addsecreqs BIDDERS - Geneva -Chiller - JAN 2023.pdf

Additional Security Requirements Purchase Order Number: 19SZ35-23-Q-0001 To perform annual preventative maintenance services on the chillers at the U.S. Mission to the UN in Geneva, Switzerland

GENERAL

This Purchase Order includes security provisions that are contained in the attached DD Form 254, Contract Security Classification Specification, issued by the Bureau of Diplomatic Security, DS/IS/IND. Contractor must maintain a Secret Facility Clearance issued by Defense Counterintelligence and Security Agency (DCSA) for period of performance.

Public Release of Information There shall be no press release of information or photographs, to include on company websites, concerning any aspect of the design, construction, or other services relating to this contract, or other documents resulting there from, without the written prior approval of the Contracting Officer. The contractor shall include the substance of this provision in all subcontracts hereunder.

1. PERSONNEL REQUIREMENTS

Personnel Clearances Contractor personnel requiring unescorted access to CAA spaces at overseas posts, or access to classified information domestically or overseas, shall possess SECRET personnel security clearances issued by DCSA prior to contract performance.

Visit Authorization Requests Visit Authorization Requests (VARs) for all cleared personnel performing on this task at DOS locations, domestically and overseas, are to be sent via e-mail to DSINDOBOVARS@state.gov (with the DS/IS/IND POC copied). A VAR is valid for 12 months; an updated VAR is required 30 days prior to the current VAR expiring.

Country Clearance for Travel to Post/Site The Contractor must submit to the COR a Country Clearance Request (CCR) for all Contractor and all subcontractor employees visiting the site short term (less than one month) or deploying to the site long term (in excess of one month). CCRs shall be submitted for both cleared and uncleared personnel. The Contractor shall submit CCRs in the format required by the COR. Submission of specified form will result in official notification to the Regional Security Officer (RSO) of contractor personnel arriving at Post, dates of visit or duration of stay, purpose of visit or employee’s position with Contractor, security clearance level, and passport or other identifying information. CCRs shall be submitted to COR and the VARs to DS/IS/IND at least 14 business days prior to site arrival date. Admission to Post by the RSO and appropriate badging for access are dependent upon receipt of Country Clearance Requests and VARs prior to arrival.

Standards of Conduct Contractor personnel assigned to the contract shall observe appropriate standards of conduct and other appropriate Departmental regulations, as well as any special standards of conduct promulgated by the local embassy/post to govern U.S. Government personnel. Non-adherence to the provisions of the above may subject Contractor personnel to removal at the Contractor’s expense.

Removal of individual Contractor employees for cause A determination to remove a Contractor employee from Post, or from contract performance at a domestic facility, due to misconduct or unsuitability may involve, but is not limited to, the following types of misconduct or delinquency that may be documented by the Regional Security Officer or DS/IS/IND:

Notoriously disgraceful conduct, to include the frequenting of prostitutes, engaging in public or promiscuous sexual relations, spousal abuse, neglect or abuse of children, manufacturing or distributing pornography, entering into debts the employee could not pay, or making use of one’s position or immunity to profit or to provide favor to another or to create the impression of gaining or giving an improper favor.

Failure to report notoriously disgraceful conduct and/or non-compliance of other employees (DoS, Contractor or foreign national) in accordance with existing Post and Department of State policies and regulations.

Neglect of duty, unsatisfactory performance, unreasonable delays or failure to carry out assigned tasks, conducting personal affairs during official time, refusing to render assistance/cooperate in upholding the integrity of the objectives of this contract.

Falsification or unlawful concealment, removal, mutilation or destruction of any document or record, or concealment of material facts by willful omissions from documents or records. Improper use of credentials, badges or official papers.

Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Participation in disruptive activities that interfere with the normal efficient operations of the worksite.

Theft, vandalism, immoral conduct, or any other criminal action under U.S. or host country law.

Selling, consuming or being under the influence of drugs, or other illegal substances that produce similar effects.

Abuse of alcohol.

Any evidence that would indicate that the individual is guilty of security violations including black market dealings, currency manipulation, violations of the post contact policy regarding criteria country nationals, espionage or treason.

Noncompliance with post security and reporting policies.

2. BRIEFING AND REPORTING REQUIREMENTS:

Security Briefings All U.S. citizens will be required to attend Contractor-provided initial, pre-deployment, and continuing security awareness briefings regarding policies and procedures for the protection of classified, SBU and unclassified information, and the contractual security requirements contained in this Attachment to the DD Form 254. Contractor shall maintain a copy of signed briefing acknowledgements for each employee performing on the contract.

Upon arrival at an overseas Post/Site, all American personnel will be required to attend initial and subsequent periodic security briefings by the RSO, or designee. All personnel must attend a debriefing by the RSO, or designee. Additional debriefing may be requested by Diplomatic Security, either at post/site prior to departure and/or at the Contractor's location.

Personal (unofficial) travel outside of the project country Cleared contractor personnel must report all unofficial travel to the RSO one week prior to departure. RSO will arrange appropriate travel briefing/debriefing through the RSO when the itinerary includes transit through or visit to a Prohibited Countries List country. Domestically, contractors should report unofficial travel which includes transit through or visit to a Prohibited Countries List country to DS/IS/IND.

Suspicious Contact Reports (SCRs)

Any contact with host or third country nationals that seems suspicious (such as undue curiosity as to the purpose of presence in country, requests for information regarding the project or project personnel), or attempts to establish suspicious recurring contact beyond routine professional or personal services, shall be reported immediately to the RSO. Reporting of suspicious contacts requires filing a DS-1887 form, which can be obtained from the RSO. When completed, the form should be returned to the RSO for any necessary investigative action and for submission to Diplomatic Security’s Counterintelligence Division (DS/CI).

Additionally, the company FSO shall submit a Suspicious Contact Report to the DCSA Industrial Security Representative (in accordance with the NIPSOM) and DS/IS/IND.

Reporting of suspicious incidents occurring at off-site locations or during travel to/from the project site Avoid discussing project and post activities while not on the site, to include in hotel rooms, restaurants and all other public places. Report any suspicious or actual incidents, any contact with the local authorities, or undue attention or surveillance of project personnel or the project site.

Foreign Contact Reporting All contractors at the project site must adhere to the foreign contact reporting requirements specific to each project site, as briefed by the RSO, which may include all unofficial contact with nationals from specific HUMINT threat countries, the reporting of close and continuing social contact with foreign nationals, co-habitation with foreign nationals, and non-project related personal business and/or financial relationships with any foreign nationals. Reporting of foreign contacts requires filing a DS-1887 form, which can be obtained from the RSO. When completed, the form should be returned to the RSO for any necessary investigative action and for submission to Diplomatic Security’s Counterintelligence Division (DS/CI). If investigative action results in information of which the contractor should be aware, the reporting contractor will be briefed by the RSO.

Reporting Marriage, Intent to Marry, Cohabitation or Other Continuing Bonds of Affection with Foreign Nationals Cleared contractor personnel working at DoS locations must report marriage, impending marriage, cohabitation and other continuing bonds of affection with foreign nationals to the RSO and DS/IS/IND, in accordance with 12 FAM 270.

Reporting Adverse Financial Situation and Certain Arrests Cleared contractor personnel working on DoS contracts must report to DS/IS/IND, through their Facility Security Officer, wage garnishments, credit judgments, repossessions, tax liens, bankruptcies, and/or intentions to file for bankruptcy. Cleared contractors must also report adverse involvement with law enforcement agencies to include: Arrests, other than minor traffic violations, for which a fine or forfeiture of $150 or more was imposed; or arrests for “driving under the influence” or “driving while intoxicated.” Arrests must be reported in a timely fashion (i.e., within 72 hours). Reporting must not be delayed pending the conclusion of any judicial action. Contractors arrested or detained overseas for reasons listed above, or for any reason, must report to RSO and DS/IS/IND.

Dual Citizenship Cleared contractors contemplating applying for citizenship with a foreign country must report this fact to their Contracting Officer’s Representative (COR) and DS/IS/IND when any act is initiated in furtherance of obtaining foreign citizenship.

3. SUBCONTRACTING REQUIREMENTS:

DD Forms 254 for Subcontractors The prime Contractor must request a DD Form 254 for all cleared subcontractors performing on this contract. Requests for DD Forms 254 must be forwarded via e-mail to DS_IND_OBOTeam@state.gov, prior to Subcontractor (or prospective subcontractor) access to any classified information or deployment to the site. DD Forms 254 issued by DS/IS/IND will be forwarded to the prime contractor for distribution to subcontractors. Contractors are not authorized to issue their own subcontractor DD Forms 254.

4. HANDLING/MARKING REQUIREMENTS [CLASSIFIED & SENSITIVE BUT UNCLASSIFIED (SBU)]

Security Classification Guide All documents, such as blueprints, drawings, sketches, notes, surveys, reports, photographs, exposed film, negatives, specifications, scopes of work, lists of Government Furnished Equipment and any other material received or generated in conjunction with this task, shall be classified, marked and handled in accordance with the Security Classification Guide (SCG) for Design and Construction of Overseas Facilities dated July 2018, which identifies the specific types of information associated with diplomatic construction projects, and the level of classification for such information.

Protection of Classified and SBU Information The Contractor and all Subcontractors must comply with all Department of State (DOS) and Department of Defense (DOD) requirements relating to the protection of classified and Sensitive But Unclassified (SBU) information and cooperate fully in all security matters that may arise relating to this contract.

The loss, compromise, or suspected compromise or loss of any classified information (documents, notes, drawings, sketches, surveys, reports, exposed film, negatives, or photographs) or ANY information which may adversely affect the security interests of the United States, must be immediately brought to the attention of the Contracting Officer, the DoS COR listed on the reciprocal DD 254 and DS/IS/IND, point of contact listed at the bottom of Item 13 of the reciprocal DD Form 254.

Disposition and Retention of Task/Project Information All classified and SBU material, including copies and reproductions and classified information stored on approved IS (Information Systems) and classified or SBU electronic media, received or generated in the performance of this task, shall be returned to the CO upon completion of the project unless the material has been destroyed or retention of the material is authorized in accordance with the National Industrial Security Program Operating Manual (NISPOM). Retention authority for classified material can be requested from DS/IS/IND, which shall coordinate an approval letter with the CO. Classified and SBU material shall be returned or destroyed within 120 days after final delivery of project drawings and specifications and any other services; or 120 days after completion or termination of the project.

Project Generated Information at Contractor’s Facility – Disposal/Destruction Plan The Contractor FSO shall develop a waste paper disposal/destruction plan for all task related paper documents and drawings generated at their facility. Waste paper includes any DoS, OBO, contract or project documentation related to contract personnel matters, working papers, contract deliverables, submittals, correspondence, schedules, warranty and equipment manuals, any drawings regardless of sensitivity and all other task related paper. All paper produced in Contractor and subcontractors’ offices relating to this contract shall be collected separately from refuse, garbage and material, and disposed of in accordance with the plan. Contractor shall provide appropriate means of disposal for both Sensitive But Unclassified and classified information. Sensitive But Unclassified information must be destroyed by cross-cut shredder (residue must be 1/32 inch width by ½ inch length or smaller), burned beyond reconstruction, or disintegrated, just as classified information is required to be destroyed. Task related waste paper may not be put into commercial trash containers for removal.

Project Related Classified Working Papers, As-Builts and other Classified Generated at Post Contractors are not authorized to hand-carry classified material overseas. Classified information required for use at Post will be provided by the OBO COR. Any classified information to be generated electronically at Post must be generated in DoS secure spaces on secure computers, coordinated with RSO. Project related classified material generated while at the Post must be delivered to the RSO for transmission to OBO by classified Diplomatic Pouch or authorized DoS courier. Secure fax or DoS Classified LAN (CLAN) can be utilized when coordinated with the COR. All classified materials given to the RSO for transmission must be appropriately marked with appropriate classification markings (unclassified, SBU, SBU/NOFORN, Confidential or Secret), government warnings against reproduction and distribution and bear the proper name of the site/project. Unmarked submittals shall be returned to the prime for classification and marking prior to transmission. Upon delivery of the classified material to OBO, the OBO COR will arrange for the return of the classified material to the contractor’s cleared facility via appropriate means.

All project related working papers and drawings to be removed from the Post shall be reviewed by RSO or designated Contractor document security manager one (1) day prior to departure, to ensure that classified material has not been generated and is not hand-carried back to Contractor facility.

Only SBU and unclassified project documentation may be hand-carried back to contractor facility for storage/disposal. Contractor shall maintain positive, personal control over documentation at all times.

Photographs Photographs of any diplomatic overseas building or facility must be authorized in advance by the DoS Regional Security Officer (RSO), or DoS COR, who will establish any controls, limits, and/or restrictions as necessary. Exposed film depicting any Controlled Access Area and/or sensitive equipment must be developed in a U.S.- controlled environment. The contractor shall submit all CAA photographs taken by digital cameras and stored on electronic media to the RSO or COR for review. Written approval for removal from the site must be obtained by the Government reviewer. Any photographs or storage media (memory cards) determined to be classified shall be turned over to the RSO to forward via classified Diplomatic Pouch. No further dissemination, publication, duplication, or other use beyond that which was requested and approved is authorized without specific, advance approval from DS. DS reserves the right to demand retention of all copies of said photographs and/or negatives, following fulfillment of the previously authorized usage.

5. TRANSMISSION REQUIREMENTS FOR SBU:

Transmission of Sensitive But Unclassified (SBU) SBU information via the Internet is prohibited, in accordance with the Security Classification Guide (SCG) for Design and Construction of Facilities Overseas, dated Brie. SBU information can be transmitted via ProjNet, mail, GSA Schedule 48 commercial carriers or fax, as outlined in the SCG, or hand-carried by authorized contractor personnel.

When it is deemed necessary to take personal or contractor-owned laptops, Personal Digital Assistants (PDAs), smart phones (such as BlackBerrys), cell phones, digital cameras or any other electronic processing media outside a cleared facility, or overseas, to process or store any DoS project information (on or off the site), the following guidelines must be adhered to:

The device must have its hard drive encrypted using any product on the IT CCB list, or any NIST approved product. (NIST approved products can be found at http://csrc.nist.gov/groups/STM/cmvp/validation.html) An overwrite utility software must be used to remove all previous data in the following manner: A first overwrite pass using the number '1'; A second overwrite pass using the number '0'; and a third overwrite pass using ANY character. Transmission/storage of classified information on laptops, PDAs, smart phones or digital cameras is not authorized.

Electronic media which contains DoS project information MUST be hand-carried at all times, both domestically and overseas. This equipment shall NOT be checked with luggage. It must remain in the carrier’s possession at all times. Any loss or compromise of electronic media containing project information must be reported to DS/IS/IND immediately.

Separate packaging of electronic media and hardcopy material The Contractor and any associated subcontractors will package all paper documents and drawings separately from electronic media, regardless of its classification. Specifically, electronic media (such as CDs) will be transported in electronic media packages that contain no other hard copies of any kind, beyond that of transfer/receipt documentation. Paper drawings and documents will be packaged separately.

Double-wrapping and addressing of packages

For all shipping methods, the prime contractor and any associated subcontractors will ensure that all project documentation, regardless of classification, is double-wrapped with both layers addressed properly and labeled with the sender’s address. Document tracking receipts should be packaged inside the inner wrapping with the materials the receipt describes. No indication of the classification or sensitivity should appear on the outer wrapper. Unclassified and SBU packages addressed to overseas facilities or sites may not have the words “blueprints” or “drawings” displayed on the outer wrapper.

Packaging heavy materials in appropriate containers In applying the above double-wrapping and addressing procedures, items sent via US mail or commercial carrier weighing more than one (1) pound shall be double wrapped and then the package shall be enclosed within an appropriately sized double-walled box or, for rolled drawings, a manufactured mailing tube.

Unclassified and SBU packages addressed to overseas facilities or sites may not have the words “blueprints” or “drawings” displayed on the outer wrapper.