Year and Option Contracts) (MA Y 2014) 2018-ICLI -00035 1081 D 52.222-44 Fair Labor Standards Act and Scrvice Contract Act- Pricc Adjustment (MA Y 20 14) D 52.222-5 1 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Maintcnance, Calibration, or Rcpair of Certain Equipmcnt- Rcquircments (MAY 2014) D 52.222-53 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) [8J 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) [8J 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) D 52.226-6 Promoting Exccss Food Donation to Nonprofit Organizations (MAY 2014) D 52.237- 11 Accepti ng and Di spensing of$l Coi n (SEPT 2008) (d) Compfroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if thi s contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and docs 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 evidencc for examination, audit, or reproduction, unti 13 years after fi nal payment under th is contract or for any shortcr pcriod spccified in FAR Subpart 4.7, Contractor Records Rctcntion, of thc othcr clauscs of this contract. If this contract is completely or partially tenninated, the records relating to the work terminated shall be made avai lable for 3 years after any resulting fina l termination settlement. Records relating to appeals under the disputes clausc or to litigation or the settlement of claims arising under or relating to this contract shall be made available unt il such appeals, litigation, or claims arc finally rcsolvcd. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and rcgardless of form. This does not rcquire the Contractor to create or maintain any record that thc Contractor docs not maintain in the ordinary coursc ofbusincss or pursuant to a provision of law. (e)( l) 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 commcrcial items. Unless otherwise indicated bclow, thc cxtcnt of the flow down shall bc as rcquircd by the clause52.203- 13, Contractor Code of Business Ethics and Conduct (Oct 20 15) (41 U.S.c. 3509). (ii) 52.203-19, Prohibition on Requiring Ccrtain lntcrnal Confidcntial ity Agrecments or Statements (Jan 2017) (section 743 of Di vision E, Tit le VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235) and its successor provisions in subsequent appropriations acts (and as extendcd in continuing resolutions». (iii) 52.219-8, Utilization of Small Business Conccrns (Nov 20 16) (15 U.S.c. 637(d)(2) and (3», in all subcontracts that oITer furthe r subcontracting opportunities. If the subcontract (except subcontracts to small business (i) 2018-ICLI -00035 1082 concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222·17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) ofF AR clause 52.222-17. (v) 52.222·21 , Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222·26, Equal Opportuni ty (Sept 2016) (E.O. 11246). (vii) 52.222·35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.c. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Di sabilities (JuI 2014) (29 U.S.c. 793). (ix) 52.222·37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222·41, Service Contract Labor Standards (May 2014) (41 U.S.c. chapter 67). (xii) _XJA) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.c. chapter 78 and E.O 13627). ~(B) Alternate I (Mar 2015) of52.222-50 (22 U.S.c. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Scrvice Contract Labor Standards to Contracts fo r Maintenance, Calibration, or Repair ofCeTiain Equipment-Requirements (May 20 14) (41 U.S.C. chapter 67). (xiv) 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). (xv) 52.222-54, Employment Eligibility Vcrification (Oct 2015). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 20 15). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13 706 (JAN 20 17) (E.O. 13706). (xx) (A) 52.224-3 , Privacy Training (JAN 2017) (5U.S.C. 552a). (B) Alternate I (JAN 2017) of52.224-3. (xxi) 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). (xx ii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 20 14) (42 U.S.c. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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 52.24764. (2) Whi le not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. FAR 52.217-8 OPTION TO EXTEN D SERVICES The Government may require continued performance of any services wi thin 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 ofperformance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. (End of clause) FAR 52.217-9 OPTION TO EXTEND HIE: TE:RM OF THE: CONTRACT 2018-ICLI-00035 1083 (a) The Government may extend the term of this contract by wriuen notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commi t the Government 10 an extension. (b) If the Government exercises th is option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) FAR 52.252-2 CLA USES 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 ful1 texl. Upon request, the Contracting Officer will make their fu ll text available. Also, the full text of a clause may be accessed electronically at this address: https:llwww.acguisition.gov/FARI. FAR 52.232-39 UNENFORC EABILITY OF UNAUTHORIZED OBLIGATIONS (JU NE 2013) This clause is incorporated by refercnce. The fu ll text of the clause is available at: hllps://www.acquisition.govIFARI. FAR 52.232-40 PROVIDIN G A CCE L ERATED PA YMENTS TO SMALL BUSIN ESS SUBCONTRACTORS (DE C 2013) This clause is incorporated by reference. The full text of the clause is available at: hllps://www.acquisi tion.govIFARI. FAR 52.209-10 PROHIBITION ON CO NT RACTIN G WITH I NVERTED DOMESTI C CORPORATIONS (NOV 2015) (a) Definitions. As used in this clause- " Inverted domestic corporation" means a foreign incorporated entity that meets the defi nition of an inverted domestic corporation under 6 U.S.c. 395(b), appl ied in accordance with the rules and defi nitions of6 U.S.c. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned(I) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) Ifthc contractor reorganizcs as an inverted domcstic corporation or bccomcs a subsidiary of an invcrtcd domcstic corporation at any timc during thc pcriod ofperfonnanec of this contract, thc Government may be prohibited from paying fo r Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seck any available remedies in the event the Contractor fai ls to perform in accordance with the tern1S and conditions of the contract as a result ofGovemment action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes ei ther an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract perforn1ance, the Contractor shall give written notice to the Contracting Officer within fi ve business days from the date of the inversion event. FAR 52.237-2 PROTECTION OF GOVERN MENT BUlLDlNG S, EQUIPM ENT A N D VEGETATION (APR 1984) 2018-ICLI -00035 1084 The Contractor shall use reasonable care to avoid damaging existing bui ldings, equipment, and vegetation on the Government installation. If the Contractor's fa ilure 10 use reasonable care causes damage 10 any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. HSAR 3052.209-70 2006) PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (J UN (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause : Expanded Affiliated Croup means an affil iated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substitut ing 'more than 50 percent' fo r 'at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but fo r subsection (b) of section 835 of the Homeland Security Act, 6 U.S.c. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic C0/"fJOration. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related lransactions)- (I) The entity completes the direct or indi rect acquisition of substantially all of the properties held directly or indi rectly by a domestic corporation or substantia lly all of the properties constituti ng a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held(i) In the case of an acquisition with respect to a domestic corporation, by forme r shareholders of the domestic corporation by reason of holding stock in the domestic eorporalion; or (ii) [n the case of an acquisition with respect to a domestic partnership, by forme r partners of the domestic partnership by reason of holding a capita l o r profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantia l business activities in the fore ign country in which or under the law of whic h the entity is created or organized when compared to the total business activities of such expanded affi liated group. Person, domes/ie, andforeign have the meanings givcn such terms by paragraphs (I), (4), and (5) of section 7701 (a) of the Interna l Revenue Code of 1986, respectively. 2018-ICLI -00035 1085 (c) Special rules. The fo llowing definitions and special rules shall apply when determining whether a fore ign incorporated entity should be treated as an inverted domestic corporation. (\) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domest ic corporat ion these shall not be taken into account in detennining ownership: (i) Stock hcld by members of the expanded affiliated group which includes the fore ign incorporated entity; or (ii) Stock of such entity which is sold in a public offering rclated to an acquisition described in section 835(b)(\) of the Homeland Security Act, 6 USc. 395(b)(\). (2) Plan (Ieemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) arc met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregartled. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers arc part ofa plan a principal purpose of which is to avoid the purposes of this section. (d) Speciall1lfefor related Imrmerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.s.c. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of \986) shall be treated as a partnership. (e) Treatment of Certain Rights. (I) Certain rights shall be treated as stocks to the extent necessary to refl ect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (ii i) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate 10 do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (I) Disclosure. The offeror under this sol icitation represents that [Chcck onc]: _ it is not a foreign incorporatcd cntity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009. 108-7003 ; 2018-ICLI-00035 1086 _ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003 , but it has submitted a request for waiver pursuant to 3009 .108-7004, which has not been denied; or _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009 .108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied fo r, shall be attached to the bid or proposal. (End of clausc) HSAR 3052.212-70 CONTRACT T ERMS AND CONDITIONS APPLI CABLE TO DHS ACQ UISIT ION Of COMMERCIAL ITEMS (SEP 20 12) The Contractor agrees to comply wi th any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the appl icable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The followi ng provisions and clauses are incorporated by reference: (a) Provisions. ...K... 3052.219-72 Evaluation of Pri me Contractor Participation in the DH S Mentor Protege Program. (b) C lauses. ...K...3052.203-70 Instructions for Contractor Disclosure of Violations. ...K... 3052.204-70 Security Requirements for Unclassified Information Technology Resources . ...K... 3052.204-71 Contractor Employee Access. Alternate I ...K... 3052.205-70 Advertisement, Publ icizing Awards, and Releases . ...K... 3052.219-70 Small Busincss Subcontracting Plan Rcporting . ...K... 3052.219-7 1 DHS Mentor Protege Program. I. FAR C lauses 52.224- 1: Privacy Act Notificat ion (AP R 1984) 52.224-2: Privacy Act (A PR 1984) 1I . HSAR C lause 3052.204-7 1 Contractor emp loyee access (SEP 2012), and Alternate I Safeguarding of Sensitive Information (MA R 20 15) Sections (a) - (d) Infom1ation Technology Security and Privacy Training (MAR 20 15) Ill. lOP Privacy and Records Provisions 2018-ICLI -00035 1087 PRIV PRIV PRIV PRIV PRIV REC REC REC REC REC REC REC 1.2: 1.3: 1.4: 1.6: 1.7: 1.1: 1.2: 1.3: 1.4: 1.5: 1.6: 1.7: Reporting Suspected Loss of Sensitive PH Victim Remediation Provision Separat ion Checklist for Contractor Employees Prohibition on Performing Work Outside a Gov't Facility/NetworklEquiprnent Privacy Act Information Required DHS Basic Records Management Training Deliverables are the Property of the U.S. Government Contractor Shall Not Create or Maintain Unauthorized ...JRecords Agency Owns Rights to Electronic Informa tion Comply with All Records Management Policies" No Disposition of Docurnents without Prior Written Consent " Contractor Must Obtain Approval Prior to Engaging Subcontractors PRIV 1.2: Reporting Suspected Loss of Sensitive PI!: Contractors must report the suspected loss or compromise of Sensiti ve Pll to ICE in a timely manner and cooperate with ICE's inquiry into the incident and efforts to remediate any harm to potentia l victims. 1. The Contractor must dcvclop and include in its security plan (which is submitted to ICE) an interna l system by which its employees and sub-Contractors arc trained to identify and report potential loss or compromise of Sensitive PH. 2. Contractor must report the suspected loss or compromise of Sensitive PH by its employees or sub-Contractors to the ICE Security Operations Center (480-496-6627), the Contracting Officer's Representat ive (CO R), and the Contract ing Officer within one (1) hour of the init ial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensi ti ve PII by its employees or sub-Contractors. The report must contain the following information: a. Narrative, detailed description of the events surrounding the suspected loss/compromise. b. Date, time, and location of the incident. c. Type of information lost or compromised. d. Contractor's assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment. e. Names ofperson(s) involved, including victim, Contractor employee/sub-Contractor and any witnesses. f. Cause of the incident and whether the company' s security plan was followed or not, and which specific provisions were not followed. g. Actions that have been or will be taken to minimize damage and/or mitigate further compromise. h. Recommendations to prevent simi lar situations in the future, including whether the security plan needs to be modified in any way and whether additional traini ng may be required. 4. The Contractor must cooperate with ICE or other governmcnt agency inquiries into the suspected loss or compromise of Sensitive PII. 5. At the government's discretion, Contractor employees or sub-Contractor employees may be identified as no longer eligible to access Sensitive PII or to work on that contract based on their actions related to the loss or compromise of Sensitive PH. (End of clause) PRIV 1.3: Victim Remediation Provision: The Contractor is responsible for notification of victims and provision of vict im remediation services in the event of a loss or compromise of Sensitive PH held by the Contractor, its agents, and Subcontractors, under this contract. The victim remediation services shall include at least I8-months of credit monitoring and, for serious or large incidents as requested by the Government, call center help desk services for the individuals whose Sensitive PH was lost or compromised. The Contractor and ICE will collaborate and agree on the method and content of any notification that may be required to be sent to individuals whose Sensitive PII was losl or compromised . (End of clause) 2018-ICLI -00035 1088 PRIV 1.4: Separation Chceklist for Contractor Employecs: Contractors shall enact a protocol to use a separation checklist before its employees, Subcontractor employees, or independent Contractors term inate worki ng on the contract. The separation checklist must cover areas such as; (I) return of any Government-furn ished equipment; (2) return or proper disposal of Sensitive PI! (paper or electronic) in the custody of the Contractor/Subcontractor employee or independent Contractor, including the sani tization of data on any computer systems or media as appropriate; and (3) tennination of any technological access to the Contractor's fac ili ties or systems that would pennit the terminated employee's access to Sensitive PI!. In the event of adverse job actions resulting in the dismissal of an emp loyee, Subcontractor employee, or independent Contractor, the Contractor shall notify the Contract Officer's Representative (COR) within 24 hours. For normal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shal l assist the ICE Point of Contact (1CEIPOC), Contracting Officer, or COR with completing ICE Form 50-ODS/Contractor Employee Separation Clearance Checkl ist by returning all Governmcntfurni shed property including but not limited to computer eq uipment, media, credentials and passports, smart cards, mobi le devices, PIV cards, calling cards, and keys and terminating access to all user accounts and systems. (End of clause) PRIV 1.6: Prohibition on Performing Work Outside a Gove rnment Faeility/NetworkiEquipment: The Contractor shall perform all tasks described in this document at authorized Government facil ities and on authorized Government networks, using Government-furnished IT and other equipment. The Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facil ity, or on any other network or equipment. Government inforn1ation sha ll remain wi thin the confi nes of authorized Government fac ilities and/or networks at all times. (End of clause) PRIV 1.7: Privacy Act Information: In accordance with FAR 52.224-1, PRJVACY ACT NOTIFICATION (APR 1984), and FAR 52.224-2, PRJ VACY ACT (APR 1984), th is contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974. The agency advises that the relevant system of records notices (SORNs) appl icable to this Privacy Act information are as fo llows: DHS/ALL-004 General Information Technology Access Account Record Systems (G[T AARS) DHS/ICE-OI3 Alien Medical Records DHS/ICE-OJ I Criminal Arrest Records and Immigration Enforcement Records (CA RJ ER) These SORNs may be updated at any time. The most current DHS versions arc publ icly available at www.dhs.gov/privaey. SORNs of other agencies may be accessed through the agencies' websites or by searchi ng FDsys, I Othe Federal Digital System of the Government Publishing Office, available at hnp:/lwww.gpo.gov/fdsysJ. (End of clause) REC: 1.1: Rcquircd DHS Basic Records Management Training: The Contractor shall provide DHS basic records management training for a[l employees and Subcontractors that have access to Sensitive PII as wel[ as the creation, use, di ssemination and/or destruction of Sensitive PII at the outset of the Subcontractor's/emp[oyee 's work on the contract and every year thereafter. This train ing can be obtained via links on the ICE intranet site. The Agency may also make the training available through other means (e.g. , CD or online). The Contractor shall maintain copies of certificates as a record of compl iance. The Contractor must submit an annual e-mai l notification to the Contracting Officer's Representative that the required training has been completed fo r all the Contractor' s employees. (End of clause) REC 1.2: Deliverables are the Property of the U.S. Government: The Contractor shall treat all deli verables under the contract as the property of the U.S. Government fo r which the Agency shall have unl imited rights to usc, dispose of, or disclose such data contained therein. The Contractor shal l not retain, usc, sell, or disseminate copies of any 2018-ICLI-00035 1089 deliverable without the expressed pennission of the Contracting Officer or Contracting Officer's Representative. The Contractor shall certify in writ ing the destruction or return of all Government dala at the conclusion of the contract or at a time otherwise specified in the contract. The Agency owns the rights to all data/records produced as part of this contract. (End of clause) REC 1.3: Contractor Shall Not Cr eatc or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or mai ntain any records contain ing any Government Agency data that arc not speci fi cally tied to o r authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Ekctronic Information : The Government Agency owns the rights to all electronic information (e lectronic data, electronic information systems or electronic databases) and all supporting documcntation created as part of this contract. The Contractor must deliver sufficient technical documentation with all data del iverables to pcrmit the Agcncy to usc the data. (End of clause) REC 1.5: Comply with All Records Managell"ltnt Policies: The Contractor agrees to comply with Federa l and Agency records management policies, including those policies associated with the safeguarding of records 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. (End of clause) REC 1.6: No Disposition of Documents without Prior Wr itten Consent : No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors arc responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilat ion. 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. (End of clause) REC 1.7: Contractor Must Obtain Approval Prior to Engaging 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 sensi tive and proprietary info rmation. (End of clause) IC E Information Governance and Privacy Requirements Clause (J UL 201 7) A. Limiting Access to Privacy Act and Other Sensitive Information (i) Privacy Act illformalion In accordance wilh FA R 52.224-1 Privacy Act Notificat ion (APR 1984), and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires contractor personnel to have access to information protccted by the Privacy Act of 1974 the contractor is advised that thc rclevant DHS systcm of records notices (SORNs) applicable to this Privacy Act information may be found al www.dhs.gov/privacy. Applicable SORNS of other agencies may be accessed through the agencies' websites or by searching FDsys, the Federal Digital System, available at hnp://www.gpo.gov/fdsys/. SORNs may be updated at any time. (2) Prohibitioll all Pelformillg Work Outside a Governmellf FacilitylNetworkiEquipmem The Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or Workplace as a Service (WaaS) if WaaS is authorized by the statement of work. Government information shall remain within the confines of authorized Government networks at all times. Except where te lework is specifically authorized within this contract, the Contractor shall perform a ll tasks described in this 2018-ICLI -00035 1090 document at authorized Government facilit ies; the Contractor is prohibited from performing these tasks at or removi ng Government-furnished infonnation to any other facility; and Government information shall remain withi n the confines of authorized Government fac ilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless oftelework authorizations. (3) Prior Approval Required 10 Hire Subcollfractors 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 sensiti ve and proprietary information. (4) Separation Checklislfor Contraclor Employees Contractor shall comp lete a separation check list before any employee or Subcontractor employee terminates work ing on the contract. The separation check list must verify: (I) return of any Government-furnished equipmcnt; (2) return or proper disposal of sensiti ve personally identifiable information (PI I), in paper or electronic fornI, in the custody of the employee or Subcontractor employee incl uding the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technologica l access to the Contractor's facilities or systems that would permit the terminated employee 's access to sensitive PII. In the event of adverse job actions resulting in the dismissal of an emp loyee or Subcontractor emp loyee, the Contractor shall notify the Contracti ng Officer's Representative (CO R) within 24 hours. For normal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shall assist the ICE Point of Contact (lCEIPOC), Contracting Officer, or COR with completing ICE Form SO-OOS/Contractor Employee Separation Clearance Checkl ist by returning all Governmentfurni shed property including but not limited to computer equipment, media, credentials and passports, smart cards, mobi le devices, PlY cards, calling cards, and keys and terminating access to all user accounts and systems. B. Re~·erved - Deleled in accordance willi clause pre~·criptioll C. Government Records Training, Ownership, and Management (1) Records Management Training and Compliance (a) Thc Contractor shall provide DHS basic rccords management training fo r all employces and Subcontractors that havc acccss to sensitive PII as wcll as to those involvcd in the crcation, usc, disscmination and/or destruction ofscnsitive PII. This training wi ll be provided at the outset of the Subcontractor's/employee's work on the contract and cvery ycar thereaftcr. This training can be obtaincd via links on the ICE intranet site or it may be made available through other means (e.g., CD or online). The Contractor shall maintain copies of certificates as a record of compliance and must submit an e-mai l notification annually to the Contracting Officer's Representative verifying that all employees working under this contract have completed the required records management training. (b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (2) Records Creation, Ownership, and Disposition (a) Thc Contractor shall not create or maintain any rccords not specifically tied to or authorized by thc contract using Govcrnmcnt IT equipment and/or Govcrnmcnt records or that contain Govcrnment Agency data. Thc Contractor shall certify in writing the destruction or return of all Governmcnt data at thc conclusion of the contract or at a time otherwise spccified in the contract. (b) Except as stated in the Pcrfonnance Work Statcment 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 2018-ICLI-00035 1091 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 are considered federal records, for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The Contractor must del iver sufficient technical documentation with all data deliverables to permit the agency to use the data. (c) The Contractor shall not retain, use, sell , disseminate, or di spose 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 fo r 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. § 270 1. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules. D, Data Privacy and Oversight (1) Restrictions on Testing or Training Using Real Data Containing PI! The usc of real data containing sensiti ve Pll from any source for testing or training purposes is generally prohibited. The Contractor shall use synthetic or dc-identified real data for testing or traini ng whenever feasible. ICE policy requires that any proposal to use of real data or de-identified data for IT system test ing or training be approved by the ICE Privacy Offieer and Chief Information Seeurity Officer (CISO) in advance. In the event performanee of the contract requires or neeessitates the use of real data for system-testing or training purposes, the Contraetor in coordination with the Contracting Officer or Contract ing Officer's Representative and Government program manager shall obtain approval from the ICE Pri vacy Office and CISO and complete any required documentation. (2) Resen'ed - Deleted in accordallce witlt clause prescription (3) Reqlliremem to SIIPPOI"I Privacy Compliance (a) The Contractor shall support the completion of the Privacy Threshold Analysis (PTA) document when it is required. PT As are triggered by the creation, modification, upgrade, or disposition of an IT system, and must be renewed at least every three years. Upon review of the PTA, the DH S Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modifications thereto, are required. The Contractor shall provide adequate support to complete the PIA in a timely manner, and shall ensure that project management plans and schedules include the PTA, PI A, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DHS, including PT As, PIAs, and SORNs, is located on the DH S Privacy Office website (www.dhs.gov/privacy)under"Compliance." DHS Privacy Pol icy Guidance Memorandum 2008-02 sets forth when a PIA will be required at DHS, and the Pri vacy Impact Assessmcnt Guidance and Template outline the requiremcnts and format for the PIA. (b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy documentation, the Contractor shall assign or procure a Pri vacy Lead, to bc listed undcr " Key Personnel." The Privacy Lead shall be responsible for providing adequate support to DHS to ensure DHS can complete any required PTA, PIA, SORN, or other supporting documentation to support privacy compliance. The Privacy Lead shall work with personnel from the program office, the ICE Privacy Office, the Office of the Chief Information Officer, and the Records Management Branch to ensure that the privacy documentation is kept on schedule, that the answers to questions in the PIA are thorough and complete, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fashion. The Pri vacy Lead: • • • • • Must have excellent writing ski lls, the abil ity to explain technology clearly for a nontcchnical audience, and the ability to synthesize info rmation from a variety of sources. Must have excellent verbal communication and organizational skills. Must have experience writing PIAs. Ideally the candidate would have experience writing PIAs fo r DHS. Must be knowledgeable about the Pri vacy Act of 1974 and the E-Government Act of 2002. Must be able to work well with others. 2018-ICLI -00035 1092 (c) If a Privacy Lead is already in place with the program office and the contract involves IT system builds or substantial changes that may require privacy documentation, the requirement for a separate Private Lead specifically assigned under this contract may be waived provided the Contractor agrees to have the existing Pri vacy Lead coordinate with and support the ICE Privacy POC to ensure privacy concems are proactively reviewed and so ICE can complete any required PTA, PIA, SORN, or other supporting documentation to support privacy compliance if required. The Contractor shall work wi th personnel from the program office, the ICE Office of Information Govemance and Privacy, and the Office of the Chief Information Officer to ensure that the privacy documentation is kept on schedule, that the answers to questions in any pri vacy documents are thorough and complete, that all records management requirements are met, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fash ion. (End of Clause) 2018-ICLI-00035 1093 From: Sent: To: Cc: Subject: ~b)(6); (b}(7)(C) 17 Aug 2017 16:48:44 -0400 b)(6);(b)(7}(c) t I RE: lPR Discussion Hi ~ Not sure on availability but this has been a high ticket item that our front office wants to get to th e fi eld and has instructed us to purchase as soon as funds are ava ilabl e. Thank you, II (A) Unit Chief Transnational Law Enforcement Operations Unit Fugitive Operations & Training Division U.S. Immigration & Customs Enforcement (202) 732 b)(6);(b (desk) (202) 905 (7)(C) (cell) Kb)(6);(b)(7XC) Eb)(6);(b)(7}(C) ument is UNCLASSIFIED / / FOR OFFICIAL USE ONLY (U / / FOUO).lt contains info rmation that may be exempt from public re lease unde r the ree U.S.c. 552). It is to be con troll ed. stored, hand led. tra nsm itted. d istr ibuted. and disposed of in accordance with DHS policy relating to FOUO in orma sed to the public or other personnel who do not have a valid "need·to ·know" without prior approval of an authorized DHS official. No portion 0 IS 'she d to the media, either in wr itten or verbal form . From ~(b)(6); (b}(7)(C) Sent: Thursday, August 17, 20174:11 PM To: kb)(6):(b)(7}(C) I Subject: RE: lPR Discussion Hi ~b)(6);(b l TRSS has addressed most of the requirements from the privacy office. There are a few outstanding issues left to be addressed to the satisfaction of the Privacy Office. TRSS is working on a response. Has there been any discussion about the availability offunding next fiscal year? We are moving in the direction of being able to award this requirement. The issue will obviously be whether or not there is funding for it. Please let me know when you have a chance. Thanks, ---'1CPPB, CFCM L t b")(6" );,, (b,, )(7,, XC - -')_ _ _ _ _ Detention, Compliance and Removals (OCR) I Section Chief DHS I ICE I Office of Acquisition Management (OAO) Phone : 202-732- t b)(6l: IMobile: 202-34S kb)(6);( I Email: kb)(6):(b)(7)(C) I 2018-ICLI-00035 1094 NOTICE: This communication may contain privileged or otherwise confidential infonnation. If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system. From: Lee, Frank Y Sent: Th ursday, August 17, 20174:07 PM To: Kb)(6);(b)(7}(C) I Subject: RE: LPR Discussion Hi I(ii}(l ~ Have there been a ny updates since we last chatted? Tha nk you, II (A) Unit Chief Transnati ona l Law En for cement Operations Unit Fugitive Operations & Trainin g Division U.S. Immigration & Customs Enforcement (202) 732- b)(6);( (desk) (202) 90S_ ,)(7XC (cell) Kb)(6);(bX7)(C) Eb)(6);(b)(7}(C) l ~~~~O~F~F;IC~'~A~L~U~SE~;~~~~lt containshand information that may be exempt from under:~ led, transmitted, distributed, and disposed of in a.xordance with DHS policy relating to FOUO information i ~I~;.;; not have a valid "need·to·know" without prior a pproval of an authorized OilS official. No portion of thi s report should be is the media, either In written or verbal form . From: Kb)(6);(b)(7}(C) I Sent: Thursday, August 03,201711:20 AM To: i h)(flHh)(7)(G) I Subject: RE: LPR Discussion Good Morning, I am traveling in Texas today but I can provide you with a brief update. I met with pri vacy about their concerns with the TRSS submittal. I plan to sync up with TRSS earl y next wee k to have them address the concerns. The current strategy of contracting with Vigil ant through CLEARffRSS is still the plan moving forward. Please let me know if you need anything else. Thanks, t ~ CPPB, CFCM Detention, Compli ance and Removals (OCR) I Section Ch ief DHS l ICE I Office of Acquis iti on Management (OAQ) b )(6);(b X7)(C) 2018-ICLI -00035 1095 Phone: 202-732- ~ Mob ile: 202-345-tb)(6);Q I Ema il: ~b)(6); (b}(7)(C) NOTICE: Th is communication may contain privileged or otherwise confidential information. If you are not an intended recipient or believe you have rece ived thi s communication in error, any review, di ssemination, di stribution, or copy ing of thi s message is strictly prohibited. Please infonn the sender that you recei ved thi s message in error and delete the message from your system. From : Kb)(6);(b)(7}(C) Date: Thursday, Aug OJ, 2017, 9:26 AM To: ~b)(6); (b}(7)(C) Subject: RE : LPR Discussion Good morning ~~~(el I have been out of the office for the last week and a half and wa nted to catch up with you on where we are currently and what are our next ste ps. Tha nk you, W b)(6) (b)(7)(C) J (A) Unit Chief Transn ationa l Law Enfor cement Operation s Unit Fugitive Operations & Training Division U.S. Immigration & Customs Enforcement (202) 732- b)(6);( (de sk) (202) 905- X7)(C (cell) Kb)(6);(b)(7}(C) Warning; This documen , FOR OF FIC IAL USE ONLY (U // FOUO). It contains inform~tion that may be exempt from public release under the Freedom of Information Act e controlled, stored, handled, transmitted, distributed, and disposed of in accord~nce with DHS policy relating to FOUO information and is no e ublic or other personnel who do not have a valid "need·to·know" without prior approval of an a uthorized DHS official. No portion of this repo ' shed to the media, either in writte n or verbal form. From: kb)(6Hb)(7)(C) Sent: Monday, July 17, 2017 3:57 PM To: Kb)(6);(b)(7}(C) I Subject: RE: lPR Discussion Sounds good. Thanks. bX6 X :f --: --');--: (b -,-7__ )(C_)::----::-_---:c:'lcPPB, CFCM Detention, Compliance and Removals (OCR) I Section Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732{ b)(6);( IMobile: 202-34S-1ilillID] Email: kb)(6);(b)(7}(C) f 2018-ICLI -00035 1096 NOT[CE: This communicati on may contain privileged or otherwise confidential infonnation. [fyou are not an intended recipient or believe you have received this communication in error, any review, dissem ination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and de lete the message from your system. From: i b)(6Hb)(7)(C) I Sent: Monday, July 17, 2017 3:56 PM To: k~\(fll (h\f7 )(G \ I Subject: RE: LPR Discussion We are still in the room w ith Pri vacy so we w ill need a few mins too From: Kb)(6);(b)(7}(C) I Date: Monday, Jul 17, 2017, 15 :55 To: Fb)(6);(b)(7}(C) S ubject: RE: LPR Discussion Sure. Can you give me S mins? Talking to POCs at USMS and FBI. ~1b,)(6.::);(,--b)-;-(7,-XC-')-=----::-_---:::,1 CPPB, CFCM Detention, Compliance and Removals (OCR) I Section Chief DHS I ICE I Office of Acquisition Management (OAO) Phone: 202-732- 1ililliill Mobile : 202-34S-khIIRI-1 Email: Kb)(6);(b}(7)(C) I NOTICE: This communicati on may contain privileged or otherwise confidential infonnation. [fyou are not an intended recipient or believe you have received this communication in error, any review, dissem ination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and de lete the message from your system. From: i b)(6Hb)(7)(C) I Sent: Monday, July 17, 2017 3:5S PM To: lQ? )I6J lb )Q)(Cl I Subject: RE: LPR Discussion W ill do, ca ll you with [ b}(6);(b}(7)(C) From: kh)(flHh)(7)(G) Date: Monday, JuI17 , 2017, 15:47 ~ To: kb\(6Hb)(7)(C\ S ubject: LPR Di scuss ion Kb)(6);(bli Can you give me a ca ll when this meeting is finished? Thanks, L1b')(6.::);('-b).(c7'XC -')_ _ _ _ _--'1CPPB, CFCM Detention, Compliance and Removals (OCR) I Section Chief DHS I ICE I Office of Acquisition Management (OAO) Phone: 202-73 2.J(b)(6t l Mobile: 202-345 ~ Email: ~b)(6); (b)(7}(C) I 2018-ICLI -00035 1097 NOTICE : This communi cati on may contain privileged or otherwise confi dential infonnation. If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please info rm the sender that you received this message in error and de lete the message from your system. 2018-ICLI -00035 1098 From : kb)(6Hb)(7)(C) Sent: To : Subject: 14 Dec 2017 10:40:31 -0500 i h\IflYh\(7\(G\ RE: lP R info Thanks much! From: k~ \Ifl~ (h ~(! \(G \ I Sent: Thursday, December 14, 20 17 10:40 AM To: kb)(6Hb)(7)(C) I Subject: RE: lPR info Looks good to me. Thanks, 1b X6);(bX7)(C) ICPPB, CFCM Detention, Compliance and Removals (OCR) I Section Chief DHS l iCE I Office of Acquisition Management (OAQ) Phone; 202· 732. ~ Mob ile; 202·345 -1i!illljj] Ema il: Fb)(6);(b)(7}(C) I NOTICE: Th is communication may contain pri vileged or otherwise confidential information. If you are not an intended recipient or believe you have received thi s communi cation in error, any review, di ssemination, distribution, or copy ing of thi s message is strictly prohibited. Please inform the sender that you received thi s message in error and delete the From: kb)(6):(b)(7}(C) Date: Thursday, Dec 14,2017, 10:38 AM To: kb)(6):(b}(7)(C) Subject: RE: LPR info Thanks, how's this? In 2014, ICE issued a similar solicitation that was cancelled over privacy concerns about the use of the technology. That same year, ICE issued a second, privacy-approved solicitation that was cancelled due to failed price negotiations. In 2015, ICE completed a formal privacy impact assessment, which was used to create a framework for use of the technology, and which will be updated prior to the use of any commercial license plate reader database, to reflect how the contract meets the established privacy requirements. From: kb)(6):(b)(7}(C) I Sent: Thursday, December 14, 20 17 10:32 AM To: W b)(6Hb)(71(C) I Subject: RE: l PR info Hi Eb)[6);! 1 2018·ICLI ·00035 1099 The stateme nt is correct. The initi al cancell ati on was due to privacy concerns. However, we did iss ue a second solicitation in 2014, that had pri vacy approva l. Is it worth clari fy ing that ICE cance lled/ didn ' t make award of that so li citation due to a disagreement about the appropriate cost of the service? Thanks, 1b)(6);(bX7)(C) ICPPB, CFCM Detention, Compli ance and Removals (OCR) I Secti on Chief DHS l ICE I Offi ce of Acqui siti on Managemen( (OAQ) Phone; 202- 732~ Mobile; 202 _345 ~b)(6);(bl Emai l: ~b)(6); (b}(7)(C) I NOTICE: Thi s communi cati on may contain pri vileged or othelW ise confidential information. If you are not an intended rec ipient or beli eve you have rece ived thi s communi cati on in error, any review, di ssemi nation, di stributi on, or copying of thi s message is strictly prohibited. Please inform the sender that you received thi s message in error and delete the From: ~b)(6); (b)(7}(C) Date: Thursday, Dec 14,20 17, 10:27 AM To: Kb}(6);(b}(7)(C) Subject: FW : LPR info Taking some of w hat Privacy dra fted but t rying to make it more plain language for OPA use . Please let me know if this is accu rate . Thank you . Dani b}(5);(b}(7)(E) 2018-ICLI -00035 1100 kb)(6):(b}(7)(C) Public Affairs Officer/Spokesperson U.S. Immigration and Customs Enforcement (ICE) 202-732- b)(6) (desk) ;(b)(7 813-230- ,,", (cell) www .ice .gov 2018-ICLI -00035 1101 From: Holz, Jordan Sent: 2 Oct 201715:24:43 -0400 rb)(6);(b)(7}(C) To: Cc: RE: lPR records needs Subject: So rry if I mi ssed your prio r emai l. kb)(6);(b)(7}(C) I Senior Privacy Compliance Specialist Information Governance and Privacy (IGPI U.S. Immigration & Customs Enforcement Direct : (2021 732-1!Jillii] Main: (2021 732fiill[) Questions? Please visit the Privacy & Records Office website at https:UinsighUce.dhs.gov{mgtloop{Pages{index.aspx. From: kb)(6Hb)(7)(C) I Sent: Monday, October 02,20173:10 PM ~~~ b)(6);(b)(7}(C) r I Subject: RE: lPR records needs Good afternoon ~~1\6);(b}(7 1 I replied to this in a separate email. This is highly dependent on th e officer and the ir location. An officer in Los Angeles may enter a few a day versus an officer in Montana that may enter a few a month. As such, we did not want to set a minimum or maximum number of license plates uploaded. Also, we did ask for a batch upload of a max of 2.500 license plate r ecord s for specifically designated users. Thank you, II (A) Unit Chief Transnational Law Enforcement Operations Unit Fugitive Operations & Training Division U.S. Immigration & Customs Enforcement (202) 732- bX6);( (desk) (202) 905- )(7XC (cell) Kb)(6);(bX 7)(C) Kb)(6);(b}(7)(C) Warn ing: This document I OR OFFICIAL USE ONLY (U I ( FOUO).lt contains information that may be exempt from public release under the Freedom of Informa tion Act 'controlled, stored. handled, transmitted. distributed, and disposed of in a(cordan(e with DHS po1i()' relating to FOUO information and is not to blic or other personnel who do not have a valid "need-to-know" without prior approval of an authorized OilS official. No portion of this report s . to the m e di a, either In writte n or verbal form . From: kb)(6Hb)(7)(C) I Sent: Monday, October 02,2017 1:51 PM To: kb)(6);(b}(7)(C) I 2018-ICLI·00035 1102 Cc: ~b)(6); (b)(7}(C) Subject: LPR records needs Hi kb)(6l:(b)(7}(C) Could you give us an estimate on how many license plates any si ngle user might actually have a need for on the alert list at any given time? We want to specify in the PIA (and the SOW) the number of license plate numbers that can be on the alert list, and we want to make sure it meets (but does not overly exceed) the operationa l need . I Senior Privacy Compliance Specialist Information Governance and Privacy (IGP) U.S. Immigration & Customs Enforcement Direct: (202) 732 b)(6); Main: (202) 732- E.)(7}( kh\ln Hh\I7\I(":\ Questions? Please visit t he Privacy & Records Office website at https:Uinsight.ice.d hs.8ov/mgt/oop/Pages/in dex.aspx. 2018-ICLI -00035 1103 From : Sent: To : Cc : Subject: Attachments: Importance: Smith, Amber 14 Dec 201718:23:19 -0500 b)(6);(b}(7)(c) r RE: l PR SOW Ol.OS_SaW_License Plate Readers (IGP 12 14 2017).docx High 0kb;)(@: 6)[l(~ bKg7j£ )(C ~)C::::Jf- After the meeting with kb)(6l:(b}(7)(j today, I did another read-through of the SOW. I have a few requested changes and one question. I want to specifically draw your attention to my comment/question on page 4 re: the iOS application. This definitely needs to be reconciled before anything goes public, as it seems to speak to functionality that is not permitted. I will be available on my cell phone this evening if you'd like to discuss- (202) 487- ~ . I'll also be available tomorrow morning, again by cell phone, as I will be on leave. Please don't hesitate to call. Thanks. Amber Smith Privacy Officer Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: (202) 732-1£iilifil Mobile: (202) 487~'h""' 1 Main: (202) 732 tiJilliill Questions? Please visit our website at https://insight.ice.dhs.gov/mgt/oop/Pageslindel(.aspl( . From: Vb)(6l:(b}(7)(C) Sent: Thursday, December 14, 20 17 1:34 PM To: b)(6);(b}(7)(C) Cc: Smith, Amber Subject: RE: l PR SOW t ~b)(6); (b) I I Thanks. Please see attached revised SOw. Thank you, Fb)(6);(b)(7}(C) Detention, Compliance & Removals (OCR) IContracting Officer DHS I ICE I Office of Acquisition Management (OAQ) Office: (202) 732 b)(6); Mobile: (202) 87 b,}(7)( kb)(6):(b}(7)(C) NOTICE : This communication may contain privileged or otherwise confidential information . If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system. 2018-ICLI -00035 1104 From : l(b)(6);(b}(7)(C) Sent: Thursday, December 14, 2017 12:16 PM To: Cc: b)(6);(b}(7)(C) Smith, Amber Subject: RE: lPR SOW H t b)(6);(b)(7 XG I (1) For the priorities references, I was looking at an outdated ve rsion. But we do have a couple suggested changes attached. (2) We want to add t o the SOW that the search results w ill contain "t he date and ti me the license plate was captured ." Please call me with any questions. khVflHhV7\((; I Senior Privacy Compliance Specialist Information Governance and Privacy (IGP) U.S. Immigration & Customs Enforcement Direct : (202) 73 b)(6);( Main: (202) 732 )(7}(C Questions? Please visit the Privacy & Records Office website at https:Uinsight.ice.dhs.gov!mgtloop!Pages!index.aspx. From : kb)(6l:(b}(7)(C) I Sent: Thursday, December 14, 2017 11:31 AM To: Cc: t b }(6);(b}(7)(C) I Smith, Amber Subject: RE: lPR SOW Fb)(6);(bX I Please let me know about t he change in language regarding imm igration enforcement priorities. I can change that in the SOW. For the da t e and t ime, f rom wha t I re member, th is was an add in f rom OPLA an d not yet approved by Privacy. If the date and time needs to be added, can you send me t he exact language from the PIA. Want to make su re I add it in co rrectly. Thank you, kb)(6);(b}(7)(C) Detention, Compliance & Removals (OCR) IContracting Officer DHS I ICE I Office of Acquisition Management (OAO) Office: (202) 732- b)(6);( Mobile: (202) 87 ,,~7)( b)(6);(b}(7)(C) 2018-IClI -00035 1105 NOTICE: Th is communication may contain privileged or otherwise confidential information . If you are not an intended recipient or be li eve you have received this communication in error, any review, dissem ination, distribution, or copying of this message is st rictly proh ibited. Please inform the se nder t hat you received t hi s message in error and delete t he message from your system. From: kb)(6):(b)(7)(C) Sent: Thursda f I December 14, 2017 10:06 AM To: b)(6);(b)(7}(C) Cc: Smith, Amber Subject: RE: LPR SOW Two questions: (1) I still see some language in on Page 1 about immigration enforcement priorities that need to be cut beCause PEP no longer exists. (2) Will we also amend the SOW to make the "date and time" a requirement in the search results? kb)(6Hb)(7)(C) I Senior Privacy Compliance Specialist Information Governance and Privacy (IGP) U.S. Immigration & Customs Enforcement Direct: (202) 73 b)(6);( Main: (202) 732 }(7)( Questions? Please visit the Privacy & Records Office website at https:liinsight.ice.dhs.goY/mgt/oop/Pageslindex.aspx. From: Kb)(6);(b)(7}(C) Sent: Thursday, December 14, 20179:05 AM To: b)(6);(b)(7}(C) Cc: .?::-:::c-;c;c-;-",,-;:! Subject: RE: LPR SOW Hi Fb)(6);(b) I Per our conversation yesterday, please see attached revised SOW. The following changes were made to match the PIA: 1. 2. Added "Source of record" for LPR Search results. Removed "If cost feasible," regarding two-week expiration results. Regarding encryption, this was brought up in TRSS's proposal regarding an "immutable audit log." They stated it was immutable because it is encrypted (both CLEAR and LEARN are encrypted." I see no need to change the SOW language as of now but we might want to change the PIA language to "immutable". Let me know if you have any questions. Thank you, Kb)(6);(b)(7}(C) Detention, Compliance & Remoyals (OCR) IContracting Officer 2018-ICLI -00035 1106 DHS I ICE I Office of Acquisition Management (OAQ) Office : (202) 732 b)(6);( Mobile: (202) 87 \ )(7)( Kb)(6);(b)(7)(C) NOTICE : This communication may con t ain privileged or otherwise confidential information . If you are not an intended recipient or believe you have received this communication in error, any review, disseminat ion, distribut ion, or copying of t his message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system . 13, 2017 10 :48 AM Hi ~E!(6); (b)(7)( I I got your voicemai l from yest erday when I was out of the office . Is t here something we still need to discuss? Kb)(6);(b)(7)(C) I Senior Privacy Compliance Specialist Information Governance and Privacy (IGP) U.S. Immigration & Cust om s Enforcem ent Direct : (202) 73 (b)(6);( Main: (202) 732- )(7)( Quest ions? Please visit the Privacy & Records Office website at htt ps:/Iinsight.ice.dhs.goY/mgt/oop/Pages/index.aspx. 2018-IC LI -00035 1107 From : Sent: To : Cc : Subject: Attachments: kb)(6);(b)(7}(C) 16 Dec 201712:05:04 -0500 b)(6);(b)(7}(c) r RE: lP R Splash Screen language Splash Screen l anguage (IGP JAH 12 14 2017j.docx Kb)(6);(b}(7) 1 Please see the attached comment. Thanks, b)(6);(b)(7}(C) Umt C hief I SupervIsory Spec ial Agent Homeland Security Investigations Technical Operations Unit 703-551 b)(6) (Office) 7\6-5\ 0 ;~~V (Cell) b)(6):(b)(7)(C) From: kb)(6);(b}(7)(C) Sent: Thursday, December 14, 20 17 3:05 PM To: rb)(6);(b}(7)(C) Cc: _ Sub7ject ~~:~LP~R~ SP~I~ aS~h~s~c~re~e~n~L~a~n~ g u~a~g~e--------~ Good afternoonKb)(6);(b}(7)(C) Attached is a draft of the splash screen language (Rules of Behavior) that wi n appear when ICE users log on to the lPR database. Please review and provide any edits via track changes . Deadline: COB Monday December 18 Please can me with any questions. I Fb)(6);(b)(7}(C) Senior Privacy Compliance Specialist Information Governance and Privacy (IGP) U.S. Immigration & Customs Enforcement Direct : (202) 732 b)(6);( Main: (202) 732- . }(7)(C Questions? Please visit the Privacy & Records Office website at https:/Iinsigh t.ice.dhs.goY/mgt/oop/Pages/index.aspx. 2018-ICLI -00035 1114 Acknowledgment: I acknowledge receipt of, understand my responsibi lities, and wi ll comply with the rules of behavior for Vigi lant's LEARN LPR data service. Name/Signature/Date 2018-ICLI -00035 1116 From : Sent: To : Subject: Smith, Amber 15 Mar 2018 18:02:43 -0400 t'h\IRHh\I7\Ir.\ RE: l PR Tasker We haven't been tasked with it yet, though I asked to be. Thanks for letting me know it's in the works. I'll reach out to Exec Sec. Amber Smith Acting Assistant Director Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct : (202) 732-kb)(61 1 Mobile: (202) 487-llilliil] Main: (202) 732.j{hIIRI-1 Questions? Please visit our website at https:/Iinsight.ice.dhs.goY/mgt/oop/Pageslindex.aspx . From : ~b)(6); (b)(7}(C) Sent: Thursday, March 15, 20185:38 PM To: Smith, Amber; Kb)(6);(b)(7}(C) I Subject: LPR Tasker Good Evening, Did you all get the LPR tasker from the House Oversight Committee? They want the PIA and the policies governing LPR and retention of that information. If not, I assume it wi ll be heading your way next. Thanks, ,--J1CPPB, CFCM _7_)(C L f b_X6_);_ (b X _ )_ _c-_ _ Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732-kiillilllMobile: 202-34S-Kb)(6); I Email: kb)(6);(b)(7}(C) I NOTICE: This communication may contain privileged or othenvise confidential information. If you arc not an intended recipient or belieye you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you reeeiyed this message in error and delete the message from your system. 2018-ICLI-00035 1117 From : Sent: To : Subject: Attachments: kb)(6);(b}(7)(C) Fri, 2 Feb 2018 14:25 :04 +0000 I Kb)(6);(b)(7}(C) RE: lP R - Tuesday launch? smi me.p7s Ok, thanks. I was able to connect with kb)(6l:(b)(7}(C) I yes. We're all set there. Someone at ERO erroneously said access was available and my phone's been blowing up © Have a great weekend. I'll have my phone and laptop with me if you need me, but will be checking in fireside from the lodge . ................................ ... kb)(6);(b)(7}(C) Client Relationship Manager Thomson Reuters Special Services, llC M 443-622-kb)(6Hb)(7)(C) This email (or.tains information Irom Thomson Reuters Spe(ial Servi(es. LLC. that may be sensitive and (onfidential. This message is to be used solely by the intended recipient. II you are nOt the intended recipient. then you received this message in error and are requested to delete it (and all copies). You are further requested to neither reproduce nor share the contents of this message with anyone except the intended retipient and are to notify the sender if this is an erroneous transmission. Your (ooperation is appreciated. From : kb)(6Hb)(7)(C) Sent : Friday, Februa ry 02, 2018 9:23 AM To: kb)(6Hb)(7)(C) Subject: RE: l PR - Tuesday launch? I am waiting on confi rmation fro m the ICE C ISO. I believe that will occur on Monday. Rega rdless, the fi rst day it could go out woul d be Tuesday. Were you able to connect with fb)(6);(b}(7)(C) Thank you fo r taking care of that so qui ckly_ ¥bX 6);(bX 7)(C) IC PPB, CFCM Detention, Compli ance and Removals (OCR) I Secti on Chief DHS l ICE I Offi ce of Acqui siti on Managemen( (OAQ) Phone: 202-732-kb)(6) IMobile: 202-345 -1i~!l%U Email: t b)(6);(b}(7)(C) I NOTICE: Th is com muni cati on may contain privi leged or otherwise con fi dential info rmation. If you are not an intended recipient or beli eve you have received th is communi cati on in error, any 2018-ICLI -00035 1118 review, dissemination, di stribution, or copying of thi s message is strictly prohibited. Please infonn the sender that you recei ved thi s message in error and delete the From: j(b)(6);(b}(7)(C) Date: Friday, Feb 02, 2018 , 9:09 AM To: ~b)(6); (b)(7}(C) Subject: LPR - Tuesday launch? Good morningI'm emailing for confirmation that we can communicate to admins to expect passwords and instructions from me on Tuesday . ...... ........ ....... ....... .... ... Kb)(6);(b}(7)(C) Client Relationship Manager Thomson Reuters Special Services, llC M 443-6221 b)(6);(b}(7)(C) www.trssllc.com TRSS We provide critical mission support in the face of evolving threats, by integrating data, technology and subject matter experts, to solve customer challenges . Click here for more information regarding TRSS Services. This email contains information from Thomson Reuters Special Services. LLC. that may be sensitive and confidential. This message is to be used solely by the intended recipient. If you are not the intended recip ient, then you received this message in error and are requested to delete it (and all copies). You are further requested to neither reproduce nor share the contents of this message with anyone except the intended recipient and are to notify the sender if this is an erroneous transmission. Your cooperation is appreciated. 2018-ICLI -00035 1119 From: Sent: To: Cc: Subject: Weinberg, Bill 22 Dec 2017 16:39:34 -0500 Kb)(6l:(b}(7)(C) Bailey, Jason RE: LPR Award Thanks - enjoy the holiday! Bill Weinberg Chief Acqu isition Officer US Immigration and Customs Enforcement Sent w ith BlackBerry Work (www.blackberry .com) From: Kb)(6);(b)(7}(C) Date: Friday, Dec 22 , 2017, 4:37 PM To: Weinberg, Bill b)(6);(b}(7)(C) Cc b)(6);(b)(7}(C) Subject: RE: LPR Award All, We executed the award for LPR thi s afternoon with approval from the PRN ACY office. The infonnation below still stand s. We won't use the service until the PIA is approved . We are planning a demo for ICE HQ on 114. Please let me know if you need any additional infonnation. Thank s, ~1b2 )(6~);(~bX~7~ )(C~)~__~__~l cPPB , CFCM Detention, Compl iance and Removal s (DCR) I Section Chi ef DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732-[iiillii]MobiIe: 202-345-i Date: Thursday, Dec 2 1, 2017, II :29 PM [ (6);(b X7)(c) ubJcct: RE: CpR Award 2018-ICLI -00035 1120 This was all done lAW the ~b)(6); (b)(7}(ClI emails on approval of this action? We shou ld be good .. ... Bill Weinberg Chief Acqu isition Officer US Immigration and Customs Enforcement Sent with BlackBerry Work (www.blackberry.com) From: l(b)(6);(b}(7)(C) Date: Thursday, Dec 21 , 2017, \0:35 PM Iw einberg, Bill 1 2018-1CLl-00035 1153 From : Sent: To : Cc : Subject: 19 JuI201717:11:39 +0000 Smith, Amber i h)(flHh)(7)(G ) RE : CLEAR contract questions Hi Amber, I do have a copy of the TRSS response. I would like to walk through it with you to discuss further. Please let me know when you are available. I will be out of the office Tuesday and Wednesday. I've copied ~kb~)(@6~ ): (~bR )(7UX[Cl)=:::J1 from my team who will be working with me on this requirement. Thanks, ...J1CPPB, CFCM ,,1b"' )(6"');"' (bX"7 '"' )(C" ')_ _ _ _ _ Detention, Compliance and Removals (OCR) I Section Chief DHS I ICE I Office of Acquisition Management (OAO) Phone: 202-732 ~ Mobile: 202-345.j(b)(6):( I Email: kb)(6):(b)(7)(C) I NOTICE: Th is communicatio n may contain privileged or otherwise confidential information. If you are not an intended recipient or believe you have received this co mmunication in error, any review, dissemination, distribution , o r copyi ng of this message is strictly prohibited. Please inform the sender that you rece ived this message in error and delete the message from your system. From: Smith, Amber Sent: Tuesday, July 18, 2017 1:56 PM To: rb)(6);(b)(7)(C) Cc: ~~~~~~--~--~ Subject: RE: CLEAR contract questions Hi Fb)(6 1 The deficiencies in what TRSS provided re: its own (non-Vigilant) LPR database are more extensive than those listed in the agenda . The agenda just provided a few examples. Others include the ability to search geographically without a license plate number when the requirement is that searches must be limited by a license plate number, the 'alert list' requirement, the requirement that historical queries be limited to certain timeframes, etc. With respect to TRSS' response below, the requirement in the SOW is for the field to be mandatory. Unless TRSS is willing to customize the CLEAR platform to meet all of the requirements in the SOW, we are not able to use their LPR database. We can, however, use Vigilant (either through TRSS- though I'll be up front and tell you I have concerns about that - or by going directly to Vigilant) as they appear to have most, if not all, of the required features and are able/willing to further customize to meet our requirements. 2018-ICLI -00035 1154 Do you have TRSS' response to the RFI that kb)(6):(b l sent? If you would like to walk through that with us and discuss further, we can do so sometime this week. Copying k~~~)(~ 6);li ; (b~)(i7X ?:il'C~)==JI for awareness. Amber Smith Privacy Officer Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: (202) 732t b)(6 1 Main: (202) 732· ;(b)( Questions? Please visit our website at https:Uinsight.ice.dhs.gov/mgt/oop/Pages/index.aspx . From : kb)(6):(b)(7)(C) I Sent: Tuesday, July 18, 2017 12:54 PM To: Smith, Amber; kb)(6);(b)(7XC) I Subject: FW: CLEAR contract questions Good Afternoon, In light of our discussions yesterday I reached out to TRSS to outline the concerns that were shared in the discussion and the information meeting invite . I received the following response from TRSS: "Per our conversation, aud iting of LPR searches via CLEAR is possib le. For the searches conducted on the informat ion that's integrated int o CLEAR, we can provide: 1. Name of user who conducted search 2. Date/time stamp of search (time zone local to user) 3. Actual query conducted In othe r words, we cou ld tell you that M ickey Mouse searched license plate ABCD1234 at 7:23AM EST on 7/17/2017. We can requ ire a reference fie ld as well, if necessary. We cannot requ ire certain text to go within the reference field, but we can requ ire a refe rence field itse lf." Does this address your concerns about the TRSS license plate data? If there are any additional questions or queries needed please let me know and I am happy to relay them to the vendor. Please forgive me if I have not accurately relayed the privacy concerns. Thanks, F b_)(6_);_ L (b-,)(7_XC_)_---,,----_---:-'~ CPPB, CFCM Detention, Compliance and Removals (DCR) I Section Chief DH5 I ICE I Office of Acquisition Management (OAQ) Phone: 202-732-1!iillill Mobile: 202-34S.J!1illill 2018-ICLI -00035 1155 Email: ~(b)(6); (b}(7)(C) NOTICE: This communicati on may contain privileged or otherwise confidential infonnation. If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system. 2018-ICLI -00035 1156 From : Sent: To : Cc : Subject: Attachments: Kb)(6);(b)(7}(C) Fri, 22 Dec 2017 15:35:16 +0000 b)(6);(b}(7)(C) RE: DEMO smime.p7s For the two of you? Or a wider audience? Either way, I'd be glad to do so. Let's do it Thursday afternoon or anytime on Friday . ...... ........ ....... ....... ...... . i h\(flHh\I7\(G\ Client Relationship Manager Thomson Reuters Special Services, llC M 443-622-j(b\(6Hb\I7\(C\ This email contains information Irom Thomson Reuters Special Services, LLC. that may be sensitive and confidential. This message is to be used solely by the intended recipient. II you are not the intended recipient, then you received this message in error and are requested to delete it (and all copies). You are further requested to neither reproduce nor share the contents of this message wi th anyone except the intended recipient and are to notify the sender if this is an erroneous transmission. Your cooperation is appreciated. From : kb)(6);(b}(7)(C) Sent : Friday, December 22, 2017 10:33 AM To: Rb)(6);(b)(7}(C) Cc: t su~~ ·e-ct~:~D~E7 M~O~--------------------~ Hi kb\(6Hb\l7\( I Would it be possible to set up a Demo sometime during for the first week in January (1/2-1/6) . Obviously our users are extremely excited about the possibility of using this service . Please let us know. Thanks, ,-l1 CPPB, CFCM _ 7_)(C L f b_X6_);_ (b X _ )____,---____ Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732-1lliRID]Mobile: 202-345.j(b)(6Hbl Email: Fb)(6);(b}(7)(C) I NOTICE: This communication may contain privileged or otherwise confidential infonnation. If you are not an intended rec ipient or believe you have r<.>(:eived this communication in error, any review, dissem ination, distribution, or copyi ng of this message is strictly pro hibited. Please info rm the sender that you received this message in error and delete the message fro m your system. 2018-ICLI -00035 1157 From: Weinberg, Bill Sent: 15 Dec 2017 14:58:29 -0500 To: Kb)(6l:(b}(7)(C) Subject: I RE: Draft OPA statement on LPR solicitation Please ed it and share with the group. Thanks! There was another question a minute ago as well. Bill Weinberg Chief Acqu isition Officer US Immigration and Customs Enforcement Sent with BlackBerry Work (www .blackberry.com) From: Ilh)(flHh)I7\IG) Date: Friday, Dec 15,2017, 2:53 PM To: Weinberg, Bill ~~b~)(~ 6)fu;(b~)(~7X~C~)===~=;::::] Subject: RE: Draft OPA statement on LPR solic itation Hi Bill, Only edit is that we are actually awarding to TRSS who has partnered with Vigilant to provide the service. It is important because we are issuing it as a so le source to TRSS. 1b)(6);(bX7 )(C) IC PPB, CFCM Detention, Compliance and Remova ls (DCR) I Section Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732~ Mobile: 202-345-KbX6);( I Emai l: ~b)(6); (b}(7)(C) I NOT ICE: This communication may contain privi leged or otherwise confidentia l information. If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of thi s message is strictl y prohibited. Please inform the se nder that you received this message in error and delete the Weinberg, Bill k~b~)(~ 6\Cii · lb~)(~7)~(C~\~=====::J Date: Friday, Dec 15, 2017, 2:48 PM To: ~b)(6); (b}(7)(C) Subject: FW : Draft OPA statement on LPR solicitation From: Bill Weinberg Chief Acqu isition Officer US Immigration and Customs Enforcement 2018-ICLI -00035 1158 Sent w ith BlackBerry Work (www.blackberry.com) From: Johnson, Li z _[jib~}(~6\i1 : (b~)llq~)(c~)c:::=,===:J Date: Friday, Dec 15,2017,2:28 PM To: Blank, Thomas ¥ b)(6l:(b)(7)(C) 1Rahilly, Lyn M Kb)(6);(b}(7)(C) Albence, Matthew kb)(6l:1b)(7)(C) I, Weinberg, Bill kb)(6);(b)(7}(C) Price, Corey A kh\IflHh\(7)(;\ [ b)(6)'(b)(7 Xc) Subject: FW: Draft OPA statement on LPR sol icitation All - please find below the final RTQ as cleared by Privacy. OPA plans to use this in response to media inquiries. Please advise of any editS/changes NLT 3prn. Thanks, Liz b}(5);(b}(7)(E) 2018-ICLI -00035 1159 I I b}(5);(b}(7)(E) Kb)(6);(b}(7)(C) Public Affairs Officer/Spokesperson U.S. Immi ration and Custom s Enforcement (ICE) 202-732 6)(6);( (desk) 813-230 )(7XC (ce ll) www.lce .gov 2018-ICLI -00035 1160 From : Sent: To : Cc : Subject: Attachments: W b}(6Hb}(7)(C} 9 Jan 2018 10:29:18 -0500 Smith, Amber Fb)(6);(b}(7)(C) kb)(6):(b)(7}(C) RE: Mobi le app for EROjHSl lPR commercial data service Carwash Proof Point Report - Vigilant Mobile Companion 20171226.pdf Hello, Here is the report. let me know if you need assistance interpreting the results. Thanks, Kb)(6);(b}(7)(C) Security Archi tecture & Engineering Information Assurance Division (lAD) U.S. Immigration and Customs Enforcement (ICE) Department of Home land Security (DHS) Office: 202-732- b)(6); Mobile: 202-731 E!(7)( Email b)(6);(b)(7}(C) From : Smit h, Amber Sent : Thursday, December 21, 2017 4:39 PM [ b)(6)'(b X7)(c) Subject: RE: Mobile app for EROjHSl lPR commercial data service Thanks, Kb)(6);( I kb)(6):(b)(7)(C) I will probably want you to get the PTA for the mobile app started once we receive the carwash report from kb)(6):(b)(7}(C) land I will be able to help orient you to the license Plate Reader service . kh\IRHh\ 1 Amber Smith Privacy Officer Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: (202) 73211hl/R I Mobile: (202) 487-1!Jilliill Main: (202) 732tiJilliill Questions? Please visit our website at https:/linsight .ice.dhs.gov/mgt/oop/Pageslindex.aspx . From : kb}(6Hb}(7}(C} I Sent: Thursday, December 21, 20 171:47 PM To: kb)(6);(b}(7)(C) I Smith, Amber 2018-ICLI -00035 1161 Cc: kb)(6);(b}(7)(C) Subject: RE: Mobile app for ERO/HSI LPR commercial data service OK it's processing now. I'll send the report ASAP. ~b)(6); (b}(7)(C) Security Architecture & Engineering Infom13tion Assurance Division (lAD) U.S. Immigration and Customs En forcement (ICE) Department of Homeland Security (DHS) Office: 202-732- b)(6); Mobile: 202-731 b)(7)( Email j(b)(6);(b}(7)(C) From: kb)(6Hb)(7)(C) Sent: Thursday, December 21, 2017 9:04 AM To: Kb)(6);(b}(7)(C) Cc: ~b)(6); (b}(7)(C) I Smith, Amberkb)(6Hb)(7)(C) I I Subject: RE: Mobile app for EROjHSllP R commercial data service Hi kb)(6);1 We just received the following from the vendor regarding the app: There are two ways users can access LEARN via the mobile site. One is via CLEAR - click the hyper/ink in CLEAR to be taken to the LEARN platform. Alternatively, users can go to the LEARN app directly. You can search Vigilant solutions on the App Store to locate. Please search "Vigilant Solutions, Inc." The apps name is Vigilant Mobile Companion. Thank you, kb}(6l:(b }(7)(C) Detention, Compliance & Removals (OCR) IContracting Officer DHS I ICE I Office of Acquisition Management (OAQ) Office : (202) 732- b)(6); Mobile: (202) 87 (!l.}(7)( kb)(6):(b)(7)(C) NOTICE: This communication may contain privileged or otherwise confidential information . If you are not an intended recipient or believe you have received this comm unication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system. From : kb\(6Hb)(7)(C\ Sent: Tuesday, December To: Smith, Amber Cc: f b)(6):(b)(7)(C) • Subject: 19, 2017 11:22 AM , • .. , RE: Mobile app for ERO/HSI LPR comm ercial data service Hi, 2018-ICLI -00035 1162 Yes I am still Carwash POe. Is this app avai lable on the regular App Store or is it limited release? If it's on the App Store, ali i need is the name. If it's limited release, I'll need the executable file (e .g., ScanPlate. ipa). Thanks, kb)(6);(b)(7XC) Security Architecture & Engineering Information Assurance Division (lAD) U.S. Immigration and Customs Enforcement (ICE) Department of Homeland Security (DHS) Office: 202-732- b)(6);( Mobile: 202-73 1 ~7)( Emai l: b)(6):(bX7)(C) From: Smith, Amber Sent: Monday, December 18, 2017 6:06 PM r b)(6),(b X7)(c) Subject: Mobile app for EROj HSI LPR commercial data service Importance: High Hi ¥~W!! I- ERO and HSI intend to procure access to a commercial data service that wil l provide them wit h query-based access to license plate reader data. The service is going to include a mobile app, so it w ill need to go through the Carwash process and we w ill need to do a PTA to submit it to the Department. Are you still the go-to person for mobile apps, or is there someone else I shou ld connect with? I've copied kb)(6):(b)(7}(C) I the Contracting Officer and the Contract Specialist, respect ively, as they will be the best POCs to connect the appropriate person w it h the ve ndor. The program owners are Kb)(6);(b)(7XC) I Please let me know as soon as you can, as this is very time sensitive (per the fron t office). Thanks very much! Amber Smith Privacy Officer Office of Informatio n Governance & Privacy U.S. Immigration & Customs Enforcement Direct - (202) 732-d!iillID] Mobile - (202) 487-( h""'1 Main - (202) 732-.1!iillIDJ 2018-ICLI-00035 1163 App Scan Report App Overview . . !I v. App Risk Version: 1.1.170623. 1500 App Risk Categories Cornpo'site App Risk. 5.93 Pe,'cerltile Risk. 82.32 Date. Jul 15, 2017 1 P.. Goog le Play • Account Takeover. 5.33 • Adware. 4.00 • Data Leak: 5.14 • Device Takeover: 6.28 • Malware. 6.24 • Network. 7. 49 • Privacy. 5. 19 • Publisher Risk. 5.93 Vigilant Mobile Com pan ion J • App Risk Data 1::1 Risk Summary Malware • App has code in it to access your accounts. • Allows the gathering of information on basic phone information, such as network type and connection state. • App attempts to write device security settings . This is usually malicious . • Uses non-system compiled libraries, and the app developer may not know what security issues are within these libraries . • App writes address book information to a file. Adware • App sends some of your data to a third party ad network. Data Leak • The application uses the device's camera. This app can take pictures and video of you . If the device supports multiple cameras, the application uses the camera that facing away from the screen. • App can read external storage, such as USB devices attached to your phone or tablet. • App can write to external storage devices. Privacy • App looks up your precise location derived from network location sources such as GPS, cell towers, and Wi-Fi. • App looks up your geolocation. Device Takeover • App reads the state of your phone. Network • Communicates some data in non-secure ways. • Short for HyperText Transfer Protocol Secure, HTTPS is a communications protocol for secure communication over a computer network. The app uses this protocol to send information from the device. 11::1 Account Takeover : Moderate Risk Risk Description Risk Type App has code in it to access your accounts. access App establishes network connections to send and access App Communication receive data . Allows the gathering of information on basic phone access information , such as network type and connection state. Uses non-system compiled libraries, and the app flag developer may not know what security issues are within these libraries . --------------------------------------------------------------------------------------------------------- , , 11::1 Adware : Low Risk Risk Description Risk Type App sends some of your data to a third party ad access App Communication network. vigilant Mobile Companion 1.1.170623.1500, Jul 15, 20 17 pmof~~18~~~M~9'3'5 Com~ti" Data Leak: Moderate Risk Risk Description Risk Type App has code in it to access your accounts. access App sends some of your data to a third party ad access App Communication network. The application uses the device's camera. This app permission can take pictures and video of you. If the device supports multiple cameras, the application uses the camera that facing away from the screen. Accesses the Internet. permission App establishes network connections to send and access receive data . App can read external storage, such as USB devices permission attached to your phone or tablet. Allows the gathering of information on basic phone access information , such as network type and connection state. App can write to external storage devices. permission Uses non-system compiled libraries, and the app flag developer may not know what security issues are within these libraries. write /d ata/data/com .and raid .inputm ethod.lati n/files/co ntacts .e n_US .dict. temp * O? {A Risk Description Risk Type App Communication Determines if network is available. Allows permission App writes address book information to a file. ICI Device Takeover : Moderate Risk applications to access information about networks . Typically used by ad networks. App accesses the state of your WIFI. Allows permission applications to access information about Wi-Fi networks. App establishes network connections to send and access receive data. App reads the state of your phone. permission Allows the gathering of information on basic phone access information , such as network type and connection state. App attempts to write device security settings. This is permission usually malicious. Uses non-system compiled libraries, and the app flag developer may not know what security issues are within these libraries . , vigilant Mobile Companion 1.1.170623.1500. Jul 15. 2017 pmof~~18~~~~9'3'5 coffgg''''' Ie Malware: Moderate Risk Risk Description Risk Type App has code in it to access your accounts. access App establishes network connections to send and access App Communication receive data . Allows the gathering of information on basic phone access information , such as network type and connection state. App attempts to write device security settings. This is permission usually malicious. Uses non-system compiled libraries, and the app flag developer may not know what security issues are within these libraries . App writes address book information to a file. Idalaldatalcom.android. inputmelhod.latin/files/contacts.en_US.dict.temp·O?{A write ---------------------------------------------------------------------------------------------------------, Ie , Network: Moderate Risk Risk Description Risk Type Determines if network is available. Allows permission App Communication applications to access information about networks . Typically used by ad networks. App establishes network connections to send and access receive data . Allows application to report on how user is connected access to the internet. Communicates some data in non-secure ways. uri http ://maps.goog Ie .co m/maps?q == http://plus.google.com/ http://maps.google.com/mapsJ?daddr== http ://media .admob.com/mraidlv 1/mraid_app_interstitial .is http ://www.goog le.com http ://media .admob.com/mraidlv 1/mraid_app_banner.is http://schemas.android .com/apkllib/com .google.android .gms .plus http://maps.google.co m/maps/api/staticmap?center== http://nvls-Jpr.com :88881 http://googleads.g.doubleclick. net http://media.admob.com/mraidlv 1/mraid_app_expanded_ banne r. is http://vigilantsolutions.com/about vigilant Mobile Companion 1.1.170623.1 500, Jul 15, 2017 pmof~~18~~~M~9'3'5 c0ffg6""" Short for HyperText Transfer Protocol Secure, urI HTTPS is a communications protocol lor secure communication over a computer network. The app uses this protocol to send inlormation Irom the device. https:/lmaps.googleapis.com/maps/api/directions/ https://vigilantfacialrecognition.com https://www.googleapis.com/auth/plus.login https://maps.googleapis.com/maps/api/place/detailsl https://www.googleapis.com/auth/games https://maps.googleapis.com/maps/api/geocode/json?lailng= https://vigilantfacialrecognition.com/fsmobilenl https:/llearn-nvls .com/MOBtLE/ https:/lnllsweb.com https:/Iwww .googleapis.com/auth/games .Ii rstparty https:/lmaps.googleapis .com/maps/api/place/autocomplete/ https:/lwww.googleapis.com/auth/appstate L- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , , Privacy: Moderate Risk Risk Description Risk Type App looks up your precise location derived Irom permission App Communication network location sources such as GPS, cell towers, and Wi-Fi. App has code in it to access your accounts. access App sends some 01 your data to a third party ad access network. The application uses the device's camera . This app permission can take pictures and video of you . If the device supports multiple cameras, the application uses the camera that lacing away from the screen. Accesses the Internet. permission App looks up your geolocation. access Provides classes that manage various media access interfaces in audio and video. The Media APls are used to play and, in some cases, record media liles . This includes audio (e.g ., play MP3s or other music files, ringtones, game sound effects, or DTMF tones) and video (e.g ., playa video streamed over the web or from local storage) . App can access media recording and playpack access capabilities of your device . App establishes network connections to send and access receive data. App can read external storage, such as USB devices permission attached to your phone or tablet. Allows the gathering of information on basic phone access information , such as network type and connection state. Uses non-system compiled libraries, and the app flag developer may not know what security issues are within these libraries . Vigilant Mobile Companion 1.1.170623.1500. Jul 15. 2017 pmof~~18~~~M~9'3'5 com'?"'" App writes address book information to a file. Idataldatalcom.android.inputmethod.latin/files/contacts .en_US.dict.temp*b?{A write App Data Geolocation: Countries Where Apps Comm unicate? App Communications: 1 country an d 3 4 servers ® ® IP Address : 216.81 .81 .82 Country o f Origin : United States Endpoint City State Country Protocol IP Address Publisher Santa Monica California United States http 173.247.252.106 Comm Server Englewood Colorado United States http 128.121.46.66 Comm Server Englewood Colorado United States https 128.121.46.68 Comm Server New York New York United States https 128.121.46.69 Comm Server Baytown Texas United States http 192.249.116. 107 Comm Server Mountain View California United States http 70.32.146.212 Comm Server Mountain View California United States http 74.125.224.100 Comm Server Mountain View California United States http 74.125.224.101 Comm Server Mountain View California United States http 74.125.224.102 Comm Server Mountain View California United States http 74.125.224.103 Comm Server Mountain View California United States http 74.125.224.104 Comm Server Mountain View California United States http 74.125.224.105 Comm Server Mountain View California United States http 74.125.224.110 Comm Server Mountain View California United States https 74.125.224.112 Comm Server Mountain View California United States https 74.125.224.113 Comm Server Mountain View California United States https 74.125.224.1 14 Comm Server Mountain View California United States https 74.125.224.115 Comm Server Mountain View California United States https 74.125.224.116 Comm Server Mountain View California United States http 74.125.224.96 Comm Server Mountain View California United States http 74.125.224.97 Comm Server Mountain View California United States http 74.125.224.98 Comm Server Mountain View California United States http 74.125.224.99 Comm Server Mountain View California United States http 74.125.28.100 Comm Server Mountain View California United States http 74.125.28.101 Comm Server Mountain View California United States http 74.125.28.102 Vigilant Mobile Companion 1.1.170623.1500, Jul 15, 2017 pmof~~18~~~M~9'3'5 coffgB""" Comm Server Mountain View California United States http 74.125.28 .103 Comm Server Mountain View California United States http 74.125.28.104 Comm Server Mountain View California United States http 74.125.28 .105 Comm Server Mountain View California United Stales http 74.125.28.106 Comm Server Mountain View California Uniled Stales http 74.125.28 .113 Comm Server Mounlain View California United States http 74.125.28.138 Comm Server Mountain View California Uniled Stales http 74.125.28.139 Comm Server Mountain View California United States http 74.125.28.147 Comm Server Mountain View California Uniled Stales http 74.125.28 .99 , lei Geo-Location Information Country Organization User Type Net.peed 128.121.46.66 United States NTT America residential Corporate 128.121.46.68 United States NTT America residential Corporate 128.121.46.69 United States NIT America residenlial Corporate IP Address Domain 173.247.252 .106 inmotionhosting .com United States InMotion Hosting residential Corporate 192.249.116.107 inmotionhosting.com United States InMotion Hosting residential Corporate United States Double Click business Corporate 70.32.146.212 74.125 .224.100 1el OO .net United States Google business Corporate 74.125 .224.101 1el OO .net United States Google business Corporate 74.125.224.102 lel00.net United States Google business Corporate 74.125.224.103 lel00.nel United States Google business Corporate 74.125 .224.104 1el OO .net United States Google business Corporate 74.125.224.105 lel00.net United States Google business Corporate 74.125.224.110 lel00.nel United States Google business Corporate 74.125 .224.112 1el OO .net United States Google business Corporate 74.125 .224.113 1el OO .net United States Google business Corporate 74.125.224.114 lel00.nel United States Google business Corporate 74.125 .224.115 1el OO .net United States Google business Corporate 74.125 .224.116 1el OO .net United States Google business Corporate 74.125.224.96 lel00.net United States Google business Corporate 74.125.224.97 lel00.nel United States Google business Corporate For more information visit hups :l/mobiledefeose.proolpoint com/application delaUs?app id 88393165 App Reputation: How do th is app's risk factors compare to other apps App reputation is a score that compares the risk and maliciousness of this app as compared to over 50 million other apps that have been analyzed by Prooipoint Mobile Defense . The following graph shows how this app ranks versus over 50 million other apps. Apps that are to the right of the graph are more prone to putting your private information at risk. Apps on the far right are known to be purely malicious and must be avoided. Vigilant Mobile Companion 1.1.170623.1 500. Jul 15. 2017 pmof~~18~~~M~9'3'5 ''ffgg"'''' Application Reputation 10M 1M ~r.I~ .....0 ~ rJ 10k <{ r.!" m~ lOOk til a. a. '!':iIoiII lk 0 z 100 I 10 1 0 1 2 4 3 5 6 7 8 9 • 10 Normalized Risk Score ~ Android App Data CI , Description The Vigilant Mobile Companion app is exclusively for Vigilant Solutions' law enforcement customers. This unique app is a companion app for the agency's Vigilant product(s) and extends the benefits of these products to more users - investigative, traffic patrol. mounted and foot patrol, etc.The app encompasses many of the tools and features seen in Vigilant's LEARN® product for license plate reader (LPR) analytics and access to the Vigilant national LPR database of over 4.2 billion license plate scans. The app also includes a mobile device version of Vigilant's exclusive feature known as Mobile Hit Hunter, and Vigilant's FaceSearch facial recognition product.License Plate Recognition Features and Functions: DAccess Vigilant's nationalLPR database of over 4.2 billion (and growing) license plate reader detections DAccess exclusive LEARN analytic tools such as Locate Analysis DAdd Hot Plates for monitoring against Agency-owned LPR systems, shared data from other agencies, and Vigilant's own private network of LPR data 0 Receive and share alerts on matches against Agency hotlists 0 Leverage the power of the Vigilant-exclusive Mobile Hit Hunter feature to see locations of nearby vehicles matched between your agency's hotlists and Vigilant's own private network of data DScan license Plates using your device's camera and have them uploaded to the Agency's LEARN account and matched against hotlists DAs the app requires an existing LEARN account with Vigilant, all transactions are fully audited and available for Agency Manager review.Facial Recognition Features and Functions: DAccess Vigilant's national gallery of over 13 million (and growing) mugshots, registered sex offenders, and more 0 Upload images to your Agency gallery for later matching and investigative purposes 0 Upload probe images from your device's camera to search against your available gallery and receive potential matches based on over 350 different facial measurements. , Additional Information Attribute Description Package Name com.vigilant.solutions.mobilecompanion Downloads 1000 Scan Date Jul 15, 2017 Last Update Ju115,2017 Installation Size 5.34 (MB) Comment Count 7 Developer Name Vigilant Solutions Developer Website http ://www.yjgjlantsolutjons.com Vigilant Mobile Companion 1.1.170623.1500, Jul 15, 2017 pmof~~18~~~M~9'3'5 ''ff%'''''' Developer Email bevigilant@vigilantsolutions.com MD5 a2a5aObf9be4e96 763b 7e8 749fb5e343 SHA1 04f71df8c590119da535892c8a159a86769a04fa SHA256 bc4ee6e 70375cda52df125022fbdbf024c3ca4c3b44cf4d411 Oaa59056f99b7d App Store URL https:l/play,goog le,cornlstore/appsideta jls?jd-corn ,vjgjlant. solutjons .rnobjlecornpanjon Privacy Policy URL hllps;/lwww.yjgj lantsolutjons .com/lpr-usage-and-prjyacy-poljcyl Recent Changes New Features;' Support "Shaw Hit" by Geo zone Bug Fixes;' MHH : Occasionally crashing application ' MHH : Fixed crash when adding a Hit commentServer, side Fixes :' License Plate Query; The result{s) were not correct when searching by commercial data· Stakeout: Would not shaw results when searching by drawn geo, zane' Locate Analysis: Fixed issue of "Out of Memory" errors Permissions android .permission.ACCESS_FINE_LOCATION, android.permission .ACCESS_N ETWORK_STATE, android.permission.ACCESS_W IFI_STATE , android ,permission.CAMERA, android.permission ,INTERNET, android .permissioo.READ_ EXTERNAL_STORAGE , android,permission .READ_ PHONE_STATE , android.permissioo.WRITE_EXTERNAL_STORAGE, android.permission.WRITE_SETIINGS, com .google,android.providers .gsf.permission .READ_GSERVICES , com.vigiiant .solutions.mobilecompanion.permission.MAPS_RECEIVE App Source Google Play Published Jul 03, 2017 Publisher Vigilant Solutions Category OTHERS Price Free Country US Communicating Servers 34 Communicating Countries , Screen Shots Caver Art Promo Badge Promo Videa Snapshot vigilant Mobile Companion 1.1.170623.1500, Jul 15. 2017 pmof~~18~~~~9'3'5 ''ff?loti'' b}(7)(E) L-__________________________________________________________________________________ Customer Reviews We do not have Customer Reviews for this application. Customer Rating ***** & 10 **** & 2 *** & 3 ** & 1 , vigilant Mobile Companion 1.1.170623.1500, Jul 15, 2017 proofil8int Mobile Q ~fx~sS Confl!!~ntial ;, 18 -1 ~j,j,~" 117;, ~ , ... 5 * ( :. 21 Total) l Other Versions Version Risk Downloads Score User Comment Rating Count PlaHorm App Country Publisher Category Price Source Release Scan Date Date Oct 22 , Sep 06, 2014 2015 Jul 16, Sep 26, 2015 2015 May 13, Nov 12, 2015 2015 Nov 03, Aug 01, 2015 2016 Nov 03, Oct 03, 2015 2016 Nov 03, Nov 21, 2015 2016 Jan 22, Aug 22, 2016 2016 May 13, Apr 03, 2015 2016 May 13, Apr 04, 2015 2016 May 13, Sep 01, 2015 2016 Jun 21 , Oct 28, 2016 2016 Dec 27, Jan 22, 2016 2017 Dec 27, Jan 22, 2016 2017 Dec 27, Jan 22, 2016 2017 NA Jan 22, Count 1.0.1004 5.93 1 o o Android Google US Vigilant Solutions UTILITIES Free Play 14.0030 1.0.06125.93 1,000 10 4 Android 15.1100 Google US Vigilant Solutions UTILITIES Free Play o 1.0.1008 3.44 o iOS iTunes US 15.1800 Vigilant Solutions, UTILITIES Free Inc. 1.0.1103 5.93 1,000 12 4 Android 15.1600 Google US Vigilant Solutions UTILITIES Free Play 1.0.11035.71 105 o o Android Vshare eN Others OTHERS Free 15.1600 1.0.11035.47 105 o o Android Vshare eN Others OTHERS Free 15.1600 1.0.1126 5.93 1,000 14 5 Android 15.1400 Google US Free Play o 1.0.2251 3.44 o iOS iTunes US 6.1800 Vigilant Solutions, UTILITIES Free Inc. o 1.0.0301 3.44 o iOS iTunes US Vigilant Solutions, UTILITIES Free Inc. 16.1000 1.1.3 Vigilant Solutions UTILITIES o 3.24 o iOS iTunes US Vigilant Solutions, UTILITIES Free Inc. 1.0.0620 5.93 1,000 17 6 Android 16.1700 1.1.16125.93 1,000 19 7 Android 1,000 19 7 Android 1,000 20 7 Android 1,000 20 7 Android 1,000 20 7 Android 1,000 21 7 Android 1,000 21 7 Android 1,000 21 7 Android 5,000 22 8 Android 5,000 22 8 Android 23.1400 Free Google US Vigilant Solutions UTILITIES Free Google NZ Vigilant Solutions UTILITIES Free 2017 Google SE Vigilant Solutions UTILITIES Free Google KR Vigilant Solutions UTILITIES Free Google SE Vigilant Solutions OTHERS Free Google US Vigilant Solutions OTHERS Free Google KY Vigilant Solutions OTHERS Free Google BM Vigilant Solutions OTHERS Free Play 5,000 22 8 Android 23.1400 1.1.1708 5.68 Vigilant Solutions UTILITIES Play 23.1400 1.1.1708 5.68 NL Play 23.1400 1.1.1708 5.68 Google Play 03.1900 1.1.1708 5.68 Free Play 03.1900 1.1.1705 5.68 Vigilant Solutions UTILITIES Play 26.1500 1.1.1705 5.68 IL Play 26.1500 1.1.16125.93 Google Play 26.1500 1.1.16125.93 Free Play 26.1500 1.1.16125.93 Vigilant Solutions UTILITIES Play 26.1500 1.1.16125.93 US Play 26.1500 1.1.16125.93 Google Google SM Vigilant Solutions OTHERS Free Play 5,000 22 8 Android Google VG Vigilant Solutions OTHERS Play vigilant Mobile Companion 1. 1.170623.1500, Jul 15, 2017 pmof~~18~~~~~R}'5 ''ff?30 ti '' Free Dec 27, Jan 22, 2016 2017 Dec 27, Jan 22, 2016 2017 May 08, Jun 21 , 2017 2017 May 08, Jun 21 , 2017 2017 Sep 05, Oct 15, 2017 2017 Sep 05, Oct 15, 2017 2017 Sep 05, Oct 15, 2017 2017 Sep OS, Oct 15, 2017 2017 1.1.1708 5.68 22 5,000 Android 8 23.1400 Google KR Free Vigilant Solutions OTHERS Play 1.1.1708 5.68 22 5,000 Android 8 23.1400 Google MV Free Vigilant Solutions OTHERS Play Sep 05, Oct 15, 2017 2017 Sep 05, Oct 15, 2017 2017 App Publisher Data Publisher Overview: Android Publisher Risk Data Publisher Risk: 5.93 Publisher Overview: iOS Total Apps Published 21 Total Apps Published 0 Total Free Apps 21 Total Free Apps 0 Tolal Paid Apps 0 Total Paid Apps 0 Total User Rating Count 391 Total User Rating Count 0 Total Comment Count 142 Total Comment Count 0 48,001 Total Number of Downloads 5.93 Composite Publisher Risk NA Total Number of Downloads Composite Publisher Risk 0 Publisher Reputation: How do this publisher's risk factors compare to other publishers Publisher reputation is a score that is derived from looking at the risk of all the apps that a publisher has created. App publishers who have published malicious or highly risky apps will score poorly on reputation, and you should be wary of their future apps. Publishers who have no history of publishing any apps at all, and who have only just appeared in the last few months, will similarly score poorly on the reputation system. The following graph shows how the publisher of this app ranks versus over 2 million other publishers. Publishers that are to the right of the graph are more prone to putting your private information at risk. Publishers on the far right are known to publish purely malicious apps and must be avoided. Publisher Reputation lOOk VI 10k ~ Q) .r: VI 1k .0 ::J ".... 0 100 0 z 10 1 o 2 1 3 5 4 7 6 8 10 9 Normalized Risk Score . . Android .... iOS Application Risk Platform Apps Published Composite App Risk Account Takeover Android 21 5.33 Data Leak Android 21 5.14 Device Takeover Android 21 6.28 Malware Android 21 6.24 Privacy Android 21 5.19 Network Android 21 7.49 Adware Android 20 4.00 , CI Publisher's App's Information App Name Package Name Version Risk Downloads User Comment Platform vigilant Mobile Companion 1.1.170623.1500, Jul 15, 2017 pmof~~18~~~~~R}'5 C'ff?~ti" App Country Category Price Release Rating Score Count Date Source Count NVLS Mobile nvlsmcclient.apis Companion Vigilant - Mobile Companion Vigilant Mobile Companion Vigilant - Mobile Companion Vigilant - Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion Vigilant Mobile Companion 5,000 24 12 Android o com.vigilant.solutions. 1.0.1 004 5.93 mobilecompanion 1,000 o UTILITIES Free 4 Android o iOS 2014 GooglePI US iTunes 1,000 12 4 Android UTILITIES Free US UTILITIES Free GooglePI US UTILITIES Free 1,000 14 5 Android GooglePI US UTILITIES Free ay 15.1400 o o iOS iTunes US UTILITIES Free o o iOS iTunes US UTILITIES Free 16.1000 o 3.24 o iOS iTunes US UTILITIES Free Android 1,000 19 7 Android 1,000 20 7 Android 1,000 20 7 Android 1,000 20 7 Android GooglePllL GooglePI NL GooglePI US GooglePI NZ Jun 21, 2016 UTILITIES Free Dec 27, 2016 UTILITIES Free Dec 27, 2016 UTILITIES Free Dec 27, 2016 UTILITIES Free NA GooglePI SE UTILITIES Free Dec 27, ay 26.1500 1,000 21 7 Android GooglePI KR 2016 UTILITIES Free ay 26.1500 1,000 21 7 Android GooglePI SE 1,000 21 7 Android GooglePI US OTHERS Free 1,000 21 7 Android GooglePI US OTHERS Free 5,000 22 8 Android GooglePI KY OTHERS Free 5,000 22 8 Android GooglePI BM OTHERS Free 5,000 22 8 Android GooglePI SM OTHERS Free 5,000 22 8 Android GooglePIVG OTHERS Free 5,000 22 8 Android GooglePI KR OTHERS Free com.vigilant.solutions. 1.1.1708 5.68 5,000 22 8 Android GooglePI MV ay 23.1400 vigilant Mobile Companion 1. 1.170623.1 500, Jul 15, 2017 pmof~~18~~~~~R}'5 coff?g''''' Sep 05, 2017 OTHERS Free ay 23.1400 Sep 05, 2017 ay 23.1400 Sep 05, 2017 ay 23.1400 Sep 05, 2017 ay 23.1400 Jul 03, 2017 ay 23.1400 May 08, 2017 ay 23.1500 May 08, 2017 ay 03.1900 Dec 27, 2016 ay 03.1900 com.vigilant.solutions. 1.1.1708 5.68 mobilecompanion May 13, ay com.vigilant.solutions. 1.1.1708 5.68 mobilecompanion 7 26.1500 com.vigilant.solutions. 1.1.1708 5.68 mobilecompanion UTILITIES Free ay com.vigilant.solutions. 1.1.1708 5.68 mobilecompanion 19 26.1500 com.vigilant.solutions. 1.1.1708 5.68 mobilecompanion GooglePI US ay com.vigilant.solutions. 1.1.1706 5.93 mobilecompanion 1,000 26.1500 com.vigilant.solutions. 1.1.1705 5.68 mobilecompanion Android ay com.vigilant.solutions. 1.1.1705 5.68 mobilecompanion 6 26.1500 com.vigilant.solutions. 1.1.1612 5.93 mobilecompanion 17 ay com.vigilant.solutions. 1.1.1612 5.93 mobilecompanion 1,000 16.1700 com.vigilant.solutions. 1.1.1612 5.93 mobilecompanion May 13, 2015 com.vigilant.solutions. 1.1.1612 5.93 mobilecompanion May 13, 2015 com.vigilant.solutions. 1.1.1612 5.93 mobilecompanion Jan 22, 2015 com.vigilant.solutions. 1.1.1612 5.93 mobilecompanion Nov 03, 2016 6.1800 com.vigilant.solutions. 1.0.0620 5.93 mobilecompanion May 13, 2015 mobilecompanion mobilecompanion Jul 16, 2015 ay 15.1600 com.vigilant.solutions.l.1.3 Oct 22, 2015 com.vigilant.solutions.1.0.0301 3.44 mobilecompanion GooglePI US 15.1800 com.vigilant.solutions.1.0.2251 3.44 mobilecompanion 10 Nov 14, 2013 ay com.vigilant.solutions. 1.0.1126 5.93 mobilecompanion Android 15.1100 com.vigilant.solutions. 1.0.11 03 5.93 mobilecompanion UTILITIES Free ay com.vigilant.solutions. 1.0.1 008 3.44 mobilecompanion o 14.0030 com.vigilant.solutions. 1.0.0612 5.93 mobilecompanion GooglePI US ay 13 Companion Vigilant - Mobile 3.0.11 07 3.80 Sep 05, 2017 OTHERS Free Sep 05, 2017 From : Sent: To : Subject: Smith, Amber 21 Feb 2018 lS:28:02 -OSOO kb)(6Hb)(7)(C) RE : NPR Questions on license plate readers ~ - I agree with your characterization of "misuse". I do think, however, we should put some time parameters around "as soon as practicable". Perhaps " ... as soon as practicable, but in no event later than 24 hours after discovery." Amber Smith Privacy Officer Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: (202) 7324th'''''1 Mobile: (202) 487-Uililil Main : (202) 73H'hl"' l Questions? Please visit our website at httPs:Uinsight.ice.dhs.goY/mgt/oop/Pages/index.aspx . From: Fb)(6);(b}(7)(C) I Sent: Tuesday, February 20, 20 18 5:47 PM To: Smith, Amber; kb)(6);(b}(7)(C) I Subject: RE: NPR Questions on license plate readers Good Evening, I am in the process of proposing language to the contract to provide an avenue for TRSS or Vigilant employees to report misuse. I have drafted the language below as a starting point. Please feel free to modify as necessary. "In the event that TRSS or its partners discover or suspect misuse of the service by an individual, it should be reported to the COR or Contracting Officer as soon as practicable after the discovery." My expectation is that the first question from the vendor will be to ask what we mean by "misuse." I believe that in the spirit of the PIA and our above board use of the system, that we should be broad in our definition of misuse. I would assume that it would be defined to include anything that TRSS or its partners could reasonably conclude was outside of the intended use of the system for law enforcement purposes. Please let me know your thoughts. Thanks, 1 Lb.:c )(6-)';C(b"' - X7c: )(...: C)--,:-_-;:-_ _-,-,J1CPPB, CFCM Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAO) Phone: 202-732- liJilliiJ Mobile: 202-34S-I!lilli[j] Emaif: kb)(6);(b}(7)(C) I 2018-ICLI -00035 1176 NOT[CE: This communication may contain privileged or otherwise confidential infonnation. [fyou are not an intended recipient or believe you have received this communication in error, any review, dissem ination, distribution , or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and de lete the message from your system. t Smith, Amber I; Price, Corey A; Kb)(6);(b)(7}(C) b)(5);(b)(7}(E) OAQ-The vendor is required to submit an audit log quarterly and upon request. OAQ-The agreement is silent on the Contractor reporting Government misuse. We will be issuing a modification to include the P$U language, which provides a method for the Contractor to provide notice to the COR in the event of misuse but that is misuse of Contractor employees. We will need to add this language via modification if we want it to be a requirement. We may want to focus on the agency managers and the audit logs for this response until we issue the modification . Thanks, f b )(6);(b)(7}(C) I CPPB, CFCM Detention, Compliance and Removals (OCR) I Unit Chief 2018-ICLI-00035 1177 DHS I ICE I Office of Acquisition Management (OAQ) Phone : 202-732- flillIDl Mobile: 202-345-\(b)(6): I Email: Kb)(6);(b)(7)(C) I NOTICE: Th is communi cation may contain privileged or otherwi se confi dential infonnation. I f you are not an intended rec ipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you recei ved th is message in error and delete the message from your system. From : kb)(6):(b}(7)(C) Sent: Friday, February 16, 2018 5:43 PM To: kb)(6Hb}(7)(C) t Smith, Amber; kb)(6):(b}(7)(C) Cc: kh\(flHh\(7)IG\ Subject: RE: NPR Questions on license plate readers I; Price, Corey A; Kb)(6);(b)(7)(C) HSI input kb)(6):(b}(7)(C) Acting Chief of Staff ICE-Homeland Security Investigations Cell, (3471992£~!\%\ 1 From: kh)lGl-IwpIC) I Sent: Friday, February 16, 20181:50 PM ~O~:Jkb~)(i6)~:(lb )~(7~)(C~)~~I~s~m~it~h~'~A~m~b=e~r;~k~b)~(6~):(~b)(~7~)(~C~)::::~====================~t Price, Corey A; ! Cc: kb)(6):(b}(7)(C) kh\(flHh\(7)Ir.1 I Subject: RE: NPR Questions on license plate readers Adding OPA input to the attachment ;~~~~~~~~~~::::::::~==================:J M; Price, Corey A; Subject: RE: NPR Questions on license plate readers Addin~(b)(fl)-(b l ' please include him in your consolidated version with the questions in the attached when you forward. Thanks. From: Smith, Amber Sent: Friday, February 16, 20181:43 PM To: R(b}(6Hb}(7)(C) Cc: kb)(fl)-(b)(7)IC) Subject: RE: NPR Questions on license plate readers 2018-ICLI -00035 1178 I Price, Corey A Sorry, ~ - Would you mind re-sending with the input I just provided incorporated? Amber Smith Privacy Officer Information Governance & Privacy U.S, Immigration & Customs Enforcement Direct: (202) 732-Kii1illI Mobile: (202) 4871£hlaiJ Main : (202) 732~ Questions? Please visit our website at https:Uinsight.ice.dhs.gov/mgt/oop/Pages!index.aspx . i~~~~'~~~~~~~~~~~;~~===========:J Price, Corey A Thank you, all! This is where we are with the responses I have received so far (OAQ and ERO), with OPA recommended edits, suggestions and questions high lighted : b)(5);(b}(7)(E) 2018-ICLI -00035 1179 201 B-ICLI-00035 1180 201 B-ICLI-00035 1181 t bX5 );(b X7)(E) From: kb)(6);(b)(7}(C) Sent: Friday, February 16, 2018 1:20 PM To: Smith, Amber; kb)(6):(b)(7)(C) t Price, Corey A Cc: Kb}(6);(b}(7)(C) Subject: FW: NPR Questions on license plate readers Good afternoon allEnforcement has reviewed the questions and provides the attached responses, with the concurrence of AD Price. Please let me know if you require any follow up to the attached . r b)(6);(b)(7}(C) Detention and Deportation Officer / (a) Enforcement Division Criminal Alien Program ICE Headquarters Warning: oecs nt is UNCLASSIFI EDIIFOR OFFICIAL USE ONLY (u//FOUO). 1t contains infom1ation that may be exemp ie release under the Freedom of Infonnation Act (5 U.s.c. 552). It is to be controlled, stored, handled, traosm 'buted, and disposed of in accordance with DHS policy relating to FOUO information and is not to be release ·c or other personnel who do not have a valid "need-to-know" without prior approval of an authorized DHS 0 IC . ion of this report should be furnished to the media, either in written or verbal form. From : Smith, Amber Sent: Friday, February 16, 2018 12:48 PM To: Bennett, Daniel1e; Price, Corey A; Quigley, William 2018-ICLI -00035 1182 Cc: kb)(6);(b}(7)(C) Subject: RE: NPR Questions on license plate readers Hi all - Lyn asked me to handle for IGP. If the plan is to respond to each question, I recommend we get draft responses together and walk through as a group. I'm copying kb)(6Hb l so he can assist with providing proposed language on those we have information about. Am ber Smith Privacy Officer Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: (202) 732-l£iillii1 Mobile: (202) 487-1!1illill Main : (202) 73 Hh\1R I Questions? Please visit our website at https:Uinsight.ice.dhs.gov!mgtloop!Pages!index.aspx . From: Rahilly, Lyn M Sent: Thursday, February 15, 2018 5:05 PM ~~~ f b)(6);(b)(7}(C) I; Smith, Amber Subject: RE: NPR Questions on license plate readers Adding Amber. Lyn Rahilly Assistant Director for Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: (202) 73 (b)(6); Main: (202)732- E'>(:eived this communication in error, any review, dissem ination, di stribution , or copyi ng of this message is strictly prohibited. Please inform the sender that you recei ved this message in error and delete the message from your system. From: Smith, Amber Sent: Tuesday, August 29, 2017 5:19 PM To: kb)(6);(b}(7)(C) I 2018-ICLI -00035 1196 Cc: Wb)(6) (b)(7)(C) I Subject: SOW for TRSSj LPRs Hi ~~~(~ Are you planning to take the first pen on modifying the SOW to clarify TRSS' role as primary (Vigilant as sub) or does someone else have the lead on that? We're happy to work with whoever has the ta sk. Amber Smith Privacy Officer Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: (20 2) 73 b)(6); Main: (202) 732 b}(7)( Questions? Please visit our website at https:ljinsightice.dhs.gov/mgt/oop/Pages/index.aspx . 2018-ICLI -00035 1197 From : Sent: To : Subject: Attachments: ~b)(6); (b}(7)(C) 4 Jan 2018 17:08:56 +0000 Kb)(6);(b)(7}(C) I RE: Splash Screen Language Splash Screen Language (FINAL 01 03 2018).docx I have been told that this is the final version. Thanks, X ,:: f b-, )16,-);I-, b -,7)_IC_) ::----;;_ _ ---:-:!I CPPB, CFCM Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732~ Mobile: 202-345-kb)(6):( I Emait: Fb)(6);(b)(7}(C) I NOTICE: This comm unication may contain privileged or otherwise confidential information. If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, o r copying of this message is strictly prohibited. Please inform the sender that you rece ived this message in error and delete the message from your system. From : kh\IflHh\(7)(G\ Sent: Thursday, January 04, 2018 11:07 AM To: kb)(6):(b)(7)(C) I Subject: Re : Splash Screen Language No issues. Get me the language when you've got it! .................................... kh\IflHh\(7)(G\ Client Relationship Manager Thomson Reuters Specia l Services, LLC M 443-622-Fb)(6);(b}(7)(C) This email contains information from Thomson Reuters Special Services, LLC. t hat may be sensitive and confident ial. The message is to be used solely by the intended recipient. If you are not that recipient, you received this message in error and are requested to delet e it (and all copies) . You are further requested to neither reproduce nor share the contents of this message with anyone except the intended recipient and to notify the sender of the erroneous transmission . Your cooperation is appreciated . ---'fwrote: X7_)I_C_) _ _ _ _ _ _ _ _ _ _ _ On Jan 4, 2018, at 10:45, L f b__ )16_);__ lb__ Hi Kb\(6Hb\(7)( I FYI, the language I sent yesterday with regard to the splash screen may end up being modified. It was sent to me as approved, however there have been some minor tweaks to the language considered . I don't know how this would affect your team so I wanted to let you know as soon as possible. The majority of the language will remain the same but we are discussing a few "may to will" type changes . Please let me know if you have any issues . 2018-ICLI -00035 1198 Thanks, ---:-:!I CPPB, CFCM ,= t b_}(6,);(_b}(:-;7)_(C_) ::----;:_ _ Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-73 U 'b)(6):1Mobile: 202-345-j{b}(6l:n Email: Kb)(6):(b)(7)(C) I NOTICE: This communicalion may cOnlain privileged or othenvise confidential infonnation . If you are not an inlended recipient or believe you have received th is communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please infonn the sender that you received this message in error and delete the message from your system. From : kb)(6):(b}(7)(C) sent: Wednesday, January 03, 20184:34 PM To: Kb)(6);(b)(7)(C) Subject: FW: Splash Screen Language Hi j(b)(6);(b)(7)( I Please see the splash screen language. Thanks, :::::::::::::::=.:::::::.J.ICPPB ~kbill}(~ 61] : (bill}(TI "il:CIl 1 CFCM Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone : 202-732- ~ obile: 202-34S{ b)(6l:(1 Email: kb)(6):(b}(7)(C) I NOTICE: This communicalion may cOnlain privileged or othenvise confidential infonnation . If you are not an intended rec ipient or believe you have received th is com munication in error, any review, dissem ination, distribut ion, or copying of this message is strictl y prohib ited. Please infonn the sender that you received this message in error and delete the message from your system. 2018-ICLI -00035 1199 Splash Screen Language (FINAL January 3, 2018) Welcome to Vigilant 's LEARN LPR Database . This system is for authorized ICE users only. Before using the database, you must read and consent to the foHowing: (1) Law Enforcement Pumose: You wi ll access, collect, and/or use LPR data and technology only for authorized criminal and administrative law enforcement purposes. Authorized law enforcement purposes mean that your use must be associated with an ongoing investigation, target of in vestigation, and/or targeted enforcement acti vities . (2) Querying the Commercial LPR Data Service: A license plate number is requ ired fo r every query of the commercial LPR data service . (3) Use of Commercial LPR Data: You will not take enforcement action based solely on data collected from Vigilant's LEARN database. LPR data must be supplemented with other investigative in formation before enforcement action is taken. (4) Auditing User Activity: All actions that you take while logged into the database will be recorded in an audit log. This audi t log wi ll be available to DHS Agency Managers quarterly, and to supervisors and the ICE Office of Profess ional Responsibility upon request. (5) Adding License Plate Numbers to Alert Lists: You may only add license plate numbers to an Alert List that re late to an ongoing ICE investigation or enforcement activity. You wi ll not gather and add license plate numbers to Alert Lists based solel y on race, ethn icity, nationality, rel igious affi li ation, sex, sexual orientation, or other protected status, unless authorized by law . You may only add a maximum of 2,500 license plates to a single Alert List. (6) Removing License Plate Numbers from Alert Lists: You must remove license plates from Alert Lists once they no longer relate to an ongoing ICE investigation or enforcement activity . (7) Free-Text Field: You must complete the free- text field to reference the specific case for wh ich a query was performed. At a minimum, you must enter the subject's name, and either the corresponding case number or Alien Registration Number (A- number). (8) Data Retention: You wi ll retain relevant query results in the appropriate case fi le or IT system according to the corresponding records retention schedule. You wi ll not retain LPR data that is not related to an ICE investigation or enforcement activity. (9) Training: Before accessing Vigilant's LEARN LPR data service, you must have already completed training on the use of this database, as well as annual privacy and records training. (10) Penalties: Unauthorized or improper use of the system may su bj ect you to disc ip line, in accordance with ICE policy. 2018-ICLI-00035 1200 Acknowledgment: I acknowledge receipt of, understand my responsibilities, and wi ll comply with the rules of behavior for Vigi lant's LEARN LPR data service. Name/Signature/Date 2018-ICLI -00035 1201 From : kh\IRHh\I7\Ir.\ Sent: 19 Dec 2017 22:13:50 +0000 To : [ b)(6);(b}(7)(C) Cc: Subject: RE: Thomson Reuters Response to RFQ 70CDCR18QOOOOOOOS - LPR Database Access - Sou rce Selection Sensitive - Due 12/18/17 Thanks, ~~1(6); (b)(7 1 Acknowledging receipt of your questions/points. Will aim to respond tomorrow as requested. From: "](b)(6);(b}(7)(C) Sent: Tuesday, December 19, 20 17 5:09 PM To: I b)(6);(b}(7)(C) Cc: _ SUbJ~'ect =::-;R;;;E=::-;T;;:h:::o=m:::so=n:-nR= e u-:;t::-er=S-;R;:e:::sp=o::n:::se==-tO:-nR"'FQ""7"OC"D"C"R"toSQ'00000005 n' - LPR Database Access- SOurce Selection sensitive - Due 12/1S/17 Kb)(6);(b}(7)(C) Please see attached discussion paints for 70CDCR18QOOOOOOOS. Please address all issues and concerns attached. Please respond NLT 3:00 PM EST tomorrow, December 20, 2017. Please note that the terms and conditions of the anticipated contract will not apply to the current CLEAR contract. Please contact me with any questions. Thank you, I1b)(6);(b}(7)(C) Detention, Compliance & Removals (OCR) IContracting Officer DHS I ICE IOffice of Acquisition Management (OAQ) Office : (202) 732- b)(6);( Mobile: (202) 878 ~7)( kb)(6):(b)(7)(C) NOTICE : This communication may contain privileged or otherwise confidential information. If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system. From : Kb)(6);(b)(7}(C) Sent: Monday, December 18, 20175:49 PM ~~; b)(6);(b)(7}(C) r I Subject: Thomson Reuters Response to RFQ 70CDCR1SQ00000005 - LPR Database Access - Source Selection Sensitive - Due 12/ 18/ 17 Importance: High 2018-ICLI -00035 1202 Hi, kb)(6l:(b)(7)(C) On beha lf of ~b)(6); (b)(7}(C) I and the Thomson Reuters (DBA West Publishing Corporation) team, along with our partner, Vigilant Solutions, I am submitting our response to RFQ 70CDCR18QOOOOOOOS, for Access to License Plate Reader Data, To comply with the instruction to provide no pricing information in the Technical Quote, we are submitting separate technical and price quote files, Here is a summary of the attached files comprising ou r quote: • • • • PDF Technica l Response, including individual responses to SOW requirements and our Past Performance information PDF Price Quote, including a copy of the Excel table included with the RFQ, our vendor terms, conditions, assumptions, and requested exceptions for negotiation PDF Signed, including notations about our reps and certs through the SAM site in the corresponding areas of the solicitation document Excel Price File We have aimed to comply wit h the instruct ions and requirements, but welcome any questions that may arise as our information is being evaluated , You may reach me using the contact information that follows this message, and will be availab le tomorrow, Of cou rse, you're well acquainted with how to reach Catherine! Re ards, b)(6);(b ~kbill)(~ 6)~ : (b~)(~7ii' )(C:J)C:::JI CF APMP Senior Proposal and Compliance Coordinator Office of General Counsel Thomson Reuters the answer company Kb)(6l:(b)(7)(C) This year we're supporting charities and communities around the globe through 80,000 volunteer hours! Intrigued? Visit tf-com/cr for more information, This e-mail and anything transmitted with it are for the sole use of the intended recipient and contains information that may be attorney-client privileged andfor confidential. If you are not an intended recipient, please notify the sender by retum e-mail and delete this e-mail and any attachments. 2018-ICLI -00035 1203 From : Sent: To : Cc : Subject: ~b)(6); (b)(7}(C) 22 Dec 2017 21:31:01 +0000 rb)(6);(b}(7)(C) RE: Thomson Reuters signed order Many thanks, ~ Hope you and yours have a wonderful holiday season. From: Kb)(6);(b)(7}(C) Sent: Friday, December 22, 20174:27 PM To: rb)(6);(b)(7}(C) Cc: _ Sub7ject ~~:nRr E:~Tnh~o~m~so ~ n cR~e~ut~e=rS~S"ig~n~ed ~o~rd~e~r~----------" Attached please find the fully executed copy of the award document. Your email below is correct. The Government will re-allocate all funding above i b)(4) I for the first month to (LIN 0002 upon exercise of the first option period . ===::::J ) The total amount for the order if all options are exercised will match your price quote of ~kb~)(~4[ Thank you to all of the parties involved. I hope you have a safe and very happy holiday. Please let us know if you need anything further. Thanks, ~ b-")(,, C 6),,, ; (b-,,)(-, 7X,-,C,-)__---,-:-____---'1 CPPB, CFCM Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732- ~ Mobile: 202-34S-kb)(6l:1 l Email: ~b)(6); (b}(7)(C) I NOTICE: This communication may contain privileged or othenvise confidential information. If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system. From: Kb)(6);(b}(7)(C) Sent: Friday, December 22, 20174:01 PM To: ~b)(6); (b}(7)(C) Cc: ~~--~~~--~~--------------~ t Subject: Thomson Reuters signed order Importance: High 2018-ICLI -00035 1204 Hi, kb)(6);(b)(7}(C) We have attached the signed agreement! Please return a copy of the fully executed order to us, My understanding is that you've purposefully overfunded the base period for budgetary reasons, but expect to be charged only ~b)(4 ) I as quoted, for the Base Period, If that's correct, to enable our finance and order fulfillment teams to process the order correctly, would you please send an email that states that? Thanks, Kb)I'); I APMP i Compliance Coordinator Office of General Counsel Thomson Reuters the answer company Kb)(6);(b)(7}(C) This year we're supporting charities and communities around the globe through 80,000 volunteer hours! Intrigued? Visittr.com/cr for more information. This e-mail and anything transmitted with it are for the sole use of the intended recipient and contains information that may be attorney-client privileged andfor confidential. If you are not an intended recipient, please notify the sender by return e-mail and delete this e-mail and any attachments. 2018-ICLI -00035 1205 Kb)(6);(b)(7}(C) From : Sent: To : Subject: Attachments: Fri, 15 Dec 2017 13:56:58 +0000 Fb)(6);(b)(7}(C) I RE : ICE LPR smime .p7s Perfect, thanks! ................................ ... From : I b)(6);(b)(7}(C) Sent: Friday, December 15, 2017 8:54 AM To: t b)(6):(b)(7)(C) Subject: RE: ICE lPR Fb)(6);(b}(7)( I The QASP was included in the previous document ~ sent you, starting on p. 12. The draft pricing spreadsheet is attached. Thank you, kb)(6):(b)(7)(C) Detention, Compliance & Removals (OCR) IContracting Officer DHS I ICE IOffice of Acquisition Management (OAQ) Office : (202) 732- b)(6); Mobile: (202) 878 b)(7}( kh\(flHh\(7)(Gl NOTICE : This communication may contain privileged or otherwise confidential information . If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system. From : i b\(flHh\(7)(G\ Sent: Friday, December 15, 2017 8:37 AM t ~~; b)(6);(b)(7}(C) I Subject: RE: ICE LPR (removed W b)(6t1 because he's on vacation) Good morning- 2018-ICLI -00035 1206 Can you please send the QASP and pricing forms, if available? Thanks, Kb)(6);(b}(7)(i ....................... . ...... . .... This ema il contains information from Thomson Reuters Special Services. LLC. that may be sensitive and confidential. This message is t o be used solely by the intended recipient. If you are not the intended recipient. then you received this message in error and are requested to delete it (and all copies). You are further requested to neither reproduce nor share the contents of this message with anyone except t he intended recipient and are to notify the sender if this is an erroneous transmission. Your coopera t ion is appreciated. From : ~b)(6); (b}(7)(C) Sent : Thursday, December 14, 2017 7:24 PM To : f ii)(6);(b)(7}(C) Cc : _ SubJL ·e-c':-:-=R::E""' , I:::C::E"Cl::c pR: - - - - - - - - - - - - - - - - - - - - - - - - - - ' Hi Fb}(6);(b}(7)( I Please see the current version ofthe RFQ. As mentioned there may be some tweaks to the final Other than items related to the questions we sent earlier, the only other item being discussed right now is the following paragraph. sow. • License plate pictures taken with the automated Optical Character Recognition (OCR) plate number translation shall be submitted to the LPR data service system for matching with license plates on any current ICE Alert List. Any positive matches shall return to the iOS application (identified below) alerting authorized users of a positive match . These pictures will be uploaded into the data service query by an authorized ICE user along with any mandatory information needed for a normal query. We are discussing whether to remove that requirement from the SOW. Please let us know if you need anything . Thanks b :-:!1 CPPB, CFCM X7,, ,= f ,, )(6,:. );:... (b :,:)(C ...:)-::-_;:-_ _ Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732-kb)(6):1Mobile: 202-34S-K~)\~);1 Email: kb)(6Hb)(7)(C) I NOTICE: This communication may contain privileged or otherwise confidential information. I f you arc not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited . Please inform the sender that you recei ved this message in error and delete the message from your system. 2018-ICLI -00035 1207 From: kb)(6);(b}(7)(C) Sent: Thursday, December 14, 2017 6:40 PM To: Kb)(6);(b}(7)(C) Cc: L SUb?ject~:~R~e~:~IC~E~L~P~R~----~ Just its existence. It ' s not as straightforward as an RFQ response and that causes some consternation. We've done them before, so there's no reason to worry ; it' s just the grumbling of our team. I look forward to recei ving what you can send when you can send it. Kind regards, Q'b)(6l:1b}(71( I .................................... Kb}(6);(b}(7)(C) Client Relationship Manager Thomson Reuters Special Services, LLC M 443 -622- t b)(6);(b)(7Xc) Thi s emai l contains information from Thomson Reuters Special Services, LLC. that may be sensiti ve and confidential. The message is to be used solely by the intended recipient. (fyou are not that recipient, you received thi s message in error and are requested to delete it (and all copies). You are further requested to neither reproduce nor share the contents of this message with anyone except the intended recipient and to notify the sender of the erroneous transmi ssion. Your cooperation is appreciated. ==============JI On Dec 14, 2017, at 16:29, ~Kbil!)(~6);Q;(bil!xTI7)~(CI) wrote: Thanks kb)(6Hb)(7}(C) 1 Anything in particular about the QASP? ,-,l1 CPPB, CFCM b X7_)(C L f _)(6_);_ (b -,_ ),,------,c-____ Detention, Compliance and Removals (OCR) I Unit Chief DHS 1 ICE 1 Office of Acquisition Management (OAQ) Phone: 202-732-kb)(6) IMobile: 202-345kb)(6);(j Email: kb}(6);(b}(7)(C) 1 NOTICE: This communication may cOnlain privileged or othenvise confidential infonnation . If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please infonn the sender that you received this message in error and delete the message from your system. From : kb)(6Hb)(7)(C\ sent: Thursday, December 14, 20176:28 PM f ~~~ b)(6);(b}(7)(C) I Subject: Re: ICE LPR 2018-ICLI-00035 1208 If you ca n send what you've got, we can likel y do a Monday AM return. There's some heartburn around the QASP . . .... .. ............ .. ...... . Kb)(6);(b)(7}(C) .. . . . . .. Cli ent Relationship Manager Thomson Reuters Special Servi ces, LLC M 443 -622 -~Fb~)(6~);~ (b~)(7~XCg);::=~==:::=~~==J Thi s email contains information from Thomson Reuters Special Services, LLC. that may be sensitive and confi denti al. The message is to be used solely by the intended recipient. If you are not that recipi ent, you rece ived thi s message in error and are requested to delete it (and all copi es). You are furth er requested to neither reproduce nor share the content s of thi s message with anyone except the intended rec ipient and to notify the sender of the erroneous transmi ss ion. Your cooperation is appreciated. On Dec 14, 2017, a( 16:25, fLb_)(6_);_(bX_7_)(C_)_ _ _ _ _ _ _ _ _ _ _ _ _--' wrote: Hi eb)(6):(b)(7}(C I How soon could they put a response together? Wed like as soon as possible. Perhaps the latest we could receive it would be Monday AM. We can send the finalish version tonight ifthat would help. Thanks fb)(6);(b)(7Xc) ICPPB, CFCM Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone : 202 -732~ Mobile: 202-345-Kb)(6);1 Email: Kb)(6);(b)(7}(C) I NOTICE: This communication may contain privileged or otherwise confidential infonnation. If you are not an intended recipient or believe you have recei ved this communicalion in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please infonn the sender that you received this message in error and delete the message from your system. From: kb \IRHh\(7)(G\ Sent: Thursday, December 14, 2017 5: 27 PM ~~; b)(6);(b}(7)(C) f I Subject: Re: I CE LPR Hopefull y my voice will have returned by then! 2018-ICLI -00035 1209 I've sent this questions to the product specialist and will provide you with the answers as soon as I've got them. Ifreleased tomorrow, when would you expect a response? (Just want to inform contracts team) Thank you, j(b)(6);1 .. .. .. .... .. ........ .. .. .. .. .. ~b)(6); (b}(7)(C) .. . . . . Client Relationship Manager Thomson Reuters Special Services, LLC X7.::.)(C"');----,.,------;:-_=_ _---'. M 443-622_Ic:b::;. X6"');"' (b "This emai l contains information from Thomson Reuters Special Services, LLC. that may be sensitive and confidential. The message is to be used so le ly by the intended recipient. If you are not that recipient, you received this message in error and are requested to delete it (and all copies). You are further requested to neither reproduce nor share the contents of this message with anyone except the intended recipient and to notify the sender of the erroneous transmission. Your cooperation is appreciated . On Dec 14, 2017, at 15:06, t b)(6);(b)(7XC) ~b}(6); (b}(7)(C) Iwrote : Hi ~b)(6); (b)(7}(C I Barring any setbacks we will send you the rfq tomorrow. Please see the questions below: (1) When ICE users share Alert list data with other ICE users, are they able to pick and choose which records to share, or do they have to share their entire Alert List containing every entry? (2) Who does the vendor specifically notify for de-confliction purposes? For example, if Officer 1 wants to add a license plate number to his Alert list that already appears on Officer 2's list, do both officers get notified, or is it just Officer 1? (3) What does the de-confliction notification actually say? Does it say "this license plate already exists on another user's Alert list" or l b)(6):(b)(7)(C) lalready has this license plate on his/her Alert List." Basically, does it specify which agent/officer already has the alert record? 2018-ICLI-00035 1210 (4 ) Is t he process of "fl agging an Alert list plate for deconfli ction" an a uto mated ca pa bility of t he LP R service, o r is t hat something t hat ICE users have to do ma nua lly? Thanks, • 1 C PPB, CFCM Detenti on, Compliance and Removals (OC R) I Section Chief DHS I ICE I Office of Acqui sition Manage ment (OAQ) Phone: 2 0 2-732 b)(6);1 Mobil e: 2 0 2 - 3 45-l b)(6);1 Email : b)(6);(b)(7}(C) I b)(6);(bX7)(C) NOTI CE: Thi s communication may contain privil eged or otherwise confi denti al in fo rmation. If you are not an intended rec ipient or beli eve you have received thi s communi cati on in error, any review, di ssemination, di stri bution, or copying of thi s message is strictl y prohibited. Please in fo rm the sender that you received thi s message in error and del ete the From: kh\(flHh\I7\(G\ Date: Thursday, Dec 14, 20 17, 4: 34 PM [ b)(6);(b)(7 Xc) Subject: Re: ICE LPR Hi ~b)(6); (b}(7)(C) As ~ en ti oned I' m avail able and ready to answer any questions you may have. Kind regard s Fb)(6);(b)(7}(C I fti \(flHh\I7\(G\ I Cli ent Relationship Manager Thomson Reuters Special Services, LLC M 443 -622 -~Fb", )(6::.);" (b,,, X7-,,)(::.: C)'c-_-,---o-_-=_ _- ' This email contains information from Thomson Reuters Special Services, LLC. that may be sensitive and confi denti al. The message is to be used solely by the intended rec ipient. If you are not that recipi ent, you rece ived thi s message in error and are requested to del ete it (and all copies). You are furth er requested to neither reproduce nor share the contents of thi s message with anyone except the intended rec ipient and to noti fy the 2018-ICLI -00035 1211 sender of the erroneous transmission. Your cooperation is appreciated. On Dec 14, 2017, at 13:04, b)t6);tbX7)tC) b)(6);(b)(7}(C) wrote: Thanks Fb}(6);( I Is there someone we should be working with at TRSS to finali ze thi s while you are away? We expect a few questions that we will need to send to TRSS as a result of this meeting. sFb~ )t6~);~ tb~ )t7~XC~)~__~__~I CPPB , CFCM Detention, Comp li ance and Removal s (OCR) I Section Chief DHS l iCE I Office of Acquisition Management (OAQ) Phone: 202-732-!b)[6);tIMob ile: 202-345-[b)t6);t I Email: ~b)(6); (b}(7)(C) I NOTICE: This communi cation may contain privileged or otherw ise confidential information. If you are not an intended recipient or believe you have received thi s communication in error, any re view, di ssemination, di stribution, or copying of thi s message is strictly prohibited. Please inform the sender that you received thi s message in error and delete the From: ~b)(6); (b}(7)(C) Date: Thursday, Dec 14,20 17, 2:59 PM Ib)t6),tbX7)tC) Subject: RE: ICE LPR Hi ~b)(6 1 -{hl{ Thank you for the update, very much appreciated . I know you are doing all you can. Just an FYI, I'm headi ng out of country tomorrow morning but will have access to emai l and phone if needed . I will 2018-ICLI -00035 1212 be back 12/21. ~kbZ!)(@61:[l(iii "1l7l1 )(C ~}C::::::Jlwili be running point on the response. Thanks again, talk soon . .................................. . kb}(6);(b}(7)(C) Director, Homeland Security & Federal Law Enforcement Programs Thomson Reuters Special Services, LLC M S71.20S.kb)(6):(b)(7)(C) t b)(6);(b)(7}(C) Sent: Thursday, December 14, 2017 2:53 PM [ b)(6)'(b)(7 Xc) Subject: ICE lPR Hi tb)[6);! I We have a ca ll this aftemoon at 4:00pm. I will hopefully be able to provide the way forward after that call. For the current time I do not have any information other than what has already been shared. We hope to be able to send you the final rfq sometime this evening, and to try to award the contract sometime next week. We have made preliminary contact with the office of legislative affairs so we hope that the congressional notification process wi ll go smoothly. We are waiting on the final go ahead from ICE Leadership. If there is anything I can do to speed up the process please let me know. Thanks, tb)(6);(bX7)(C) ICPPB, CFCM Detention, Comp li ance and Removals (OCR) I Section Chief DHS l ICE I Office of Acquisition Management (OAQ) Phone; 202-732-1ib)(6);Q Mob ile; 202-345 ~b)(6); q 2018-ICLI -00035 1213 Email: f b }(6);(b}(7)(C) NOTICE: This communi cation may contain privileged or otherwise confidential information. Tfyou are not an intended recipient or believe you have received this comm unication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the 2018-ICLI-00035 1214 From: Sent: Weinberg, Bill 11 Dec 2017 12:49:36 -0500 To: t )(6);(b}(7)(C) Cc: Subject: RE: LES: TRSS LPR J&A Let's get th is to the M&A front office for awareness as well as CFO/OCR. I understood the PIA was up with the Department for approval and we might have to wait for that . Bill Weinberg Chief Acqu isition Officer US Immigration and Customs Enforcement Sent with BlackBerry Work (www.blackberry.com) From: kb)(6l:(b)(7)(C) Date: Monday, Dec 11 ,2017, 9:50 AM b X b .,--,=-==-=-=-=-=-,-::--,---____---'1Weinbe'g, Bill ¥L"X6-,-);c(b"X7 c -,-)(,-C,-) --------' Lr_)(,.. 6),.. ;(b_ _7)-= (C,, ) Subject: FW : LES : TRSS LPR J&A Good Morn ing, We are happy to route thi s through the normal channels, but I wanted to give you all a chance to look at the direction we were going with the License Plate database award. I have attached our draft j&a and the LES memo submitted by the program office. Please let us know if you have any questions or need any additional information. Thanks, ICPPB, CFCM Detention, Compliance and Removals (OCR) I Section Chief DHS I ICE I Office of Acqu isition Management (OAQ) Phone: 202-732-11!;ill] Mobi le: 202-345-Kb)(6);(b I Email: ~b)(6); (b}(7)(C) I Kb)(6);(b)(7XC) NOTICE: Thi s communication may conta in privileged or otherw ise confidential infonnation. If you are not an intended recipient or believe you have received thi s communication in error, any review, di ssemination, distribution, or copying of thi s message is strictly prohibited. Please inform the sender that you received thi s message in error and delete the From: kh\IflHh\(7)(G\ , Date: Mondai ' Dec 11 ,201 7, 9:42 AM To: kb)(6l(b~7) C) Subjecl: FW : LES: TRSS LPR J&A 2018-ICLI -00035 1215 !~!!!!,I J&A attached. Detention, Compliance & Removals (OCR) IContracting Officer DHS I ICE I Office of Acquisition Management (OAO) Office: (202) 732- b)(6);( Mobile : (202) 878 )(7}(C kh\IRHh\I7\Ir.\ NOTICE: Th is communication may contai n privileged or otherwise confidentia l information. If you are not an intended recipien t or believe you have received this com mu nication in error, any review, d issem inat ion, distribution, or copying of t his message is strictly prohibited . Please inform the sender t hat you received th is message in error and delete t he message from your system. 2018-ICLI -00035 1216 From : Sent: To : Bi ll;Smith, Amber Cc : Subject: Attachments: Kb)(6);(b)(7}(C) 15 Dec 2017 22:45:54 +0000 Rahilly, Lyn M;Johnson, Liz; I~(bij)('ii:6\[j(E b\il: I75j)(~cI ) ==:Jt Price, Corey A;Weinberg, kb)(6l:(b)(7}(C) RE: LP R Synopsis 02.06_70CDCR 18 ROOOOOOO 1.pdf All, The notice has been posted. Thanks to everyone for your help. You can find the FBO link here: b)(7)(E) r Additionally, attached to this email is the final version of the solicitation. Please let us know if you need any additional information. Have a great weekend! f b )(6);(b X7)(C) ICPPB, CFCM Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAO) Phone: 202-73 U b)(6l: I Mobile: 202-345 b)(6);( I \17\1r. Email: ~b)(6); (b)(7}(C) NOTICE: This communicatio n may contain privileged or otherwise confi dential information. If you are not an intended rec ipient or be lieve you have r<.>(:eived this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and de lete the message fro m your system. From: Rahilly, Lyn M Sent: Friday, December 15, 2017 S:32 PM To: Johnson, Liz; kb)(6);(b}(7)(C) IPrice, Corey A; Weinberg, Bill; Kb)(6);(b)(7}(C) ~ Smith, Amber Subject: RE: LPR Synopsis I have to defer to OAQ here. The top 2 paragraphs are ok with me but I don't know what if anything should be in the last (third). Lyn Rahilly Assistant Director for Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: (202) 73 b)(6); Main: (202) 732 b)(7)( Ques tions? Please visit the Information Governance & Privacy Office website at https:Uinsight.ice.dhs.gov/mgt/igp/Pages/inde)(.asp)(. 2018-ICLI -00035 1217 From : Johnson, Liz Sent: Friday, December 15, 2017 5:31 PM To: kb)(6):(b)(7)(C) I Price, Corey A; Rahilly, Lyn M; Weinberg, Bill; Fb)(6);(b}(7)(C) Subject: RE: LPR Synopsis ISmith, Amber Is thi s still be ing revised? Just wou ld like confirmation on final version when posted. Thanks! From: i b)(6Hb)(7)(C) Date: Friday, Dec 15, 20 17,4:47 PM To: Price, Corey A i h)(f)Hh)(7)(G\ · Weinberg, Bill kb)(6):(b)(7)(C) Amber 1(b)(6Hb)(7)(C) I. Johnson, Subject: RE: LPR Synopsis Q I, Rahilly, Lyn M . 1b)(6);(b)(7}(C) ~ I Smith. Li z kb)(6);(b}(7)(C) I don't see any issues of concern with the rest of the langauge From: Price, Corey A Sent: Friday, December 15, 20174:40 PM To: Rahilly, Lyn M; Weinberg, Bill; iikbill)(i 6\~-(b~)(i7Iii!)(c5)C:::::::J1 Smith, Amber; Johnson, Liz Cc: kh)lR)-(h)(~ )(r.) I Subject: RE: LPR Synopsis Apparently our emails crossed. Thanks Lyn From : Rahilly, Lyn M Sent: Friday, December 15, 20174:39 PM To: Weinber Bill · b}(6);(b}(7)(C) Smith, Amber; Johnson, Liz; Price, Corey A Cc: b)(6);(b)(7}(C) Subject: RE: LPR Synopsis Correct as I mentioned, I need OAQ to advise what to write in its place or whether to just delete the last paragraph. I do not have experience with FedBizOps requirements so I cannot answer that question. Lyn Rahilly Assistant Director for Information Governance & Privacy u.s. Immigration & Customs Enforcement Direct: (202) 73 (b)(6);( Main: (202) 732 , )(7}(C Questions? Please visit the Information Governance & Privacy Office website at https:Uinsight.ice.dhs.gov/mgt/igp/Pages/inde)(.asp)(. From: Weinberg, Bill Sent: Friday, December 15, 20174:38 PM To: Rahilly, Lyn M; t(b)(6):(b)(7)(C) I Smith, Amber; Johnson, Liz; Price, Corey A Cc: kb)(6):(b)(7}(C) I Subject: RE: LPR Synopsis 2018-ICLI -00035 1218 The synopsis below says we won't be providing the SOW, so that will have to be modified . Bill Weinberg Chief Acquisition Officer US Immigration and Customs Enforcement Sent with BlackBerry Work (www .blackberry .com ) From: Rahilly, Lyn M 4:~b~)(~ 6)~;(b~)g (7~ XC2.)~=====:J Date: Friday, Dec 15, 20 17,4 :35 PM I ~O~'~kb;}(~61~(~b)~(7~}(C~)~~i~~~~~~~~::~L ~ Johnson, Liz f b)(6):(b)(7}(C) Weinberg, Bill .f(b)(6);(b}(7)(C) Smith , Amber 1 b)(6Hb)(7)(C) kb\(6Hb)(7)(C\ LPri ce, Corey A Ce: kh\IRHh\I7\Ir.\ Subject: RE: LPR Synopsis Yes include SOW. I believe the version below is fine but would like to wait and get OPA concurrence before you proceed. I've added Kb}(6);(b}(7)(C) land liz is already on this chain. Lvn Rahilly Assistant Director for Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: (202) 73 (b)(6); Main: (202) 732- b}(7) Questions? Please visit the Information Governance & Privacy Office website at https:Uinsight.ice.dhs.gov/mgt/igp/Pages/inde)(.asp)(. From:kb)(6)j b)(7)(C) Sent: Friday, December 15, 20174:34 PM To: Weinberg, Bi ll; Rahilly, l yn M; Smith, Amber; Johnson, liz; Price, Corey A Subject: RE: lPR Synopsis The FBO posting is ready. I just need to know the final approved version of the synopsis and whether or not to include the SOW. I am happy to use the version below if that is approved for release. Please let me know. Thanks, 1 b)(6);(b)(7 Xc) ICPPB, CFCM Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Manage ment (OAO) Phone: 202-732- ~ obile : 202-34S-iiillilll Email : kb)(6);(b}(7)(C) I 2018-ICLI -00035 1219 NOTICE: This communication may contain privileged or otherwise confidential infonnation. If you are not an intended recipient or believe you have received this communication in error, any review, dissem ination, distribution , or copying of this message is strictly prohibited. Please inform the sender that you received this message in error and de lete the message from your system. From: Weinberg, Bill Sent: Friday, December 15, 2017 4:21 PM To: Rahi lly, l yn M; « b)(6):(b)(7}(C) Subject: RE: lPR Synopsis I Smith, Amber; Johnson, Liz; Price, Corey A I thought they had opined to post the SOW as the information contained therein has already been publicized. Bill Weinberg Chief Acquisition Officer US Immigration and Customs Enforcement Sent with BlackBerry Work (www .blackbe rry .com ) From: Rahilly, Lyn M 1~bQj)(~ 6);Q : (b~)(i7X !:iiiC~)======J ~ ~~~;~::~:::::::;:;;;;;:~~ b O~'~ib~)(~6~)(~b\~(7~)(~c)~~i~~~~~~Gi~~~~I' I Weinberg, BillSmith, Amber -f Date: Friday, Dec 15,2017,4:18 PM Johnson, liz t b)(6l:1b)(7)(C) t b)(6l:(b}(7)(C) )(6);(b)(7}(C) I Price, Corey A f b)(6Hb)(7}(C) Subject: RE: LPR Synopsis This is the last version I had which we had ERa and the COS review at yesterday's 4pm. They did not have input that I'm aware of. Obviously the last paragraph would have to be changed or deleted as it still refers to the LES SOW. I'm not sure what if anything would take its place. I defer to OAQ on that. " Immigration and Customs Enforcement (ICE) is hereby issuing a combined synopsis/solicit ation to obtain query-based access to a commercially available License Plate Reader (lPR) database, as described in the DHS/ICE Privacy Impact Assessment (P IA) t itled 'Acquisition and Use of License Plate Reader Data from a Commercia l Service', published in March 2015. Prior to use of any commerciallPR database, ICE will issue an update to that PIA describing how the contract resulti ng from this solicitation meets the privacy requirements established in that PIA. ICE is not seeking t o build an lP R database, and will not contribute any data t o a national public or privat e lPR database through this contract. The NA[(s code is 519190. ICE intends to award a firm-fixed price contract for this effort utilizing FAR Part 13 procedures. ICE expects to award a single contract as a result of the solicitation. The RFQ is anticipated to be a sale source procurement. Due to the law enforcement sensitive nature of this requirement, a solicitation will not be made publica liy availab le; however, interest ed offerors may contact ICE with questions or concerns . 2018-ICLI -00035 1220 All responsible interested offerors will be permitted an opportunity to demonstrate their abil ity to provide the required service." Lyn Rahilly Assistant Director for Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: (202) 73 b)(6) Main: (202)732- ;(b)(7 Questions? Please visit th e Information Governance & Privacy Office website at https:Uinsight.ice.dhs.gov/mgt/igp/Pageslindex.aspx. From: Rahilly, Lyn M Sent: Friday, December 15, 20174: 14 PM To: i{!l )(6,):(b )(7}(C) I; Smith, Amber; Johnson, liz; Weinberg, Bi ll Subject: RE: LPR Synopsis BJ - decision was made at yesterday's meeting to include the blurb with the RFQlSOW - it contains important information that needs to be part of the external messaging. The blurb below is not the current language. I'm adding liz to see if she has it. I believe it was last provided to her for comment. Lyn Rahilly Assistant Directo r for Information Governance & Privacy U.s. Immigration & Customs Enforcement Direct: (202)73 (b)(6); Main : (202)732- EW)( Questions? Please visit the Information Governance & Privacy Office website at https:liinsight.ice.dhs.gov/mgt/igp/Pages/index.aspx. From: ij \(6J (b )(7)(C\ Sent: Friday, December 15, 2017 3:58 PM To: Rah illy, Lyn M; Smith, Amber Subject: LPR Synopsis Good Afternoon, I am in the process of drafting the synopsis. Has a decision been made about whether or not to post the RFQ to the FBO site with the synopsis? This will obviously impact the language included in the notice . Proposed language " Im migration and Customs Enforcement (ICE) is hereby issuing a combined synopsis/solicit ation to obtain query based access to a commercially available License Plate Reader (lPR) database. ICE is neither seeking to build nor contribute t o a national public or privat e lPR database. The RFQ is anticipated to be a sale source procurement. ICE intends to award a firm-fixed price contract for this effort uti liz ing FAR Part 13 procedures. ICE expects to award a single contract as a result of the solicitation ." 2018-ICLI -00035 1221 Please let me know your thoughts. Thanks, ---'1 CPPB, CFCM L1b,, )(6c: );,, (bX 7,, )(C -')_ _ _ _ _ cc Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732- b)(6); obi Ie: 202-34S ¥ b)(6);( I Email: b)(6);(b)(7)(C) NOTICE : This comm unication may contain privileged or otherwise confidential informat ion. !fyou are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited . Please inform the sender that you received this message in error and delete the message from your system. 2018-ICLI -00035 1222 REQUEST FOR QUOTATION (THIS IS NOT AN ORDERI 70CDCR18QOOOOOO05 5.0, ISSUED BY r' l. REOUISITlONll'URCHASE REQUESTNO , PAGES ~ 51 RA.TING CERT. FOR NA.T. ClEF. UNDER BDSA REG. 2 ANDIORDMSREG .1 12/15/20 1 7 ICE/Detention Compl i ance I AA~ IS NOT " SM,.O.LLBUSINESS SET " SIDE I 12. D"TE ISSUED 1. REQUESTNO [E] 0 " THISRFO 6. DELIVERYBY (D ON OR BEFORE CLOSE Of BUSINESS (0"",) 12/18/2017 1800 ~ -..red in "'" po-e paralioo 0I1IMI """"iMOoo 01 .... quotation or 10 rontrocl lor > ..... ~ muot be compIotod D)' 1IMI _ D)' """"". My repoe...,t;>tiono and/", "",*"tiono Mtod'>ood to "... -...*1 11. ITEM NO SUPPUESISERVICES (.) (' ) for eader (LPR) Period 000 1 ase of for Quo t e SCHEDULE (1_ aw/tiCabNI _ QUANTITY UNIT to Supplies are 0 1 _ R, 1<1<1 qo.ooI&tiont 1_ ... noI oIIe10 '" q<>o(e. pie . .. so in. T... _ , 000. "'" GQo"I"I"'" ,,,. 00>",,",,*,' to P'>'I .... y COOI$ ES eques t d. ST"TE ! 1. ZIP COOE - 12/22/20 17 - 12/2 1 /20 17 to 09/21/2020 1. 4 01/3 1 /2018 TO LICENSE PLATE SYSTEM (All ICE Us ers) his is a Firm-Fixed Price (FFP) CLIN . ~O CCESS 0317 Produc t /Service Code : Produc t /Service Descriptio n : EB-BASED SUBSCRIPT ION Period 0002 of Performa n ce : pt ion Period 1 - IT AND TE L ECOM- 1 2 /2 1 /2017 02/01/2018 - to 01/31/2018 01/31/2019 12 ~o TO LICENSE PLATE SYSTEM (All ICE Users ) h i s is a Fi rm-Fi x ed Price (FFP) CLIN . CCESS ontin u ed ... a, ~OT'E : A.od U ·· Of OUOTER 10, SIG ~ A.T\JRE Of PERSON A.IJTHORIZEO TO SIGN OUOTA.TION •. NAME Of OUOTER 15, DATE Of OUOTA.TION 16, SIGNER b. STREET ADDRESS b. TE l ~PHONE •. NAME (Type Of pritJ'! ~,~ O.COUNTY d.CITY I •. STA.TE I. ZIPCODE c,TITlEIType Ofprifll) AUTHORIZEO FOR LOCAL REPRODUCTION Prev;ous edrtiofl flOt usable NUMBER STANOARD FORM 18 (REV. 6-95) Prescribed by GSA· fAR (48 CFR) 53.215·1(a) 2018-ICLI -00035 1223 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BE ING CONTINUED 7QCDCR18Q00000005 51 NAME OF Of"FEROR OR CONTRACTOR ITEM NO OUANT ITY UNIT SUPPLIES/SERVICES (AI (CI (BI (01 (Op t ion Line I tem) 02/20/2018 Product/Service Code : 0317 Product/Service Description : IT AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2018 to 01/31/2019 0003 Option Period 2 - 02/01/2019 - 01/31/2020 CCESS TO LICENSE PLATE SYSTEM (All ICE Users ) This is a Firm-Fixed Price (FFP) CLIN . 12 MO (Op t ion Line Ite m) 05/20/2018 Product/Service Code : 0317 Product/Service Description : I T AND TELECOMEB-BASED SUBSCRIPTION Period of Performance : 02/01/2019 to 01/31/2020 0004 Option Period 3 - 02/01/2020 - 09/30/2020 CCESS TO LI CENSE PLATE SYSTEM (All ICE Users ) This is a Firm-Fixed Price (FFP) CLIN . (Op t ion Line I tem) 08/20/2018 Product/Service Code : 0317 Product/Service Des cription : IT AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2020 to 09/30/2020 2018-ICLI -00035 1224 8 MO UNIT PRICE (EI AMOUNT (FI 3 Request for Quote for Access to License Plate Database Contracting Office Address: Immigration and Customs Enforcement Office of Acquisition Management 801 I. St NW, Washington, DC 20536 Description: NAICS Code: 519190 - Al l Other Information Services. This is a combined synopsis/request for quote for commercia l items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and under the authority of FAR 13, as supplemented with additional infoffilution included in this nOlice . The North American Industry Classification System (NA ICS) Code for this procurement is 519190 and is being conducted as sole source procurement. The Immi gration and Custom's Enforcement's (ICE) Enforcement and Removal Operations (ERO) and Homcland Security in vcst igations (I·ISI) is rcqucsting that vendors submit a quote for a firm fixed price contract for access to a license plate reader database as set forth in the attached Statement of Work (SOW). Period of Performance: The anticipatcd period of performance wi ll include a base period of forty·one (41) days, two (2) twelvemonth options periods, and one (I) eight-month option period. Instructions to Offerors/Response Reguirement: Interested contractors must submit information necessary to demonstrate their capabil ities to support the ICE requirements including perfornlance requirements, functional requirement, alert list capabilities, mobile device capabi lities, audit and reporting capabi lities, as specified in the attached Statement of Work. Offerors shall return the complete quotation package, in electronic formal. Electronic copies can be sent to f h\;R\-lh\I7\Ir.\ · . " . t at kbi&1(b}(7l(C) ' I Facsimile and hard copy quotes are not permitted and will be disregarded if recei ved. 0 •• All electronic files should be labeled with the Offeror's name, quotation number, submission date and the words "Source Selection Sensitive" and " Law Enforcement Sens itive". Proprietary information sha ll be clearly marked. a. Format. The submission sha ll be clearly indexed and logically assembled. Each section shall be appropriately numbered and clearly identified with the date and quotation number in the header and/or footer and shall begin at the top of each page. NOTE: Please submit a signed and dated cover letter with your quote addressed to Mr. Wi lliam Quigley with your company's contact information. A Table of Contents should be included. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies to all sections. Times New Roman fonts is suggested. b. File Packaging. Written quotes shall be submitted in one volume with three (3) sections, as outlined below. Use tab indexing suffic ient to identify all sections within a particular quote section. The Offeror is required to provide the quote via email to 2018-1CLl-00035 1225 4 ~kb1l)(~6)M:(~bx1l7li)(C~)C====;::~::;=========;:II The Offeror should submit Attachment 4 in Microsoft Excel, with viewable calculations. The follow ing shall be included in the Narrati ve di scuss ion: SECTION I TECHNICAL APPROACH: The offeror must submit in format ion to demonstrate thaI the Offeror' s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the Request for Quote and whether the Offeror's methods and approach to meeting the SOW requirements provide the Govemment with a high level of confidence of successful completion. No pricing information is to be provided in the Technical Quote. Technical Database Information Submittal. The vendor shall provide a description of its electroni c infonnation retrieval services that addresses: • • • • • • Compliance with the SOW Number of current records Abil ity to collect new records Identifi cation of states or metropolitan areas where signi fi ca nt records are provided Abil ity to add and/or delete subscribers Return time on query Quality Control Plan. The Offeror's Quality Control Plan (QC P) should describe the methods it wi ll use to review its performance to ensure it conforms to the performance requirements. The Offeror' s QCP should include methods that ensure and demonstrate its compliance with the performance requirements and the QASP di scussed in Attachment 2. SECTION 11- PAST PERFORMANCE: The contractor shall provide a list of contracts or orders for the purpose of past perfornlance evaluation. The contractor may also provide other fornls of documentation which provide infonnati on on the company's past performance. Valid past perfonnance is evi dence of similar work accomplished within the past three years. SECTION 111- PRICE. The offeror shall complete Attachment 4, with pricing for the base and each option period for each Contract Line Item (CLlN). A Firm Fixed Price Quote and a written technical quole must be submitted by December 18, 2017 by 6:00 PM EST (1800) via email to Fb)(6);(b)(7}(C) Iand Kb}(6);(b}(7)(C) I Quotes must include the company's name, point of contact, address, area code and telephone number and (mandatory) DUNS number. All quotes received without va li d DUNS number (those not registered in the System for Award Management (SAM) www.sam.gov), wi ll be considered ineligible. Issue of the contract will be made to the contractor that offers the best va lue to the Government, cons idering price, past performance, and technical in accordance with FAR 13.106. The Government wi ll award a contract resu lting from this solicitation to the responsible offeror whose offer confirming to the solicitati on will be most advantageous to the Government, price, and other factors considered. The criteria for evaluation arc as follows: I. Technical Capability 2. Past Perfonnance 3. Price. 2018-ICLI -00035 1226 5 The above listed evaluation factors are listed in descending order of importance . Technical and past performance, when combined, is significantly more important than price. Instruction s: FAR 52.212-\ "Instructions to Offerors - Commerc ial" applies to thi s acquisition. Offerors are to include a copy of FAR provision 52.212-3 "Offeror Representations and Certifications Commerc ial Items" with their response. The fo llowing FAR clauses also apply: 52.2124 "Contract Terms and Conditions - Com mercial Items" and 52.212-5 "Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commerc ial Items", with the clauses cited further in this synopsis as being applicable. The aforementioned provisions and clauses can be accessed electronically at http ://acquisition.gov/comp/far/index.html. Prospective sources are reminded that award can only be made to a contractor who is registered in the System for Award Management (SAM) (www.sam.gov) database with an active Dun & Bradstreet Number. Attachments: Attachment I: Statement of Work (SOW) Attachment 2: Quality Assurance Surveillance Plan Attachment 3: Tcrms and Conditions Attachment 4: Price 2018-ICLI -00035 1227 6 Statement of Work Access to License Plate Reader Commercial Data Service C.I. lNTRODUCTION AND BACKGRO UND. The intent of this Statement of Work (SOW) is to describe ICE's operational requirements to obtain querybased access to a commercially avai lable License Plate Reader (LPR) database to support its cri minal and immigration law enforcement missions. A commercial LPR database stores recorded vehicle license plate numbers from cameras eq uipped with license plate reader technology. Records arc uploaded into the system from a variety of governmental and private sources including, but not limited to, access control systems such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. Licenses to access the commercial database are sold to commercial consumers as well as to law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database. ICE wi ll use LPR information obtained in response to queries of the commercial database to further its criminal law enforc ement and civi l immigration enforcement missions. ICE immigration enforcement personnel will query the LPR database using known license plate numbers associated with subjects of their immigration enforcement activities, to determine where and when the vehicle has traveled withi n a specified period of time. The results of the queries will assist in identifyi ng the location of aliens to further ICE's immigration enforcement mission. ICE will also use LPR infonnation obtained from the commercial database to furthe r its criminal law enforcement mission, which includes investigations relatcd to national sccurity, illegal arms exports, financial crimes, commercial fraud, human trafficking, narcotics smuggl ing, ch ild pornography, and immigrat ion fraud. For example, use of LPR data in this context could he lp to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal activity, such as smuggling. Use of this data is expected to enhance officer and publ ic safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g. , away from a subject's residence if there are suspected to be chi ldren or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially available, query-based LPR database for ICE law enforcement personncl at ICE offices across the United States in the execution of their official law enforcement duties. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performance Requirements The vendor provides: Data Service ContentJScope • The LPR data service shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substant ial unique LPR detection records. • The LPR data service shall compile LPR from at least 25 states and 24 of the top 30 most populous metropolitan statistical areas to the extent authorized bv law in those locations. o A metropol itan statistical area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office 2018-ICLI-00035 1228 7 of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies fo r statistical purposes. • The LPR data service provider shall demonstrate the number of new unique records that were added to the commercially available LPR database each month for the last consecut ive twelve (12) months. • The LPR data service shall make avai lable at IcaslJO million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing similar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing simi lar services 10 other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instructions and guidance to fac ilitate usc of system. • The abil ity to compare new user requests with lists of personnel authorized by ICE to usc the vendor system. • Automatic verification of accounts with the ability to audit by using the user's Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or indirectly by the National Law Enforcement Telecommunication System (N LETS). • The ability to add new users or delete existing users within 24 business hours of ICE's request. • Ini tial trai ning to orient personnel to the use of their system, including " Help Desk" support related to the use, access, and maintenance of the system. • System training and "Esca lation Procedures" for agency manager and shall include procedures for resetting passwords. • Unlimited technical support to each user. • Periodic or as needed updates to the web interface and mobile application. The vendor will employ appropriate technical, administrative, and physical security controls 10 proteellhe integrity, availability, and confidenlialily of lhe data resident in its system. Functional Requirements Query Capabilities • Before a user is able to perform a query from the main system or mobile appl ication, the system must display upon logon a splash screen that describes the agency's pennissible uses of the system and data, and requires the user to affirmatively consent to these rules before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be avai lable 10 Ihe users via a hyperlink within the main system interface (including any mobile app interface). o The agency wi ll provide the language for the splash screen content. • All queries of the LPR data service shall be based on a license platc numbcr queried by the user only, and Ihe data returned in responsc must be limited 10 matchcs of that license platc number only within the specified pcriod of time. 2018-ICLI-00035 1229 8 • The system will not permit user queries of the data service unless a license plate number is entered. A query can only be conducted by entering a license plate number. • The query interface will incl ude a drop-down field fo r users to select a reason code for the query from a pre-populated list. The specific reason codes wil l be provided by ICE. This field is mandatory for conducting a query. • The query interface wi ll require a user 10 identify whether the user is entering data for him or herself or fo r another individual. If the user is entering data for another individual, the query interface will require the user to enter the name of the other individual. • The query interface must include a free- text field of at least 255 characters for user notes. This will allow for additional information that will assist ICE in refcrencing the specific case for which the query was performed. Completing this field shall be mandatory for conducting a query. • The system will have the capability to limit the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface wi ll have a field for the user to select or input the appropriate timeframe fo r the query. o The system will display results only for LPR detecti on records within that timeframe (e.g. , only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets, with a margin of error not more than 2%. • To ensure accuracy of information, the response to a query must include at least two photos on all hits. o Photos must be of sufficient quality to allow the user to visually confirm the license plate and vehicle make/model in the photo arc the same as what is represented in the vendor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two different map views, nearest address, nearest intersection, date and time the license plate was capturcd, GPS coordinates, and source of the record. o The vendor shall provide a notification mechan ism in the event ICE users identify photographs that do not match the data in their system (license plate numbers or make/model mismatches). The vendor shall address all erroneous data. The vendor shal l notify ICE and thc ICE uscr of any inputtcd erroneous data and keep ICE and ICE users informed of corrections to erroneous data. • The vendor will not use any information provided by the agency (query data) for its own purposes or provide access or d iselose such information to other customers, business partners, or any other individual or entity. • The vendor will not use ICE' s queries (the license plate numbers input into the system) for its commercial purposes. The vendor will only usc the queries submitted by ICE to maintain an audit log. Alert List Capabilities • The LPR data service shall provide an "Alert List" feature that wi ll allow ICE users to save license plate numbers so they wi ll be automatically queried agai nst new records loaded into the vendor's LPR database on an on-going basis. Any matches wi ll result in a ncar real-ti me notification to the user. 2018-ICLI-00035 1230 9 • The LPR data service Alert List wi ll provide capabil ities to share Alert List notifications between ICE users involved in the investigation. • The Alert List feature wi ll: I) Automatically match new incoming detection records to user-uploaded orentered Alert Li sts containing the license plate numbers of interest in the investigation; 2) Send an email notification to the user originating such Alert List records and to any ICE user that has been shared the Alert List indicating there is a license plate match to new records in the system; and 3) Provide within the LP R system for download a PDF case fi le report for the match (wi th maps, vehicle images, and all pertinent detection & Alert List record informat ion) for eac h email alert notification . The notification must be able to be limi ted to the user or a user group of ICE law cnforcement officers involved in the specific investigation. The notification will comply with all applicable laws, including the Driver's Privacy Protection Act of 1994, 18 U.s.c. §§ 2721 -2725. • The LPR data service wi ll allow specifica lly designated users to batch upload a maximum of 2,500 license plate records into the "Alert List". The batch upload will be in the form of a single comma separated variable (CSV) fi le with data fields to include, but not limited to the fo llowing: Plate number; State of Registration; Vehicle Year, Make, Model & Color; reason code and an open text field, of at least 255 characters, fo r a user note to assist in referencing the specific purpose / investigation / operation for which the query was performed. • • The Alert List func tion wi ll include an automated capability that flag s license plates for de-confliction. License plate pictures taken with the automated Optical Character Recognition (OCR) plate number translation shall be submitted to the LPR data service system for matching with license plates on any eurrent ICE Alert List. Any positive matches shall return to the iOS appl ication (identified below) alerting authorized users of a positive match. These pictures will be uploaded into the data service query by an authorized ICE user along with any mandatory information needed fo r a norma l query. The pictures will be retained in the vendor's system for audit purposes only and wi ll not be otherwise accessible or usable for search purposes. • Each license plate number on an Alert List wi ll be valid for one year unless the user removes it before expiration. The system wi ll prompt users two weeks prior to expiration and require the user to affirmatively indicate that there eontinues to be an operational requirement to keep the particular license plate entry on the Alert List active, or be given the option to delete the license plate from the Alert List. Prompts should continue periodically until the expiration date is reached. The system will grant the user an additional week after expirat ion to renew the entry in the Alert List. If the user does not renew, the system shal l remove the license plate number from the Alert List. • All Alert List activity shall be audited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall not retain any data entered onto an Alert Li st except as part of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert List. Mobile Device Capabilities • The LPR data service shall feature an iOS-compalible mobile appl icat ion that allows authorized ICE users to: o Query the LPR data service by entering the license plate number, state of registrat ion, reason code, and the ability to add returned positive matches into the Alert List. 2018-ICLI -00035 1231 10 • o Have quick access and recall of any queries and Alert Lists associated with the user or designated user group. The vendor application wi ll delete any saved dala on the mobi le device after 60 days, ifno! already deleted manually by the user. o Provide capabilities to share Alert List notifications between ICE users involved in the investigation. The mobile application will conform to all other performance, privacy, and functional requirements identified in the SOW. The vendor shall coordinate with ICE 10 make sure that the mobile application undergoes the required privacy assessment prior to usc. Audit alld Reporting Capabilities • The vendor shall generate an immutable audit log in electronic fo rm that chronicles the fo llowing data: o Identity of the user initiating the query or the person on whose behalf the query is initiated, if diffe rent; o Exact query entered, to include license plate number, date limitations, geographic limitations (if applicable), reason code, and any other data sclected or input by the uscr; o Date and time of query; and o Rcsults of the query. • All Alert List activity shall be audited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall provide to ICE user audit reports on a quarterly basis and upon request. Audit reports shall contain the audit log information of a given user(s) for the specified period of time. The vendor shall provide the audit log in electronic form via secure transmission to ICE promptly upon request. The format of the audit log shall allow for ICE to retrieve user activity by user name (or 10), query entered (e.g., particular license plate) and date/time. The exact technical requirements and format for the audit log will be negotiated after contract award. • The vendor sha ll promptly cooperate with an ICE request to retrieve and provide a copy of the actual records rctrieved from the LPR data service in response to a particular qucry, or any other data rclevant to user activity on the vendor systcm, for purposes of the agency's intcrnal investigations and ovcrsight. • The vendor shall not use audit trai l data for any purpose other than those specified and authorized in th is contract. • The vendor is to provide quarterly, or upon request, statistics based on positive hits against the number of requested searches and hit list. • The audit logs specified in this statement of work are records under the Federal Records Act. The vendor shall mai ntain these records on behalf of ICE throughout the life of the contract, but for no more than seven (7) years. The vendor is not authorized to share these records, or the Alert List data, with any outside enti ties including other law enforcement agencies. At the end of the contract, the vendor shall extract, transfer, and load these records (including any still-active Alert List data, if requested by ICE) to another storage medium or location specified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After successful transfer of these records, the vendor shall ensure all copies of the records (including any stil l-active Alert List data) are securely deleted from all networks and storage media under its control or under the control of any of its agents or subcontractors. The vendor shall meet the following Key Performance Parameters (KPPs): 2018-ICLI-00035 1232 11 1\1ctnc LPR Data Service l illit of Measure l\1immum Uptime - Unit of measure 100% > 99.0 Operating Schedu le 24/7/365 Schedu led downtime 99.0 Operating Schedule 24171365 Scheduled downtime 99.0% Validated User/Customer Complaints 100% Inspection Withholding C riteria to Monthlv Payment - 20% withholding for the fi rst hour (or any part thereot) in excess of the 4 hour limitation . - 0.5% withholding for each hour thereafter unti l the data service is operable. The withholding shall be determined by prorating the number of days deficient within the particular billing month. Performance Requi rement Paragraph Performance Standard Overall Support Service 4.4 4.10 Support Availability Results of LPR Query 4.5.3 4.6.2 Length of time fo r Results of LPR query to appear after being entered in the end-user computing device Performance Level Surveillance Method Support Service must be available 2417/365 >99% Monitored monthly during the Transition In period. Contractor sel fmonitoring and Validated User/Customer Complaints 100% Inspection Less than 5 seconds after submission 95% Monitored monthly during the life of the contract Contractor Selfmonitoring and Validated User/Customer Complaints 100% Inspection Performance Indicator 2018-ICLI-00035 1236 Withholding C riteria to Monthl" Payment -98% / 93% / 88% compliance will result in 2% / 5% I 10% withhold ing from the invoice(s) of the facilities involved. The withholding sha ll be determined by prorating the number of days deficient within the particular billing month. -93% / 88% / 83% compliance will resu lt in 2% / 5% / 10% withholding on the total volume of reports for the facility. The withholding shall be determined by prorating the number of days deficient within the particular billing month. 4. METHODS OF QUALITY ASS URANCE (QA) SURYE ILLANCE Regardless of the surveil lance method, the COR shall always contact the Contractor's task manager or onsite representati ve when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the CO, shall be responsible for monitoring the Contractor' s performance in meeting a specific performance standardlAQL. Various methods exist to monitor performance. The COR wil l use the surveillance methods listed below in the administration of thi s QASP. a. PER IODIC INSPECTION • Schedul ed quarterly inspection of audit logs or as required b. V AUDATED USER/CUSTOMER COM PLAIN TS The Contractor is expected to establ ish and maintain professional communication between its employees and customers. The primary objective of thi s communication is customer satisfaction. Customer sati sfaction is the most significant external indi cator of the success and effectiveness of all services provided and can be measured through customer complaints. Perfonnanc e management drives the Contractor to be customer focused through initially and internal ly addressing customer complaints and invest igating the issues and/or problems but the customer always has the option of commun icating complaints to the COR, as opposed to the Contractor. Customer complaints, to be considered va lid, must be set forth clearly and in writing the detailed nature of the compla int, must be signed, and must be forwarded to the COR. Customer fee dback may also be obtained either from the resu lts of customer satisfaction surveys or from random customer complaints. • • • Review of identifi ed defic iencies and or complaints made by users of the services Investigate and validate Review of notification of report d iscrepancies c. 100% INSPECTION • • • • Review of LPR Data Service uptime Review of Scheduled Downtime Review Meantime Between Fail ure (MTB F) Review Overall Support Service Availab ili ty d. Analysis of Contractor's progress report . The Contractor is req uired to provide a weekly progress report that will be used to communicate the Contractor's status in the Transition phase. e. Performance reporting. Survei llance results will be used as the basis for actions aga inst the Contractor Past Performance Report. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO's actions. 2018-ICLI -00035 1237 5. DOCUMENTI NG PERFORMANCE Documentation must be accurate and thorough. Completeness, currency, and accuracy support both sati sfactory and unsatisfactory perfonnancc a. ACCEPTABLE PERFORMANCE The Government shall document positive performance. All positive performance should be documented by an email to the COR describing the outstanding perfonnance and why it is of value to the Government. This information shall become a part of the supporting documentation for the Contractor Performance Assessment Reporting System (CPARS) and the QASP b. UNACCEPTABLE PERFORMANCE When unacceptable pcrfonnancc occurs, the COR shall infonn the Contractor. This will be in writing unless circumstances necessitate verbal communication. in any case the COR shall document the discussion and place it in the COR file. When the COR determines formal wri tten communication is required, the COR shall prepare a Contract Di screpancy Report (CDR), and present it to the Contractor's representati ve. A CDR template is attached to thi s QASP. The Contractor wi ll acknowledge recei pt of the CDR in writing. The CD R will spec ify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable perfomlance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to prese nt th is corrective action plan to the COR. The Government shall review the Contractor's correctivc action plan to dctenninc acceptabil ity. Any CDRs will become a part of the supporting documentation for Past Performance. 6. FREQUENCY OF MEASUREMENT Wh ile the Contractor is fully expcctcd to comply with all rcquircments in the PWS, the Government's assessment of Contractor performance will focus mainly on the objectives listed in the AQL column of the Performance Standards Summary Matrix. The COR wi ll monitor the Contractor's performance to ensure it meets the standards of the contract. Unacceptable perfonnance may result in the Contracting Officer taking any of the fo llowing actions: Require the Contractor to take necessary action to ensure that future perfonnance confonns to contract requirements, reduce the contract price to reflect the reduced value of the services, issue a Contract Discrepancy Report, or require the Contractor to re-perfonn the service. In addition, the Contractor 's performance will be recorded annually in the Contractor Perfonnance Assessment Report (CPAR). Signature - Contracting Officer's Representative Signature - Contracting Officer 2018-ICLI -00035 1238 ATrACHMENT 3: TE RMS AND CON DI T IONS CUSTOM CO ADDED TERM S AN D CON DITIONS In the case ofa conflic t between the terms and conditions of the contractor's agreement and the terms and cond itions of this purchase order, all appl icable federa l statutes and regulations shall govern. 52.204-21 BASI C SAFEGUARDING OF COVE RED CONTRACTOR INFORMATION SYSTEM (JUN 2016) (a) Definitions. As used in this clause"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract informat ion. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or del iver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. " Information" means any commun ication or representation of knowledge such as fac ts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Securi ty Systems Instruction (CNSSI) 4009). " Information system" means a discrete set of information resources organized fo r the col lection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or control s that are prescri bed to protect info rmation systems. (b) Safeguarding requirements and procedures. (\) The Contractor shall apply the following basic safeguarding rcquircments and procedures to protect covered contractor infonnat ion systems. Requiremcnts and procedures fo r basic safeguarding of covered contractor informatio n systcms shall include, at a minimum, the following security controls: (i) Limit informa tion system access to authorized users, processes acting on bchalf of authorized users, or devices (including other information systems). (ii) Limit infonnation system access to the types of transact ions and funct ions that authorized users are pennilled (0 execute. (ii i) Verify and control/limit connections to and use of external informat ion systems. (iv) Control infonnation posted or processed on publ icly accessible information systems. (v) Identify information system users, processes acting on behal f of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowi ng access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Infonnation before d isposal or release for reuse. (viii) Limit physical access to organizational infonnation systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases arc available. 2018-ICLI-00035 1239 (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguardi ng requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including th is paragraph (c), in subcontracts under this contract (including subcontracts fo r the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its info rmation system. 52.209-07 INFORMATION REGARDING RESPONS IBILITY MATTERS (JUL 2013) (a) Defi nitions. As used in this provision. "Admini strative proceeding" means a no n-judicial process that is adjudicatory in nature in order to make a detem1ination of fault or liabi lity (e.g., Securities and Exchange Commission Administrative Proceedings, Civi lian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State leve l but only in connection with performance of a Federal contract or grant. It does not include agency actions suc h as contract audits, site visits, corrective plans, or inspection of deliverables. " Fcderal contracts and grants with total value greater than $ 10,000,000" means. (I) The total value of al l current, active contracts and grants, including all priced options; and (2) (2) Thc total value ofa l! currcnt, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). " Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibi lities within a business ent ity (e.g., general manager; plant manager; head ofa division or business segment; and similar positions). (b) The offeror [1 has [ ] does not have current active Federal contracts and grants with total value greater than S I 0,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (F APII S) is current, accurate, and comp lete as of the date of submission of this offer with regard to the fo llowing information: (1) Whether the offeror, and/or any of its principals, has o r has not, within the last fi ve years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a fi nding of fault and liabil ity that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more. (ii i) In an administrative proceeding, a findi ng of fault and liabi lity that rcsu lts in. (A) The payment of a monetary fine or penalty of$5 ,000 or more; or (B) The payment ofa reimbursemcnt, rcstitution, or damages in exccss ofS 100,000. (iv) In a criminal, civil, or administrative procecd ing, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor ifthc proeecding could have led to any of the outcomes specified in paragraphs (c)( I lei), (c)( I )(ii), or (c)( I )(iii) of this provision. 2018-ICLI-00035 1240 (2) [fthe offeror has been involved in the last five years in any of the occurrences listed in (c)(I) of this provision, whether the offeror has provided the requested infonnation with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)( I)(i) through (c)(I)(iv) of this provision in FAPllS as required through maintaining an active registration in the System for Award Management database via https:llwww.acquisi tion.gov(see52.204-7). S2.212-IINSTRUCTIONS TO OFFERORS. COMMERCIAL IT EMS (J AN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisi tion appear in Block [0 of the sol icitation cover sheet (Sf. [449). However, the small business size standard for a concern which submi ts an offer in its own name, but which proposes to furnish an item which it did not itse[fmanufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF [449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show. ([) The sol icitation number; (2) The time specified in the solicitation fo r receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A tcchnical dcscription ofthc itcms bci ng offcrcd in sufficient detail 10 cva[uatc comp[iancc with thc requircments in thc solicitation. This may include productl itcrature, or other documents, if necessary; (5) Tern1s of any express warranty; (6) Price and any discount terms; (7) " Rcmit to" address, if different than mai ling address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete e lectronically); (9) Acknowledgment ofSo[ici tation Amendments; ([ 0) Past performance information, when included as an evaluation fac tor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (II) Irthe offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the tenns and conditions of the sol icitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer finn for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the sol icitation. (d) Product samples. When required by the sol icitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in Ihis solicitation, these samples shall be submitted at no 2018-ICLI-00035 1241 expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward test ing. (e) Multiple offers. Offerors are encouraged to submit mUltiple offers presenting alternative terms and condit ions, including alternative line items (provided that the alternat ive line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitat ion. Each offer submitted will be evaluated separately. (t) Late submissions, modifications, revisions, and withdrawals of offers. (I) Offerors arc responsible for submining offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time speci fi ed in the sol icitation. lfno time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and. (A) lfit was transmitted through an cleetronic commerce method authorized by the sol icitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (8) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this sol icitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to estab lish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, othcr documentary evidence ofreceipt maintai ned by the installation, or oral testimony or statements of Government personnel. (4) If an cmergeney or unanticipated event intelTUpts normal Govcrnment processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the so licitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the firs t work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral so licitations may be withdrawn orally. If the sol icitation authorizes facs imile offers, offers may be withdrawn via facsimile received at any time before the exact time set fo r receipt of offers, subject to the conditions specified in the sol icitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is establ ished and the person signs a receipt for the offer. (g) Contract award (not applicable to Invi tation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct di scussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such 2018-ICLI-00035 1242 action is in the public interest; accept other than the lowest offer; and waive informali ties and minor irregularit ies in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qual ifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right 10 make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availabi lity of requirements documents cited in the sol icitation. (I)(i) Thc GSA Indcx of Fcderal Spccifieations, Standards and Commercialltcm Descriptions, FPMR Part 101-29, and copics of spccifications, standards, and commcrcial itcm descriptions cited in this solicitation may be obtaincd for a fee by submitting a request to. GSA Fcderal Supply Scrvicc Spccifieations Sect ion Suitc 8100 470 East L' Enfant Plaza, SW Washington, DC 20407 Telephonc (202) 619-8925 Facsimile (202) 6 19-8978. (ii) Ifthc Gcncral Serviccs Administration, Dcpartmcnt of Agriculturc, or Departmcnt ofYctcrans Affairs issucd this sol icitation, a single copy of spccifieations, standards, and commercial item descri ptions citcd in this solicitat ion may be obtaincd free of charge by submitting a request to the addressec in paragraph (i)(1 lei) of this provision. Additional copies will bc issucd fo r a fcc. (2) Most unclassified Defense specifications and standards may be downloadcd from the fo llowing ASSIST wcbsites: (i) ASSIST (https:llassist.dla.mil/online/startJ). (ii) Quick Search (http;llguieksearch.dla.mi ID. (ii i) ASS1STdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by. (i) Using the ASSIST Shopping Wizard (https:llassist.dla.millwizardlindex.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (ii i) Ordering from DoDSSP, Building 4, Section 0 , 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their prcparation, publication, or mai ntenance. U) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of$3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" 2018-ICLI-00035 1243 followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (E FT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying al ternative EFT accounts (see subpart 32 . 11) for the same entity. If the Offeror does not have a un ique enti ty identifier, it should contact the enti ty designated at www.sam.gov fo r unique entity identifier establishment directl y to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the enti ty designated at www.sam.gov for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, duri ng performance and through final payment of any contract resulting from this sol icitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracti ng Officer wi ll proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through hllps://www.acquisition.gov. (I) Debriefin g. If a post-award debriefing is given to requesting offerors, the Government shall diselose the following information, if applicable: (I) The agency's evaluation of the significant weak or deficient fac tors in the debriefed offeror' s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commcrcial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable respo nses to relevant quest ions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, appl icable regulations, and other applicable authorities were fo llowed by the agency. (End of provision) S2.212-2EVAL.. UA TION. COMMERCIAL.. ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: I. Technical Approach II. Past Perfonnance II I. Price Technical and past performance , when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option 2018-ICLI-00035 1244 prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A writtcn noticc of award or acceptance of an offer, mailed or otherwise furnishcd to the succcssful offcror within the time for acceptance specified in the offer, shall result in a binding contract without fu rther action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 (NOV 2017) OFFEROR REPRESENTATIONS AND CERTIFICATIONS. COMMERCIAL ITEMS The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electron ically via the System fo r Award Management (SAM) website located at https:llwww.sam.gov/portal. If the Offcror has not completed the annual represcntations and ccrtificatio ns electronically, thc Offeror shall completc only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision. "Econom ically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which arc controlled by, onc or morc womcn who arc citizcns ofthc Unitcd Statcs and who arc economically disadvantaged in accordance with 13 CFR part 127. It automatically quali fies as a women-owned small business eligible under the WOSB Program. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or morc cntitics that control an immcdiate owner of tile offeror. No entity owns or exercises control of the highest level owner. " Immediate owner" means an entity, other than the offeror, that has di rect control of the offeror. Indicators of control include, but are not limited to, one or more of the fo llowing: ownership or interlock ing management, idcntity of intcrests among family mcmbers, shared fac ilitics and cquipment, and the common usc of cmployees. " Inverted domestic corporation", means a fore ign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(bl, appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except. (I) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Ani mals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Gradcs of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricul tural and Forestry Products; (8) PSC 96 10, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. " Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the fi nished product that is to be provided to the Government. If a product is disassembled and reassembled, the place ofreasscmbly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mi neral extraction activities, o il-related activities, or the production of mi litary equipment, as those terms are defined in the Sudan Accountability and Divestment Act of2007 (Pub. L. 110-174). Restricted business operations 2018-ICLI -00035 1245 do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Di vestment Act of2007) conducting the business can demonstrate. (\) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Arc conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providi ng goods or services to marginalized populations of Sudan; (4) Consist of providi ng goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education ; or (6) Have been voluntarily suspended. "'Sensitive technology". (\) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically. (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Docs not include information or inforn1ational materials the export of which the President docs not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 V.S.C. l702(b)(3». "Service-disabled veteran-owned small business concern". (\) Means a small business concern. (i) Not less than 5 1 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 5 1 percent of the stock of which is owned by one or more servicedisabled veterans; and (ii) The management and dai ly business operations of which are controlled by one or more service-disabled veterans or, in the case ofa service-disabled veteran with permanent and severe disabi lity, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 V.S.c. 101(2), with a disability that is servieeconnected, as defined in 38 V.S.c. 101( 16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the ficld of operation in which il is bidding on Government contracts, and qualificd as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that. (\) [s at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by. (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exc lusions set forth at 13 CFR 124. 104(c)(2); and (2) The management and dai ly business operations of which arc controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (I lei) and (ii) of this defin ition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned. (1) Directly by a parent corporation; or (2) Through anothcr subsidiary ofa parent corporation. "Veteran-owned sma ll business concern" means a small business concern. 2018-ICLI-00035 1246 (i) Not less than 5i percent of which is owned by one or more veterans (as defined at 38 U.S.c. iO 1(2» or, in the case of any publicly owned business, not less than 5i percent of the stock of which is owned by one or more veterans; and (2) The management and daiiy business operations of which arc controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that oniy changes its name. The extent of the responsibility of the successor fo r the iiabii ities of the predecessor may vary, depending on State iaw and specific circumstances. "Women-owned business concern" means a concern which is at least 5i percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small busi ness concern" means a small business concern. (i) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern el igible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(I) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically changc the rcpresentations and cert ifications posted on the SAM website. (2) The offeror has completed the annual representat ions and certifications electronically via the SAM website accessed through http://www.acquisition.gov.AfterreviewingtheSAM database information, the offeror verifies by submission of this offcr that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications.Commerciall!ems, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NA ICS code referenced for this solici tation), as of the date of thi s offer and are incorporated in this offer by rcfcrence (sec FAR 4.120 1), except for paragraphs _ _ _ _ _---, (Offeror to identify the appl icable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of th is solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accuratc, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be perfornled in the United States or its outlying areas. Check all that apply. (i) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (e)(l) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disab led veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only irthe offeror represented itsc1fas a sma ll busi ness concern in paragraph (c)(I) of this provision.] The offeror represents, that it 0 is, 0 is not a small disadvantaged business concern as defined in 13 CF R J 24.1002. 2018-ICLI-00035 1247 (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(I) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. (6) WOSB conccrn eligible under thc WOSB Program. [Complete only ifthc offcror rcprescntcd itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represenls that. (i) It 0 iS,D is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its el igibility; and (ii) It 0 is, 0 is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of thi s provision is accurate for each WOSB concern eli gible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern el igible under the WOSB Program and other small busi nesses that are participating in the joint venture: .] Each WOSB concern el igible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itse lf as a WOSB concern e ligible under the WOSB Program in (c)(6) of this provision.] The offcror rcpresents that. (i) It 0 is, 0 is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibi lity; and (ii) It 0 is, 0 is not ajoint venture that complies with the requirements of 13 CFR part 127, and the rcpresentation in paragraph (c)(7)(i) of this provision is aecurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that .] Each EDWOSB concern participating in the joint venture shall are participating in the joint venture: submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expectcd to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete on ly if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)( 1) of thi s provision.] The offcror represents that it 0 is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, smal1 business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract priee: __________- : _ - - - - _ : _ (\0) HUBlone small business concern. [Complete only if the offeror represenled itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents, as part of its offer, that. (i) It 0 is, 0 is not a HUBlone small business concern listed, on the date of this representation, on the List of Qualified HUBlone Sma ll Business Concerns maintained by the Small Business Administration, and no material changes in ownership and cOnlrol, principal office, or HUBlone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It 0 is, 0 is not a HUBlone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(IO)(i) of this provision is accurate for each HUBlone small business concern participating in the HUBlone joint venturc. [The offeror shall enter the names of each of the HUBlone small business concerns participat ing in the HUBlone joinl venlure: .] Each HUBlone small business concern participating in the HUBlone joint venture shall submit a separate signed copy of the HUBlone representation. (d) Representations required to implement provisions of Executive Order 11246. (\) Previous contracts and compliance. The offeror represents that. 2018-ICLI-00035 1248 (i) It 0 has, 0 has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) [t 0 has, 0 has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that. (i) It 0 has developed and has on file, 0 has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (4 [ cfr parts 60- [ and 60-2), 0' (ii) [t 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.c. 1352). (Appl ies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federa[ appropriated funds have been paid or wi ll be paid to any person for infl uencing or attempting to in !1uence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on hi s or her behalf in connection with the award of any resultant contract. [f any registrants under the Lobbying Di sclosure Act of [995 have made a lobbyi ng contact on bchalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom paymems of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federa[ Acquisition Regulation (FAR) 52.225- 1, Buy American.Supplies, is included in this sol icitation.) (I) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unk nown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as fo reign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially availab[e off-the-she lf(COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" arc defined in the clause of this solicitation entilled " Buy American. Supplies." (2) Foreign End Products: Line Item No. Country of Origin [List as necessary] (3) The Government will evaluate offers in aecordance with the polieies and procedures of FAR Part 25. (g)( [) Buy American. Free Trade Agreemems. Israel i Trade Act Cert ificate . (Appl ies only if the clause al FAR 52.225-3, Buy American. Free Trade Agreements. Israeli Trade Act, is included in th is solici tation.) (i) The offcror certifies that each end product, except those listed in paragraph (g)( 1)(ii) or (g)( 1)(iii) of this provision, is a domestic end produet and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms " Bahrainian, Moroccan, Oman i, Panamanian, or Peruvian end product," " commercially available off-the-shelf(COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," 2018-ICLI -00035 1249 "Free Trade Agreement country end product," " Israeli end product," and "United States" are defined in the clause of thi s sol icitation entitled " Buy American. Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian cnd products) or Israeli end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. lsrael i Trade Act'": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani , Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (ii i) The offeror shall list those suppl ies that are fore ign end products (other than those listed in paragraph (g)( I)(i i) of this provision) as defined in the clause of this solicitation entitled " Buy American.Free Trade Agreements.lsraeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qua lify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 . (2) Buy American. Free Trade Agreemcnts. Israeli Tradc Act Certificate, Alternatc I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, subst itute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. Israel i Trade Act" : Canadian End Products: Line Item No. [List as necessary] (3) Buy American.Free Trade Agreemellts.Israeli Trade Act Certificate, Alternate [I. If Alternate II to the clause at FAR 52.225-3 is incl uded in this solicitation, substitute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: 2018-ICLI-00035 1250 (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American.Free Trade Agreements. lsraeli Trade Act"; Canadian or Israeli End Products; Line Item No. Country of Origin [List as necessary] (4) Buy American.Free Trade Agreements.Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the followi ng paragraph (g)( I )(ii) for paragraph (g)( I)(i i) of the basic provision; (g)( I )(i i) The offeror cert ifies that thc fo llowing supplies arc Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act"; Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in th is so licitation.) (i) The offeror ccrtifies that each end product, exccpt those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solic itation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that arc not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin [List as necessary] (ii i) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offcrs of U.S.-made or designated country end products wi thout regard to the restrictions of the Buy American statute. The Government will consider for 2018-ICLI-00035 1251 award only offers of U.S.-made or designated country end products unless the Contracting Officer detennines that there are no offers for such products or that the offers for such products are insuffic ient to fulfill the requirements of the so licitation. (h) Certification Rcgardi ng Responsibi lity Mattcrs (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror cert ifies, to the best of its knowledge and belief, that the offeror and/or any of its principals. (I) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ineli gible fo r the award of contracts by any Federal agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtai ning, attempting to obtain, or performing a Federal , state or local governmcnt contract or subcontract; violation of Federal or state antitrust statutes relati ng to the submission of offcrs; or commission of embezzlement, theft, forgery , bribery, fa lsification or destruction of records, making fa lse statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, comm ission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 '·Iave, 0 have not, within a three-year period preceding this offer, bcen notified of any del inquent Federal laxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered del inquent ifboth of the fo llowing criteria apply: (A) The tax liability is fina lly dctcrmined. The liabil ity is finally determi ned ifi t has been assessed. A liability is not finally dctcrmined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finall y determined unti l all judicial appeal rights have been exhausted. (9) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liabi lity when full payment was due and required. A taxpayer is not del inquent in cases where enforced collection action is prccluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax defic iency. This is not a delinquent tax because it is not a final tax liabi lity . Should the taxpayer seek Tax Court review, th is wi ll not be a final tax liabi lity until the taxpayer has exercised all judicial appeal rights. (9) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liabi lity, and the taxpayer has been issued a notice under I.R.C. §6320 entitl ing the taxpayer to request a hearing with the IRS Office of Appeals contcsting the lien fi ling, and to further appeal to the Tax Court if the IRS dctcrmi nes to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportuni ty to contest the liabi lity. Thi s is not a delinquent tax because it is not a final tax liabi lity. Should the taxpayer seek tax court review, this wi ll not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant 10 I. R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make fu ll payment. (D) The taxpayer has fil ed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under II U.s.c. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)( I) any end products being acquired under this solicitati on that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Chi ld Labor, unless excluded at.J (I) Listed end products. 2018-ICLI -00035 1252 Listed End Product Listed Countries or Origin (2) Certification. (If the Contract ing Officer has identified end products and countries of origin in paragraph (i)( 1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(i i) by checking the appropriate block.] o (i) The offeror will not supply any end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in thc corresponding country as listed for that product. o (i i) The offeror may supply an end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured chi ld labor was used to mine, produce, or manufacture any such end product furn ished under this contract. On the basis of those efforts, the offcror certifies that it is not aware of any such use of child labor. (i) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisi tion of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture ofthc end products it expects to provide in response to this solicitation is prcdominantly. (\) 0 In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regarding exemptions from thc application of the Scrvice Contract Labor Standards (Certification by the offeror as to its compl iance with respect to the contract also constilUtes its certificat ion as to compl iance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)( \) or (k)(2) appl ies. J 0 (\) Maintcnance, cal ibration, or rcpair of certain cquipment as deseribcd in FAR 22.\003-4(c)(\). The offeror 0 does 0 does not certify that. (i) The items of equipment to be serviced under this contract are used regularly for other than Govcrnmental purposes and arc sold or tradcd by the offeror (or subcontractor in thc casc of an cxempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furn ished at prices which are, or are based on, established catalog or market prices (see FAR 22 .1003-4(c)(2)(ii» for the maintenance, cal ibration, or repair of suc h equipment; and (ii i) Thc compensation (wage and fri nge benefits) plan for all service employecs pcrforming work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. o (2) Certain services as described in FAR 22.1003-4(d)( \). The offeror 0 does 0 does not certify that. (i) The services undcr the contract arc offered and sold rcgularly to non-Governmental customers, and arc provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services wi ll be furnis hed at prices that are, or are based on, establ ished catalog or market prices (sec FAR 22 .1003-4(d)(2)(iii»; (ii i) Each service employee who wi ll perform the services under the contract will spend only a small portion of his or her time (a month ly average of less than 20 percent of the avai lable hours on an annuali zed basis, or less than 20 percent of available hours duri ng the contract period if the contract period is less than a month) servicing the Govcrnmcnt contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees perform ing work under the contract is the same as that used fo r these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)( I) or (k)(2) of this c lause applies. 2018-ICLI-00035 1253 (i) If the offeror does not certify to the condit ions in paragraph (k)( I) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the sol icitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)( I) or (k)(2) of this clause or to contact the Contract ing Officer as required in paragraph (k)(3)(i) of this clause. (1) Taxpayer Identification Number (TIN) (26 U.S.c. 6109.31 U.S.c. 7701). (Not applicable if the offeror is required to provide this infom1atio n to the SAM database to be eligible for award.) (I) All offerors must submit the informat ion required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requirements of31 U.S.C. 7701 (c) and 3325(d), reporting requirements of26 U.S.c. 6041, 6041 A. and 605 OM, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any del inquent amounts arising out of the offeror's relat ionship with the Government (31 U.S.c. 770 l(c )(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (T IN). D TIN: __~__~~~____________ o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or fore ign partnership that docs not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organizat ion. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CF R 1.6049-4; o Other _ _ _ _ _ _ _ _ _ _ _ _ __ (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________ TI N :-c---,-------,------,-,-----,---,-. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracti ng with Inverted Domestic Corporations. (I) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts wi th either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9. IOS-2(b) applies orthe requirement is waived in accordance with the procedures at 9. IOS-4. (2) Representation. The Offeror represents that. (i) It 0 is, 0 is not an inverted domestic corporation; and (ii) [t 0 is, 0 is not a subsidiary of an inverted domestic corporation. 2018-ICLI -00035 1254 (0) Prohibition on contract ing with entities engaging in certain activities or transact ions relat ing to Iran . (I) The offeror shal l e-mail questions concerning sensitive technology to the Department of State at CISA DA 106@state.gov. (2) Representation and Certifications. Unless a waiver is grantcd or an exception applies as providcd in paragraph (0)(3) of this provision, by submission of its offer, the offeror. (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or indi viduals owned or contro lled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activi ties for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds 53,500 with [ran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.c. 1701 et seq.) (see OFAC' s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofae/downloadsftllsdn.pdO. (3) The representation and certificat ion requirements of paragraph (0)(2) of this provision do not apply if. (i) This solicitation includes a trade agreements certification (e.g., 52 .212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be suppl ied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all sol icitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solici tation. (1) The Offeror represents that it 0 has or 0 does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision fo r each participant in the joint venture. (2) [f the Offeror indicates "has" in paragraph (p)( I) of this provision, enter the following information: Immediate owner CAGE code: __________ Immediate owner legal name: __________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: 0 Yes or 0 No. (3) [fthe Offeror indicates ""yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following informa tion: Highest-level owner CAGE code: _________ Highest-level owner legal name: _________ (Do not usc a "'doing business as" name) (q) Representation by Corporations Regarding Del inquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Di vision E of the Consolidated and Further Continuing Appropriations Act, 20 IS (Pub. L. I 13-235), and simi lar provisions, if contained in subsequent appropriations acts, The Government wi ll not enter into a contract with any corporation that. (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liabi lity, where the awarding agency is aware of the unpaid tax liabi lity, unless an agency has considered suspension or debarment of the corporation and made a detern1ination that sllspension or debarment is not necessary to protect the interests of the Government; or 2018-ICLI -00035 1255 (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debannent of the corporation and made a determination that this action is not necessary to protect the interests of the Govern ment. (2) The Offeror represents that. (i) 11 is 0 is not 0 a corporat ion that has any unpaid Federal tax liability that has been assessed, for which all judicial and admini strative 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 liabi lity; and (ii) It is 0 is not 0 a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204- 16, Commercial and Government Entity Code Reporting.) (1) The Offcror represents that it 0 is or 0 is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(l) of this provision, enter the followi ng information for all predecessors that held a Federal contract or grant withi n the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: - - (or mark "Unknown") Predecessor legal name: ____________ (Do not use a "doing business as" name) (s) [Rescrved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduct ion Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1 (k». (I) This representation shall be completed if the Offeror received $7.5 mill ion or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 mi llion in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)] . (i) The Offeror (itse lf or through its immediate owner or highest-leve l owner) 0 does, 0 does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results ofa greenhouse gas inventory, performed in accordance with an accounting standard with publicly avai lable and consistent ly applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest- level owner) 0 does, 0 does not publ icly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publiely accessible website a target 10 reduce absolute emissions or emissions intensity by a specific quantity or percentage. (ii i) A publicly accessible website includes the Offeror's own website or a recogni zed, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked "docs" in paragraphs (t)(2)(i) or (t)(2)(i i) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals arc reported: _ _ _-,--_ _-,--_ (u)( l) In accordance with section 743 of Division E, Title VII , of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. I 13-235) and its successor provisions in subsequent appropriations acts (and as extended in continui ng resol utions), Government agencies arc not permitted to usc appropriated (or otherwise made avai lable) funds fo r contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud , or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2018-ICLI-00035 1256 (2) The prohibition in paragraph (u)(\) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Informati on Nondisclosure Agreement), Form 4414 (Sensiti ve Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nond isclosure of classi fi ed information. (3) Representation. By submission of its offer, the Offeror represents that it wi ll not require its employees or subcontractors to sign or comply wi th internal confidentiality agreements or statements prohibi ting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance ofa Government contract to a designated investigative or law enforcement representative ofa Federal department or agency authorized to receive such infonnat ion (e.g. , agency Office of the Inspector General). FAR 52.212-4CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) This clause is incorporated by reference. The full text of the clause is available at; hllps://www.acquisition.govIFARJ. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEM ENT STATUTES OR EXECUTIVE ORDERS - COMMECIAL ITEMS (NOV 2017) (a) The Contractor shall comp ly with the fo llowing Federal Acquisition Regulation (FA R) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders appl icable to acquisitions of commercial items: [ZJ 52.203- 19 Prohibit ion on Requiring Certain Internal Confident iality Agreements or Statements (JAN 2017) [ZJ 52.209- 10 Prohibition on Contracting with Inverted Domestic Corporations (NOY 2015) [ZJ 52.233-3 Protest After Award (AUG 1996) [ZJ 52.233-4 Appl icable Law fo r Breach of Contract Claim (OCT 2004) (b) The Contractor shall comply with the FAR clauses in thi s paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executi ve orders applicable to acquisitions of commercial items: D 52.203-6 Restrict ions on Subcontractor Sales to the Government (SEPT 2006) o Alternate I (OCT 1995) [ZJ 52.203- 13 Contractor Code of Business Eth ics and Conduct (OCT 2015) [ZJ 52.203- 15 Whistlcblower Protections under the American Recovery and Rei nvestment Act of2009 (JUNE 2010) [ZJ 52.204- 10 Reporting Execut ive Compensation and First-Tier Subcontract Awards (OCT 2016) D (Reserved] [ZJ 52.204- 14 Service Contract Reporting Requirements (OCT 2016) D 52.204- 15 Service Contract Reporting Requirements for Indefinite-Del ivery Contracts (OCT 2016) 2018-ICLI -00035 1257 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debannent (OCT 2015) D 52.209-9 Updates of Publicly Available Informat ion Regard ing Responsibil ity Matters (JUL 2013) D (Reserved] D 52.219-3 Notice of Total HUBZone Set-Aside (NaY 20 II) D D Alternate I (NaY 2011) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) D Alternate I (JAN 20 II) D (Reserved] D 52.219-6 Notice of Total Small Business Set-Aside (NaY 20 II) D o Alternate I (NaY 2011) D Alternate II (NaY 2011) 52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003) D Alternate I (OCT 1995) D Alternate II (MA R 2004) C8J 52.219-8 Utilization of Small Business Concerns (NaY 2016) C8J 52.219-9 Smal l Business Subcontracting Plan (JAN 2017) 0 Alternate I (NaY 2016) 0 Alternate II (NaY 2016) ~ Alternate III (NaY 2016) 0 Alternate IY (NaY 2016) D 52.219- 13 Notice ofSel-Aside of Orders (NaY 2011) C8J 52.219- 14 Limitations on Subcontracting (JAN 2017) C8J 52.219- 16 Liquidatcd Damages - Subcontracting Plan (JAN 1999) D 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NaY 2011) C8J 52.219-28 Post A ward Small Business Program Rerepresentalion (JUL 2013) o 52.219-29 Notice ofSel-Aside for, or Sole Source Award 10, Economically Disadvantaged Women-Owned Small Busi ness Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) 2018-ICLI -00035 1258 D 52.219-30 Noticc ofSct-Asidc for, or Solc Sourcc Award to, Women-Owned Small Busincss Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) C8J 52.222-3 Convict Labor (JUN 2003) C8J 52.222- 19 Child Labor - Cooperation with Authorities and Remedies (OCT 2016) C8J 52.222-21 Prohibit ion of Segregated Facilit ies (APR 2015) C8J 52.222-26 Equal Opportunity (SEPT 2016) C8J 52.222-35 Equal Opportunity for Veterans (OCT 2015) C8J 52.222-36 Equal Opportunity for Workers with Di sabilit ies (JU L 201 4) C8J 52.222-37 Employment Reports on Veterans (FEB 2016) C8J 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 20 I0) D 52.222-50 Combating Trafficking in Pcrsons (MAR 2015) D Alternate 1 (MAR 20 15) C8J 52.222-54 Employment Eligibility Verificat ion (OCT 2015) D 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MA Y 2008) D Alternate I (MAY 2008) D 52.223- 11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) D 52.223- 12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Ai r Conditioners (JUN 20 16) D 52.223- 13 Acquisition of EPEAT®- Registered Imaging Equipment (JUNE 2014) D D Alternate I (OCT 2015) 52.223- 14 Acquisi tion of EPEAT®-Rcgistcred Televisions (JUNE 2014) D Alternate 1 (JUNE 2014) D 52.223- 15 Energy Efficiency in Energy-Consuming Products (DEC 2007) D 52.223- 16 Acquisition of EPEAT®- Registered Personal Computer Products (OCT 2015) D Alternate I (JUNE 2014) C8J 52.223- 18 Encouraging Contractor Policies to Ban Tcxt Mcssaging While Driving (AUG 20 11) D 52.223-20 Aerosols (J UN 2016) D 52.223-21 Foams (JUN 20 16) 2018-ICLI -00035 1259 52.224-3 Privacy Training (JAN 2017) [2J Alternate I (JAN 2017) D 52.225- 1 Buy American - Suppl ies (MAY 2014) o 52.225-3 Buy American - Free Trade Agreements-Israel i Trade Act (MAY 20 14) D Alternate I (MA Y 2014) D Alternate II (MAY 2014) o Alternate JJJ (MAY 2014) [2J 52.225-5 Trade Agreements (OCT 2016) [2J 52.225- 13 Restrictions on Certain Foreign Purchases (JUN 2008) o 52.225-26 Contractors Perfonning Private Securi ty Functions Outside the United States (OCT D 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) D 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) D 52.232-29 Tenns for Financing ofrurchases of Commercial Items (FEB 2002) D 52.232-30 Installment Payments for Commercial 1tems (JAN 2017) [2J 52.232-33 Payment by Electronic Funds Transfcr-System for Award Management (JUL 2013) D 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) o 52.232-36 Paymcnt by Third Party (MA Y 2014) [2J 52.239- 1 Privacy or Security Safeguards (AUG 1996) D 52.242-5 Payments to Small Business Subcontractors (JAN 20 17) D 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) D 2016) Alternate I (AP R 2003) (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: D 52.222- 17 Nondisplacement of Qualified Workers (MAY 20 14) [2J 52.222-41 Service Contract Labor Standards (MAY 2014) [2J 52.222-42 Statement of Equivalent Rates for Federal Hires (MA Y 2014) [2J 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (MUltiple Year and Option Contracts) (MA Y 2014) 2018-ICLI -00035 1260 D 52.222-44 Fair Labor Standards Act and Scrvice Contract Act- Pricc Adjustment (MA Y 20 14) D 52.222-5 1 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Maintcnance, Calibration, or Rcpair of Certain Equipmcnt- Rcquircments (MAY 2014) D 52.222-53 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) [8J 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) [8J 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) D 52.226-6 Promoting Exccss Food Donation to Nonprofit Organizations (MAY 2014) D 52.237- 11 Accepti ng and Di spensing of$l Coi n (SEPT 2008) (d) Compfroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if thi s contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and docs 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 evidencc for examination, audit, or reproduction, unti 13 years after fi nal payment under th is contract or for any shortcr pcriod spccified in FAR Subpart 4.7, Contractor Records Rctcntion, of thc othcr clauscs of this contract. If this contract is completely or partially tenninated, the records relating to the work terminated shall be made avai lable for 3 years after any resulting fina l termination settlement. Records relating to appeals under the disputes clausc or to litigation or the settlement of claims arising under or relating to this contract shall be made available unt il such appeals, litigation, or claims arc finally rcsolvcd. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and rcgardless of form. This does not rcquire the Contractor to create or maintain any record that thc Contractor docs not maintain in the ordinary coursc ofbusincss or pursuant to a provision of law. (e)( l) 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 commcrcial items. Unless otherwise indicated bclow, thc cxtcnt of the flow down shall bc as rcquircd by the clause52.203- 13, Contractor Code of Business Ethics and Conduct (Oct 20 15) (41 U.S.c. 3509). (ii) 52.203-19, Prohibition on Requiring Ccrtain lntcrnal Confidcntial ity Agrecments or Statements (Jan 2017) (section 743 of Di vision E, Tit le VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235) and its successor provisions in subsequent appropriations acts (and as extendcd in continuing resolutions». (iii) 52.219-8, Utilization of Small Business Conccrns (Nov 20 16) (15 U.S.c. 637(d)(2) and (3», in all subcontracts that oITer furthe r subcontracting opportunities. If the subcontract (except subcontracts to small business (i) 2018-ICLI -00035 1261 concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222·17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) ofF AR clause 52.222-17. (v) 52.222·21 , Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222·26, Equal Opportuni ty (Sept 2016) (E.O. 11246). (vii) 52.222·35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.c. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Di sabilities (JuI 2014) (29 U.S.c. 793). (ix) 52.222·37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222·41, Service Contract Labor Standards (May 2014) (41 U.S.c. chapter 67). (xii) _XJA) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.c. chapter 78 and E.O 13627). ~(B) Alternate I (Mar 2015) of52.222-50 (22 U.S.c. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Scrvice Contract Labor Standards to Contracts fo r Maintenance, Calibration, or Repair ofCeTiain Equipment-Requirements (May 20 14) (41 U.S.C. chapter 67). (xiv) 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). (xv) 52.222-54, Employment Eligibility Vcrification (Oct 2015). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 20 15). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13 706 (JAN 20 17) (E.O. 13706). (xx) (A) 52.224-3 , Privacy Training (JAN 2017) (5U.S.C. 552a). (B) Alternate I (JAN 2017) of52.224-3. (xxi) 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). (xx ii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 20 14) (42 U.S.c. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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 52.24764. (2) Whi le not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. FAR 52.217-8 OPTION TO EXTEN D SERVICES The Government may require continued performance of any services wi thin 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 ofperformance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. (End of clause) FAR 52.217-9 OPTION TO EXTEND HIE: TE:RM OF THE: CONTRACT 2018-ICLI-00035 1262 (a) The Government may extend the term of this contract by wriuen notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commi t the Government 10 an extension. (b) If the Government exercises th is option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) FAR 52.252-2 CLA USES 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 ful1 texl. Upon request, the Contracting Officer will make their fu ll text available. Also, the full text of a clause may be accessed electronically at this address: https:llwww.acguisition.gov/FARI. FAR 52.232-39 UNENFORC EABILITY OF UNAUTHORIZED OBLIGATIONS (JU NE 2013) This clause is incorporated by refercnce. The fu ll text of the clause is available at: hllps://www.acquisition.govIFARI. FAR 52.232-40 PROVIDIN G A CCE L ERATED PA YMENTS TO SMALL BUSIN ESS SUBCONTRACTORS (DE C 2013) This clause is incorporated by reference. The full text of the clause is available at: hllps://www.acquisi tion.govIFARI. FAR 52.209-10 PROHIBITION ON CO NT RACTIN G WITH I NVERTED DOMESTI C CORPORATIONS (NOV 2015) (a) Definitions. As used in this clause- " Inverted domestic corporation" means a foreign incorporated entity that meets the defi nition of an inverted domestic corporation under 6 U.S.c. 395(b), appl ied in accordance with the rules and defi nitions of6 U.S.c. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned(I) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) Ifthc contractor reorganizcs as an inverted domcstic corporation or bccomcs a subsidiary of an invcrtcd domcstic corporation at any timc during thc pcriod ofperfonnanec of this contract, thc Government may be prohibited from paying fo r Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seck any available remedies in the event the Contractor fai ls to perform in accordance with the tern1S and conditions of the contract as a result ofGovemment action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes ei ther an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract perforn1ance, the Contractor shall give written notice to the Contracting Officer within fi ve business days from the date of the inversion event. FAR 52.237-2 PROTECTION OF GOVERN MENT BUlLDlNG S, EQUIPM ENT A N D VEGETATION (APR 1984) 2018-ICLI -00035 1263 The Contractor shall use reasonable care to avoid damaging existing bui ldings, equipment, and vegetation on the Government installation. If the Contractor's fa ilure 10 use reasonable care causes damage 10 any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. HSAR 3052.209-70 2006) PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (J UN (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause : Expanded Affiliated Croup means an affil iated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substitut ing 'more than 50 percent' fo r 'at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but fo r subsection (b) of section 835 of the Homeland Security Act, 6 U.S.c. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic C0/"fJOration. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related lransactions)- (I) The entity completes the direct or indi rect acquisition of substantially all of the properties held directly or indi rectly by a domestic corporation or substantia lly all of the properties constituti ng a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held(i) In the case of an acquisition with respect to a domestic corporation, by forme r shareholders of the domestic corporation by reason of holding stock in the domestic eorporalion; or (ii) [n the case of an acquisition with respect to a domestic partnership, by forme r partners of the domestic partnership by reason of holding a capita l o r profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantia l business activities in the fore ign country in which or under the law of whic h the entity is created or organized when compared to the total business activities of such expanded affi liated group. Person, domes/ie, andforeign have the meanings givcn such terms by paragraphs (I), (4), and (5) of section 7701 (a) of the Interna l Revenue Code of 1986, respectively. 2018-ICLI -00035 1264 (c) Special rules. The fo llowing definitions and special rules shall apply when determining whether a fore ign incorporated entity should be treated as an inverted domestic corporation. (\) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domest ic corporat ion these shall not be taken into account in detennining ownership: (i) Stock hcld by members of the expanded affiliated group which includes the fore ign incorporated entity; or (ii) Stock of such entity which is sold in a public offering rclated to an acquisition described in section 835(b)(\) of the Homeland Security Act, 6 USc. 395(b)(\). (2) Plan (Ieemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) arc met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregartled. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers arc part ofa plan a principal purpose of which is to avoid the purposes of this section. (d) Speciall1lfefor related Imrmerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.s.c. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of \986) shall be treated as a partnership. (e) Treatment of Certain Rights. (I) Certain rights shall be treated as stocks to the extent necessary to refl ect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (ii i) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate 10 do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (I) Disclosure. The offeror under this sol icitation represents that [Chcck onc]: _ it is not a foreign incorporatcd cntity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009. 108-7003 ; 2018-ICLI-00035 1265 _ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003 , but it has submitted a request for waiver pursuant to 3009 .108-7004, which has not been denied; or _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009 .108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied fo r, shall be attached to the bid or proposal. (End of clausc) HSAR 3052.212-70 CONTRACT T ERMS AND CONDITIONS APPLI CABLE TO DHS ACQ UISIT ION Of COMMERCIAL ITEMS (SEP 20 12) The Contractor agrees to comply wi th any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the appl icable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The followi ng provisions and clauses are incorporated by reference: (a) Provisions. ...K... 3052.219-72 Evaluation of Pri me Contractor Participation in the DH S Mentor Protege Program. (b) C lauses. ...K...3052.203-70 Instructions for Contractor Disclosure of Violations. ...K... 3052.204-70 Security Requirements for Unclassified Information Technology Resources . ...K... 3052.204-71 Contractor Employee Access. Alternate I ...K... 3052.205-70 Advertisement, Publ icizing Awards, and Releases . ...K... 3052.219-70 Small Busincss Subcontracting Plan Rcporting . ...K... 3052.219-7 1 DHS Mentor Protege Program. I. FAR C lauses 52.224- 1: Privacy Act Notificat ion (AP R 1984) 52.224-2: Privacy Act (A PR 1984) 1I . HSAR C lause 3052.204-7 1 Contractor emp loyee access (SEP 2012), and Alternate I Safeguarding of Sensitive Information (MA R 20 15) Sections (a) - (d) Infom1ation Technology Security and Privacy Training (MAR 20 15) Ill. lOP Privacy and Records Provisions 2018-ICLI -00035 1266 PRIV PRIV PRIV PRIV PRIV REC REC REC REC REC REC REC 1.2: 1.3: 1.4: 1.6: 1.7: 1.1: 1.2: 1.3: 1.4: 1.5: 1.6: 1.7: Reporting Suspected Loss of Sensitive PH Victim Remediation Provision Separat ion Checklist for Contractor Employees Prohibition on Performing Work Outside a Gov't Facility/NetworklEquiprnent Privacy Act Information Required DHS Basic Records Management Training Deliverables are the Property of the U.S. Government Contractor Shall Not Create or Maintain Unauthorized ...JRecords Agency Owns Rights to Electronic Informa tion Comply with All Records Management Policies" No Disposition of Docurnents without Prior Written Consent " Contractor Must Obtain Approval Prior to Engaging Subcontractors PRIV 1.2: Reporting Suspected Loss of Sensitive PI!: Contractors must report the suspected loss or compromise of Sensiti ve Pll to ICE in a timely manner and cooperate with ICE's inquiry into the incident and efforts to remediate any harm to potentia l victims. 1. The Contractor must dcvclop and include in its security plan (which is submitted to ICE) an interna l system by which its employees and sub-Contractors arc trained to identify and report potential loss or compromise of Sensitive PH. 2. Contractor must report the suspected loss or compromise of Sensitive PH by its employees or sub-Contractors to the ICE Security Operations Center (480-496-6627), the Contracting Officer's Representat ive (CO R), and the Contract ing Officer within one (1) hour of the init ial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensi ti ve PII by its employees or sub-Contractors. The report must contain the following information: a. Narrative, detailed description of the events surrounding the suspected loss/compromise. b. Date, time, and location of the incident. c. Type of information lost or compromised. d. Contractor's assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment. e. Names ofperson(s) involved, including victim, Contractor employee/sub-Contractor and any witnesses. f. Cause of the incident and whether the company' s security plan was followed or not, and which specific provisions were not followed. g. Actions that have been or will be taken to minimize damage and/or mitigate further compromise. h. Recommendations to prevent simi lar situations in the future, including whether the security plan needs to be modified in any way and whether additional traini ng may be required. 4. The Contractor must cooperate with ICE or other governmcnt agency inquiries into the suspected loss or compromise of Sensitive PII. 5. At the government's discretion, Contractor employees or sub-Contractor employees may be identified as no longer eligible to access Sensitive PII or to work on that contract based on their actions related to the loss or compromise of Sensitive PH. (End of clause) PRIV 1.3: Victim Remediation Provision: The Contractor is responsible for notification of victims and provision of vict im remediation services in the event of a loss or compromise of Sensitive PH held by the Contractor, its agents, and Subcontractors, under this contract. The victim remediation services shall include at least I8-months of credit monitoring and, for serious or large incidents as requested by the Government, call center help desk services for the individuals whose Sensitive PH was lost or compromised. The Contractor and ICE will collaborate and agree on the method and content of any notification that may be required to be sent to individuals whose Sensitive PII was losl or compromised . (End of clause) 2018-ICLI -00035 1267 PRIV 1.4: Separation Chceklist for Contractor Employecs: Contractors shall enact a protocol to use a separation checklist before its employees, Subcontractor employees, or independent Contractors term inate worki ng on the contract. The separation checklist must cover areas such as; (I) return of any Government-furn ished equipment; (2) return or proper disposal of Sensitive PI! (paper or electronic) in the custody of the Contractor/Subcontractor employee or independent Contractor, including the sani tization of data on any computer systems or media as appropriate; and (3) tennination of any technological access to the Contractor's fac ili ties or systems that would pennit the terminated employee's access to Sensitive PI!. In the event of adverse job actions resulting in the dismissal of an emp loyee, Subcontractor employee, or independent Contractor, the Contractor shall notify the Contract Officer's Representative (COR) within 24 hours. For normal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shal l assist the ICE Point of Contact (1CEIPOC), Contracting Officer, or COR with completing ICE Form 50-ODS/Contractor Employee Separation Clearance Checkl ist by returning all Governmcntfurni shed property including but not limited to computer eq uipment, media, credentials and passports, smart cards, mobi le devices, PIV cards, calling cards, and keys and terminating access to all user accounts and systems. (End of clause) PRIV 1.6: Prohibition on Performing Work Outside a Gove rnment Faeility/NetworkiEquipment: The Contractor shall perform all tasks described in this document at authorized Government facil ities and on authorized Government networks, using Government-furnished IT and other equipment. The Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facil ity, or on any other network or equipment. Government inforn1ation sha ll remain wi thin the confi nes of authorized Government fac ilities and/or networks at all times. (End of clause) PRIV 1.7: Privacy Act Information: In accordance with FAR 52.224-1, PRJVACY ACT NOTIFICATION (APR 1984), and FAR 52.224-2, PRJ VACY ACT (APR 1984), th is contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974. The agency advises that the relevant system of records notices (SORNs) appl icable to this Privacy Act information are as fo llows: DHS/ALL-004 General Information Technology Access Account Record Systems (G[T AARS) DHS/ICE-OI3 Alien Medical Records DHS/ICE-OJ I Criminal Arrest Records and Immigration Enforcement Records (CA RJ ER) These SORNs may be updated at any time. The most current DHS versions arc publ icly available at www.dhs.gov/privaey. SORNs of other agencies may be accessed through the agencies' websites or by searchi ng FDsys, I Othe Federal Digital System of the Government Publishing Office, available at hnp:/lwww.gpo.gov/fdsysJ. (End of clause) REC: 1.1: Rcquircd DHS Basic Records Management Training: The Contractor shall provide DHS basic records management training for a[l employees and Subcontractors that have access to Sensitive PII as wel[ as the creation, use, di ssemination and/or destruction of Sensitive PII at the outset of the Subcontractor's/emp[oyee 's work on the contract and every year thereafter. This train ing can be obtained via links on the ICE intranet site. The Agency may also make the training available through other means (e.g. , CD or online). The Contractor shall maintain copies of certificates as a record of compl iance. The Contractor must submit an annual e-mai l notification to the Contracting Officer's Representative that the required training has been completed fo r all the Contractor' s employees. (End of clause) REC 1.2: Deliverables are the Property of the U.S. Government: The Contractor shall treat all deli verables under the contract as the property of the U.S. Government fo r which the Agency shall have unl imited rights to usc, dispose of, or disclose such data contained therein. The Contractor shal l not retain, usc, sell, or disseminate copies of any 2018-ICLI-00035 1268 deliverable without the expressed pennission of the Contracting Officer or Contracting Officer's Representative. The Contractor shall certify in writ ing the destruction or return of all Government dala at the conclusion of the contract or at a time otherwise specified in the contract. The Agency owns the rights to all data/records produced as part of this contract. (End of clause) REC 1.3: Contractor Shall Not Cr eatc or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or mai ntain any records contain ing any Government Agency data that arc not speci fi cally tied to o r authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Ekctronic Information : The Government Agency owns the rights to all electronic information (e lectronic data, electronic information systems or electronic databases) and all supporting documcntation created as part of this contract. The Contractor must deliver sufficient technical documentation with all data del iverables to pcrmit the Agcncy to usc the data. (End of clause) REC 1.5: Comply with All Records Managell"ltnt Policies: The Contractor agrees to comply with Federa l and Agency records management policies, including those policies associated with the safeguarding of records 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. (End of clause) REC 1.6: No Disposition of Documents without Prior Wr itten Consent : No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors arc responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilat ion. 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. (End of clause) REC 1.7: Contractor Must Obtain Approval Prior to Engaging 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 sensi tive and proprietary info rmation. (End of clause) IC E Information Governance and Privacy Requirements Clause (J UL 201 7) A. Limiting Access to Privacy Act and Other Sensitive Information (i) Privacy Act illformalion In accordance wilh FA R 52.224-1 Privacy Act Notificat ion (APR 1984), and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires contractor personnel to have access to information protccted by the Privacy Act of 1974 the contractor is advised that thc rclevant DHS systcm of records notices (SORNs) applicable to this Privacy Act information may be found al www.dhs.gov/privacy. Applicable SORNS of other agencies may be accessed through the agencies' websites or by searching FDsys, the Federal Digital System, available at hnp://www.gpo.gov/fdsys/. SORNs may be updated at any time. (2) Prohibitioll all Pelformillg Work Outside a Governmellf FacilitylNetworkiEquipmem The Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or Workplace as a Service (WaaS) if WaaS is authorized by the statement of work. Government information shall remain within the confines of authorized Government networks at all times. Except where te lework is specifically authorized within this contract, the Contractor shall perform a ll tasks described in this 2018-ICLI -00035 1269 document at authorized Government facilit ies; the Contractor is prohibited from performing these tasks at or removi ng Government-furnished infonnation to any other facility; and Government information shall remain withi n the confines of authorized Government fac ilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless oftelework authorizations. (3) Prior Approval Required 10 Hire Subcollfractors 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 sensiti ve and proprietary information. (4) Separation Checklislfor Contraclor Employees Contractor shall comp lete a separation check list before any employee or Subcontractor employee terminates work ing on the contract. The separation check list must verify: (I) return of any Government-furnished equipmcnt; (2) return or proper disposal of sensiti ve personally identifiable information (PI I), in paper or electronic fornI, in the custody of the employee or Subcontractor employee incl uding the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technologica l access to the Contractor's facilities or systems that would permit the terminated employee 's access to sensitive PII. In the event of adverse job actions resulting in the dismissal of an emp loyee or Subcontractor emp loyee, the Contractor shall notify the Contracti ng Officer's Representative (CO R) within 24 hours. For normal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shall assist the ICE Point of Contact (lCEIPOC), Contracting Officer, or COR with completing ICE Form SO-OOS/Contractor Employee Separation Clearance Checkl ist by returning all Governmentfurni shed property including but not limited to computer equipment, media, credentials and passports, smart cards, mobi le devices, PlY cards, calling cards, and keys and terminating access to all user accounts and systems. B. Re~·erved - Deleled in accordance willi clause pre~·criptioll C. Government Records Training, Ownership, and Management (1) Records Management Training and Compliance (a) Thc Contractor shall provide DHS basic rccords management training fo r all employces and Subcontractors that havc acccss to sensitive PII as wcll as to those involvcd in the crcation, usc, disscmination and/or destruction ofscnsitive PII. This training wi ll be provided at the outset of the Subcontractor's/employee's work on the contract and cvery ycar thereaftcr. This training can be obtaincd via links on the ICE intranet site or it may be made available through other means (e.g., CD or online). The Contractor shall maintain copies of certificates as a record of compliance and must submit an e-mai l notification annually to the Contracting Officer's Representative verifying that all employees working under this contract have completed the required records management training. (b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (2) Records Creation, Ownership, and Disposition (a) Thc Contractor shall not create or maintain any rccords not specifically tied to or authorized by thc contract using Govcrnmcnt IT equipment and/or Govcrnmcnt records or that contain Govcrnment Agency data. Thc Contractor shall certify in writing the destruction or return of all Governmcnt data at thc conclusion of the contract or at a time otherwise spccified in the contract. (b) Except as stated in the Pcrfonnance Work Statcment 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 2018-ICLI-00035 1270 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 are considered federal records, for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The Contractor must del iver sufficient technical documentation with all data deliverables to permit the agency to use the data. (c) The Contractor shall not retain, use, sell , disseminate, or di spose 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 fo r 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. § 270 1. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules. D, Data Privacy and Oversight (1) Restrictions on Testing or Training Using Real Data Containing PI! The usc of real data containing sensiti ve Pll from any source for testing or training purposes is generally prohibited. The Contractor shall use synthetic or dc-identified real data for testing or traini ng whenever feasible. ICE policy requires that any proposal to use of real data or de-identified data for IT system test ing or training be approved by the ICE Privacy Offieer and Chief Information Seeurity Officer (CISO) in advance. In the event performanee of the contract requires or neeessitates the use of real data for system-testing or training purposes, the Contraetor in coordination with the Contracting Officer or Contract ing Officer's Representative and Government program manager shall obtain approval from the ICE Pri vacy Office and CISO and complete any required documentation. (2) Resen'ed - Deleted in accordallce witlt clause prescription (3) Reqlliremem to SIIPPOI"I Privacy Compliance (a) The Contractor shall support the completion of the Privacy Threshold Analysis (PTA) document when it is required. PT As are triggered by the creation, modification, upgrade, or disposition of an IT system, and must be renewed at least every three years. Upon review of the PTA, the DH S Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modifications thereto, are required. The Contractor shall provide adequate support to complete the PIA in a timely manner, and shall ensure that project management plans and schedules include the PTA, PI A, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DHS, including PT As, PIAs, and SORNs, is located on the DH S Privacy Office website (www.dhs.gov/privacy)under"Compliance." DHS Privacy Pol icy Guidance Memorandum 2008-02 sets forth when a PIA will be required at DHS, and the Pri vacy Impact Assessmcnt Guidance and Template outline the requiremcnts and format for the PIA. (b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy documentation, the Contractor shall assign or procure a Pri vacy Lead, to bc listed undcr " Key Personnel." The Privacy Lead shall be responsible for providing adequate support to DHS to ensure DHS can complete any required PTA, PIA, SORN, or other supporting documentation to support privacy compliance. The Privacy Lead shall work with personnel from the program office, the ICE Privacy Office, the Office of the Chief Information Officer, and the Records Management Branch to ensure that the privacy documentation is kept on schedule, that the answers to questions in the PIA are thorough and complete, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fashion. The Pri vacy Lead: • • • • • Must have excellent writing ski lls, the abil ity to explain technology clearly for a nontcchnical audience, and the ability to synthesize info rmation from a variety of sources. Must have excellent verbal communication and organizational skills. Must have experience writing PIAs. Ideally the candidate would have experience writing PIAs fo r DHS. Must be knowledgeable about the Pri vacy Act of 1974 and the E-Government Act of 2002. Must be able to work well with others. 2018-ICLI -00035 1271 (c) If a Privacy Lead is already in place with the program office and the contract involves IT system builds or substantial changes that may require privacy documentation, the requirement for a separate Private Lead specifically assigned under this contract may be waived provided the Contractor agrees to have the existing Pri vacy Lead coordinate with and support the ICE Privacy POC to ensure privacy concems are proactively reviewed and so ICE can complete any required PTA, PIA, SORN, or other supporting documentation to support privacy compliance if required. The Contractor shall work wi th personnel from the program office, the ICE Office of Information Govemance and Privacy, and the Office of the Chief Information Officer to ensure that the privacy documentation is kept on schedule, that the answers to questions in any pri vacy documents are thorough and complete, that all records management requirements are met, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fash ion. (End of Clause) 2018-ICLI-00035 1272 kb)(6):(b)(7)(C) From : 11 Apr 2018 18:39:37 -0400 Sent: ~b)(6); (b}(7)(C) To : Subject: RE : Get-Backs from today's HOGR mtg re: LPR Attachments: 2018-03-27 - HOGR Get-backs (Vigilant Solutions ).docx, DHS ICE Policy Acceptance Form.pdf, Vigila nt Coverage Map_032918.png I Sorry for the delay. I reformatted the response and have it prepped to send to 00 for final review and approval. Please review the attached document and add/delete where necessary. I am out of the office tomorrow and Friday. Thanks, Fro m :Kb)(6);(b )(7}(C) Sent : Friday, March 30, 2018 3:14 PM To: kb)(6):(b)(7)(C) Cc: Smit h, Amber t b)(6);(b}(7)(C) Su bject: RE: Get _BL,"Ck"s"fc-,o=--mC-C-'""o"d,"'y-',;,-s"HO'O"G"R;-m='g:-:c'e":-;l"p"R---------------' Good Afternoon and Happy Friday, Please find the answers below. Thanks again for coordinating all of this . It's been a pleasure working with you . 1. Below is the splash screen. The attached PDF is the language that pops up when you click get more info . 2018-ICLI -00035 1273 b}(7)(E) 2. Clear users H51 - 7,725 ERO-4,088. We have 9,209 total ICE users in LEARN but we do not have an individual count by ERO or H51. 3. We do not have a separate LEO vs Non LEO # without going through and counting each ofthe 9,209 email addresses. 4. Please see attached image for map of coverage. 5. Reporting Structure for ERO and HSI is the same . User FOD POC/ Admin HQ POC/Admin Unit Chief/Section Chief COR AD 6. Given that access to the content began 2/1/2018 and reports are due quarterly per the statement of work, the first audit log will be sent to ICE the week of June 4th. Audit logs are also available upon request. No requests have been made at this time. 7. Under the ICE Contract, Section PRIV 1.2 (2-3) states the following: "2. Contractor must report the suspected loss or compromise of Sensitive PII by its employees or subContractors to the ICE Security Operations Center (480-496-6627), the Contracting Officer's Representative (COR), and the Contracting Officer within one (1) hour of the initial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensitive PI! by it s employees or sub-Contractors." 2D18-ICLI -DDD35 1274 Thanks, -'1CPPB, CFCM L t b_)(6_);_(b_ )(7_XC _ )_ _ _ _ _ Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732- ~ obile : 202-34s-Fb )(6);Q Email: kb)(6);(b)(7)(C) I NOTICE: Th is communication may contain privileged or otherwise confidential information. I f you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited. Please inform the sender that you rece ived this message in error and delete the message from your system. f From: b)(6);(b)(7)(C) Sent: Tuesday, March 27, 2018 7:05 PM To: t b)(6);(b)(7)(C) I Cc: Smith, Amberf b)(6l:(b}(7)(C) I Subj ect: Get-Backs from today's HOGR mtg re: LPR Good evening, f~)~~ I ~~l~?yb p nd I compared notes and the below are the get-backs from today's meeting with HOGR staff. Please let me know if you need me to task these to you formally. 1. 2. 3. 4. 5. 6. 7. Please provide a screen shot of the "Splash" screen. Please provide how many users will be accessing the system (ERO vs . HSI)? Do you have an estimate of the ICE non-law enforcement users? Please provide Vigilant Solutions state-by-state coverage . What is the reporting structure within ICE HQs for HSI and ERO (CORs or POCs)? When will you receive your first batch report from Vigi lant Solutions? How long does Vigi lant Solutions have to notify ICE of a breach? Fb)(6);(b)(7)(C) I Department of Homeland Security U.S . Immigration and Customs Enforcement Office of Congressional Relations 2018-ICLI -00035 1275 Get-backs from March 27, 20J8 Briefing to Majority and Minority Staff from House Oversight and Government Reform J. Please provide a screen shot of the " Splash" screen. b}(7)(E) Also attached PDF is the language that pops up when you click get more information. 2. Please provide how many users will be accessing the system (ERO vs. HSI)? Response: • Cleared users for Homeland Security Investigations (HSI) is 7,725 • Cleared users for Enforcement and Removal Operations (ERa) is 4,088 • There are 9,209 ICE users in LEARN but we do not have an individual count by ERO or HSI. 3. Do you ha ve an estimate of the ICE non-law enforcement users? Response: We do not have a separate breakout by law enforcement versus non-law enforcement users. Thi s wou ld require us to conduct a manual count of the 9,209 users in LEARN. 4. Please provide Vigilant Solutions statc-by-state coverage. Response: See attached. 2018-ICLI -00035 1276 5. Wh a t is the reporting structure within ICE HQs for HSI and ERO (CORs or POCs)? Res ponse: Reportin{! E Ra User Field Office Director (FO D) Point of Contact I (pa C)! Admin Headquarters (HO) paC! Admin Unit Chief/Section Chi ef Contractor Officer Representati ve (CO R) Ass istant Director (AD) Structure HSf User Spec ial Agent in Charge (SAC) pac !Admi n H 0 paC!Admin Un it Chief/Section Chi ef COR AD 6. When will you receive your first batch report from Vigilant Solutions? Response: Access to the content began on February I, 201 8 and reports are due quarterly per the statement of work, the first audit log will be sent to ICE the week of June 4, 201 8. Audit logs are also ava il able upon request. No request have been made at thi s time. 7. How long docs Vigilant Solutions have to notify ICE of a breach ? Res ponse: Under the ICE Contract, Secti on PRI V 1.2 (2-3) states the follow ing: "2. Contractor must report the suspected loss or compromise of Sensitive PH by its empl oyees or sub-Contractors to the ICE Security Operations Center (480-496-6627), the Contracting Offi cer's Representati ve (COR), and the Contracting Offi ce r within one ( I) hour of the initi al di scovery. 3. The Contractor mu st provide a written report to ICE within 24 hours of the suspected loss or compromi se of Sensiti ve PIl by its employees or sub·Contractors. " 2018-ICLI -00035 1277 Welcome to Vigilant's LEARN LPR Database. This system is for authorized ICE users only. Before using the database, you must read a nd consent to the following: ( I) Law Enforcement Purpose: You wi ll access, collect, and/or use LPR data and technology only for authorized cri minal and administrative law enforcement purposes. Aut horized law enfo rcement purposes mean that your use must be associated with an ongoing in vestigation, target of in vestigation, andlor targeted enforcement activities. (2) Q uerying the Commercial LPR Data Service : A license plate number is req uired for every query of the commercial LPR data service. (3) Use of Commercial LPR Data: You will not take enforcement action based solely on data collected from Vigilant's LEARN database. LPR data must be supplemented with othe r investigative information before enforceme nt action is taken. (4) Auditing User Activity: All actions that you take while logged into the database will be recorded in an aud it log. This audit log will be available to DHS Agency Managers quarterl y, and to supervisors and the ICE Office of Professional Responsibility upon request. (5) Addi ng License Plate Numbers to Alert Lists: You may onl y add license plate numbers to an Alert List that relate to an ongoing ICE investigation or en forcement acti vity. You wi ll not gather and add li cense plate numbers to Alert Lists based solely on race. ethnici ty, nationality, religio us affiliat ion, sex, sex ual orientation, or other protected status, unless authorized by law. You may onl y add a maximum of 2,500 li cense plates to a single Alert List. (6) Removin g License Plate Numbers from Alert Lists : You must remove license plates from Alert Li sts once they no longer relate to an ongoing ICE investigation or enforcement activity. (7) Free-Text Field: Yo u must complete the free-text field to reference the specific case for whi ch a query was performed. At a mini mum, you must enter the subject's name, and either the corresponding case number or Alien Registration Number (A-number). (8) Data Retention: You will retain relevant query results in the appropriate case file or IT system accord ing to the corresponding records retention schedule. You wi ll not retain LPR data that is not related to an ICE investigation or enforcement activity . (9) Trainin g: Before accessing Vigilant's LEARN LPR data service, you must have a lready completed training on the use of this database, as well as annual pri vacy and records training. ( 10) Penalties: Unauthori zed or improper use of the system may subject you to disc ipline, in accordance with ICE policy. Acknowledgment: I acknowledge receipt of, understand my responsibil ities, and will comply with the ru les of behavior for Vigi lant's LEARN LPR data service. 2018-ICLI -00035 1278 127'9 From : Sent: To : kb)(6);(b}(7)(C) Cc: Rahi lly, Lyn M ;Price, Corey A;Weinberg, BiII;# HSI CHI EFS OF STAFF;Johnson, 24 Jan 2018 18:10:59 -0500 I kb)(6);(b)(7}(C) ~m ith, Amber;~b)(6); (b}(7)(C) Liz£b)(6);(b }(7)(C) Corey A Subject: ~ Price, RE: Reporter asking about LP R solicitation Thank you, I will make that change From: == '~;;;;;~J24. Sent: l2 To: ~b)(6);(b')(7}(C) . '~ 20183:51 PM I .. . Cc: anilly, Lyn M; nce, Corey A; Weinberg, Bill; # HSI CH IEFS OF STAFF; Johnson, LIZ; Kb)(6);(b}( I Kb)(6);(b)(7}(C) I Sm ith, Amber;kb)(6):(b}(7)(C) I Price, Corey A Subject: RE: Reporter asking about lPR solicitation Fb)(6);(b}(7)( I Fb}(5);(b}(7)(E) Thanks, f hllRl-lhll7ltrl Chief of Staff l Enforcement Dil'ision Enforcement and Removal Operations U,S. Imm t ratT n and Customs Enforcement (202) 732 b}(6 (0) I (202) 302kh\(fl\I(C) From: kb)(6);(b)(7}(C) Sent: Wednesday, January 24, 2018 3:04 PM To: Fb}(6l:1b}(7}(C} I Rahilly, Lyn M; Price, Corey A; Weinberg, Bill; Smith, Amber; # HSI CH IEFS OF STAFF Cc: Johnson, Liz; iikhij)(j[ RlU '(hiijlll ajC \(cEIL :==::;=========:::J Subject: RE: Reporter asking about LPR solicitation Thank you fo r the ed its, 81. Just to ensure everyone is clear, here is an amended version of what OPA plans to provide: b)(5);(b)(7}(E) 2018-ICLI-00035 1280 b)(5);(b)(7)( E) From: ~b)(6); (b)(7)(C) I Sent: Wednesday, January 24, 2018 2:54 PM To: i b)(6Hb)(7)(C) I Rahilly, Lyn M; Price, Corey A; Weinberg, Bill; Smith, Amber; # HSI CHIEFS OF STAFF Cc: Johnson, Liz;.~kbili)(~ 6)ill ;(bilixl! 7)~ (cI) Subject: RE: Reporter asking about lPR solicitation =;:::;:=;;:::::;::::;::;:::=====::J f Hi b)(6)1 OAQ comments are as follows: 2018·ICLI·00035 1281 b}(5);(b}(7)(E) Please let us know if you need any additional information. Thanks, ~:-~::. )(6.::.);,:(bX::-7,,-)(C...:):----;::-_---;-:!1 CPPB, CFCM Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAO) Phone: 202-732-1£iilliill Mobile: 202-34St b)(6);( I Email: kb)(6);(b}(7)(C) I NOT[CE: Th is communication may contain privileged or otherwise confidential information. [fyou are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, o r copying of this message is strictly prohibited. Please inform the sender that you rece ived this message in error and delete the message from your system. From: Rb)(6);(b}(7)(C) I Sent: Wednesday, January 24, 2018 2:11 PM To: !(b)(6Hb}(7)(C) I Rahilly, Lyn M; Price, Corey A; Weinberg, Bill; Smith, Amber; # HSI CHIEFS OF STAFF Cc: Johnson, Liz; ~kb~)(~6)g(~ b)~ (7~)(C~)~;:~:;:;;::~:;;:;:====:::J Subject: OPA: Reporter asking about LPR solicitation Hello a ll , we have our first query on thi s from Russell Brandom w ith the The Verge who saw the posting of the so lic itation and PIA. I'm dusting off the statement we had drafted in anticipation of media inquiries. Please see below and let us know if thi s is still good to go. I just changed " is issuing" to "has issued" in the first sentence. b)(5);(b}(7)(E) 2018-ICLI -00035 1282 b}(5);(b}(7)(E) Su ject: FW: Draft OPA statement on l PR solicitation Cleared by Malt as edited. Also, Malt suggest titat OAQ clear the language regarding tile price negotiations. 2018-ICLI -00035 1283 From : Johnson, liz Sent: Friday, December 15, 2017 2:29 PM To: Bta nk, Thomas Atbence, Matthew Price, Corey A kb)(6):(b}(7)(C) . Rahilly, Lyn M 'OUE!H)·M'ED SIM1J. IUSiNESS 1~ CllacOl,lN1TER ~S ~ ~-- 20273 ~ b)(6).(b)(7)(C) • ISSUW BY " 70CDCR18QDoOOOD05 70CDCR18P00000017 ~ ICE/Detention Complia nce & Removals I mmigration and Customs Enforcement Office of Acquisition Manegement 801 I Street , NW tb)(6l:1b)(7XC I ASHINGTON OC 20536 1485082860000 CE-ERO-FHQ-CED WEST PUBLISHING CORPORATION PO BOX 64.833 SAINT PAUL MN 55164 DHS . ICE Burlington Finence Center P . O. Box 1620 Attn: ICE-ERO-FHQ-CED Williston VT 05 495-1620 17'Q.D"lECK . !I04ITUHC!A.DIFFEIII!NT ~P~ lIS "'Of'FEIII t'u ~lC 6L~L• [aroc :>tre ~m.• Jl b0197-bZ9Z -- -- --.- ~ " ITEM NCI SCHEDOA.e OF 1I.PPLII!8."SERlf.CES DUNS Number: 148508286 overnment POC: kb)(6):(b)(7)(C) Phone: 202- 7 32-ibW6HI Email: ~b )(6 ), (b)(7)(C) Government POe: AlbW6HbKIWC) Ph one : 202-732 ~b)(6):n Email: gtJX6),(b)(7)(C) - c lEE I\tlDENClU~ ISCHECKED " ~ I " ,-, " " ~- -- I I I I Cont ra cting Officer : Kb)(6),(b)(7)(C) Pho ne : 202-7 32-ihVF,\ I r (Use RlIw,u anGtlr Attach AdcJitJOIlai Sh~/s IS NflCesntyJ TOTIIIl ~:: .t.MOIJHT ~ GeM 25 ACC()UN1lHGANOAPPROPRIATIOH OATIII See schedule 21. SOLICITIllTION CNCORPORATES BY REFERENCE FAA 52 212-1. 52 212-'1 FAA 52 212-3 AND 52 212~ AAE IIITTACHED A.ODENDA CONTRACTIPURCHIP\.IESiSEIMCCS (A) (B ) (e) UNIT (D) UN IT PRICE AMOUNT (E) (F) apply only to t he purchase order resulting for ICE solici t ation 70COCR18Q00000005 . Exempt Action : Y Sensitive Award : PII Period of Performance : 12/22/2017 to 09/21/2020 0001 Base Period - 12/22/2017 - 01/31/2018 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . Product/Service Code : 0317 Product/Service Descript ion : IT AND TELECOMWEB-BASED SUBSCRIPTION Requisi t ion No : 192118FLMURQ0008 , 192118FUGOPS12087 b}(4);(b}(7)(E) Per~od 0002 of Performance : 12/22/2017 to 01/31/2018 Option Period 1 - 02/01/2018 - 01/31/2019 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . 12 MO I(option Line Item) Amount : kb)(4) 02/20/2018 Product/Service Code : 0317 Product/Service Description : I T AND TELECOMWEB-BASED SUBSCRIPTION rb}(4);(b}(7)(E) Period of Performance : 02/01/2018 to 01/31/2019 0003 Option Period 2 - 02/01/2019 - 01/31/2020 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users) Continued ... NSN 7S4()..()t · t52-8067 12 MO OPTIONAl. FORM:J.3Il (HI6) Sponsored 2018-ICLI -00035 1294 b\' GSA FAR (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLISHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) Th is is a Firm-Fixed Price (FFP) CL IN . Amoun t : ~kb~XB4~)========~h Op t io n Line Item) OS/20/2018 Product/Service Code : D317 Product/Service Descripti o n : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2019 to 01/31/2020 0004 Optio n Period 3 - 02/01/2020 - 09/30/2020 ACCESS TO LICENSE PLATE SYS TEM (Al l I CE Users) This is a Firm-Fixed Price (FFP) CL IN . 8 MO ~b)(4 ) Amoun t : kh\(4\ I( optio n Line Item) 08/20/2018 Product/Service Code : 0317 Product/Service Descript ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2020 to 09/30/2020 I nvoice Ins t ructions : ICE - ERO/ HSI Con t rac t s Service Providers/Cont ractors shall use t hese procedures whe n submi t ti ng an invo ice . 1 . I nvo i ce Submission : Invoices s ha l l be submitted in a " . pdf " format i n accorda n ce with t he contract te rms a nd conditions [Contract Special i st and Con t rac t ing Officer to d i sc l ose if o n a mo n th l y basis or other agreed to terms " ] via e mai l , Un ited States Posta l Service (USPS) or facs imi l e as follows : a) Email : • kb\(6Hb\I7\(C\ • Cont ract ing Off i cer Representat i ve (COR) or Gover nme n t Poi n t of Contact (GPOC) • Con tract Specia l ist/Co n tracting Officer Each email sha l l contai n o nl y (1) invoice a nd the i nvo i ce number shall be indicated on the subject l i ne of the email . b) USPS : Cont inued NSN 7540-01·152-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 1295 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO.OF DOCUMENT BEING CONTINUE D CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO. SU PPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) DHS , ICE Fi na nc ia l Operations - Burlington P . O. Bo x l620 Williston , VT 05495-1620 ATTN : I CE-ERO-FHQ-CED The Con t rac t o rs Data Un iversal Numberin g System (DUNS) Number mus t be registered and ac tive i n the System f o r Award Man age men t (SAM) at h t t p s : //www . sam.gov prior to award and s hall be nota t ed on e v er y i nvoic e s ub mi t ted to e ns ure p romp t payment prov is i o ns are met . The I CE p rogram office ident if ied in the task order/co n tract shall also be nota t ed on e v er y i nvo i ce . c ) Fa cs imi l e : Alternative Invoices shall be submitted t o : {802)-288-7658 S ubmi ssions by facsi mi le shall include a cov er sheet , point o f contact and the n umber of total pages . No te : the Service Providers o r Con t racto rs Dunn and Bradstreet ( D&8) DUNS Number mus t be r egis t ered in t he System for Award Mana geme nt (SAM) at h ttps : //www . sam . gov p rior to award and shall be no tated on ever y invo i ce submi tted to e ns ure prompt payment p ro vis ion s are me t . Th e I CE p rogram office ident if ied in the task order/co n tract shall also be nota t ed on e v er y i nvo i ce . 2 . Content of I nvo ices : Each i nvoice shall conta i n t he fo l lowin g i nformati on in acco r dance wi th 52 . 212-4 (g) , as applicable : ( i ) . Name and address of t he Serv i ce Provider/Contractor . Note : the na me , address and DUNS number on the invoice MUST matc h t he i n for mati o n in b oth the Contrac t/ Ag reeme n t and t he in formatio n in t he SAM . If payment i s remitted to another entity , the name , address and DUNS information of that entity mu st also be provided which wil l require Governme n t Continued .. . NSN 7S4ll-Ot·t52-8067 OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 1296 Sponsored b\' GSA FAA (03 CFR) 53. '1 0 FER ENCE NO. O F DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLIS HI NG CORPORAT I ON ITEM NO. SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) verifica t ion before payment can be processed ; (ii) . Dun n and Brads t ree t (D&B) DUNS Nu mber : ( i ii) . I nvoice da t e a nd invoice number ; (iv) . Ag ree men t /contrac t nu mber , con t rac t line item number and , if applicable , the order n umber ; (v) . Description , qua n tity , unit of measure , un it price , exte nded price a nd period of pe r for mance o f the i t e ms or services delivered ; (vi) . If applicable , shipp ing number and da t e of shipmen t, i n cluding the bill of ladi ng n umber and weight of shipmen t if shipped on Governmen t bill o f lading ; (vii) . Terms o f a n y discou nt for prompt paymen t offered ; (vii i ) . Remit to Address ; ( i x) . Name , title , a nd phone number of person to reso l ve invoicing iss ues ; ( x ) . I CE program office designated o n order/co n tract/agreement a nd ( x i) . Mark invoice as "In terim " (Ongoing performa n ce and addi t ion al bil l ing e xpected) a nd " Fina l" (performa n ce complete and no additiona l billi ng) ( x ii) . El ectron ic Fu nds Tra n sfer (E FT ) ban king i n for matio n in accordance with 52 . 232 - 33 Payme n t by El ectron ic Funds Tra n sfer - System for Award Manageme n t or 52 - 2 32 - 34 , Payme n t by Electro n ic Funds Transfer - Other tha n System for Award Manageme n t . 3 . I nvo i ce Supporting Documentation . To ens u re payme n t , t he vendor mu st submit support ing docu mentat i on which provides s ubstantiation for t he invoiced costs to t he Contracting Of f icer Represe n tative (COR) or Poi n t of Contact (POC) identif i ed in the con tract . Invoice charges must Cont inued .. . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 1297 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BEING CONTINUE D CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO_ SU PPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) align with t he con tract CLINs. Supporting documen t ation is required when guaranteed minimums are exceeded and when allowable costs are incurred . (i ii ) Fi rm Fixed-Price CL INs . Supporting docu men ta t io n is not re qu ired f or charges for FFP CLINs . 4 . Safeguarding I n for mati o n : As a contractor or v endor conducti ng business with Immi g ra ti o n and Customs Enforcement (ICE) , you are required to comply with DRS Po lic y regarding t he sa f egua rding o f Sensitive Personally Ide n ti f iable In form at io n (P Il ) . Sensitive PIl is in fo rmation t ha t iden ti f i es an i nd iv idual, in cl ud i ng an alien , and could result i n harm , e mbarrassme n t , i nco nve ni e nce or u nfa irness . Examples o f Sensitive PI I i nc l ude i nformat i on such as : Socia l Security Numbers , Al i en Re gist rat i on Numbers (A-Numbers), or comb inat ions o f i n forma ti o n such as the individua ls na me or other u ni que iden ti f i er and fu l l date o f birth , c i tizens h ip , or i mmi g ra t ion status . As pa rt of your obli ga t io n t o safeguard i nformati o n , the fol low precautions are re qu ired : (i) Email s uppo rt i ng doc ume n ts containing Sensitive PI I i n an e nc r ypted attachmen t with password sent separate l y to the Contracting Officer Representative assigned to the con t rac t . Iii) Never leav e paper doc umen ts con ta i ni n g Sensitive PI I u na t te nded and u ns ecure . Whe n no t i n use , t hese doc ume nts will be l ocked in drawers , cabinets , desks , e t c . so the i nformati on is no t accessib le to t hose without a need to kno w. (iii) Use s h redders whe n discarding paper documents contain i ng Sensitive PI I . (iv) Refer to the DHS Ha ndboo k for Safeguarding Sensitive Pe rso n a l ly Iden t i f i able In f orma t ion (Marc h 20 1 2) found at f b )(7){E) Continued NSN rS4ll-Ot·t52..aoor OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 1298 Sponsored b\' GSA FAA (03 CFR) 53. '10 FERENCE NO_OF DOC UMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAME OF OFFE ROR OR CONTRACTOR WEST PUBL I SHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES (A ) QUANTITY (8 ) (e ) UN IT ( D) UN IT PRICE ( E) AMOUNT (F ) f for mo re informatio n on a nd /or examp les of Sens it ive PIr. 5 . I nvoice Inqu i ries . I f yo u have q uest i ons regardi ng p a yment , please contact ICE Fin a n cia l Ope r a t io ns at 1-877- 491-6521 or b y e-mai l at kb)(6):(b}(7)(C) The t ota l a mou nt of a ward : k b)(4) The obli g at i on f o r th i s a ward i s s ho wn i n bo x 26 . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6 ) 2018-ICLI -00035 1299 Sponsored by GSA FAA (03 CFR) 53. ' 10 Statement of Work Access to License Plate Reader Commercial Data Service C.I. lNTRODUCTION AND BACKGRO UND. The intent of this Statement of Work (SOW) is to describe ICE's operational requirements to obtain querybased aeccss to a commcrcially avai lable Liccnsc Platc Rcadcr (LPR) databasc to support its cri minal and immigration law enforcement missions. A commercial LPR database stores recorded vehicle license plate numbcrs from camcras cq uippcd with liccnsc platc rcadcr technology. Rccords arc uploadcd into thc systcm from a variety of governmental and private sources including, but not limited to, access control systems such as toll road or parking lot camcras, vchiclc rcposscssion companics, and law cnforccmcnt agencics. Licenses to access the commercial database are sold to commercial consumers as well as 10 law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database. ICE wi ll use LPR information obtained in response to queries of the commercial database to further its criminal law enforcement and civi l immigration enforcement missions. ICE immigration enforcement personnel will query the LPR database using known license plate numbers associated with subjects of their immigration enforcement activities, to determinc whcre and when the vehicle has traveled withi n a specified period of time. The results of the queries will assist in identifyi ng the location of aliens to further ICE's immigration enforcement mission. ICE will also use LPR infonnation obtained from the commercial database to furthe r its criminal law enforcement mission, which includes investigations relatcd to national sccurity, illegal arms exports, fina ncial crimes, commercial fraud, human trafficking, narcotics smuggling, ch ild pornography, and immigration fraud. For example, use of LPR data in this context could he lp to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal activity, such as smuggling. Use of this data is expected to enhance officer and publ ic safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g. , away from a subject's residence if there are suspected to be children or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially available, query-based LPR database for ICE law enforcement personnel at ICE offices across the United States in the execution of their official law enforcement duties. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performance Requirements The vendor provides: Data Service ContentJScope • The LPR data service shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substant ial unique LPR detection records. • The LPR data service shall compile LPR from at least 25 states and 24 of the top 30 most populous metropolitan statistical areas to the extent authorized bv law in those locations. o A metropol itan statistical area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office 2018-ICLI-00035 1300 of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies fo r statistical purposes. • The LPR data service provider shall demonstrate the number of new unique records that were added to the commercially available LPR database each month for the last consecut ive twelve (12) months. • The LPR data service shall make avai lable at leastJO million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing similar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing simi lar services to other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instructions and guidance to fac ilitate usc of system. • The abil ity to compare new user requests with lists of personnel authorized by ICE to usc the vendor system. • Automatic verification of accounts with the ability to audit by using the user's Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or indirectly by the National Law Enforcement Telecommunication System (N LETS). • The ability to add new users or delete existing users within 24 business hours of ICE's request. • Ini tial training to orient personnel to the usc of their system, including " Help Desk" support related to the use, access, and maintenance of the system. • System training and "Esca lation Procedures" for agency managcr and shall include procedures for resetting passwords. • Unlimited technical support to each user. • Pcriodic or as needed updates to the web interface and mobile application. The vendor will employ appropriate technical, administrative, and physical security controls to protect the integrity, availability, and confidentiality of the data resident in its system. Functional Requirements Query Capabilities • Before a user is able to perform a query from the main system or mobile appl ication, the system must display upon logon a splash screen that describes the agency's pennissible uses of the system and data, and requires the user to affirmatively consent to these rules before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be avai lable to the users via a hyperlink within the main system interface (including any mobile app interface). o The agency will provide the language for the splash screen content. • All queries of the LPR data service shall be based on a license platc numbcr queried by the user only, and the data returned in responsc must be limited to matchcs of that license platc number only within the specified pcriod of time. 2018-ICLI-00035 1301 • The system will not permit user queries of the data service unless a license plate number is entered. A query can only be conducted by entering a liccnse plate number. • The query interface will incl ude a drop-down field fo r users to select a reason code for the query from a pre-populated list. The specific reason codes wil l be provided by ICE. This field is mandatory for conducting a query. • The query interface wi ll require a user to identify whether the user is entering data for him or herself or fo r another individual. If the user is entering data for another individual, the query interface will require the user to enter the name of the other individual. • The query interface must include a free- text field of at least 255 characters for user notes. This wi ll allow for additional information that will assist ICE in refcrencing the specific case for which the query was performed. Completing this field shall be mandatory for conducting a query. • The system will have the capability to limit the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface wi ll have a field for the user to select or input the appropriate timeframe fo r the query. o The system will display results only for LPR detecti on records within that timeframe (e.g. , only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets. • To ensure accuracy of information, the response to a query must include at least two photos on all hits. o Photos must be of sufficient quality to allow the user to visually confirm the license plate and vehicle make/model in the photo are the same as what is represented in the vendor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two different map views, nearest address, nearest intersection, date and time the license plate was captured, GPS coordinates, and source of the record. o The vendor shall provide a notification mechan ism in the event ICE users identify photographs that do not match the data in their system (license plate numbers or make/model mismatches). The vendor shall address all erroneous data. The vendor shall notify ICE and the ICE user of any inputted erroneous data and keep ICE and ICE users informed of corrections to erroneous data. • The vendor will not use any information provided by the agency (query data) for its own purposes or provide access or disclose such information to other customers, business partners, or any other individual or entity. • The vendor will not use ICE' s queries (the license plate numbers input into the system) for its commercial purposes. The vendor will only use the queries submitted by ICE to maintain an audit log. Alert List Capabilities • The LPR data service sha ll provide an "Alert List" feature that wi ll allow ICE users to save license plate numbers so they wi ll be automatically queried agai nst new records loaded into the vendor's LPR database on an on-going basis. Any matches wi ll result in a near real-ti me notification to the user. 2018-ICLI-00035 1302 • The LPR data service Alert Li st wi ll provide capabilities to share Alert List notifications between ICE users involved in the investigation. • The Alert List feature wi ll: I) Automatically match new incoming detection records to user-uploaded orentered Alert Lists containi ng the license plate numbers of interest in the investigation; 2) Send an email notification to the user originating such Alert List records and to any ICE user that has been shared the Alert List indicating there is a license plate match to new records in the system; and 3) Provide within the LPR system for download a PDF case fi le report for the match (wi th maps, vehicle images, and all pertinent detection & Alert Li st record information) for each email alert notification. The notification must be able to be limi ted to the user o r a use r group of ICE law cnforcement officers involved in the speci fi c investigation. The notification will comply with all applicable laws, including the Driver' s Privacy Protection Act of 1994 , 18 U.S.c. §§ 2721-2725. • The LPR data service wi ll allow specifica lly designated users to batch upload a maximum of 2,500 license plate records into the "Alert List". The batch upload will be in the form of a si ngle comma separated variable (CSV) fil e with data fiel ds to include, but not limited to the fo llowing: Plate number; State of Registration; Vehicle Year, Make, Model & Color; reason code and an open text fi eld, of at least 255 characters, fo r a user note to assist in referencing the specific purpose / investigation / operation for which the query was performed. • • The Alert List function wi ll include an automated capability that fl ags license plates for de-confliction. License plate pictures taken with the automated Optical Character Recognition (OCR) plate numbcr translation shall be submitted to the LPR data service system for matching with license plates on any eurrent ICE Alert List. Any positive matches shall re turn to the iOS appl ication (identified below) alerting authorized users of a positive match. These pictures will be uploaded into the data service que ry by an authorized ICE user along with any mandatory information needed fo r a no rma l query. The pictures will be retained in the vendor's system for audit purposes only and wi ll not be otherwise accessible or usable for search purposes. • Each license plate number on an Alert List wi ll be va lid for one year unless the user removes it before expiration. The system wi ll prompt use rs two weeks prior to expiration and require the user to a ffirmati vely indicate that there eontinues to be an operational requi rement to keep the particular license plate entry on the Alert List active, or be given the option to delete the license plate from the Alert List. Prompts should continue periodically until the expiration date is reached. The system will grant the user an additional week after expirat ion to re new the entry in the Alert List. If the user does not re new, the system shal l remove the license plate number from the Alert List. • All Alert List activity shall be audited to capture user name, date and time, reason code, and use r note associated with the query, as well as license plate number entry, deletion, renewal, and expiration fro m the alert list. • The vendor shall not retain any data entered onto an Alert Li st except as part of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert List. Mobile Device Capabilities • The LPR data service shall fea ture an iOS-compatible mobile appl ication that allows authorized ICE users to: o Query the LPR data service by entering the license plate number, state of registrat ion, reason code, and the ability to add returned positive matches into the Alert List. 2018-ICLI-00035 1303 • o Have quick access and recall of any queries and Alert Lists associated with the user or designated user group. The vendor application wi ll delete any saved data on the mobile device after 60 days, ifnot already deleted manually by the user. o Provide capabilities to share Alert List notifications between ICE users involved in the investigation. The mobile application wi ll conform to all other performance, privacy, and functional requirements identified in the SOW. The vendor shall coordinate with ICE to make sure that the mobile application undergoes the required privacy assessment prior to use. Audit alld Reporting Capabilities • The vendor shall generate an immutable audit log in electronic fo rm that chronicles the fo llowing data: o Identity of the user initiati ng the query or the person on whose behalf the query is initiated, if diffe rent; o Exact query entered, to include license plate number, date limitations, geographic limitations (if applicable), reason code, and any other data selected or input by the user; o Date and time of query; and o Results of the query. • All Alert List activity shall be aud ited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall provide to IC E user audit reports on a quarterly basis and upon request. Audit reports shall contain the audit log information of a given user(s) for the specified period of time. The vendor shall provide the audit log in electron ic form via secure transmission to ICE promptly upon request. The format of the audit log shall allow for ICE to retrieve user activity by user name (or 10), query entered (e.g., particular license plate) and date/time. The exact technical requirements and format for the audit log will be negotiated after contract award. • The vendor shall promptly cooperate with an ICE request to retrieve and provide a copy of the actual records retrieved from the LPR data service in response to a particular query, or any other data relevant to user activity on the vendor system, for purposes of the agency's internal investigations and oversight. • The vendor shall not use audit trai l data fo r any purpose other than those specified and authorized in th is contract. • The vendor is to provide quarterly, or upon request, statistics based on positive hits agai nst the number of requested searches and hit list. • The audit logs specified in this statement of work are records under the Federal Records Act. The vendor shall mai ntain these records on behalf of ICE throughout the life of the contract, but for no more than seven (7) years. The vendor is not authorized to share these records, or the Alert List data, with any outside enti ties incl uding other law enforcement agencies. At the end of the contract, the vendor shall extract, transfer, and load these records (including any still-active Alert List data, if requested by ICE) to another storage medium or location specified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After successful transfer of these records, the vendor shall ensure all copies of the records (incl uding any stil l-active Alert List data) are securely deleted from all networks and storage media under its control or under the contro l of any of its agents or subcontractors. The vendor shall meet the fo llowing Key Performance Parameters (KPPs): 2018-ICLI -00035 1304 1\1ctnc LPR Data Service l lnit of Mcasurc l\1immum Uptime - Unit of measure 100% > 99.0 Operating Schedu le 24/7/365 Scheduled downtime 99.0 Operating Schedule 24171365 Scheduled downtime 99.0% Validated User/Customer Complaints 100% Inspcction >99% Monitored monthly during the Transition In period. Contractor sel fmonitoring and Validated Use r/Customer Complaints 100% inspection Metrics will be reported in CPARS. Less than 5 seconds after submission 95% Monitored mo nthly during the life of the contract Contractor Selfmonitoring and Vali dated User/Customer Complaints 100% Inspection Metri cs wi ll be reported in CPARS. Performance Indicator 201B-ICLl -00035 130B 4. METHODS OF QUALITY ASS URANCE (QA) SURYE ILLANCE Regardless of the surveil lance method, the COR shall always contact the Contractor's task manager or onsite representati ve when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the CO, shall be responsible for monitoring the Contractor' s performance in meeting a specific performance standardlAQL. Various methods exist to monitor performance. The COR wil l use the surveillance methods listed below in the administration of thi s QASP. a. PER IODIC INSPECTION • Schedul ed quarterly inspection of audit logs or as required b. V AUDATED USER/CUSTOMER COM PLAIN TS The Contractor is expected to establ ish and maintain professional communication between its employees and customers. The primary objective of thi s communication is customer satisfaction. Customer sati sfaction is the most significant external indi cator of the success and effectiveness of all services provided and can be measured through customer complaints. Perfonnanc e management drives the Contractor to be customer focused through initially and internal ly addressing customer complaints and invest igating the issues and/or problems but the customer always has the option of commun icating complaints to the COR, as opposed to the Contractor. Customer complaints, to be considered va lid, must be set forth clearly and in writing the detailed nature of the compla int, must be signed, and must be forwarded to the COR. Customer fee dback may also be obtained either from the resu lts of customer satisfaction surveys or from random customer complaints. • • • Review of identifi ed defic iencies and or complaints made by users of the services Investigate and validate Review of notification of report d iscrepancies c. 100% INSPECTION • • • • Review of LPR Data Service uptime Review of Scheduled Downtime Review Meantime Between Fail ure (MTB F) Review Overall Support Service Availab il ity d. Analysis of Contractor's progress report . The Contractor is req uired to provide a weekly progress report that will be used to communicate the Contractor's status in the Transition phase. e. Performance reporting. Survei llance results will be used as the basis for actions aga inst the Contractor Past Performance Report. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO's actions. 2018-ICLI -00035 1309 5. DOCUMENTI NG PERFORMANCE Documentation must be accurate and thorough. Completeness, currency, and accuracy support both sati sfactory and unsatisfactory perfonnancc a. ACCEPTABLE PERFORMANCE The Government shall document positive performance. All positive performance should be documented by an email to the COR describing the outstanding perfonnance and why it is of value to the Government. This information shall become a part of the supporting documentation for the Contractor Performance Assessment Reporting System (CPARS) and the QASP b. UNACCEPTABLE PERFORMANCE When unacceptable pcrfonnancc occurs, the COR shall infonn the Contractor. This will be in writing unless circumstances necessitate verbal communication. in any case the COR shall document the discussion and place it in the COR file. When the COR determines formal wri tten communication is required, the COR shall prepare a Contract Di screpancy Report (CDR), and present it to the Contractor's representati ve. A CDR template is avai lable upon request to the Contracting Officer. The Contractor wi ll acknowledge recei pt of the CDR in writing. The CD R will spec ify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable perfomlance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to prese nt th is corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to detennine acceptability. Any CDRs will become a part of the supporting documentation for Past Performance. 6. FREQUENCY OF MEASUREMENT Wh ile the Contractor is fully expected to comply with all requirements in the PWS, the Government's assessment of Contractor performance will focus mainly on the objectives listed in the AQL column of the Performance Standards Summary Matrix. The COR wi ll monitor the Contractor's performance to ensure it meets the standards of the contract. Unacceptable perfonnance may result in the Contracting Officer taking any of the fo llowing actions: Require the Contractor to take necessary action to ensure that future perfonnance confonns to contract requirements, reduce the contract price to reflect the reduced value of the services, issue a Contract Discrepancy Report, or require the Contractor to re-pcrfonn the service. In addition, the Contractor 's performance will be recorded annually in the Contractor Perfonnance Assessment Report (CPAR). Signature - Contracting Officer's Representative Signature - Contracting Officer 2018-ICLI -00035 1310 ATrACHMENT 3: TE RMS AND CON DI T IONS CUSTOM CO ADDED TERM S AN D CON DITIONS In the case ofa conflic t between the terms and conditions of the contractor's agreement and the terms and cond itions of this purchase order, all appl icable federa l statutes and regulations shall govern. 52.204-21 BASI C SAFEGUARDING OF COVE RED CONTRACTOR INFORMATION SYSTEM (JUN 2016) (a) Definitions. As used in this clause"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract informat ion. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or del iver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. " Information" means any commun ication or representation of knowledge such as fac ts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Securi ty Systems Instruction (CNSSI) 4009). " Information system" means a discrete set of information resources organized fo r the col lection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or control s that are prescri bed to protect info rmation systems. (b) Safeguarding requirements and procedures. (\) The Contractor shall apply the following basic safeguarding rcquircments and procedures to protect covered contractor infonnat ion systems. Requiremcnts and procedures fo r basic safeguarding of covered contractor informatio n systcms shall include, at a minimum, the following security controls: (i) Limit informa tion system access to authorized users, processes acting on bchalf of authorized users, or devices (including other information systems). (ii) Limit infonnation system access to the types of transact ions and funct ions that authorized users are pennilled (0 execute. (ii i) Verify and control/limit connections to and use of external informat ion systems. (iv) Control infonnation posted or processed on publ icly accessible information systems. (v) Identify information system users, processes acting on behal f of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowi ng access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Infonnation before d isposal or release for reuse. (viii) Limit physical access to organizational infonnation systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases arc available. 2018-ICLI-00035 1311 (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguardi ng requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including th is paragraph (c), in subcontracts under this contract (including subcontracts fo r the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its info rmation system. 52.209-07 INFORMATION REGARDING RESPONS IBILITY MATTERS (JUL 2013) (a) Defi nitions. As used in this provision. "Admini strative proceeding" means a no n-judicial process that is adjudicatory in nature in order to make a detem1ination of fault or liabi lity (e.g., Securities and Exchange Commission Administrative Proceedings, Civi lian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State leve l but only in connection with performance of a Federal contract or grant. It does not include agency actions suc h as contract audits, site visits, corrective plans, or inspection of deliverables. " Fcderal contracts and grants with total value greater than $ 10,000,000" means. (I) The total value of al l current, active contracts and grants, including all priced options; and (2) (2) Thc total value ofa l! currcnt, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). " Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibi lities within a business ent ity (e.g., general manager; plant manager; head ofa division or business segment; and similar positions). (b) The offeror [1 has [ ] does not have current active Federal contracts and grants with total value greater than S I 0,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (F APII S) is current, accurate, and comp lete as of the date of submission of this offer with regard to the fo llowing information: (1) Whether the offeror, and/or any of its principals, has o r has not, within the last fi ve years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a fi nding of fault and liabil ity that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more. (ii i) In an administrative proceeding, a findi ng of fault and liabi lity that rcsu lts in. (A) The payment of a monetary fine or penalty of$5 ,000 or more; or (B) The payment ofa reimbursemcnt, rcstitution, or damages in exccss ofS 100,000. (iv) In a criminal, civil, or administrative procecd ing, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor ifthc proeecding could have led to any of the outcomes specified in paragraphs (c)( I lei), (c)( I )(ii), or (c)( I )(iii) of this provision. 2018-ICLI-00035 1312 (2) [fthe offeror has been involved in the last five years in any of the occurrences listed in (c)(I) of this provision, whether the offeror has provided the requested infonnation with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)( I)(i) through (c)(I)(iv) of this provision in FAPllS as required through maintaining an active registration in the System for Award Management database via https:llwww.acquisi tion.gov(see52.204-7). S2.212-IINSTRUCTIONS TO OFFERORS. COMMERCIAL IT EMS (J AN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisi tion appear in Block [0 of the sol icitation cover sheet (Sf. [449). However, the small business size standard for a concern which submi ts an offer in its own name, but which proposes to furnish an item which it did not itse[fmanufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF [449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show. ([) The sol icitation number; (2) The time specified in the solicitation fo r receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A tcchnical dcscription ofthc itcms bci ng offcrcd in sufficient detail 10 cva[uatc comp[iancc with thc requircments in thc solicitation. This may include productl itcrature, or other documents, if necessary; (5) Tern1s of any express warranty; (6) Price and any discount terms; (7) " Rcmit to" address, if different than mai ling address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete e lectronically); (9) Acknowledgment ofSo[ici tation Amendments; ([ 0) Past performance information, when included as an evaluation fac tor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (II) Irthe offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the tenns and conditions of the sol icitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer finn for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the sol icitation. (d) Product samples. When required by the sol icitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in Ihis solicitation, these samples shall be submitted at no 2018-ICLI-00035 1313 expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward test ing. (e) Multiple offers. Offerors are encouraged to submit mUltiple offers presenting alternative terms and condit ions, including alternative line items (provided that the alternat ive line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitat ion. Each offer submitted will be evaluated separately. (t) Late submissions, modifications, revisions, and withdrawals of offers. (I) Offerors arc responsible for submining offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time speci fi ed in the sol icitation. lfno time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and. (A) lfit was transmitted through an cleetronic commerce method authorized by the sol icitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (8) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this sol icitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to estab lish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, othcr documentary evidence ofreceipt maintai ned by the installation, or oral testimony or statements of Government personnel. (4) If an cmergeney or unanticipated event intelTUpts normal Govcrnment processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the so licitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the firs t work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral so licitations may be withdrawn orally. If the sol icitation authorizes facs imile offers, offers may be withdrawn via facsimile received at any time before the exact time set fo r receipt of offers, subject to the conditions specified in the sol icitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is establ ished and the person signs a receipt for the offer. (g) Contract award (not applicable to Invi tation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct di scussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such 2018-ICLI-00035 1314 action is in the public interest; accept other than the lowest offer; and waive informali ties and minor irregularit ies in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qual ifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right 10 make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availabi lity of requirements documents cited in the sol icitation. (I)(i) Thc GSA Indcx of Fcderal Spccifieations, Standards and Commercialltcm Descriptions, FPMR Part 101-29, and copics of spccifications, standards, and commcrcial itcm descriptions cited in this solicitation may be obtaincd for a fee by submitting a request to. GSA Fcderal Supply Scrvicc Spccifieations Sect ion Suitc 8100 470 East L' Enfant Plaza, SW Washington, DC 20407 Telephonc (202) 619-8925 Facsimile (202) 6 19-8978. (ii) Ifthc Gcncral Serviccs Administration, Dcpartmcnt of Agriculturc, or Departmcnt ofYctcrans Affairs issucd this sol icitation, a single copy of spccifieations, standards, and commercial item descri ptions citcd in this solicitat ion may be obtaincd free of charge by submitting a request to the addressec in paragraph (i)(1 lei) of this provision. Additional copies will bc issucd fo r a fcc. (2) Most unclassified Defense specifications and standards may be downloadcd from the fo llowing ASSIST wcbsites: (i) ASSIST (https:llassist.dla.mil/online/startJ). (ii) Quick Search (http;llguieksearch.dla.mi ID. (ii i) ASS1STdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by. (i) Using the ASSIST Shopping Wizard (https:llassist.dla.millwizardlindex.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (ii i) Ordering from DoDSSP, Building 4, Section 0 , 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their prcparation, publication, or mai ntenance. U) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of$3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" 2018-ICLI-00035 1315 followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (E FT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying al ternative EFT accounts (see subpart 32 . 11) for the same entity. If the Offeror does not have a un ique enti ty identifier, it should contact the enti ty designated at www.sam.gov fo r unique entity identifier establishment directl y to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the enti ty designated at www.sam.gov for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, duri ng performance and through final payment of any contract resulting from this sol icitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracti ng Officer wi ll proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through hllps://www.acquisition.gov. (I) Debriefin g. If a post-award debriefing is given to requesting offerors, the Government shall diselose the following information, if applicable: (I) The agency's evaluation of the significant weak or deficient fac tors in the debriefed offeror' s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commcrcial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable respo nses to relevant quest ions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, appl icable regulations, and other applicable authorities were fo llowed by the agency. (End of provision) S2.212-2EVAL.. UA TION. COMMERCIAL.. ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: I. Technical Approach II. Past Perfonnance II I. Price Technical and past performance , when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option 2018-ICLI-00035 1316 prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A writtcn noticc of award or acceptance of an offer, mailed or otherwise furnishcd to the succcssful offcror within the time for acceptance specified in the offer, shall result in a binding contract without fu rther action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 (NOV 2017) OFFEROR REPRESENTATIONS AND CERTIFICATIONS. COMMERCIAL ITEMS The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electron ically via the System fo r Award Management (SAM) website located at https:llwww.sam.gov/portal. If the Offcror has not completed the annual represcntations and ccrtificatio ns electronically, thc Offeror shall completc only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision. "Econom ically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which arc controlled by, onc or morc womcn who arc citizcns ofthc Unitcd Statcs and who arc economically disadvantaged in accordance with 13 CFR part 127. It automatically quali fies as a women-owned small business eligible under the WOSB Program. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or morc cntitics that control an immcdiate owner of tile offeror. No entity owns or exercises control of the highest level owner. " Immediate owner" means an entity, other than the offeror, that has di rect control of the offeror. Indicators of control include, but are not limited to, one or more of the fo llowing: ownership or interlock ing management, idcntity of intcrests among family mcmbers, shared fac ilitics and cquipment, and the common usc of cmployees. " Inverted domestic corporation", means a fore ign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(bl, appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except. (I) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Ani mals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Gradcs of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricul tural and Forestry Products; (8) PSC 96 10, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. " Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the fi nished product that is to be provided to the Government. If a product is disassembled and reassembled, the place ofreasscmbly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mi neral extraction activities, o il-related activities, or the production of mi litary equipment, as those terms are defined in the Sudan Accountability and Divestment Act of2007 (Pub. L. 110-174). Restricted business operations 2018-ICLI -00035 1317 do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Di vestment Act of2007) conducting the business can demonstrate. (\) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Arc conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providi ng goods or services to marginalized populations of Sudan; (4) Consist of providi ng goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education ; or (6) Have been voluntarily suspended. "'Sensitive technology". (\) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically. (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Docs not include information or inforn1ational materials the export of which the President docs not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 V.S.C. l702(b)(3». "Service-disabled veteran-owned small business concern". (\) Means a small business concern. (i) Not less than 5 1 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 5 1 percent of the stock of which is owned by one or more servicedisabled veterans; and (ii) The management and dai ly business operations of which are controlled by one or more service-disabled veterans or, in the case ofa service-disabled veteran with permanent and severe disabi lity, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 V.S.c. 101(2), with a disability that is servieeconnected, as defined in 38 V.S.c. 101( 16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the ficld of operation in which il is bidding on Government contracts, and qualificd as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that. (\) [s at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by. (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exc lusions set forth at 13 CFR 124. 104(c)(2); and (2) The management and dai ly business operations of which arc controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (I lei) and (ii) of this defin ition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned. (1) Directly by a parent corporation; or (2) Through anothcr subsidiary ofa parent corporation. "Veteran-owned sma ll business concern" means a small business concern. 2018-ICLI-00035 1318 (i) Not less than 5i percent of which is owned by one or more veterans (as defined at 38 U.S.c. iO 1(2» or, in the case of any publicly owned business, not less than 5i percent of the stock of which is owned by one or more veterans; and (2) The management and daiiy business operations of which arc controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that oniy changes its name. The extent of the responsibility of the successor fo r the iiabii ities of the predecessor may vary, depending on State iaw and specific circumstances. "Women-owned business concern" means a concern which is at least 5i percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small busi ness concern" means a small business concern. (i) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern el igible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(I) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically changc the rcpresentations and cert ifications posted on the SAM website. (2) The offeror has completed the annual representat ions and certifications electronically via the SAM website accessed through http://www.acquisition.gov.AfterreviewingtheSAM database information, the offeror verifies by submission of this offcr that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications.Commerciall!ems, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NA ICS code referenced for this solici tation), as of the date of thi s offer and are incorporated in this offer by rcfcrence (sec FAR 4.120 1), except for paragraphs _ _ _ _ _---, (Offeror to identify the appl icable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of th is solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accuratc, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be perfornled in the United States or its outlying areas. Check all that apply. (i) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (e)(l) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disab led veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only irthe offeror represented itsc1fas a sma ll busi ness concern in paragraph (c)(I) of this provision.] The offeror represents, that it 0 is, 0 is not a small disadvantaged business concern as defined in 13 CF R J 24.1002. 2018-ICLI-00035 1319 (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(I) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. (6) WOSB conccrn eligible under thc WOSB Program. [Complete only ifthc offcror rcprescntcd itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represenls that. (i) It 0 iS,D is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its el igibility; and (ii) It 0 is, 0 is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of thi s provision is accurate for each WOSB concern eli gible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern el igible under the WOSB Program and other small busi nesses that are participating in the joint venture: .] Each WOSB concern el igible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itse lf as a WOSB concern e ligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that. (i) It 0 is, 0 is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibi lity; and (ii) It 0 is, 0 is not ajoint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is aecurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that .] Each EDWOSB concern participating in the joint venture shall are participating in the joint venture: submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expectcd to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete on ly if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)( 1) of thi s provision.] The offcror represents that it 0 is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, smal1 business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract priee: __________- : _ - - - - _ : _ (\0) HUBlone small business concern. [Complete only if the offeror represenled itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents, as part of its offer, that. (i) It 0 is, 0 is not a HUBlone small business concern listed, on the date of this representation, on the List of Qualified HUBlone Sma ll Business Concerns maintained by the Small Business Administration, and no material changes in ownership and cOnlrol, principal office, or HUBlone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It 0 is, 0 is not a HUBlone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(IO)(i) of this provision is accurate for each HUBlone small business concern participating in the HUBlone joint venture. [The offeror shall enter the names of each of the HUBlone small business concerns participat ing in the HUBlone joinl venlure: .] Each HUBlone small business concern participating in the HUBlone joint venture shall submit a separate signed copy of the HUBlone representation. (d) Representations required to implement provisions of Executive Order 11246. (\) Previous contracts and compliance. The offeror represents that. 2018-ICLI-00035 1320 (i) It 0 has, 0 has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) [t 0 has, 0 has not filed all required compliance reports. (2) Affirmative Action Compliance. The offcror rcprcscnts that. (i) It 0 has developed and has on file, 0 has not developed and does not have on file, at each establishment, affi rmative action programs required by rules and regulations of the Secretary of Labor (4 [ cfr parts 60- [ and 60-2), 0' (ii) [t 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.c. 1352). (Appl ies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federa[ appropriated funds have been paid or wi ll be paid to any pcrson for infl ucncing or attempting to in !1uence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on hi s or her behalf in connection with the award of any resultant contract. [f any registrants under the Lobbying Di sclosure Act of [995 have made a lobbyi ng contact on bchalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMS Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom paymems of reasonable compensation were made. (f) Suy American Certificate. (Applies only if the clause at Federa[ Acquisition Regulation (FAR) 52.225- 1, Buy American.Supplies, is included in this sol icitation.) (I) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unk nown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as fo reign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially availab[e off-the-she lf(COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" arc defincd in the clause of this solicitation entilled " Buy American. Supplies." (2) Foreign End Products: Line Item No. Country of Origin [List as necessary] (3) The Government will evaluate offcrs in aecordance with the polieies and procedures of FAR Part 25. (g)( [) Buy American. Free Trade Agreements. Israel i Trade Act Cert ificate . (Appl ies only if the clause al FAR 52.225-3, Buy American. Free Trade Agreements. Israeli Trade Act, is included in th is solici tation.) (i) The offcror certifies that each end product, except those listed in paragraph (g)( 1)(ii) or (g)( 1)(iii) of this provision, is a domestic end produet and that for other than COTS items, the offeror has considered componcnts of unknown origin to have been mined, produced, or manufactured outside the United States. The terms " Bahrainian, Moroccan, Oman i, Panamanian, or Peruvian end product," " commercially available off-the-shelf(COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," 2018-ICLI -00035 1321 "Free Trade Agreement country end product," " Israeli end product," and "United States" are defined in the clause of thi s sol icitation entitled " Buy American. Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian cnd products) or Israeli end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. lsrael i Trade Act'": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani , Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (ii i) The offeror shall list those suppl ies that are fore ign end products (other than those listed in paragraph (g)( I)(i i) of this provision) as defined in the clause of this solicitation entitled " Buy American.Free Trade Agreements.lsraeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qua lify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 . (2) Buy American. Free Trade Agreemcnts. Israeli Tradc Act Certificate, Alternatc I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, subst itute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. Israel i Trade Act" : Canadian End Products: Line Item No. [List as necessary] (3) Buy American.Free Trade Agreemellts.Israeli Trade Act Certificate, Alternate [I. If Alternate II to the clause at FAR 52.225-3 is incl uded in this solicitation, substitute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: 2018-ICLI-00035 1322 (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American.Free Trade Agreements. lsraeli Trade Act"; Canadian or Israeli End Products; Line Item No. Country of Origin [List as necessary] (4) Buy American.Free Trade Agreements.Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the followi ng paragraph (g)( I )(ii) for paragraph (g)( I)(i i) of the basic provision; (g)( I )(i i) The offeror cert ifies that thc fo llowing supplies arc Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act"; Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in th is so licitation.) (i) The offeror ccrtifies that each end product, exccpt those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solic itation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that arc not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin [List as necessary] (ii i) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offcrs of U.S.-made or designated country end products wi thout regard to the restrictions of the Buy American statute. The Government will consider for 2018-ICLI-00035 1323 award only offers of U.S.-made or designated country end products unless the Contracting Officer detennines that there are no offers for such products or that the offers for such products are insuffic ient to fulfill the requirements of the so licitation. (h) Certification Rcgardi ng Responsibi lity Mattcrs (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror cert ifies, to the best of its knowledge and belief, that the offeror and/or any of its principals. (I) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ineli gible fo r the award of contracts by any Federal agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtai ning, attempting to obtain, or performing a Federal , state or local governmcnt contract or subcontract; violation of Federal or state antitrust statutes relati ng to the submission of offcrs; or commission of embezzlement, theft, forgery , bribery, fa lsification or destruction of records, making fa lse statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, comm ission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 '·Iave, 0 have not, within a three-year period preceding this offer, bcen notified of any del inquent Federal laxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered del inquent ifboth of the fo llowing criteria apply: (A) The tax liability is fina lly dctcrmined. The liabil ity is finally determi ned ifi t has been assessed. A liability is not finally dctcrmined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finall y determined unti l all judicial appeal rights have been exhausted. (9) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liabi lity when full payment was due and required. A taxpayer is not del inquent in cases where enforced collection action is prccluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax defic iency. This is not a delinquent tax because it is not a final tax liabi lity . Should the taxpayer seek Tax Court review, th is wi ll not be a final tax liabi lity until the taxpayer has exercised all judicial appeal rights. (9) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liabi lity, and the taxpayer has been issued a notice under I.R.C. §6320 entitl ing the taxpayer to request a hearing with the IRS Office of Appeals contcsting the lien fi ling, and to further appeal to the Tax Court if the IRS dctcrmi nes to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportuni ty to contest the liabi lity. Thi s is not a delinquent tax because it is not a final tax liabi lity. Should the taxpayer seek tax court review, this wi ll not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant 10 I. R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make fu ll payment. (D) The taxpayer has fil ed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under II U.s.c. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)( I) any end products being acquired under this solicitati on that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Chi ld Labor, unless excluded at.J (I) Listed end products. 2018-ICLI -00035 1324 Listed End Product Listed Countries or Origin (2) Certification. (If the Contract ing Officer has identified end products and countries of origin in paragraph (i)( 1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(i i) by checking the appropriate block.] o (i) The offeror will not supply any end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in thc corresponding country as listed for that product. o (i i) The offeror may supply an end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured chi ld labor was used to mine, produce, or manufacture any such end product furn ished under this contract. On the basis of those efforts, the offcror certifies that it is not aware of any such use of child labor. (i) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisi tion of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture ofthc end products it expects to provide in response to this solicitation is prcdominantly. (\) 0 In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regarding exemptions from thc application of the Scrvice Contract Labor Standards (Certification by the offeror as to its compl iance with respect to the contract also constilUtes its certificat ion as to compl iance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)( \) or (k)(2) appl ies. J 0 (\) Maintcnance, cal ibration, or rcpair of certain cquipment as deseribcd in FAR 22.\003-4(c)(\). The offeror 0 does 0 does not certify that. (i) The items of equipment to be serviced under this contract are used regularly for other than Govcrnmental purposes and arc sold or tradcd by the offeror (or subcontractor in thc casc of an cxempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furn ished at prices which are, or are based on, established catalog or market prices (see FAR 22 .1003-4(c)(2)(ii» for the maintenance, cal ibration, or repair of suc h equipment; and (ii i) Thc compensation (wage and fri nge benefits) plan for all service employecs pcrforming work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. o (2) Certain services as described in FAR 22.1003-4(d)( \). The offeror 0 does 0 does not certify that. (i) The services undcr the contract arc offered and sold rcgularly to non-Governmental customers, and arc provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services wi ll be furnis hed at prices that are, or are based on, establ ished catalog or market prices (sec FAR 22 .1003-4(d)(2)(iii»; (ii i) Each service employee who wi ll perform the services under the contract will spend only a small portion of his or her time (a month ly average of less than 20 percent of the avai lable hours on an annuali zed basis, or less than 20 percent of available hours duri ng the contract period if the contract period is less than a month) servicing the Govcrnmcnt contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees perform ing work under the contract is the same as that used fo r these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)( I) or (k)(2) of this c lause applies. 2018-ICLI-00035 1325 (i) If the offeror does not certify to the condit ions in paragraph (k)( I) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the sol icitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)( I) or (k)(2) of this clause or to contact the Contract ing Officer as required in paragraph (k)(3)(i) of this clause. (1) Taxpayer Identification Number (TIN) (26 U.S.c. 6109.31 U.S.c. 7701). (Not applicable if the offeror is required to provide this infom1atio n to the SAM database to be eligible for award.) (I) All offerors must submit the informat ion required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requirements of31 U.S.C. 7701 (c) and 3325(d), reporting requirements of26 U.S.c. 6041, 6041 A. and 605 OM, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any del inquent amounts arising out of the offeror's relat ionship with the Government (31 U.S.c. 770 l(c )(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (T IN). D TIN: __~__~~~____________ o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or fore ign partnership that docs not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organizat ion. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CF R 1.6049-4; o Other _ _ _ _ _ _ _ _ _ _ _ _ __ (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________ TI N :-c---,-------,------,-,-----,---,-. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracti ng with Inverted Domestic Corporations. (I) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts wi th either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9. IOS-2(b) applies orthe requirement is waived in accordance with the procedures at 9. IOS-4. (2) Representation. The Offeror represents that. (i) It 0 is, 0 is not an inverted domestic corporation; and (ii) [t 0 is, 0 is not a subsidiary of an inverted domestic corporation. 2018-ICLI -00035 1326 (0) Prohibition on contract ing with entities engaging in certain activities or transact ions relat ing to Iran . (I) The offeror shal l e-mail questions concerning sensitive technology to the Department of State at CISA DA 106@state.gov. (2) Representation and Certifications. Unless a waiver is grantcd or an exception applies as providcd in paragraph (0)(3) of this provision, by submission of its offer, the offeror. (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or indi viduals owned or contro lled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activi ties for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds 53,500 with [ran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.c. 1701 et seq.) (see OFAC' s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofae/downloadsftllsdn.pdO. (3) The representation and certificat ion requirements of paragraph (0)(2) of this provision do not apply if. (i) This solicitation includes a trade agreements certification (e.g., 52 .212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be suppl ied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all sol icitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solici tation. (1) The Offeror represents that it 0 has or 0 does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision fo r each participant in the joint venture. (2) [f the Offeror indicates "has" in paragraph (p)( I) of this provision, enter the following information: Immediate owner CAGE code: __________ Immediate owner legal name: __________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: 0 Yes or 0 No. (3) [fthe Offeror indicates ""yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following informa tion: Highest-level owner CAGE code: _________ Highest-level owner legal name: _________ (Do not usc a "'doing business as" name) (q) Representation by Corporations Regarding Del inquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Di vision E of the Consolidated and Further Continuing Appropriations Act, 20 IS (Pub. L. I 13-235), and simi lar provisions, if contained in subsequent appropriations acts, The Government wi ll not enter into a contract with any corporation that. (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liabi lity, where the awarding agency is aware of the unpaid tax liabi lity, unless an agency has considered suspension or debarment of the corporation and made a detern1ination that sllspension or debarment is not necessary to protect the interests of the Government; or 2018-ICLI -00035 1327 (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debannent of the corporation and made a determination that this action is not necessary to protect the interests of the Govern ment. (2) The Offeror represents that. (i) 11 is 0 is not 0 a corporat ion that has any unpaid Federal tax liability that has been assessed, for which all judicial and admini strative 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 liabi lity; and (ii) It is 0 is not 0 a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204- 16, Commercial and Government Entity Code Reporting.) (1) The Offcror represents that it 0 is or 0 is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(l) of this provision, enter the followi ng information for all predecessors that held a Federal contract or grant withi n the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: - - (or mark "Unknown") Predecessor legal name: ____________ (Do not use a "doing business as" name) (s) [Rescrved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduct ion Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1 (k». (I) This representation shall be completed if the Offeror received $7.5 mill ion or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 mi llion in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itse lf or through its immediate owner or highest-leve l owner) 0 does, 0 does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results ofa greenhouse gas inventory, performed in accordance with an accounting standard with publicly avai lable and consistent ly applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest- level owner) 0 does, 0 does not publ icly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publiely accessible website a target 10 reduce absolute emissions or emissions intensity by a specific quantity or percentage. (ii i) A publicly accessible website includes the Offeror's own website or a recogni zed, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked "docs" in paragraphs (t)(2)(i) or (t)(2)(i i) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals arc reported: _ _ _-,--_ _-,--_ (u)( l) In accordance with section 743 of Division E, Title VII , of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. I 13-235) and its successor provisions in subsequent appropriations acts (and as extended in continui ng resol utions), Government agencies arc not permitted to usc appropriated (or otherwise made avai lable) funds fo r contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud , or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2018-ICLI-00035 1328 (2) The prohibition in paragraph (u)(\) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Informati on Nondisclosure Agreement), Form 4414 (Sensiti ve Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nond isclosure of classi fi ed information. (3) Representation. By submission of its offer, the Offeror represents that it wi ll not require its employees or subcontractors to sign or comply wi th internal confidentiality agreements or statements prohibi ting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance ofa Government contract to a designated investigative or law enforcement representative ofa Federal department or agency authorized to receive such infonnat ion (e.g. , agency Office of the Inspector General). FAR 52.212-4CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) This clause is incorporated by reference. The full text of the clause is available at; hllps://www.acquisition.govIFARJ. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEM ENT STATUTES OR EXECUTIVE ORDERS - COMMECIAL ITEMS (NOV 2017) (a) The Contractor shall comp ly with the fo llowing Federal Acquisition Regulation (FA R) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders appl icable to acquisitions of commercial items: [ZJ 52.203- 19 Prohibit ion on Requiring Certain Internal Confident iality Agreements or Statements (JAN 2017) [ZJ 52.209- 10 Prohibition on Contracting with Inverted Domestic Corporations (NOY 2015) [ZJ 52.233-3 Protest After Award (AUG 1996) [ZJ 52.233-4 Appl icable Law fo r Breach of Contract Claim (OCT 2004) (b) The Contractor shall comply with the FAR clauses in thi s paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executi ve orders applicable to acquisitions of commercial items: D 52.203-6 Restrict ions on Subcontractor Sales to the Government (SEPT 2006) o Alternate I (OCT 1995) [ZJ 52.203- 13 Contractor Code of Business Eth ics and Conduct (OCT 2015) D 52.203- 15 Whistlcblower Protections under the American Recovery and Rei nvestment Act of2009 (JUNE 2010) [ZJ 52.204- 10 Reporting Execut ive Compensation and First-Tier Subcontract Awards (OCT 2016) D (Reserved] [ZJ 52.204- 14 Service Contract Reporting Requirements (OCT 2016) D 52.204- 15 Service Contract Reporting Requirements for Indefinite-Del ivery Contracts (OCT 2016) 2018-ICLI -00035 1329 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debannent (OCT 2015) D 52.209-9 Updates of Publicly Available Informat ion Regard ing Responsibil ity Matters (JUL 2013) D (Reserved] D 52.219-3 Notice of Total HUBZone Set-Aside (NaY 20 II) D D Alternate I (NaY 2011) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) D Alternate I (JAN 20 II) D (Reserved] D 52.219-6 Notice of Total Small Business Set-Aside (NaY 20 II) D o Alternate I (NaY 2011) D Alternate II (NaY 2011) 52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003) D Alternate I (OCT 1995) D Alternate II (MA R 2004) C8J 52.219-8 Utilization of Small Business Concerns (NaY 2016) o 52.219-9 Smal l Business Subcontracting Plan (JAN 2017) 0 Alternate I (NaY 2016) 0 Alternate II (NaY 2016) 0 Alternate III (NaY 2016) 0 Alternate IY (NaY 2016) D 52.219- 13 Notice ofSel-Aside of Orders (NaY 2011) C8J 52.219- 14 Limitations on Subcontracting (JAN 2017) D 52.219- 16 Liquidatcd Damages - Subcontracting Plan (JAN 1999) D 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NaY 2011) C8J 52.219-28 Post A ward Small Business Program Rerepresentalion (JUL 2013) o 52.219-29 Notice ofSel-Aside for, or Sole Source Award 10, Economically Disadvantaged Women-Owned Small Busi ness Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) 2018-ICLI -00035 1330 D 52.219-30 Noticc ofSct-Asidc for, or Solc Sourcc Award to, Women-Owned Small Busincss Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) C8J 52.222-3 Convict Labor (JUN 2003) C8J 52.222- 19 Child Labor - Cooperation with Authorities and Remedies (OCT 2016) C8J 52.222-21 Prohibit ion of Segregated Facilit ies (APR 2015) C8J 52.222-26 Equal Opportunity (SEPT 2016) C8J 52.222-35 Equal Opportunity for Veterans (OCT 2015) C8J 52.222-36 Equal Opportunity for Workers with Di sabilit ies (JU L 201 4) C8J 52.222-37 Employment Reports on Veterans (FEB 2016) C8J 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 20 I0) D 52.222-50 Combating Trafficking in Pcrsons (MAR 2015) D Alternate 1 (MAR 20 15) C8J 52.222-54 Employment Eligibility Verificat ion (OCT 2015) D 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MA Y 2008) D Alternate I (MAY 2008) D 52.223- 11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) D 52.223- 12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Ai r Conditioners (JUN 20 16) D 52.223- 13 Acquisition of EPEAT®- Registered Imaging Equipment (JUNE 2014) D D Alternate I (OCT 2015) 52.223- 14 Acquisi tion of EPEAT®-Rcgistcred Televisions (JUNE 2014) D Alternate 1 (JUNE 2014) D 52.223- 15 Energy Efficiency in Energy-Consuming Products (DEC 2007) D 52.223- 16 Acquisition of EPEAT®- Registered Personal Computer Products (OCT 2015) D Alternate I (JUNE 2014) C8J 52.223- 18 Encouraging Contractor Policies to Ban Tcxt Mcssaging While Driving (AUG 20 11) D 52.223-20 Aerosols (J UN 2016) D 52.223-21 Foams (JUN 20 16) 2018-ICLI -00035 1331 52.224-3 Privacy Training (JAN 2017) D Alternate I (JAN 2017) D 52.225- 1 Buy American - Suppl ies (MAY 2014) o 52.225-3 Buy American - Free Trade Agreements-Israel i Trade Act (MAY 20 14) D Alternate I (MA Y 2014) D Alternate II (MAY 2014) o Alternate JJJ (MAY 2014) [ZJ 52.225-5 Trade Agreements (OCT 2016) [ZJ 52.225- 13 Restrictions on Certain Foreign Purchases (JUN 2008) o 52.225-26 Contractors Perfonning Private Securi ty Functions Outside the United States (OCT D 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) D 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) D 52.232-29 Tenns for Financing ofrurchases of Commercial Items (FEB 2002) D 52.232-30 Installment Payments for Commercial 1tems (JAN 2017) [ZJ 52.232-33 Payment by Electronic Funds Transfcr-System for Award Management (JUL 2013) D 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) o 52.232-36 Paymcnt by Third Party (MA Y 2014) D 52.239- 1 Privacy or Security Safeguards (AUG 1996) D 52.242-5 Payments to Small Business Subcontractors (JAN 20 17) D 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) D 2016) Alternate I (AP R 2003) (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: D 52.222- 17 Nondisplacement of Qualified Workers (MAY 20 14) D 52.222-41 Service Contract Labor Standards (MAY 2014) D 52.222-42 Statement of Equivalent Rates for Federal Hires (MA Y 2014) D 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (MUltiple Year and Option Contracts) (MA Y 2014) 2018-ICLI -00035 1332 D 52.222-44 Fair Labor Standards Act and Scrvice Contract Act- Pricc Adjustment (MA Y 20 14) D 52.222-5 1 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Maintcnance, Calibration, or Rcpair of Certain Equipmcnt- Rcquircments (MAY 2014) D 52.222-53 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) D 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) [ZJ 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) D 52.226-6 Promoting Exccss Food Donation to Nonprofit Organizations (MAY 2014) D 52.237- 11 Accepti ng and Di spensing of$l Coi n (SEPT 2008) (d) Compfroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if thi s contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and docs 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 evidencc for examination, audit, or reproduction, unti 13 years after fi nal payment under th is contract or for any shortcr pcriod spccified in FAR Subpart 4.7, Contractor Records Rctcntion, of thc othcr clauscs of this contract. If this contract is completely or partially tenninated, the records relating to the work terminated shall be made avai lable for 3 years after any resulting fina l termination settlement. Records relating to appeals under the disputes clausc or to litigation or the settlement of claims arising under or relating to this contract shall be made available unt il such appeals, litigation, or claims arc finally rcsolvcd. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and rcgardless of form. This does not rcquire the Contractor to create or maintain any record that thc Contractor docs not maintain in the ordinary coursc ofbusincss or pursuant to a provision of law. (e)( l) 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 commcrcial items. Unless otherwise indicated bclow, thc cxtcnt of the flow down shall bc as rcquircd by the clause52.203- 13, Contractor Code of Business Ethics and Conduct (Oct 20 15) (41 U.S.c. 3509). (ii) 52.203-19, Prohibition on Requiring Ccrtain lntcrnal Confidcntial ity Agrecments or Statements (Jan 2017) (section 743 of Di vision E, Tit le VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235) and its successor provisions in subsequent appropriations acts (and as extendcd in continuing resolutions». (iii) 52.219-8, Utilization of Small Business Conccrns (Nov 20 16) (15 U.S.c. 637(d)(2) and (3», in all subcontracts that oITer furthe r subcontracting opportunities. If the subcontract (except subcontracts to small business (i) 2018-ICLI -00035 1333 concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222·17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) ofF AR clause 52.222-17. (v) 52.222·21 , Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222·26, Equal Opportuni ty (Sept 2016) (E.O. 11246). (vii) 52.222·35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.c. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Di sabilities (JuI 2014) (29 U.S.c. 793). (ix) 52.222·37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222·41, Service Contract Labor Standards (May 2014) (41 U.S.c. chapter 67). (xii) _XJA) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.c. chapter 78 and E.O 13627). ~(B) Alternate I (Mar 2015) of52.222-50 (22 U.S.c. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Scrvice Contract Labor Standards to Contracts fo r Maintenance, Calibration, or Repair ofCeTiain Equipment-Requirements (May 20 14) (41 U.S.C. chapter 67). (xiv) 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). (xv) 52.222-54, Employment Eligibility Vcrification (Oct 2015). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 20 15). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13 706 (JAN 20 17) (E.O. 13706). (xx) (A) 52.224-3 , Privacy Training (JAN 2017) (5U.S.C. 552a). (B) Alternate I (JAN 2017) of52.224-3. (xxi) 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). (xx ii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 20 14) (42 U.S.c. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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 52.24764. (2) Whi le not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. FAR 52.217-8 OPTION TO EXTEN D SERVICES The Government may require continued performance of any services wi thin 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 ofperformance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. (End of clause) 2018-ICLI-00035 1334 FAR 52.217-9 OPTION TO E XTEN D TH E TERM OF THE CO NTRACT (a) The Government may extend the term of this contract by wrinen notice to the Contractor within 15 days ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) FAR 52.252-2 C LA USES I.NCORPORATED BY REFERE NCE (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 fu ll text available. Also, the full text of a c lause may be accessed electronically at this address: https:l/www.acgui sition.gov/FARI. FAR 52.232-39 UNENI-' ORCEABIUTY OF UNAUTHOR IZED OBUGATIO NS (JUNE 2013) This clause is incorporated by reference. The full text of the clause is available at: hUps://www.acquisition.govIFARI. 52.232-40 PROVIDING AC CE LERATED PAYMENTS TO SMALL. BUSINESS FAR SUBCONTRACTORS (DEC 2013) This clause is incorporated by reference. The full text of the clause is available at: hnps://www.acquisition.govIFARI. FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVE RTED DOMESTIC CORPORATIONS (NOV 2015) (a) Definitions. As used in this clause" Inverled domestic corporation" means a fo reign incorporated entity that meets the definit ion of an inverted domestic corporation under 6 U.S.C. 395(b), appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned(I) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorgan izes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period ofperfonnance of th is contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fai ls to perform in accordance with the terms and condi tions of the contract as a result of Government action under th is clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes e ither an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer wi thin five business days from the date of the inversion event. FAR 52.237-2 PROTECTION O F GOVERNM ENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984) 2018-ICLI-00035 1335 The Contractor shall use reasonable care to avoid damaging existing bui ldings, equipment, and vegetation on the Government installation. If the Contractor's fa ilure 10 use reasonable care causes damage 10 any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. HSAR 3052.209-70 2006) PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause : Expanded Affiliated Croup means an affil iated group as defined in section I 504(a) of the Internal Revenue Code of 1986 (without regard 10 section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substitut ing 'more than 50 percent' fo r 'at least 80 percent' each place it appears. Foreign Incorporated Emily means any ent ity which is, or but fo r subsection (b) of section 835 of tile Homeland Security Act, 6 V.S.c. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Illverted Domestic C0/"fJOratioll. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related Iransact ions)- (I) The entity completes the direct or indi rect acquisition of substantially all of the properties held directly or indi rectly by a domestic corporation or substantia lly all of the properties constiluting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the enti ty is held(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of hold ing stock in the domestic corporalion; or (ii) [n the case of an acquisition with respect to a domestic partnership, by former partners of the domest ic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantia l business activities in the fore ign country in which or under the law of whic h the entity is created or organized when compared to the total business activities of such expanded affi liated group. 201 8-ICLI -00035 1336 Persoll. domestic. alldforeig" have the meanings given such terms by paragraphs (I), (4), and (5) of section 7701 (a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a fore ign incorporated entity should be treated as an inverted domest ic corporat ion. (I) Certain stock disregarded. For the purpose of treating a forcign incorporated entity as an inverted domestic corporat ion these shall not be taken into account in detennining ownership: (i) Stock held by members of the expanded affiliated group which includes the fore ign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(l) of the Homeland Security Act, 6 USc. 395(b)(\). (2) Plan (Ieemed in certai" cases. lfa foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year pcriod beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) arc met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregartled. The transfer of properties or liabilities (including by contribution or distribution) shall bc disregardcd if such transfers arc part ofa plan a principal purposc of which is to avoid the purposes of this scction. (d) Special rulefol' related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 USc. 395(b) to thc acquisition of a domestic partnership, except as provided in regulations, all domestic partncrships which arc under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partncrship. (e) Treatment of Certain Rights. (I) Certain rights shall be treated as stocks to the extent necessary to refl ect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (ii i) contracts to acquire stock; (iv) convert ible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Sec lion 835. (I) Disclosure. The offeror under this solicitation represents that [Check one]: 2018-ICLI-00035 1337 _ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009 .108-7004, which has not been denied; or _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009 .108-7004 . (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied fo r, shall be attached to the bid or proposal. (End of clause) HSAR 3052.212-70 CONTRACT T ERMS AND CON DITIONS APPLICABLE TO DHS ACQUISITION Of COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply wi th any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the appl icable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. ...x.. 3052.219-72 Evaluation of Primc Contractor Participation in the DH S Mcntor Protege Program. (b) Clauses . ...x..3052.203-70 Instructions for Contractor Di sclosure of Violations . ...x.. 3052.204-71 Contractor Employee Access. Alternate I --L Alternate II ...x.. 3052.205-70 Advertiscment, Publ icizing Awards, and Rcleases . ...x.. 3052.219-70 Small Business Subcontracting Plan Reporting . ...x.. 3052.219-7 1 DHS Mentor Protege Program. l. HSAR Clause 3052.204-7 1 Contractor emp loyee access (SEP 2012), and Alternate I Safeguarding of Sensitive Information (MAR 2015) Sections (a) - (d) Information Technology Security and Privacy Tmining (MAR 2015) II. lOP Privacy and Records Provisions PRI V 1.2: Reporting Suspected Loss ofSensitivc PH PRI V 1.3: Victim Remediation Provision 2018-ICLI -00035 1338 REC REC REC REC REC REC 1.2: 1.3: 1.4: 1.5: 1.6: 1.7: Deli verables are the Property of the U.S. Government Contractor Shall Not Create or Maintain Unautho rized -iRecords Agency Owns Rights to Electronic Information Comply with All Records Management Policies-i No Disposi tion of Documents w ithout Prior Wri tten Consent-i Contractor Must Obtain Approval Prior to Engaging Subcontractors PRIV 1.2: Repo r ting Suspected Loss of Sensitive PII: Contractors must report the suspected loss or compromise ofScnsitive PII to ICE in a timely man ner and cooperate with ICE 's inquiry into the incidcnt and efforts to remcdiate any harm to potential victims. I. The Contractor must develop and include in its security plan (whic h is submittcd to ICE) an intcrnal system by whic h its employees and sub-Contractors are trained to identify and report potential loss or compromise of Sensitive PI!. 2. Contractor must rcpo rt the suspectcd loss or compromisc of Sensitive PH by its employees or sub-Contractors to the ICE Security Operations Center (480-496-6627), the Contracting Officer's Representat ive (CO R), and the Contracting Officer within one (I) hour of the init ial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensiti ve PH by its employees or sub-Contractors. The report must contain the following information: a. Narrative, detailed desc ri ption of the events surrounding the suspected loss/compromise. b. Date, time, and location of the incident. c . Type of informa tion lost or compromised. d. Contractor's assessment of the likelihood that the information was compromiscd or lost and the reasons behind the assessment. e. Names ofperson(s) involved, including victim, Contractor employee/sub-Contractor and any witnesses. f. Cause of the incident and whether the company's security plan was followed or not, and which specific provisions were not fo llowed. g. Actions thai have been or will be taken to minim ize damage and/or m itigate further compromise. h. Recommendations 10 prevenl similar situations in the futu re, including whether the security plan needs to be modified in any way and whether additional training may be required. 4. The Contractor must cooperate with ICE or other government age ncy inquiries into the suspected loss or compromise of Sensitive PI!. 5. At the government's discretion, Contractor employees or sub-Contractor employees may be identified as no longer eligible to access Sensitive PII or to work on that contract based on their actions related to the loss or compromisc of Sensitive PI!. (End of clause) PRIV 1.3: Victim Remcdiation Provision: The Contractor is responsible for notification of victims in the evenl of a loss or compromise of Sensiti ve PII, if any, held by the Contractor, its agents, and Subcontractors, under this contract. The Contractor and ICE wi ll collaborate and agree on the method and content of any notification that may be required to be sent to individuals whose Sensitive PH was lost or compromised. (End of clause) REC 1.2: Dclivcrablcs arc thc Propcrty ofthc U.S. Govcrnmcnt: The Contractor shall treat all deliverables under the contract as the property of the U.S. Government fo r wh ich the Agency shall have unl imited rights to use, dispose of, or disclose such data contained therein. The Contractor shall not retain, usc, sell, or disseminate copies of any del iverable without the expressed pennission of the Contracting Officer or Contracting Officer's Representative. The Contractor shall certify in writing the destruction or return of all Government da ta at the conclusion of the contract or at a time otherwise specified in the contract. The Agency owns the rights to all data/reco rds produced as part of thi s contract. 2018-ICLI-00035 1339 (End of clause) REC 1.3: Contractor Shall Not Create or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or mai ntain any records contai ning any Government Agency data that are not specifically tied to or authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Electronic Information : The Government Agency owns the rights to the query data it inputs into the LEARN database (e.g. Audit Logs, Searches, Hotli st, etc.) Notwithstanding the above, no title to Vigilant 's LEA RN database or software wi ll transfer to ICE in the performance of the contract. (End of clause) REC 1.5: Comply with All Records Management Policies: The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records 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. (End of clause) REC 1.6: No Disposition of Documents without Prior Written Consent: No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing thc alienation or una uthorized destruction ofrccords, including all forms of mutilation. Will fu l and unlawful destruction, damage or alienation ofFedcra l records is subject to the fi nes and pcnalties imposed by 18 USc. 270 1. Records may not be removcd from the legal custody of the Agency or destroyed witho ut rcgard to thc provisions of the Agency records schedules. (End of clause) REC 1.7: Contractor Must Obtain Approval Prior to Engaging Subcontractors: The Contractor is required to obtain the Contract ing Officer's approval prior 10 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 info rmation. (End of clause) ICE Information Governance and Pr ivacy Requirements Clause (JUL 2017) A. Limiting Access to Privacy Act and Other Sensitive Information (1) P/'ivacy Ac( lnJol'malion In accordance with FA R 52.224-1 Privacy Act Notification (APR 1984), and FA R 52.224-2 Privacy Act (A PR 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 DHS system of records notices (SORNs) app licable to this Privacy Act information may be found at www.dhs.gov/privacy. Applicable SORNS of other agenc ies may be accessed through the agencies' websites or by searching FDsys, the Federal Digital System, available at hup:llwww.gpo.gov/fdsys/. SORNs may be updated at any time. (2) P/,ohibition 011 Performing Work Outside a Government FacifitylNetworklEquipmelll The Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or Workplace as a Service (WaaS) if WaaS is authorized by the statement of work Government informa tion shall remain within the confines of authorized Government networks at all times. Except where telework is specifical ly authorized with in this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibi ted from performi ng these tasks at or removi ng Government-furnished informatio n to any other faci lity; and Government information shal l remain withi n the confi nes of authorized Government fac il ities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facil ities regardless oftelework authorizations. 2018-ICLI -00035 1340 (3) Prior Approval Required to Hire Subcontractors The Contractor is required to obtain the Contract ing 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 sensi tive and proprietary information. (4) Separation Checklist/or COllfractor Employees Contractor shall complete a separation checklist before any employee or Subcontractor employee terminates working on the contract. The separation checklist must verify; (I) return of any Government-furnished equipment; (2) return or proper disposal of sensiti ve personally identifiable information (PI I), in paper or electronic fornI, 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 sensitive PI!. In the event of adverse job actions resulting in the dismissal of an emp loyee or Subcontractor employee, the Contractor shall notify the Contracti ng Officer's Representati ve (CO R) within 24 hours. For nomlal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shal l assist the ICE Point of Contact (lCEIPOC), Contracting Officer, or COR with comp leti ng ICE Form 50-005/Contractor Employee Separation Clearance Chec klist by return ing all Governmentfurn ished property including but not limited to computer equipment, media, credentials and passports, smart cards, mobi le devices, PI V cards, calling cards, and keys and terminating access to all user accounts and systems. B. Resen'ed - Deleted in accordance witll clause prescription C. Government Records Training, Ownership, and Management (I) Records Management Trainil1g and Compliance (a) The Contractor shal l provide DH S basic records management training fo r all emp loyees and Subcontractors that have access to sensitive PI I as well as to those involved in the creation, use, dissemination and/or destruction of sensitive PlI . This training wi ll be provided at the outset of the Subcontractor' s/employee 's work on the contract and every year thereafter. This training can be obtained via links on the ICE intranet site or it may be made available through other means (e.g., CD or online). The Contractor shall maintain copies of certificates as a record of compliance and must submit an e-mai l notification annually to the Contracting Officer's Representative verifying that all employees working under this contract have completed the required records managemcnt training. (b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974 . These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (2) Records Creafioll. Ownership. alld Dispositioll (a) The Contractor sha ll 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 data. The Contractor shall certify in writing the destruction or return of all Government data at the conclusion of the contract or at a time otherwise specified in the contract. (b) Except as stated in the Pcrfonnance Work Statcment and, where applicable, the Contractor's Commercial Liccnse Agrecment, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databascs) and all supporting documentation and associated metadata created as part of this contract. All dclivcrab1cs (i neluding all data and records) under the contract arc the property of the U.S. Govcrnment and are considcred fcderal records, for which the Agency shall have unlimited rights to usc, disposc of, or disclose such data contained therein. Thc Contractor must deliver sufficient technical documentation with all data del iverables to permit the agency to use the data. 2018-ICLI-00035 1341 (c) The Contractor shall not retain, use, sell, disseminate, or dispose of any government data/records or deliverables without the express written permission of the Contracting Officer or Contracting Officer's Representat ive. The Agency and its contractors are responsible fo r prevent ing the alienat ion 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. § 270 I. Records may not be removed from the legal custody of the Agency or destroyed wi thout regard to the provisions of the Agency records schedules. D. Data Pri"acy and Oversight (I) Restrictions on Testing or Training Using Real Data Containing PII The use of real data containing sensitive Pll from any source for testing ortraining purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for testing or traini ng whenever feasible. ICE policy requires that any proposal to usc of real data or dc-identified data for IT system testing or training be approved by the ICE Privacy Officer and Chief Information Security Officer (CISO) in advance. In the event performance of the contract requires or necessitates the usc of real data for system-testing or training purposes, the Contractor in coordination with the Contracting Officer or Contracting Officer's Representative and Government program manager shall obtain approval from the ICE Pri vacy Office and ClSO and complete any required documentation. (2) Resen 'ed - Deleted ill accordallce with dause prescription (3) Reqlliremelllto Support Privacy Compliance (a) The Contractor shall support the completion of the Privacy Threshold Analysis (PTA) document when it is required. PT As are triggered by the creation, modification, upgrade, or disposition of an IT system, and must be renewed at least every three years. Upon review of the PTA, the DHS Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modificat ions thereto, are required. The Contractor shall provide adequate support to complete the PIA in a timely manner, and shall ensure that project management plans and schedu les include the PTA, PIA, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DHS, incl udi ng PT As, PIAs, and SORNs, is located on the DH S Privacy Office website (www.dhs.gov/privacy)under"Compliance." DH S Privacy Pol icy Guidance Memorandum 2008-02 sets fort h when a PIA will be required at DHS, and the Privacy Impact Assessment Guidance and Template outline the requirements and format for the PIA . (b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy documentation, the Contractor shall assign or procurc a Pri vacy Lead, to bc listed undcr " Kcy Personnel." The Privacy Lead shall be responsible for providing adequate support to DHS to cnsure DH S can complete any rcquircd PTA, PIA, SORN, or other supporting documcntation to support pri vacy compliance. Thc Pri vacy Lead shall work with pcrsonnel from the program office, the ICE Privacy Officc, the Office of the Chief Information Officcr, and the Records Managcmcnt Branch to ensure that the pri vacy documcntation is kept on schcdule, that the answers to questions in the PIA arc thorough and complete, and that questions asked by the ICE Pri vacy Office and other offices are answered in a timely fashion. The Privacy Lead: • • • • • Must have excellent writing ski lls, the abil ity to explain technology clearly for a nontechnical audience, and the ability to synthesize information from a variety of sources. Must have excellent verbal communication and organizational skills. Must have experience writing PIAs. Ideally the candidate would have experience writi ng PIAs fo r DHS. Must be knowledgeable about the Privacy Act of 1974 and the E-Government Act of 2002. Must be able to work well with others. (c) Ifa Privacy Lead is already in place with the program office and the contract involves IT system builds or substantial changes that may require privacy documentation, the requirement for a separate Private Lead specifically assigned under this contract may be waived provided the Contractor agrees to have the exist ing Privacy Lead coordinate with and support the ICE Pri vacy POC to ensure privacy 2018-ICLI-00035 1342 concerns are proactively reviewed and so ICE can complete any required PTA, PIA, SORN, or other supporting documentat ion to support privacy compliance ifrequired. The Contractor shall work wi th personnel from the program office, the ICE Office ofInformation Governance and Privacy, and the Office of the Chief Information Officer to ensure that the privacy documentation is kept on schedule, that the answers to questions in any privacy documents are thorough and complete, that all records management requirements are met, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fash ion. (End of Clause) 2018-ICLI-00035 1343 Attachment 5: Price Item Description Quantity Unit of Issue Estimated Unit Estimated Fixed Price Per Cost Line Item CLiN 0001 Access to license Plate System (All ICE Users), Base Vear - POP: 12/21/2017 01/31/2018 1.4 • 12 MO 12 MO 8 MO b}(4) CLiN 0002 Access to license Plate System (All ICE Users), Option Vear 1- 02/01/201801/31/2019 CLiN 0003 Access to license Plate System (All ICE Users), Option Vear 2 - 02/01/2019 01/31/2020 CliN 0004 Access to license Plate System (All ICE Users), Option Vear 3 - POP: 02/01/202009/30/2020 Total Additional Pricing Explanation: ·Contract start date wil l be 12/21/2017; however, West billing is systematically 2018-ICLI -00035 1344 Thomson Reuters Response to RFQ 70CDCR 18QOOOOOOOS License Plate Reader Commercial Data Service via Vigilant's LEARN Platform Technical Response - Revision 2 SUBMITTED TO U.S. Department of Homeland Security Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) SUBMITTED TO: r b )(6);(b}(7)(C) SUBMITTAL DATE: December 22, 2017 SUBMITTED BY Thomson Reuters (West Publishing Corporation) ~Kb;g )(6~);](b~ ;; X7'E)(S C)C=:J1 CF APMP ~b)(6); (b)(7}(C) Senior Proposal Coordinator Client Relationship Manager Phone: 703-909-tb)(61;(b l Phone: 443-622* b)(6);1 E-m a il : Kb)(6);(b}(7)(C) E-m a il : Kb)(6);(b)(7}(C) {~:B~)j THOMSON ':::,:; ;- REUTERS~ Source Selection Sensitive This document includes proprietary information that shall not be duplicated, used, o r disclosed outside of DHS ICE-in whole or in pa rt for any purpose ot her than evaluating this proposal. This information is deemed p ropr ietary because it contains pricing and confident ia l corpo rate information that is of critical value to Thomson Reuters and our partners in a highly competitive market. 2018-ICLI-00035 1345 Contents INTRODUCTION ...................................................................................................... 1 SECTION I - TECHNICAL APPROACH ................................................................ 2 C.4 RESPONSES TO PERFORMANCE REQUIREMENTS ............................................. 2 Data Serv ice Content/Scope ........................................................................................................... 2 User Managelnent and Support. ...................................................................................................... 5 Functional Requ irements ................................................................................................................ 7 Query Capabili ties .................................................................................................................................... 7 Alert List Capabilities ............................................................................................................................ 10 Mobile Device Capabilities .................................................................................................................... 12 Audit and Reporting Capabilities ........................................................................................................... 13 C.S C.6 C.7 C.S IS NOT IDENTIFIEDIINCLUDED IN THE STATEMENT OF WORK .................... 16 PROMOTION OF THE CONTRACT ........................................................................ 17 NEWS RELEASES ...................................................................................................... 17 LICENSE TyPE .......................................................................................................... 17 SECTION II - PAST PERFORMANCE ................................................................. 18 it '.:~·~·: ','::' ., .~. Page i THOMSON REUTERS Thomson Reuters Response to DHS ICE December 2017 2018-ICLI -00035 1346 Introduction Thomson Reuters has a long history of co mmi tment to meeting the in formational needs of the Department of Homeland Security (DHS), incl uding Immi gration and Customs Enforcement (ICE), and we seek to maintain and expand that relationship in responding to the current Request for Quote for access to a License Plate Reader database. Through the combinati on of comprehensive and reliable data, technology. and ex perti se in how public records and related in formation can benefi t government objecti ves, Thomson Reuters, with our partner, Vigi lant Soluti ons, is uniquely positi oned to help ICE meet your agency's di verse chall enges with our subscription services. Based on conversations with ICE personnel about the specific in vesti gati ve needs of ICE, Thomson Reuters can provide access to li cense pl ate reader data via a hyperlink to the LEARN pl atform through the CLEAR pl atform . Providing access to the data through CLEAR provides reassurance to rCE, by virtue of ex isting agreed-upon terms and auditing requirements, per agency mandate. This offer also prov ides access to LPR through Vigilant's LEARN platfoml , which is maintained and supported by Vigi lant. The Thomson Reuters CLEAR team has been success full y supporting DHS' s investi gati ve research needs and initi ati ves since the agency's incepti on. We are proud to support the DHS and look fo rward to continu ing our long-stand ing partnership. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI -00035 1347 Pa ge 1 December 2017 C.4 Responses to Performance Requirements In thi s section of our response, we respond directly to the Perfonnance Requirements in the Statement of Work of th e RFQ. Th e information presented here is considered proprietary and confidential. DATA SERVICE CONTENT/SCOPE We propose access to License Plate Reader (LPR) data via hyperlink from Thomson Reuters CLEAR to Vigilant Solutions' (Vigilant's) LEARN platform. Requirement: The LPR data serv ice shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossess ion companies, and law enforcement agencies. Response: The offered LPR data is collected from various toll roads, parking lot/garages, repossess ion vehicles and law enforcement agencies nationwide. Requirement: The LPR data service shall include substantial unique LPR detection records. Response: Vigilant's database currentl y has hundreds of millions of unique detection records from commercial sources. Bes ides LPR records from commercial sources such as parking garages, tolls and asset recovery vehicles Vigilant also has a large network of local and state law enforcement agencies (LEAs) across the country. Thi s network of LEAs has the ability to share their LPR records with ICE regardless of their LPR hardware provider. All LEA detection records are the intell ectual propert y of the LEA and all retention times and permiss ions on these records are set by those agencies. Vigilant only hosts and maintains those records. Requirement: The LPR data service shall compile LPR records from at least 25 states and 24 of the top thirty (30) most populous metropolitan stati stical areas within the United States to the extent that coll ection of LPR data is authorized by law in those locations. A metropolitan statisti ca l area is defined as: a geographical region with a relatively hi gh population density at its core and close economic ties throu ghout the area as defined by the Office of Management and Budget (OMB) and used by the Census Bureau and other federal govern ment agencies for stati stical purposes. Response: Forty-seven (47) states, the District of Columbia, and Puerto Rico have commercial LPR scan records. (Hawaii , Maine, and Vermont do not. ) A li st of the most populous 50 metropolitan areas in the US with commercial LPR data is provided below and exceeds the minimum requirement by DHS. Additional locations can be provided upon request. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 1348 Pa ge 2 December 2017 ~ 2 3 4 5 6 7 8 9 ~ I " sA , D"I ,W"rll ,- <, ,.1 I M; I,FL ,n II -T, R"I\ ; [) :A ,A ' , Mr Kc , ' VA_Nr IrA ,TX k-J A, 99% uptime. With the except ion of scheduled outages, LEARN Hosted LPR Services will be accessible 2417/365 . We agree that downtime shall not eclipse (4) hours in any given month, with the exception of major upgrades or system mi gration s. We agree that the mean time between fai lures (MTBF) will not exceed a mean of 4,000 hours between fai lures. Vigil ant 's average LPR Query Response Time for a Single exact Plate is reliably fa st; however, we cannot guarantee . From: kh\IflHh\(7)(G\ I Sent: Thursday, December 07,201711:45 AM To: rb)(6);(b)(7}(C) Cc: _ Sub',ject=:"R"'E"':"""T"'R"'SS'--"LP"'R"S"'ta-=-tC:e=m-=-en:::t"oC";f"w""o"'rCk -(;::S"O"W")---' Hi Fb)(6);q Attached is the TRSS proposal. It was based on the original SOW, but OAQ believes that the revised proposal will be substantially the same. The pricing is included below. 2018-ICLI -00035 1365 If ICE can award before 12/8 Period of Performance Monthly Rate b)(4) 10/01/2017 - 01/31/2019(16 I Total Rate month period of performance) 02/01/2019 - 01/31/2020 (12 month period of performance) 02/01/2020 - 09/30/2020 (9 month period of performance) I After 12/8 Monthly Rate Period of Performance b)(4) 01/01/2017 - 01/31/2019(13 I Total Rate month period of performance) 02/01/2019 - 01/31/2020 (12 month period of performance) 02/01/2020 - 09/30/2020 (9 month period of performance) I .. Pricing covers all ICE users and departments, including but not limited to, Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI). Access to LPR data is available as an open market item. LEARN/LPR data access is dependent upon the maintenance of the ClEAR subscription (contract ends September 30,2020.) Thanks, f b )(6);(b X7)(C) ICPPB, CFCM Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732-Fb)(6):1Mobile: 202-34S{ b)(6);Q Email: Kb)(6):(b)(7)(C) I NOTICE: This communication may contain privileged or otherwise confidential information. If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited . Please inform the sender that you received this message in error and delete the message from your system. From : kb)(6):(b)(7}(C) I Sent: Thursday, December 07,20 1711:37 AM 2018-ICLI -00035 1366 ~~~ I e )(6);(b}(7)(C) Subject: TRSS-LPR Statement of Work (SOW) Good Day: Need URGENTLY a copy of the TRSS/LPR Statement of Work (SOW) pending collaborative funding with ERa. Need to know HSI cost and use during the period of performance. Thank you . Kb)(6);(b)(7}(C) I Unit Chief, Acquisition Management Unit (AMU) HSI Mission Support Division Homeland Security Investigations (HSI) Immigration and Customs Enforcement ICE) Ph: 202 732 ~b)(6); q Mobile: 202-321 b)(6);( I Email: Kb)(6);(b)(7}(C) W Thi s email and any attachments are UNCLASSIFIEDI/FOR OFFICIAL USE ONLY (UI/FOUO). It contains information Iha I from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored, handled, transml d, and disposed of in accordance with DHS policy relat ing to FOUO information and is not to be re leased to the public or 0 I who do not have a valid "need-to-know" without prior approva l of an authorized DHS official. No portion of th is email shou d to the media, either in written or verbal form. If you are not an Intended recipient or believe you have received this commun ca lease do not print, copy, relransmil , disseminate, or olherwise use this informalion. Please inform the sender that you recelv message in error and delete the message from your system. 2018-ICLI -00035 1367 From: Sent: To: Subject: Weinberg, Bill 14 Dec 2017 14:57:58 -0500 kb)(6);(b}(7)(C) I RE: LPRs Thanks! Bill Weinberg Chief Acqu isition Officer US Immigration and Customs Enforcement Sent with BlackBerry Work (www .blackberry .com) From: t b)(6);(b}(7)(C) Date: Thursday, Dec 14, 201 7, 2: 18 PM To: Weinberg, Bill CKb")(c6):";(,, 'bx,,7,,)(C,,)'---_ _ _ _ _--' Subject: RE: LPRs I think ERO had wrongfully assumes that we wouldn't have to publically post. Thi s has been clarified more recently when OAQ received feedback from OPLA that they disagreed with the law enforcement sensitivity class ificat ion. I spoke with Corey Price and the fall s at ERO following the call with Amber and Lyn thi s morning and explained our strategy. I hope the meeting is a confirmation of our plan to post the synopsis either today or tomorrow, se nd out the rfq , recei ved the formal proposal and create the award, obtain congressional approva l and award the contract prior to 12/2 1. 1b)(6);(b)(7Xc) ICPPB , CFCM Detention, Compliance and Remova ls (DCR) I Section Chi ef DHS li CE I Office of Acquisition Management (OAQ) Phone: 202-732~Mobi l e: 202-345-Kb)(6);Q Emai l: Yb)(6);(b}(7)(C) I NOTI CE: Thi s communication may contain privileged or otherwise confidential information. If you are not an intended recipient or believe you have received thi s communi cation in error, any review, di ssemination, di stribution, or copying of thi s message is strictly proh ibited. Please inform the se nder that you received this message in error and delete the From: Weinberg, Bill ~"b':)(C' 6)" ;(b,,X";7"' )(C::');:-:::_:_-------' Date: Thursday, Dec 14, 201 7, 2:09 PM To: kb)(6Hb}(7)(C) Subject: RE: LPRs Thanks- not sure what the reason for the meeting th is afternoon is. 2018-ICLI -00035 1422 Bill Weinberg Chief Acqu isition Officer US Immigration and Customs Enforcement Sent with BlackBerry Work (www .blackberry.com) From: l(b)(6Hb)(7)(C) Date: Thursday, Dec 14, 2017,2:09 PM To: Weinberg, Bill ~kbW)(]6)U ' :(bEi)l1(7il)(c~)C:::=====J Subjecl: RE: LPRs This is substanti all y similar to the guidance we rece ived from OPLA CA LD. We are prepared to handle the posting requirements as though the requirement is not entirely law enforcement sensitive. 1b)(6);(b)(7 X ICPPB, CFCM Detenti on, Compliance and Remova ls (OCR) I Section Chi ef DHS li CE I O ffice of Acqui sition Manage ment (OAQ) Phone: 2 0 2 -7 32 ~ Mobil e: 202-3 45-/b)(6);( 1 Email : ~b)(6); (b}(7)(C) I c) NOTI CE: Thi s communication may contain privil eged or othetwi se confidenti al infonnation. If you are not an intended rec ipient or beli eve you have received thi s communi cati on in error, any review, di ssemination, di stribution, or copying of thi s message is stri ctl y prohibited. Pl ease inform the sender that you rece ived thi s message in error and delete the From: Weinberg, Bi ll K~b~)(~ 6)~ ; (b~Xi!7~ )(C~)==;;;::;:====:J Date: Thursday, Dec 14, 2017,2:06 PM To: j(b)(6Hbl(7)(C) Subjecl: FW : LPRs FYI Bill Weinberg Chief Acqu isition Officer US Immigration and Customs Enforcement Sent with BlackBerry Work (www .blackberry.com) From: Rahilly, Lyn M t~b~)(6~)~ ; (b~X~ 7)~(C~)~:;::====J Date: Thursday, Dec 14, 2017, 1:50 PM 2018-ICLI -00035 1423 To: Weinberg, Bill { b)(6l:(b)(7)(C) I Valerio, Tracey A ~b)(6); (b}(7)(C) Subject: LPRs Bill/TraceyJl(b)(6):(1 ThiS email is for your awareness in advance of a 4pm meeting today with Mr. Blank on License Plate Readers. I met this morning with OPA and OCR to discuss the lPR procurement. ERO, M&A, OAQ, OPA, and OCR are invited to the 4pm. I will be there with Amber. One development re the LES nature of the Statement of Work (SOW): Because ICE publicly released its two previous LPR SOWs, I asked OPLA to review the current SOW to validate it could be withheld as LES. OPLA advised it is not LES because it does not contain FOIA exempt information. See OPLA's email below. I've forwarded OPLA's opinion to OPA, OCR, and ERO. Lyn Rahilly Assistant Director for Information Governance & Privacy U.S. Immigration & Customs Enforcement Direct: 1202)732 b)(6); Main: (202) 732- l'!u)( Questions? Please visit the Information Governance & Privacy Office website at https:/Iinsight.ice.dhs.gov/mgtligp/Pages/index.aspx. From: Rahilly, lyn M Sent: Thursday, December 14, 2017 1:41 PM To: Miller, Philip T t(b)(6):(b)(7)(C) Subject: FW: LES Justification IPrice, Corey A Phil & Corey - before our meeting this afternoon w ith COS, I wa nted to give you a heads up on OPLA's opinion on the LPR solicitation not being LES. This means we would have to release it once FOIA'd. See below. Lyn Rahilly Assistant Director for Information Governance & Privacy U.S. Immigratio n & Customs Enforcement Direct: (202)732 b)(6) Main: (202) 732- ;(b}(7 Questions? Please visit the Information Governance & Privacy Office website at https://insight.ice.dhs .gov/mgt/igp/Pages/index.aspx. From: Smith, Amber Sent: Thursday, December 14, 2017 1:19 PM To: Rahilly, Lyn M; l(b)(6);(b}(7)(C) I Johnson, Liz Subject: FW: LES Justification FYI - OPLA GILD's assessment on the LES iss ue. 2018-ICLI -00035 1424 Amber Smith Pri vacy Officer Information Governance & Privacy Office U.S. Immigration & Customs Enforcement Direct: (202) 732 6)(6);( Main: (202) 732- ,Xl)(C Sent with BlackBerry Work (www.blackbeny.com) From: kb)(6);(b)(7}(C) Da te: Thursday, Dec 14, 2017, 12:39 PM To: Smith, Amberkb)(6);(b)(7}(C) Cc: Davidson, Michael J 1{b)(6);(b)(7}(C) kb)(6);(b)(7}(C) Subject: LES Justification I D avis, Mike P Amber, Please let me know if you have any further questions. kb}(6);(b}(7)(C I Chief, Government Information Law Division Office of the Principal Legal Advisor U.S. Immigration and Customs Enforcement (202) 732 b)(6) (Desk) (202) 300 :\b)(7 (Mobile) 2018-ICLI-00035 1425 ... • .. ATIORNEY/CLIENT PRIVILEGE·" ATIORNEY WORK PRODUCT·" This document contal ntial and/or sensitive attorney/client privileged information or attorney work product and is not for release, r transmission, dissemination or use by anyone other than the intended recipient. Please notify the sender if t i e has been misdirected and immediately destroy all originals and copies. Any disclosure of this document mu roved by the Office of the Principal Legal Advisor, U.s. Immigration & Customs Enforcement. This document IS RNAL GOVERNMENT USE ONLY. FOIA exempt under 5 U.5.c. § SS2(b)(S). 2018-ICLI -00035 1426 From : Sent: To : Subject: kb}(6);(b}(7)(C) 15 Feb 2018 18:57:00 -0500 I kb)(6);(b}(7)(C) RE: NPR Questions on license plate readers Thanks! I'll take a look tomorrow. From : Kb)(6);(b)(7}(C) Sent: Thursday, February I S, 2018 5:45 PM To: Wb)(6l:1b}(71(C) I Subject: RE: NPR Questions on license plate readers Hi ~ The answers to the last two questions. These answers were coordinated with the vendor for accuracy. If they need to be re-worded please let me know. 11. Can DHSjlCE access data uploaded by local law enforcement agencies if they have opted out of the system? Are there any circumstances under which ICE can gain access? DHSjlCE can only access data uploaded by local law enforcement agencies (LEA) if said agency selects a Direct Agency-to-Agency share option with DHSjlCE and through permissible use. DHSjlCE does not share data to any LEA. There are not any circumstances where ICE can gain access if an LEA has chosen not share its data. 12. How many local law enforcement databases does ICE have permission to access? The answer to this question is proprietary to Vigilant and TRSS . If pressed, please respond: "DHSjICE can only access data uploaded by local law enforcement agencies (LEA) if said LEA shares directly to DHSjlCE and through permissible use. The number of databases providing access changes as LEAs add or remove permission and are added to the system." Thanks, ---,-"1CPPB, CFCM fLb::. )(6,, );(:..: b X-:, 7)-,(C-,) ::----::_ _ Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone : 202 - 732 ~ Mobile: 202-34S..flillID] Emai f: Kb)(6);(b}(7)(C) I NOTICE : This comm unication may contain privileged or otherwise confidential information. If you are not an intended recipient or believe you have received this communication in error, any review, dissemination, distribution, or copying of this message is strictly prohibited . Please inform the sender that you received th is message in error and delete the message from your system. From : kh \IRHh\11 \{(";\ Sent: Thursday, February 15, 2018 3:24 PM To : kb)(6);(b)(7}(C) I Subject: RE: NPR Questions on license plate readers 2018-ICLI-00035 1427 Thanks, that's fine From : kb)(6);(b)(7}(C) Sent: Thursday, February I S, 2018 1: 15 PM To: kb)(6);(b)(7}(C) I Subject: RE: NPR Questions on license plate readers Hi Kb)(6);1 We do not want to release the total contract price to a reporter, unless they file a FOIA. Thanks, f ICPPB, CFCM b)(6);(b X7)(C) Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732-Eb)(6): I Mobile: 202-34S-tb)(6); I Email: kb)(6);(b}(7)(C) I NOTICE: Th is commun ication may contain privileged or otherwise confidential infonnation. Jf you are not an intended rec ipient or believe you have received this communication in error, any review, dissem ination, distribution, o r copyi ng of this message is strictly prohibited. Please inform the sender that you received this message in error and delete the message from your system. From : Kb)(6);(b)(7}(C) Sent: Thursday, February I S, 2018 1:12 PM ~~~ f b)(6);(b)(7}(C) Price, Corey A; Rahilly, Lyn M I Subject: RE: NPR Questions on license plate readers I did send the last two questions to TRSS/Vigilant . Thanks, ---'1CPPB, CFCM L1b:c )(6::.);.(b-'::. X7.::. )(-.: C)_ _ _ _ _ Detention, Compliance and Removals (OCR) I Unit Chief DHS I ICE I Office of Acquisition Management (OAQ) Phone: 202-732-Eb)(6t l Mobile: 202-34S.j(b)(6H I Email: Kb}(6);(b}(7)(C) I NOTICE: This commun ication may contain privileged or otherwise confidential infonnation. If you are not an intended rec ipient or believe you have received this communication in error, any review, dissem ination, di stribution, or copyi ng of this message is strictly pro hibited. Please inform the sender that you received this message in error and delete the message from your system. 2018-ICLI -00035 1428 From : Rb)(6);(b}(7)(C) I Sent: Thursday, February I S, 2018 12:47 PM To: kh)(flHh)(~)(;) ,I Price, Corey A; Rahilly, Lyn M; kb)(6l:(b)(7)(C) Cc: kb)(6);(b)(7}(C) I Subject: RE: NPR Questions on license plate readers I can work the HSI end. kb)(6);(b}(7)(C) Acting Chief of Staff ICE-Homeland Security Investigations Cell: (347) 992-kb)(6)(b 1 From: kb)(61:(b)(7)(C) I Sent: Thursday, February I S, 2018 11:44 AM To: Price Core A' Rahill L n M' b)(6):(b)(7)(C) Cc: b)(6);(b)(7}(C) Subject: RE: NPR Questions on license plate readers Thank you much From: Price, Corey A February 15, 2018 11:20 AM To : b)(6);(b)(7}(C) Rahilly, Lyn M; kb)(6);(b}(7)(C) Cc: kb)(6H~ )I7\(C) I Subject: RE: NPR Questions on license plate readers Sent: Thursda D I will have my folks take a crack at the Enforcement/operational questions and get back to you on how long it will take them. From: kb)(6);(b)(7}(C) Sent: Thursday, February I S, 2018 10:26 AM To: Price, Corey A; Rahilly, Lyn M; CC : ih)(fl\- (~ )I7\(G ) .. Kb)(6);(b}(7)(C) I Subject: OPA: NPR Questions on license plate readers Corey£§]and Lyn - despite my best efforts to talk this NPR reporter down from this story, she is pursuing it and has a number of questions (see below). I recommend we respond to the questions but decline the recorded interview as I see nothing to gain by doing this interview. I'll remind her that NPR did an extensive sit-down interview on ERa's enforcement priorities with EAD Albence that never aired. What's the best way for me to get responses to these questions? Some of these are for contracting and some should have HSI weigh-in but the majority are ERa related or at least more interested in admin arrests. Copying k b)(6l: 1 for HSI since I'm not sure who is the HSI pac on this. 2018-IC LI -00035 1429 Her deadline is tomorrow/early next week but I'm going to let her know that we'll need more time to respond and that we don't conduct interviews about law enforcement tools and techniques. Thanks, kb)(6l:1 From: kb)(6);(b)(7}(C) Sent: Wednesday, February 14, 2018 8:37 PM To: l(b)(6);(b}(7)(C) I Subject: NPR Questions Hi ~ I finally had an opportunity to read through the DHS statement and the two sets of Privacy Impact Assessments (2017 & 2015) you sent along last week. After going through them, I have a series of questions which I am including below but would ideally like someone to answer in a recorded radio interview. This is, after all, a story that will be broadcast across one of NPR's national flagship programs and having ICE equally represented in the story is imperative. Perhaps you can arrange for a conversation with Executive Associate Director Matthew Albence or Chief Privacy Officer Philip Kaplan? I'm happy to come either one of them at their earliest availability. Here are some questions I've begun thinking about: b)(5);(b)(7}( E) 2018-ICLI-00035 1430 b}(5);(b}(7)(E) That's alii can think of for now. Let me know if you need any additional information from me. I'd love to speak w ith someone by the end of the day Friday, though early next week would work too. 2018-ICLI -00035 1431 Best regards, ~b)(6); (b)(7}(C) From: l(b)(6);(b}(7)(C) Sent: Wednesday, February 07,20181:15 PM TO: ~b)(6); (b)(7}(C) I Subject: license plate reader contrat statement Fb)(6);(b}(7)(C) I b}(5);(b}(7)(E) 2018-ICLI-00035 1432 b}(5);(b}(7)(E) k b)(6)-(b)(])(C) I National Spokesperson Office of Public Affairs U.S. Immigration and Customs Enforcement (ICE) Desk: 202-732-Kb)(6);(j Mobile: 813-2304(b)(6);(b) 1 kb)(6);(b}(7)(C) 2018-ICLI-00035 1433 From: Sent: To: Cc: Subject : M iller, Philip T 15 Dec 2017 13:13:52 -0500 tWeinberg, BiII;Price, Corey A Albence, Matthew RE: PIA for LPRs kh\IflHhV7\(G\ Cool, thanks y'all. Sent with BlackBerry Work (www.blackberry.com) From: kb)(6l:(b)(7)(C) Date: Friday, Dec 15, 201 7, 13 :1 2 To: Weinberg, Bill ~i=~~~~~~~~M:ill:e:r, Philip T F"b,,)(,,6),,;(b,,)('7-Xo.C,,)_ _ _ _ _ _---' Price, Corey Cc: Albence, Matthew kh\IRHh\(7)(r.\ Subject: RE: PIA for LPRs We do not believe it will impact our ability to award. TRSS has indicated that they would need some time to get everything set up (account s, privacy spl ash screen, links to CLEAR). The pri vacy offi ce has told us that as long as we do not use the search functionality before the PIA is approved , it doesn't matter when it is awarded. We expected to award thi s week and to begin use sometime in early January after TRSS has set everythi ng up. The POP would begin on the date of award, so currentl y 12/21/17. Kb)(6);(b)(7XC) I CrrB, CFCM Detenti on, Compliance and Removals (OCR) I Section Chi ef DHS I ICE I Office of Acqui sition Management (OAQ) Phone: 202-732-iiiillW Mobil e: 202-345-KbX6);(1 Ema il : Fb)(6);(b)(7}(C) I NOTI CE: Thi s communication may contain privil eged or otherwise confidenti al infonnation. If you are not an intended rec ipient or believe you have received thi s communi cation in error, any review, di ssemination, di stribution, or copying of thi s message is strictly prohibited. Pl ease inform the sender that you received thi s message in error and delete the From: Weinberg, Bill *~bQl)(~ 6)W :(bZl)(~7X~C~)=======:J Date: Friday, Dec 15, 2017, 1:09 PM To: Miller, Philip T t b)(6l:1b)(7VC) 1 Price, Corey A kb\(6Hb\(7)(C\ Cc: Albence, Matthew kb)(6):(b}(7)(C) I kb)(6):(b)(7)(C) 1 Subject: RE: PIA for LPRs 2018-ICLI -00035 1434 The first of the next month (Jan 1 hopefully) if he PIA is approved. BJ ch ime in if you know something different. Bill Weinberg Chief Acqu isition Officer US Immigration and Customs Enforcement Sent with BlackBerry Work (www.blackberry.com) =====:::1 From: Miller, Philip T 1(ilibijj)(ill 6lill : (b2ii)(~ 7)~ (cII Date: Friday, Dec 15, 2017, I :07 PM To: Weinberg, Bill t b)(6):(b}(7)(C) Cc: Albence, Matthew kb)(6):(b)(7}(C) kb)(6):(b)(7}(C) I Subject: RE: PIA for LPRs IPrice, Corey A kb)(6):(b)(7}(C) I When will the POP start? Sent with BlackBerry Work (www .blackberry.com) From: Weinberg, Bill lI!tb!R)(6ml1t Ib!RI17I l)(!cII l: To: Miller, PhDec ilip TI , 201 Date: Friday, Cc: I =====:::1 ~'i3:~O~4i:====~====::~~~PSL=====J LPRs From what I heard on the call , it would affect only the use of the data access. We are hoping to get the solicitation/award go ahead today? Bill Weinberg Chief Acqu isition Officer US Immigration and Customs Enforcement Sent with BlackBerry Work (www.blackberry .com) ;;:;:====:::J From: Miller, Phil ip T .~kb~I(~ 61~ ; (b~I(~ 7X~C~1 Date: Friday, Dec 1 , 201 To: Weinberg, Bill Cc: Albcnce, Subject: FW: PIA for =====::::J ~1~2:~5~6~P~M~~~~~:=J Corey A ~kb~I(~61&;(b~I('Q7X~cII I Bill, 2018-ICLI -00035 1435 Does this PIA delay impact our strategy to obligate the funds before December 22 nd ? Thanks, Phil From: Rahilly, lyn M Sent: Friday, December 15, 2017 12:55 PM To: Miller, Philip T .[tb~)(6!ii}] :(biii)('I 71ill (c;j}======J Subject: PIA for LPRs Phil, I asked Amber how the PIA schedule was looking. Apparently OPLA took longer on their review cycle than expected, so we are going to double-task OPLA and DHS to complete their reviews concurrently to save time. It's possible DHS's PIA approval will slip to early January. I hope to have more information for you early next week after Amber talks to the Deputy Chief Privacy Officer. Thanks. Lyn Rahilly Assista nt Director for Information Governance & Privacy U.S. Immigration & Customs Enfo rcement Direct: (202) 732 b)(6) Main: (202) 732- ;(b)(7 Questions? Please visit the Information Governance & Privacy Office website at https:llinsighUce.dhs.gov/mgt/ig p/Pa ges/index.aspx. 2018-ICLI -00035 1436 ~b)(6); (b}(7)(C) From : Sent: 18 Dec 2017 22:48:41 +0000 b)(6);(b)(7}(C) To : Cc : Subject: Thomson Reuters Response to RFQ 70CDCR18QOOOOOOOS - LPR Database Access - Source Selection Sensitive - Due 12/18/17 Attachments: 02 06_70CDCR18R00000001- West (2) signed. pdf, ICE LPR Pricing - Thomson Reuters - 12-18-17.xlsx, Thomson Reuters Price Quote for ICE RFQ 70CDCR18QOOOOOOOOS - 12-1817.pdf, Thomson Reuters Technical Response for ICE RFQ 70CDCR18QOOOOOOOS - 12-18-17.pdf Importance: High r Hi, f b)(6);(b}(7)(C) On beha lf of Kb)(6);(b)(7}(C) Iand the Thomson Reuters (DBA West Publishing Corporation) team, along wit h our partner, Vigilant Solutions, I am submitting our response to RFQ 70CDCR18QOOOOOOOS, for Access to License Plate Reader Data. To comply w ith the instruction to provide no pricing information in the Technical Quote, we are submitting sepa rate technical and price quote files. Here is a summary of the attached files comprising our quote: • • • • PDF Technical Response, including individual responses to SOW requi rements and our Past Performance information PDF Price Quote, including a copy of the Excel table included with the RFQ. our vendor terms, conditions, assumptions, and requested exceptions for negotiation PDF Signed, including notations about our reps and certs through the SAM site in the corresponding areas of the solicitation document Excel Price File We have aimed to comply with the instructions and requirements, but welcome any questions that may arise as our information is being evaluated. You may reach me using the contact information that follows this message, and will be ava ilable tomorrow. Of cou rse, you' re well acquainted with how to reach ~b}(6); (b}(7)(C I Regards, ~ kb)(6Hb}(7)(C) • I CF APMP Senior Proposal and Compliance Coordinator Office of General Counsel Thomson Reuters the answer company Phone: +1(703) 219 Mobile: +1(703) 909 Kb)(6);(b)(7}(C) This year we're supporting charities and communities around the globe through 80,000 volunteer hours! Intrigued? Visit tr.com/cr for more information. 2018-ICLI -00035 1437 This e-mail and anything transmitted with it are for the sole use of the intended recipient and contains information that may be attorney-client privileged andfor confidential. If you are not an intended recipient, please notify the sender by return e-mail and delete this e-mail and any attachments. 2018-ICLI -00035 1438 REQUEST FOR QUOTATION (THIS IS NOT AN ORDERI 12. ,. REQUEST NO 70CDCR18QOOOOOO05 5.0. ISSUE D BY [X] 0 " THISRFO ~ 51 RA.TING CERT. FOR NAT. ClEF. UNDER BDSA REG. 2 ANDIORDMSREG .1 1 2/15/2017 AAGE S AA:E r' 13. REQUISITlONl!'URCHASE REQUEST NO D"TE ISSUED I IS NOT " SIAALLBUS IN ESSSET " SICIE 6. OElrllERY BY (o"t.) I CE/ De te ntio n Comp liance & Re movals Immigra tio n a n d Customs Enforcement Office of Acquisition Management 801 I St r eet , NW kh\IflHh\(7)(G\ I WAS HI NGTON OC 20536 Multiple o 1. 0ElrllERY !Xl FOB OESTlWlTION OTHE R (S- Sch&duIe) 9. DESTINATION • NiWE Of CONSIGNEE 5b. FOR INFORIAATlON C" Ll: (No ooIIecI~l.<) TElEPffONE NUMBER ~, I Kb)(6):(b)(7}(C) b. STREET IIODRESS I732- b)(6): NUMBE~ IIREACOOE 202 r. 8. TO; •. NiWE COI.IPANY West Publishing Corporation c. SrREET"IXlRESS e. CITY 610 Opperman Drive Remittance: PO Box 6292, Carol Stream, Illinois 60197-6292 d. CITY Eagan If. ZIP COOE •. ST"TE MN d. STATE 55123 l e. ZIPCOOE IMPORTA.NT: Thio ;.. _ S l I", ;m",matio<>, 00"1<1 quoI&t.,.,. l_ ... 001 011..... Wyou _ . . - "'~. pie . .. so indicat. on .... fOtm ""'" fOI\Jm ~ 10 .". od0>0"""*" '0 P<"I ""'Y CO$I$ -..red in "'" po-eparig'" ....... ~ -..~ by QUO"" lIny """".."1;>1",,. and/", e.llod 10 .... R&queSl l", Ouot;>tiod ". SIGNA.TURE C;:~b SIGN QUOTAT l West Publishing Corporation o. COUNTY c. :lOCALENOiIR DAYS 1'-) NUMBER 13. NiWE AND AIlORESS Of OUOTER •. NiWE Of QIJOTER b. 20CAlENDiIR DAYS I'!.) •. NAME (Typo ~b){6); {b)(7){C) I •. MN ST" TE 1. Z IP COOE 55123 h. TE LEPHONE Of print) I ~,~ 651 c. T ITLE (Typo Of pritJ/) NUIABER Director of Procurement/Proposal Mgmt. AUTHORIZED FOR LOCAL REPRODUCTION Prev;ous ed~iof1 not usable 687-4406 STANDARD FORM 18 (REV. 6-95) Prescribed by GSA _FAR (48 CFR) 53.215-1 (a) 2018-ICLI -00035 1439 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BE ING CONTINUED 7QCDCR18Q00000005 51 NAME OF Of"FEROR OR CONTRACTOR ITEM NO OUANTITY UNIT SUPPLIES/SERVICES (A) (B) (e) UNIT PRICE (D) (E) AMOUNT (F) (Op t ion Line I tem) 02/20/2018 Product/Service Code : 0317 Product/Service Description : IT AND TELECOM- WEB-BASED SUBSCRIPTION Period of Performance : 02/01/2018 to 01/31/2019 0003 Option Period 2 - 02/01/2019 - 01/31/2020 12 MO ~L[)b-,-X-, 4 )_ _ _ _. -_ _ _---,1 CCESS TO LICENSE PLATE SYSTEM (Al l ICE Use rs ) This is a Firm-Fixed Price ( FFP) CLIN . (Opt ion Line I tem) 05/20/2018 Product/Service Code : 0317 Product/Service Description : IT AND TELECOM- EB-BASED SUBSCRIPTION Period of Performance : 02/01/2019 to 01/31/2020 0004 Option Period 3 - 02/01/2020 - 09/30/2020 CCESS TO LI CENSE PLATE SYSTEM (Al l ICE Use r s) This is a Firm-Fixed Price (FFP) CLIN . (Op t ion Line I tem) 08/20/2018 Product/Service Code : 0317 Product/Service Description : IT AND TELECOMWEB-BASED SUBSCRIPTION Peri od of Perfo rman ce : 02/01/2020 to 09/30/2020 2018-ICLI -00035 1440 8 MO b}(4) 3 Request for Quote for Access to License Plate Database Contracting Office Address: Immigration and Customs Enforcement Office of Acquisition Management 801 I. St NW, Washington, DC 20536 Description: NA ICS Code: 519190 - All Other Infonnalion Services. Thi s is a combined synopsis/request for quote for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and under the authority of FAR 13, as supplemented with additional infonnation included in this notice. The North American Industry Classification System (NA ICS) Code for this procurement is 5 19190 and is being conducted as sole source procurement. The Immi gration and Cuslom's Enforcement's (ICE) Enforcement and Removal Operations (ERO) and Homeland Security Investigations (I·ISI) is requesting that vendors submit a quote fo r a firm fixed price contract for access to a license plate reader database as set fonh in the attached Statement of Work (SOW). Period of Performance: The anticipated period of performance wi ll include a base period of fony-one (41) days, two (2) twelvemonth options periods, and one ( I) eight-mo nth option period. Instructions to Offerors/Response Reguirement: Interested contractors must submit information necessary to demonstrate their capabil ities to support the ICE requirements including perfonnance requirements, functional requirement, alert list capabilities, mobile device capabi lities, audit and reponi ng capabilities, as specified in the attached Statement of Work. Offcrors shall return thc comp lcte quotation packagc, in e1cctronic formal. Electronic copies can lat be sent to kh\IflHh\(7)((;\ kb\(6Hb\(7)(C\ I Facsimile and hard copy quotes are not permitted and will be disregarded if recei ved. All electronic fi les should be labeled with the Offeror's name, quotation number, submission date and the words "Sourcc Selection Sensitive" and "Law Enforcement Sensi ti ve". Proprietary information sha ll be clearly marked. a. Format. The submission shall be clearly indexed and logically assembled. Each section shall be appropriately numbered and clearly identified with the date and quotatio n number in the header and/or footer and shall begin at the top of each page. NOTE: Pl ease submit a signed and dated cover letter with your quote addressed to Mr. William Quigley with your company's contact information. A Table of Contents should be included. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies to all sections. Times New Roman fonts is suggested. b. File Packaging. Written quotes shall be submitted in one volume with three (3) sections, as outlined below. Use tab indexing sufficient to identify all sections within a pan ieular quote section. The Offeror is required to provide the quote via email to 2018-1C Ll -00035 1441 4 b 7 Lf")(6;:-),;(b." : X--;)(,C ,:: ) ==::--;",,===;;c=::;-c=;:--::==o:-:===IThc Offeror should submit Attachment 4 in Microsoft Excel, with viewable calculations. The following sha ll be included in the Narrative discussion: SECTION I T ECHNICAL APPROACH: The offeror must submit information to demonstrate that the Offeror' s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the Request for Quote and whether the Offeror's methods and approach to meeting the SOW requirements provide the Govemment with a high level of confidence of successful completion. No pricin g information is to be provided in the Tech nical Q uote. Techn ica l Data base Information Submittal. The vendor shall provide a description of its electronic infonnation retrieval services that addresses: • • • • • • Compliance with the SOW Number of current records Abil ity to collect new records Identification of states or metropolitan areas where significant records are provided Abil ity to add and/or delete subscribers Return time on query Qu a lity Control Pla n. The Offeror's Quality Control Plan (QCP) should describe the methods it will use to review its performance to ensure it conforms to the perfonnance requirements. The Offeror's QCP shou ld include methods that ensure and demonstrate its compliance with the perfonnance requirements and the QASP discussed in Attachment 2. SECTION 11- PAST PE R FO RMANCE: The contractor shall provide a list of contracts or orders for the purpose of past perfomlance evaluation. The contractor may also provide other fomls of documentation which provide infonnation on the company's past perfonnance. Valid past perfonnance is evidence of similar work accomplished within the past three years. SECTI ON 111- PRI CE. The offeror shall complete Attachment 4, with pricing for the base and each option period for each Contract Line Item (CLlN). A Fir m Fixed Price Quote a nd a w ritten technica l quote must be submitted by December 18,2017 by 6:00 PM EST (1800) via email to ~b)(6); (b)(7}(C) Ia nd ~b)(6); (b}(7)(C) I Quotes must include the company's name, point of contact, address, area code and telephone number and (ma ndatory) DUNS number. All quotes received without va lid DUNS number (those not registered in the System for Award Management (SAM) www.sam.gov), wi ll be considered inel igible. Issue of the contract will be made to the contractor that offers the best va lue to the Government, cons idering price, past perfonnance, and technical in accordance with FAR 13.106. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer confirming to the solicitation wi ll be most advantageous to the Government, price, and other factors considered. The criteria for evaluation arc as follows: 1. Technical Capabi lity 2. Past Perfonnance 3. Price. 2018-ICLI -00035 1442 5 The above listed evaluation factors are listed in descending order of importance . Technica l and past performance , when combined, is significantly more important than price. Instructions: FAR 52.212-\ "Instructions to Offerors - Commerc ial" applies to this acquisition. OtTerors are to incl ude a copy of FAR provision 52.212-3 "Offeror Representations and Certifications Commerc ial Items" with their response. The fo llowing FAR clauses also apply: 52.2124 "Contract Terms and Cond itions - Commerc ial Items" and 52.212-5 "Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items", with the clauses cited further in this synopsis as being applicable. The aforementioned provisions and clauses can be accessed electronically at http ://acquisition.gov/comp/far/index.html. Prospective sources are reminded that award can only be made to a contractor who is registered in the System for Award Management (SAM) (www.sam.gov) database with an active Dun & Bradstreet Number. Attachments: Attachment I: Statement of Work (SOW) Attachment 2: Quality Assurance Surveillance Plan Attachment 3: Terms and Cond itions Attachment 4: Price 2018-ICLI -00035 1443 6 Statement of Work Access to License Plate Reader Commercial Data Service C. I. l NTRODUCTION AND BACKGRO UND. The intent of this Statement of Work (SOW) is to describe ICE' s operational requirements to obtain qucrybased access 10 a commercially avai lable License Plate Reader (LPR) database to support its criminal and immigration law enforcement missions. A commercial LPR database stores recorded vehicle license plate numbers from cameras eq uipped with license plate reader technology. Records arc uploaded into the system from a variety of governmental and private sources including, but not limited to, access control systems such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. Licenses to access the commercial database are sold to commercial consumers as well as to law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database . ICE wi ll use LPR information obtained in response to queries of the commercial database to further its crimillallaw enforcement and civi l immigration enforcement missions. ICE immigration enforcement personnel will query the LPR database using known license plate numbers associated with subjects of their immigration enforcement activities, to detem1ine where and when the vehicle has traveled withi n a specified period of time. The results of the queries wi ll assist in identifying the location of al iens to further ICE's immigration enforcement mission. ICE will also use LPR infonnation obtained from the commercial database to furthe r its criminal law enforcement mission, which includes investigations relatcd to national security, illegal arms exports, fina ncial crimes, commercial fraud, human trafficki ng, narcotics smuggling, ch ild pornography, and immigration fraud. For example, use of LPR data in this context could he lp to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal act ivity, such as smuggling. Use of this data is expected to enhance officer and public safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g., away from a subject' s residence if there are suspected to be children or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially available, query-based LPR database for ICE law enforcement personnel at ICE offices across the United States in the execution of their offic ial law enforcement dulies. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performa nce Requirements The vendor provides: Data Service ContentJScope • The LPR data service shall contain LPR reco rds from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substantial unique LPR detection records. • The LPR data service shall compile LPR from at least 25 states and 24 of the top 30 most populous metropolitan statistical areas to the extent authorized bv law in those locations. o A metropol itan statistical area is defined as; a geographica l region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office 2018-ICLI-00035 1444 7 of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies fo r statistical purposes. • The LPR data service provider shall demonstrate the number of new unique records that were added to the commercially available LPR database each month for the last consecutive twelve (12) months. • The LPR data service shall make avai lable at IcaslJO million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing similar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing simi lar services to other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instruct ions and guidancc to fac ilitatc usc of systcm. • The abil ity to compare new user requests with lists of personnel authorized by ICE to use the vendor system. • Automatic verification of accounts with the ability to audit by using the user's Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or ind irectly by the National Law Enforcement Telecommunication System (N LETS). • The ability to add new users or delete existing users within 24 business hours of ICE's request. • Ini tial trai ning to orient personnel to the use of their system, including " Help Desk" support related to the use, access, and maintenance of the system. • Systcm training and "Esca lation Proccdurcs" for agcncy manager and shall includc proccdurcs for resctting passwords. • Unlimi ted tcchnical support to each user. • Periodic or as needed updates to the web interface and mobile application. The vendor will employ appropriatc tcchnical, administrativc, and physical sccurity controls to protcct thc intcgrity, availability, and confidcntiality of thc data rcsidcnt in its systcm. Functional Requirements Querv Ca/JabiliTies • Before a user is able to perform a query from the main system or mobile application, the system must d isplay upon logon a splash screen that describes the agency's pennissible uses of the system and data, and requires the user to affirmat ively consent to these rules before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be avai lable to the users via a hyperlink within the main system interface (including any mobile app interface). o The agency will provide the language for the splash screen content. • All qucrics ofthc LPR data scrvicc shall be bascd on a liccnsc platc number qucricd by thc uscr only, and thc data rcturned in response must bc limited to matchcs of that license plate number only within the specified period oftimc. 2018-ICLI-00035 1445 8 • The system will not permit user queries of the data service unless a license plate number is entered. A query can only be conducted by entering a license plate number. • The query interface wi ll incl ude a drop-down field fo r users to select a reason code for the query from a pre-populated list. The specific reason codes wil l be provided by ICE. This field is mandatory for conducting a query. • The query interface wi ll req uire a user 10 identify whether the user is entering data for him or herself or fo r another individual. If the user is entering data fo r another individual, the query interface will require the user to enter the name of the other individual. • The query interface must include a free- text field of at least 255 characters for user notes. This wi ll allow for additional information that will assist ICE in referencing the specific case for which the query was performed. Completing this fie ld shall be mandatory for conducting a query. • The system will have the capability to limi t the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface will have a fie ld for the user to se lect or input the appropriate timeframe fo r the query. o The system will display results only for LPR detection records within that timeframe (e.g. , only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets, with a margin of error not more than 2%. • To ensure accuracy of info rmation, the response to a query must include at least two photos on all hits. o Photos must be of sufficient quality to allow the user to visually confirm the license plate and vehicle make/model in the photo arc the same as what is represented in the vendor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two different map views, nearest address, nearest intersection, date and time the license plate was captured, GPS coordinates, and source of the record. o The vendor shall provide a notification mechan ism in the event ICE users identify photographs that do not match the data in their system (l icense plate numbers or make/model mismatches). The vendor shall address a ll erroneous data. The vendor sha ll notify ICE and the ICE user of any inputted erroneous data and keep ICE and ICE users informed of corrections to erroneous data. • The vendor will not use any information provided by the agency (query data) for its own purposes or provide access or diselose such information to other customers, business partners, or any other individual or entity. • The vendor will not usc ICE' s queries (the license plate numbers input into the system) for its commercial purposes. The vendor will only usc the queries submined by ICE to maintain an audit log. Alert Lis! Ca/Jabili!ies • The LPR data service shall provide an "Alert List" feature that wi ll allow ICE users to save license plate numbers so they will be automatically queried agai nst new records loaded into the vendor's LPR database on an on-goi ng basis. Any matches will result in a ncar real-time notification to the user. 2018-ICLI -00035 1446 9 • The LPR data service Alert List wi ll provide capabiliti es to share Alert List notifications between ICE users involved in the investigation. • The Alert List feature wi ll: 1) Automatically match new incoming detection records to user-uploaded orentered Alert Lists containi ng the license plate numbers of interest in the investigation; 2) Send an email notification to the user originating such Alert List records and to any ICE user that has been shared the Alert List indicating there is a license plate match to new records in the system; and 3) Provide wi thin the LPR system for download a PDF case fi le report for the match (wi th maps, vehicle images, and all pertinent detection & Alert Li st record informatio n) for each email alert notification. The notification must be able to be limi ted to the user o r a user group of ICE law enforcement officers invol ved in the specific investigation. The notification will comply with all applicable laws, including the Driver's Privacy Protection Act of 1994, 18 U.s.c. §§ 2721 -2725. • The LPR data service wi ll allow speci ficall y designated users to batch upload a maximum of 2,500 license plate records into the "Alert List". The batch upload will be in the fo rm of a si ngle comma separated variable (CSV) fil e with data fields to include, but not limited to the fo llowing: Plate number; State of Registration; Vehicle Year, Make, Model & Color; reason code and an open text field, of at least 255 characters, fo r a user note to assist in referencing the specific purpose / investigation / operation for which the query was performed. • • The Alert List function wi ll include an automated capability that flag s license plates for de-confl iction. License plate pictures takcn with the automatcd Optical Charactcr Rccognition (OCR) plate number translation shall be submitted to the LPR data service system for matching with license plates on any current ICE Alert List. Any positive matchcs shall rcturn to the iOS appl icat ion (identified below) alerting authorized users of a posi ti ve match. Thcse pictures will be uploaded into thc data scrvice query by an authorized ICE uscr along with any mandatory information necded fo r a norma l query. The pictures will be retained in the vendor's system for audit purposes only and wi ll not be otherwise accessible or usable for search purposes. • Each license plate numbcr on an Alert List wi ll be va lid for one year unless the uscr removes it before expiration. The system wi ll prompt uscrs two weeks prior to expiration and require the user to a ffirmati vely indicate that there continues to be an opcrational requirement to keep the particular license plate entry on the Alert List active, or be given the option to delete the license plate from the Alert List. Prompts should continue periodically until the expiration date is reached. The system will grant the user an additional week after expiration to renew the entry in the Alert List. If the user does not renew, the system shal l remove the license plate number from the Alert List. • All Alert List activity shall be audited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall not retain any data entered onto an Alert List except as part of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert List. Mobile Device CapabiliTies • The LPR data service shall feature an iOS-compatible mobile appl icat ion that allows authorized ICE users to: o Query the LPR data service by entering the license plate number, state of regis Irati on, reason code, and the ability to add returned positive matches into the Alert List. 2018-ICLI-00035 1447 10 • o Have quick access and recall of any queries and Alert Lists associated with the user or designated user group. The vendor application wi ll delete any saved dala on the mobi le device after 60 days, ifnot already deleted manually by the user. o Provide capabilities to share Alert List notifications between ICE users involved in the investigation. The mobile application wi ll conform 10 all other performance, privacy, and functional requirements identified in the SOW. The vendor shall coordinate with ICE 10 make sure that the mobile appl ication undergoes the required privacy assessment prior to usc. Audil and Reportillg Capabililies • The vendor shall generate an immutable audit log in electronic fo rm that chronicles the fo llowing data: o Identity of the user initiating the query or the person on whose behalf the query is initiated, if diffe rent; o Exact query entered, to include license plate number, date limitations, geographic limitations (if applicable), reason code, and any other data selected or input by the user; o Date and time of query; and o Results of the query. • All Alert List activity shall be audited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall provide to ICE user audit reports on a quarterly basis and upon request. Audit reports shall contai n the audit log information of a given user(s) for the specified period of time. The vendor shall provide the audit log in electron ic form via secure transmission to ICE promptly upon request. The format of the audit log shall allow for ICE to retrieve user activity by user name (or 10), query entered (e.g., particular license plate) and date/time. The exact technical requirements and format for the audit log wi ll be negotiated after contract award. • The vendor sha ll promptly cooperate with an ICE request to retrieve and provide a copy of the actual records retrieved from the LPR data service in response to a particular query, or any other data relevant to user activity on the vendor system, fo r purposes of the agency's internal investigations and oversight. • The vendor shall not use audit trai l data fo r any purpose other than those specified and authorized in this contract. • The vendor is to provide quarterly, or upon request, statistics based on positive hits agai nst the number of requested searches and hit list. • The audit logs specified in this statement of work are records under the Federal Records Act. The vendor shall maintain these records on behalf of ICE throughout the life of the contract, but for no more than seven (7) years. The vendor is not authorized to share these records, or the Alert List data, with any outside enti ties including other law enforcement agencies. At the end of the contract, the vendor shall extract, transfer, and load these records (including any still-active Alert List data, if requested by ICE) to another storage medium or location specified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After successful transfer of these records, the vendor shall ensure all copies of the records (including any still-active Alert List data) are securely deleted from all networks and storage media under its control or under the control of any of its agents or subcontractors. The vendor shall meet the fo llowing Key Performance Parameters (KPPs): 2018-ICLI-00035 1448 11 1\1 ctne LPR Data Service Unit of Measure l\1inllnum Uptime - Unit of measure 100% > 99.0 Operating Schedule 24/7/365 Scheduled downtime 99.0 Operating Schedule 24171365 Scheduled downtime 99.0% Validated User/C ustomer downtime shall not exceed 4 hours in any I month period and Meantime between failure (MTBF) is 4,000 operating hours Complaints 100% inspection Withholding Criteria to Monthlv Payment - 20% withholding for the first hour (or any part thereot) in excess orthe 4 hour limitation. - 0.5% withholding for each hour thereafter until the data service is operable. The withholding shall be determined by prorating the number of days deficient within the particular billing month . Performance Requirement Paragraph Performance Standard Overall Support Service 4.4 4.10 Support Availability Results of LPR Query 4.5.3 4.6.2 Length of time for Results of LPR query to appear after being entered in the end-user computing device Performance Level Surveillance Method Support Service must be available 24/7/365 >99% Monitored monthly during the Transition In period. Contractor selfmonitoring and Validated User/C ustomer Complaints 100% inspection Less than 5 seconds after submission 95% Monitored monthly during the life of the contract Contractor Selfmonitoring and Va lidated User/C ustomer Complaints 100% Inspection Performance Indicator "o '"o-'~ r 6 o o '"'" ... "'" ~ Withholding Criteria to Monthly Payment -98% / 93% / 88% compliance will result in 2% I 5% I 10% withholding from the invoice(s) of the facilities involved. The withholding shall be determined by prorating the number of days deficient within the particular billing month. -93% / 88% / 83% compliance will resu lt in 2% I 5% / 10% withholding on the total volume of reports for the facility. The withholding shall be determined by prorating the number of days deficient within the particular billing month. 4. METHODS OF QUALITY ASSURANCE (QA) SURVEILLANCE Regardless of the surveil lance method, the COR shall always contact the Contractor's task manager or onsite representati ve when a defect is identified and inform the manager of the specifics of the problem. The COR, w ith assistance from the CO, shall be responsible for monitoring the Contractor' s performance in meet ing a specific perfonnance standardlAQL. Various methods exist to monito r performance. The COR w ill use the surveillance methods listed below in the administration of this QASP. a. PERIODIC INSPECTION • Scheduled quarterly inspection of audit logs or as required b. V AUDATED USER/CUSTOMER COM PLAINTS The Contractor is expected to establish and maintain professiona l communication between its employees and customers. The primary objective of thi s communication is customer sati sfaction. Customer satisfaction is the most significant external indicator of the success and effectiveness of all services provided and can be measured through customer complaints. Perfonnance management drives the Contractor to be customer foc used through initially and internally addressing customer complaints and investigating the issues and/or problems but the customer always has the option of communicating complaints to the COR, as opposed to the Contractor. Customer complaints, to be considered va lid, must be set forth clearly and in writing the detailed nature of the complaint, must be signed, and must be forwarded to the COR. Customer feedback may also be obtained ei ther from the results of customer satisfaction surveys or from random customer compla ints. • • • Review of identified deficiencies and or complaints made by users of the services Investigate and validate Review of notification of report di screpancies c. 100% INSPECTION • • • • Review Review Review Review of LPR Data Service uptime of Scheduled Downtime Meantime Between Failure (MTBF) Overall Support Service Availabi lity d. Analys is of Contractor' s progress report. The Contractor is required to provide a weekly progress report that will be used to communicate the Contractor's status in the Transition phase. e. Performance reporting. Surveillance results wi ll be used as the basis for actions against the Contractor Past Performance Report. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO 's actions. 2018-ICLI -00035 1453 5. DOCUMENTING PERFORMANCE Documentation must be accurate and thorough. Completeness, currency, and accuracy support both satisfactory and unsatisfactory performance a. ACCEPTABLE PER.FOR.MANCE The Gove rnment shall document positive performance. All positive performance should be documented by an email to the COR descri bing the outstanding performance and why it is of value to the Government. This information shall become a part of the supporting documentation for the Contractor Performance Assessment Reporting System (CPARS) and the QASP b. UNACCEPTABL E PERFORMANCE When unacceptable performa nce occurs, the COR shall inform the Contractor. This will be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the CO R detemlines fo mlal written communication is required, the CO R sha ll prepare a Contract Discrepancy Report (CDR), and present it to the Contractor's representative. A CDR template is attached to thi s QASP. The Contractor will acknowledge recei pt of the CDR in writing. The CDR will specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable perfonnance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to present thi s corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to detennine acceptability. Any CD Rs will become a part of the supporti ng documentation for Past Performance. 6. FREQUENCY OF MEASUREMENT Whil e the Contractor is fu lly expected to comply wi th all requirements in the PWS, the Government's assessment of Contractor performance will focus mainly on the objectives listed in the AQL column of the Performance Standards Summary Matrix. The COR will monitor the Contractor's performance to ensure it meets the standards of the contract. Unacceptable perfonnance may result in the Contracting Officer taking any of the fo llowi ng actions : Require the Contractor to take necessary action to ensure that future perfonnance confonns to contract requi rements, reduce the contract price to reflect the reduced value of the services, issue a Contract Discrepancy Report, or require the Contractor to re-perfonn the service. In add ition, the Contractor's performa nce will be recorded annually in the Contractor Perfonnanc e Assessment Report (CPAR). Signature - Contracting Officer's Representati ve Signature - Contracting Officer 2018-ICLI -00035 1454 ATrACHMENT 3: TE RMS AND CON DI T IONS CUSTOM CO ADDED TERM S AN D CONDITIONS In the case ofa conflic t between the terms and conditions of the contractor's agreement and the terms and cond itions of this purchase order, all appl icable federa l stat utes and regulations shall govern. 52.204-2 1 BASI C SAFEGUARDING OF COVE RED CONTRACTOR INFORMATION SYSTEM (JUN 2016) (a) Definitions. As used in this clause"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract informat ion. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or del iver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. " Information" means any commun ication or representation of knowledge such as fac ts, data, or opin ions, in any medium or form, including textual , numerical, graphic, cartographic, narrative, or audiovisual (Commi ttee on National Securi ty Systems Instruction (CNSSI) 4009). " Information system" means a discrete set ofinfonnation resources organized fo r the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or contro ls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (\) The Contractor shall apply the following basic safeguarding rcquircments and procedures to protcct covered contractor infonnation systcms. Requiremcnts and procedures fo r basic safcguarding of covered contractor information systems shall include, at a minimum, the followi ng security controls: (i) Limit informa tion system access to authorized users, processes act ing on bchalf of authorized users, or devices (including other information systems). (ii) Limit infonnation system access to the types of transactions and funct ions that authorized users are permitted to execute. (ii i) Verify and control/limit connections to and use of external information systems. (i v) Control infonnation posted or processed on publicly accessible infonnation systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisi te to allowi ng access to organizational information systems. (vii) Sani tize or destroy information system media containing Federal Contract Infonnation before d isposal or release for reuse. (viii) Limit physical access to organizational infonnation systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintai n audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and COrTect information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new rcleases arc available. 2018-ICLI-00035 1455 (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguardi ng requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts fo r the acquisition of commercial items, other than commercially available off-the-shelf items), in wh ich the subcontractor may have Federal contract information residing in or transiting through its info rmation system. 52.209-07 INFORMATION REGARDING RESPONS IBILITY MATTERS (JUL 2013) (a) Defi nitions. As used in this provision. "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a detem1ination of fault or liabi lity (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armcd Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State leve l but only in connection with performance ofa Federal contract or grant. It does not include agency actions suc h as contract audi ts, site visits, corrective plans, or inspection of deliverables. " Fcderal contracts and grants with total value greater than S IO,OOO,OOO" means. (I) The total value of al l current, active contracts and grants, including all priced options; and (2) (2) Thc total value of all currcnt, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). " Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business ent ity (e.g., general manager; plant manager; head ofa division or business segment; and similar positions). (b) The offeror [1 has [ I does not have current active Federal contracts and grants with total value greater than S I 0,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of th is offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (F APIIS) is current, accurate, and comp lete as of the date of submission of this offer with regard to the fo llowing information: (\) Whcther the offeror, and/or any of its principals, has or has not, within the last fi ve years, in connection with the award to or perfommnce by the offeror of a Fedcral contract or grant, been the subject ofa proceeding, at the Federal or State level that resulted in any of the followi ng dispositions: (i) In a criminal proceed ing, a conviction. (ii) In a civil proceeding, a fi nding of fau lt and liabil ity that results in the payment of a monetary fine, penalty, reimbursement, restitut ion, or damages of$5,000 or more. (ii i) In an administrative proceeding, a findin g of fault and liabi lity that resu lts in. (A) The payment ofa monetary fine or penalty ofS5,000 or more; or (8) The payment ofa reimbursement, rest itut ion, or damages in excess ofSI 00,000. (iv) In a criminal, civil, or administrative proceeding, a di sposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the procecding could have led to any of the outcomes specified in paragraphs (c)( I lei), (c)( 1)(ii), or (c)( 1)(ii i) of this provision. 2018-ICLI-00035 1456 (2) [fthe offeror has been involved in the last five years in any of the occurrences listed in (c)(I) of this provision, whether the offeror has provided the requested infonnation with regard to each occurrence. (d) The offeror sha[1 post the information in paragraphs (c)( I)(i) through (c)(I)(iv) of this provision in FAPll S as required through maintaining an active registration in the System for Award Management database via https:llwww.acquisition.gov(see52.204-7). S2.212-IINSTR UCTIONS TO OFFERORS. COMMERCIAL ITEMS (JAN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and sma[1 business size standard for thi s acquisition appear in Block [0 of the solicitation cover sheet (Sf. [449). However, the small business size standard for a concern which submi ts an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF [449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show. ([) The sol icitation number; (2) The ti me specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A tcchnical dcscription ofthc itcms bci ng offcrcd in sufficient detail to cva[uatc compliance with thc requircments in the solicitation. This may include product literature, or other documents, ifneeessary; (5) Tem1s of any express warranty; (6) Price and any discount terms; (7) " Remit to" address, if different than mai ling address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete e lectronically); (9) Acknowledgment of Solici tation Amendments; ([0) Past performance information, when included as an evaluation fac tor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (II) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with a[1 terms, condi tions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the tenns and conditions of the sol icitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the sol icitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitat ion, these samples shall be submitted at no 2018-ICLI-00035 1457 expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submi t mUltiple offers presenting alternative terms and conditions, ineluding alternative line items (provided that the alternat ive line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted wi ll be evaluated separately. (I) Late submissi ons, modifications, revisions, and withdrawals of offers. (I) Offerors arc responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time speci fi ed in the sol icitation. lfno time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time speci fi ed for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and. (A) lfit was transmitted through an electronic commerce method authorized by the sol icitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (8) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the lime set for receipt of offers; or (C) If this sol icitat ion is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any ti me it is received and may be accepted. (3) Acceptable evidence to estab lish the time of receipt at the Government installation includes the time/date stamp of that install ation o n the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the so licitation, and urgcnt Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral so licitations may be withdrawn orally. If the sol icitation authorizes facs imile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the sol icitation conccrning facs imil e offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set fo r receipt of offers, the identity of the person requesting withdrawal is establ ished and the person signs a receipt for the offer. (g) Contract award (not applicable to Invi tation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such 2018-ICLI-00035 1458 action is in the public interest; accept other than the lowest offer; and waive informalit ies and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item fo r a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availabi lity of requirements documents cited in the solicitation. (I)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FP MR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to. GSA Federal Supply Service Specifications Section Suite 8100 470 East L' Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 6 19-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitat ion may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1 lei) of this provision. Additional copies will be issued for a fcc. (2) Most unclassified Defense specificat ions and standards may be downloaded from the fo llowing ASSIST websites: (i) ASSIST (https:llassisl.dla.mil/onlinclstan!). (ii) Quick Search (http;llguieksearch.dla.mi lD. (ii i) ASS1STdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by. (i) Using the ASS IST Shopping Wizard (https:llassist.dla.mi l/wizardlindex.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (ii i) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Phi ladelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. U) Unique entity identifier. (Applies to all offers exceeding $3 ,500, and offers of$3 ,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" 2018-ICLI-00035 1459 followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (E FT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32. 11) for the same entity. If the Offeror does not have a un ique entity identifier, it should contact the entity designated at www.sam.gov fo r un ique entity identifier establishment directly to obtai n one. The Offeror should indicate that it is an offeror for a Government contract when contacting the enti ty designated at www.sam.gov for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to thi s solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be regi stered in the SAM database prior to award, during performance and through final payment of any contract resulting from th is sol icitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer wi ll proceed to award to the next otherwise successful regi stered Offeror. Offerors may obtain infonnation on regi stration and annual confirmation requirements via the SAM database accessed through hllps://www.acquisition.gov. (I) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (I) The agency's evaluation of the significant weak or deficient fac tors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past perfonnance information on the debriefed offeror. (3) The overall ranking of all olTerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivcred by the successful offcror. (6) Reasonable respo nses to relevant quest ions posed by the debriefed offeror as to whcther source-selection procedures sct forth in the solicitation, appl icable regulations, and other appl icable authorities wcre fo llowcd by the agency. (End of provision) S2.212-2EVAL..UATION. COMMERCIAL.. ITEMS (OCT 2014) (a) The Govcrnment will award a contract resulting from thi s solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The followi ng factors shall be used to evaluate offers: I. Technical Approach II. Past Perfonnance II I. Price Technical and past performance, whcn combined, are significantly more important than price. (b) Options. The Government will evaluate offers fo r award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option 2018-ICLI-00035 1460 prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A writtcn noticc of award or acccptancc of an offcr, mailed or otherwise furnishcd to the succcssful offcror within the time for acceptance specified in the offer, shall result in a binding contract without furt her action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, un less a written notice of withdrawa l is received before award. 52.212-3 (NOV 2017) OFFEROR REPRESENTATIONS AND CERT IFI CATIONS. COMMERCIAL ITEMS West has completed only parasraph (b) of this provision because West has completed the annual representations and certifications electronically on the SAM website (https:/Iwww.sam.sov). The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certificat ion electron ically via the System fo r Award Management (SAM) website located at https:llwww.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision. "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and dai ly business operations of which arc controlled by, one or more women who arc citizens of the United Stales and who arc economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small busi ness eligible under the WOSB Program. " Hi ghest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No ent ity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has di rect control of the offeror. Indicators of control incl ude, but are not limited to, one or more of the fo llowing: ownership or interlock ing management, identity of interests among fami ly members, shared facilities and equipment, and the common usc of employees. "Inverted domestic corporation", means a fore ign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of6 U.S.c. 39S(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except. (1) PSC 5510, Lumber and Rclated Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 941 0, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Mi scellaneous Crude Agricul tural and Forestry Products; (8) PSC 961 0, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. " Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the fi nished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture . "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. " Restricted business operations" means business operations in Sudan that incl ude power production activities, mi neral extraction activities, oil-related activities, or the production of mi litary equipment, as those terms are defined in the Sudan Accountability and Divestment Act of2007 (Pub. L. 110-174). Restricted business operations 2018-ICLI-00035 1461 do not include business operations that the person (as that term is defined in Sect ion 2 of the Sudan Accountability and Di vestment Act of2007) conducting the business can demonstrate. (\) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providi ng goods or services to marginalized populations of Sudan; (4) Consist of providi ng goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education ; or (6) Have been voluntarily suspended. "'Sensitive technology". (\) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically. (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Docs not include information or inforn1ational materials the export of which the President docs not have the authority 10 regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 V.S.C. 1702(b)(3». "Service-disabled veteran-owned small business concern". (\) Means a small business concern. (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 5 1 percent of the stock of which is owned by one or more servicedisabled veterans; and (ii) The management and dai ly business operations of which are controlled by one or more service-disabled veterans or, in the case ofa service-disabled veteran with permanent and severe disabil ity, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 V.S.c. 101(2), with a disability that is serviccconnected, as defined in 38 V.S.c. \01( 16). "Small business concern" means a concern, including its affi liates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in \3 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that. (\) Is at least 51 percent unconditionally and direct ly owned (as defined at 13 CFR 124.105) by. (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are ci tizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set fo rth at 13 CF R 124. I 04(c)(2); and (2) The management and dai ly business operations of which arc controlled (as defined at 13.CFR \24.106) by individuals, who meet the criteria in paragraphs (I lei) and (ii) of this defin ition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned. (I) Directly by a parent corporation; or (2) Through another subsidiary of a parcnt corporation. "Veteran-owned small business concern" means a small business concern. 2018-ICLI-00035 1462 (\) Not less than 5 I percent of which is owned by one or more veterans (as defined at 38 U.S.c. \01(2» or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and dai ly business operations of which arc controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor fo r the liabi lities of the predecessor may vary, depending on State law and specific circumstances. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily busi ness operations are controlled by one or more women. "Women-owned small busi ness concern" means a small business concern. (\) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (was B) concern el igible under the WaSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(I) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically ehangc the reprcsentations and certifications posted on the SAM website. (2) The offeror has completed the annual representat ions and certifications electronically via the SAM website accessed through http://www.acquisition.gov.Afterreviewing theSAM database information, the offeror verifies by submission of this offer that the representations and certifications currently postcd electronically at FAR 52.212-3, Offeror Representations and Certifications.Commercial liems, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NA ICS code referenced for this solici tation), as of the date of thi s offer and arc incorporated in this offer by rcferenee (sec FAR 4.120 1), except for paragraphs 5ee note below.· (Offeror to identify the appl icable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of th is solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offcr and are current, accurate, and complete as of the datc of this offer. Any changes provided by the offeror are applicable to this solicitat ion only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract wi ll be perfornled in the United States or its outlyi ng areas. Check all that apply. (\) Small business concern. The offeror represents as part of its offerthat it 0 is, 0 is not a small business concern. (2) Veteran-owned small business conccrn. [Complete only if the offeror represented itselfas a small business concern in paragraph (e)(\) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small busi ness concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned sma ll business concern in paragraph (c)(2) of this provision.] The offeror represents as part ofils offer that it 0 is, 0 is not a service-disab led veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small busi ness concern in paragraph (e)( l) of this provision.] The offeror represents, that it 0 is, 0 is not a small disadvanlaged business concern as defi ned in 13 CFR 124.1002. ·West has completed the annual representations and certifications electronically on the SAM website (https://www.sam.gov). After reviewing the SAM database information, West verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercialltems, have been updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation as of the date of this offer and are incorporated in this offer by reference. 2018-ICLI-00035 1463 (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. (6) WOSB conccrn eligible under thc WOSB Program. [Complete only ifthc offcror rcprcsentcd itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that. (i) It 0 iS,D is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its el igibility; and (ii) It 0 is, 0 is not ajoint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of thi s provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern el igible under the WOSB Program and other sma ll busi nesses that arc participating in the joint venture: .] Each WOS B concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned sma ll business (EDWOSB) concern. [Complete only if the offeror represented itse lf as a WOSB concern e ligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that. (i) It 0 is, 0 is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eli gibility; and (ii) It 0 is, 0 is not ajoint venture that complies with the requirements of 13 CFR part 127, and the rcpresentat ion in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that .] Each EDWOSB concern participating in the joint venture shall are participating in the joint venture: submit a separate signed copy of the EDWOS B rcprescntation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete on ly if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents that it 0 is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract priee: __________-:_-----:-:-(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (e)( I) of this provision.] The offeror represents, as part of its offer, that. (i) It 0 is, 0 is not a HUBZone small business concern li sted, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It 0 is, 0 is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the rcprcsentation in paragraph (e)(IO)(i) of this provision is accurate for each HUBZonc small busi ness eonccrn participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Reprcsentations requircd to implement provisions of Executive Order 11246. (1) Previous contracts and compliance. The offeror represents that. 2018-ICLI-00035 1464 (i) It 0 has, 0 has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) [t 0 has, 0 has not filed all required compliance reports. (2) Affirmative Action Compliance. The offcror rcprcscnts that. (i) It 0 has developed and has on fil e, 0 has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (4 [ cfr parts 60-1 and 60-2), 0' (ii) [t 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (3 I U.S.C. 1352). (Applies only if the contract is expected to exceed $ 150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or wi ll be paid to any pcrson for influcncing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee ofa Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of I 995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Forn1 LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom paymems of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1 , Buy American.Supplies, is included in this sol icitation.) (I) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unk nown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as fore ign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of " domestic end product." The terms "commercially available off-the-shelf(COTS) item" "component," "domestic end product," "end product," "foreign end prod uct," and "United States" arc defincd in the clause of this solicitation entitled " Buy American. Supplies." (2) Foreign End Products: Line lIem No. Country of Origin [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)( I) Buy American. Free Trade Agreements. Israel i Trade Act Cert ificate. (Applies only if the clause at FAR 52.225-3, Buy American. Free Trade Agreements. Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)( 1)(ii) or (g)( I )(iii) of this provision, is a domestic end product and that for other than COTS items, thc offeror has eonsidc red components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms " Bahrainian, Moroccan, Oman i, Panamanian, or Peruvian end product," " commercially avai lable off-the-shelf(COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," 2018-ICLI-00035 1465 "Free Trade Agreement country end product," " Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American. Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the followi ng supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American. Free Trade Agreements. lsraeli Trade Ac\'": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani , Panamanian, or Peruvian End Products) or Ismeli End Products: Line Item No. Country of Origin [List as necessary] (ii i) The offeror shall list those supplies that are fore ign end products (other than those listed in paragraph (g)( I)(i i) of this provision) as defined in the clause of this solicitation entitl ed "Buy American.Free Trade Agreements.lsraeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not quali fy as domestic end produets, i.e., an end produetthat is not a COTS item and does not meet the component test in paragraph (2) of the definit ion of "domest ic end product." Other Foreign End Products: Line Item No, Country of Origin [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 . (2) Buy American. Free Trade Agreemcnts. Israeli Tradc Act Certificate, Alternate I. If Altcrnate I to the clause at FA R 52.225-3 is included in this solicitation, substitute the following paragraph (g)( I )(ii) fo r paragraph (g)( I)(ii) of the basic provision: (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products as defined in the clause of this solicitation ent itled "Buy American. Free Trade Agreements. Israel i Trade Act": Canadian End Products: Line Item No. [List as necessary] (3) Buy American.Free Trade Agreements.Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is incl uded in this solicitation, substitute the followi ng paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: 2018-ICLI-00035 1466 (g)( I)(i i) The offeror certifies that the follow ing suppl ies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American.Free Trade Agreements.lsraeli Trade Act"; Canadian or Israeli End Products; Line Item No. Country of Origin [List as necessary] (4) Buy American.Free Trade Agreements.Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this sol icitation, substi tute the following paragraph (g)( I)(ii) for paragraph (g)( I)(ii) of the basic provision; (g)( I )(i i) The offeror certifies that thc fo llowing supplies arc Frec Trade Agreemcnt country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solici tation entitled "Buy American-Free Trade Agreements-Israeli Trade Act"; Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in th is so licitation.) (i) The offeror certifies that each cnd product, exccpt those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror sha ll list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin [List as necessary] (ii i) The Government will eva luate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offcrs of U.S.-made or designated country end products wi thout regard to the restrictions of the Buy American statute. The Government wi ll consider for 2018-ICLI-00035 1467 award only offers of U.S.-made or designated country end products unless the Contracting Officer detennines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the so licitation. (h) Certification Regardi ng Responsibility Matters (Exccut ivc Order 12689). (Appl ies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and bel ief, that the offeror and/or any of its principals. (I) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ine li gible fo r the award of contracts by any Federa l agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal , state or local government contract or subcontract; violation of Federal or state antitrust statutes rclating to the submission of offers; or commission of embezzlement, theft, forgery , bribery, fa lsification or destruction of records, making fa lse statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civi lly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 Have, 0 have not , within a three-year period preceding this offer, bcen notified of any del inquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered del inquent ifboth of the fo llowing criteria apply: (A) The tax liability is finall y determined. The liability is finally determi ned ifi t has been assessed. A liability is not fina lly determincd if there is a pending administrative or judicial challenge. In the ease of a judicial challenge to the liability, the liability is not finally determined unti l all judicial appeal rights have been exhausted. (8 ) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liabi lity when full payment was due and required. A taxpayer is not del inquent in cases where enforced collection action is prccluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I. R.C. §6212, wh ich entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liabi lity. Should the taxpayer seek Tax Court review, th is wi ll not be a final tax liabi lity until the taxpayer has exercised all judicial appeal rights. (8 ) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liabi lity, and the taxpayer has been issued a notice under loR .C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contcsting the lien fil ing, and to furthe r appeal to the Tax Court if the IRS dctcrmines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liabili ty because the taxpayer has had no prior opportuni ty to contest the liabi lity. This is not a delinquent tax because it is not a final tax liabi lity. Should the taxpayer seek tax court review, this wi ll not be a final tax liability unti l the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in fu ll compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make fu ll payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not del inquent becausc enforced collection action is stayed under II U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(I) any end products being acquired under this so licitation that are included in the Li st of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at.J (I) Listed end products. 2018-ICLI-00035 1468 Listed End Product Listed Countries of Origin (2) Certification. (If the Contracting Officer has ident ified end products and countries of origin in paragraph (i)( I) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(i i) by checking the appropriate block.] o (i) The offeror will not supply any end product listed in pamgraph (i)(I) of this provision that was mined, produced, or manufactured in thc corresponding country as listed for that product. o (i i) The offeror may supply an end product listed in paragraph (i)(I) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether fo rced or indentured chi ld labor was used to mine, produce, or manufacture any such end product furn ished under this contract . On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (i) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture ofthc end products it expects to provide in response 10 this solicitation is predominantly. (I) 0 In the United Stales (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regardi ng exemptions from the application of the Scrvice Contract Labor Standards (Certification by the offeror as 10 its compliance with respect to the contract also constitutes its certification as to compl iance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)( I) or (k)(2) applies. J o (I) Maintenance, cal ibration, or rcpair of certain equipment as described in FAR 22.I003-4(c)(I). The offeror 0 does 0 does not certify that. (i) The items of equipment to be serviced under this contract are used regularly for other than Govcrnmental purposes and arc sold or tradcd by the offeror (or subcontractor in thc casc of an exempt subcontract) in substantial quantities to the general publ ic in the course of normal business operations; (ii) The services will be furnis hed at prices which are, or are based on, established catalog or market prices (see FAR 22 .1003-4(c)(2)(ii» for the maintenance, calibration, or repair of suc h equipment; and (ii i) Thc compensation (wage and fri nge benefits) plan for all service employces perforn1ing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. o (2) Certain services as described in FAR 22.1003-4(d)( I). The offeror 0 docs 0 does not certify that. (i) The services under thc contract arc offercd and sold regularly to non-Governmental customers, and arc provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services wi ll be furnish ed at prices that are, or are based on, establ ished catalog or market prices (sec FAR 22.I003-4(d)(2)(iii»; (ii i) Each service employee who wi ll perform the services under the contract will spend only a small portion of his or her time (a month ly average of less than 20 percent of the available hours on an annual ized basis, or less than 20 percent of available hours during the contract period if the contract peri od is less than a month) servicing the Govcrnmcnt contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used fo r these employees and equivalent employees servicing commercial customers. (3) [fparagraph (k)(l) or (k)(2) of this clause applies. 2018-ICLI-00035 1469 (i) If the offeror does not certify to the condit ions in paragraph (k)(I) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the sol icitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fa ils to execute the certification in paragraph (k)( I) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (I) Taxpayer Identification Number (TIN) (26 U.S.c. 6109.31 U.S.c. 770]). (Not applicable if the offeror is required to provide this infom1ation to the SAM database to be eligible for award.) (I) All offerors must submit the informat ion required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701 (c) and 3325(d), reporting requirements of26 U.S.c. 6041.6041 A. and 605 OM, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any del inquent amounts arising out of the offeror's relationship with the Government (31 U.S.c. 770 l(c )(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). D TIN: __~__~~~____________ o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or fore ign partnership that docs not have income effect ively connected with the conduct ofa trade or business in the United States and does not have an office or place of business or a fisca l paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organizat ion. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CF R 1.6049-4; o Other _ _ _ _ _ _ _ _ _ _ _ _ __ (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________ TI N :-c---,-------,------,-,-----,---,-. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracti ng with Inverted Domestic Corporations. (I) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.IOS-2(b) applies or the requirement is waived in accordance with the procedures at 9. IOS-4. (2) Representation. The Offeror represents that. (i) It 0 is, 0 is not an inverted domestic corporation; and (ii) [t 0 is, 0 is not a subsidiary of an inverted domestic corporation. 2018-ICLI-00035 1470 (0) Prohibition on contracting with entities engaging in certain activities or transactions relat ing to Iran . (i) The offeror shall e-mail questions concerning sensiti ve technology to the Department of State at CISA DA 106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (0)(3) of this provision, by submission of its offer, the offeror. (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or contro lled by, or acting on behalf or at the direction of, the government oflran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activi ties for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Ccrtifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolut ionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.c. 1701 et seq.) (see OFAC' s Specially Designated Nationals and Blocked Persons List at http://www. treasury.gov/ofac/down loads/t11sdn.pdO. (3) The representation and certificat ion requirements of paragraph (0)(2) of this provision do not apply ir. (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be suppl ied arc designated country end products. (p) Ownership or Control of Offeror. (Applies in all sol icitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solici tation. (i) The Offeror represents that it 0 has or 0 does not have an immediate owner. if the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)( I) of this provision, enter the following inforrnation: immediate owner CAGE code: __________ Immediate owner legal name: __________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: 0 Yes or 0 No. (3) If the Offeror indicates '"yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: _ _ _ _ _ _ __ Highest-level owner legai name: _________ (Do not usc a "doing business as" name) (q) Rcprescntation by Corporations Regarding Del inquent Tax Liability or a Fclony Conviction under any Federal Law. (\) As required by sections 744 and 745 of Di vision E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and simi lar provisions, if contained in subsequent appropriations acts, The Government wi ll not enter into a contract with any corporation that. (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrat ive 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 liabil ity, where the awarding agency is aware of the unpaid tax liabi lity, unless an agency has considered suspension or debarment of the corporation and made a detern1ination that suspension or debarment is not necessary to protect the interests of the Government; or 2018-ICLI-00035 1471 (ii) Was convicted of a felony criminal violat ion under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debannent of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that. (i) It is 0 is not 0 a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liabi lity; and (ii) It is 0 is not 0 a corporation that was convicted ofa fclony criminal violation under a Federa l law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204- 16, Commercial and Government Entity Code Reporting.) (I) The Offcror rcpresents that it 0 is or 0 is not a successor to a predccessor that hcld a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(l) of this provision, enter the followi ng information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in revcrsc chronologieal order): Predecessor CAGE code: - - (or mark "Unknown") Predecessor legal name: ____________ (Do not use a "doing business as" name) (s) [Reservcd]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.2l2-I(k». (I) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Fedcral fiscal year. Thc representation is optional if the Offeror reccived less than $7.5 mi lli on in Fedcral contract awards in the prior Federal fiscal year. (2) Representation. (Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itse lf or through its immediate owner or highest-leve l owner) 0 does, 0 does not publicly disclosc grecnhousc gas emissions, i.c., makes available on a publicly accessible websitc thc results ofa greenhouse gas inventory, performed in accordance with an accounting standard with publicly avai lable and consistently applied cri teria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest- level owner) 0 does, 0 does not publ icly disclosc a quantitativc grcenhousc gas emissions rcduction goal, i.e., make available on a publicly accessible websitc a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (ii i) A publicly accessible website includes the Offeror' s own website or a recogni zed, third-party greenhouse gas emissions reporting program. (3) Ifthc Offeror checked "does" in paragraphs (1)(2)(i) or (1)(2)(ii) of this provision, respcctively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: _ _ _ _ _ _-:-_ (u)( I) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resol utions), Government agencies are not permitted to use appropriatcd (or othcrwisc made avai lable) funds fo r contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements proh ibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforccment rcprescntative of a Federal department or agency authorized to receive such information. 2018-ICLI-00035 1472 (2) The prohibition in paragraph (u)(\) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisc losure Agreement), or any other form issued by a Federal department or agency governing the nond isclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply wi th internal confiden tiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud , or abuse related to the perforn1ance ofa Government contract to a designated invest igative or law enforcement representative ofa Federal department or agency authorized to receive such infonnation (e.g., agency Office of the Inspector General). FAR 52.212-4CONTRACT TERMS AND CON DITIONS - COMMERCIAL ITEMS (JAN 2017) This clause is incorporated by reference. The fu ll text of the clause is available at; hurs://www.acguisition.govIFARJ. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEM ENT STATUTES OR EXECUTIVE ORDERS - COMMECIAL ITEMS (NOV 2017) (a) The Contractor shall comp ly with the fo llowing Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders appl icable to acquisitions of commercial items: [ZJ 52.203- 19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) [ZJ 52.209- 10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) [ZJ 52.233-3 Protest After Award (AUG 1996) [ZJ 52.233-4 Appl icable Law fo r Breach of Contract Claim (OCT 2004) (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 Executi ve orders applicable to acquisitions of commercial items: D 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006) D Alternate 1 (OCT 1995) [ZJ 52.203- 13 Contractor Code of Business Eth ics and Conduct (OCT 201 5) [ZJ 52.203- 15 Whistlcblower Protections under the American Recovery and Rei nvestment Act of2009 (JUNE 2010) [ZJ 52.204- 10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) D (Reserved] [ZJ 52.204- 14 Service Contract Reporting Requ irements (OCT 2016) D 52.204- 15 Service Contract Reporting Requirements for Indefinit e-Delivery Contracts (OCT 2016) 2018-ICLI-00035 1473 52.209-6 Protccting thc Governmcnt's Intcrest Whcn Subcontracting with Contractors Dcbarrcd, Suspended, or Proposed for Debannent (OCT 2015) D 52.209-9 Updates of Publicly Available Informat ion Regarding Responsibil ity Mattcrs (JUL 20 13) D (Reserved] D 52.219-3 Notice of Total HUBZone Set-Aside (NOY 2011 ) D D Altcrnate I (NOY 2011) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 20 14) D Alternate I (JA N 2011 ) D (Reserved] D 52.219-6 Notice of Total Small Business Set-Aside (NOY 20 11) D o Altcrnate I (NOY 2011) D Alternate II (NOY 20 11) 52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003) D Alternate I (OCT 1995) D Alternate II (MAR 2004) C8J 52.219-8 Utilizat ion of Small Business Conccrns (NOY 2016) C8J 52.219-9 Sma ll Business Subcontracting Plan (JAN 2017) D Alternate I (NOY 2016) D Alternatc II (NOY 2016) ~ Alternate III (NOY 201 6) D Alternate IY (NOY 2016) D 52.2 19- 13 Notice of Set-Aside of Orders (NOY 2011) C8J 52.2 19- 14 Limitations on Subcontracting (JA N 2017) C8J 52.219- 16 Liquidatcd Damagcs - Subcontracting Plan (JAN 1999) D 52.2 19-27 Notice of Service-Disabled Veteran-Owned Sma ll Business Set-Aside (NOV 20 11) C8J 52.219-28 Post Award Small Busi ness Program Rerepresentat ion (JUL 2013) o 52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Di sadvantaged Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) 2018-ICLI -00035 1474 D 52.219-30 Noticc ofSel-Asidc for, or Sole Sourcc Award to, Women-Owned Small Busincss Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) C8J 52.222-3 Convict Labor (JUN 2003) C8J 52.222- 19 Child Labor - Cooperation with Authorities and Remedies (OCT 2016) C8J 52.222-21 Prohibition of Segregated Facilities (APR 2015) C8J 52.222-26 Equal Opportunity (SEPT 2016) C8J 52.222-35 Equal Opportun ity for Veterans (OCT 2015) C8J 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 201 4) C8J 52.222-37 Employment Reports on Veterans (FEB 2016) C8J 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 20 I0) D 52.222-50 Combating Trafficking in Pcrsons (MAR 2015) D Alternate I (MAR 2015) C8J 52.222-54 Employment Eligibil ity Verification (OCT 2015) D 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MA Y 2008) D D D Altcrnate I (MA Y 2008) 52.223- 11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) 52.223-12 Maintenance, Service, Repair or Disposal of Refri geration Equipment and Ai r Conditioners (JUN 20 16) D 52.223- 13 Acquisition of EPEAT®- Registered Imaging Equipmcnt (JUNE 2014) D D Alternate J (OCT 2015) 52.223- 14 Acquisi tion of EPEAT®-Rcgistcred Televisions (JUNE 2014) D Alternate I (JUNE 2014) D 52.223- 15 Energy Efficiency in Energy-Consuming Products (DEC 2007) D 52.223- 16 Acquisition of EPEAT®- Registered Personal Computer Products (OCT 2015) D Alternate J (JUNE 2014) ISJ 52.223-18 Encouraging Contractor Policics to Ban Tcxt Mcssaging While Driving (AUG 20 11) D 52.223-20 Aerosols (J UN 2016) D 52.223-21 Foams (JUN 20 16) 2018-ICLI-00035 1475 52.224-3 Pri vacy Training (JAN 2017) [2J Alternate I (JAN 2017) D 52.225- 1 Buy American - Suppl ies (MAY 2014) D 52.225-3 Buy American - Free Trade Agreements - Israel i Trade Act (MA Y 2014) D Alternate [ (MA Y 20[4) D Alternate II (MAY 2014) D Alternate [II (MA Y 2014) [2J 52.225-5 Trade Agreements (OCT 20[6) [2J 52.225- 13 Restrictions on Ccrtain Foreign Purchases (JUN 2008) D 52.225-26 Contractors Perfonning Private Securi ty Functions Outside the United States (OCT D 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOY 2007) D 52.226-5 Restrictions on Subcontracting Outside Di saster or Emergency Area (NOY 2007) D 52.232-29 Terms for Financing ofrurchases of Commercial Items (FE B 2002) D 52.232-30 Installment Payments for Commercial Items (JAN 2017) [2J 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (J UL 2013) D 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 20 13) D 52.232-36 Paymcnt by Third Party (MA Y 2014) [2J 52.239- 1 Privacy or Security Safeguards (AUG 1996) D 52.242-5 Payments to Small Business Subcontractors (JAN 2017) D 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) D 2016) Alternate I (APR 2003) (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial scrvices, 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: D 52.222- 17 Nondisplacement of Qualified Workers (MAY 20 14) [2J 52.222-41 Scrvice Contract Labor Standards (MAY 2014) [2J 52.222-42 Statement of Equivalent Rates for Federal Hires (MA Y 2014) [2J 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Mult iple Year and Option Contracts) (MA Y 2014) 2018-ICLI-00035 1476 D 52.222-44 Fair Labor Standards Act and Scrvice Contract Act- Pricc Adjustment (MA Y 2014) D 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintcnance, Calibration, or Rcpair of Certain Equipmcnt- Rcquircmcnts (MAY 2014) D 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MA Y 2014) ['2J 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) ['2J 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) D 52.226-6 Promoting Exccss Food Donation to Nonprofit Organizations (MAY 2014) D 52.237-11 Accepting and Di spensing of$1 Coi n (SEPT 2008) (d) Comp/roller Gelleral Examillalioll of Record. The Contractor shall comply with the provisions of this paragraph (d) if thi s contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and docs not contain the clausc at 52 .215-2, Audit and Records-Ncgotiation. (I) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examinc 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, unti 13 years after fi nal payment under this contract or fo r any shortcr pcriod spccified in FAR Subpart 4.7, Contractor Rccords Rctcntion, of thc othcr clauscs of this contract. If thi s contract is completely or panially terminated, the records relat ing to the work terminated shall be made avai lable for 3 years after any resulting fina l 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 unt il such appcals, litigation, or claims arc finally rcsolvcd. (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 thc Contractor docs not maintai n in the ordinary coursc ofbusincss or pursuant to a provision of law. (e)( l) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of thi s clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(I) in a subcontract for commcrcial itcms. Unless otherwisc indicatcd below, thc cxtcnt ofthc flow down shall bc as rcquircd by the elause(i) (ii) 52.203- 13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.c. 3509). 52.203-19, Prohibition on Rcquiring Ccrtain Intcrnal Confidcntial ity Agrccmcnts or Statcments (Jan 2017) (section 743 of Division E, Tit le 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) 52.219-8, Utilization of Small Busincss Concerns (Nov 2016) (15 U.S.c. 637(d)(2) and (3», in all subcontracts that olTer furthe r subcontracting opportunities. If the subcontract (except subcontracts to small business 2018-ICLI -00035 1477 concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222·17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) of FAR clause 52.222-17. (v) 52.222·21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222·26, Equal Opportuni ty (Sept 2016) (E.O. 11246). (vii) 52.222·35, Equal Opportuni ty for Veterans (Oct 2015) (38 U.S.c. 4212). (viii) 52.222-36, Equal Opportunity for Workers wi th Disabilities (JuI 2014) (29 U.S.c. 793). (ix) 52.222·37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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) ofF AR clause 52.222·40. (xi) 52.222·41 , Service Contract Labor Siandards (May 2014) (41 U.S.c. chapler 67). (xii) _X...JA) 52.222·50, Combati ng Traffick ing in Persons (Mar 2015) (22 U.S.c. chapter 78 and E.O 13627). ~( B) Alternate I (Mar 2015) of52.222-50 (22 U.S.c. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts fo r Maintenance, Calibration, or Repair of Certai n Equipment-Requirements (May 20 14) (41 U.S.C. chapter 67). (xiv) 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). (xv) 52.222-54, Employment Eligibi lity Verification (OCI 2015). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Traini ng (JAN 2017) (5U.S.C. 552a). (B) Alternate [(JAN 2017) of52 .224-3 . (xxi) 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). (xx ii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 20 14) (42 U.S.c. 1792). Flow down required in accordance with paragraph (e) ofF AR clause 52.226-6. (xxiii) 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 52.24764. (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. FAR 52.217-8 OPTION TO EXTEN D SERVICES The Government may require continued performance of any services wi thin the limi ts 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, bUllhe tOlal extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written not ice to the Contractor wi thin IS days. (End of clause) FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT 2018-ICLI-00035 1478 (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commi t lhe Government to an extension. (b) If the Government exercises th is option, the extended contract shall be considered to include thi s option clause. (c) The total duration of th is contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as iflhey were given in ful1texl. Upon request, the Contracting Officer will make their fu ll text available. Also, the full text of a clause may be accessed electronically at this address: https:llwww.acguisition.gov/FARI. FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013) This clause is incorporated by reference. The full text of the clause is available at: https:llwww.acquisilion.govIFARI. FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUS INESS SUBCONTRACTORS (DEC 2013) This clause is incorporated by reference. The fu ll text of the clause is available at: https:llwww.acquisi tion.govIFARI. FAR 52.209-10 PROHIBITION ON CONTRACTlNG WITH INVERTED DOMESTIC CORPORATIONS (NOV 1015) (a) Definition s. As used in this clause"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.c. 395(b), applied in accordance with the rules and definitions of6 U.S.c. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned(I) Dircctly by a parcnt corporation; or (2) Through another subsidiary of a parent corporation. (b) Ift hc contractor rcorganizcs as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the pcriod ofpcrfonnance of this contracl, the Government may be prohibited from paying fo r Contractor activities pcrformed after the date when it becomes an invertcd domestic corporation or subsidiary. The Government may seek any available rcmedies in the evcnt the Contractor fails to pcrform in accordance with the tenns and conditions of the contract as a result of Government action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within fi ve business days from the date of the inversion event. FAR 52.237-2 PROTECTION OF GOVERN MENT BUlLDlNGS, EQUJPMENT AND VEGETATION (APR 1984) 2018-ICLI-00035 1479 The Contractor shall use reasonable care to avoid damaging existing bui ldings, equipment, and vegetation on the Government installation. If the Contractor's fai lure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense 10 the Government as the Contract ing Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable fo r the cost, which may be deducted from the contract price . .. ISAR 3052.209-70 2006) PROI-lIBITION O N CONTRACTS WITH CORPORATE EXPATRIATES (J UN (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary detennines that the waiver is requi red in the interest of national security. (b) Definitions. As used in this clause: EJ.pwuled Ajfiliatell Group means an affil iated group as defined in sect ion 1504(a) of the Internal Revenue Code of 1986 (without regard to section I 504(b) of such Code), except that section 1504 of such Code shaH be applied by substitut ing 'more than 50 percent' fo r 'at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but fo r subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Dome.rtic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related lransactions)- (I) The entity completes the direct or indirect acquisition of substantially all of the properties hcld directly or indirectly by a domestic corporation or substantia lly all of the properties constituti ng a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held(i) In the case of an acquisition with respect to a domestic corporation, by former sharcholde rs of the domestic corporation by reason of holding stock in the domestic corporalion; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantia l business activities in the foreign country in whic h or under the law of which the enti ty is created or organized when compared to the total business activities of such expanded affi liated group. Person, domestic, and foreign have the meani ngs given suc h terms by paragraphs ( I), (4), and (5) of section 7701 (a) of the Interna l Reve nue Code of 1986, respectively. 2018-ICLI -00035 1480 (c) Special rules. The fo llowing definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporat ion. (\) Ce rtain srock disreganled. For the purpose of treating a foreign incorporated entity as an inverted domestic corporat ion these shall not be taken into account in detennining ownership: (i) Stock held by members ofthc expanded affiliated group which includcs the fore ign incorporated enti£),; or (ii) Stock of such entity which is sold in a public offering related to an acquisition describcd in section 835(b)(\) of the Homeland Security Act, 6 USc. 395(b)(\). (2) Plan deemed in certain cmes. lfa foreign incorporatcd entity acquires directly or indirectly substantially all of the properties ofa domestic corporation or partnership during the 4-year pcriod beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain lran.ifer.r disregarded. The transfer of properties or liabilities (includ ing by contribution or distribution) shall be disregarded if such transfers arc part ofa plan a pri ncipal purpose of which is to avoid the purposes of this scction. (d) Special rule for related parlller~·"ips. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.s.c. 395(b) to thc acquisition of a domestic partnership, cxcept as provided in regulations, all domestic partncrships which arc under common control (within the mcaning of section 482 of the Internal Revenue Codc of \986) shall bc treated as a partnership. (e) Treatment of Certain Rights. (I) Certain rights shall be treated as stocks to the extent necessary to refl ect the present value of all equitable interests incidcnt to the transaction, as follows: (i) warrants; (ii) options; (ii i) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (I) Disc/o.mre. The offeror under this sol icitat ion represents that [Check one]: _ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009 .108-7001 through 3009.108-7003; 2018-ICLI-00035 1481 _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009 .108-700 I through 3009 .108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or _ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009 .108-700 I through 3009 .108-7003, but it plans to submit a request for waiver pursuant to 3009 .108-7004 . (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied fo r, shall be attached to the bid or proposal. (End of clausc) HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQU ISIT ION OF COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commerc ial items or components. The provision or clause in effect based on the appl icable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. T he following provisions and clauses are incorporated by reference: (a) Provisions. ...K... 3052.219-72 Evaluation of Prime Contractor Participation in the DH S Mentor Protege Program. (b) C lauses. ...K...3052.203-70 Instructions for Contractor Disclosure of Violations. ...K... 3052.204-70 Security Requirements for Unclassified Information Technology Resources . ...K... 3052.204-71 Contractor Employee Access. Alternate I ...K... 3052.205-70 Advertisement, Publicizing Awards, and Releases . ...K... 3052.219-70 Small Business Subcontracti ng Plan Rcporting . ...K... 3052.219-7 1 OHS Mentor Protege Program. I. FAR C lauses 52.224- 1: Privacy Act Notification (A PR 1984) 52.224-2: Privacy Act (A PR 1984) 1I . HSAR C lause 3052.204-71 Contractor employee access (SEP 20 12), and Alternate I Safeguarding of Sensitive Information (MA R 20 15) Sections (a) - (d) InfoTl11a1ion Technology Security and Privacy Training (MAR 20 15) Ill. lOP Privacy and Records Provisions 2018-ICLI-00035 1482 PRIV PRIV PRIV PRIV PRIV REC REC REC REC REC REC REC 1.2: 1.3: 1.4: 1.6: 1.7: 1.1: 1.2: 1.3: 1.4: 1.5: 1.6: 1.7: Reporting Suspected Loss of Sensitive PH Victim Remediation Provision Separat ion Checklist for Contractor Employees Prohibition on Performing Work Outside a Gov't Facility/NetworklEquiprnent Privacy Act Information Required DHS Basic Records Management Training Deliverables are the Property of the U.S. Govenunent Contractor Shall Not Create or Maintain Unauthorized ...JRecords Agency Owns Rights to Electronic Information Comply with All Records Managetnent Policies" No Disposition of DocUlnents without Prior Written Consent " Contractor Must Obtain Approval Prior to Engaging Subcontractors PRIV 1.2: Reporting Suspected Loss of Sensitive PII: Contractors must report the suspected loss or compromise of Sensiti ve PH to ICE in a timely manner and cooperate with ICE's inquiry into the incident and efforts to remediate any harn1 to potentia l victims. I. The Contractor must develop and inelude in its security plan (which is submitted to ICE) an interna l system by which its employees and sub-Contractors arc trained to identify and report potential loss or compromise of Sensitive PH. 2. Contractor must report the suspected loss or compromise of Sensitive PII by its employees or sub-Contractors to the ICE Security Operations Center (480-496-6627), the Contracting Officer's Representat ive (CO R), and the Contracting Officer within one (I) hour of the initial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensi ti ve PII by its employees or sub-Contractors. The report must contain the following information: a. Narrative, detailed description of the events surrounding the suspected loss/compromise. b. Date, time, and location of the incident. c. Type of information lost or compromised. d. Contractor's assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment. e. Names ofperson(s) involved, including victim, Contractor employee/sub-Contractor and any witnesses. f. Cause of the incident and whether the company' s security plan was followed or not, and which specific provisions were not followed. g. Actions that have been or will be taken to minimize damage and/or mitigate further compromise. h. Recommendations to prevent similar si tuations in the future, including whether the security plan needs to be modified in any way and whether additional traini ng may be requi red. 4. The Contmctor must cooperate with ICE or other governmcnt agency inquiries into the suspected loss or compromise of Sensitive PII. 5. At the government's d iscretion, Contractor employees or sub-Contractor employees may be identified as no longer eligible to access Sensi ti ve PH or to work on lhat contract based on their actions related to the loss or compromise of Sensitive PII . (End of clause) PRIV 1.3: Victim Remediation Provision: The Contractor is responsible fo r notification of victims and provision of victim remediation services in the event of a loss or compromise of Sensitive PH held by the Contractor, its agents, and Subcontractors, under this contract. The victim remediation services shall include at least 18-months of credit monitoring and, for serious or large incidents as requested by the Government, call center help desk services for the individuals whose Sensitive PII was lost or compromised. The Contractor and ICE wi ll collaborate and agree on the method and content of any notification that may be required to be sent to individuals whose Sensitive PII was losl or compromised . (End of clause) 2018-ICLI-00035 1483 PRI V 1.4: Separation Chce klist for Contractor Employecs: Contractors shall enact a protocol to use a separation checklist before its employees, Subcontractor employees, or independent Contractors term inate working on the contract. The separation checklist must cover areas such as: (I) return of any Government-furn ished equipment; (2) return or proper disposal of Sensitive PII (paper or electronic) in the custody of the Contractor/Subcontractor employee or independent Contractor, including the sani tization of data on any computer systems or media as appropriate; and (3) temlination of any technological access to the Contractor's facili ties or systems that would pennit the termi nated employee's access to Sensitive PH. In thc event of adverse job actions resulting in thc dismissal of an emp loyee, Subcontractor emp loyee, or independent Contractor, thc Contractor shall notify the Contract Officer's Representative (COR) withi n 24 hours. For normal separations, the Contractor shall submit the check list on the last day of employment or work on the contract. As requested, contractors shall assist the ICE Point of Contact (lCEIPOC), Contracting Officer, or COR with completing ICE Form SO-OOS/Contractor Employee Separation Clearance Checklist by rcturning all Governmentfurn ished property includ ing but not limited to computer equipment, media, credentials and passports, smart cards, mobile devices, PI V cards, calling cards, and keys and ternlinating access to all user accounts and systems. (End of clause) PRIV 1.6: Prohibition on Performing Work Outside a Government Faeili tyfNetworklEquipment: The Contractor shall perform all tasks described in this document at authorized Government facil ities and on authorized Govcrnment nctworks, using Government-furnished IT and other equipment. The Contractor is prohibited from pcrform ing these tasks at or removing Governmcnt-furnished informa tion to any other facil ity, or on any othcr network or equipment. Government infornla tion shall remain wi thin the confi nes ofauthorizcd Government fac ilities and/or networks at all times. (End of clause) PRIV 1.7: Privacy Act Information: In accordance with FAR 52.224- 1, PRJVACY ACT NOTIFICATION (APR 1984), and FAR 52.224-2, PRJVACY ACT (APR 1984), th is contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974. The agency advises that the relevant system of records notices (SORNs) applicable to this Privacy Act information are as fo llows: DHS/ALL-004 General Information Technology Access Account Record Systems (G IT AARS) DHS/ICE-OI3 Alien Medical Records DHS/ICE-OJ I Criminal Arrest Records and Immigration Enforcement Records (CA RJER) These SORNs may be updated at any time. The most eUTTent DHS versions arc publ icly available at www.dhs.gov/privaey. SORNs of other agencies may be accessed through the agencies' websites or by searchi ng FDsys, I Othe Federal Digital System of the Government Publ ishing Office, available at hnp://www.gpo.gov/fdsysJ. (End of clause) REC: 1.1: Required DHS Basic Records Management Tra ining: The Contractor shall provide DH S basic records management traini ng for all employees and Subcontractors that have access to Sensitive PII as well as the creation, use, dissemination and/or destruction of Sensitive PlI at the outset of the Subcontractor's/employee's work on the contract and every year thereafter. This training can be obtaincd via links on the ICE intranet site. The Agency may also make the training available through other means (e.g., CD or online). The Contractor shall maintain copies of certificates as a record of compl iance. The Contractor must submit an annual e-mai l notification to the Contracting Officer's Representative that the required training has been completed fo r all the Contractor' s employees. (End of clause) REC 1.2: Deliverables are the Property orthe U.S. Government: The Contractor shall treat all dcliverables undcr the contract as the propcrty of the U.S. Government for which the Agency shall have unlimited rights to usc, dispose of, or disclose such data contai ned therein. The Contractor shall not retain, usc. sell , or disseminate copies of any 2018-ICLI -00035 1484 deliverable without the expressed pennission of the Contracting Officer or Contracting Officer's Representative. The Contractor shall certify in writ ing the destruction or return of all Government data at the conclusion of the contract or at a time otherwise specified in the contract. The Agency owns the rights to all data/records produced as part of this contract. (End of clause) REC 1.3: Contractor Shall Not Create or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or maintain any records contain ing any Government Agency data that are not specifically tied to or authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Electronic Information: The Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases) and all supporting documentation created as part Of lhis contract. The Contractor must deliver sufficient technical documentation wi th all data dcliverables to pennitthe Agency to usc the data. (End of clause) REC 1.5: Comply with All Records Managell"ltnt Policies: The Contractor agrees to comply wi th Federal and Agency records management policies, including those policies associated with the safeguarding of records 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. (End of clause) REC 1.6: No Disposition of Documents without Prior Written Consent: No disposition of documcnts will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors arc 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 c ustody of the Agency or destroyed without regard to the provisions of the Agency records schedules. (End of clause) REC 1.7: Contractor Must Obtain Approval Prior to Engaging Subcontractors: The Contractor is requi red 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 relati ng to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. (End of clause) ICE Information Governance and Privacy Requirements Clause (JUL 2017) A. Limiting Access to Privacy Act and Other Sensitive Information (1) Privacy Act Information In accordance with FA R 52.224-1 Pri vacy Act Not ificat ion (APR 1984), and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires contractor pcrsonnel to have access to info rmation protected by the Privacy Act of 1974 the contractor is advised that the relevant DHS system of records notices (SORNs) applicable to this Pri vacy Act information may be found at www.dhs.gov/privacy. Applicable SORNS of other agencies may be accessed through the agencies' websites or by searching FDsys, the Federal Digital System, available at hup:llwww.gpo.gov/fdsys/. SORNs may be updated at any time. (2) Prohibitioll all Performillg Work Outside a Govemmelll FacilirylNefll"orkiEquipmem The Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or Workplace as a Service (WaaS) if WaaS is authorized by the statement of work. Government information shall remain within the confines of authorized Government networks at all times. Except where telework is specifically authorized within this contract, the Contractor shall perform all tasks described in this 2018-ICLI-00035 1485 document at authorized Government faci lities; the Contractor is prohibited from performing these tasks at or removi ng Government-furnished infonnatio n to any other faci lity; and Government information shall remain withi n the confines of authorized Government fac ilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facil ities regardless of telework authorizations. (3) Prior Approval Required 10 Hire Subcolllractors 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 informa tion, 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 sensiti ve and proprietary informat ion. (4) SeparaTion Checklist for Contractor Employees Contractor shall comp lete a separation checklist before any employee or Subcontractor employee terminates work ing on the contract. The separation check list must verify: ( 1) return of any Government-furni shed equipment; (2) return or proper disposal of sensiti ve personally identifiable information (PI I), in paper o r e lectronic fornI, in the custody of the employee or Subcontractor employee incl uding the sanitization of data on any computer systems or media as appropriate; and (3) ternlination of any technological access to the Contractor's faci lities or systems that would permit the terminated employee's access to sensitive PI t. In the event of adverse job actions resulting in the dismissal of an emp loyee or Subcontractor emp loyee, the Contractor shall notify the Contracting Officer's Representative (CO R) within 24 hours. For nornml separations, the Contractor shall submit the checklist on the last day of employment or work on the contract . As requested, contractors shall assist the ICE Point of Contact (ICE/POq, Contracting Officer, or COR with completing ICE Form SO-OOS/Contractor Employee Separation Clearance Chcckl ist by returning all Governmcntfurnishcd property includ ing but not limited to computer equipment, media, credentials and passports, smart cards, mobi le devices, PI V cards, calling cards, and keys and tenninating access to all user accounts and systems. B. Reserved - Deleted in accordance with clallse prescription C. Government Records Training, Ownership, and Management (1) Records Management Training and Compliance (a) Thc Contractor shall provide DHS basic records managcment training fo r all employees and Subcontractors that have access to sensit ive PII as well as to those involved in the creation, usc, dissemination and/or destruction ofscnsitive PII. This training will be provided at the outset of the Subeontractor's!employee's work on the contract and every year thereafter. This training can be obtaincd via links on the ICE intranet site or it may be made available through other means (e.g., CD or online). The Contractor shall maintain copies of certificates as a record of compliance and must submit an e-mail notification annually to the Contracting Officer's Representative verifying that all employees working under this contract have completed the required records management training. (b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated wi th the safeguardi ng of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (2) Records Creation. Ownership. and Disposition (a) Thc Contractor shall not create or maintain any rccords not specifically tied to or authorized by the contract using Governmcnt IT equipmcnt and/or Governmcnt records or that contain Govcrnment Agency data. The Contractor shall certify in writing the destruction or return of all Governmcnt data at the conclusion of the contract or at a lime otherwise spccified in the contract. (b) Except as stated in thc Perfonnance Work Statement and, where applicable, thc 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 2018-ICLI-00035 1486 metadata created as part of this contract. All de[iverab[es (including all data and records) under the contract are the property of the U.S. Government and are considered federal records, for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The Contractor must del iver sufficient technical documentation with a[1 data deliverables to permit the agency to use the data. (c) The Contractor shall not retain, use, sell , disseminate, or di spose 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 fo r preventing the alienation or unauthorized destruction of records, including a[1 forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.c. § 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules. D. Data Privacy and Oversight (I) Reslricriol!.f Oil Testillg o r Training U.\·ing Real Data Contailling PII The usc of real data containing sensitive PH from any source for testing or training purposes is generally prohibited. The Contractor shall usc synthetic or dc-identified real data for testing or traini ng whenever feasible. ICE policy requires that any proposal to use ofrea[ data or de-identified data for IT system testing or training be approved by the ICE Privacy Officer and Chief Information Security Officer (CISO) in advance. In the event performance of the contract requires or necessitates the use ofrea[ data for system-testing or training purposes, the Contractor in coordination with the Contracting Officer or Contracting Officer's Representati ve and Government program manager shall obtain approval from the ICE Pri vacy Office and CISO and complete any required documentation. (2) Reserved - Deleted ill accordallce with clause prescriptioll (3) Requiremem to Support Privacy Compliance (a) The Contractor shall support the completion of the Privacy Thresho[d Ana[ysis (PTA) document when it is required. PT As are triggered by the creation, modification, upgrade, or disposition of an IT system, and must be renewed at least every three years. Upon review of the PTA, the DH S Pri vacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modifications thereto, are required. The Contractor shall provide adequate support to complete the PIA in a timely manner, and shall ensure that project management plans and schedules include the PTA, PI A, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DHS, including PT As, PIAs, and SORNs, is located on the DH S Privacy Office website (www.dhs.gov/privacy)under"Compl iance." DH S Privacy Pol icy Guidance Memorandum 2008-02 sets forth when a PIA will be required at DHS, and the Pri vacy Impact Assessment Guidance and Template outline the requirements and forn1at for the PIA. (b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy documentation, the Contractor shall assign or procure a Pri vacy Lead, to be listed under "Key Personnel." The Privacy Lead shall be responsible for providing adequate support to DHS to ensure DHS can complete any required PTA, PIA, SO RN, or other supporting documentation to support privacy compliance. The Privacy Lead shall work with personnel from the program office, the ICE Privacy Office, the Office of the Chief Information Officer, and the Records Management Branch to ensure that the privacy documentation is kept on schedule, that the answers to questions in the PI A are thorough and complete, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fashio n. The Privacy Lead: • • • • • Must have excellent writing ski lls, the abil ity to explain technology clearly for a nontechnical audience, and the ability to synthesize info rmation from a variety of sources. Must have excel[ent verbal communication and organizational skills. Must have experience writing PIAs. Ideally the candidate would have experience writing PIAs fo r DHS. Must be knowledgeable about the Privacy Act of 1974 and the E-Govemment Act of 2002. Must be able to work well with others. 2018-ICLI-00035 1487 (c) If a Privacy Lead is already in place wi th the program office and the contract involves IT system builds or substantial changes that may require privacy documentation, the requirement for a separate Private Lead specifically assigned under this contract may be waived provided the Contractor agrees to have the existing Pri vacy Lead coordinate with and support the ICE Privacy POC to ensure privacy concems are proactively reviewed and so ICE can complete any required PTA, PIA, SORN, or other supporting documentation to support privacy compliance if required. The Contractor shall work wi th personnel from the program office, the ICE Office of Information Govemance and Privacy, and the Office of the Chief Information Officer to ensure that the privacy documentation is kept on schedule, that the answers to questions in any pri vacy documents are thorough and complete, that all records management requirements are met, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fash ion. (End of Clause) 2018-ICLI-00035 1488 Attachment 5: Price Item Description Quantity Unit of Issue Estimated Unit Estimated Fixed Price Per Cost Line Item CLiN 0001 Access to license Plate System (All ICE Users), Base Vear - POP: 12/21/2017 01/31/2018 1.4 • 12 MO 12 MO 8 MO b}(4) CLiN 0002 Access to license Plate System (All ICE Users), Option Vear 1- 02/01/201801/31/2019 CLiN 0003 Access to license Plate System (All ICE Users), Option Vear 2 - 02/01/2019 01/31/2020 CliN 0004 Access to license Plate System (All ICE Users), Option Vear 3 - POP: 02/01/202009/30/2020 Total Additional Pricing Explanation: ·Contract start date wil l be 12/21/2017; however, West billing is systematically 2018-ICLI -00035 1489 Thomson Reuters Response to RFQ 70CDCR 18QOOOOOOO5 License Plate Reader Commercial Data Service via Vigilant's LEARN Platform Price Quote SUBMITTED TO U.S. Department of Homeland Security Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) SUBMITTED TO: r b)(6);(b)(7}(C) DUE DATE: December 18, 20 17, by 6 pm ET SUBMITTED BY Thomson Reuters (West Publishing Corporation) ,:t b_ )(6-, );(_b)(-7:X :C_) _-"ICF APMP Kb)(6);(b)(7}(C) Senior Proposal Coordinator Client Relatio nship Manager Phone; 70 3-909 - ~ E-mail :Fb)(6);(b}(7)(C) E-mail :Fb)(6);(b}(7)(C) {~:B~)j -:::,:; ;- THOMSON REUTERS~ Source Selection Sensiti ve This document includes proprietary information that shall not be duplicated, used, or disclosed outside of DHS ICE-in whole or in pa rtfor any purpos e ot her than evaluating this proposal. This information is deemed proprietary because it contains pricing and conf ident ia l corpo rate information that is of critical value to Thomson Reuters and our partners in a highly competitive market, 2018-ICLI -00035 1490 Contents SECTION 111- PRICE ............................................................................................... 1 VENDOR TERMS ..................................................................................................... 2 ASSUMPTIONS, CONDITIONS, EXCEPTIONS ..................................................... 4 ATTACHMENT TO PRICE QUOTE ....................................................................... 8 " .:', fC:··~y: "'::' " .~. Page i THOMSON REUTERS Thomson Re uters Respons e to DHS ICE December 2017 2018-ICLI -00035 1491 Section III - Price We have reproduced the Excel fi le provided as Attachment with th e RFQ and have presented it here. Attachment: Price Quantity Item Description (LIN 0001 Access to license Plate System (All ICE Users ), Base Year - POP: 12/2 1/ 2017 - 01/ 31/ 2018 Unit of Estimated Unit Cost Issue 1.4 • 12 MO 12 MO 8 MO Estimated Fixed Price Per Line Item b)(6);(b}(7)(C) CLiN 0002 Access to licen se Plate Syst em (All ICE Users ), Option Year 1 - 02/01/2018 - 01/31/2019 (LIN 0003 Access to license Plate System (All ICE Users ), Option Year 2 - 02/01/2019 - 01/3 1/2020 CliN 0004 Access to license Plate System (All ICE Users), Option Year 3 - POP: 02/01/2020 - 09/30/2020 Tot Additional Pricing Explanation: ·Contract start date will be 12/21/20 17; however, West billing is systematically generated for whole cale ndar months. Therefore, sta ndard invoicing will display a start date of 1/1/2018. Consistent with our sta ndard pricing models and with ICE's current CLEAR contract, the month ly rate for the access license (in this case, to LPR data, via link from Thomso n Reuters CLEAR to Vigilant's LEARN) increases 5% year-over-year in the last two periods of the option years. The modest escalation ensu res that we are ab le to bring the most cu rrent product functio nality to our customers while maintaining agreed-upon pricing during the estimated contract duration . We do not charge additiona lly for training or support of our on line products. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-IC LI -00035 1492 Pa ge 1 December 2017 Vendor Terms West Publishing Corporation (West, a Thomso n Reuters bu siness, hereinafter " West") proposes 10 provide access to License Plate Reader data to the U.S. Department of Homeland Security, Immigration and Custome rs Enforcement, Enforcement and Removal Operations and Homeland Security Investigations (hereinafter 'agency'), via open market purchase of access rights through Thomson Reuters CLEAR and Vigil ant 's LEARN platform. The followin g terms and conditi ons app ly to any contract resulting from thi s proposal (hereinafter "contract"). • Contract Term- The Base Period will be 12/2 1/20 J 7 to 1/3 1120 18 , with bi ll able access to the contracted data upon completion of the Privacy Impact Assessment. • Renewal Options- Any contract resulting from this proposal may be renewed for two (2) additional one-year periods and one subsequent 8-month period (Option Periods 1-3), subject to available fu nding. • Invoicing- West bi llin g is systemati call y generated for whole calendar months. Therefore, the first invoice wi ll display a start date of 11112018. Billing will be monthly in arrears through the contract duration , anticipated through 9/30/2020. • Authorized Users- Only users authorized to use CLEAR by the agency may access and use CLEAR under the terms of the fix ed-rate agreement, and such use must be solely for purposes directly related to the agency's research and work. ICE may authorize only ICE users; ICE may not provide access to oth er agency personneL • Passwords- Each CLEAR user mu st be assigned a separate CLEAR password. CLEAR passwords may only be used by the person to whom the password is issued. Sharing of CLEAR passwords between or among users is STR ICTLY PROHJBITED. West reserves the ri ght to issue additional password s to the agency if West learn s that CLEAR has been used by a person other th an the person to whom the password has been issued. • Additional Users- West' s offer provides LEARN access to all authorized agency users, based on ICE's current organizat ional structure. For any contract awarded to West pursuant to this proposal, the agency can add add itional agency users beyond the user limit. Any add itional passwords issued beyond the user li mit, will be bill ed to the agency at a mutually agreed upon monthly rate (in addition to the fixed monthly charge). • Ordering Documents- All access to and usage of CLEAR is governed by the then-current General Terms and Conditions- Thomson Reuters Legal Products and Services document. Thi s document (incl uded with this proposal) will be incorporated by reference into and made part of any contract awarded to West pursuant to this propo sal. • Credentialing Documents- Access to and usage of CLEAR requires periodic co mpletion of the then-current Accou nt Validation and Certification (A vC) Form. As a current CLEAR customer, we do not anticipate needing an A VC form at thi s time. • Contractor Information- Any co ntract resulting from thi s proposal will be with: Legal Contracting West Publishing Corporation E ntity; Doing Business As West, a Thomson Reuters business Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 1493 Pa ge 2 December 2017 (DBA): Corporate Address: 610 Opperman Drive, Eagan, MN 55 123 Remittance Address: P.O. Box 6292, Carol Stream, IL 60 197-6292 Federal Tax ID #: 4 1- 1426973 DUNS#: 14-850-8286 Cage Code: 89 101 • Order Processing- CLEAR service will begin the first day of th e first month follo wing receipt of th e fu ll y executed co ntract (or delivery order), provided adequate time is availabl e for impl ementin g the contract. In general , to impl ement a co ntract West mu st receive th e fu lly executed contract no later th an fi ve bu siness days prior 10 th e end of the month preceding th e start of CLEA R service. • Offer Acceptance Period- The terms of this price proposal are valid for 60 days from the submittal date of thi s proposal. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 1494 Pa ge 3 Decem ber 2017 Assumptions, Conditions, Exceptions West submit s the following assumptions, conditions, and exceptions to the Terms and Conditions in the RFQ dated December 15, 2017, and the related Attachments. Assumptions - General West is offerin g a commercially available off-the-shelf item that is accessed via the internet. In such c ircumstances, the FAR envision s using the standard license agreements that are typicall y available to the commercial public for the offered product. Thus, West in corporates its General Terms and Conditions for Federal Subscribers (West' s standard terms modified to incorporate Federal law) and standard license terms into all of its agreements, which sets forth the commercial terms that govern the arrangement. As such , West conditions its offer upon the acceptance of its General Terms and Conditions for Federal Subscribers and standard license terms, along with the exceptions to the solicitation outlined below. West is willing to leverage the terms and conditions previously agreed to by ICE in its contract for CLEAR services - Contract No. HSCEMD- 16-F-00003. "West's data" includes proprietary data and data properl y licensed to West for access through our products. The compliance of LPR access via CLEAR and/or LEARN with the requirements in the RFQ 's Statement of Work is detailed in our Technical Res ponse to the RFQ. Any variances from the SOW are noted in the technical respon ses to each of the requirements. AssumptionslExceptions - Attachment 2, Quality Assurance Surveillance Plan Overall Support Service: Thomson Reuters provides support and training for their CLEA R product and for integrated access to the LEARN platform via CLEAR. Vigilant provides all support for their LEARN platform. Results of a single LPR query: Quick response time for queries is contingent on po sitive internet connectivity. Neither Thomson Reuters nor Vigilant control the internet connectivit y of the users or any related connectivity issues. Withholding Criteria: We do not agree to penalti es or payment withholdin g regarding performance standards. Exceptions to Attachment 3, Terms and Conditions 52.204·21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEM (JUN 2016): West respectfully requests removal of this provision in its entirety, as it is inapplicable. West is providing access to a commerc ial off-the-shelf product accessed via the internet. West is not offerin g a "covered contractor information system" nor is West recei ving " Federal contract information." The flow of information is from West to the end-user (Government) and access is available via the internet using the agency's existin g information technology equipment, so none of the requirements of 52.204-7021 apply. Thus, this provision is not applicable to the product offered under thi s solicitation . West does offer protection to all of our customers via our standard license agree ments, Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 1495 Page 4 December 2017 and applicable privacy policies, which are incorporated into thi s proposal. As a result, and to avoid confusion between th e right s and responsibilities of the parties, West respectfully requests the deleti on of thi s clause. 52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015): West respectfull y notes that Subsection (c) does not apply to this soli citation as West is offering a commercial item as defined by FAR 2.10 I. The obli gations covered in this Subsection (c) shall not apply to West. 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 2010): West respectfull y requests removal of thi s pro vision in its entirety, as it is inapplicable. This onl y applies to ARRA-funded contracts which West does not accept. 52.204-14 Service Contract Reporting Requirements (OCT 2016): West respectfully requests removal of thi s provision in its entirety, as it is inappli cabl e to the commercial off-the-shelf product offered under thi s solicitation . West's product is a li cense to access West's pl atform via th e intern et, a commercial off-the-shelf item. As a result , the Service Contract Act does not apply because the primary purpose of the contract is not to deliver services via service employees. Cf 29 C.F.R. § 4. 110. An y service-type action s are in cidental to the main purpose of the contract. Further, contract support by West employees (such as billing or technical support) is performed, when requested, by administrative or professional employees. See 29 C.F.R. § 4. 11 3 (SCA does not apply to executi ve, administrative or professional employees). Further, even if the products offered by West could be construed as services within the SCA, th e statutes and regul ation s specificall y exclude services performed via communication systems such as radio, televi sion and th e internet. 29 c.F.R. § 4. ll5(b)(4). 52.219·9 Small Business Subcontracting Plan (JAN 2017) - Alternative HI (NOV 2016), 52.219· 16 Liquidated Damages - Subcontracting Plan (JAN 1999): West respectfull y requests remo val of these provisions in their entirety. West' s commercial subcontracting plan is managed by GSA , and West will not use any subcontractors during the performance of this contract. 52,224-3 Privacy Training (JAN 2017) Alternate 1 (JAN 2017): West respectfully requests the removal of FAR 52.224-3, which pertain s to the Pri vacy Act of 1974. This Act does not appl y to thi s contract because West is not developing or operating a system of records on individuals for ICE. West is providin g a commercial item; spec ificall y, a license to access data sourced by, and under the control of, West. Access to West's data is subjec t to the terms of West's General Terms and Conditions for Federal Subscribers. 52.239-1 Privacy or Security Safeguards (A UG 1996): West respectfull y requests remo val of thi s section in it s entirety. This clause applies to information technology acquisitions and those for the operation of a system of records as defined by federal regulations. (FAR 39. 106). West is offering neith er information technology nor a system of records. West is offering a commercial off-the-shelf service that provides users access to a license recognition product via the internet and through the user's own equipment. West is not offerin g any information technology products, becau se West is not offering an y equipment (See Far 2.10 I for definition of ';lnformation Technology"). Further, West is providing users with access to West's own data, and not a "system ofrecords on indi viduals" that is under government control (See FAR 24.101 for definition of "system of records on individuals"). As a result, and to Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLl-00035 1496 Page 5 December 2017 avoid confusion between the rights and responsibilities of th e parties, West respectfull y requests the deletion of thi s clause. 52.222-41 Service Contract Labor Standards (MA Y 2014): West respectfull y requests removal of thi s provision in its entirety, as it is not appli cabl e to the product offered under thi s solicitation . West is providing access to a commercial off-the-shelf item. This contract is not subject to area prevailing wage determinations or incumbent contractor's collecti ve bargaining agreement. 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014): West respectfull y requests remo val of thi s pro vision in its entirety, as it is not applicable to the product offered under this soli citation. West is providing access to a commercial off-the-shelf item. This contract is not subject to area prevailing wage determinations or incumbent contractor 's collecti ve bargaining agreement. 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MA Y 2014): West respectfull y requests removal of this pro vision in its entirety, as it is not applicable to the produ ct offered under thi s solicitation. West is pro vidin g access to a commercial off-the-shelf item. This contract is not subject to area prevailing wage determin ation s or incumbent contractor's collecti ve bargainin g agreement. 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015): West respectfull y requests removal of this provision in its entirety, as it is inappli cable to the commercial off-the-shelf product that West is providing to ICE. These produ cts do not "directl y engage the time and effort of a contractor or construction ." 3052.204-70 Security Requirements for Unclassified Information Technology Resources: West respectfully requests removal of this provision in its entirety, as it is inapplicable to the commercial off-the-shelf product offered by West. West is providin g internet access to a commercial off-the-shelf research product. West will not have physical or electronic access to sensitive information contained in ICE's unclassifi ed systems th at directly support the agency's mi ss ion . 52.224·1: Privacy Act Notification (APR 1984),52.224·2: Privacy Act (APR 1984), PRIV 1.7: Privacy Act Information and ICE Information Governance and Privacy Requirements Clause (JUL 2017) (A and C): West respectfull y requests the removal of these provisions, which pertain to the Privacy Act of 1974. This Act does not appl y to thi s contract because West is not developing or operating a system of records on indi viduals for ICE. West is providing a commercial item, specifically, a li cense to access data sourced by, and under the control of, West. Access to West's data is subj ect to the terms of West's General Terms and Conditions for Federal Subscribers. 3052.204-71 Contractor employee access (SEP 2012), and Alternate I Safeguarding of Sensitive Information (MAR 2015) Sections (a) - (d) Information Technology Security and Privacy Training (MAR 2015) : West respectfull y requests removal of this provision in its entirety, as it is inapplicabl e to the commercial off-the-shelf product offered by West. West is providing internet access to a commercial off-the-shelf I product. West will not have access to uncl ass ified facilities, Information Tec hnology (IT) resources, and sensitive information durin g the acqui sition process and contract performance. Additionall y the Privacy Act of 1974 does not apply to this contract becau se West is not developing or operating a system of records on indi viduals for ICE. PRIV 1.2: Reporting Suspected Loss of Sensitive PH, PRIV 1.3: Victim Remediation Provision and PRIV 1.4: Separation Checklist for Contractor Employees and ICE Information Governance and Privacy Requirements Clause (JUL 2017)(D): West respectfully requests removal Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018·ICLI·00035 1497 Page 6 December 2017 of th ese provisions in their entirety, as they are inapplicable to the co mmercial off-the-shelf product offered by West. West is providing internet access to a co mmercial off-the-shelf product. ICE will not be pro vidin g PH nor will West accept any PH in the performance of this contract. West is providing a li cense to access data so urced by, and under th e control of, West. Access to West's data is subject to the terms of West's General Terms and Conditions for Federal Subscribers. PRIV 1.6: Prohibition on Performing Work Outside a Government FacilitylNetworklEquipment: West respectfull y requests removal of this provision in its entirety, as it is inapplicabl e because West will not be performing tasks at Government facilities, or access ing Government networks using Government furnished IT or any other Government equipment. West is offering internet access to a co mmercial-off- the-shelf online subscription produ ct that is accessed by the end-user (ICE) via the internet using ICE's ex istin g information technology eq uipment. REC: 1.1: Required DHS Basic Records Management Training and REC 1.5: Comply with All Records Management Policies: West respectfully requ ests removal of these provisions in their entirety, as they are inapplicable. Neither West nor any of its employees will have phys ica l or electronic access to sensitive information contained in ICE's uncl assifi ed systems. West will comply with thi s federal records management policies th at do not include policies associated with safeguarding records cover by the Privacy Act of 1974. This Act does not apply to this contract because West is not developing or operating a system of records on individuals for ICE. REC 1.2: Deliverables are the Property of the U.S. Government and REC 1.4: Agency Owns Rights to Electronic Information: West respectfull y requests remo val of th ese provisions in their entirety, as they are inapplicable to the co mmercial off-the-shelf product offered under this solicitation. West is not providing a work for hire and no title shall pass to ICE in performance of this contract. REC 1.3: Contractor Shall Not Create or Maintain Unauthorized Records: West will co mpl y with thi s federal records management policies that do not include policies associated with safeguarding records cover by the Privacy Act of 1974. This Act does not apply to this contract because West is not developing or operating a system of record s on individuals for ICE. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 1498 Page 7 December 2017 Attachment to Price Quote • Thomson Reuters General Terms and Conditions for Federal Subscribers Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 1499 Page 8 Decembe r 2017 T homson Reuters General Terms and Conditions Fo r Federal Subscribers US Hrsion 1.1 THOMSON REUTERS These ICnTIS govern your usc of the Thomson Reuters products and services in your order foml. "We", "our" and "Thomson Reuters" means the Thomson Reuters entity identified in the order fonn and. where applicable, its affiliates: "you" and "your" means the dient. customer or subscriber identified in Ihe order fonn. Your order fonn identifies Ihe products and services. the quantities. charges and other details of your order. The order fonn also refers to and incorporates documents which may apply to the produdS or services you sclC\:tcd. The order fonn . ~pplicablc incorpomled documents and these lcnns constitute the complete agreement (Ihe "Agreement") and supersede any prior and contemporanoou> discus>ions. agreements or representatiom and warranties regarding your order. fAR Applicability. The Agreement is subject to applicable federal law including incorporated FAR clauses. If the terms of the FAR or other federal law are different front the Agrccment. the FAR or othcr federal law will have priority. I. OUR PRODUCTS & SERVICES (a) Limited License. Together with our licen>ors. we own and retain ownership of all rights of whatever nmure in and to our products. services. and data (whether tangible or intangible). You may access, view. install. use. copy. modify and distribute our property only as expressly spec ified in the Agreement and caeh of us shall at all times act in accordance with applicab le la_. including expon controls and economic sanctions that apply 10 us in connection with the Agreement. (b) Updates. Our products and services change from time to time but we will not change the fundamental nature of our products and serv ices unless the change is the result of the modification or tcnnination of an agreement with a third party provider or a> required 10 comply with any law, (c) I'asswo rds . Your access to certain products and services is password protected. You arc responsible for assigning the passwords and for ensuring that passwords are kept confidential. Sharing passwords is strictly prohibited. Each of us shall maintain industry standard computing environments to cnsure that both your and our propeny is >ecUTe and inacces>ible 10 unauthorized persons. 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Unle>s otherwise expres>ly permitted in the Agreement. you may not: (i) sell. sublicense. distribute. display. store. copy. modify. decompile or disassemble. reverse engineer. translate or transfer our property in whole or in part. or as a component of any other product. service or matcrial; (ii) use our property or our third party provide~' property to create any derivative works or competitive products: or (iii) allow any third parties to access. use or benefit from our property in any way. Exercising legal rights that cannot be limited by agreement is not precluded. If you are in the business of providing audit. tax. accOllnting. or legal services to your clients. this Section l(h) does not preclude you from using our products to benefit you r customer~ in the ordinary COUTSC of your business. Except as expre,sly set forth in this Agreement we retain all rights and you are gmllled no rights in or to our products. services and dma. 0) Sl'rvices. 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If your content is lost or damaged. we will assist you in restoring the content to the hosted software from your last available back up copy. 5. CHAR{;E..'i (a) Payment and TaxI'S. You must pay our charges within 30 days of the date of invoice in the currency stated on your ordcr fonn. If you are a non government >ubscribcr and you fail to pay your invoiced charges. you are responsible for colkclion costs including allorncys ' fees. You must also pay applicable taxes and duties. other than taxes on our income. in addition to the price quoted unless you provide va lid proof that you are exempt. Invoice disputes must be notified within IS days of the date of the invoice. 2018-ICL'tffil1f35 1500 IOS8,dot (b) Changes. Except as otherwise specifically stated in the order fonn, we may dange the darges for our products and sCTvkes with cffe<:t from the start of each renewal tenn hy giving you at least 30 days wrinen notke. (c) Excess Use. You must pay additional charges if you exceed the scope of use specified in your order form. based on the rates specified on the order foml or our current standard pricing, whichever is greatCT. We may change the charges if you merge wilh. aC(juire or are aC(juired hy another entity which results in additional access to our products. services or data. 6. PRIVACY Each of uS will at all times process and disclose personally identifiable infomlation received as a result of this Agr~"ement ePII") in accordance with applicable law. Each of us will use reasonable efforts to assist one another in relation to the investigation and remedy of any claim. allegation, action, suit proceeding or litigation with respect the unauthorized or unlawful destruction, loss. ahemtion. disclosure or access to PII. You acknowledge and agree 10 the transfer and processing of PII in the geographical regions ne<:essary for Thomson Reuters to fulfill our obligations. 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Th is paragraph shall survive three (3) ye;l!"S aner the tennination of the Agreement or until the infornlation is no longer deemed confidential under applicable law, whichever occurs first (b) You may pennit independent contractors to access our confidential infonnation to the extent necessary for the contractor to provide services to you if Ihe contractor fi r:;t executes a confidentiality agreement which prohihits the cont ra<;tor from using or disclosing our confidential infonnation. An independent contractor who is our competitor will not have access to our confidential infomlation. A competitor. for purposes of the prohibition. is a third party that is regularly engaged in the business of developing or marketing software that perfnnns the same or similar functions as one or more of the modules of the sonware to which you subscribe. (c) Each party represents to the other party Ihat its personnel have undertaken general obligations of nondisclosure with regard to proprietary and confidential infomlalion to which they have access during the course of their relationship with the other party thm arc no less restrictive than those imposed in the agreement. II. WARRANT IES AND DISCLAIMERS TIlE WARRANTIES IN TillS SECTION ARE TIlE EXCL USIV E WARRANTIES FRO)\.I US AND EXCL UDE ALL OTHER WARRANTIES. CO NDITIONS OR OTHER TERMS (EXPRESS OR 11\II'L1ED), INCLUDI NG WARRANTIES OF I'ERFORMA NC E. MERCHA NTABILITY, NON.I NFRINGEMENT, SUITABILITY. FIT NESS FOR A PARTICULAR PURPOSE, ACCURAC Y, COMPLETENESS AND CURRENT NESS. IN ENTERING THIS AGREEMENT, NEIT HER I'ARTY HAS RELIED UPO N ANY STATEMENT, REPRESENTATIO N. WARRANTY OR AGREEMENT OF THE OT HER PARTY EXCEPT FOR THOSE EXPRESStY CONTA I NED IN THIS AGREEMENT. (a) EXCL US ION OF WARRANTIES, TO TIlE FULLEST EXTE NT PERi\IISSIBLE UNDER AI'I'LI CABLE LAWS, WE DO NOT WARRANT OR REPRESENT OR INCL UDE ANY OTHER TER)\.I THAT THE I'RODUCTS OR SERVICES WILL BE DEUVERED FREE OF ANY INAC CU RA CIES. INTERRUI'TIONS, DELAYS. OMISSIONS OR ERRORS, OR THAT ANY OF THESE WILL BE CORRECTED. (b) INH}RMATION. OUR IN,,' ORMATION PRODUCTS ARE PROVIDED ~AS IS ~ WITHOUT ANY WARRANTY, CON DITION OR ANY OTHER TERM OF ANY KIND. (c) SOn·WARE. WE WARRANT OUR SOt"!'WARE PRODUCTS WILL CONFORM TO OUR DOC UME NTATION FOR 'Xl DAYS AFTER DELIVERY. (d) DISCLA IMER. YOU ARE SOLELY RESI'ONSIHLE FOR THE PREI'ARATION, CONTENT, ACCURACY AND REVIEW OF ANY 8/1/17 DO CU ME NTS. DATA . OR OUT PUT PRE I'ARED OR RESULTI NG FROM THE USE OF ANY PRODUCTS OR SERVI C ES AND FOR ANY DEC IS IONS l\IADE OR ACT IONS TAKEN BASED ON THE DATA CONTAINED IN OR G EN ],;RATED BY TilE PRODUCTS OR SE RVICES. IN NO EVENT SHALL WE OR OUR THIRD PARTY PROVIDERS BE LI ABLE FOR ANY AMOUNTS IMPOSED BY ANY GOVERNMENTAL OR REGUtATORY AUT HO RITY. (e) NO ADV ICE. WE ARE NOT PR OVID ING FINANCIAL, TAX AND AC COUN TING, LEGAL AND ANY OTHER I'R Ot'ESSIO NAL ADV ICE BY ALLOWING YO U TO ACCESS AND USE OUR PRODUCTS. SERVICES OR DATA. YOUR DECISIONS MADE IN RELIA NCE ON THE PRODUCTS OR SERVI C ES OR YOUR INTERPRETATIO NS OF OUR DATA ARE YOUR OWN FOR WHI C H YOU HAVE FULL RESPO NSIBILIT Y. 9. LIAB ILITY (a) Lll\lITATION. EACH PARTY'S ENT IRE LIAB ILITY IN ANY CAL ENDAR YEAR FOR DAMAGES AR ISING OUT Of OR IN CON NECTION WITH THE AGREEMENT, INCLUDING "' OR NEGLIGE NCE, WILL NOT EXCEED THE AMO UNT YOU PAID I N THE PRIOR 12 MO NTHS FOR THE I'RO DUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM FOR DAMAGES. NE ITHER PARTY IS LlAIILE TO THE OTHER FOR INf)IRECT, INCID ENTAL, PUNITIVE, SPECIAL OR CONSEQUENT IAL DAMAGES, O R fOR LOSS OF DATA. OR LOSS OF PROHTS (IN EIT HE R CASE, W HET HER DIRECT OR INDIRECT) EVEN IF SUCH DAMAGES OR tOSSES COULD HAVE BEEN FORESEEN OR PREVENTED. (b) Unl imikd Liability. Se<:tion 9(a) docs not limit either party's ' liability for (i) fraud. fraudulent misrepresentation. willful misconduct. or conduct that demonstrates reckless disregard for the rights of others; (ii) negligence causing death or personal injury; or (iii) infringement of intellectual property rights. Section 9(3) docs not limit your liability in relation to Section 9(e) or for claims for reimbursement arising thereunder; or to pay the charges on the order fonn and all amounts for use of the products and services that exceed the usage permissions and restrictions granted to you. (c) Cla ims Period. Claims must be brought within 12 months after the basis for the claim becomes known to the person asserting the claim. (d) Third Part}' Intellectu al Propo:rty. If a third pany sues you claiming that our products. services or data, excluding any ~>nions of the same provided by our third party providers infringes their intellectual property rights and your use of such products. services or data has been in accordance with the terms of the Agreement, we will defend you against the claim and pay damages that a court finally awards against you or that are included in a se1llement approved by Thomson Reuters. provided the claim docs not result from: (i) a combination of all or part of our products. services or data with technology. products. services or data not supplied by Thomson Reuters; (ii) modification of all or part of our products. services or data other than by ThomsOfl Re uters or our suocontractors; (iii) use of a version of Our products, services or data after we have notified you of a requirement to uSC a subsequem version; or (iv) your breach of this Agreement. Our obligation in this Section 9(d) is conditioned on you (A) promptly notifying Thomson Reuters in writing of the claim; (8) supplying infomlation we reasonably request: and (C) allowing Thomson Reuters to control the defense and senlemenL (e) Your Responsibilities. You are responsible for (i) complying with this Agreement; (ii) proper usc of our products and services in accordance wilh all usage instructions; (iii) adhering to the minimum recommended technical requirements: (iv) changes you make to our product. sCTvices or data: (v) your combination of our prod ucts, sCTvices or other property with any other materials; (vi) implementing and maintaining proper and adequate virus or malware protection and proper and adequate backup and recovery systems; (vii) installing updates: (viii) claims brought by third parties using or receiving the benefit of our products. services or data through you. except claims covered by Section 9(d): and (ix) claims resulting from your violation of law. or violation of our or any third party rights. You must reimburse us for any losses we incur with respect to your failure to comply with or otherwise in relation to these responsibilities. We will not be responsible if our product fails to perfonn because of your third party software. your hardware malfunction. or your actions or inaction. If we learn that our product failed because of one of these. we reserve the right to charge you for our work in investigating the failure. Al your request we will assist you in resolving the failure at a fee to be agreed upon . (0 Your responsibility for misuse, abuse or compromise of the data and any claim. loss. dantage. liability or expense directly or indirectly relating to the agreement arising from your employees' or agents' acts or failures to act will be detennined under the Federal Tort Claims Act or other Act of Congress, as 2018-ICL'tffil1f35 1501 IOS8.dot applicable. You acknowledge that your access to and usc of Regulated Data is contingcnt upon complying with you r contract ual obligutions. (g) The remedies in par~graphs 9 and 10 are your exclu sive remedie, and arc in lieu of all other legal or equitable remedies and all liabilities or obligations on the part of West for damages (except for bodily injury). including. but not limited to. the licensing. delivery, installation, usc or perfonnance of software or the integmtion of software with other softwure or hardware. 10. TERM, TERMINATION (a) Ter m. The tenn and any renewal terms for the products and services ure described in your order fonn. (b) Suspension. We may on notice tenninate, suspend or limit your usc of any portion or all of our prooucts. services or other property if (i) requested to do so by a third party provider, court or regulator; (ii) you become or are reasonably likely to become insolvent or affiliated with one of our competitors: or (iii) there ha, been or it i, reasonably [ikely that there will be: a breach of security: a breach of your obligations under the Agreement or another agreement between us: a breach of our agreement with a third party provider: or a violation of third party rights or applicable laws. Our notice will spe<:ify Ihe cause of the tennination, suspension or limitation and. if the cause of the tenninution suspension or limitation is reasonahly capable of being remedied. we will infonn you of the actions you must take to reinstate the product or service. If you do not take the actions or the cause cannot be remedied within 30 days. we may suspend, limit or tenninate the Agreement in whole or in part. Charges remain payable in full durin g perioos of suspension or limitation arising from your action or inactiOfl. (c) Ter mi na tion. Either of p.lny may tenninate the Agreement immediately upon written notice if the other commits a material breach and faib to cure the material breach within 30 days of being notified to do so. Any failure to fully pay any amount when due under this Agreement is a material breach for this purpose. Unless we temlinatc for breach or insolvency. pre-paid charges will be refunded on a pro-mted basis. If. as Ihe resuh of a mooification or temlinatiOfi of an agreement with a thi rd P;lrty provider. we fundamentally change a product or service to your detriment. you may temlinate the Agreement (in whole or with respe<:t to the affected product or service) upon 30 days wriHen nOlice. (d) Effect or Termina ti on. Except to the extent we have agreed otherwise. upon temtination. all your u,age rights end immediately ;tnd each of u, must uninstall or destroy all propeny of the other and. if requested. cOfifiml thi, in wriling. Termination of Ihe Agreement will not 0) relieve you of your obligation to pay Thomson Reuters any amounts you owe up to and including the date of tennination: (ii) affe<:t other accrued righls and ohligations: or (iii) tenninate those part, of the Agreement that by their nature should continue. (e) Precedence. The descending order of precedence is: third pany license tenns cnntained in Se<:tion 1(0 nf these tcnns; the applicable order fonn; and the rcmaining provisions of the Agreemcnt. (0 Amendment . The Agreement may be varied only by a written amendment signed by both panics. (g) Waivc r . Neither of us waives our rights or remedies by delay or inaction. (h) Our products may not be exported or re-exponed in violation of the U.S. Foreign ComJpt Practices ACI, the U.S. Expon Administmtion ACI or any other applicable Jaws. rules and regulatinns. (i) United States Government use. duplicatiOfl or disclosure of tlIJr software product, is subject to applicable restriction, of the following regu[atioos: Conunercia[ Computer-Restricted Rights )FAR 52.227- 19(a) - (d»): Rights in Technica[ Data and Computer Produci IDI' ARS 252.227-7013(c)(l)(ii)): the Commercial Computer Product - Restricted Rights [48 CFR 52.227- 19 (e)(l) and (e)(2»); und similar cluuse~ in the NASA FAR Supplement. These restrictions do not apply to our information produdS or hO:Sled services. (j) '!be agreement supersedes the temlS and condilions of any clicklhrough agreement associated with any software product or hosted service in the ordering document. 11 . FORCE MAJEURE We are not liable for any damages or failure to perfonn our obligations under the Agreement because of circumstances beyond our reasonable control. If those circumstances ca use material deficiencies in Ihe products or services and continue for more than 30 days. eithcr of us may tenninate any affe<:ted proouct or service On notice to the other. 12. T HIRD PARTY RIGHTS Our affiliates und third party providers benefit from our rights and rcmedies under the Agreement. No other third parties have any right, or remedies under the Agreement. 13, GENERA L (a) Assign ment. You may not assign. delegate or otherwise transfer the Agreement (including any of your rights or remedies) to anyone else without our prior written consent. Any assignment. delegation or other tran sfer in contmvcntion of this Se<:tion 13(a) is vnid. (b) Feedback. Any comments. suggestions. ideas or recommendation, ),OU provide related to any of our products or services are our exclusive propeny. (c) Severabilit y. If any pan of the Agreement that is not fundamental is illegal or unenforceahle. it will be deemed modified to the minimum extent ne<:essary to make it legal and enforceable. If such modification is not possible, the pan will be deemed deleted. Any such mooificatiOfi or deletion will not affect Ihe validity and enforceability of Ihe remainder of the Agreement. (d) Agreement Cu mplia nc",. We or our professional representatives may review ynur compliance with the Agreement throughOlJt the tenn nf tile Agreement. If the review reveals that ),OU have exceeded the authorized use permitted by Ihe Agreement. you will pay all unpaid or underpaid charges. 8/[/[7 2018-ICL'tffil1f35 1502 1058.dot Thomson Reuters Response to RFQ 70CDCR 18QOOOOOOO5 License Plate Reader Commercial Data Service via Vigilant's LEARN Platform Technical Response SUBMITTED TO U.S. Department of Homeland Security Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) SUBMITTED TO: r b)(6);(b}(7)(c) DUE DATE: December 18, 20 17, by 6 pm ET SUBMITTED BY Thomson Reuters (West Publishing Corporation) _-"I ,:-Yb__ )(6__ );(__ b)-: (7X : -C_) CF APMP Senior Proposal Coordinator ~b)(6); (b)(7}(C) Phone: 703-909- ,~J~?}~b E-mail : f b)(6);(b)(7}(C) Phone; 443-622 ~ E-mail : b}(6);(b}(7)(C) {~:B~)j ':::,:; ;- THOMSON Client Relatio nship Manager f REUTERS~ Source Selection Sensiti ve This document includes proprietary information that shall not be duplicated, used, or disclosed outside of DHS ICE-in whole or in pa rtfor any purpos e ot her than evaluating this proposal. This information is deemed proprietary because it contains pricing and conf ident ia l corpo rate information that is of critical value to Thomson Reuters and our partners in a highly competitive market, 2018-ICLI -00035 1503 Contents INTRODUCTION ...................................................................................................... 1 SECTION I - TECHNICAL APPROACH ................................................................ 2 C.4 RESPONSES TO PERFORMANCE REQUIREMENTS ............................................. 2 Data Serv ice Content/Scope ........................................................................................................... 2 User Managenlent and Support. ...................................................................................................... 5 Functional Requirements ................................................................................................................ 7 Query Capabilities .................................................................................................................................... 7 Alert List Capabilities ............................................................................................................................ 10 Mobile Device Capabilities .................................................................................................................... 12 Audit and Reporting Capabilities ........................................................................................................... 13 C.S C.6 C.7 C.S IS NOT IDENTIFIEDIINCLUDED IN THE STATEMENT OF WORK .................... 17 PROMOTION OF THE CONTRACT ........................................................................ 17 NEWS RELEASES ...................................................................................................... 17 LICENSE TyPE .......................................................................................................... 17 SECTION II - PAST PERFORMANCE ................................................................. 18 it '.:~·~·: ','::' ., .~. Page i THOMSON REUTERS Thomson Reuters Response to DHS ICE December 2017 2018-ICLI -00035 1504 Introduction Thomson Reuters has a long hi story of commitment to meeting the information al needs of th e Department of Homeland Security (DHS), including Immi gration and Custo ms Enforcement (lCE), and we seek to maintain and ex pand that relation ship in responding to the current Request for Quote for access to a License Plate Reader database. Through the comb ination of co mprehensive and reliabl e data, technology, and experti se in how public records and related information can benefit government objectives, Thomson Reuters, with our partner, Vigilant Solutions, is uniquely positi oned to help ICE meet your agency 's diverse challenges with our subscription services. Based on conversation s with ICE personnel about the specific investi gati ve needs of ICE, Thomson Reuters can provide access to license pl ate reader data via a hyperlink to the LEARN platform through the CLEAR platform. Providing access to the data through CLEAR provides reassurance to ICE, by virtue of ex isting agreed-upon terms and auditing requirements, per agency mandate. This offer also provides access to LPR through Vigilant 's LEARN platform, which is maintained and supported by Vigilant. The Thomson Reuters CLEAR team has been successfull y supporting DHS 's in vestigative research needs and initiati ves since the agency's inception. We are proud to support the DHS and look for ward to continuing our long-standing partnership. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 1505 Page 1 Decembe r 2017 C.4 Responses to Performance Requirements In thi s section of our response, we respond directly to the Performance Requirements in th e Statement of Work of the RFQ. The information presented here is co nsidered proprietary and confidential. DATA SERVICE CONTENT/SCOPE We propose access to License Plate Reader (LPR) data via hyperlink from Thomson Reuters CLEAR to Vigilant Solutions' (Vigilant's) LEARN platform. Requirement: The LPR data service shall contain LPR record s from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repo ssess ion companies, and law enforcement agencies. Response: The offered LPR data is collected from variou s loll roads, parking loUgarages, repossession vehicles and law enforcement agencies nationwide. Requirement: The LPR data service shall include substantial unique LPR detection records. Response: Vigilant's database currentl y has hundreds of million s of unique detection records from commercial so urces. Besides LPR records from co mmercial sources such as parking garages, toll s and asset recovery vehicles Vigilant also has a large network of local and state law enforcement agencies (LEAs) across the country. This network of LEAs has the ability to share their LPR records with ICE regardless of their LPR hardware provider. All LEA detection records are the intellectual property of the LEA and all retention times and permissions on th ese records are set by those agencies. Vigilant only hosts and maintains tho se records. Requirement: The LPR data serv ice shall compile LPR record s from at least 25 states and 24 of the top thirty (30) most populous metropolitan stati stical areas within the United States to the extent that collection of LPR data is authorized by law in those location s. A metropolitan stati stica l area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout th e area as defined by the Office of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies for statistical purposes. Response: Forty-seven (47) states, the District of Columbia, and Puerto Rico have co mmercial LPR scan records. (Hawaii, Maine, and Vermont do not. ) A li st of the most populous 50 metropolitan areas in the US with commercial LPR data is provided below and exceeds the minimum requirement by DHS. Additional locations can be provided upon request. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 1506 Pa ge 2 December 2017 ~ I,N' ,A n, rA ,TX TN- WI 2 3 4 5 6 7 8 9 "TX A7 l,FL ,r:A ;,TX D Mi ,n 10 Ra lti 11 -T, -San l 12 13 :A fA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sacramento--Arden-Arcade--Rosev ill e,CA e>,WA r; ne;, MeAII , _FA ;,h 31 32 n 33 34 35 l,OH-KY-1N , i l,TX I v,1L Ph' rn I rA 1 'p, , P I -N I- n F- MD , , 99% uptime. With th e exception of schedul ed outages, LEARN Ho sted LPR Services will be accessible 2417/365. We agree that downtime shall not eclipse (4) hours in any given month, with the exception of major upgrades or system mi grations. We agree th at the mean time between failures (MTBF) will not exceed a mean of 4,000 hours between failures. Vigilant's average LPR Query Response Time for a Single exact Plate is reliably fast; however, we cannot guarantee 'OUE!H)'M'ED SIM1J. IUSiNESS Compliance & Removals and Customs Enforcement I of Acquisition Management washington DC 20536 1 Street, NW khVnllh)(]}(Cll DC 20536 OFFEROR IC. WEST PUBLISHING CORPORATION IBu,li.ngton Finance Center Box 1620 : ICE-ERO-FHQ-CED lliston VT 05495-1620 PO BOX 64.833 SAINT PAUL MN 55164. POC: jbX6);(b)(7)(C) 202-732 ~ IEI'~:::; 1lli)(6l fbKlllC) :;:~ Of fi cc "Kb~)(~6)~,(b~)(!7!E'XC~)==:::J IpIc~::~; ~ c:202-132 ~~ r;: 25 ACC()UN1lHGANOAPPROPRIATIOH DATIII See schedule 21. SOLICITIllTION INCORPORATES BY REFERENCE FAA 52 2.2-1. 52 2.2-<1 FAA 52 212-3 AND 52 212~ AAE IIITTIllCHEO III.ODENOIll CONTRACTIPURCHI8 . SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY 4 13 I CERT IFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 4 1b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 42a RECEIVED BY (Print) 41c. DATE 42b. RECEIVED AT (Location) 2c. DATE REC'D (YY/MM1)D) 142d . TOTAL CONTAINERS STANOAAD FDflM 1«9 (REV. 212012) B ...CK 2018-ICLI-00035 1525 EFER ENCE NO. OF DOCUMENT SEING CONTINUED CONTINUATION SHEET 70COCR18P00000017 52 NAME Of OfFE ROR OR CONTFV.CTOR WEST PUBLISHING CORPORATION ITEM NO. QUANTITY SUf>P\.IESiSEIMCCS (A) (B ) (e) UNIT (D) UN IT PRICE AMOUNT (E ) (F) apply only to t he purchase order resulting for ICE solici t ation 70COCR18Q00000005 . Exempt Action : Y Sensitive Award : PII Period of Performance : 12/22/2017 to 09/21/2020 0001 Base Period - 12/22/2017 - 01/31/2018 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . Product/Service Code : 0317 Product/Service Descript ion : IT AND TELECOMWEB-BASED SUBSCRIPTION Requisi t ion No : 192118FLMURQ0008 , 192118FUGOPS12087 b}(4);(b}(7)(E) Per~od 0002 of Performance : 12/22/2017 to 01/31/2018 Option Period 1 - 02/01/2018 - 01/31/2019 ACCESS TO LICENSE PLATE SYSTEM (Al l ICE Users ) Th is is a Firm-Fixed Price (FFP) CL IN . 12 MO Amou nt : ~kb~)~(4~)========:JI (opt io n Line Item) 02/20/2018 Produ ct/Service Code : 0317 Produ ct/Service Descript ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Acco un t ing Info : Funded : kb)(4) I Period of Performance : 02/01/2018 to 01/31/20 1 9 0003 Optio n Period 2 - 02/01/20 1 9 - 01/31/2020 ACCESS TO LI CENSE PLATE SYS TEM (Al l ICE Users) Cont inued ... NSN 7S4()..()t · t52-8067 12 MO ~ b-,,)(-, L 4 )_ _ _ _ _ _ _ _ _ _----, OPTIONAl. FORM:J.3Il (H I6) Sponsored 2018-ICLI -00035 1526 b\' GSA FAR (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLISHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES QUANTITY (8) IA) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) Th is is a Firm-Fixed Price (FFP) CL IN . Amoun t : Ukb~)~l4il)====::::Jh optio n Line Item) OS/20/2018 Product/Service Code : D317 Product/Service Descripti o n : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2019 to 01/31/2020 0004 Optio n Period 3 - 02/01/2020 - 09/30/2020 ACCESS TO LICENSE PLATE SYS TEM (Al l I CE Users) This is a Firm-Fixed Price (FFP) CL IN . 8 MO Amoun t : ~kb~'B4il)====::::JI (option Line Item) 08/20/2018 Product/Service Code : 0317 Product/Service Descript ion : I T AND TELECOMWEB-BASED SUBSCRIPTION Period of Performance : 02/01/2020 to 09/30/2020 I nvoice Ins t ructions : ICE - ERO/ HSI Con t rac t s Service Providers/Cont ractors shall use t hese procedures whe n submi t ti ng an invo ice . 1 . I nvo i ce Submission : Invoices s ha l l be submitted in a " . pdf " format i n accorda n ce with t he contract te rms a nd conditions [Contract Special i st and Con t rac t ing Officer to d i sc l ose if o n a mo n th l y basis or other agreed to terms " ] via e mai l , Un ited States Posta l Service (USPS) or facs imi l e as follows : a) Email : • kh\IflHh\(7)(G\ • Cont ract ing Off i cer Representat i ve (COR) Gover nme n t Poi n t of Contact (GPOC) • Con tract Specia l ist/Co n tracting Officer or Each email sha l l contai n o nl y (1) invoice a nd the i nvo i ce number shall be indicated on the subject l i ne of the email . b) USPS : Cont inued NSN 7540-01·152-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 1527 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO.OF DOCUMENT BEING CONTINUE D CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO. SU PPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) DHS , ICE Fi na nc ia l Operations - Burlington P . O. Bo x l620 Williston , VT 05495-1620 ATTN : I CE-ERO-FHQ-CED The Con t rac t o rs Data Un iversal Numberin g System (DUNS) Number mus t be registered and ac tive i n the System f o r Award Man age men t (SAM) at h t t p s : //www . sam.gov prior to award and s hall be nota t ed on e v er y i nvoic e s ub mi t ted to e ns ure p romp t payment prov is i o ns are met . The I CE p rogram office ident if ied in the task order/co n tract shall also be nota t ed on e v er y i nvo i ce . c ) Fa cs imi l e : Alternative Invoices shall be submitted t o : {802)-288-7658 S ubmi ssions by facsi mi le shall include a cov er sheet , point o f contact and the n umber of total pages . No te : the Service Providers o r Con t racto rs Dunn and Bradstreet ( D&8) DUNS Number mus t be r egis t ered in t he System for Award Mana geme nt (SAM) at h ttps : //www . sam . gov p rior to award and shall be no tated on ever y invo i ce submi tted to e ns ure prompt payment p ro vis ion s are me t . Th e I CE p rogram office ident if ied in the task order/co n tract shall also be nota t ed on e v er y i nvo i ce . 2 . Content of I nvo ices : Each i nvoice shall conta i n t he fo l lowin g i nformati on in acco r dance wi th 52 . 212-4 (g) , as applicable : ( i ) . Name and address of t he Serv i ce Provider/Contractor . Note : the na me , address and DUNS number on the invoice MUST matc h t he i n for mati o n in b oth the Contrac t/ Ag reeme n t and t he in formatio n in t he SAM . If payment i s remitted to another entity , the name , address and DUNS information of that entity mu st also be provided which wil l require Governme n t Continued .. . NSN 7S4ll-Ot·t52-8067 OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 1528 Sponsored b\' GSA FAA (03 CFR) 53. '1 0 FER ENCE NO. O F DOCUMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFE ROR OR CONTRACTOR WEST PUBLIS HI NG CORPORAT I ON ITEM NO. SUPPUESiSERVlCES (A) QUANTITY (8) (e) UN IT (D) UN IT PRICE (E) AMOUNT (F) verifica t ion before payment can be processed ; (ii) . Dun n and Brads t ree t (D&B) DUNS Nu mber : ( i ii) . I nvoice da t e a nd invoice number ; (iv) . Ag ree men t /contrac t nu mber , con t rac t line item number and , if applicable , the order n umber ; (v) . Description , qua n tity , unit of measure , un it price , exte nded price a nd period of pe r for mance o f the i t e ms or services delivered ; (vi) . If applicable , shipp ing number and da t e of shipmen t, i n cluding the bill of ladi ng n umber and weight of shipmen t if shipped on Governmen t bill o f lading ; (vii) . Terms o f a n y discou nt for prompt paymen t offered ; (vii i ) . Remit to Address ; ( i x) . Name , title , a nd phone number of person to reso l ve invoicing iss ues ; ( x ) . I CE program office designated o n order/co n tract/agreement a nd ( x i) . Mark invoice as "In terim " (Ongoing performa n ce and addi t ion al bil l ing e xpected) a nd " Fina l" (performa n ce complete and no additiona l billi ng) ( x ii) . El ectron ic Fu nds Tra n sfer (E FT ) ban king i n for matio n in accordance with 52 . 232 - 33 Payme n t by El ectron ic Funds Tra n sfer - System for Award Manageme n t or 52 - 2 32 - 34 , Payme n t by Electro n ic Funds Transfer - Other tha n System for Award Manageme n t . 3 . I nvo i ce Supporting Documentation . To ens u re payme n t , t he vendor mu st submit support ing docu mentat i on which provides s ubstantiation for t he invoiced costs to t he Contracting Of f icer Represe n tative (COR) or Poi n t of Contact (POC) identif i ed in the con tract . Invoice charges must Cont inued .. . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6) 2018-ICLI -00035 1529 Sponsored b\' GSA FAA (03 CFR) 53.'10 FERENCE NO_OF DOCUMENT BEING CONTINUE D CONTINUATION SHEET 70CDCR18P00000017 52 NAMEOF OFFEROR OR CONTRACTOR WEST PUBL ISHING CORPORATION ITEM NO_ SU PPUESiSERVlCES (A) QUANTITY (8) (e) UN IT ( D) UN IT PRICE ( E) AMOUNT (F) align with t he con tract CLINs. Supporting documen t ation is required when guaranteed minimums are exceeded and when allowable costs are incurred . (i ii ) Fi rm Fixed-Price CL INs . Supporting docu men ta t io n is not re qu ired f or charges for FFP CLINs . 4 . Safeguarding I n for mati o n : As a contractor or v endor conducti ng business with Immi g ra ti o n and Customs Enforcement (ICE) , you are required to comply with DRS Po lic y regarding t he sa f egua rding o f Sensitive Personally Ide n ti f iable In form at io n (P Il ) . Sensitive PIl is in fo rmation t ha t iden ti f i es an i nd iv idual, in cl ud i ng an alien , and could result i n harm , e mbarrassme n t , i nco nve ni e nce or u nfa irness . Examples o f Sensitive PI I i nc l ude i nformat i on such as : Socia l Security Numbers , Al i en Re gist rat i on Numbers (A-Numbers), or comb inat ions o f i n forma ti o n such as the individua ls na me or other u ni que iden ti f i er and fu l l date o f birth , c i tizens h ip , or i mmi g ra t ion status . As pa rt of your obli ga t io n t o safeguard i nformati o n , the fol low precautions are re qu ired : (i) Email s uppo rt i ng doc ume n ts containing Sensitive PI I i n an e nc r ypted attachmen t with password sent separate l y to the Contracting Officer Representative assigned to the con t rac t . Iii) Never leav e paper doc umen ts con ta i ni n g Sensitive PI I u na t te nded and u ns ecure . Whe n no t i n use , t hese doc ume nts will be l ocked in drawers , cabinets , desks , e t c . so the i nformati on is no t accessib le to t hose without a need to kno w. (iii) Use s h redders whe n discarding paper documents contain i ng Sensitive PI I . (iv) Refer to the DHS Ha ndboo k for Safeguarding Sensitive Pe rso n a l ly Iden t i f i able In f orma t ion (Marc h 20 1 2) found at rb)(7){E) Continued NSN rS4ll-Ot·t52..aoor OPTIOI'W. FORM:J.3Il (HI6) 2018-ICLI -00035 1530 Sponsored b\' GSA FAA (03 CFR) 53. '10 FERENCE NO_OF DOC UMENT BE ING CONTINUED CONTINUATION SHEET 70CDCR18P00000017 52 NAME OF OFFE ROR OR CONTRACTOR WEST PUBL I SHING CORPORAT I ON ITEM NO_ SUPPUESiSERVlCES (A ) QUANTITY (8 ) (e ) UN IT ( D) UN IT PRICE ( E) AMOUNT (F ) f for mo re informatio n on a nd /or examp les of Sens it ive PIr. 5 . I nvoice Inqu i ries . I f yo u ha v e q uest i ons regardi ng p a yment , please contact ICE Fin a n cia l Ope r a t io n s at 1-877- 4 91-6521 or b y e-mai l at kb)(6):(b}(7)(C) The t ota l a mou n t of a ward : kb)(4) The obli g at i on f o r th i s a ward i s s h o wn i n bo x 26 . NSN 7S4ll-Ot · t52-8067 OPTIOI'W. FORM:J.3Il (H I6 ) 2018-ICLI -00035 1531 Sponsored by GSA FAA (03 CFR) 53. ' 10 Statement of Work Access to License Plate Reader Commercial Data Service C.I. lNTRODUCTION AND BACKGRO UND. The intent of this Statement of Work (SOW) is to describe ICE's operational requirements to obtain querybased aeccss to a commcrcially avai lable Liccnsc Platc Rcadcr (LPR) databasc to support its cri minal and immigration law enforcement missions. A commercial LPR database stores recorded vehicle license plate numbcrs from camcras cq uippcd with liccnsc platc rcadcr technology. Rccords arc uploadcd into thc systcm from a variety of governmental and private sources including, but not limited to, access control systems such as toll road or parking lot camcras, vchiclc rcposscssion companics, and law cnforccmcnt agencics. Licenses to access the commercial database are sold to commercial consumers as well as 10 law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database. ICE wi ll use LPR information obtained in response to queries of the commercial database to further its criminal law enforcement and civi l immigration enforcement missions. ICE immigration enforcement personnel will query the LPR database using known license plate numbers associated with subjects of their immigration enforcement activities, to determinc whcre and when the vehicle has traveled withi n a specified period of time. The results of the queries will assist in identifyi ng the location of aliens to further ICE's immigration enforcement mission. ICE will also use LPR infonnation obtained from the commercial database to furthe r its criminal law enforcement mission, which includes investigations relatcd to national sccurity, illegal arms exports, fina ncial crimes, commercial fraud, human trafficking, narcotics smuggling, ch ild pornography, and immigration fraud. For example, use of LPR data in this context could he lp to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal activity, such as smuggling. Use of this data is expected to enhance officer and publ ic safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g. , away from a subject's residence if there are suspected to be children or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially available, query-based LPR database for ICE law enforcement personnel at ICE offices across the United States in the execution of their official law enforcement duties. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performance Requirements The vendor provides: Data Service ContentJScope • The LPR data service shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substant ial unique LPR detection records. • The LPR data service shall compile LPR from at least 25 states and 24 of the top 30 most populous metropolitan statistical areas to the extent authorized bv law in those locations. o A metropol itan statistical area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office 2018-ICLI-00035 1532 of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies fo r statistical purposes. • The LPR data service provider shall demonstrate the number of new unique records that were added to the commercially available LPR database each month for the last consecut ive twelve (12) months. • The LPR data service shall make avai lable at leastJO million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing similar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing simi lar services to other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instructions and guidance to fac ilitate usc of system. • The abil ity to compare new user requests with lists of personnel authorized by ICE to usc the vendor system. • Automatic verification of accounts with the ability to audit by using the user's Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or indirectly by the National Law Enforcement Telecommunication System (N LETS). • The ability to add new users or delete existing users within 24 business hours of ICE's request. • Ini tial training to orient personnel to the usc of their system, including " Help Desk" support related to the use, access, and maintenance of the system. • System training and "Esca lation Procedures" for agency managcr and shall include procedures for resetting passwords. • Unlimited technical support to each user. • Pcriodic or as needed updates to the web interface and mobile application. The vendor will employ appropriate technical, administrative, and physical security controls to protect the integrity, availability, and confidentiality of the data resident in its system. Functional Requirements Query Capabilities • Before a user is able to perform a query from the main system or mobile appl ication, the system must display upon logon a splash screen that describes the agency's pennissible uses of the system and data, and requires the user to affirmatively consent to these rules before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be avai lable to the users via a hyperlink within the main system interface (including any mobile app interface). o The agency will provide the language for the splash screen content. • All queries of the LPR data service shall be based on a license platc numbcr queried by the user only, and the data returned in responsc must be limited to matchcs of that license platc number only within the specified pcriod of time. 2018-ICLI-00035 1533 • The system will not permit user queries of the data service unless a license plate number is entered. A query can only be conducted by entering a liccnse plate number. • The query interface will incl ude a drop-down field fo r users to select a reason code for the query from a pre-populated list. The specific reason codes wil l be provided by ICE. This field is mandatory for conducting a query. • The query interface wi ll require a user to identify whether the user is entering data for him or herself or fo r another individual. If the user is entering data for another individual, the query interface will require the user to enter the name of the other individual. • The query interface must include a free- text field of at least 255 characters for user notes. This wi ll allow for additional information that will assist ICE in refcrencing the specific case for which the query was performed. Completing this field shall be mandatory for conducting a query. • The system will have the capability to limit the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface wi ll have a field for the user to select or input the appropriate timeframe fo r the query. o The system will display results only for LPR detecti on records within that timeframe (e.g. , only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets. • To ensure accuracy of information, the response to a query must include at least two photos on all hits. o Photos must be of sufficient quality to allow the user to visually confirm the license plate and vehicle make/model in the photo are the same as what is represented in the vendor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two different map views, nearest address, nearest intersection, date and time the license plate was captured, GPS coordinates, and source of the record. o The vendor shall provide a notification mechan ism in the event ICE users identify photographs that do not match the data in their system (license plate numbers or make/model mismatches). The vendor shall address all erroneous data. The vendor shall notify ICE and the ICE user of any inputted erroneous data and keep ICE and ICE users informed of corrections to erroneous data. • The vendor will not use any information provided by the agency (query data) for its own purposes or provide access or disclose such information to other customers, business partners, or any other individual or entity. • The vendor will not use ICE' s queries (the license plate numbers input into the system) for its commercial purposes. The vendor will only use the queries submitted by ICE to maintain an audit log. Alert List Capabilities • The LPR data service sha ll provide an "Alert List" feature that wi ll allow ICE users to save license plate numbers so they wi ll be automatically queried agai nst new records loaded into the vendor's LPR database on an on-going basis. Any matches wi ll result in a near real-ti me notification to the user. 2018-ICLI-00035 1534 • The LPR data service Alert Li st wi ll provide capabilities to share Alert List notifications between ICE users involved in the investigation. • The Alert List feature wi ll: I) Automatically match new incoming detection records to user-uploaded orentered Alert Lists containi ng the license plate numbers of interest in the investigation; 2) Send an email notification to the user originating such Alert List records and to any ICE user that has been shared the Alert List indicating there is a license plate match to new records in the system; and 3) Provide within the LPR system for download a PDF case fi le report for the match (wi th maps, vehicle images, and all pertinent detection & Alert Li st record information) for each email alert notification. The notification must be able to be limi ted to the user o r a use r group of ICE law cnforcement officers involved in the speci fi c investigation. The notification will comply with all applicable laws, including the Driver' s Privacy Protection Act of 1994 , 18 U.S.c. §§ 2721-2725. • The LPR data service wi ll allow specifica lly designated users to batch upload a maximum of 2,500 license plate records into the "Alert List". The batch upload will be in the form of a si ngle comma separated variable (CSV) fil e with data fiel ds to include, but not limited to the fo llowing: Plate number; State of Registration; Vehicle Year, Make, Model & Color; reason code and an open text fi eld, of at least 255 characters, fo r a user note to assist in referencing the specific purpose / investigation / operation for which the query was performed. • • The Alert List function wi ll include an automated capability that fl ags license plates for de-confliction. License plate pictures taken with the automated Optical Character Recognition (OCR) plate numbcr translation shall be submitted to the LPR data service system for matching with license plates on any eurrent ICE Alert List. Any positive matches shall re turn to the iOS appl ication (identified below) alerting authorized users of a positive match. These pictures will be uploaded into the data service que ry by an authorized ICE user along with any mandatory information needed fo r a no rma l query. The pictures will be retained in the vendor's system for audit purposes only and wi ll not be otherwise accessible or usable for search purposes. • Each license plate number on an Alert List wi ll be va lid for one year unless the user removes it before expiration. The system wi ll prompt use rs two weeks prior to expiration and require the user to a ffirmati vely indicate that there eontinues to be an operational requi rement to keep the particular license plate entry on the Alert List active, or be given the option to delete the license plate from the Alert List. Prompts should continue periodically until the expiration date is reached. The system will grant the user an additional week after expirat ion to re new the entry in the Alert List. If the user does not re new, the system shal l remove the license plate number from the Alert List. • All Alert List activity shall be audited to capture user name, date and time, reason code, and use r note associated with the query, as well as license plate number entry, deletion, renewal, and expiration fro m the alert list. • The vendor shall not retain any data entered onto an Alert Li st except as part of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert List. Mobile Device Capabilities • The LPR data service shall fea ture an iOS-compatible mobile appl ication that allows authorized ICE users to: o Query the LPR data service by entering the license plate number, state of registrat ion, reason code, and the ability to add returned positive matches into the Alert List. 2018-ICLI-00035 1535 • o Have quick access and recall of any queries and Alert Lists associated with the user or designated user group. The vendor application wi ll delete any saved data on the mobile device after 60 days, ifnot already deleted manually by the user. o Provide capabilities to share Alert List notifications between ICE users involved in the investigation. The mobile application wi ll conform to all other performance, privacy, and functional requirements identified in the SOW. The vendor shall coordinate with ICE to make sure that the mobile application undergoes the required privacy assessment prior to use. Audit alld Reporting Capabilities • The vendor shall generate an immutable audit log in electronic fo rm that chronicles the fo llowing data: o Identity of the user initiati ng the query or the person on whose behalf the query is initiated, if diffe rent; o Exact query entered, to include license plate number, date limitations, geographic limitations (if applicable), reason code, and any other data selected or input by the user; o Date and time of query; and o Results of the query. • All Alert List activity shall be aud ited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall provide to IC E user audit reports on a quarterly basis and upon request. Audit reports shall contain the audit log information of a given user(s) for the specified period of time. The vendor shall provide the audit log in electron ic form via secure transmission to ICE promptly upon request. The format of the audit log shall allow for ICE to retrieve user activity by user name (or 10), query entered (e.g., particular license plate) and date/time. The exact technical requirements and format for the audit log will be negotiated after contract award. • The vendor shall promptly cooperate with an ICE request to retrieve and provide a copy of the actual records retrieved from the LPR data service in response to a particular query, or any other data relevant to user activity on the vendor system, for purposes of the agency's internal investigations and oversight. • The vendor shall not use audit trai l data fo r any purpose other than those specified and authorized in th is contract. • The vendor is to provide quarterly, or upon request, statistics based on positive hits agai nst the number of requested searches and hit list. • The audit logs specified in this statement of work are records under the Federal Records Act. The vendor shall mai ntain these records on behalf of ICE throughout the life of the contract, but for no more than seven (7) years. The vendor is not authorized to share these records, or the Alert List data, with any outside enti ties incl uding other law enforcement agencies. At the end of the contract, the vendor shall extract, transfer, and load these records (including any still-active Alert List data, if requested by ICE) to another storage medium or location specified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After successful transfer of these records, the vendor shall ensure all copies of the records (incl uding any stil l-active Alert List data) are securely deleted from all networks and storage media under its control or under the contro l of any of its agents or subcontractors. The vendor shall meet the fo llowing Key Performance Parameters (KPPs): 2018-ICLI -00035 1536 1\1ctnc LPR Data Service l lnit of Mcasurc l\1immum Uptime - Unit of measure 100% > 99.0 Operating Schedu le 24/7/365 Scheduled downtime 99.0 Operating Schedule 24171365 Scheduled downtime 99.0% Validated User/Customer Complaints 100% Inspcction >99% Monitored monthly during the Transition In period. Contractor sel fmonitoring and Validated Use r/Customer Complaints 100% inspection Metrics will be reported in CPARS. Less than 5 seconds after submission 95% Monitored monthly during the life of the contract Contractor Selfmonitoring and Vali dated User/Customer Complaints 100% Inspection Metri cs wi ll be reported in CPARS. Performance Indicator 2018-ICLl -00035 1540 4. METHODS OF QUALITY ASS URANCE (QA) SURYE ILLANCE Regardless of the surveil lance method, the COR shall always contact the Contractor's task manager or onsite representati ve when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the CO, shall be responsible for monitoring the Contractor' s performance in meeting a specific performance standardlAQL. Various methods exist to monitor performance. The COR wil l use the surveillance methods listed below in the administration of thi s QASP. a. PER IODIC INSPECTION • Schedul ed quarterly inspection of audit logs or as required b. V AUDATED USER/CUSTOMER COM PLAIN TS The Contractor is expected to establ ish and maintain professional communication between its employees and customers. The primary objective of thi s communication is customer satisfaction. Customer sati sfaction is the most significant external indi cator of the success and effectiveness of all services provided and can be measured through customer complaints. Perfonnanc e management drives the Contractor to be customer focused through initially and internal ly addressing customer complaints and invest igating the issues and/or problems but the customer always has the option of commun icating complaints to the COR, as opposed to the Contractor. Customer complaints, to be considered va lid, must be set forth clearly and in writing the detailed nature of the compla int, must be signed, and must be forwarded to the COR. Customer fee dback may also be obtained either from the resu lts of customer satisfaction surveys or from random customer complaints. • • • Review of identifi ed defic iencies and or complaints made by users of the services Investigate and validate Review of notification of report d iscrepancies c. 100% INSPECTION • • • • Review of LPR Data Service uptime Review of Scheduled Downtime Review Meantime Between Fail ure (MTB F) Review Overall Support Service Availab il ity d. Analysis of Contractor's progress report . The Contractor is req uired to provide a weekly progress report that will be used to communicate the Contractor's status in the Transition phase. e. Performance reporting. Survei llance results will be used as the basis for actions aga inst the Contractor Past Performance Report. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO's actions. 2018-ICLI -00035 1541 5. DOCUMENTI NG PERFORMANCE Documentation must be accurate and thorough. Completeness, currency, and accuracy support both sati sfactory and unsatisfactory perfonnancc a. ACCEPTABLE PERFORMANCE The Government shall document positive performance. All positive performance should be documented by an email to the COR describing the outstanding perfonnance and why it is of value to the Government. This information shall become a part of the supporting documentation for the Contractor Performance Assessment Reporting System (CPARS) and the QASP b. UNACCEPTABLE PERFORMANCE When unacceptable pcrfonnancc occurs, the COR shall infonn the Contractor. This will be in writing unless circumstances necessitate verbal communication. in any case the COR shall document the discussion and place it in the COR file. When the COR determines formal wri tten communication is required, the COR shall prepare a Contract Di screpancy Report (CDR), and present it to the Contractor's representati ve. A CDR template is avai lable upon request to the Contracting Officer. The Contractor wi ll acknowledge recei pt of the CDR in writing. The CD R will spec ify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable perfomlance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to prese nt th is corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to detennine acceptability. Any CDRs will become a part of the supporting documentation for Past Performance. 6. FREQUENCY OF MEASUREMENT Wh ile the Contractor is fully expected to comply with all requirements in the PWS, the Government's assessment of Contractor performance will focus mainly on the objectives listed in the AQL column of the Performance Standards Summary Matrix. The COR wi ll monitor the Contractor's performance to ensure it meets the standards of the contract. Unacceptable perfonnance may result in the Contracting Officer taking any of the fo llowing actions: Require the Contractor to take necessary action to ensure that future perfonnance confonns to contract requirements, reduce the contract price to reflect the reduced value of the services, issue a Contract Discrepancy Report, or require the Contractor to re-pcrfonn the service. In addition, the Contractor 's performance will be recorded annually in the Contractor Perfonnance Assessment Report (CPAR). Signature - Contracting Officer's Representative Signature - Contracting Officer 2018-ICLI -00035 1542 ATrACHMENT 3: TE RMS AND CON DI T IONS CUSTOM CO ADDED TERM S AN D CON DITIONS In the case ofa conflic t between the terms and conditions of the contractor's agreement and the terms and cond itions of this purchase order, all appl icable federa l statutes and regulations shall govern. 52.204-21 BASI C SAFEGUARDING OF COVE RED CONTRACTOR INFORMATION SYSTEM (JUN 2016) (a) Definitions. As used in this clause"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract informat ion. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or del iver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. " Information" means any commun ication or representation of knowledge such as fac ts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Securi ty Systems Instruction (CNSSI) 4009). " Information system" means a discrete set of information resources organized fo r the col lection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or control s that are prescri bed to protect info rmation systems. (b) Safeguarding requirements and procedures. (\) The Contractor shall apply the following basic safeguarding rcquircments and procedures to protect covered contractor infonnat ion systems. Requiremcnts and procedures fo r basic safeguarding of covered contractor informatio n systcms shall include, at a minimum, the following security controls: (i) Limit informa tion system access to authorized users, processes acting on bchalf of authorized users, or devices (including other information systems). (ii) Limit infonnation system access to the types of transact ions and funct ions that authorized users are pennilled (0 execute. (ii i) Verify and control/limit connections to and use of external informat ion systems. (iv) Control infonnation posted or processed on publ icly accessible information systems. (v) Identify information system users, processes acting on behal f of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowi ng access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Infonnation before d isposal or release for reuse. (viii) Limit physical access to organizational infonnation systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases arc available. 2018-ICLI-00035 1543 (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguardi ng requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including th is paragraph (c), in subcontracts under this contract (including subcontracts fo r the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its info rmation system. 52.209-07 INFORMATION REGARDING RESPONS IBILITY MATTERS (JUL 2013) (a) Defi nitions. As used in this provision. "Admini strative proceeding" means a no n-judicial process that is adjudicatory in nature in order to make a detem1ination of fault or liabi lity (e.g., Securities and Exchange Commission Administrative Proceedings, Civi lian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State leve l but only in connection with performance of a Federal contract or grant. It does not include agency actions suc h as contract audits, site visits, corrective plans, or inspection of deliverables. " Fcderal contracts and grants with total value greater than $ 10,000,000" means. (I) The total value of al l current, active contracts and grants, including all priced options; and (2) (2) Thc total value ofa l! currcnt, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). " Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibi lities within a business ent ity (e.g., general manager; plant manager; head ofa division or business segment; and similar positions). (b) The offeror [1 has [ ] does not have current active Federal contracts and grants with total value greater than S I 0,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (F APII S) is current, accurate, and comp lete as of the date of submission of this offer with regard to the fo llowing information: (1) Whether the offeror, and/or any of its principals, has o r has not, within the last fi ve years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a fi nding of fault and liabil ity that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more. (ii i) In an administrative proceeding, a findi ng of fault and liabi lity that rcsu lts in. (A) The payment of a monetary fine or penalty of$5 ,000 or more; or (B) The payment ofa reimbursemcnt, rcstitution, or damages in exccss ofS 100,000. (iv) In a criminal, civil, or administrative procecd ing, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor ifthc proeecding could have led to any of the outcomes specified in paragraphs (c)( I lei), (c)( I )(ii), or (c)( I )(iii) of this provision. 2018-ICLI-00035 1544 (2) [fthe offeror has been involved in the last five years in any of the occurrences listed in (c)(I) of this provision, whether the offeror has provided the requested infonnation with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)( I)(i) through (c)(I)(iv) of this provision in FAPllS as required through maintaining an active registration in the System for Award Management database via https:llwww.acquisi tion.gov(see52.204-7). S2.212-IINSTRUCTIONS TO OFFERORS. COMMERCIAL IT EMS (J AN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisi tion appear in Block [0 of the sol icitation cover sheet (Sf. [449). However, the small business size standard for a concern which submi ts an offer in its own name, but which proposes to furnish an item which it did not itse[fmanufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF [449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show. ([) The sol icitation number; (2) The time specified in the solicitation fo r receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A tcchnical dcscription ofthc itcms bci ng offcrcd in sufficient detail 10 cva[uatc comp[iancc with thc requircments in thc solicitation. This may include productl itcrature, or other documents, if necessary; (5) Tern1s of any express warranty; (6) Price and any discount terms; (7) " Rcmit to" address, if different than mai ling address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete e lectronically); (9) Acknowledgment ofSo[ici tation Amendments; ([ 0) Past performance information, when included as an evaluation fac tor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (II) Irthe offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the tenns and conditions of the sol icitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer finn for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the sol icitation. (d) Product samples. When required by the sol icitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in Ihis solicitation, these samples shall be submitted at no 2018-ICLI-00035 1545 expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward test ing. (e) Multiple offers. Offerors are encouraged to submit mUltiple offers presenting alternative terms and condit ions, including alternative line items (provided that the alternat ive line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitat ion. Each offer submitted will be evaluated separately. (t) Late submissions, modifications, revisions, and withdrawals of offers. (I) Offerors arc responsible for submining offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time speci fi ed in the sol icitation. lfno time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and. (A) lfit was transmitted through an cleetronic commerce method authorized by the sol icitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (8) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this sol icitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to estab lish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, othcr documentary evidence ofreceipt maintai ned by the installation, or oral testimony or statements of Government personnel. (4) If an cmergeney or unanticipated event intelTUpts normal Govcrnment processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the so licitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the firs t work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral so licitations may be withdrawn orally. If the sol icitation authorizes facs imile offers, offers may be withdrawn via facsimile received at any time before the exact time set fo r receipt of offers, subject to the conditions specified in the sol icitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is establ ished and the person signs a receipt for the offer. (g) Contract award (not applicable to Invi tation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct di scussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such 2018-ICLI-00035 1546 action is in the public interest; accept other than the lowest offer; and waive informali ties and minor irregularit ies in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qual ifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right 10 make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availabi lity of requirements documents cited in the sol icitation. (I)(i) Thc GSA Indcx of Fcderal Spccifieations, Standards and Commercialltcm Descriptions, FPMR Part 101-29, and copics of spccifications, standards, and commcrcial itcm descriptions cited in this solicitation may be obtaincd for a fee by submitting a request to. GSA Fcderal Supply Scrvicc Spccifieations Sect ion Suitc 8100 470 East L' Enfant Plaza, SW Washington, DC 20407 Telephonc (202) 619-8925 Facsimile (202) 6 19-8978. (ii) Ifthc Gcncral Serviccs Administration, Dcpartmcnt of Agriculturc, or Departmcnt ofYctcrans Affairs issucd this sol icitation, a single copy of spccifieations, standards, and commercial item descri ptions citcd in this solicitat ion may be obtaincd free of charge by submitting a request to the addressec in paragraph (i)(1 lei) of this provision. Additional copies will bc issucd fo r a fcc. (2) Most unclassified Defense specifications and standards may be downloadcd from the fo llowing ASSIST wcbsites: (i) ASSIST (https:llassist.dla.mil/online/startJ). (ii) Quick Search (http;llguieksearch.dla.mi ID. (ii i) ASS1STdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by. (i) Using the ASSIST Shopping Wizard (https:llassist.dla.millwizardlindex.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (ii i) Ordering from DoDSSP, Building 4, Section 0 , 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their prcparation, publication, or mai ntenance. U) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of$3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" 2018-ICLI-00035 1547 followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (E FT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying al ternative EFT accounts (see subpart 32 . 11) for the same entity. If the Offeror does not have a un ique enti ty identifier, it should contact the enti ty designated at www.sam.gov fo r unique entity identifier establishment directl y to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the enti ty designated at www.sam.gov for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, duri ng performance and through final payment of any contract resulting from this sol icitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracti ng Officer wi ll proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through hllps://www.acquisition.gov. (I) Debriefin g. If a post-award debriefing is given to requesting offerors, the Government shall diselose the following information, if applicable: (I) The agency's evaluation of the significant weak or deficient fac tors in the debriefed offeror' s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commcrcial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable respo nses to relevant quest ions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, appl icable regulations, and other applicable authorities were fo llowed by the agency. (End of provision) S2.212-2EVAL.. UA TION. COMMERCIAL.. ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: I. Technical Approach II. Past Perfonnance II I. Price Technical and past performance , when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option 2018-ICLI-00035 1548 prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A writtcn noticc of award or acceptance of an offer, mailed or otherwise furnishcd to the succcssful offcror within the time for acceptance specified in the offer, shall result in a binding contract without fu rther action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 (NOV 2017) OFFEROR REPRESENTATIONS AND CERTIFICATIONS. COMMERCIAL ITEMS The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electron ically via the System fo r Award Management (SAM) website located at https:llwww.sam.gov/portal. If the Offcror has not completed the annual represcntations and ccrtificatio ns electronically, thc Offeror shall completc only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision. "Econom ically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which arc controlled by, onc or morc womcn who arc citizcns ofthc Unitcd Statcs and who arc economically disadvantaged in accordance with 13 CFR part 127. It automatically quali fies as a women-owned small business eligible under the WOSB Program. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or morc cntitics that control an immcdiate owner of tile offeror. No entity owns or exercises control of the highest level owner. " Immediate owner" means an entity, other than the offeror, that has di rect control of the offeror. Indicators of control include, but are not limited to, one or more of the fo llowing: ownership or interlock ing management, idcntity of intcrests among family mcmbers, shared fac ilitics and cquipment, and the common usc of cmployees. " Inverted domestic corporation", means a fore ign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(bl, appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except. (I) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Ani mals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Gradcs of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricul tural and Forestry Products; (8) PSC 96 10, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. " Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the fi nished product that is to be provided to the Government. If a product is disassembled and reassembled, the place ofreasscmbly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mi neral extraction activities, o il-related activities, or the production of mi litary equipment, as those terms are defined in the Sudan Accountability and Divestment Act of2007 (Pub. L. 110-174). Restricted business operations 2018-ICLI -00035 1549 do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Di vestment Act of2007) conducting the business can demonstrate. (\) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Arc conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providi ng goods or services to marginalized populations of Sudan; (4) Consist of providi ng goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education ; or (6) Have been voluntarily suspended. "'Sensitive technology". (\) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically. (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Docs not include information or inforn1ational materials the export of which the President docs not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 V.S.C. l702(b)(3». "Service-disabled veteran-owned small business concern". (\) Means a small business concern. (i) Not less than 5 1 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 5 1 percent of the stock of which is owned by one or more servicedisabled veterans; and (ii) The management and dai ly business operations of which are controlled by one or more service-disabled veterans or, in the case ofa service-disabled veteran with permanent and severe disabi lity, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 V.S.c. 101(2), with a disability that is servieeconnected, as defined in 38 V.S.c. 101( 16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the ficld of operation in which il is bidding on Government contracts, and qualificd as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that. (\) [s at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by. (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exc lusions set forth at 13 CFR 124. 104(c)(2); and (2) The management and dai ly business operations of which arc controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (I lei) and (ii) of this defin ition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned. (1) Directly by a parent corporation; or (2) Through anothcr subsidiary ofa parent corporation. "Veteran-owned sma ll business concern" means a small business concern. 2018-ICLI-00035 1550 (i) Not less than 5i percent of which is owned by one or more veterans (as defined at 38 U.S.c. iO 1(2» or, in the case of any publicly owned business, not less than 5i percent of the stock of which is owned by one or more veterans; and (2) The management and daiiy business operations of which arc controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that oniy changes its name. The extent of the responsibility of the successor fo r the iiabii ities of the predecessor may vary, depending on State iaw and specific circumstances. "Women-owned business concern" means a concern which is at least 5i percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small busi ness concern" means a small business concern. (i) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern el igible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(I) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically changc the rcpresentations and cert ifications posted on the SAM website. (2) The offeror has completed the annual representat ions and certifications electronically via the SAM website accessed through http://www.acquisition.gov.AfterreviewingtheSAM database information, the offeror verifies by submission of this offcr that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications.Commerciall!ems, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NA ICS code referenced for this solici tation), as of the date of thi s offer and are incorporated in this offer by rcfcrence (sec FAR 4.120 1), except for paragraphs _ _ _ _ _---, (Offeror to identify the appl icable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of th is solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accuratc, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be perfornled in the United States or its outlying areas. Check all that apply. (i) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (e)(l) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disab led veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only irthe offeror represented itsc1fas a sma ll busi ness concern in paragraph (c)(I) of this provision.] The offeror represents, that it 0 is, 0 is not a small disadvantaged business concern as defined in 13 CF R J 24.1002. 2018-ICLI-00035 1551 (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(I) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. (6) WOSB conccrn eligible under thc WOSB Program. [Complete only ifthc offcror rcprescntcd itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represenls that. (i) It 0 iS,D is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its el igibility; and (ii) It 0 is, 0 is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of thi s provision is accurate for each WOSB concern eli gible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern el igible under the WOSB Program and other small busi nesses that are participating in the joint venture: .] Each WOSB concern el igible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itse lf as a WOSB concern e ligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that. (i) It 0 is, 0 is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibi lity; and (ii) It 0 is, 0 is not ajoint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is aecurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that .] Each EDWOSB concern participating in the joint venture shall are participating in the joint venture: submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expectcd to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete on ly if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)( 1) of thi s provision.] The offcror represents that it 0 is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, smal1 business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract priee: __________- : _ - - - - _ : _ (\0) HUBlone small business concern. [Complete only if the offeror represenled itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents, as part of its offer, that. (i) It 0 is, 0 is not a HUBlone small business concern listed, on the date of this representation, on the List of Qualified HUBlone Sma ll Business Concerns maintained by the Small Business Administration, and no material changes in ownership and cOnlrol, principal office, or HUBlone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It 0 is, 0 is not a HUBlone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(IO)(i) of this provision is accurate for each HUBlone small business concern participating in the HUBlone joint venture. [The offeror shall enter the names of each of the HUBlone small business concerns participat ing in the HUBlone joinl venlure: .] Each HUBlone small business concern participating in the HUBlone joint venture shall submit a separate signed copy of the HUBlone representation. (d) Representations required to implement provisions of Executive Order 11246. (\) Previous contracts and compliance. The offeror represents that. 2018-ICLI-00035 1552 (i) It 0 has, 0 has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) [t 0 has, 0 has not filed all required compliance reports. (2) Affirmative Action Compliance. The offcror rcprcscnts that. (i) It 0 has developed and has on file, 0 has not developed and does not have on file, at each establishment, affi rmative action programs required by rules and regulations of the Secretary of Labor (4 [ cfr parts 60- [ and 60-2), 0' (ii) [t 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.c. 1352). (Appl ies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federa[ appropriated funds have been paid or wi ll be paid to any pcrson for infl ucncing or attempting to in !1uence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on hi s or her behalf in connection with the award of any resultant contract. [f any registrants under the Lobbying Di sclosure Act of [995 have made a lobbyi ng contact on bchalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMS Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom paymems of reasonable compensation were made. (f) Suy American Certificate. (Applies only if the clause at Federa[ Acquisition Regulation (FAR) 52.225- 1, Buy American.Supplies, is included in this sol icitation.) (I) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unk nown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as fo reign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially availab[e off-the-she lf(COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" arc defincd in the clause of this solicitation entilled " Buy American. Supplies." (2) Foreign End Products: Line Item No. Country of Origin [List as necessary] (3) The Government will evaluate offcrs in aecordance with the polieies and procedures of FAR Part 25. (g)( [) Buy American. Free Trade Agreements. Israel i Trade Act Cert ificate . (Appl ies only if the clause al FAR 52.225-3, Buy American. Free Trade Agreements. Israeli Trade Act, is included in th is solici tation.) (i) The offcror certifies that each end product, except those listed in paragraph (g)( 1)(ii) or (g)( 1)(iii) of this provision, is a domestic end produet and that for other than COTS items, the offeror has considered componcnts of unknown origin to have been mined, produced, or manufactured outside the United States. The terms " Bahrainian, Moroccan, Oman i, Panamanian, or Peruvian end product," " commercially available off-the-shelf(COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," 2018-ICLI -00035 1553 "Free Trade Agreement country end product," " Israeli end product," and "United States" are defined in the clause of thi s sol icitation entitled " Buy American. Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian cnd products) or Israeli end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. lsrael i Trade Act'": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani , Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (ii i) The offeror shall list those suppl ies that are fore ign end products (other than those listed in paragraph (g)( I)(i i) of this provision) as defined in the clause of this solicitation entitled " Buy American.Free Trade Agreements.lsraeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qua lify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 . (2) Buy American. Free Trade Agreemcnts. Israeli Tradc Act Certificate, Alternatc I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, subst itute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products as defined in the clause of this solicitation entitled " Buy American. Free Trade Agreements. Israel i Trade Act" : Canadian End Products: Line Item No. [List as necessary] (3) Buy American.Free Trade Agreemellts.Israeli Trade Act Certificate, Alternate [I. If Alternate II to the clause at FAR 52.225-3 is incl uded in this solicitation, substitute the fo llowing paragraph (g)( I )(ii) fo r paragraph (g)( I)(i i) of the basic provision: 2018-ICLI-00035 1554 (g)( I)(i i) The offeror certifies that the fo llowing suppl ies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American.Free Trade Agreements. lsraeli Trade Act"; Canadian or Israeli End Products; Line Item No. Country of Origin [List as necessary] (4) Buy American.Free Trade Agreements.Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the followi ng paragraph (g)( I )(ii) for paragraph (g)( I)(i i) of the basic provision; (g)( I )(i i) The offeror cert ifies that thc fo llowing supplies arc Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act"; Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in th is so licitation.) (i) The offeror ccrtifies that each end product, exccpt those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solic itation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that arc not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin [List as necessary] (ii i) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offcrs of U.S.-made or designated country end products wi thout regard to the restrictions of the Buy American statute. The Government will consider for 2018-ICLI-00035 1555 award only offers of U.S.-made or designated country end products unless the Contracting Officer detennines that there are no offers for such products or that the offers for such products are insuffic ient to fulfill the requirements of the so licitation. (h) Certification Rcgardi ng Responsibi lity Mattcrs (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror cert ifies, to the best of its knowledge and belief, that the offeror and/or any of its principals. (I) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ineli gible fo r the award of contracts by any Federal agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtai ning, attempting to obtain, or performing a Federal , state or local governmcnt contract or subcontract; violation of Federal or state antitrust statutes relati ng to the submission of offcrs; or commission of embezzlement, theft, forgery , bribery, fa lsification or destruction of records, making fa lse statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, comm ission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 '·Iave, 0 have not, within a three-year period preceding this offer, bcen notified of any del inquent Federal laxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered del inquent ifboth of the fo llowing criteria apply: (A) The tax liability is fina lly dctcrmined. The liabil ity is finally determi ned ifi t has been assessed. A liability is not finally dctcrmined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finall y determined unti l all judicial appeal rights have been exhausted. (9) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liabi lity when full payment was due and required. A taxpayer is not del inquent in cases where enforced collection action is prccluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax defic iency. This is not a delinquent tax because it is not a final tax liabi lity . Should the taxpayer seek Tax Court review, th is wi ll not be a final tax liabi lity until the taxpayer has exercised all judicial appeal rights. (9) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liabi lity, and the taxpayer has been issued a notice under I.R.C. §6320 entitl ing the taxpayer to request a hearing with the IRS Office of Appeals contcsting the lien fi ling, and to further appeal to the Tax Court if the IRS dctcrmi nes to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportuni ty to contest the liabi lity. Thi s is not a delinquent tax because it is not a final tax liabi lity. Should the taxpayer seek tax court review, this wi ll not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant 10 I. R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make fu ll payment. (D) The taxpayer has fil ed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under II U.s.c. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)( I) any end products being acquired under this solicitati on that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Chi ld Labor, unless excluded at.J (I) Listed end products. 2018-ICLI -00035 1556 Listed End Product Listed Countries or Origin (2) Certification. (If the Contract ing Officer has identified end products and countries of origin in paragraph (i)( 1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(i i) by checking the appropriate block.] o (i) The offeror will not supply any end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in thc corresponding country as listed for that product. o (i i) The offeror may supply an end product listed in paragraph (i)(\) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured chi ld labor was used to mine, produce, or manufacture any such end product furn ished under this contract. On the basis of those efforts, the offcror certifies that it is not aware of any such use of child labor. (i) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisi tion of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture ofthc end products it expects to provide in response to this solicitation is prcdominantly. (\) 0 In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regarding exemptions from thc application of the Scrvice Contract Labor Standards (Certification by the offeror as to its compl iance with respect to the contract also constilUtes its certificat ion as to compl iance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)( \) or (k)(2) appl ies. J 0 (\) Maintcnance, cal ibration, or rcpair of certain cquipment as deseribcd in FAR 22.\003-4(c)(\). The offeror 0 does 0 does not certify that. (i) The items of equipment to be serviced under this contract are used regularly for other than Govcrnmental purposes and arc sold or tradcd by the offeror (or subcontractor in thc casc of an cxempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furn ished at prices which are, or are based on, established catalog or market prices (see FAR 22 .1003-4(c)(2)(ii» for the maintenance, cal ibration, or repair of suc h equipment; and (ii i) Thc compensation (wage and fri nge benefits) plan for all service employecs pcrforming work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. o (2) Certain services as described in FAR 22.1003-4(d)( \). The offeror 0 does 0 does not certify that. (i) The services undcr the contract arc offered and sold rcgularly to non-Governmental customers, and arc provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services wi ll be furnis hed at prices that are, or are based on, establ ished catalog or market prices (sec FAR 22 .1003-4(d)(2)(iii»; (ii i) Each service employee who wi ll perform the services under the contract will spend only a small portion of his or her time (a month ly average of less than 20 percent of the avai lable hours on an annuali zed basis, or less than 20 percent of available hours duri ng the contract period if the contract period is less than a month) servicing the Govcrnmcnt contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees perform ing work under the contract is the same as that used fo r these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)( I) or (k)(2) of this c lause applies. 2018-ICLI-00035 1557 (i) If the offeror does not certify to the condit ions in paragraph (k)( I) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the sol icitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)( I) or (k)(2) of this clause or to contact the Contract ing Officer as required in paragraph (k)(3)(i) of this clause. (1) Taxpayer Identification Number (TIN) (26 U.S.c. 6109.31 U.S.c. 7701). (Not applicable if the offeror is required to provide this infom1atio n to the SAM database to be eligible for award.) (I) All offerors must submit the informat ion required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requirements of31 U.S.C. 7701 (c) and 3325(d), reporting requirements of26 U.S.c. 6041, 6041 A. and 605 OM, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any del inquent amounts arising out of the offeror's relat ionship with the Government (31 U.S.c. 770 l(c )(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (T IN). D TIN: __~__~~~____________ o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or fore ign partnership that docs not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organizat ion. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CF R 1.6049-4; o Other _ _ _ _ _ _ _ _ _ _ _ _ __ (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________ TI N :-c---,-------,------,-,-----,---,-. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracti ng with Inverted Domestic Corporations. (I) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts wi th either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9. IOS-2(b) applies orthe requirement is waived in accordance with the procedures at 9. IOS-4. (2) Representation. The Offeror represents that. (i) It 0 is, 0 is not an inverted domestic corporation; and (ii) [t 0 is, 0 is not a subsidiary of an inverted domestic corporation. 2018-ICLI -00035 1558 (0) Prohibition on contract ing with entities engaging in certain activities or transact ions relat ing to Iran . (I) The offeror shal l e-mail questions concerning sensitive technology to the Department of State at CISA DA 106@state.gov. (2) Representation and Certifications. Unless a waiver is grantcd or an exception applies as providcd in paragraph (0)(3) of this provision, by submission of its offer, the offeror. (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or indi viduals owned or contro lled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activi ties for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds 53,500 with [ran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.c. 1701 et seq.) (see OFAC' s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofae/downloadsftllsdn.pdO. (3) The representation and certificat ion requirements of paragraph (0)(2) of this provision do not apply if. (i) This solicitation includes a trade agreements certification (e.g., 52 .212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be suppl ied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all sol icitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solici tation. (1) The Offeror represents that it 0 has or 0 does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision fo r each participant in the joint venture. (2) [f the Offeror indicates "has" in paragraph (p)( I) of this provision, enter the following information: Immediate owner CAGE code: __________ Immediate owner legal name: __________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: 0 Yes or 0 No. (3) [fthe Offeror indicates ""yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following informa tion: Highest-level owner CAGE code: _________ Highest-level owner legal name: _________ (Do not usc a "'doing business as" name) (q) Representation by Corporations Regarding Del inquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Di vision E of the Consolidated and Further Continuing Appropriations Act, 20 IS (Pub. L. I 13-235), and simi lar provisions, if contained in subsequent appropriations acts, The Government wi ll not enter into a contract with any corporation that. (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liabi lity, where the awarding agency is aware of the unpaid tax liabi lity, unless an agency has considered suspension or debarment of the corporation and made a detern1ination that sllspension or debarment is not necessary to protect the interests of the Government; or 2018-ICLI -00035 1559 (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debannent of the corporation and made a determination that this action is not necessary to protect the interests of the Govern ment. (2) The Offeror represents that. (i) 11 is 0 is not 0 a corporat ion that has any unpaid Federal tax liability that has been assessed, for which all judicial and admini strative 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 liabi lity; and (ii) It is 0 is not 0 a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204- 16, Commercial and Government Entity Code Reporting.) (1) The Offcror represents that it 0 is or 0 is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(l) of this provision, enter the followi ng information for all predecessors that held a Federal contract or grant withi n the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: - - (or mark "Unknown") Predecessor legal name: ____________ (Do not use a "doing business as" name) (s) [Rescrved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduct ion Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1 (k». (I) This representation shall be completed if the Offeror received $7.5 mill ion or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 mi llion in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itse lf or through its immediate owner or highest-leve l owner) 0 does, 0 does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results ofa greenhouse gas inventory, performed in accordance with an accounting standard with publicly avai lable and consistent ly applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest- level owner) 0 does, 0 does not publ icly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publiely accessible website a target 10 reduce absolute emissions or emissions intensity by a specific quantity or percentage. (ii i) A publicly accessible website includes the Offeror's own website or a recogni zed, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked "docs" in paragraphs (t)(2)(i) or (t)(2)(i i) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals arc reported: _ _ _-,--_ _-,--_ (u)( l) In accordance with section 743 of Division E, Title VII , of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. I 13-235) and its successor provisions in subsequent appropriations acts (and as extended in continui ng resol utions), Government agencies arc not permitted to usc appropriated (or otherwise made avai lable) funds fo r contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud , or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2018-ICLI-00035 1560 (2) The prohibition in paragraph (u)(\) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Informati on Nondisclosure Agreement), Form 4414 (Sensiti ve Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nond isclosure of classi fi ed information. (3) Representation. By submission of its offer, the Offeror represents that it wi ll not require its employees or subcontractors to sign or comply wi th internal confidentiality agreements or statements prohibi ting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance ofa Government contract to a designated investigative or law enforcement representative ofa Federal department or agency authorized to receive such infonnat ion (e.g. , agency Office of the Inspector General). FAR 52.212-4CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) This clause is incorporated by reference. The full text of the clause is available at; hllps://www.acquisition.govIFARJ. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEM ENT STATUTES OR EXECUTIVE ORDERS - COMMECIAL ITEMS (NOV 2017) (a) The Contractor shall comp ly with the fo llowing Federal Acquisition Regulation (FA R) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders appl icable to acquisitions of commercial items: [ZJ 52.203- 19 Prohibit ion on Requiring Certain Internal Confident iality Agreements or Statements (JAN 2017) [ZJ 52.209- 10 Prohibition on Contracting with Inverted Domestic Corporations (NOY 2015) [ZJ 52.233-3 Protest After Award (AUG 1996) [ZJ 52.233-4 Appl icable Law fo r Breach of Contract Claim (OCT 2004) (b) The Contractor shall comply with the FAR clauses in thi s paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executi ve orders applicable to acquisitions of commercial items: D 52.203-6 Restrict ions on Subcontractor Sales to the Government (SEPT 2006) o Alternate I (OCT 1995) [ZJ 52.203- 13 Contractor Code of Business Eth ics and Conduct (OCT 2015) D 52.203- 15 Whistlcblower Protections under the American Recovery and Rei nvestment Act of2009 (JUNE 2010) [ZJ 52.204- 10 Reporting Execut ive Compensation and First-Tier Subcontract Awards (OCT 2016) D (Reserved] [ZJ 52.204- 14 Service Contract Reporting Requirements (OCT 2016) D 52.204- 15 Service Contract Reporting Requirements for Indefinite-Del ivery Contracts (OCT 2016) 2018-ICLI -00035 1561 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debannent (OCT 2015) D 52.209-9 Updates of Publicly Available Informat ion Regarding Responsibil ity Matters (JUL 201 3) D (Reserved] D 52.219-3 Notice of Total HUBZone Set-Aside (NaY 20 II) D D Alternate I (Na Y 2011) 52.2 19-4 Notice of Price Evaluation Preference for HUBZone Smal l Business Concerns (OCT 20 14) D Alternate I (JAN 20 II) D (Reserved] D 52.2 19-6 Notice of Total Small Business Set-Aside (NaY 20 II) D o Alternate I (NaY 2011) D Alternate II (Na Y 2011) 52.219-7 Notice of Partial Small Business Set-Aside (JU N 2003) D Alternate I (OCT 1995) D Alternate II (MAR 2004) C8J 52.219-8 Utilizat ion of Small Business Concerns (NaY 20 16) o 52.219-9 Smal l Business Subcontracting Plan (JAN 2017) 0 Alternate I (NaY 2016) 0 Alternate II (NaY 2016) 0 Alternate III (NaY 2016) 0 Alternate IY (NaY 2016) D 52.2 19- 13 Notice ofSel-Aside of Orders (Na Y 20 11) C8J 52.2 19- 14 Limitations on Subcontracting (JAN 2017) D 52.219- 16 Liquidatcd Damages - Subcontracting Plan (JAN 1999) D 52.2 19-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NaY 2011) C8J 52.219-28 Post A ward Small Business Program Rerepresentalion (JUL 2013) o 52.219-29 Notice ofSel-Aside for, or Sole Source Award 10, Econo mically Disadvantaged Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) 2018-ICLI -00035 1562 D 52.219-30 Noticc ofSct-Asidc for, or Solc Sourcc Award to, Women-Owned Small Busincss Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) C8J 52.222-3 Convict Labor (JUN 2003) C8J 52.222- 19 Child Labor - Cooperation with Authorities and Remedies (OCT 2016) C8J 52.222-21 Prohibit ion of Segregated Facilit ies (APR 2015) C8J 52.222-26 Equal Opportunity (SEPT 2016) C8J 52.222-35 Equal Opportunity for Veterans (OCT 2015) C8J 52.222-36 Equal Opportunity for Workers with Di sabilit ies (JU L 201 4) C8J 52.222-37 Employment Reports on Veterans (FEB 2016) C8J 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 20 I0) D 52.222-50 Combating Trafficking in Pcrsons (MAR 2015) D Alternate 1 (MAR 20 15) C8J 52.222-54 Employment Eligibility Verificat ion (OCT 2015) D 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MA Y 2008) D Alternate I (MAY 2008) D 52.223- 11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) D 52.223- 12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Ai r Conditioners (JUN 20 16) D 52.223- 13 Acquisition of EPEAT®- Registered Imaging Equipment (JUNE 2014) D D Alternate I (OCT 2015) 52.223- 14 Acquisi tion of EPEAT®-Rcgistcred Televisions (JUNE 2014) D Alternate 1 (JUNE 2014) D 52.223- 15 Energy Efficiency in Energy-Consuming Products (DEC 2007) D 52.223- 16 Acquisition of EPEAT®- Registered Personal Computer Products (OCT 2015) D Alternate I (JUNE 2014) C8J 52.223- 18 Encouraging Contractor Policies to Ban Tcxt Mcssaging While Driving (AUG 20 11) D 52.223-20 Aerosols (J UN 2016) D 52.223-21 Foams (JUN 20 16) 2018-ICLI -00035 1563 52.224-3 Privacy Training (JAN 2017) D Alternate I (JAN 2017) D 52.225- 1 Buy American - Suppl ies (MAY 2014) o 52.225-3 Buy American - Free Trade Agreements-Israel i Trade Act (MAY 20 14) D Alternate I (MA Y 2014) D Alternate II (MAY 2014) o Alternate JJJ (MAY 2014) [ZJ 52.225-5 Trade Agreements (OCT 2016) [ZJ 52.225- 13 Restrictions on Certain Foreign Purchases (JUN 2008) o 52.225-26 Contractors Perfonning Private Securi ty Functions Outside the United States (OCT D 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) D 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) D 52.232-29 Tenns for Financing ofrurchases of Commercial Items (FEB 2002) D 52.232-30 Installment Payments for Commercial 1tems (JAN 2017) [ZJ 52.232-33 Payment by Electronic Funds Transfcr-System for Award Management (JUL 2013) D 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) o 52.232-36 Paymcnt by Third Party (MA Y 2014) D 52.239- 1 Privacy or Security Safeguards (AUG 1996) D 52.242-5 Payments to Small Business Subcontractors (JAN 20 17) D 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) D 2016) Alternate I (AP R 2003) (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: D 52.222- 17 Nondisplacement of Qualified Workers (MAY 20 14) D 52.222-41 Service Contract Labor Standards (MAY 2014) D 52.222-42 Statement of Equivalent Rates for Federal Hires (MA Y 2014) D 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (MUltiple Year and Option Contracts) (MA Y 2014) 2018-ICLI -00035 1564 D 52.222-44 Fair Labor Standards Act and Scrvice Contract Act- Pricc Adjustment (MA Y 20 14) D 52.222-5 1 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Maintcnance, Calibration, or Rcpair of Certain Equipmcnt- Rcquircments (MAY 2014) D 52.222-53 Exemption from Appl ication of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) D 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) [ZJ 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) D 52.226-6 Promoting Exccss Food Donation to Nonprofit Organizations (MAY 2014) D 52.237- 11 Accepti ng and Di spensing of$l Coi n (SEPT 2008) (d) Compfroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if thi s contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and docs 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 evidencc for examination, audit, or reproduction, unti 13 years after fi nal payment under th is contract or for any shortcr pcriod spccified in FAR Subpart 4.7, Contractor Records Rctcntion, of thc othcr clauscs of this contract. If this contract is completely or partially tenninated, the records relating to the work terminated shall be made avai lable for 3 years after any resulting fina l termination settlement. Records relating to appeals under the disputes clausc or to litigation or the settlement of claims arising under or relating to this contract shall be made available unt il such appeals, litigation, or claims arc finally rcsolvcd. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and rcgardless of form. This does not rcquire the Contractor to create or maintain any record that thc Contractor docs not maintain in the ordinary coursc ofbusincss or pursuant to a provision of law. (e)( l) 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 commcrcial items. Unless otherwise indicated bclow, thc cxtcnt of the flow down shall bc as rcquircd by the clause52.203- 13, Contractor Code of Business Ethics and Conduct (Oct 20 15) (41 U.S.c. 3509). (ii) 52.203-19, Prohibition on Requiring Ccrtain lntcrnal Confidcntial ity Agrecments or Statements (Jan 2017) (section 743 of Di vision E, Tit le VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235) and its successor provisions in subsequent appropriations acts (and as extendcd in continuing resolutions». (iii) 52.219-8, Utilization of Small Business Conccrns (Nov 20 16) (15 U.S.c. 637(d)(2) and (3», in all subcontracts that oITer furthe r subcontracting opportunities. If the subcontract (except subcontracts to small business (i) 2018-ICLI -00035 1565 concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222·17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) ofF AR clause 52.222-17. (v) 52.222·21 , Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222·26, Equal Opportuni ty (Sept 2016) (E.O. 11246). (vii) 52.222·35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.c. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Di sabilities (JuI 2014) (29 U.S.c. 793). (ix) 52.222·37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222·41, Service Contract Labor Standards (May 2014) (41 U.S.c. chapter 67). (xii) _XJA) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.c. chapter 78 and E.O 13627). ~(B) Alternate I (Mar 2015) of52.222-50 (22 U.S.c. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Scrvice Contract Labor Standards to Contracts fo r Maintenance, Calibration, or Repair ofCeTiain Equipment-Requirements (May 20 14) (41 U.S.C. chapter 67). (xiv) 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). (xv) 52.222-54, Employment Eligibility Vcrification (Oct 2015). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 20 15). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13 706 (JAN 20 17) (E.O. 13706). (xx) (A) 52.224-3 , Privacy Training (JAN 2017) (5U.S.C. 552a). (B) Alternate I (JAN 2017) of52.224-3. (xxi) 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). (xx ii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 20 14) (42 U.S.c. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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 52.24764. (2) Whi le not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. FAR 52.217-8 OPTION TO EXTEN D SERVICES The Government may require continued performance of any services wi thin 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 ofperformance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. (End of clause) 2018-ICLI-00035 1566 FAR 52.217-9 OPTION TO E XTEN D TH E TERM OF THE CO NTRACT (a) The Government may extend the term of this contract by wrinen notice to the Contractor within 15 days ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) FAR 52.252-2 C LA USES I.NCORPORATED BY REFERE NCE (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 fu ll text available. Also, the full text of a c lause may be accessed electronically at this address: https:l/www.acgui sition.gov/FARI. FAR 52.232-39 UNENI-' ORCEABIUTY OF UNAUTHOR IZED OBUGATIO NS (JUNE 2013) This clause is incorporated by reference. The full text of the clause is available at: hUps://www.acquisition.govIFARI. 52.232-40 PROVIDING AC CE LERATED PAYMENTS TO SMALL. BUSINESS FAR SUBCONTRACTORS (DEC 2013) This clause is incorporated by reference. The full text of the clause is available at: hnps://www.acquisition.govIFARI. FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVE RTED DOMESTIC CORPORATIONS (NOV 2015) (a) Definitions. As used in this clause" Inverled domestic corporation" means a fo reign incorporated entity that meets the definit ion of an inverted domestic corporation under 6 U.S.C. 395(b), appl ied in accordance with the rules and definitions of6 U.S.c. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned(I) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorgan izes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period ofperfonnance of th is contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fai ls to perform in accordance with the terms and condi tions of the contract as a result of Government action under th is clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes e ither an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer wi thin five business days from the date of the inversion event. FAR 52.237-2 PROTECTION O F GOVERNM ENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984) 2018-ICLI-00035 1567 The Contractor shall use reasonable care to avoid damaging existing bui ldings, equipment, and vegetation on the Government installation. If the Contractor's fa ilure 10 use reasonable care causes damage 10 any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. HSAR 3052.209-70 2006) PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause : Expanded Affiliated Croup means an affil iated group as defined in section I 504(a) of the Internal Revenue Code of 1986 (without regard 10 section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substitut ing 'more than 50 percent' fo r 'at least 80 percent' each place it appears. Foreign Incorporated Emily means any ent ity which is, or but fo r subsection (b) of section 835 of tile Homeland Security Act, 6 V.S.c. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Illverted Domestic C0/"fJOratioll. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related Iransact ions)- (I) The entity completes the direct or indi rect acquisition of substantially all of the properties held directly or indi rectly by a domestic corporation or substantia lly all of the properties constiluting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the enti ty is held(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of hold ing stock in the domestic corporalion; or (ii) [n the case of an acquisition with respect to a domestic partnership, by former partners of the domest ic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantia l business activities in the fore ign country in which or under the law of whic h the entity is created or organized when compared to the total business activities of such expanded affi liated group. 201 8-ICLI -00035 1568 Persoll. domestic. alldforeig" have the meanings given such terms by paragraphs (I), (4), and (5) of section 7701 (a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a fore ign incorporated entity should be treated as an inverted domest ic corporat ion. (I) Certain stock disregarded. For the purpose of treating a forcign incorporated entity as an inverted domestic corporat ion these shall not be taken into account in detennining ownership: (i) Stock held by members of the expanded affiliated group which includes the fore ign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(l) of the Homeland Security Act, 6 USc. 395(b)(\). (2) Plan (Ieemed in certai" cases. lfa foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year pcriod beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) arc met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregartled. The transfer of properties or liabilities (including by contribution or distribution) shall bc disregardcd if such transfers arc part ofa plan a principal purposc of which is to avoid the purposes of this scction. (d) Special rulefol' related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 USc. 395(b) to thc acquisition of a domestic partnership, except as provided in regulations, all domestic partncrships which arc under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partncrship. (e) Treatment of Certain Rights. (I) Certain rights shall be treated as stocks to the extent necessary to refl ect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (ii i) contracts to acquire stock; (iv) convert ible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Sec lion 835. (I) Disclosure. The offeror under this solicitation represents that [Check one]: 2018-ICLI-00035 1569 _ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009 .108-7004, which has not been denied; or _ it is a foreign incorporated ent ity that should be treated as an inverted domestic corporation pursuant to the criteria of(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009 .108-7004 . (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied fo r, shall be attached to the bid or proposal. (End of clause) HSAR 3052.212-70 CONTRACT T ERMS AND CON DITIONS APPLICABLE TO DHS ACQUISITION Of COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply wi th any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the appl icable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. ...x.. 3052.219-72 Evaluation of Primc Contractor Participation in the DH S Mcntor Protege Program. (b) Clauses . ...x..3052.203-70 Instructions for Contractor Di sclosure of Violations . ...x.. 3052.204-71 Contractor Employee Access. Alternate I --L Alternate II ...x.. 3052.205-70 Advertiscment, Publ icizing Awards, and Rcleases . ...x.. 3052.219-70 Small Business Subcontracting Plan Reporting . ...x.. 3052.219-7 1 DHS Mentor Protege Program. l. HSAR Clause 3052.204-7 1 Contractor emp loyee access (SEP 2012), and Alternate I Safeguarding of Sensitive Information (MAR 2015) Sections (a) - (d) Information Technology Security and Privacy Tmining (MAR 2015) II. lOP Privacy and Records Provisions PRI V 1.2: Reporting Suspected Loss ofSensitivc PH PRI V 1.3: Victim Remediation Provision 2018-ICLI -00035 1570 REC REC REC REC REC REC 1.2: 1.3: 1.4: 1.5: 1.6: 1.7: Deli verables are the Property of the U.S. Government Contractor Shall Not Create or Maintain Unautho rized -iRecords Agency Owns Rights to Electronic Information Comply with All Records Management Policies-i No Disposi tion of Documents w ithout Prior Wri tten Consent-i Contractor Must Obtain Approval Prior to Engaging Subcontractors PRIV 1.2: Repo r ting Suspected Loss of Sensitive PII: Contractors must report the suspected loss or compromise ofScnsitive PII to ICE in a timely man ner and cooperate with ICE 's inquiry into the incidcnt and efforts to remcdiate any harm to potential victims. I. The Contractor must develop and include in its security plan (whic h is submittcd to ICE) an intcrnal system by whic h its employees and sub-Contractors are trained to identify and report potential loss or compromise of Sensitive PI!. 2. Contractor must rcpo rt the suspectcd loss or compromisc of Sensitive PH by its employees or sub-Contractors to the ICE Security Operations Center (480-496-6627), the Contracting Officer's Representat ive (CO R), and the Contracting Officer within one (I) hour of the init ial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensiti ve PH by its employees or sub-Contractors. The report must contain the following information: a. Narrative, detailed desc ri ption of the events surrounding the suspected loss/compromise. b. Date, time, and location of the incident. c . Type of informa tion lost or compromised. d. Contractor's assessment of the likelihood that the information was compromiscd or lost and the reasons behind the assessment. e. Names ofperson(s) involved, including victim, Contractor employee/sub-Contractor and any witnesses. f. Cause of the incident and whether the company's security plan was followed or not, and which specific provisions were not fo llowed. g. Actions thai have been or will be taken to minim ize damage and/or m itigate further compromise. h. Recommendations 10 prevenl similar situations in the futu re, including whether the security plan needs to be modified in any way and whether additional training may be required. 4. The Contractor must cooperate with ICE or other government age ncy inquiries into the suspected loss or compromise of Sensitive PI!. 5. At the government's discretion, Contractor employees or sub-Contractor employees may be identified as no longer eligible to access Sensitive PII or to work on that contract based on their actions related to the loss or compromisc of Sensitive PI!. (End of clause) PRIV 1.3: Victim Remcdiation Provision: The Contractor is responsible for notification of victims in the evenl of a loss or compromise of Sensiti ve PII, if any, held by the Contractor, its agents, and Subcontractors, under this contract. The Contractor and ICE wi ll collaborate and agree on the method and content of any notification that may be required to be sent to individuals whose Sensitive PH was lost or compromised. (End of clause) REC 1.2: Dclivcrablcs arc thc Propcrty ofthc U.S. Govcrnmcnt: The Contractor shall treat all deliverables under the contract as the property of the U.S. Government fo r wh ich the Agency shall have unl imited rights to use, dispose of, or disclose such data contained therein. The Contractor shall not retain, usc, sell, or disseminate copies of any del iverable without the expressed pennission of the Contracting Officer or Contracting Officer's Representative. The Contractor shall certify in writing the destruction or return of all Government da ta at the conclusion of the contract or at a time otherwise specified in the contract. The Agency owns the rights to all data/reco rds produced as part of thi s contract. 2018-ICLI-00035 1571 (End of clause) REC 1.3: Contractor Shall Not Create or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or mai ntain any records contai ning any Government Agency data that are not specifically tied to or authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Electronic Information : The Government Agency owns the rights to the query data it inputs into the LEARN database (e.g. Audit Logs, Searches, Hotli st, etc.) Notwithstanding the above, no title to Vigilant 's LEA RN database or software wi ll transfer to ICE in the performance of the contract. (End of clause) REC 1.5: Comply with All Records Management Policies: The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records 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. (End of clause) REC 1.6: No Disposition of Documents without Prior Written Consent: No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing thc alienation or una uthorized destruction ofrccords, including all forms of mutilation. Will fu l and unlawful destruction, damage or alienation ofFedcra l records is subject to the fi nes and pcnalties imposed by 18 USc. 270 1. Records may not be removcd from the legal custody of the Agency or destroyed witho ut rcgard to thc provisions of the Agency records schedules. (End of clause) REC 1.7: Contractor Must Obtain Approval Prior to Engaging Subcontractors: The Contractor is required to obtain the Contract ing Officer's approval prior 10 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 info rmation. (End of clause) ICE Information Governance and Pr ivacy Requirements Clause (JUL 2017) A. Limiting Access to Privacy Act and Other Sensitive Information (1) P/'ivacy Ac( lnJol'malion In accordance with FA R 52.224-1 Privacy Act Notification (APR 1984), and FA R 52.224-2 Privacy Act (A PR 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 DHS system of records notices (SORNs) app licable to this Privacy Act information may be found at www.dhs.gov/privacy. Applicable SORNS of other agenc ies may be accessed through the agencies' websites or by searching FDsys, the Federal Digital System, available at hup:llwww.gpo.gov/fdsys/. SORNs may be updated at any time. (2) P/,ohibition 011 Performing Work Outside a Government FacifitylNetworklEquipmelll The Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or Workplace as a Service (WaaS) if WaaS is authorized by the statement of work Government informa tion shall remain within the confines of authorized Government networks at all times. Except where telework is specifical ly authorized with in this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibi ted from performi ng these tasks at or removi ng Government-furnished informatio n to any other faci lity; and Government information shal l remain withi n the confi nes of authorized Government fac il ities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facil ities regardless oftelework authorizations. 2018-ICLI -00035 1572 (3) Prior Approval Required to Hire Subcontractors The Contractor is required to obtain the Contract ing 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 sensi tive and proprietary information. (4) Separation Checklist/or COllfractor Employees Contractor shall complete a separation checklist before any employee or Subcontractor employee terminates working on the contract. The separation checklist must verify; (I) return of any Government-furnished equipment; (2) return or proper disposal of sensiti ve personally identifiable information (PI I), in paper or electronic fornI, 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 sensitive PI!. In the event of adverse job actions resulting in the dismissal of an emp loyee or Subcontractor employee, the Contractor shall notify the Contracti ng Officer's Representati ve (CO R) within 24 hours. For nomlal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shal l assist the ICE Point of Contact (lCEIPOC), Contracting Officer, or COR with comp leti ng ICE Form 50-005/Contractor Employee Separation Clearance Chec klist by return ing all Governmentfurn ished property including but not limited to computer equipment, media, credentials and passports, smart cards, mobi le devices, PI V cards, calling cards, and keys and terminating access to all user accounts and systems. B. Resen'ed - Deleted in accordance witll clause prescription C. Government Records Training, Ownership, and Management (I) Records Management Trainil1g and Compliance (a) The Contractor shal l provide DH S basic records management training fo r all emp loyees and Subcontractors that have access to sensitive PI I as well as to those involved in the creation, use, dissemination and/or destruction of sensitive PlI . This training wi ll be provided at the outset of the Subcontractor' s/employee 's work on the contract and every year thereafter. This training can be obtained via links on the ICE intranet site or it may be made available through other means (e.g., CD or online). The Contractor shall maintain copies of certificates as a record of compliance and must submit an e-mai l notification annually to the Contracting Officer's Representative verifying that all employees working under this contract have completed the required records managemcnt training. (b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974 . These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (2) Records Creafioll. Ownership. alld Dispositioll (a) The Contractor sha ll 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 data. The Contractor shall certify in writing the destruction or return of all Government data at the conclusion of the contract or at a time otherwise specified in the contract. (b) Except as stated in the Pcrfonnance Work Statcment and, where applicable, the Contractor's Commercial Liccnse Agrecment, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databascs) and all supporting documentation and associated metadata created as part of this contract. All dclivcrab1cs (i neluding all data and records) under the contract arc the property of the U.S. Govcrnment and are considcred fcderal records, for which the Agency shall have unlimited rights to usc, disposc of, or disclose such data contained therein. Thc Contractor must deliver sufficient technical documentation with all data del iverables to permit the agency to use the data. 2018-ICLI-00035 1573 (c) The Contractor shall not retain, use, sell, disseminate, or dispose of any government data/records or deliverables without the express written permission of the Contracting Officer or Contracting Officer's Representat ive. The Agency and its contractors are responsible fo r prevent ing the alienat ion 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. § 270 I. Records may not be removed from the legal custody of the Agency or destroyed wi thout regard to the provisions of the Agency records schedules. D. Data Pri"acy and Oversight (I) Restrictions on Testing or Training Using Real Data Containing PII The use of real data containing sensitive Pll from any source for testing ortraining purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for testing or traini ng whenever feasible. ICE policy requires that any proposal to usc of real data or dc-identified data for IT system testing or training be approved by the ICE Privacy Officer and Chief Information Security Officer (CISO) in advance. In the event performance of the contract requires or necessitates the usc of real data for system-testing or training purposes, the Contractor in coordination with the Contracting Officer or Contracting Officer's Representative and Government program manager shall obtain approval from the ICE Pri vacy Office and ClSO and complete any required documentation. (2) Resen 'ed - Deleted ill accordallce with dause prescription (3) Reqlliremelllto Support Privacy Compliance (a) The Contractor shall support the completion of the Privacy Threshold Analysis (PTA) document when it is required. PT As are triggered by the creation, modification, upgrade, or disposition of an IT system, and must be renewed at least every three years. Upon review of the PTA, the DHS Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modificat ions thereto, are required. The Contractor shall provide adequate support to complete the PIA in a timely manner, and shall ensure that project management plans and schedu les include the PTA, PIA, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DHS, incl udi ng PT As, PIAs, and SORNs, is located on the DH S Privacy Office website (www.dhs.gov/privacy)under"Compliance." DH S Privacy Pol icy Guidance Memorandum 2008-02 sets fort h when a PIA will be required at DHS, and the Privacy Impact Assessment Guidance and Template outline the requirements and format for the PIA . (b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy documentation, the Contractor shall assign or procurc a Pri vacy Lead, to bc listed undcr " Kcy Personnel." The Privacy Lead shall be responsible for providing adequate support to DHS to cnsure DH S can complete any rcquircd PTA, PIA, SORN, or other supporting documcntation to support pri vacy compliance. Thc Pri vacy Lead shall work with pcrsonnel from the program office, the ICE Privacy Officc, the Office of the Chief Information Officcr, and the Records Managcmcnt Branch to ensure that the pri vacy documcntation is kept on schcdule, that the answers to questions in the PIA arc thorough and complete, and that questions asked by the ICE Pri vacy Office and other offices are answered in a timely fashion. The Privacy Lead: • • • • • Must have excellent writing ski lls, the abil ity to explain technology clearly for a nontechnical audience, and the ability to synthesize information from a variety of sources. Must have excellent verbal communication and organizational skills. Must have experience writing PIAs. Ideally the candidate would have experience writi ng PIAs fo r DHS. Must be knowledgeable about the Privacy Act of 1974 and the E-Government Act of 2002. Must be able to work well with others. (c) Ifa Privacy Lead is already in place with the program office and the contract involves IT system builds or substantial changes that may require privacy documentation, the requirement for a separate Private Lead specifically assigned under this contract may be waived provided the Contractor agrees to have the exist ing Privacy Lead coordinate with and support the ICE Pri vacy POC to ensure privacy 2018-ICLI-00035 1574 concerns are proactively reviewed and so ICE can complete any required PTA, PIA, SORN, or other supporting documentat ion to support privacy compliance ifrequired. The Contractor shall work wi th personnel from the program office, the ICE Office ofInformation Governance and Privacy, and the Office of the Chief Information Officer to ensure that the privacy documentation is kept on schedule, that the answers to questions in any privacy documents are thorough and complete, that all records management requirements are met, and that questions asked by the ICE Privacy Office and other offices are answered in a timely fash ion. (End of Clause) 2018-ICLI-00035 1575 Attachment 5: Price Item Description Quantity Unit of Issue Estimated Unit Estimated Fixed Price Per Cost Line Item CLiN 0001 Access to license Plate System (All ICE Users), Base Vear - POP: 12/21/2017 01/31/2018 1.4 • 12 MO 12 MO 8 MO b}(4) CLiN 0002 Access to license Plate System (All ICE Users), Option Vear 1- 02/01/201801/31/2019 CLiN 0003 Access to license Plate System (All ICE Users), Option Vear 2 - 02/01/2019 01/31/2020 CliN 0004 Access to license Plate System (All ICE Users), Option Vear 3 - POP: 02/01/202009/30/2020 Total Additional Pricing Explanation: ·Contract start date wil l be 12/21/2017; however, West billing is systematically 2018-ICLI -00035 1576 Thomson Reuters Response to RFQ 70CDCR 18QOOOOOOOS License Plate Reader Commercial Data Service via Vigilant's LEARN Platform Technical Response - Revision 2 SUBMITTED TO U.S. Department of Homeland Security Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) SUBMITTED TO: f b)(6);(b)(7}(c) SUBMITTAL DATE: December 22, 2017 SUBMITTED BY Thomson Reuters (West Publishing Corporation) "tb::: )(6::: );(:b) :::(7,,:: XC :":)_--,JI CF APMP Senior Proposal Coordinator ~b}(6); (b}(7)(C) Client Relationship Manager Phone: 703- 909{b)~)1 1 Phone: 443-622~ E-m a il : kb)(6);(b)(7}(C) E-m a il : Kb}(6);(b}(7)(C) {~:B~)j THOMSON ':::,:; ;- REUTERS~ Source Selection Sensitive This document includes proprietary information that shall not be duplicated, used, or disclosed outside of DHS ICE-in whole or in pa rtfor any purpose ot her than evaluating this proposal. This information is deemed proprietary because it contains pricing and confident ia l corpo rate information that is of critical value to Thomson Reuters and our partners in a highly competitive market. 2018-ICLI-00035 1577 Contents INTRODUCTION ...................................................................................................... 1 SECTION I - TECHNICAL APPROACH ................................................................ 2 C.4 RESPONSES TO PERFORMANCE REQUIREMENTS ............................................. 2 Data Serv ice Content/Scope ........................................................................................................... 2 User Managelnent and Support. ...................................................................................................... 5 Functional Requ irements ................................................................................................................ 7 Query Capabili ties .................................................................................................................................... 7 Alert List Capabilities ............................................................................................................................ 10 Mobile Device Capabilities .................................................................................................................... 12 Audit and Reporting Capabilities ........................................................................................................... 13 C.S C.6 C.7 C.S IS NOT IDENTIFIEDIINCLUDED IN THE STATEMENT OF WORK .................... 16 PROMOTION OF THE CONTRACT ........................................................................ 17 NEWS RELEASES ...................................................................................................... 17 LICENSE TyPE .......................................................................................................... 17 SECTION II - PAST PERFORMANCE ................................................................. 18 it '.:~·~·: ','::' ., .~. Page i THOMSON REUTERS Thomson Reuters Response to DHS ICE December 2017 2018-ICLI -00035 1578 Introduction Thomson Reuters has a long history of co mmi tment to meeting the in formational needs of the Department of Homeland Security (DHS), incl uding Immi gration and Customs Enforcement (ICE), and we seek to maintain and expand that relationship in responding to the current Request for Quote for access to a License Plate Reader database. Through the combinati on of comprehensive and reliable data, technology. and ex perti se in how public records and related in formation can benefi t government objecti ves, Thomson Reuters, with our partner, Vigi lant Soluti ons, is uniquely positi oned to help ICE meet your agency's di verse chall enges with our subscription services. Based on conversations with ICE personnel about the specific in vesti gati ve needs of ICE, Thomson Reuters can provide access to li cense pl ate reader data via a hyperlink to the LEARN pl atform through the CLEAR pl atform . Providing access to the data through CLEAR provides reassurance to rCE, by virtue of ex isting agreed-upon terms and auditing requirements, per agency mandate. This offer also prov ides access to LPR through Vigilant's LEARN platfoml , which is maintained and supported by Vigi lant. The Thomson Reuters CLEAR team has been success full y supporting DHS' s investi gati ve research needs and initi ati ves since the agency's incepti on. We are proud to support the DHS and look fo rward to continu ing our long-stand ing partnership. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI -00035 1579 Pa ge 1 December 2017 C.4 Responses to Performance Requirements In thi s section of our response, we respond directly to the Perfonnance Requirements in the Statement of Work of th e RFQ. Th e information presented here is considered proprietary and confidential. DATA SERVICE CONTENT/SCOPE We propose access to License Plate Reader (LPR) data via hyperlink from Thomson Reuters CLEAR to Vigilant Solutions' (Vigilant's) LEARN platform. Requirement: The LPR data serv ice shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossess ion companies, and law enforcement agencies. Response: The offered LPR data is collected from various toll roads, parking lot/garages, repossess ion vehicles and law enforcement agencies nationwide. Requirement: The LPR data service shall include substantial unique LPR detection records. Response: Vigilant's database currentl y has hundreds of millions of unique detection records from commercial sources. Bes ides LPR records from commercial sources such as parking garages, tolls and asset recovery vehicles Vigilant also has a large network of local and state law enforcement agencies (LEAs) across the country. Thi s network of LEAs has the ability to share their LPR records with ICE regardless of their LPR hardware provider. All LEA detection records are the intell ectual propert y of the LEA and all retention times and permiss ions on these records are set by those agencies. Vigilant only hosts and maintains those records. Requirement: The LPR data service shall compile LPR records from at least 25 states and 24 of the top thirty (30) most populous metropolitan stati stical areas within the United States to the extent that coll ection of LPR data is authorized by law in those locations. A metropolitan statisti ca l area is defined as: a geographical region with a relatively hi gh population density at its core and close economic ties throu ghout the area as defined by the Office of Management and Budget (OMB) and used by the Census Bureau and other federal govern ment agencies for stati stical purposes. Response: Forty-seven (47) states, the District of Columbia, and Puerto Rico have commercial LPR scan records. (Hawaii , Maine, and Vermont do not. ) A li st of the most populous 50 metropolitan areas in the US with commercial LPR data is provided below and exceeds the minimum requirement by DHS. Additional locations can be provided upon request. Thomson Reuters Response to DHS ICE SOURCE SELECTION SENSITIVE 2018-ICLI-00035 1580 Pa ge 2 December 2017 ~ 2 3 4 5 6 7 8 9 ~ I " sA , D"I ,W"rll ,- <, ,.1 I M; I,FL ,n II -T, R"I\ ; [) :A ,A ' , Mr Kc , ' VA_Nr IrA ,TX k-J A, 99% uptime. With the except ion of scheduled outages, LEARN Hosted LPR Services will be accessible 2417/365 . We agree that downtime shall not eclipse (4) hours in any given month, with the exception of major upgrades or system mi gration s. We agree that the mean time between fai lures (MTBF) will not exceed a mean of 4,000 hours between fai lures. Vigil ant 's average LPR Query Response Time for a Single exact Plate is reliably fa st; however, we cannot guarantee 99% uptime. With the exception of schedul ed outages, LEARN Hosted LPR Services will be accessible 2417/365. We agree that downtime shall not eclipse (4) hours in any given month , with the exception of major upgrades or system mi grations. We agree that the mean time between fai lures (MTBF) will not exceed a mean of 4,000 hours between fai lures. Vigi lant 's average LPR Query Response Time for a Single exact Pl ate is reli ably fast; however, we cannot guarantee rs S "Se~S3S"'O~nc,"so~n.e~r~e'ISSffi noonneeeea"o"'re~g~lSrreerrno~r1XOITnLumnme8SyyTITIU1nmIUe~~" ndboth. This will focus primari ly on password gene rat ion, not th e LEARN platform. The LEARN password creation process will mi rror the ClEAR password creation process in that if a user contacts Thomson Reuters di rectly, he will be directed to the SAC/AOR password administrato r. No crede ntia ls will be generated without DHS approval. Text to send to new users created by you - after initial password creation (also included in attached OFT): Welcome to the newest addition to ClEAR - License Plate Recognition via LEARN You NOW have access to license plate recognition capa bilities with in ClEAR for use as part of an investigation or evaluation . T' Ir . fnllr tho (b)(7)( E) This tempora ry passwo rd must be reset upon log in. If au have LEARN latform assword uestions issues lease contac b)(7)(E) ~) (7 X , or assistance. 2018-ICLI-00035 1638 Relying on CLEAR's collection of public and proprietary records on people, assets, businesses, affiliations and other critical information, in combination with Vigilant's commercial LPR database of more than 6 billion vehicle detections, DHS will now have a potent new solution in CLEAR LPR to augment investigations. license Plate Recognition offers a live gateway of Vigilant commercial license plate data to det ermi ne vehicle locations from within t he LEARN platform . In addition, the search offers an individual vehicle search by license Plate so you can search for more information. RAINING RESOURCES - WEBEX TRAIN ING AVAILABLE oin us for a brief introduction to the LEARN platform. Click on the links below to register and receive an email with a link to the WebEx meeting. Registration is required, but there is no need to register fo r more than one session . The re is a 500 attendee maximum per session; if a listed session is shown as full, please select another session to attend. Dav Friday Friday Frid ay Frid ay Monday Monday Tuesday Tuesday Tuesday Thursday Th ursday Thursday Thursday Friday Friday Friday Friday Date Time (a ll times ETI Registration Required ~ dick link to register 2/9/2018 2/9/2018 2/9/2018 2/9/2018 2/12/2018 2/12/2018 2/13/2018 2/13/2018 2/13/2018 2/15/2018 2/15/2018 2/15/2018 2/15/2018 2/16/2018 2/16/2018 2/16/2018 2/16/2018 8:00 AM 10:00 AM 1:30 PM 3:00 PM 12:00 NOON 3:00 PM 9:00AM 11:00 AM 1:00 PM 8:30AM 10:00 AM 1:30 PM 4:00 PM 8:00AM 10:30 AM 12:30 PM 3:00 PM 2/9/188:00AM 2/9/1810:00AM 2/9/181:30PM 2/9/183:00PM 2/12/1812 NOON 2/12/183:00PM 2/13/189:00AM 2/13/1811:00AM 2/13/181:00PM 2/15/188:30AM 2/15/181O:00AM 2/15/18 1:30PM 2/15/184:00PM 2/16/188:00AM 2/16/18 10:30AM 2/16/18 12:30PM 2/16/183 :00PM Future training - There wi ll be Web Ex's available throughout the month of February, as well as on the 1 st and 3rd Thursday of every month starting March 1 51 a1{b)(7)( E) IThere will also be in person sessions at locations across the country throughout the year. ser Guide: w ser guide will be available by the end of Febru ary. If not received by that time, please email b){6);{b){7){C) or the latest user guide. If you have any additio nal questions, please do not hesitate to contact me. 2 2018-ICLI-00035 1639 l(b)( 6);(b)(7)(C) kb)(6);(b)(7)(C) Frida Februa 9, 2018 6:22 AM b)(6); (b)(7)(C) From: Sent: To: Subject: LEARN access & Training Resources - Make Vital Vehicle Connections To Acce'lerate Your lnvesti ations (b)(6);(b)(7)(C) Signed By: W elcome t o t he new est addit ion t o ClEAR - Lice nse Plat e Recognition via LEARN You NOW have access to license plate recognition capabilities within CLEAR for use as part of an investigation or evaluation. To log in, follow the steps below: b )(7)( E);(b)(5);(b)(7)(C) f lin the current password prompt. LI-e-as-e-c-o-n-t-ac-t-;':b~)("7"')("'E")- - - - - - - - - - - - --, This temporary password must be reset upon login. Enter b)(7)(E) If ou have LEARN latform asswo rd uestions issues I(b)(7)( Efor assistance. Relying on CLEAR's collection of public and proprietary records on people, assets, businesses, affiliations and other critical information, in combination with Vigilant's commercial LPR database of more than 6 billion vehicle detections, DHS will now have a potent new so lution in CLEAR LPR to augment investigations. License Plate Recognition offers a live gateway of Vigilant commercial license plate data to determine vehicle locations from within the LEARN platform. In addition, the search offers an individual vehicle search by License Plate so you can search for more information . TRAINING RESOURCES - WEBEX TRAINING AVAILABLE Join us for a brief introduction to the LEARN platform. Click on the links below to register and receive an email with a link to the Web Ex meeting. Registration is required, but there is no need to register for more than one session. There is an attendee maximum per session; if a listed session is shown as full, please select another session to attend . Please note that due to the number of registrants and sessions, I am unable to provide WebEx support/assistance. Please contact your help desk with any problems connecting to the WebEx. Day Dat e Time (all tim es El) Registration Required - click link to regist er Friday 2/9/2018 2/9/2018 2/9/2018 2/12/2018 2/12/2018 2/13/2018 2/13/2018 10,00 AM UOPM 3,00 PM 2/9/181O,00AM 2/9/18 1,30PM 2/9/183,00 PM 2/12/1812 NOON 2/12/183:00P M 2/13/189:00AM 2/13/1811:00AM Friday Friday Monday Monday Tuesday Tuesday 12:00 NOON 3:00 PM 9:00AM 11:00 AM 1 2018-ICLI-00035 1640 Tuesday Thursday Thursday Thursday Thursday Friday Friday Friday Friday 2/13/2018 2/15/2018 2/15/2018 2/15/2018 2/15/2018 2/16/2018 2/16/2018 2/16/2018 2/16/2018 LOOPM 8:30AM 10:00 AM 1:30 PM 4:00 PM 8:00AM 10:30 AM 12:30 PM 3:00 PM 2/13/18 LOOPM 2/15/188:30AM 2/15/1810:00AM 2/15/181 :30PM 2/15/184:00PM 2/16/188:00AM 2/16/1810:30AM 2/16/1812:30PM 2/16/183:00PM Additional future training - There witt be WebEx's available throughout the month of February, as well as on the 1'1and 3fd Thursday of every month starting March 1'1atl{b)(7)(E) ~here will also be in person sessions at locations across the country throughout the year. User Guide: A user guide will be available by the end of February . If not received by that time, please email l(b)(7)(E) Ifor the latest user guide. If you have any additional questio ns, please do not hesitate to contact us 2 2018-ICLI-00035 1641 at~Lb_)(_7_)(_E_)_ _ _ _ _ _---' U.S. Immigration and Customs Enforcement December 27, 2017 Pri vacy Guidance: Age ncv Access 10 and Usc of License Plate Ih' adcr Data and Tec hnology D ireCf qllestions "bow ,his ~ lIida/lC:/.! It) the ICE OfficI' of IlIjvrmufhJII Gm'emu/lI:e fllld P,.iI'(lc)' (]02· 731-3300). I. PHl'pose lind A uplicuhi lity As pun o f it s criminal and civil law enforcement mi ss ions, U.S. lm l11 igralio n lind Customs Enforcement ( ICE) relics o n a variety of law enforcement lools and techniq ues to ensure public saFety and nationa l security. License plate reader (L PR) dala and techno logy provide an important 1001 to support ICE mission activ ities. To max im ize the usc o f this tool consistent with pri vacy and civil liberties req u irements. this document provides ICE personnel guidance o n the acceptable use of LPR data and technOlogy within the scope o f th eir o ffi cial du ties. T his document serves as interim guidance ulltilihe publ icnt ion orall ICE directive. II. llcfinitions I...I'R Techno logy. /\ system c(llls isting o fa high-speed camera(s) and related equi pmcnt mo un tcd on vc hicles or in fixed locations that automatica lly and witho ut direct hu man conlrol loeates, rocuscs all. and photographs license plales and veh icles that come into range or lhc device. T he system automatica lly converts Ihe d igital photographic imrlges o r license platcs and associated data into a computer-readab le fo rmal. i.e .. a ··read.'· that contains LPR data . I...PR D ahl. Inronnalion derived from LPR techno logy. including but not lim ited 10: ( I ) license p late number; (2) digital image or lhe licen se plate as well as the vchi cle's rnnke and Illodel; (3) state o f reg istration; (4) eamer or < lastname> for the 'Use rna me' . LEARN 5.0: Agency Manager Guide I My Profile I My Agency 2018-I CLI -00035 1667 (b)(7)( E) Agency Management My Agency POLICE ....... •, lEARN • " , _ /' rb)(7)(E) Best Practices: Data retenti on shou ld be set according to agency policy and/or local legislation. In the absence of such, and if indefinite retention is not desired, a best practice is 5 years (1,825 days) to cover statutes of limitations for most Part I Major Crimes. Note that even if an Agency shares to NVLS (see 'Detection Sharing by Agency' that the data still belongs to the Agency and is st ill governed by the Agency's Data Retention Policy. SI P age LEARN 5.0: Agency Manager Guide I Agency Management I My Agency 2018-I CLI-00035 1668 (b)(7)(E) When an Agency Manager chooses to 'Create' another Agency Manager, they will need to include all mandatory fields (Username, Password, Name, Address, City, Zip, Phone, Email). Best Practices: It is common to use am_ or for the Agency Manger 'Username' (Exa mple: am.Johndoe). b)(7)(E) Also, w ithin the 'My Agency' section, the 'Agency Manager' can set a 'Geograph ic Zoning' area. Agency Managers can draw a Agency-limiting zone using a polygon drawing tool. This zone prevents the view of any detections/hits outside of the zone to the Agency Users. This is not required if no geographic restrictions are desired . First, select '[ x I ( urrent Status: Not in Use. Then, se lect 'Draw Geo~Zone' to use the polygon drawing tool. LEARN 5.0: Agency Manager Guide I Agency Management I My Agency 2018-I CLI-00035 1669 b)(7)( E) b)(7)( E) The 'Private Data Subscription Period Dashboard' allows the ability to review your subscription periods of Private Data assigned to your agency. Within this feature, you may view the total Subscription Period remaining and Credits consumed as it relates to Private Data. LEARN 5.0: Agency Manager Guide I Agency Management I My Agency 2018-ICLI-00035 1670 b)(7)( E) Mobile Camera Systems poweE , \) ~ ', ... .. l EAAU / , : ~~ Viewing Mobile Camera Systems As an Agency Manager, you are capable of viewing, creating, editing, and deleting System s for CarDetector· l(b)(7)( E) b)(7)(E) (b)(7)( E) I Traditional kb)(7)( E) page navigation is used in the case of having more than (15) systems within the Agency. (b)(7)(E) b)(7)( E) t b )(7)( E) 81 Page LEARN 5.0: Agency Manager Guide I Agency Management I Mobile Camera Systems 2018-ICLI-00035 1671 Something that is unique and defining is recommended. 'Location' is not a required field, but can be useful when dealing with multiple locations. The 'Setting Profile' allows you choose the default profile or from custom made profiles. You can start with '(OMS Default' profile and alter at a tater time. To de lete a System, simply highlight the desired system se lect 'Delet e'. Yo u will be prompted to confirm . b)(7)(E) b)(7)(E) b)(7)( E) LEARN 5.0: Agency Manager Guide I Agency Management I Mob il e Camera Systems 2018-I CLI -00035 1672 b)(7)( E) Configuring Ca rDetector Mob ile Profile (b)(7)( E) 1Ol Pac::e LEARN 5.0: Agency Manager Guide I Agency Management I Mobile Camera Systems 2018-ICLI-00035 1673 4'{t~t~"JT ~ ( b~ )(7 " )(~E' ) -------------------' (b)(7)(E) 'Alert Condition Matrix' controls conditions that will alert the user. It is composed affour options: 'Plate I', 'Plate 1 and 2', 'Exact Match', and'1 off Match', 'Plate l' matching will only alert the user when there is a match (Detection = Hot-Plate) on the first attempted Optical Character Recognition (OCR). For captured images, we can have multiple scans for character recognition . Thus, we offer 'Plate 1 and 2' matching to allow for multiple OCR attempts on same capture. We have found that having two scans of the image can increase the chance of a match . If there are many misreads associated with similar I characters (Example: 8 vs. B, 0 vs. Q), this feature can be usefuil(b)(7){E) I l(b)(7)(E) 'Exact Match' does exactly as it is labeled. It will alert the user when there is an exact match between the 'Detection' and ' Hot~Plate ' record. If one or more characters do not match, the user will not be alerted. This selection is useful when accuracy is desired in alerts . We offer '1 off Match' when you wish for users to be alerted in the case of the Hot-Plate record being one character different from the Plate read. This can be useful when there is a small Hot-list or when there are a large number of plates that are always one character wrong. For example: A plate is scanned with "A8C123", and the Hot-Plate is "ABC123" . Since the scanned plate was one character off, an alert would still notify the user. In the case of being two characters off, no alert would appear. (b)(7)(E) b)(7)(E) The 'Disable Add Plate Utility' feature is capable of locking the CarOetector Mobile System down from allowing users to add plates from the client. This can effectively prevent any and all hotlists from being installed on the system when combined with User Permissions. Thus, allowing full control over hotlists residing on the CarDetector system and ensuring no alerts are generated Ad Hoc. The 'Ignore Out-ofState Alerts' feature allows for users to only be alerted if a Hot-Plate has a correct State 10 associated with the location of the capture. For example: A Hot-Plate may have the State 'CA', but the GP$ of the capture shows ' NV'. If this feature is selected, no alert will be made . (b)(7)(E) (b)(7)( E) 11 I P ]. Also, it must meet not exceed (40) characters in length. You will see the following notice if the User In/ormation does not meet the requirements. N 26 I P a !: LEARN 5.0: Agency Manager Guide I User Management 1Add New Use r 2018-)CLI-00035 1689 '! (b)(7)(E) lPR System Use If the User wil l be using a l PR (license Plate Recognition) System, we can set the 'LPR System Use', Th e (b)(7)( E) For a 'CDF5 Operator' , they can only use the 'CarDetector Fixed' application, and cannot 'Add Cameras', 'Change System Configurations', 'Add CDFS Client Hot-lists', nor 'Alter Reports or Data Views', For a 'CDFS Admin', they can only use the 'Ca rDetector Fixed' application, but are capable of using all feat ures of the CDFS software. For a 'CDMS Operator', they can on ly use the 'Ca rDetector Mobile' application, and cannot select the 'Setup' menu within (OMS which controls the System Configu ration. For a ' (OMS Admin', they can on ly use the 'CarDetector Mobile' application, but are capable of using all features of the (OMS softwa re. (b)(7)(E) Assign User Ceo-Zone The Agency Manager can 'assign a ' User Geo-Zone' to a specific User by selecting the 'Ass ign Zone' box and creating a po lygon zone. Simi lar to the 'Agency Geograph ic Zoning', this will limit what detections can be seen by the user w ithin LEARN . An examp le case scenario is when a User is assigned a Precinct or District and the User does not desire Agency-Wide hit notices outs id e their Precinct. This is not required is no geographic rest rictions are desired at the user level. LEARN 5.0: Agency Manager Guide I User Management I Add New User 2018-I CLI -00035 1690 (b)(7 )(E) Console Access The Agency Manager can also set 'Console Access' settings that will be applied to the User when they login to LEARN . The 'Dashboards' utility allows for the Viewing and Scheduled Reporting of System statistics. Kb)(7)(E) (b)(7)(E) Befo re a user can print off or export reports from LEARN , they must be given the 'Reporting' feature . b)(7)(E) l(b)(7)( E) 28 I P' a II e LEARN 5.0: Agency Manager Guide I User Management I Add New User 2018-ICLI-00035 1691 b)(7)( E) (b)(7)( E) MAS Access When setting up a LEARN user, the Agency Manager has the option to limit their MAS (Mapping Alert Service) utility. These options are not typically used. The Agency Manager can create a 'MAS Only' account. Once logged into LEARN, the User will only be presented with 'Hot-Ust', 'Hit-Ust', and 'MAS' tabs. This will also remove the ability to login to a CarDetector System. Another way to limit a User's MAS data is to limit how far back in history they can search via the ' Limit History' option. The default is set to ALL, but when set to a specific time period, the User will only be able to query within the limits set. (b)(7)(E) User Pel'missions Detections 4 Agency Managers are able to set the 'Detections' (lPR data scan access) and limit the View of detections available. You can think of detections as a data pool of scans. You have your 'User' pool, 19 LEARN 5.0: Agency Manager Guide I User Management I Add New User 2018-I CLI -00035 1692 I P -a !: '! 4'{t~t~"JT 'Agency' Pool, 'Private Data' Pool, and 'Shared' Pool. All users have the ability to see and edit their own scans (aka User pool) and the scans from other Users within their Agency (aka Agency pool). We can limit this ability by unchecking the option to View the Agency scans or unchecking their scans. More common, we uncheck the ability to 'Edit' the Agency scans or their own scans. If ' Private Data' access is given to the Agency, the Agency Manager has the ability to limit the view. For example, an Agency may want to have Detectives use Private data, but Patro l Officers may only be concerned with Hot~Ust info rmation. Thus, you can alter based upon the type of user. Please talk with your Sales Associate for more information on 'Private Data' access. Lastly, as described above, Agencies can 'Share' data between other Agencies (see 'Detection Sharing by Agency) . Once an Agency has shared their Detection data, each User will need to be setup to receive this data within their User Permissions . The Agency Manager can 'Modify' (Add) individual Agencies or ALL Agencies. Likewise, they can be removed as need. The Agency Manager also has the ability to 'Hide Detection tab' from the user in the case of a 'MAS Only' user. b)(7)(E) User Permissions - Hits Agency Managers are able to set the 'Hits' (Hot-List - Detection matches) and limit the View of hits available. You can think of hits as a data pool where detections and hot-list intersect. You have your 'User' pool, 'Agency' Pool, and 'Shared' Pool. These data pools are based upon the Hot-List access. We li mit the hits within Hit Views by limiting the Hot-List pool that we have access to. We can limit this ability by unchecking the option to 'View' the User, Agency, or Shared Hot-Lists. Like with detections, the Agency Manager is able to Modify/Remove Hot-lists shared by Agencies. The Agency' Manager also has the ability to contro l the Alerts received, by setting the 'Get Alerts' option . There are a total of (4) alerts available TAS (Target Alert System), E-mail, Mobile Companion, and Mobile Hit-Hunter. These (4) alerts can be turned on and off for a User Hotlist, an Agency Hotlist, or a Shared Hot-list. When selecting 'Shared' data, the Agency Manager will want to se lect from their list of available shared Agencies. LEARN 5.0: Agency Manager Guide I User Management I Add New User 2018-I CLI-00035 1693 b)(7)( E) System Users are able to configure their 'Alert Management' options if allowed by their Agency Manager likewise • Agency Managers can set the Alert Management by selecting 'Configure' There are b)(7)(E) b)(7)(E) b)(7)( E) 31 I f' .. LEARN 5.0: Agency Manager Guide I User Management I Add New User 2018-ICLI-00035 1694 ~ e b)(7)(E) b)(7)(E) (b)(7)(E) The final section for 'Alert Management' is the option to filter by 'Geographic loning' . This allows use rs to define t he exact perimeter that they will be notified for.~b){7)( E) , , , c , ' ft ,. 32 I P