Section C - SOW.pdf

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FEDERAL BUREAU OF INVESTIGATION

CJIS DIVISION | RESOURCES MANAGEMENT SECTION

Building 5 Dining Terrace Construction Services

For the

CJIS Division

Statement of Work

04/07/2025

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1 Scope This is a contract to provide construction services in accordance with the Building 5 Dining Terrace 100% Construction Documents to the Federal Bureau of Investigation (FBI) CJIS Division, Clarksburg, WV. This is a non-personal services contract. The Government shall not exercise any supervision or control over contractor employees performing the services herein.

Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction

The description of services are outlined in the attached Building 5 Dining Terrace 100% Construction Documents.

1.2 Background

The project consists of renovations to the CJIS Main Dining Terrace, located on the south side of Building 5 "CJIS Main" building on the CJIS Campus in Clarksburg, WV. The project location is a 2nd story (approximately 11,500 square foot) roof-top terrace built of cast-in-place concrete slabs over metal structure, as well as an adjoining pre-cast staircase. The scope involves demolition of the existing surface, down to structural concrete, replacement of waterproofing assembly, installation of tapered rigid foam insulation layers, a modular paver and pedestal system and associated flashing and finishing systems. The project also includes structural repairs to the pre-cast concrete stairs and metal railing, in accordance with the 100% Construction Documents.

The Government intends to award a firm-fixed price contract for this acquisition. The Building 5 Dining Terrace acquisition and Source Selection are being conducted in accordance with the Federal Acquisition Regulation (FAR), Part 16.505.

2 Applicable Documents

1. Building 5 Dining Terrace 100% Construction Documents (Drawings and Specifications)

3 Requirements

The Contractor shall provide construction services as required in the Building 5 Dining Terrace

100% Construction Documents.

4 Key Personnel

The Key Personnel shall be identified in accordance with the solicitation and Building 5 Dining

Terrace 100% Construction Documents.

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5 Place of Performance

The primary place of performance will be at the FBI CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306.

6 Deliverables

The contractor shall provide all deliverables outlined in the attached Building 5 Dining Terrace

100% Construction Documents.

In addition, the contractor shall be responsible for providing the following deliverables:

Kick-off Meeting: Key personnel, the CO, and the Contracting Officer’s Representative (COR) shall meet at the CJIS Division West Virginia complex within seven (7) calendar days after Contract Award to discuss how the contractor shall manage the work, project organizational chart, paths of communication, means of communication, project requirements, schedule, responsibilities, Quality assurance/quality control, and access control/security management. During the kickoff meeting, a visit to the proposed site(s) will be performed. The A/E shall prepare minutes of the kickoff meeting and provide to the FBI within three (3) calendar days of the meeting.

Status Reports: The Contractor shall provide monthly status reports to the Contracting Officer

(CO) and the Contracting Office Representative (COR). The format will be agreed to by the

Contractor and COR at the start of performance, but the contents shall contain the following, at a minimum: Staffing Summary, Hours and Labor performed, Current Management and

Administrative problems, and Action items. The Contractor shall also provide a bi-weekly status report that describes the activities that were completed (highlights), areas of risk, and personnel and their responsibilities for that time period.

7 Government Furnished Equipment or Information

N/A

8 Personnel Availability

The Contractor’s normal workday will typically be within the hours of 7:00 a.m. and 3:30 p.m.

Monday through Friday. Flexibility within the normal workday shall be coordinated with the

COR. The work shall be performed in such a manner that there is little to no interruption with operations. No work within the CJIS Division complex will be performed on Saturdays, Sundays, or Holidays, except as requested by the Government to minimize disruption.

9 Security Requirements

9.1 Safety and Environmental Regulations:

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▪ The Contractor is responsible for following all federal Occupational Safety and Health

Administration (OSHA), state and local regulations, and FBI policies as they pertain to safety and health. The Contractor shall provide any information on their safety programs as requested by the CO or COR. The Contractor shall provide protection for

CJIS employees who may be working or walking in the areas where work is performed.

This may be through barricades, signs, or other means to inform or redirect employees from the hazards. OSHA procedures for equipment shut down (such as Lock-Out Tag-

Out of energized devices) must be followed while on the CJIS Campus. The Contractor is responsible for any Personal Protective Equipment, monitoring devices, or other specialty equipment to perform their job in a safe manner while on FBI CJIS property.

The Contractor is open for inspection, at any time, by the FBI Safety Staff while on site at the CJIS Division.

▪ The Contractor is responsible for following all federal, state, and local regulations as they pertain to the Environment. All applicable Environmental Protection Agency and

West Virginia Department of Environmental Protection regulations and procedures shall be followed. Any information pertaining to environmental compliance can be requested by the CO or COR. The Contractor shall attempt to reduce any environmental impact due to the procedures and chemicals used while working on CJIS property and determine the need for and provide any personal protective items required for the safe performance of work.

9.2 Clearance Requirement for Personnel Access:

Upon the award of a contract, appropriate contractor individuals will be processed as directed by FBI policies and procedures.

The FBI's CJIS Division requires that access approval and/or security clearance be granted by the

FBI Security Programs Manager (SPM) to all non-FBI and contractor personnel who will have access to: National Security Information; Sensitive but Unclassified (SBU) information; FBI personnel; FBI facilities and/or FBI equipment. The determination of the level of security clearance (Top Secret or Secret) and access level (escorted or unescorted) required are made by the FBI's SPM. The scope of the FBI security clearance background investigation to be conducted is determined by the level of clearance sought.

Contractors should be advised that:

▪ Decisions concerning granting of access to FBI assets are made on a case-by-case basis and access/clearance will be granted only where such access is clearly consistent with the mission and responsibilities of the FBI. If for any reason an individual is denied access/clearance by the FBI, the FBI will not disclose the reason for denial and will only make such disclosure to the affected party pursuant to the provisions of the Freedom of

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Information or Privacy Act. The FBI will not be liable for any expense in the replacement of a denied individual, or any costs incurred by the contractor as a result of such denial.

▪ The Department of Justice (DOJ)/FBI does not permit the use of non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ Information Technology (IT) system. By signing this contract or commitment document, the contractor agrees to this restriction.

▪ Individuals shall have, for three (3) of the five (5) years immediately prior to working on this effort: (1) resided in the United States; (2) worked for the United States overseas in a federal or military capacity; or (3) be a dependent of a federal or military employee serving overseas.

▪ Individuals with criminal histories, such as arrest records, may be denied access; illegal and/or undocumented aliens will be excluded, and their identities may be referred to other cognizant law enforcement agencies for appropriate action.

▪ Individuals will be interviewed by the FBI (or FBI contract investigators) regarding foreign travel, associates, residences, or other matter of concern to the FBI in deciding whether to grant access to its information, facilities, or property. Individuals may be requested to undergo a polygraph examination to fully resolve any security concerns.

Refusal or failure to accurately complete the forms, to be interviewed, or to undergo a polygraph examination will be deemed reasonable cause for denial of access/clearance to FBI information, facilities, or property.

▪ The FBI reserves the right to reinvestigate contract employees on a periodic basis, or where facts or information dictates that continued access may no longer be clearly consistent with the FBI's mission and responsibilities.

▪ When authorized for site access, contractors shall report the following information to the CJIS Security Access Office: Foreign Travel (thirty days prior to departure); change in marital status; change in status of room/house mates; employment outside of the contracting agency; Court cases involving: divorce, bankruptcy, moving traffic violations

(more than $150), criminal arrests, civil proceedings, tax matters, and failure to honor legitimate debts.

▪ Regardless of a contractor's clearance and access level, the FBI reserves the right to provide an FBI escort, knowledgeable in the tasking area, in situations where contracted services may affect the integrity of existing protection measures (i.e., IT system maintenance activities).

▪ The FBI reserves the right to revoke any contract employee's access to its facilities or property where such access is no longer clearly consistent with the FBI's missions and responsibilities. The contractor agrees to immediately remove that individual from the

FBI facility in such circumstances.

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▪ Access to national security information will be granted only to employees who are

United States citizens for whom an appropriate investigation has been completed and whose personal and professional history affirmatively indicates loyalty to the United

States, strength of character, trustworthiness, honesty, reliability, discretion, and sound good judgement, as well as freedom from conflicting allegiances and potential for coercion, and willingness and ability to abide by regulations governing the use, handling, and protection of national security information.

▪ A determination of eligibility for access to such information is a discretionary security decision based on judgments by appropriately trained adjudicated personnel. Eligibility will be granted only where facts and circumstances indicate access to national security information is clearly consistent with the national security interests of the United States, and any doubt will be resolved in favor of the national security.

▪ In determining eligibility for access, agencies may investigate and consider any matter that relates to the determination of whether access is clearly consistent with the interests of national security. This includes random controlled substance testing and, in the future, may include polygraph examinations if dictated by FBI or DOJ security policy directives. Failure of any part in the background investigation or periodic review will result in further evaluation and any doubt will be resolved in favor of the national security.

▪ At the discretion of the FBI COR, contractor personnel not upholding the FBI standards of conduct, or if creating conflicts with the FBI's interests, shall be removed from all activities on this effort.

▪ The FBI will maintain a listing of contract employees who have been authorized access/clearance. The contractor must provide personnel from this list to perform the requested services.

Access to national security information:

▪ Upon a contract award, the contractor, primary contractor(s), key personnel, and any other non-FBI personnel designated by the FBI, who require access to FBI information, property, or facilities, shall, based upon the length and nature of their assignment, provide the COR the following properly executed forms. Forms shall be submitted sixty

(60) days prior to beginning the stated contract tasks. Incomplete or improperly executed forms will not be considered responsive to this requirement and will be returned to the contractor.

▪ One-day, one-time escorted access with no system access, or escorted access of one to five (1-5) consecutive days only with no returning site visits and requiring no system access:

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(1) CJIS Division Visit Access Request Form

If possible, this paperwork should be provided to the CJIS Security Access

Office by 12:00 p.m. on the day prior to the site visit.

▪ Escorted access requiring no system access of five (5) or more consecutive days, or recurring visits:

(1) CJIS Security Access Office Interoffice Memorandum “Limited

Escorted Access Request Coversheet”

(2) SF-85 “Questionnaire for Non-Sensitive Positions”

(3) FD-857a “Sensitive Information Non-Disclosure Agreement”

(4) Two (2) FD-258 "Applicant Fingerprint Cards" (if fingerprinted at the CJIS WV Facility only one (1) FD-258 is necessary)

▪ More than ninety (90) days access, unescorted access and/or system access:

(1) CJIS Security Access Office Interoffice Memorandum "Cover

Sheet/Preliminary Check for Access"

(2) SF-86 “Questionnaire for Sensitive Positions” (Note: An FD-857a is not used in conjunction with an SF-86)

(3) Two (2) FD-258 “Applicant Fingerprint Cards” (if fingerprinted at the CJIS WV Facility only one (1) FD-258 is necessary)

▪ Additionally, non-FBI personnel requiring IT system access must be indoctrinated, as required, prior to being granted access to any FBI IT system by receiving a Computer

Security Awareness and Policy Briefing, and must execute the following:

(1) FD-868 "Nondisclosure Agreement" and/or an SF-312 "Classified

Information Nondisclosure Agreement"

(2) FD-889 "Notice of Responsibility and Computer Security

Awareness Certification"

▪ The FBI SPM will, within thirty (30) days of receipt of the completed forms, make a preliminary determination as to the eligibility of these employees. These preliminary determinations are termed "interim." Interim clearances are based upon the completion of minimum investigative requirements and granted on a temporary basis

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IT Security Requirements:

▪ The contractor shall present all software and hardware to the FBI for virus scanning prior to entering FBI space and/or use on FBI IT systems. Software use shall be in compliance with software licenses. The use of shareware shall be controlled and/or supplied by the FBI. Under no circumstances shall the contractor introduce software and/or hardware into an FBI IT system.

▪ Test software used on any FBI IT system shall not be removed from FBI control.

Software shall be scanned, write-protected, and retained by the FBI. Only this copy of the software shall be used on the FBI IT system.

▪ Under no circumstances will personally owned or contractor-owned equipment or media be used to process FBI information. Government-furnished equipment (GFE), as specified in a contract or statement of work, will be utilized.

▪ The contractor shall turn over all failed electronic storage and memory devices to designated FBI personnel. The contractor shall not remove any electronic and memory devices that have been connected to or have processed data on an FBI IT system. The

FBI reserves the right to procure and to retain any media that had not been successfully sanitized prior to release back to a vendor/contractor.

▪ Storage media and systems with non-removable storage media must only be transferred through maintenance channels approved by the FBI. Only storage media and systems that have been sanitized and declassified (if necessary) can be released from FBI control for maintenance.

▪ To the extent possible, information shall be stored on FBI-owned storage media.

Provisions shall be made which allow for FBI retention of non-removable, non-volatile storage devices (e.g., microcomputer hard drives) if the device cannot be successfully sanitized through disk methodologies approved by the FBI Security Division at the completion of the tasking.

▪ Each contractor-owned device or media (e.g., Personal Digital Assistants, laptops, floppy disks, compact disks, etc.) brought into FBI facilities, regardless of source and prior to use, will be virus scanned. Each device or media that cannot be properly scanned will not be permitted in the facility.

▪ FBI IT policies prohibit access for remote maintenance and diagnostics by non-FBI personnel. Exceptions can only be negotiated with, and granted by, the FBI Security

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Division, and are to be obtained in consultation with the CJIS Contract Administration

Office (CAO), Information Technology Security Program (ITSP).

▪ All connections to non-FBI networks will be approved on a case-by-case basis by the FBI

Security Division and is to be obtained in consultation with the CJIS, CAO, and ITSP. As part of this approval process, supporting documentation must be acquired.

▪ The exchange of data between contractor and/or subcontractor sites or between the contractor/subcontractor and the FBI must be approved on a case-by-case basis by the

FBI Security Division in consultation with the CJIS, CAO, and ITSP.

▪ All maintenance work performed at an FBI site must be supervised by FBI personnel knowledgeable in the operation of the IT system regardless of the classification of the system or its associated media. On-site maintenance personnel shall meet the personnel security requirements.

▪ For security reasons, placement and removal of microcomputers and related media to operational environments where classified information is processed shall be approved by the FBI SPM.

▪ All non-FBI portable devices are prohibited from connectivity to any FBI IT system.

▪ All FBI information made available to or generated by this task shall, at a minimum, be considered FBI sensitive. This includes, but is not limited to, all notes, documents, test data, databases, reports, magnetic media, deliverables (e.g., CDRLs), electronic mail, etc.

All FBI sensitive information shall be protected from unauthorized access and shall be disposed of in accordance with FBI policies.

▪ Any person who knowingly, willingly, or negligently discloses any FBI information (to include, but not limited to data, systems configurations, facilities, personnel, and procedures) to unauthorized persons without prior written FBI approval shall be subject to the appropriate penalties and sanctions under the law (i.e., Privacy Act, Computer

Fraud and Abuse Act, National Security Act, or appropriate espionage statutes).

▪ Non-FBI employees who violate this policy are subject to having their clearance revoked and access to FBI IT systems and facilities terminated.

▪ All reports of computer security-related incidents and/or violations are to be concurrently reported to the CJIS, CAO, ITSP and the FBI COR.

Government Furnished Equipment (GFE)

▪ The contractor will maintain an automated inventory of all GFE, including software, at each contractor site. The inventory shall include the following information:

(1) FBI Property Number

(2) Description

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(3) Type (Hardware or Software)

(4) Manufacturer

(5) Model Number

(6) Serial Number

(7) Software Version

(8) License Description

(9) Expiration Date

▪ The contractor will receive written authorization from the FBI prior to returning GFE, including software, to the vendor for any reason.

▪ The contractor will clearly label all GFE, including software, at each contractor site, as property of the FBI CJIS Division.

▪ The contractor will clearly label all contractor-owned property, as such, when physically located within the same space as GFE, at each contractor site.

▪ The contractor will grant the FBI physical access to the GFE, including software, and contractor inventory records, at each contractor site, for the purpose of assigning FBI property numbers and conducting audits to ensure compliance with FBI requirements.

The frequency, scope, duration, and method for the audits shall be determined by the

FBI.

▪ The contractor will provide the FBI with original copies of all delivery documents (i.e., vendor packing slips) for GFE, including software, delivered directly from the vendor to a contractor site.

▪ The contractor will deliver all GFE and software to the FBI, within thirty (30) days, when no longer serviceable or required for the completion of the contract. The contractor has no authority to donate, destroy, or transfer GFE.

▪ The contractor will notify the FBI, in writing, when GFE, including software, moves from one contractor site to another. The notification must include the following:

(1) FBI Property Number

(2) Description

(3) Type (Hardware or Software)

(4) Manufacturer

(5) Model Number

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(6) Serial Number

(7) Software Version

(8) License Description

(9) Expiration Date

▪ The contractor will provide written notification, at least twenty-four (24) hours in advance, of all deliveries of GFE, including software, to the FBI. The notification shall include an itemized list of all GFE, including software, being returned to the FBI. The itemized list shall include the following information:

(1) FBI Property Number

(2) Description

(3) Type (Hardware or Software)

(4) Manufacturer

(5) Model Number

(6) Serial Number

(7) Software Version

(8) License Description

(9) Expiration Date

10 Government Representatives The functions inherent to this contract shall be performed by the designated CO. The duly assigned COR shall ensure all actions pertaining to this contract are requested via the CO.

10.1 Contracting Officer Representative

The COR will be identified via letter of COR delegation authority for this contract. 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 direction to the Contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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The COR does not have the authority to alter or modify the Contractor's obligations, contract terms, conditions, specifications, or cost. If as a result of technical discussions, it is in the

Government’s best interest to alter/change contractual obligations or the Scope of Work, the

CO shall issue such changes.

10.2 Contracting Officer

This contract will be administered by:

Contracting Officer: Logan Swiger

Email: lswiger2@fbi.gov

Phone: 304-625-8133

11 Travel and Other Direct Costs

When required and authorized by the CO, travel must be conducted in accordance with the Federal Travel Regulations.

Other Direct Costs (ODCs) are not authorized. Prior to purchasing any ODCs, approval must be obtained by the CO.

11 Travel and Other Direct Costs