15F06723Q0000307_Forensic.pdf
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- Attached to
- Forensic Training Federal contract opportunity
- Solicitation number
- 15F06723Q0000307
About this file
This solicitation requests proposals for a Corrective Action Process and Cause Analysis for Forensic Service Providers Training Course. The Federal Bureau of Investigation is seeking onsite/live training delivered in accordance with the Statement of Work from September 18, 2023 through February 19, 2024. Pricing is to be provided on a firm fixed price basis for the base period of performance. The set-aside type is unrestricted, and proposals are due by September 12, 2023.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 2 Pricing.xlsx | XLSX spreadsheet | |
| Attachment 1 Statement of Work (SOW) Corrective Action Process and Cause Analysis Course 8.31.23.pdf | ||
| RFQ 15F06723Q0000307 Cover Letter.pdf | ||
| Attachment 3 Offeror Question Submission.xlsx | XLSX spreadsheet |
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15F06723Q0000307 Page 1 of 26
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.
1. REQUISITION NUMBER PAGE 1 OF
5. SOLICITATION NUMBER
15F06723Q0000307
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
08/31/2023
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL
TIME
09/12/2023 13:00 CT
CODE 15F067
FEDERAL BUREAU OF INVESTIGATION
PROCUREMENT SECTION
AAU - ACQUISITIONS ADMINISTRATIVE UNIT
REDSTONE ARSENAL, AL 35898
9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
8(A)
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
541990
SIZE STANDARD:
10. THE ACQUISITION IS
SEE SCHEDULE
11. DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
NET 30
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER THE
DEFENSE PRIORITIES AND
ALLOCATIONS SYSTEM –
DPAS (15 CFR 700)
13b. RATING
X REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
14. METHOD OF SOLICITATION
0700CODE15. DELIVER TO
LABORATORY DIVISION
ATTN: ALYSON BERGO
2501 INVESTIGATION PARKWAY
QUANTICO, VA 22135
CODE 15F06716. ADMINISTERED BY
FEDERAL BUREAU OF INVESTIGATION
PSAU - PROFESSIONAL SERVICES ACQUISITION UNIT
935 PENNSYLVANIA AVE, NW
WASHINGTON, DC 20535-0001
FACILITY
CODE
CODE
TELEPHONE NUMBER
17a. CONTRACTOR/
OFFEROR
1200CODE18a. PAYMENT WILL BE MADE BY
Send all invoices via IPP, NOT central_invoices@fbi.gov
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
0001 Firm Fixed Price Corrective Action Process and Cause Analysis for Forensic Service Providers Training Course - Onsite/Live Training The contractor shall provide onsite/live training in accordance with Section C - Statement of Work.
PSC: U005
See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)
0 $________________ $________________
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
ARE X ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REFERENCE _____________________________
OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK
5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)
Sherry B Trowbridge
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
15F06723Q0000307 Page 2 of 26
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 11/2021) BACK
15F06723Q0000307 Page 3 of 26
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses
Section C Description/Specifications/Statement of Work Section D Packing and Marking Section E Inspection and Acceptance Section F Delivery or Performance Section G Contract Data Administration Section H Special Contract Requirements Section I Contract Clauses
4 List of Attachments 5 Solicitation Provisions
Section K Representations, Certifications, and Other Statements to Offerors Section L Instructions, conditions, and notices to offerors or respondents Section M Evaluation factors for award
15F06723Q0000307 Page 4 of 26
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Line Period of Performance: 09/18/2023 - 02/19/2024
Base Period
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 Corrective Action Process and Cause Analysis for Forensic Service Providers Training Course - Onsite/Live Training
The contractor shall provide onsite/live training in accordance with Section C - Statement of Work.
PSC: U005
Line Period of Performance: 09/18/2023 - 02/19/2024
Base Period
0 $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 Corrective Action Process and Cause Analysis for Forensic Service Providers Training Course - Onsite/Live Training
The contractor shall provide onsite/live training in accordance with Section C - Statement of Work.
PSC: U005
Line Period of Performance: 09/18/2023 - 02/19/2024
Base Period
0 $________ $_________________
15F06723Q0000307 Page 5 of 26
Section 3 - Contract Clauses
Clauses By Full Text
Section C Description/Specifications/Statement of Work
The Contractor shall perform the work specified in the Statement of Work (SOW) and other Attachments and Exhibits in Section J of this contract.
Section D Packing and Marking
Not Applicable
Section E Inspection and Acceptance
a) Inspection and acceptance of all work and services performed under this contract will be in accordance with the FAR clauses incorporated by reference, as applicable.
b) Final acceptance of all deliverables and/or services performed will be designated in the task order and will be made in writing, at destination by the Contracting Officer Representative.
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government
Section F Delivery or Performance
All performance will be made in accordance with section F of each order.
CLIN Period of Performance Quantity Ship to Address FOB 0001 09/18/2023 – 02/19/2024 Specified on Order Specified on Order Destination 0002 09/18/2023 – 02/19/2024 Specified on Order Specified on Order Destination 0003 09/18/2023 – 02/19/2024 Specified on Order Specified on Order Destination
Section G Contract Data Administration
The Contracting Officer’s Representative (COR) is not authorized to change any of the terms and conditions of the contract. The Contractor is advised that only the Contracting Officer can change or modify the contract terms or take any other action which obligates the Government. Then, such action must be set forth in a formal modification to the contract. The authority of the COR is strictly limited to him/her, without redelegation, to the specific duties set forth in his/her letter of appointment, a copy of which is furnished to the Contractor. Contractors who rely on direction from other than the Contracting Officer, a COR acting outside the strict limits of his/her responsibilities as set forth in his/her letter of appointment do so at their own risk and expense. Such actions do not bind the Government contractually. Any contractual questions shall be directed to the Contracting Officer. The COR for this contract will be appointed and identified via letter of COR delegation authority.
The Contracting Officer Representative for the contract and all task orders is:
{Added at Award} The Contracting Officer is the person with the authority to enter into, administer, and/or terminate contract.
The Contracting Officer for the contract and all task orders is {Added at Award} Invoicing:
Vendors are required to create and submit Invoices via the Invoice Processing Platform (IPP) system. See IPP.gov for more details.
Invoice submission frequency (i.e. monthly or at final delivery) will be provided in each order. To ensure the maintenance of sufficient documentation supporting invoice payments, the FBI requires the following information with each payment request:
1. Vendor Name;
2. Invoice date;
15F06723Q0000307 Page 6 of 26
3. FBI purchase order number or other authorization for deliver of goods or services’
4. Invoice number, account number or other identifying number;
5. Description (including, for example, contract line/sub-line number), price and quantity of goods and services rendered;
6. Shipping and payment terms as established by purchase order contract or other authorization;
7. taxpayer Identification number (TIN);
8. Vendor Contact name, title, telephone number and email address
9. Other substantiating documentation or information required by the purchase order, contract, or other authorization.
Section H Special Contract Requirements
Incorporated by Reference
JAR Clause 2852.233-70, Protests Filed Directly with the Departments of Justice, January 1998
Clauses Incorporated by Full Text
FBI 52.204-5000, CLASSIFIED CONTRACTS – CONTRACT SECURITY REQUIREMENTS, November 2021 Service contracts wherein contractor employees require access to classified information or information systems containing classified information are subject to a number of security requirements that might not be applicable to all Government contracts. The National Industrial Security Program (NISP) was established under EO 12829 as a single integrated program across the Executive Branch designed to safeguard classified information released to contractors. Non-defense agencies such as the Department of Justice/FBI that have industrial security services agreements with the Department of Defense shall use the DD Form 254, “Contract Security Classification Specification,” to provide security classification guidance to U.S. contractors. The NISP and the National Industrial Security Operating Manual (NISPOM) require that the contractor be in possession of an approved DD-254 before commencing performance on a covered contract and that the contractor agree to abide by the requirements of the DD-254 in accordance with Federal industrial security regulations.
The Department of Justice (DOJ) personnel security clause, “Personnel Security Requirements for Contractor Employees (NOV 2021)-Alt. I-Classified Information-Cleared Contractors,” sets forth a number of requirements with respect to classified contracts.
This FBI clause serves to supplement the DOJ personnel security clause which was promulgated by DOJ Acquisition Policy Notice 2022-01and provides guidance with respect to the FBI’s internal requirements regarding personnel security on classified contracts.
Additionally, classified contracts should also contain FAR clause 52.204-2, “Security Requirements.” Companies performing classified contracts with the FBI will have a designated facility security officer (FSO) who will represent the company with respect to personnel security issues. Once a classified contract is awarded contractor employees will likely need access to FBI facilities, classified/protected information, and classified IT systems. This is accomplished by the submission of a Visitor Access Request (VAR) to the FBI by the awardee company for each contractor employee requiring access. The procedures for executing this process within the FBI are set forth in the FBI’s “Clearance Passage, Clearance Verification, Visitor Access Request, and Department of Energy Q Clearance Policy Guide, 1054PG.” The company will submit VARs for contractor employees to the FBI Security Division’s Access Control and Clearance Passage Unit (ACCPU).
VARs must contain all the information listed in section 4.3 of 1054PG and will be reviewed by ACCPU for completeness. ACCPU will also conduct appropriate record checks with respect to the individual contractor employee identified in the VAR and will then approve or deny the VAR. ACCPU reserves the right to deny the VAR if its review discloses derogatory information that cannot be mitigated. VAR denials by ACCPU will be reviewed at a higher level in the Security Division. If the VAR is approved by ACCPU the company will be notified and the Chief Security Officer of the sponsoring Office/Division will schedule the contractor employees for arrival and access processing along with a Security Awareness Briefing.
All contractor employees granted access to FBI space and FBI information systems shall comply with all FBI security policies and procedures. As such all contractor employees assigned to work in FBI space or access FBI information systems should be briefed by the awardee company on the FBI and DOJ security and personal conduct requirements identified in the contract in advance of arrival.
In particular, it should be noted that the use of controlled substances by a contractor employee while holding an FBI approved VAR will result in the termination of access and the revocation of the VAR. Any questions that the contractor or contractor personnel may have regarding the applicability of DOJ or FBI contract security requirements will be addressed by the Chief Security Officer (or his or her designees) of the sponsoring Office/Division.
As a condition of being granted access to FBI space and information the FBI Security Division will require contractor employees to execute a nondisclosure agreement (NDA) with the FBI. If the contractor employee is approved for SCI categories of access additional NDAs may be required. The failure of contractor employees to honor the terms and conditions of the NDA may result in the revocation of the VAR and denial of access to FBI space or information. Additionally, contractor employees granted access to FBI space and information will be subject to continued scrutiny regarding potential security concerns through the government-wide Continuous Evaluation (CE) vetting process.
15F06723Q0000307 Page 7 of 26
Contractor employees will be required to comply with the FBI’s self-reporting responsibilities as set forth in the Self-reporting Requirements Policy Guide, 1037PG. It is to emphasized that the FBI’s self-reporting obligations in 1037PG are IN ADDITION to any self-reporting obligations contractor employees may have to their company’s FSO. For example, foreign travel and foreign contacts must be reported to the FBI even though a report may have been filed with the company FSO. If a contractor employee is granted SCI access by the FBI then he or she will also be subject to financial disclosure obligations applicable to FBI personnel holding SCI access.
Contractor employees may be subject to counterintelligence (CI) focused polygraph examinations based upon where they are assigned in the FBI under their contracts and whether they will be processed for a category of SCI access. The FBI’s polygraph requirements for contractor employees are set forth in the FBI’s Polygraph Program Policy Guide, 0798PG, section 4.11. Additionally, contractor employees not subject to a CI focused polygraph under section 4.11 of 0798PG may be required to take a CI focused polygraph if CE vetting discloses conduct raising CI concerns.
Security requirements are considered to be material terms and conditions of the contract and a failure by the company to fully comply with security requirements due to willful misconduct or a lack of good faith on behalf of company employees may result in serious sanctions being taken by the FBI, including but not limited to possible termination.
FBI 52.204-5004, CONTRACTOR SUITABILITY SPECIAL SECURITY REQUIREMENTS (SSR), September 2020 Access to FBI facilities and information is subject to specific security and suitability requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at any time prior to or during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract. Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for contract performance. Failure to replace the employee may result in a no cost termination by the government.
FBI 52.204-5005, FINANCIAL DISCLOSURE – CONTRACT SECURITY REQURIEMENTS, September 2020
1.1 Financial Disclosure Requirements: Financial considerations and foreign travel have been identified as significant elements in recent espionage cases. In response to these threats, Executive Order 12968 established a requirement that all Executive Branch personnel who are granted access to "particularly sensitive classified information" as a condition of such access, file with the agency head an annual financial disclosure report. With the continuous dependency on contractors to support the FBI, to include access to classified information, if a procurement is expected to result in the acquisition of services involving the assignment of contractor personnel to FBI locations, access to Sensitive Compartmented Information (SCI) and access to the FBI's Secret Network (FBINET) the Program Management Officer/Contracting Officer's Representative (COR), in coordination with the assigned Chief Security Officer, are required to identify during procurement planning stages, whether an acquisition will require the anticipated contract to include the Special Security Requirement identified below.
1.2 Special Security Requirement: Security Requirements Applicable to Contractor Personnel Assigned to FBI Locations, with Access to Sensitive Compartmented Information (SCI) and the FBI Secret Network (FBINET), or those selected by the Director or Deputy Director of the FBI. Requirements are applicable to all individuals to be assigned to FBI locations, to include those identified as "Key Personnel", if specified in the contract, who will require access to FBI locations, SCI and FBINET, or those selected by the Director or Deputy Director of the FBI. Award of this contract is anticipated to result in the assignment of contractor personnel to FBI controlled or occupied space with access to SCI and the FBINET. As such, all contractor personnel assigned to such space with access to SCI and FBINET, or those selected by the Director or Deputy Director of the FBI, are required to file an annual Security Financial Disclosure Form (SFDF). Information collected through these filings is used to help make personnel security determinations including whether to allow access to classified information, sensitive areas, and equipment; or to permit assignment to sensitive national security positions. The data may be subsequently used as part of a review process to evaluate continued eligibility for access to classified information or as evidence in legal proceedings. Upon request, contractor employees required to file must:
a. Submit an annual financial disclosure form electronically using the SFDF. The SFDF is a web-based form that is accessible only through the FBI Intranet. Every form submitted undergoes automated analysis, and is stored in a secure database;
b. Sign and submit two consent forms: Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act, (DOJ-555) and Personnel Consent to Release Information, (FD-979) to the assigned FBI Chief Security Officer.
(These consent forms are used only if deemed necessary by the FBI in the event of a financial review. If a filer submitted the consent forms in a previous year, he/ she would be required to resubmit only the form if requested to do so by the assigned FBI Chief Security Officer);
c. Include all requested information pertaining to the filer, his or her spouse, and any dependent children. A filer whose spouse or dependent(s) refuse to provide financial information should explain the circumstances of this refusal in the Comments Section of the SFDF. The filer may be subject to penalties, including having access to classified information suspended, revoked, or denied.
Individual circumstances are reviewed on a case by case basis.
d. Not omit or provide false or misleading information on an SFDF. Filings are reviewed for accuracy and completeness, and filers may be contacted by FBI employees/contractors assigned the responsibility of the Financial Disclosure Program regarding any potential discrepancies and/or omissions. Contractor employees who meet the sited criteria are required to file and are responsible for the successful completion of the SFDF process. Refusal to submit financial disclosure information could result in the immediate
15F06723Q0000307 Page 8 of 26 removal of the employee from FBI space, restricted access to FBI information or denial of unescorted access to FBI facilities.
Exceptions will be resolved on a case-by-case basis. If contract performance is impacted as a result of removal of the employee, the contractor may be found in default of the contract. If a contractor employee terminates employment and/or assignment to the FBI prior to the reporting requirement, the contractor employee is not required to file.
FBI 52.204-5006 PERSONNEL SECURITY – CONTRACT SECURITY REQUIREMENTS
1.1 Personnel Security Requirements: The administrative control and maintenance of accurate records of contractors has been identified by both the Intelligence Community and FBI Executive Management as a matter of concern. With the continuous dependency on contractors to support the FBI, to include access to FBI facilities and information, if a procurement is expected to result in the acquisition of services involving the assignment of contractor personnel to FBI locations the Program Management Officer/Contracting Officer's Representative (COR), in coordination with the assigned Chief Security Officer, are required to identify during procurement planning stages, whether an acquisition will require assignment of contractor personnel to FBI locations, and therefore require the anticipated contract to include the Special Security Clause identified below in 1.2.
1.2 Special Security Requirements: Security Requirements Applicable to Contractor Personnel Assigned to FBI Locations:
Requirements are applicable to all individuals to be assigned to FBI locations, 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. Security and ethical conduct requirements, specific to the contract, to include a copy of the "Contractor & FBI Employees Ethics Standards Factsheet" 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 Chief Security Officer), Chief Security Officer, at (telephone number). As such, all contractor personnel assigned to such space must be briefed, in advance of arrival, 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 the individual's scheduled date of initial performance at 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 in FBI's Policy and Guidance Library. 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. The assigned FBI Chief Security Officer 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 the development of information or material is not clearly covered by the contract or regulations, the contractor is required to seek FBI guidance regarding its handling of classified and/ or unclassified information. Only such persons who have been authorized by the Contracting Officer and/or the Chief Security Officer/Contracting Officer's Security Representative, if the work is for other than specified personnel, shall be assigned to this work.
In this connection, 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 Chief Security Officer 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 Chief Security Officer after the written consent of the Contracting Officer has been received. All contractor personnel who receive a security clearance or 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 regulations governing personnel, facilities, technical, information systems, communications and protective programs. The following reporting requirements are to be reported to the identified Chief Security Officer as promptly as possible, but in no event later than two (2) business days after receipt of such knowledge.
a. Adverse Information. Contractors shall report any adverse information coming to their attention concerning any of their employees supporting this contract. Adverse information 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 his or her access to the information clearly may not be in the interest of the FBI and/or National Security.
b. Suspicious Contacts. Contractors shall report efforts by any individual, regardless of nationality, to obtain illegal or unauthorized access to FBI SBU/LES or classified information or to compromise an employee.
c. Change in Employee Status. Contractors shall report (1) the death, (2) a name change, (3) change in marital status, (4) change to performance which alters their originally assigned location and FBI Division to which they report, (5) termination of employment.
d. Employees Desiring Not to Perform on the Contract.
e. Evidence that an employee no longer wishes to support the contract.
f. Official or Unofficial Foreign Travel.
FBI 52.204-5007, WARRANTLESS SEARCH – CONTRACT SECURITY REQURIEMENST, September 2020
15F06723Q0000307 Page 9 of 26
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 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.
FBI 52.204-5008, CARS Clause: CLAUSES FOR CONTRACTS INVOLVING ACCESS TO CLASSIFIED INFORMATION
– CONTRACT SECURITY REQUIREMENTS, September 2020 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, 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
15F06723Q0000307 Page 10 of 26 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.
FBI 52.204-5009, CARS Clause: CLAUSES FOR PROCUREMENT OF CRITICAL ASSETS – CONTRACT SECURITY REQURIEMENTS, September 2020 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. 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. 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. 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 under Foreign Ownership, Control, or Influence (FOCI), or where any FOCI, in the opinion
15F06723Q0000307 Page 11 of 26 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 FOCI for that Offeror is determined by the Government to be an unacceptable security risk. 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 Offeror. 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. In Section K, 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, Executive Order 12829, National Industrial Security Program, and Director of Central Intelligence Directive 7/6, Community Acquisition Risk Center, or superseding Acts, Orders 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 FOCI 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 under FOCI. 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 FOCI evaluation and risk 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
15F06723Q0000307 Page 12 of 26
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.
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