FBI Clauses 11 and 5.pdf

FBI-0011

Provision for Contractor Risk Assessment (OCT 2024)

The Government intends to secure services or purchase supplies 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. Submit a Key Management Personnel Listing (KMPL) and FBI supplemental acquisition risk questionnaire. A KMPL must be submitted for each entity for which acquisition risk information is required. The KMPL must identify all corporate management personnel by full legal name, position, date/place of birth, and citizenship status. Corporate management personnel are generally identified as being chosen by the Board of Directors. These positions include, but are not limited to, CEO, CFO, CTO, President, Vice-President, Secretary, Treasurer, Chairman of the Board, and Board members. For entities with facility security clearances, this also includes the Facility Security Officer. 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 or the KMPL. The Offeror is responsible for initiating the submission of the required acquisition risk information and KMPL for the offeror and 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 FBI supplemental 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 by the Intelligence Community Directive 731 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, 15F06726F0000115 Page 6 of 8 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. Any Offeror responding to this Request for Proposal (RFP), Request for Quotation (RFQ), or Sealed Bid acknowledges the Government's requirements to secure services 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 caseby-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 nonapproval decision. FBI -0011 SECTION K - KEY MANAGEMENT PERSONNEL LISTING (KMPL) Name Title Social Security Number Date of Birth Place of Birth US Citizenship Status FBI -0011 SECTION K – FBI SUPPLEMENTAL ACQUISITION RISK QUESTIONNAIRE 1.

Is 10 percent or more of the organization’s securities held in any manner that does not disclose the beneficial owner, such as “nominee shares” or “street names”? If yes, identify the foreign institutional investors by name, address, and percentage of securities owned.

Indicate whether there have been any attempts to exert control or influence over management or policies of the organization. If available, include SEC Schedules 13D or 13H. ______________________________________________________________________________ ______________________________________________________________________________ 2. Do any corporate officers (Chairman of the Board, President, Chief Executive Officer, Vice- Presidents, Secretary, Treasurer, Chief Information Officer, Chief Financial Officer, and General Counsel), executive 15F06726F0000115 Page 7 of 8 personnel (Facility Security Officer) and all other Board of Director members) also hold any type of position with a foreign interest? Identify by name, title, citizenship, or immigration status, whether the individual holds a personnel security clearance or is excluded from access, each individual meeting these criteria. Also, identify the name and address of each organization with which the individual holds a position, and in what capacity.

______________________________________________________________________________ 3.Are there any other factors or issues that may indicate or show the possibility of foreign influence or control over the management of the organization that have not already been addressed? If yes, please describe in detail the involvement of the foreign entity, as well as why it is not reportable in accordance with the previous questions.

End of Provision

FBI-0005

Provision for Security Evaluation Factor (OCT 2024)

Security is a criterion in the evaluation of proposals received in response to this solicitation. The security proposal should be submitted as a separate document/file from the cost and technical proposal and has a twenty-five (25) page limit which includes all tabs, dividers, cover sheets, etc. The security proposal shall include a description in detail of the following:

A. The contractor's security processes for personnel security, including management of clearances.

B. The contractor's practices for access to, control of, and storage of classified material.

C. How these processes and procedures will be applied to the requirements of this proposal.

D. The contractor's cleared facilities that will be dedicated to this program including date of certification, Cage Code, and Cognizant Security Agency.

E. The contractor’s willingness to participate in the Contractor Polygraph Program.

F. Description of the assumptions on which the contractor based the security proposal. The security evaluation shall consider the Offeror’s understanding of the security regulatory environment as applied to FBI’s requirements, soundness of the Offeror’s security approach and risk.

Insert in Section M or Evaluation Criteria Section:

The Security Proposal will be evaluated as pass/ fail. Failure to receive a passing evaluation will disqualify the proposal package from the solicitation. The security proposal will evaluate the following:

A. The contractor's security processes for personnel security, including management of clearances.

B. The contractor's practices for access to, control of, and storage of classified material.

C. How these processes and procedures will be applied to the requirements of this proposal.

D. The contractor's cleared facilities that will be dedicated to this program including date of certification, Cage Code, and Cognizant Security Agency.

E. The contractor’s willingness to participate in the Contractor Polygraph Program.

F. Description of the assumptions on which the contractor based the security proposal. The security evaluation shall consider the Offeror’s understanding of the security regulatory environment as applied to FBI’s requirements, soundness of the Offeror’s security approach and risk.

End of Provision