Combined_Synopsis_Solicitation_24-PR-002441 07092024 POST.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

SECTION B SOLICITATION/ CONTRACT FORM

General Information

Document Type: Combined Solicitation/Synopsis

Solicitation Number: 24-PR-002441

Date: 07/09/2024

Posted Date: 07/09/2024

Response Date: 07/23/2024

Product or Service Code: Z1JZ - Maintenance of Misc. Buildings

Set Aside: 100% Small Business Set Aside

NAICS Code: 561210 – Facilities Support Services

Contracting Office Address

U.S. Department of Justice

Federal Bureau of Investigation

Facilities Contracts Unit, Room 6329

935 Pennsylvania Avenue NW

Washington, D.C. 20535

B.1 Description

This is a combined synopsis/solicitation for a commercial service prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6 “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” and FAR Part 15.101-1 Best Value / Trade off source selection process and as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued. This is a total Small Business Set Aside.

This solicitation is a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 effective 22 May 2024. The complete text of any of the clauses and provisions may be accessed in full text at www.acquisition.gov.

The FBI Criminal Justice Information Services (CJIS) Division is seeking a hybrid contract of fixed priced, Fixed Price/Level of Effort and Cost contract. This contract will be for a base period of performance (12 months) and four (12 month) option periods for the Operations and Maintenance (O&M) of the Acuity Brands Lighting nLight and Fresco lighting control systems.

http://www.acquisition.gov/

Combined Solicitation/Synopsis Request For Proposal 24-PR-002441

The objective is to provide the FBI with:

CLIN X001: Quarterly on-site services for diagnostics, training, configuration changes, best practice design-assistance and annual software/firmware updates typical of maintaining the lighting control systems. Service response time is no more than 72-hours to site. (Fixed Price)

CLIN X002: Additional 1-day (8 hrs) service calls may be needed for lighting control system expansions or emergency diagnostics/repairs. Please provide a fixed price, daily/hourly rate. (Fixed Price/Level of Effort, Hourly Rate)

CLIN X003: ODC for replacement parts for repairs identified in CLIN X001 or CLIN X002 or by the government. (COST Reimbursement)

CLIN X004: Travel to/from CJIS Campus in Clarksburg, WV 26306. All travel shall be in accordance with the Federal Travel Regulations. (COST Reimbursement)

The scope of this service contract includes the entire FBI CJIS Campus.

The associated North American Industrial Classification System (NAICS) code for this procurement is 561210 – Facilities Support Services, size standard is $41.5 million.

The FBI’s CJIS Division is a secured facility, operational 24/7, with strict requirements for access and movement within buildings of both persons and vehicles. A background investigation will be conducted on all contractor personnel prior to granting access to the site. 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.

The FBI does not intend to reimburse recipients for this RFP for any cost incurred in preparing a proposal. Prior to the preparation of your proposal, please read all instructions contained herein.

A Contractors proposal shall be clearly stated, complete and provide concise delineation of its capabilities and services to satisfy this RFP.

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

B.2 SCHEDULE OF PRICES/COSTS

All interested companies shall provide propsal for the following:

ITEM SUPPLIES/SERVICES Qty Unit Unit Price Net Amount

BASE

x001 Services On-Site 4 Quarterly $_________ $__________

Contract type: FIRM FIXED PRICE FOB: Destination Period of Performance: 12 months Descriptive Data:

Quarterly visits to FBI CJIS Campus for on-site services to include diagnostics, training, configuration changes, best practice design-assistance and annual software/firmware updates typical of maintaining the lighting control systems. On-site services shall be provided at the FBI CJIS Campus located in Clarksburg, WV.

x002 Services On-Site 1 HOURLY RATE $_______ $_________ Contract type: FIRM FIXED PRICE, LEVEL OF EFFORT FOB: Destination Period of performance: 12 months Descriptive Data:

Additional service calls (estimated at no more than 4 times per year) as needed for lighting control system expansions or emergency diagnostics/repairs. Service response time is no more than 72-hours to site for emergency services. On-site services shall be provided at the FBI CJIS Campus located in Clarksburg, WV. The hourly rate shall be fixed, the number of hours will be negotiated for each service call.

ITEM SUPPLIES Qty Unit Unit Price Net Amount x003 ODC 1 NTE $ 10,000.00 $10,000.00 Contract type: Cost Reimbursement, No Profit or Fee FOB: Destination Period of performance: 12 months Descriptive Data:

This line is to be used for authorized expenses associated with replacement parts, materials, or supplies as needed. Prior approval by the COR/CO is required.

Not To Exceed amount of $10,000.00 is provided for estimating purposes.

x004 ODC 1 trip $_______ $_________ Contract type: Cost Reimbursement, No Profit or Fee

FOB: Destination Period of performance: 12 months Descriptive Data:

This line is to be used for TRAVEL and authorized travel related expenses in accordance with the Federal Travel Regulations. Please price the cost of 1 round-trip from your location to the FBI CJIS Division Campus, 1000 Custer Hollow Road, Clarksburg, WV 26306.

OPTION 1

x001 Services On-Site 4 Quarterly $_________ $__________

Contract type: FIRM FIXED PRICE FOB: Destination Period of Performance: 12 months Descriptive Data:

Quarterly visits to FBI CJIS Campus for on-site services to include diagnostics, training, configuration changes, best practice design-assistance and annual software/firmware

Contract type: FIRM FIXED PRICE, LEVEL OF EFFORT FOB: Destination Period of performance: 12 months Descriptive Data:

Additional service calls (estimated at no more than 4 times per year) as needed for lighting control system expansions or emergency diagnostics/repairs. Service response time is no more than 72-hours to site for emergency services. On-site services shall be provided at the

Contract type: Cost Reimbursement, No Profit or Fee FOB: Destination Period of performance: 12 months Descriptive Data:

This line is to be used for authorized expenses associated with replacement parts, materials, Contract type: Cost Reimbursement, No Profit or Fee

FOB: Destination Period of performance: 12 months Descriptive Data:

This line is to be used for TRAVEL and authorized travel related expenses in accordance with

OPTION 2

x001 Services On-Site 4 Quarterly $_________ $__________

Contract type: FIRM FIXED PRICE FOB: Destination Period of Performance: 12 months Descriptive Data:

Quarterly visits to FBI CJIS Campus for on-site services to include diagnostics, training, configuration changes, best practice design-assistance and annual software/firmware

Contract type: FIRM FIXED PRICE, LEVEL OF EFFORT FOB: Destination Period of performance: 12 months Descriptive Data:

Additional service calls (estimated at no more than 4 times per year) as needed for lighting control system expansions or emergency diagnostics/repairs. Service response time is no more than 72-hours to site for emergency services. On-site services shall be provided at the

Contract type: Cost Reimbursement, No Profit or Fee FOB: Destination Period of performance: 12 months Descriptive Data:

This line is to be used for authorized expenses associated with replacement parts, materials, Contract type: Cost Reimbursement, No Profit or Fee

FOB: Destination Period of performance: 12 months Descriptive Data:

This line is to be used for TRAVEL and authorized travel related expenses in accordance with

OPTION 3

x001 Services On-Site 4 Quarterly $_________ $__________

Contract type: FIRM FIXED PRICE FOB: Destination Period of Performance: 12 months Descriptive Data:

Quarterly visits to FBI CJIS Campus for on-site services to include diagnostics, training, configuration changes, best practice design-assistance and annual software/firmware

Contract type: FIRM FIXED PRICE, LEVEL OF EFFORT FOB: Destination Period of performance: 12 months Descriptive Data:

Additional service calls (estimated at no more than 4 times per year) as needed for lighting control system expansions or emergency diagnostics/repairs. Service response time is no more than 72-hours to site for emergency services. On-site services shall be provided at the

Contract type: Cost Reimbursement, No Profit or Fee FOB: Destination Period of performance: 12 months Descriptive Data:

This line is to be used for authorized expenses associated with replacement parts, materials, Contract type: Cost Reimbursement, No Profit or Fee

FOB: Destination Period of performance: 12 months Descriptive Data:

This line is to be used for TRAVEL and authorized travel related expenses in accordance with

OPTION 4

x001 Services On-Site 4 Quarterly $_________ $__________

Contract type: FIRM FIXED PRICE FOB: Destination Period of Performance: 12 months Descriptive Data:

Quarterly visits to FBI CJIS Campus for on-site services to include diagnostics, training, configuration changes, best practice design-assistance and annual software/firmware

Contract type: FIRM FIXED PRICE, LEVEL OF EFFORT FOB: Destination Period of performance: 12 months Descriptive Data:

Additional service calls (estimated at no more than 4 times per year) as needed for lighting control system expansions or emergency diagnostics/repairs. Service response time is no more than 72-hours to site for emergency services. On-site services shall be provided at the

Contract type: Cost Reimbursement, No Profit or Fee FOB: Destination Period of performance: 12 months Descriptive Data:

This line is to be used for authorized expenses associated with replacement parts, materials, Contract type: Cost Reimbursement, No Profit or Fee

FOB: Destination Period of performance: 12 months Descriptive Data:

This line is to be used for TRAVEL and authorized travel related expenses in accordance with

SECTION C SYNOPSIS - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

This RFP is being issued to establish a single award contract to provide for the operations and maintenance (O&M) for the Acuity Brands Lighting nLight and Fresco lighting control systems installed on the CJIS Division Campus in Clarksburg, WV. All services shall be performed in accordance with Statement of Work (SOW), (Attachment 1) and negotiated terms and conditions resulting from this RFP to be issued on a Standard Form 1449.

Period of Performance shall be on or about the following:

• Base Year: August 15, 2024 through August 14, 2025

• Option Year 1:August 15, 2025 through August 14, 2026

• Option Year 2:August 15, 2026 through August 14, 2027

• Option Year 3:August 15, 2027 through August 14, 2028

• Option Year 4:August 15, 2028 through August 14, 2029

This requirement is subject to the Service Contract Act.

Wage Determination No. 2015-4353 dated 05/13/2024 (Attachment 2).

Place of Performance

Address: FBI CJIS Division

1000 Custer Hollow Road

Postal Code: Clarksburg, WV 26306

Country: UNITED STATES

SECTION D PACKAGING AND MARKING (RESERVED)

SECTION E INSPECTION AND ACCEPTANCE (RESERVED)

The Contractor shall submit a written inspection report of the findings and recommendations for repairs/replacement to the COR and CO within 30 days after the annual service call. The

Government shall review and either accept or reject the report within 10 days. If rejected by the

Government, the contractor shall respond and resubmit accordingly.

SECTION F DELIVERIES OR PERFORMANCE

F.1 DELIVERIES

F.1.1 SUBMISSION OF DOCUMENTS AND NOTES

The Contractor shall forward a copy of the documentation generated as a result of this contract to the Contracting Officer Representative identified herein. This information shall include but is not limited to annual report, a proposal for any repairs recommended resulting from the annual service call and may include special reports when generated/requested.

F.2 PERFORMANCE

Deliverables:

• Quarterly Report on all Lighting Control Systems.

• Recommendations for Repairs or Replacements

• Proposal for the repairs/replacements to include a proposed work schedule and any materials needed with lead times, etc.

F.2.1 KEY PERSONNEL

The Government does not intend to dictate the composition of the ideal team to perform this contract. Therefore, the Government encourages and will evaluate all personnel proposed as

Key Personnel.

The offeror’s proposals shall provide documentation to show that the technicians that shall be working on the CJIS Division’s lighting control systems are factory trained and certified by

Acuity Brands Lighting.

The Government desires that Key Personnel be assigned for the duration of the contract. Key

Personnel may be replaced or removed but subject to Key Personnel Substitution.

The contractor shall utilize the personnel named as Key Personnel for the period of time specified to perform services required under this effort. The Contractor may not remove from the contract any key personnel or subcontractor key personnel being utilized by the contractor for the duration of the contract. In the event that personnel named in the Proposal are unable to perform their duties due to death, illness, resignation, or similar reasons, the Contractor shall immediately notify the

CO in writing of the inability of the individual to perform their duties. The Contractor shall promptly submit to the FBI CO and COR, in writing, the name and qualifications of proposed replacement subject to Special Contract Requirements, Key Personnel Substitution.

REMOVAL OF KEY PERSONNEL

The government reserves the right to request the removal of key personnel, subcontractor key personnel or subcontractor(s) at any time during the life of the contract. The Contractor shall provide selected replacement(s) within 10 calendar days unless otherwise extended by the CO.

KEY PERSONNEL SUBSTITUTION

Key Personnel are those personnel considered essential to successful contractor performance.

They include all personnel providing supervision or critical technical oversight. The contractor shall not replace any personnel designated as Key Personnel without the written notification to the

CO. The Contractor shall notify no later than 10 calendar days in advance of any proposed substitution and shall include justification (including resume(s) and labor category of proposed substitution(s)) in sufficient detail to permit evaluation of the impact on contract performance. The

Government will approve initial contactor Key Personnel at time of award. Replacement Key

Personnel shall be approved via modification to the contract.

Prior to utilizing other than personnel specified in proposals in response to this Contract, the contractor shall notify the Government CO and the COR. Substitute personnel qualifications shall be equal to, or greater than, those of the person(s) being substituted. If the Government CO and the COR determine that the proposed substitute personnel are unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the contract, the contractor may be subject to default action.

F.2.2 FEDERAL HOLIDAYS

The following days are considered Federal holidays and shall be observed by the Contractor(s) in performance of work under the Contract:

• New Year’s Day (January 1)

• Martin Luther King, Jr., Day (3rd Monday in January)

• Washington’s Birthday (3rd Monday in February)

• Memorial Day (Last Monday in May)

• Juneteenth (June 19th)

• Independence Day (July 4th)

• Labor Day (1st Monday in September)

• Columbus Day (2nd Monday in October)

• Veterans Day (November 11)

• Thanksgiving Day (4th Thursday in November)

• Christmas Day (December 25th)

If any of the above holidays falls on a Saturday, then the preceding Friday is the holiday. If any of the above holidays falls on a Sunday, then the following Monday is the holiday.

In addition to the days designated above as holidays, the Government observes the following as non-working days:

• Any other day designated by Federal Statute

• Any day designated by Executive Order

• Any other day designated by the President’s Proclamation

Contractor personnel shall work in accordance with the Government’s designated holiday schedule unless otherwise stated specifically in the Contract.

NOTE: Additional non-working days are sometimes authorized, but these are regional in nature

(e.g., Inauguration Day in Washington, DC) and not included as Federal holidays for the purposes of this contract.

SECTION G CONTRACT ADMINISTRATION DATA

G.1 CONTRACTOR RESPONSIBILITIES

The contractor shall obtain all necessary licenses and/or permits required to perform this work.

He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of West Virginia. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

G.2 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

E-mail address:

DUNS:

b. GOVERNMENT: Federal Bureau of Investigation

Criminal Justice Information Services Division

Attn: Mckenzie Bucher, Module E-2

Contracting Officer

1000 Custer Hollow Road

Clarksburg, WV 26306

E-Mail: mpbucher@fbi.gov

G.3 CONTRACTOR REMITTANCE ADDRESS

All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018)

G.4 INVOICES

Billing shall be made monthly, in arrears and once work is accepted by the Government. Invoices shall contain all required price and cost documentation, as applicable. Invoices shall be neat and legible and clearly state the labor hours, repair parts and associated costs, and any other required information, as applicable. See FAR 52.212-4 Contract Terms and Conditions -- Commercial

Items (Oct 2018).

GOVERNMENT INVOICE ADDRESS:

Invoices shall be submitted to the Contracting Officer's Representative (COR) designated in this contract to receive invoices. A proper invoice shall include the information required by Section I, Clause 52.232-27, Prompt Payment for Construction Contracts. (JAN 2017), which includes the following:

(1) Name and address of the Contractor.

(2) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(3) Contract number and contract line item number for supplies delivered or services performed.

(4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(6) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(8) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(9) Electronic funds transfer (EFT) banking information.

It shall be the Contractor's responsibility to include this information on each and every invoice when invoicing for full or partial services performed. If an invoice does not contain the above information, the Bureau reserves the right to reject the invoice(s) as IMPROPER and notify the Contractor within seven (7) days after receipt of the invoice at the designated billing office pursuant to the above referenced clause. (Re-submission of a PROPER invoice(s) will be required.)

INVOICE SUBMISSION PROCESS:

The Federal Bureau of Investigation (FBI) requires vendors to submit invoices and supporting documentation electronically through the Invoice Processing Platform (IPP). IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s

Bureau of the Fiscal Service (Treasury) in partnership with the Federal Reserve Bank of St.

Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. To learn more about IPP, please visit

IPP.gov.

Invoice Submission:

Vendors are required to create and submit electronic invoices using the IPP system. Invoices submitted by email will not be accepted. This requirement applies immediately upon contract award. For contract-specific questions, please contact the designated contracting officer for your contract.

Obtaining IPP Access:

If your company has already enrolled in IPP: You will not be required to re-register. Please contact your company's IPP account administrator so that he/she may add you as an additional user to your company’s IPP Collector account.

If your company has NOT enrolled in IPP: Your company will be auto-enrolled for IPP using information from your SAM.gov account. Your company's Primary Electronic Business Point of

Contact (POC) will be designated as an IPP administrator. This POC will be contacted by email to register when the FBI initiates the enrollment process through IPP. To prevent enrollment delays, please ensure your designated Electronic Business POC in SAM.gov is up to date.

Your company’s IPP administrator will be responsible for initial account registration as well as creating and managing your company’s IPP users and permissions. Please note that due to U.S.

Department of the Treasury guidelines, IPP cannot set up User IDs using a shared email address.

How to register for IPP:

1. Once FBI initiates the enrollment process, your company’s designated Electronic Business

POC in SAM.gov will receive two emails from IPP Customer Support

(ipp.noreply@mail.eroc.twai.gov):

• The first email contains the initial administrative IPP User ID

• The second email, sent within 24 hours of receipt of the first email, contains a temporary password

• You must log in with the temporary password within 30 days

2. Registration is complete when the initial administrative user logs into the IPP web site with the User ID and password provided and accepts the IPP rules of behavior. Additional user accounts, including administrators, can be created after initial login.

Training

Vendor training materials, including a first-time login tutorial, are available on the IPP.gov website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities ranging from creating and submitting an invoice to setting up email notifications.

Additional Support

IPP Customer Support Team is available Monday through Friday from 8:00 am to 6:00 pm

EST

•Phone: (866) 973-3131 or Email: IPPCustomerSupport@fiscal.treasury.gov

•For answers to frequently asked questions, visit the Vendor FAQ page on the IPP.gov web site.

G.5 Tax Requirements

The FBI CJIS Division Site is located within the city limits of Clarksburg, West Virginia. For any work performed on the site the Contractor shall be responsible for obtaining a City of Clarksburg, WV, business license in order to meet Business and Occupation Tax obligations. The Contractor shall include these fees and taxes in their bid.

For further information concerning registration and tax requirements, offerors may contact the following:

City of Clarksburg Tax and Fee Office

Suzette Wagner

Tax and Fee Collector

(304) 624-1640

Correspondence regarding city taxes and fees may be forwarded to the following:

Office of the Director of Finance

City of Clarksburg

222 West Main Street

Clarksburg, WV 26301

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 PROCUREMENT-SENSITIVE AND SENSITIVE INFORMATION NON-

DISCLOSURE AGREEMENT

During the performance of this Contract, certain efforts may involve projects containing or near procurement-sensitive and/or FBI mission-sensitive information which will be available only to the personnel that has a need to know. Under such circumstances, the firm’s employees and subcontractor’s employees shall complete a Non-Disclosure between themselves, the firm, and the

FBI.

H.2 COMMERCIAL ADVERTISING

The offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she shall not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the FBI endorses a product, project or commercial line of endeavor.

H.3 ANNOUNCEMENT OF PROJECTS

The Contractor is expressly forbidden from notifying any outside party of any details concerning any project on which the Contractor is providing any service to the FBI as a result of this contract, without the expressed written approval of the CO. The Contractor shall ensure that this clause is incorporated in agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

H.4 ORGANIZATIONAL CONFLICT OF INTEREST AND NON-DISCLOSURE

REQUIREMENTS

ORGANIZATIONAL CONFLICT OF INTEREST

If the contractor is currently providing support or anticipates providing support to the FBI CJIS

Division or Finance Division that creates or represents an actual or potential organizational conflict of interest (OCI), the contractor shall immediately disclose this actual or potential OCI in accordance with FAR Subpart 9.5. The contractor is also required to complete and sign an

Organizational Conflict of Interest Statement in which the contractor (and any subcontractors, consultants or teaming partners) agrees to disclose information concerning the actual or potential conflict with any proposal for any solicitation relating to any work in the Contract. All actual or potential OCI situations shall be handled in accordance with FAR Subpart 9.5. Failure to comply with this sub-section may result in the contractor not being considered for award.

NON-DISCLOSURE

Do not release to any third party, any information pertaining to-any individual which is protected by the Privacy Act of 1974. This includes, but is not limited to: social security number, home address, home telephone number, date of birth, personal information, and personal or disparaging remarks about the individual.

To the extent the Contractor is given access to LES, SBU, sensitive, for official use only, or proprietary technical information belonging to the Government. The Contractor must treat such information as LES, SBU, sensitive or for official use only and must not use or discuss this information unless directed by the Contracting Officer or authorized in writing by the COR.

H.5 CONTRACT SECURITY

Add the following paragraphs to FAR Clause 52.204-2:

All Contractor personnel shall be given escorted access by Government personnel for the duration of this service. Any additional Security Requirements as outlined below are subject to applicability based on the determination of the CO/COR.

Within five (5) days after award of the contract, the Contractor shall furnish to the COR the name, social security number, date of birth, place of birth, and present address of key management or supervisory personnel who shall require access to the FBI Facility. If any of these personnel have or have had security clearances, it should be noted along with the level of clearance and the granting authority.

Safety and Environmental Regulations:

▪ 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.

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

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.

▪ 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:

(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 pending the completion of the full investigative requirements, the scope of which will be at the discretion of the FBI.

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

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

(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

(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

H.6 SITE ACCESS

There are two access points to the CJIS Division: Jerry Dove Drive Entrance and the Custer

Hollow Road Entrance. Jerry Dove Drive Entrance is located west of I-79 exit 124, Jerry

Dove Drive. Custer Hollow Road entrance is located west of I-79 Exit 121, Meadowbrook

Road.

1. Cleared and badged Contractor personnel may access the site from either the

Jerry Dove Drive or the Custer Hollow Road entrance. Random personnel and vehicle property inspections will be conducted by FBI security personnel.

2. All deliveries/mail/courier shall access the site from Custer Hollow Road. All delivery personnel and vehicles shall undergo personnel and vehicle property inspections each time they enter the site.

3. All courier services shall deliver all packages designated for the contractor to the CJIS Division Service Center for processing prior to deliver to the contractor on-site office.

H.7 NORMAL WORKING HOURS

The FBI facility will be open to the contractor personnel between 7:00 a.m. and 3:30 p.m., Monday through Friday, excepting legal Federal holidays. Access will be denied at all other times except if alternate working hours are coordinated and approved through the COR.

Work on weekends or outside of Normal Working Hours will occur only when the COR approves. Requests for overtime and for access to the site outside of Normal Working Hours shall be made in writing to the COR not less than 5 working days in advance of need.

No photographs shall be taken by other than the COR. The Contractor is hereby advised that no photographs shall be taken by the Contractor of the job site or work in progress. The

Contractor shall ensure this clause is incorporated in any agreements reached with any subcontractor, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

Any person who knowing, willfully, of 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 law ( i.e., Privacy Act, Computer Fraud and Abuse Act, National

Security Act, or appropriate espionage statutes).

SECTION I - CONTRACT CLAUSES

FAR 52.252-2 – CLAUSE INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:

http://acquisition.gov/comp/far/index.html.

The following contract clauses apply to this acquisition:

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS–COMMERCIAL ITEMS (OCT

2018)

Clauses that are incorporated by reference FAR FAC Number 2024-05 dated 22 May 2024, have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Provision or Clause

52.203-3 Gratuities.

52.203-5 Covenant Against Contingent Fees.

52.203-7 Anti-Kickback Procedures.

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.216-24 Limitation of Government Liability.

52.219-6 Notice of Total Small Business Set-Aside.

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

52.225-13 Restrictions on Certain Foreign Purchases.

52.232-39 Unenforceability of Unauthorized Obligations.

52.233-4 Applicable Law for Breach of Contract Claim.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

52.242-13 Bankruptcy.

52.246-4 Inspection of Services-Fixed-Price.

http://acquisition.gov/comp/far/index.html

52.204-7 System for Award Management.

52.212-2…