◆ SpookStack

_Srerat the following clause may be applicable in the future. If this clause applies to a specific task, the Statement of Work (SOW) for that task will identify the essential personnel. If essential personnel are NOT identified in the SOW, this clause does not apply. (a) This contract has been designated as essential for continuation of a critical operational function of the Federal Bureau of Investigation (FBI). Because performance of this contract 1s critical, the government and the contractor have reached this special agreement to take specific actions in the event of an emergency, such as nuclear, biological, chemical, or radiological attack, natural disaster, or health emergency, such as a pandemic. The portions of this contract that have been identified as essential contractor services are identified on the attachment to this clause. (b) The contractor agrees, notwithstanding potential excusable delays created by the event, to make best efforts to continue essential operations under the contract during an emergency or other event designated by the FBI and: 1) Cooperate with FBI actions to protect individuals (such as special protective gear, inoculations, or relocation); 2) Take other necessary actions as directed by the FBI during an emergency ora situation that may disrupt normal operations, 3) Ensure critical personnel are identified within 30 days of award or contract designation as critical; 4) Obtain commitments from critical personnel to participate as directed by the FBI. {c) The government agrees to: 1) Notify the contractor that it is invoking this clause; 2) Utilize the authority of this clause only in emergency circumstances watranting its invocation; and 3) As appropriate, consider contractor's request for equitable adjustment based on the provision of emergency services at the conclusion of actions taken pursuant to this clause. (d) Equitable adjustment. The contractor must assert a claim for equitable adjustment within sixty (60) days of conclusion of actions taken pursuant to this clause, or within time specified by the Changes clause, if already included in the contract, whichever is earlier. The government agrees to negotiate an equitable adjustment to this contact at the conclusion of actions taken pursuant to this contingency plan in the event there is a cost impact. A failure of the parties to agree on the equitable adjustment will be considered to be a dispute in accordance with the “Disputes” clause of this contract. (e} The contractor shall complete a written plan within 30 days after award of this contract (or, in the case of modification, within 30 days of incorporation into the contract of this clause), for continuing the performance of essential contractor services identified in the attachment to this clause. 1) The plan shall identify provisions made for the acquisition of necessary personnel and resources for continuity of operations up to 30 days or until normal operation can resume. 2) The plan must address at a minimum: i. Challenges associated with maintaining essential services during an extended event, such as a pandemic that occurs in repeated waves; 11. The time lapse associated with the initiation of the acquisition of necessary replacement personnel and resources and their actual availability on-site; iii. The resources, processes and requirements for identification, training and preparedness of personnel who are capable of relocating to alternate spaces or performing work at home; AP-57 SECRET. Page 31 of 54