FBI_FY22_SME_Support_RFP_08MAR2022_Amendment 1.pdf

UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF

INVESTIGATION

Subject Matter Expertise (SME) Support Services

REQUEST FOR PROPOSAL NUMBER

15F067-22-R-0000048

This is a solicitation prepared in accordance with the format in FAR Part 15, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested. Interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this acquisition. No partial proposals will be considered. No partial award will be made. Multiple awards are anticipated. This is not a solicitation for a personal services contract, this is a non-personal services solicitation.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-95.

The Schedule A Solicitation/Contract Form

The Offeror shall include one executed SF-33 (Attachment A).

B Supplies or services and prices/costs The attached Statement of Work (SOW) (Attachment B) provides a detailed description of all services required under this RFP.

Offerors shall submit pricing only in Volume IV.

Contract Type and Guaranteed Minimums and Maximum This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract per FAR 16.504. The maximum dollar amount the government may order under this contract is $100,000,000. The guaranteed minimum is a one-time award amount of $1,000 during the life of the contract which includes all option years, if exercised. The minimum amount can only be claimed at the end of the contract period if the Contractor has not been awarded a task order during the IDIQ period of performance and has submitted a request for final minimum payment.

Task orders will be Labor Hour (LH) contracts for labor and surge support CLINs and Cost (no fee) for travel/ODCs.

52.216-18 Ordering (Aug) (Tailored)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the Procuring Contracting Officer. Such orders may be issued from award through 30 June 2027.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when the Contracting Officer:

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(e) Task Orders shall be prepared in accordance with the attached statement of work.

Task Order Award Unless otherwise stated in an individual notice of task or delivery order, orders will be awarded based upon two evaluation factors: 1) Technical with Key Personnel Resumes and 2) estimated cost or price.

Unless otherwise stated in an individual notice of task or delivery order, technical factors will receive paramount consideration in the evaluation. When two or more Offerors are determined to be approximately technically equal, cost will become a significant factor in selecting the Task Order Awardee. In any event, the Government reserves the right to make an award to the best advantage of the Government, cost and other factors considered.

C Description/specifications/Statement of Work The Contractor shall utilize the attached SOW (Attachment B) for proposal purposes.

D Packaging and Marking No physical deliveries are anticipated.

E Inspection and acceptance 52.246-6 Inspection- Time-and-Material and Labor-Hour Deliveries and Performance

F Deliveries or performance Place of Performance

The primary place of performance will be at FBI and DOJ facilities in the Washington, D.C. metropolitan area to include FBI facilities in the FBI Academy, Quantico, Virginia, Wright Patterson Air Force Base, Dayton, Ohio, South Carolina Field Office, and Los Angeles Field Office. Work may be performed on a case-by-case basis at other government facilities.

Deliverables Contractor shall submit all deliverables to the Contracting Officer’s Representative (COR) and coordinate with the Contracting Officer (CO) and Contract Specialist (CS). The COR will provide written notification of acceptance or rejection of all deliverables within ten (10) calendar days of the scheduled delivery date or actual delivery date, whichever is later. In the event of absence of written notification of the Government’s acceptance or rejection within ten (10) calendar days, it is the responsibility of the Contractor to confirm receipt and acceptance of the deliverable(s). All rejection notifications will include an enumeration and explanation of the specific deficiencies causing the rejection. If requested by either the Contractor or FBI, a meeting will occur to discuss the deliverable in detail.

The Contractor shall be responsible for providing all deliverables identified in the SOW (Attachment B).

Performance This contract incorporates the following clauses by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

52.242-15 Stop-Work Order

G Contract Administration Data Contracting Officer (CO)

The CO is the appointed authority to bind the Government to the extent of the authority delegated.

Direction that will modify the scope, schedule, terms and conditions, funding, or any other action that may modify the order as originally entered with the FBI must be given only by the CO. All Task Order related matters shall be addressed to the attention of the CO throughout the life of the Task Order.

Written communications shall refer to the Task Order and shall be mailed to the CO at the below address unless otherwise instructed.

This contract shall be administered by the Contracting Officer (CO) identified below:

Jerry Varnell, Supervisory Contracting Officer Professional Services Acquisitions Unit (PSAU) Redstone Arsenal, AL Email: jdvarnell@fbi.gov

Contract Specialist The Contract Specialist for this contract are:

Q. Chynell Gray Professional Services Acquisitions Unit (PSAU)

Email: qcgray@fbi.gov

Tabitha Williams Professional Services Acquisition Unit (PSAU)

Email: tlwilliams8@fbi.gov

Contracting Officer’s Representative (COR) In accordance with JAR 2852.201-70 Contracting Officer’s Representative (COR) (JAN 1985)

The COR is authorized to:

a) Act as liaison and to coordinate Contractor / Government activities;

b) Arrange for and coordinate the use of Government resources (personnel, space, documents, etc.);

c) Provide technical guidance in the performance of the contract; and

d) Receive, review, and approve (but not reject or deny) progress reports, selected invoices and final reports or other functions of a technical nature. The authority to reject performance and deny associated invoices is expressly reserved for the CO.

The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract;

providing contract administrative direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the Scope of Work; evaluating performance; and certifying all invoices for acceptance of the services furnished for payment.

The COR does NOT have the authority and may NOT issue any technical direction which:

a) Constitutes an assignment of work outside the general scope of this effort;

b) Constitutes a change as defined in the “Changes” clause;

c) In any way causes an increase or decrease in the cost or the time required for performance;

d) Changes any of the terms, conditions, or other requirements of this effort; and

e) Suspends or terminates any portion of this effort.

The CORs do NOT have the authority to commit government funds.

No oral statement of any person, Government or contractor, shall modify or otherwise affect the terms, conditions, or specifications stated in this contract. All modifications of the contract must be made in writing by the CO.

The CORs for this contract are: To be determined

Invoicing The Federal Bureau of Investigation (FBI) has transitioned its invoice payment processing operations to the Invoice Processing Platform (IPP). This is executed as part of a broader effort to meet compliance with the Office of Management and Budget’s 2018 electronic invoicing mandate.

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL).

IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. To learn more about IPP, please visit IPP.gov.

To prepare for this transition, please review the following timeline and actions:

Upon receipt of this notification

• Request an IPP user account from your company’s IPP administrator if your company is registered in IPP but you do not already have an account

• Send the name of a POC who will act as your company’s IPP administrator to the FBI if your company is not registered in IPP.

• Review IPP training and help materials

Obtaining Access to IPP (Registered Vendors) If your company is already registered in IPP, you will not be required to re-register. Please contact your organization’s IPP account administrator so that he/she may add you as an additional user to your company’s vendor profile.

Obtaining Access to IPP (Unregistered Vendors) If your company is not already registered in IPP, you will need to provide the FBI with a point of contact to serve as your IPP administrator. This individual will be responsible for initial account registration as well as creating and managing your company’s IPP users and permissions. Once the requested point of contact’s information has been received, the FBI will submit a request to begin the enrollment process.

The POC will receive two emails from IPP Customer Support:

• The first email contains the initial administrative IPP User ID

• The second email, sent within 24 hours of receipt of the first email, contains a temporary password.

• You must log in with the temporary password within 30 days

Registration is complete when the initial administrative user logs into the IPP web site with the User ID and password provided and accepts the rules of behavior. Additional user accounts, including administrators, can be created after initial login.

Until further notice, point of contact information pertaining to who will serve as your company’s IPP administrator should be forwarded to Anne Hyde (abhyde@fbi.gov). Please include the following contact information:

• Full name

• Email address

• Phone number

• Title

Training Vendor training materials, including a first-time login tutorial, are available on the IPP.gov website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a great opportunity to learn the basics of the system. Individuals within your company responsible for submitting invoices should review these materials upon receipt of this notification.

Additional Support Phone support for IPP is available Monday through Friday from 8:00 am to 6:00 pm ET: (866) 973-3131.

The IPP Customer Support team is available during this time to provide user assistance and to answer any questions related to the IPP application. Questions about the IPP application can also be emailed to IPPCustomerSupport@fiscal.treasury.gov.

• For answers to frequently asked questions, visit the Vendor FAQ page on the IPP.gov web site.

• For contract-specific questions, please contact your contracting officer at the number provided in your contract.

Small Business Accelerated Payment The Contractor must indicate his business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-11-32, “Accelerating Payments to Small Businesses for Goods and Services,” dated 10/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days.

H Special Contract Requirements Contractor Certification of Compliance with Federal Tax Requirements

By submitting a response to a solicitation or accepting a contract award, the contractor certifies that, to the best of its knowledge and belief, the contractor has filed all Federal Tax Returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal

Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service (IRS) and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

Inverted Domestic Corporation Section 743(a) of Division D of the Omnibus Appropriations Act 2009, prohibits the Federal Bureau of Investigation (FBI) from entering into any contract with any foreign incorporated entity which is treated as an inverted domestic corporation under Section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. § 395(b)) or any subsidiary of such entity. This prohibition does not apply to contracts entered before March 11, 2009, or to any task orders issued pursuant to such contracts. The Attorney General shall waive prohibitions in the interest of national security.

The Contractor under this solicitation warrants that:

___it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. §395 (b);

___it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395 (b), but it has submitted a request for waiver or plans to submit a request for waiver.

A copy of the approved waiver, if a waiver has been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. The Contractor warrants that is at any time after award it discovers it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395 (b), and waiver was not obtained, the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer. The Government may terminate the contract at no cost to the Government.

Prohibition from procuring

Effective August 13, 2019, the USG agencies will be prohibited from procuring “any equipment, system or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or enter into a contract (or extend or renew a contract) with an entity that uses any equipment, systems, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system….The term ‘covered telecommunications equipment or services’ means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (B) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities), unless a waiver is obtained in accordance with applicable regulations.

Security Requirements/Clearances Performance under the master contract and task orders requires each SME to have a Top Secret Clearance with SCI eligibility at time of proposal submission, unless otherwise specified in the task order requests. The FBI reserves the right to revoke access to information, facilities, or property where such access is no longer consistent with the FBI’s mission and responsibilities. Knowing, willful, or negligent disclosure of FBI information to unauthorized persons, without prior written FBI approval, may subject the violator to appropriate penalties and sanctions under the law.

Work or tasking of a CLASSIFIED nature shall be performed at an accredited contractor or government facility or other location in accordance with security protocol as specified by the government security officer.

All contract personnel shall sign a Non-Disclosure Agreement.

Classified Contract Special Security Requirement The FBI has determined that performance of this effort requires that the Contractor have access to classified National Security Information (herein known as classified information). Classified information is Government information which requires protection in accordance with Executive Order 12356, Classified National Security Information, and supplementing directives. Executive Order 13292, dated 28 March 2003, “Further Amendment to Executive Order 12356, as amended, “Classified National Security Information” and implementation directives, provides principles and procedures for the proper classification and declassification of material. These principles and procedures are applicable to classified documents or materials generated by the contractor in performance of this contract.

This clause applies to the extent that this contract involves access to information classified (“Secret” and/or “Top Secret”).

The contractor shall comply with:

(1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M)

(2) Any revisions to that manual, notice of which has been furnished to the contractor.

The Contractor shall abide by the requirements set forth in the DD Form 254 and the National Industrial Security Program Operating Manual (NISPOM), DoD 5200.22-M) for the protection of classified information at its cleared facility, if applicable, as directed by the DSS. If the Contractor has access to classified information at a FBI or other Government facility, it shall abide by the requirements set by the agency.

No classified document or material provided by the FBI, or generated by the contractor pursuant to the contract, may be downgraded or declassified unless authorized in writing by the CO.

The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual shall interface with the FBI Security Office on all security matters, to include physical, personnel and protection of all Government information and data accessed by the Contractor.

Contractor personnel will require access to classified information and have access to classified areas.

Contractor personnel shall possess at least an active and transferable Government Secret clearance at the time of proposal submission. Contractors who will have access to FBI facilities, systems or data shall possess an active and transferable Top Secret clearance at the time of proposal submission. The Government reserves the right to waive this requirement for any portion of the work that deals with technologies or data that is in the public domain. Contractor personnel assigned to this project shall be subject to routine criminal and credit checks by the FBI.

Contractor personnel shall be subject to counterintelligence focused polygraph examinations at the Government's discretion. The polygraph examinations may be required prior to acceptance or at any time during the task order, without notice.

The contractor shall maintain an overall security program in accordance with the requirements of the NISP. All automated information systems utilized to process FBI information will be operated in accordance with the requirements of the NISPOM, NISPOM Supplement, dated February 1995, DCID 6/3 and/or FBI certification and accreditation policies and procedures, as appropriate. Revisions to these documents, when published, will be provided to the contractor and will become a part hereof upon such issuance.

If subsequent to the date of this contract, the security classification or security requirements under this contract are caused to be changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

The contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph, but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

The contractor is obligated to comply with all relevant clauses and provisions incorporated into this contract and with the Contractor NonDisclosure Agreement, and as referenced therein, the NISPOM, dated January 1995, and all applicable FBI security policies and procedures, including the DCIDs. As applicable, the contractor shall maintain a security program that meets the requirements of these documents.

Security requirements are a material conduction of this contract. This contract shall be subject to immediate termination for default, without the requirement for a 10-day cure notice, when it has been determined by the CO that a failure to fully comply with the security requirements of this contract resulted from the willful misconduct or lack of good faith on the part of any one of the Contractor’s directors or officers, or on the part of any of the managers, superintendents, or equivalents of the contractor who have supervision or direction of:

a. All or substantially all of the contractor’s business, or

b. All or substantially all of the contractor’s operations at any one plant or separate location in which this contract is being performed, or

c. A separate and complete major industrial operation in connection with the performance of this contract.

When deficiencies in the contractor’s security program are noted which do not warrant immediate default, the contractor shall be provided a written notice of the deficiencies and be given a period of 90 days in which to take corrective action. If the contractor fails to take the necessary corrective action, the CO may terminate the whole or any part of this contract, for default. The contractor shall maintain and administer, in accordance with all relevant clauses and provisions set forth or incorporated into this contract, a security program that meets the requirements of these documents.

Clauses for Contracts Involving Access to Classified Information The Government intends to secure services or equipment from firms which are not deemed to be an acquisition risk. The Government reserves the right to contract with such Offerors under appropriate arrangements, when it determines that such contract will be in the best interest of the Government.

Accordingly, all Offerors responding to this proposal or initiating performance of a contract are required to answer the acquisition risk questions located in Section K. All answers are to be reflective of the parent and subsidiary levels of an organization. Offerors are also required to request, collect, and forward to the Government answers to these acquisition risk questions from all subcontractors undertaking classified work under the Offeror's direction and control. Offerors are responsible for the thoroughness and completeness of each subcontractor's submission. Responses should specify, where necessary, the identity, nature, degree, and impact of any Foreign Ownership, Control, or Influence (FOCI) on their organization or activities, or the organization or activities of a subcontractor.

Additionally, a Key Management Personnel Listing (KMPL) must be submitted for each entity for which acquisition risk information is required. The KMPL must identify senior management by full legal name, position, social security number, date/place of birth, and citizenship status.

The Offeror shall, in any case in which it believes that foreign influence exists or is being sought over its affairs, or the affairs of any subcontractor, promptly notify the Contracting Officer's Security Representative of all pertinent facts.

The Selected Offeror shall promptly disclose to the Contracting Officer's Security Representative any information pertaining to any interest of a FOCI nature in the Selected Offeror or subcontractor that has developed at any time during the Selected Offeror's duration or has subsequently come to the Selected Offeror's attention. Written notification to the Contracting Officer is required of the Selected Offeror or any subcontractor whenever there is a change in response to any of the acquisition risk questions.

The Offeror is responsible for initiating the submission of the required risk acquisition information and KMPL for all subcontractors undertaking classified work during the entire period of performance of the contract. Failure to comply shall be cause for default under the Default Clause of this contract.

In Section K, Attachments K-1 and K-2, Offerors shall complete the Acquisition Risk Questions and Key Management Personnel Listing (KMPL) for the prime contractor and all proposed subcontractors.

Provision of false information shall be cause for default under the Default Clause of this contract.

The information in Section K regarding Key Management Personnel, which may identify U.S. persons, is being requested pursuant to the National Security Act of 1947, as amended, and Director of Central Intelligence Directive 7/6, Community Acquisition Risk Center, or superseding Acts or Directives. The FBI will use this information to conduct the acquisition risk determination and may share the information internally and externally with members of the Intelligence Community and other U.S. Government entities, if necessary, consistent with appropriate routine uses for its Central Records System (CRS), Justice/FBI-002, last published in full in the Federal Register on February 20, 1998 (63 Fed. Reg. 8671), or any updates thereto. In the absence of proof of death of any of the Key Management Personnel, their consent, or an overriding public interest, the information will not otherwise be disseminated except pursuant to the routine uses for the CRS.

The Government reserves the right to prohibit individuals who are not U.S. citizens from all or certain aspects of the work to be performed under this Contract.

Foreign Ownership, Control, or Influence (FOCI) - For purposes of this clause, a U.S. company is considered under FOCI whenever a foreign interest has the power, direct or indirect, and whether or not exercisable through the ownership of the U.S. company's securities, by contractual arrangements or other means, to direct or decide matters affecting the management or operations of that company.

Changed conditions, such as change in ownership, indebtedness, or the foreign intelligence threat, may justify certain adjustments to the security terms under which a company is operating, or, alternatively, that different acquisition risk mitigation measures be employed. If a changed condition is of sufficient significance, it might also result in a determination that a company is no longer considered to be an acquisition risk. There is a continuing obligation of the Selected Offeror to advise the Government of such changed conditions. Failure to abide by this obligation shall be cause for default under the Default Clause of this contract.

Factors: The following factors will be used as the basis for making an acquisition risk determination. If the Offeror, or its proposed subcontractors, meet any of the following factors, they must identify themselves as a potential FOCI company and submit themselves for a Government acquisition risk evaluation and assessment:

(1) Ownership or beneficial ownership, direct or indirect, of 5 percent or more of the Offeror's company's voting securities by a foreign person.

(2) Ownership or beneficial ownership, direct or indirect, of 25 percent or more of any class of the Offeror's company's non- voting securities by a foreign person.

(3) Management positions, such as directors, officers, or executive personnel of the Offeror's company held by non-U.S. citizens.

(4) Foreign person power, direct or indirect, to control the election, appointment, or tenure of directors, officers, or executive personnel of the Offeror's company or other decisions or activities of the Offeror's company.

(5) Contracts, agreements, understandings, or arrangements between the Offeror's company and a foreign person.

(6) Loan arrangements between the Offeror's company and a foreign person if the Offeror's company's (the borrower) overall debt to equity ratio is 40:60 or greater; or financial obligations that are subject to the ability of a foreign person to demand repayment.

(7) Annual total revenues or net income in excess of 5 percent from a single foreign person or in excess of 30 percent from foreign persons in the aggregate.

(8) Ten percent or more of any class of the Offeror's voting securities held in "nominee shares", in "street names", or in some other method that does not disclose the beneficial ownership of equitable title.

(9) Interlocking directors with foreign persons and any officer or management official of the Offeror's company who is also employed by a foreign person.

(10) Any other factor that indicates or demonstrates a capability on the part of foreign persons to control or influence the operations or management of the Offeror's company.

(11) Ownership of 10 percent or more of any foreign interest.

Every effort must be made to ensure that supplies are provided and integrated and services are performed using sound security components, practices, and procedures. Acquisition of supplies or services from concerns under Foreign Ownership, Control, or Influence (FOCI) or of supplies developed, manufactured, maintained, or modified by concerns under FOCI (any or all of which shall be referred to herein as "Use of FOCI source") is of serious concern and must be approved prior to contract award and evaluated during contract performance. Approval decisions will be made on a case by case basis after the source or technology has been identified by the Offeror and subjected to a risk assessment.

Any Offeror responding to this Request for Proposal (RFP), Request for Quotation (RFQ), or Sealed Bid acknowledges the Government's requirements to secure services or equipment from firms which are not an acquisition risk; are not under Foreign Ownership, Control, or Influence (FOCI); or where any FOCI, in the opinion of the Government, adversely impacts on National Security or security requirements. The Offeror understands and agrees that the Government retains the right to reject any response to this RFP, RFQ, or Sealed Bid made by the Offeror, without any further recourse by or explanation to the Offeror, if the acquisition risk for that Offeror is determined by the Government to be an unacceptable security risk.

The risk assessment process will vary depending on the acquisition type and proposed use of a FOCI source, available risk mitigation measures, and the information/justification provided by the Offeror.

Risk assessments will be on a case by case basis and will be used to determine whether the use of a FOCI source poses an unacceptable security risk. If an unacceptable security risk is determined, the Government retains the right to reject the use of a FOCI source or to require that certain risk mitigation measures be taken by the contractor. Similarly, the Government retains the unilateral right to approve the use of a FOCI source when the risk assessment indicates that such use would be in the Governments' best interests. If the use of a FOCI source is not approved, no classified information will be disclosed to the Offeror as part of the Government's rationale for non approval. The Offeror (prime and subs) may not seek reimbursement from the Government for any costs associated with responding to this RFP, RFQ, or Sealed Bid, as a result of a FOCI non approval decision.

Contracting Officer’s Security Representative Clause Contracting Officer's Security Representatives (COSR) are the designated security representatives of the Contracting Officer and derive their authorities directly from the Contracting Officer. They are responsible for certifying the contractor's capability for handling classified material and ensuring that customer security policies and procedures are met. The COSR is the focal point for the contractor, Contracting Officer, and Contracting Officer's Technical Representative regarding security issues. The

COSR cannot initiate any course of action that may alter the terms or price/cost of the contract. The COSR for this contract is Todd Throckmorton and can be reached on (202) 203 1849.

Access to Federal Bureau of Investigation (FBI) Locations Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, to include approval by the FBI's Security Division, must be satisfied prior to access.

Contractors who will require escorted access, to include short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD 816), a "Privacy Act of 1974 Acknowledgment Form" (FD 484) and two Fingerprint Cards (FD 258). Completed forms should be provided to the assigned Contracting Officer's Representative (COR) at least 10 days prior to required access.

Individuals requiring unescorted access to an FBI facility must complete the Standard Form 86 (SF-86), Questionnaire for National Security Positions, using the Office of Personnel Management’s Electronic Questionnaires for Investigations Processing (e-QIP) and provide two Fingerprint Cards (FD 258). e-QIP is a secure website that can be accessed from any computer system which has an Internet connection.

Only the signed release forms and FD 258 will need to be mailed to the identified Chief Security Officer, the SF-86 itself will be transmitted to the FBI electronically.

To complete the SF-86 using e-QIP, the individual requiring unescorted access to the FBI facility must contact (insert Chief Security Officer, Division, and telephone number) in order to be initiated into e-QIP.

Once this action has been accomplished, the individual should be able to access e-QIP at the following link in order to initiate and complete the electronic process: http://www.opm.gov/e-qip/browser-check.asp. Thoroughly read and follow the instructions for completing the SF-86. NOTE: To fully address suitability/security issues, the FBI requires individuals to provide responses to questions on the SF-86 for the last ten years. Failure to complete the application as instructed may lead to significant delays in processing the required investigation and approval for unescorted access.

Upon logging onto e-QIP, there will be a prompt to answer three “Golden” security questions to establish the user account. After completing the electronic SF-86, please print and sign the (1) Certification Form (CER) - Certify Completeness and Accuracy of your Investigation Request; (2) Medical Release Form (MEL) - Authorization for Release of Medical Information; and (3) Release Form (REL) - Authorization for Release of Information. In addition to these SF 86 release forms, the completion of a Non-Personnel Consent to Release Information (FD-979a), the United States Department of Justice Disclosure and Authorization Pertaining to Consumer Reports (DOJ 555) are required. Annotation of the assigned e-QIP Investigation Request Number on the upper right corner of each document transmitted to the identified Chief Security Officer is required for coordination with the electronic transmission and to facilitate the investigative process. The e-QIP Investigation Request Number, automatically generated by e-QIP, is located on both the header and footer of the signature forms. These release forms (five total) and FD 258 should be mailed via Federal Express or UPS Express mail directly to the following address: (insert name and address of Chief Security Officer). The use of regular U.S. mail channels may cause significant delays in processing the unescorted access request.

Upon completion of processing the facility access request, the individual will be required to execute a non-disclosure agreement suitable for their approved access.

Consent for Warrantless Searches of Department of Justice Workplaces

All cleared personnel accessing information within FBI controlled space are required to execute an FBI Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces as a condition of working at FBI facilities. The FBI's Director implemented the Attorney General's policy subjecting employees to warrantless physical searches of their offices or immediate workplaces within DOJ premises when authorized by the Attorney General (AG) or the Deputy Attorney General (DAG) based upon a determination that information the Department deems credible indicates that the employee:

1) is, or may be, disclosing classified information in an unauthorized manner;

2) has incurred excessive indebtedness or has acquired a level of affluence that can not be reasonably explained by other information;

3) had the capability and opportunity to disclose classified information that is believed to have been lost or compromised to a foreign power or an agent of a foreign power; or

4) has repeatedly or significantly mishandled or improperly stored classified information.

The search may extend to the entire office or workplace and anything within it that might hold classified information, including locked containers (such as briefcases) and electronic storage media (such as computer disk and handheld computers), whether owned by the government, by the employee, or by a third party. The search may be conducted by appropriate FBI personnel and/or law enforcement officers, on an announced or unannounced basis, during the workday or after hours. If discovered during a search, evidence of misconduct - whether related to storage or classified information, storage of sensitive but unclassified information, or a crime - will be collected and reported to appropriate authorities.

Contractor personnel who will meet the above criteria will be required to sign Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces (attached) upon award and forward the executed form(s) to the assigned Contracting Officer's Technical Representative designated in Section G of the solicitation if this is a formal solicitation or listed below. All forms will be retained by the FBI during the period the individual is providing services and two years after that individual's departure before final disposition is taken.

Contractor Personnel Security Reporting Requirements Contractor personnel security reporting requirements are applicable to all individuals to be assigned to FBI locations, those who require access to protected information and/or information systems, to include those identified as "Key Personnel", if specified in the contract. The contractor shall plan for expected attrition through advanced preparation and submission of required information.

Award of this contract is anticipated to result in assignment of contractor personnel to FBI controlled or occupied space, access to protected information and/or information systems. “Protected information” includes classified information, Foreign Intelligence Surveillance Act information, Sensitive But Unclassified information, including Law Enforcement Sensitive, personally identifiable information, business proprietary information, and any other information that is non-public and/or protected from disclosure by law or policy. Security and ethical conduct requirements, specific to the contract, to include a copy of the "Contractor & FBI Employees Ethics Standards Fact sheet" are provided. Any questions that the contractor or contractor personnel may have on the applicability of these requirements shall be addressed to the Contracting Officer's Security Representative or name of CSO, at (telephone number). As such, all contractor personnel assigned to perform on this contract must be briefed by the contractor on the provided FBI policies and procedures, as identified in the contract, regarding ethical conduct and security requirements. A list of assigned Contractor personnel and verification of their briefing, shall be provided to the cognizant contractor security officer for subsequent transmittal to the proper FBI Security Officer assigned oversight of this contract. This list must be provided no later than seven (7) days in advance of initial performance for those contractor personnel whose performance will require assignment to an FBI location. Failure to provide the required verification of briefing will result in a delay of the individual's access to the facility.

Additionally, within 15 days from assignment to FBI space, the employee must attend an FBI Security Awareness Briefing, which will further address FBI policies and procedures, as identified by FBI Policy.

This training is currently satisfied through the contractor employee's attendance at the Security Division's Career Services Management Unit's quarterly contractor's training offered at FBI, 935 Pennsylvania Avenue, NW, Washington, DC and other identified geographical locations. The assigned FBI CSO will contact the employee with the date and time of their scheduled briefing. Failure to attend this briefing or make arrangements to attend a subsequent briefing will result in immediate removal of the employee from FBI space. If contract performance is impacted as a result of removal of the employee, the contractor may be found in default of the contract. In the event that certain material relevant to the contract is not explicitly covered by the contract or regulations, the contractor is required to seek FBI guidance regarding its handling of such information whether classified or unclassified.

Only such persons who have been authorized by the CO and/or the CSO/COSR, shall be assigned to this work. In this regard, for identification purposes, the contractor will be required to submit the name, address, place and date of birth of all personnel who will be involved in the work hereunder. Said information will be required to be provided to the identified CSO not later than seven (7) days in advance of the scheduled date of such work. Information relating to an individual(s) identified as "Key Personnel" should be reported to the CSO after the written consent of the CO has been received.

The contractor agrees to abide by all applicable FBI security policies or procedures governing personnel, facilities, information, technical, information systems, communications and protective programs.

All contractor personnel who receive a security clearance, facility, information or information system access approval under the terms of this contract will be required to execute a FBI specified nondisclosure agreement. The contractor agrees to abide by all applicable FBI security policies and procedures governing personnel, facilities, technical, information systems, communications and protective programs. The following reporting requirements must be reported to the identified CSO as promptly as possible, but in no event later than three (3) business days of the conduct, event or activity.

Reporting requirements are to be accomplished electronically, if the contractor personnel are assigned to FBI locations, through the FBI’s established Enterprise Process Automation System (EPAS), or in writing, if the contractor personnel are not performing at an FBI location.

Contractor personnel are required to report the following high-risk security concerns, if not previously reported to the FBI:

1. Unofficial contacts with foreign nationals. (FD 981 Report of Foreign Contact)

2. Unofficial contacts with individuals who are or who are suspected to be engaging in criminal or terrorist activity. (FD 1078 Personnel Self Reporting Requirements Form) Unofficial contacts may develop in person or through interaction between parties via written or electronic communication (e.g., the Internet, letter, or telephone).

3. Failure to comply with the Standard of Ethical Conduct for Employees of the Executive Branch, etc.

4. Dual or multiple citizenship and use or possession of an active foreign passport involving foreign travel. All contractor employees with employee-type access to FBI facilities, information and information systems, who possess both citizenship with the United States and a foreign country are required to affirm that he/she has renounced his/her dual citizenship, or expressed a willingness to renounce any foreign citizenship through the execution of the Loyalty Agreement Form and surrender of their current or expired foreign passport to the FBI, Security Division, Clearance Passage and Sub- Programs Unit (CPSU), WB-450, 935 Pennsylvania Avenue, NW, Washington, DC 20535. “Employee-type” access is defined as access by a contractor which includes their assignment to an FBI location with access to FBI protected information and information systems. If the contractor employee is not located within the Washington, DC metropolitan area, the executed Loyalty Agreement Form and current or expired foreign passport should be forwarded via Federal Express. Receipt of the foreign passport will be validated through the issuance of a property receipt to the contractor employee. The contractor employee shall notify the Unit Chief, CPSU of their contract performance termination, when possible, no earlier than 30 days prior to separation and request the return of his/her foreign passport. Temporary access to foreign passports for travel may be granted on a case-by-case basis taking into consideration the risk associated with the request and whether the risk is manageable and acceptable. Requests shall be submitted in writing to the Assistant Director, Security Division, or designee, at least 30 days prior to travel.

The exercise of any right, privilege, or obligation of foreign citizenship by a contractor employee with dual citizenship and foreign passport, without notification to the FBI, Security Division, CPSU, and the specific aproval of the Assistant Director, Security Division, or designee, will be viewed as a direct violation of FBI security requirements. This includes, but is not limited to:

(1) Possession of a current foreign passport;

(2) Military service or a willingness to bear arams for a foreign country;

(3) Accepting eductional, medical, retirement, social welfare, or other such benefits from a foreign country;

(4) Residence in a foreign country to meet citizenship requirements;

(5) Using foreign citizenship to protect financial or business interests in another country;

(6) Seeking or holding political office in a foreign country;

(7) Voting in foreign elections;

(8) Action to acquire or obtain recognition of a foreign citizenship by an American citizen;

(9) Performing or attempting to perform duties, or otherwise acting, so as to serve the interests of a foreign person, group, organization, or government in conflict with the national security interest;

(10) Any statement or action that shows allegiance to a country other than the United States: for example, declaration of intent to renounce United States citizenship; renunciation of United States citizenship;

(11) Any attempt to obtain a new foreign passport or renew an expired foreign passport is prohibited.

5. Current foreign citizenship of a spouse.

6. Current residence with a person who is not a United States citizen.

7. Current residence of immediate family members (parents, spouse, children and/or siblings) in a foreign country.

8. Foreign financial holdings, in excess of $3,000.00, such as currency in a foreign financial institution and/or ownership of foreign real estate/property or business(es).

9. Receipt of money or assets, e.g., pensions, inheritances, living expenses, annuities, or any other form of financial support, from a foreign government or any foreign national, excluding immediate family members if they are legally residing in the United States.

10. Current association, or immediate family member’s current association, with a foreign government or military of a foreign country.

11. Direct or suspected links, to include close or immediate family members, to any criminal foreign intelligence, and/or domestic/foreign terrorism organization or group.

12. Other security concerns that could adversely impact upon the security and/or safety of FBI personnel, information, facilities or mission; safety of other individual; and/or the protection of U.S.

national security interests.

13. Other reportable events, incidents, and/or concerns involving contractor personnel and/or their close or immediate family members. Other reportable events/ incidents, and/or concerns is defined as any information that adversely reflect on the integrity or character of an employee that suggests that his or her ability to safeguard FBI Sensitive But Unclassified (SBU)/Law Enforcement Sensitive (LES) and/or classified information may be impaired, or that…