Microsoft SOW Amendment 1.docx

Support and Consulting Services for Microsoft Products UNCLASSIFIED

Department of Justice Federal Bureau of Investigation

STATEMENT OF WORK

For

SUPPORT AND CONSULTING SERVICES

FOR MICROSOFT PRODUCTS

February 3, 2012 Version 5.0 Federal Bureau of Investigation 935 Pennsylvania Ave., N.W.

Washington, D.C. 20535

INTRODUCTION

This Statement of Work (SOW) is for support and consulting services for Microsoft products and projects related to Microsoft products. The Federal Bureau of Investigation (FBI) plans to utilize these services to support the Bureau’s networks, to provide operational training and to assist in project developments and integration. These services will assist the Bureau with the design, implementation and deployment of cutting edge Microsoft technologies for the FBI’s Information Technology Branch (ITB) and other Divisions as necessary.

BACKGROUND

The Bureau has a constant need for accessing and sharing data and information throughout the FBI and with other components throughout the Federal Government and intelligence community. The focus on counter terrorism and associated investigative issues and concerns, combined with the need for new Information Technology (IT) systems development to support the FBI’s critical mission activities, have increased awareness of and attention to the FBI’s telecommunication networks, associated hardware, software, and the need to share data with other Federal, state, and local agencies. As Microsoft products are prevalent throughout the FBI’s IT infrastructure, expertise in associated integrations, planning, development and maintenance are critical to network systems health.

1.0 TYPE OF CONTRACT

1.1 SUPPORT AND CONSULTING SERVICES FOR MICROSOFT PRODUCTS

This is a hybrid labor hour/firm fixed price, multiple award, Indefinite-Delivery Indefinite-Quantity (IDIQ) contract for the acquisition of services on the basis of direct labor hours at specified fixed hourly rates that include wages, overhead, general and administrative expenses and profit.

The Contractor will assist in the development of an enterprise-wide architecture and in the implementation and deployment of Microsoft and Microsoft-partner technologies. This will consist of assistance in the infrastructure and platform side of IT. The services are to be performed by Enterprise Architects and Subject Matter Experts.

The following charts outline the anticipated maximum level of effort for each year of the contract, broken down into Consulting and Support labor categories.

The below hours are not guaranteed to any Contractor. The hours represent an anticipated maximum level of effort for a single contract year. The Government reserves the right to exceed the below listed hours in any one contract year provided that it does not exceed the overall contract ceiling amount.

1.1.1 Consulting Services – Anticipated Level of Effort for each contract year. Hours will be awarded under individual task orders. The below listed hours are not guaranteed to be awarded in any one contract year.

1.1.2 Support Services – Anticipated Level of Effort for each contract year. Hours will be awarded under individual task orders. The below listed hours are not guaranteed to be awarded in any one contract year.

1.2 Areas within Scope

The scope of this contract encompasses all services performed under Consulting and Support Services which include, but are not limited to, network and enterprise architecture, building and deployment of Microsoft solutions, and IT support services and training.

1.2.1 On-Going Support of Strategic Services, Architecture Alignment, Program Management and Delivery Through strategic advice, the Enterprise Architects shall provide services that help achieve business and IT objectives, assisting the FBI’s Information Technology Branch (ITB) with alignment of IT initiatives with business strategy so that customer-defined critical success factors become measureable.

· Work with the FBI in developing Product Roadmaps

· Support specific projects and initiatives, while utilizing the appropriate partner and Microsoft delivery resources. The currently identified list of potential projects includes, but is not limited to:

· Server architecture design/optimization for the FBI

· Exchange architecture design/optimization for the FBI

· Desktop baseline design/optimization

· Enterprise configuration management architecture design/optimization

· Enterprise operations management architecture design/optimization

· Product evaluation

· Enterprise system architecture, consolidation, and migration planning

· Performance optimization and monitoring

· Provide “recommended practices” in designing Microsoft based solutions focusing on all phases of the System Development Lifecycle.

· Assist in identifying and developing requirements for Microsoft based solutions by leveraging best practices for design, optimization and operations and maintenance

· Knowledge Transfer - Share and transfer knowledge on a informal basis as ITB staff are working along-side the Contractor on Microsoft technologies, processes and recommended practices

· Solutions Planning and Implementation – Develop clear strategies and effective plans to drive the implementation and integration of Microsoft technology focused solutions in ITB’s environment.

· Training on the Forensic Evaluation of Microsoft Products for Investigators

1.3 Contract Minimum and Maximum

This IDIQ contract will have an established minimum award level of 20,000 hours throughout the life of the contract which may be awarded under a combination of any labor categories established in the contract. The maximum level of effort to be awarded throughout the life of the contract will be 250,000 hours. The established minimum applies to the contract as a whole and does not guarantee any stated level to a single awardee, but rather, as a total to be awarded amongst all Contractors under the IDIQ. Further, the awarded hours may be a combination of Support or Consulting services, and does not guarantee that 20,000 hours will be awarded under each type or labor category. Awards will be made at the task order level.

2.0 TRAVEL

Allowable travel costs will be reimbursed, if incurred and approved by the Contracting Officer’s Representative (COR) and Contracting Officer (CO) prior to departure, for the cost of transportation, lodging, subsistence and incidental expenses in accordance with the Federal Travel and Joint Travel Regulations.

2.1 Authorized Travel Expenses

Travel within the Washington Metropolitan area will only be authorized for temporary or interim work assignments. Local travel is not defined as daily parking or commuting costs for Contractor employees who are stationed in Washington, DC.

2.2 Travel Outside Washington, DC Metropolitan Area

If travel outside the Washington, D.C. metropolitan area becomes necessary, the Contractor must provide an estimate of the travel costs in accordance with approved procedures. Emergency travel will be handled on an expense basis through contact with the COR and CO.

The FBI will provide normal office space and equipment (e.g., phone, desktop computer and peripherals, desk and accessories, etc) for Contractor personnel performing work in approved FBI facilities.

The FBI will provide access to all necessary FBI documents and policies necessary to complete assigned tasks. All documents provided will remain the property of the FBI and will not be used for any other purpose, other than intended by this SOW and task order SOWs.

3.2 Contractor Furnished Equipment

In performance of this work, it is the FBI’s policy to not allow use of Contractor-owned equipment, such as computer desktops or laptops, software, or other devices, such as PDAs. Contractor-owned equipment may only be used in designated FBI areas or at the Contractor’s site to support unclassified administrative and program management efforts (e.g., financial, timecard accounting, unclassified briefings).

The Contractor shall conform to the policies of the FBI with regard to the handling and disposal of sensitive data and information. These requirements shall be provided to the Contractor, along with Non-Disclosure Statements, upon issuance of the DD Form 254, Contract Security Specifications.

4.0 Technical Documents

Applicable technical documents will be defined and approved in each task order project plan. The Contractor shall provide documentation based on schedules defined within the project plans.

5.0 Inspection and Acceptance

The Government shall review and approve Contractor implementation plans, project plans, etc. The Contractor shall then execute against these approved plans and monitor their status. The FBI will evaluate the Contractor performance in accordance with the following:

a. All analyses done by the Contractor must be comprehensive and meet established deadlines; documentation supporting such analyses shall be clear, neat, and without ambiguities.

b. All recommendations resulting from such analyses shall reflect sound, justifiable considerations that are clearly identified and documented.

All recommendations resulting from all other documentation produced during this effort shall be submitted to the FBI using Bureau approved applications, such as word processing, spreadsheet, and graphic software. All documentation shall be clear and concise and without substantial error.

c. Program and engineering assistance and support shall be at the level of expertise required and expected to properly support the FBI’s requirements in each of the task areas.

d. System improvements that are made and adopted shall be fully tested and demonstrate that they meet operational requirements without substantial rework or failure before they are implemented.

e. Contractor responsiveness is of utmost importance to the FBI. The Contractor shall demonstrate significant willingness and ability to work with other FBI divisions, sections, and units, as well as with other FBI contractors, as may be necessary. Work must be performed without compromising on-going concerns, or causing significant delay and disruption to other work efforts or current systems’ operations.

6.0 Deliverables and Performance

6.1 Place of Performance

The Contractor shall perform all Microsoft Consulting efforts under this SOW in the FBI office spaces to include FBI Headquarters in Washington, D.C., Field Offices, and Quantico, Virginia, or at other Government or facilities approved by the FBI. The Contractor may be required to perform Microsoft Support Services under this SOW in the FBI office spaces to include FBI Headquarters in Washington, D.C., Field Offices, and Quantico for on-site troubleshooting. However, the Government shall determine the application of this requirement on a case by case basis.

Performance of this effort may involve exposure to highly sensitive data and information. It is for this reason that the FBI shall require strict and stringent control over Government information. The Department of Defense (DoD) Form 254, Contract Security Specifications, includes the security requirements necessary for work performed at a site outside of FBI offices.

Unclassified work may be performed at Government-approved Contractor facilities and, in cases where the facility is an FBI-accredited SCIF, classified work may be performed with the concurrence of the COR.

6.2 Period of Performance

The period of performance for this SOW will consist of a base year and four (4) twelve month options as follows:

Base Year: 4/13/2012-4/12/2013 Option Year 1: 4/13/2013-4/12/2014 Option Year 2: 4/13/2014-4/12/2015 Option Year 3: 4/13/2015-4/12/2016 Option Year 4: 4/13/2016-4/12/2017

All options may be exercised by the Government, in full or in part, and are contingent upon the availability of fiscal funding, continuation of need, and satisfactory Contractor past performance.

6.3 Review and Approval of Deliverables

The FBI shall accept or reject the deliverables defined below or within Task Order Statements of Work within fifteen business days of receipt of the documentation. If the Government rejects a deliverable, it shall be resubmitted within five business days unless otherwise directed by the COR. If the Government does not accept or reject a deliverable within the stated time frame, Government acceptance cannot be assumed. All deliverables shall be submitted to the COR or COR-designated Task Lead for approval.

The Monthly Progress Report shall include a description of accomplishments for that month, updated information on all outstanding tasks from the prior month, and progress on newly assigned tasks. Additional information may be requested to be included in Monthly Progress Reports by the COR, the Task Lead or the CO.

7.0 Contract Administration

7.1 Contract Specialist (CS)

The CS is the appointed contract administrator for all contract-related issues and actions. Direction that will modify the scope, terms and conditions, funding or any other action that may modify the agreement as originally entered into with the Government must be given only from the CS. The CS has appointed a COR to provide technical administration and management of the work performed under this SOW. The CS assigned is:

Michael Nordlund 935 Pennsylvania Ave N.W. CC-3 Washington DC 20535 Phone: (202) 324-1557 Email: Michael.Nordlund@ic.fbi.gov

7.2 Contracting Officer’s Representative (COR)

The technical administration and management of the work performed in association with this SOW will be performed by the FBI’s COR. The COR will provide the overarching technical administration and management of this SOW. Program Managers have been designated by the COR to monitor day-to-day Contractor performance. The FBI Program Manager will work with the COR to ensure that all technical requirements are met and deliverables are satisfied. The COR will chair all Government and Contractor meetings, provide technical direction and accept product deliverables.

7.3 Task Leads

The FBI Task Leads will perform administrative and task management functions within the scope of each Task Order. In addition, the Task Leads will provide inspection of deliverables and recommend acceptance to the COR.

7.4 Orientation

A post-award conference will be held prior to the contract start date for all necessary Government and Contractor personnel. This meeting will provide information concerning government facilities, roles and responsibilities of both parties, and address any outstanding issues.

7.5 Award of Task Orders

Task orders will be awarded throughout the life of the contract and will be described with a Task Order Statement of Work. Fair opportunity will be provided to all Contractors under the IDIQ for each task order unless one or more of the exceptions in FAR 16.505(b)(2)(i) apply. Task order proposal evaluation will be based upon the size and complexity of each task order but may be awarded on lowest price basis for simple requirements. All task order proposals will include a CLIN listing with number of hours proposed for each CLIN and their respective bill rate as stated in the IDIQ contract.

The Government reserves the right to make a best value determination for all task order awards which may include evaluation of performance from previous task orders awarded under this IDIQ.

7.6 Special Contract Requirements

7.6.1 Personnel Security Requirements

All Contractor personnel, requiring access to FBI facilities or performing work under this SOW, shall:

1) Be U.S. citizens;

2) Already possess or have the ability to possess a current (within the last three years) Top Secret (TS) clearance, and must be eligible for, or already possess from another Federal Government agency, a Sensitive Compartmented Information (SCI) access;

3) Submit all forms and required information for proper adjudication of such accesses; and

4) Have completed the FBI’s clearance process. Contractor personnel should expect that the FBI shall require a polygraph and drug test to be performed in accordance with FBI policy prior to granting such security clearances and accesses.

7.6.2 Inherently Governmental Functions

The Contractor shall not perform any Inherently Governmental Functions (IGF) under this contract in accordance with OMB Policy letter 92-1, Inherently Governmental Functions, and FAR Subpart 7.5. Whenever the Contractor is participating in any situation where it may be assumed that he/she is an FBI employee, the Contractor must identify himself/herself as a Contractor employee. If, during the course of work, through receipt of technical direction, or in carrying out the SOW, any portion of the work appears to be an IGF, the Contractor shall immediately notify the COR and the CO.

7.6.3 Notice of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when Contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government or any delivery schedule or date, or any rights or remedies provided by law or under this contract.

7.6.4 Privacy Act

Work on this project may require that personnel have access to Privacy Act Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552A and applicable agency rules and regulations.

7.6.5 Disclosure of Data Under the Freedom of Information Act (FOIA) If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or date contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the provision at FAR 52.215-12, “Restriction on Disclosure and Use of Data”. The Government will, before disclosure, make an administrative determination on a case-by-case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the FOIA. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

(b) The term “organizational conflict of interest” means a situation where a Contractor has interest, either due to its other activities or its relationship with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the Government’s standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement; or (2) from industry’s standpoint in that unfair competitive advantages may accrue to the Contractor in question.

(c) The Contractor agrees that, if an organizational conflict of interest is identified after award, immediate and full disclosure of the conflict shall be made in writing to the CO. The written disclosure shall include a description of the actions the Contractor has taken, or proposes to take, to avoid, eliminate or neutralize the conflict. The Government may terminate the contract for the convenience of the Government.

(d) In the event that the Contractor was aware of an organizational conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the CO, the Government may terminate the contract at no cost to the Government.

(b) The Contractor recognizes that in accepting this contract to support the FBI, a conflict of interest may be created (access to budget data, developing Statements of Work and cost estimates, for example). As such, by accepting a task order for the work described therein, the Contractor will be excluded from providing solutions to those requirements.

2) All Contractor personnel working on this contract may be required, at the Government’s discretion, to undergo counterintelligence focused polygraph examinations. The polygraph examinations may be prior to acceptance or at any time during the performance of the contract, and without notice.

3) Access to FBI facilities is subject to specific security requirements, which must be satisfied prior to access. These requirements include the completion of a form DD-254 for all Contractor personnel.

4) Information pertaining to FBI programs, even though considered unclassified, shall only be made available to Contractor employees on a need-to-know basis and shall not be otherwise disseminated without the prior written consent of the FBI. Unless approved by the FBI, regardless of classification, no program-related material may be transmitted via the Internet or any other network that would allow individuals not associated with this task to directly or indirectly access the program-related materials.

5) Prior FBI approval is required for subcontracting.

6) Any information technology system utilized to support unclassified contract performance shall be operated in accordance with FBI certification and accreditation policies and procedures. The Contractor should contact Joann Saunders at (202) 220-9230 to coordinate the required certification and accreditation process for contract performance.

9) Unauthorized disclosure of FBI information may constitute a security incident and the FBI should be informed of any unauthorized disclosure. The unauthorized disclosure of information protected by the Privacy Act could also result in criminal sanctions.

7.6.9 Additional Security Classification

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 12958, Classified National Security Information, and supplementing directives.

The Contractor shall abide by the requirements set forth in the Contract Security Classification Specification (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 Defense Security Service. If the Contractor has access to classified information at an FBI or other Government facility, it shall abide by the requirements set by the agency.

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 the 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.

7.6.10 Access to Government Facilities

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 indentified 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 Chief Security Officer (CSO), Karen McCarron, 703-872-5043, 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:

Joann Saunders 935 Pennsylvania Ave. NW Washington, DC 20535

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.

7.6.11 Security of Personal Data

The work to be performed under this contract requires the exchange of personal data between the Contractor and the Department of Justice. The Contractor, by acceptance of performance on this contract, certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personal information was, or is reasonably believed to have been, lost or acquired by an unauthorized person (subject to the exception below). In any case in which the data that was lost or improperly acquired originated with the Department, was acquired or managed for the Department, or reflects sensitive law enforcement or national security interest in the data, the Contractor shall notify the Department contracting officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the Contractor shall not notify the individuals until it received further instruction from the Department.

7.6.12 Consent for Warrantless Searches of Department of Justice Workplaces All cleared personnel accessing information within FBI controlled space are required to execute FBI Form FD 1001 (see attached) Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces as a condition of working at FBI facilities. The FBI 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:

1) Information the Department deems credible indicates that the employee is, or may be, disclosing classified information in an unauthorized manner;

2) Information the Department deems credible indicates that the employee has incurred excessive indebtedness or has acquired a level of affluence that cannot be reasonably explained by other information;

3) Information the Department deems credible indicates that the employee 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) Information the Department deems credible indicates that the employee 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 to Warrantless Searches of Department of Justice (DOJ) Workplace (attached) upon award and forward the executed form(s) to the Contracting Officer’s Representative. 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.

7.6.13 Clauses for Contracts Involving Access to Classified Information 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 Contractor 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) acknowledges the Government’s requirements to secure services or equipment from firms which are not under 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 made by the Offeror, without any further recourse by or explanation to the Offeror, if the FOCI for that Offeror are 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 Government’s 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 as a result of a FOCI non-approval decision.

Offeror’s shall complete Section 7.6.16 in 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 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.

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 operation, 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 the 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:

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 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.

7.6.14 Requirements for Procurement of Critical Assets

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 under appropriate arrangements, when it determines that such contract will be in the best interest of the Government.

Accordingly, all responding to this proposal or initiating performance of a contract are required to answer the acquisition risk questions. All answers are to be reflective of the parent and subsidiary levels of an organization. Offeror’s 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 direction and control. Offeror’s are responsible for the thoroughness and completeness of each subcontractor’s submission. Response 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 intelligence 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.

All selected Offerors 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.

Offerors shall complete Section 7.5.17 in 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 Government reserves the right to prohibit individuals who are U.S. citizens from all or certain aspects of the work to be performed under this Contract.

7.6.15 Contracting Officer’s Security Representative Clause

The Contracting Officer’s Security Representative (COSR) is the designated security representative of the Contracting Officer and derives 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 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 Joann Saunders and can be reached on (202) 220-9230.

7.6.16 Acquisition Risk Question

1. In the aggregate, does any foreign person own, or have any type of ownership of 5 percent or more in your organization in either a direct or indirect way?

If yes, please list all parents, both foreign and domestic, by name and address, through to the ultimate parent, to include percentage of ownership. This should include any and all foreign investments in the entity. Include country of origin. Include any special right or privileges involved in the ownership. Foreign person is defined as any foreign interest and any U.S. Person effectively owned or controlled by a foreign interest. Foreign interest is defined as any foreign government, to include any agency or representatives of that government; or any form of business or legally organized entity chartered or incorporated under the laws of any country other than the U.S. or its possessions; and any person who is not a citizen of the U.S.

2. Does your organization, either directly or indirectly, own 10 percent or more of a foreign interest?

If yes, please list all involved by name, address, and country, with percentage of ownership. Include the names of the personnel running the facilities.

3. Are there any non-U.S. citizens holding a position at the organization as either a corporate officer, member of the Board of Directors (or other similar governing body), or any other position such as executive/senior management personnel, partners, regents, or trustees?

Please list all corporate officers (Chairman of the Board, President, Chief Executive Officer, Vice-President, Secretary, Treasurer, Chief Information Officer, Chief Financial Officer, and General Counsel), executive personnel (Facility Security Officer) and all other Board of Director members by full legal name, title, date and place of birth, Social Security Number, and citizenship.

4. Does any foreign person or entity have direct or indirect ability to influence or control the appointment or tenure of the Board of Directors (or similar governing body); any other management positions; or the direction, control, or decisions of the organization?

Identify the individuals by full legal name, title, and citizenship. Provide a full explanation of the individual’s control or influence.

5. Does the organization have any type of contractual agreement or understanding with any foreign interest?

This would include licenses, distributorships, contracts, purchase orders, sales agreements, etc. For each instance, provide the name of the foreign entity, its country, the percentage of gross income derived, and the nature of the involvement including what type of technology or product is involved, whether the product or service is either defense or nuclear related, whether classified or export controlled information is involved, and whether there is compliance with all U.S. export laws. If not defense or nuclear related, the listing of contracts can be done by listing similar equipment by country and percentage.

6. Does the organization have any indebtedness, liabilities, obligations, or act as a guarantor to any foreign interest?

If yes, give details concerning with whom the debt or guarantee is, where they are located, the conditions or covenants regarding the debt, and what collateral, if any, was pledged. If stock or assets are pledged, provide copies of the pertinent documents. Provide details on procedures for default of the loans. The answer must be answered affirmatively even if the entity holding the loan is a U.S. entity of a foreign institution.

7. In the last fiscal year, did the organization derive 5 percent or more of its income from one single foreign source, and/or more than 30 percent aggregately from numerous foreign sources?

If yes to either portion, please identify the sources from which the income is derived, to include name of entity, country, and percentage. Identify whether classified or export controlled or export controlled information or technology is involved. If so, attach copies of licenses.

8. 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.

9. 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 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 this criteria.