Cyber Training_RFP.pdf

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Cyber Training

REQUEST FOR PROPOSAL

RFP NUMBER 15F06724R0000193

Date August 27th, 2024

This is a solicitation for commercial services prepared in accordance with the format in FAR Part 15, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested. Interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this acquisition. No partial proposals will be considered. No partial award will be made. Multiple awards are anticipated. This is not a solicitation for a personal services contract, this is a non-personal services solicitation.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

FAC 2005-95.

Introduction

This solicitation is prepared in accordance with the format in the Federal Acquisition Regulations (FAR) part 15, as supplemented with additional information included in this notice.

The Government is seeking Cyber Training.

Competition This is a notice that the contract is competed full and open.

NAICS

The appropriate NAICS code is 611420, Computer Training

Incumbent Contract 15F06722C0001058

Contract Type The Government is seeking to establish a Firm Fixed Price Single Award Contract. The Government reserves the right to make a single award. The period of performance (PoP) for the contract will be one 12-month base year and four 12-month each option years.

Table of Contents Part I The Schedule

A) Solicitation/Contract Form

B) Services and prices

B.1 General

B.2 Contract Type

B.3 Contract Pricing

B.4 Funding

C) Description/specifications/Statement of Work

C.1 Scope

C.2 Work Hours

C.3 Contractor Identification and Avoidance of Inherently Governmental Functions

C.4 Contractor/Government Communication

C.5 Non-Disclosure Agreements (NDAs)

C.6 Confidentiality of Data

C.7 Disclosure of Data

C.8 Project Publicity

C.9 Government Furnished Property

C.10 Post Award Conference

C.11 Progress Meetings

C.12 Requirements and Tasks

C.13 Functional Areas

C.14 CONTRACT DISCREPANCY REPORT (CDR)

D) Inspection and acceptance

E) Deliveries and Performance

E.1 This contract incorporates the following clauses by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available

E.2 Period of Performance

E.3 Place of Performance

E.4 Notice to the Government of Delays

E.5 Deliverables

E.6 Monthly Status Reports

F) Contract Administration Data

F.1 Contracting Officer and Contracts Specialist

F.2 Contracting Officer’s Representative (COR)

F.3 Invoicing

F.4 Task Order Ordering Procedures

G) Special Contract Requirements

G.1 Security Requirements

G.2 FBI 52.218-1000 Maintaining Contractor Performance During a Pandemic or Other Emergency

G.3 FBI 52.203-1000 Contractor Code of Business Ethics and Conduct – DOJ Procurement Guidance Document

G.4 Organizational Conflict of Interest (OCI)

Part II Contract Clauses

H) Contract Clauses and Provisions

H.1 The following FAR Clauses are incorporated in full text

H.2 The following FAR clauses are incorporated by reference

Part III List of Documents, Exhibits, and Other Attachments

I) List of Attachments

Part IV Representations and Instructions

J) Instructions, conditions, and notices to offerors or respondents

J.1 Provisions incorporated in Full Text

J.2 Provisions Incorporated by Reference

J.3 General Information

J.4 Proposal Preparation Instructions

J.5 Volume I-Technical (Factor 1)

J.6 Volume II – Past Performance (Factor 2)

J.7 Volume III – Price (Factor 3)

J.8 Volume IV – Contract Documents

K) Evaluation factors for award

K.1 Provisions Incorporated by Reference

K.2 Basis for Contract Award

K.3 Evaluation Process

K.4 Evaluation Factors for Award

Part I The Schedule A) Solicitation/Contract Form Reference the SF 26

B) Services and prices B.1 General Offeror shall utilize the Excel Pricing Worksheet (Attachment D) for submission of pricing. The Offeror will be required to propose price per student for each course listed and delivery method.

Period of Performance CLIN CLIN Description Base Year 0001 Labor Option Year 1 1001 Labor Option Year 2 2001 Labor Option Year 3 3001 Labor Option Year 4 4001 Labor

B.2 Contract Type The Government anticipates awarding a Singled Award Indefinite Delivery/Indefinite Quantity (IDIQ) type contract.

B.2.1. Contract Minimums and Maximum Amounts

In accordance with FAR 16.504, the Government shall order the minimum under this contract, which is $1,000.00. The cumulative amount of all task orders shall not exceed $24,000,000.00 for the entire period of performance of the contract (including options, if exercised).

B.3 Contract Pricing The pricing tables in the Excel Pricing Worksheet, Attachment D are intended to establish a pricing pool for courses currently offered under the proposed price list. Any requests for the future development of additional courses shall include the completion of price analysis by the Contracting Officer.

B.4 Funding Funds for the services provided will be obligated for the expected number of courses for each year. The Contractor will only be paid for effort that has been authorized by the Government and performed in accordance with the contract specifications.

C) Description/specifications/Statement of Work Cyber training provides law enforcement personnel who conduct computer intrusion investigations involving the use of computers, cellular telephones, tablets, networks, and the Internet the necessary skills to investigate complex cyber matters.

C.1 Scope This requirement will result in a non-personal services contract to provide Cyber Education and Training Unit (CETU) with external formal training classes to supplement internal training courses to ensure that Cyber investigators (FBI Employees and Federally deputized Task Force Officers) obtain the necessary skills to investigate complex cyber matters.

C.2 Work Hours The contractor is responsible for providing services for each training requested by student. Work hours for in person courses will be specified upon request. The work hours for the development of future courses will be determined by the offeror. The contractor shall maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW.

C.3 Contractor Identification and Avoidance of Inherently Governmental Functions Contractor personnel shall not perform, or give the appearance of performing, inherently governmental functions as described in FAR Parts 2 and 7. All contractor personnel shall identify themselves as contractor support in all forms of communication such as business meetings, telephone conversations, electronic mail, attendance sheets, coordination documentations, reports, and in the signature, blocks utilized in all correspondence. If a contract requires the use of Government workspace, contractor/sub-contractor personnel shall wear an issued picture identification badge and identify their workspace area with their name, clearance level, and company affiliation.

C.4 Contractor/Government Communication

(1) Focal Point. The contractor shall designate a Point of Contact (POC) to be the single point of contact for all Government and contractor correspondence. The focal point shall provide clear and consistent written and verbal responses to the Government within 12 business-hours of Government initiated communication (e.g., return phone calls, emails, or other communication). The contractor’s focal point shall be responsible for the oversight and coordination of the performance of work and have full authority to act for the contractor on all matters relating to the daily operation of the contract. The focal point shall also meet with the Government team at least quarterly, and additional meetings may be requested by the Government of the contractor as necessary.

(2) Reports. The contractor shall be responsible for preparing after-action and other reports to include progress reports, meeting minutes of all meetings, and confirmation notice for telephone calls.

Copies of all such documents shall be furnished, within five (5) business-days, to the CO and COR after each specific action.

C.5 Non-Disclosure Agreements (NDAs) All contractor personnel (to include sub-contractors, teaming partners, and consultants), who will be personally and substantially involved in the performance of this contract, which require the contractor to act on behalf of, or provide advice with respect to, any phase of an agency procurement, as defined in FAR Part 3.104-4, shall execute, and submit an “Employee/Contractor Non-Disclosure Agreement” Form.

This is required prior to the commencement of any work and whenever replacement contractor personnel are proposed under an ongoing contract.

C.6 Confidentiality of Data All contractor personnel (to include sub-contractors, teaming partners, and consultants) who will be personally and substantially involved in the performance of the contract, which require the contractor to act on behalf of or provide advice with respect to any phase of an agency procurement, as defined in FAR Part 3.104-4, shall execute, and submit an “Employee/Contractor Non-Disclosure Agreement” Form.

This is required prior to the commencement of any work on such contract and whenever replacement contractor personnel are proposed under an ongoing contract. Any information obtained or provided in the performance of any contract is only to be used in the performance of that contract.

The above terms and conditions for the nondisclosure of information do not end at the expiration of the contract and shall be applied until the contractor is otherwise notified by the Government.

If training is requested at an FBI office, the contractor shall not remove from FBI space any papers, USBs, CD-ROMs, DVDs, or any other storage media associated with FBI work without the approval of the COR and Government PM. The FBI requires the right to inspect all the contractor's electronic devices before said devices shall be permitted into FBI space and upon leaving FBI space.

C.7 Disclosure of Data All data produced, developed, and/or delivered as a result of this contract, shall be the sole property of the FBI and shall be treated by the contractor as official FBI documentation to be released by the FBI only. Duplication or disclosure of the data and other information produced by the contractor hereunder is prohibited. Accordingly, the contractor shall not disclose said data, any interpretations thereof, or data derivation there from, to third parties whether real or artificial in contravention of these provisions, without the prior written approval of the CO. The contractor shall ensure this requirement is incorporated in any agreement reached with any subcontractors, consultants, agents, or representatives employed by the contractor in contract performance or otherwise.

a) The FBI shall have unlimited rights in all data and work product delivered under this contract, and in all data and work product first produced in the performance of this contract, unless otherwise approved by the CO.

b) The Contractor expressly agrees not to publish, disclose, or disseminate, in any form to any person, natural or artificial, findings, recommendations, work products, or any other information relating to their services with the FBI. All training materials and course training/reference manuals remain the sole property of the FBI and may only be disseminated with the express written permission of the FBI.

c) All information and data required preliminary to and contained in the reports rendered shall be deemed solely property of the U.S. Government and shall not be released to anyone other than the FBI.

C.8 Project Publicity 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 because of this contract, without the express written approval of the CO. The contractor shall ensure this requirement is incorporated in agreements reached with any subcontractors, consultants, agents, or representatives employed by the contractor in contract performance or otherwise.

C.9 Government Furnished Property Except for the in-person courses stated in the SOW, work shall be performed outside Government provided facilities. For courses completed in Government provided facilities, the vendor offeror shall only be provided training space, any additional property shall be provided by the offeror.

C.10 Post Award Conference The contractor shall attend a Post-Award Conference with the CO and COR no later than 15 business-days after the date of award of the IDIQ. The purpose of the Post Award Conference, which will be chaired by the CO, is to discuss technical and contracting objectives. Post Award Conferences will also be conducted after award of each task order.

C.11 Progress Meetings For the contract, the contractor shall be responsible for keeping the COR informed about contractor progress throughout the performance period of the contract and ensure contractor activities are aligned with SOW tasks and objectives. At a minimum, the POC shall review the status and results of contractor performance with the COR monthly by telephone or in-person, and the contractor shall submit written meeting minutes within 7 business-days.

The contractor shall organize, and support meetings required by the Government. This support shall include scheduling, drafting presentation materials, conducting briefings, taking meeting minutes, and other related activities. Formal meetings the contractor shall be expected to support are listed below:

(1) Kickoff (Post-Award) Meeting. The contractor shall participate in a Kickoff (Post Award) Meeting, organized by the Government, not later than 15 days after contract award. The primary focus of the Kickoff Meeting shall be to establish performance expectations and ensure an understanding of all requirements. In addition, the contractor and Government shall clarify any concerns about lines of communication, administrative procedures, or other items necessary to effectively execute the contract.

(2) Periodic Reviews. The contractor shall participate in periodic review meetings as required by the Government. The frequency of these meetings shall be at the discretion of the COR or CO.

(3) Other Meetings. The contractor shall participate in technical working group meetings and other meetings related to the tasks in this PWS. The contractor shall coordinate the meetings, document discussion items, and incorporate decisions and data into program documents. The contractor shall prepare electronic, or hardcopy materials as required.

C.12 Requirements and Tasks The contractor shall provide the qualified, and where required, the certified personnel, to support the Cyber Division.

All contractor staff shall be able to communicate fluently verbally and in writing, in English, be able to understand and execute complex verbal and written instructions in English, be able to express complex issues verbally and in writing in English, be competent in operating an IBM-style microcomputer in Windows and/or UNiplexed Information Computing System (UNIX) environments, be able to discuss complex technical issues in English, using a telephone, be competent with Microsoft Office products in a Windows environment, and, be competent with computer file management in Windows and/or UNIX environments (creating and deleting files and directories, finding, renaming, copying, and moving files, etc.).

Required skill categories are defined in terms of typical duties and performance level standards for each task.

The contractor shall provide the skill levels and labor mixes appropriate to the tasks to be performed.

Contractor personnel shall conduct business covered by this contract only and shall not conduct any other business while on Government premises during the active periods of performance paid for by the Government.

Contractor personnel shall always conduct themselves in a professional and courteous manner.

Inappropriate conduct and/or substance abuse shall not be tolerated and may be grounds for dismissal from this contract.

C.13 Functional Areas The following is a list of Functional Areas that the contractor shall support:

• Cyber Security

• Intrusion Detection

• Perimeter Protection

• Securing Windows and Linux/Unix

• Open-Source Intelligence

• Cyber Threat Intelligence

• Incident Response

• Cloud Technologies/Security

• Digital Forensics

• Threat Hunting

• Log Analysis

• Network Traffic Analysis

• Cryptocurrency

• Relevant programming languages

• Network Penetration Testing and Ethical Hacking

• Active Defense, Offensive Countermeasures and Cyber Deception

• Mobile Device Security and Ethical Hacking

• Wireless Ethical Hacking, Penetration Testing and Defenses

• ICS/SCADA Security

• Security Leadership

• IT Security Strategic Planning, Policy and Leadership

• Data Security and Investigations Law

• CISSP Preparation

• AI/Machine Learning

• Web Applications

For descriptions of functional areas, please see section 3.1 of the Statement of Work (Attachment A)

Types of Work

1. Cyber Training and Education – Courses shall be offered through multiple delivery methods: In- Person, On Demand and Live Online.

C.14 CONTRACT DISCREPANCY REPORT (CDR)

CDRs are the mechanism for the Government to document non-conformance with the contract requirements or when performance is unacceptable. Verbal notification of a contract discrepancy will be made to the CPM and contractor primary POC by the CO/COR as soon as possible after the discrepancy is identified by the Government. The problem shall be resolved within a period mutually agreed upon by the CO and contractor.

The CO will make the determination on whether a written CD is issued to the contractor. Upon receipt of the CDR, the contractor shall respond in writing to the CO within five (5) business-days, acknowledging the reported discrepancies, or presenting contrary evidence. A plan for correction of all deficiencies identified in the CDR shall be submitted to the CO within ten (10) business-days of receipt.

After receipt of the corrective action plan, the CO can accept the resolution and request it be closed or return it to the contractor for further action. Once the CDR is closed, a notification is generated advising the CDR is closed. The contractor shall maintain a record of all completed CDRs for this contract. CDRs will be utilized as supporting documentation when drafting annual Contractor Performance Assessment Reports (CPARS). The contractor’s failure to achieve satisfactory performance under the contract may result in the non-exercise of available options.

D) Inspection and acceptance The following FAR clauses are incorporated by reference:

• 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) E) Deliveries and Performance E.1 This contract incorporates the following clauses by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

• 52.21116 Variation in Quantity (Apr 1984)

• 52.242-15 Stop Work Order (Aug 1989)

• 52.242-17 Government Delay of Work (Apr 1984)

• 52.247-34 F.o.b Destination (Nov 1991)

E.2 Period of Performance The base period of performance for this contract is twelve (12) months from date of award. The contemplated contract will also include four (4) one (1) year option periods that may be exercised at the sole discretion of the Government. For the option years, the Contracting Officer may exercise the option by written notice to the contractor within 30 days. The Contracting Officer may exercise all the line items, some of the line items, or none of the line items in each option period.

Period Period of Performance Base Award plus 12 months

Option Year 1 End of base plus 12 months Option Year 2 End of OY 1 plus 12 months Option Year 3 End of OY 2 plus 12 months Option Year 4 End of OY 3 plus 12 months

E.3 Place of Performance Services provided in support of this effort shall be performed primarily at vendor facilities. The Government shall request training at Government facilities in Huntsville, AL as needed.

E.4 Notice to the Government of Delays In the event the Contractor encounters difficulty in meeting performance requirements, or when the 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 Contracting Officer 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.

E.5 Deliverables The following table identifies deliverables for the Single Award Contract. Applicable deliverables, their required delivery dates, and destination of delivery will be specified in each task order issued under this contract.

The contractor shall submit all deliverables to the COR and coordinate with the CO and Government Contract Specialist (CS). The COR will provide written notification of acceptance or rejection of all deliverables within ten (10) business-days of the scheduled delivery date or actual delivery date, whichever is later. In the event of absence of written notification of the Government’s acceptance or rejection within ten (10) business-days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s). All rejection notifications will include an enumeration and explanation of the specific deficiencies causing the rejection. If requested by either the contractor or the Government, a meeting will occur to discuss the deliverable in detail.

Deliverable Table for the Contract is listed below:

Deliverable Frequency Due Submit To Industry Recognized Certificates

Per student, per course Upon Completion of Course Student Portal

Account Monthly Status Report (MSR), para 6

Monthly for Contract 2nd Wednesday of Every Month CO & COR

E.6 Monthly Status Reports The Prime Contractor shall provide monthly TO status reports to the Contracting Officer and the Contracting Office Representative (COR). The format will be agreed to by the Contractor and CO/COR before Task Order Performance. The MSR shall include, but is not limited to, the following:

(1) Courses Taught, including name of the course, number and names of FBI personnel enrolled and completed, location, and dates

(2) Current Management and Administrative problems

(3) Action items Note: Format may change depending on the TO requirement.

F) Contract Administration Data F.1 Contracting Officer and Contracts Specialist The functions inherent to this contract shall be performed by the designated Contracting Officer, per FAR Subpart 42.302, Contract Administration Functions. The duly assigned COR shall ensure all actions pertaining to this contract are requested via the Contracting Officer. Further, Contracting Officer functions performed shall be to the extent that they apply to the contract.

This contract will be administered by:

Contracting Officer Q. Chynell Gray qcgray@fbi.gov

Contracts Specialist Robert Shifflet rtshifflet@fbi.gov

Contracts Specialist Ashley Johnson aljohnson@fbi.gov

F.2 Contracting Officer’s Representative (COR) A COR will be designated on the authority of the Contracting Officer to monitor all technical aspects of this contract. The types of actions within the purview of the COR’s authority are set forth below. The COR will be identified at contract award or at the ‘kick off meeting”.

The performance of work required herein shall be subject to the technical direction of the cognizant COR and appointed technical points of contact (TPOC) with respect to technical matters pertaining hereto. As used herein, "Technical Direction" is direction to the Offeror which fills in details, suggests possible lines of inquiry, or otherwise clarifies the scope of the work. Technical Direction must be confined to the general scope of work set forth herein and shall not constitute a new assignment, nor supersede or modify any other clauses. To be valid, technical direction:

Must be issued in or followed up in writing consistent with the general scope of work set forth. Shall not change the expressed terms, conditions, or specifications incorporated.

Shall not constitute a basis for extension to the contract delivery schedule or contract price. The COR is authorized to:

Act as liaison and to coordinate Offeror/ Government activities.

mailto:qcgray@fbi.gov mailto:rtshifflet@fbi.gov

Arrange for and coordinate the use of Government resources (personnel, space, documents, etc.).

Provide technical guidance in the performance.

Receive, review, and approve (but not reject or deny) progress reports, selected invoices, and final reports or other functions of a technical nature.

The authority to reject performance and deny associated invoices is expressly reserved for the Contracting Officer.

The COR does not have the authority to alter the Offeror's obligations, direct changes that fall within the purview of the clause entitled "Changes," and/or modify any of the expressed terms, conditions, specifications, or price. If as a result of technical discussions, it is desirable to alter/modify contractual obligations or the Specifications/Work Statement, the Contracting Officer shall issue such modification(s) in writing with the Contracting Officer's signature.

A copy of all written communications shall be concurrently mailed or otherwise furnished to the Contracting Officer at the address shown in Block No. 8 of the Standard Form 26.

Contracting Officers Representative (COR) Justice Acquisition Regulations 2852.201-70 (JAN 1985)

A designated Contracting Officer’s Representative (COR) will be identified by the CO at award time of the contract.

The COR or a designated Task Manager is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of a future contract; providing direction to the Offeror which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance;

and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The COR does not have the authority to alter the Offeror’s obligations under this contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

F.3 Invoicing F.3.1 FBI-0023 Federal Bureau of Investigation Electronic Invoicing Requirement

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.

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 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 (noreply@mail.eroc.twai.gov). The first email contains the initial administrative IPP User ID. The second email, sent with 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 gov web site.

F.4 Task Order Ordering Procedures

• Ordering will be centralized, and the only individual authorized to place orders is the Contracting

Officer.

• All orders issued under this contract are subject to the terms and conditions of this contract. The contract takes precedence in the event of conflict with any order.

• All services under this contract will be ordered by issuance of a written task order in accordance with FAR subpart 16.5, Indefinite Delivery Contracts.

• Task orders will be awarded in accordance with FAR 19.804-6 (c) and FAR 16.505.

• The Contracting Officer reserves the right to withdraw and cancel a Task Order Proposal Request if necessary.

• Unless otherwise stated in an individual notice of task or delivery order, orders will be awarded based upon two evaluation factors: 1) Technical with Key Personnel Resumes and 2) estimated cost or price. Technical factors will receive paramount consideration in the evaluation. When two or more Offerors are determined to be approximately technically equal, cost will become a significant factor in selecting the Task Order Awardee. In any event, the Government reserves the right to make an award to the best advantage of the Government, cost and other factors considered.

F.4.1 FAR Clause Incorporated in Full Text FAR 52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. Deputy Assistant Director of the Finance Division.

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

G) Special Contract Requirements G.1 Security Requirements

G.1.1 FBI 52.204-1001 Personnel Security Requirements of Contractor Employees (Alt I)- Classified Information Cleared Contractors

Work performed under this contract will involve any one or more of the following: access to DOJ Information, which may include Controlled Unclassified Information (CUI), i.e., unclassified, sensitive DOJ information, and/or access to DOJ Information Technology (IT) systems, and/or unescorted access to DOJ space or facilities. Contractor employees will occupy Public Trust Positions, unless clause alternates are applied.

1. General Requirements

(a) (1) All references to “contract(or) personnel” and “contract(or) employee” in this clause means all individuals, without limitation, to include individuals employed by the contractor, team member, subcontractor, consultant, and/or independent contractor, who will have access to information of the Department of Justice (DOJ) or information that is within the custody and control of the DOJ, access to DOJ IT systems, and/or unescorted access to DOJ facilities/space in connection with the performance of this contract. “Employment” as used herein does not create nor imply an employer/employee relationship between the DOJ and contractor employees.

(2) Additionally, work performed under this contract will involve access to classified information [National Security Information (NSI)].

(b) (1) The type of security investigation required for each contractor employee will be governed by the type and risk level of information made available to the contractor employee. The contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the Security Programs Manager (SPM), in consultation with the Contracting Officer’s Representative if one is appointed, have received the requisite security approval.

(2) All contractor employees requiring access to classified information will be processed by Defense Counterintelligence and Security Agency (DCSA) in accordance with the National Industrial Security Program (NISP). The contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the SPM in consultation with the

Contracting Officer’s Representative (COR) if one is appointed, have received the requisite NSI Clearance.

(c) Except where specifically noted otherwise, the federal government will be responsible for the cost and conduct of the investigation.

(d) The contractor shall ensure that no contractor employee commences performance prior to receipt of a written authorization from the contracting officer, COR, or the SPM that performance by the respective contractor employee is authorized.

(e) The data and other information to which the contractor may have access as a result of this contract is the property of, and/or within the custody and control of, the Department, and its disclosure to third parties is governed by various statutes and regulations, the violation of which may subject the discloser to criminal penalties.

2. Citizenship and Residency Requirements

(a) Residency Requirement. (1) Contractor employees in Public Trust positions, both U.S. citizens and non-U.S. citizens, must meet the Department’s residency requirement if they will require access to DOJ information, IT systems, or unescorted access to facilities. For three years (not necessarily consecutive years) out of the last five years immediately prior to employment under the Department contract the contractor employee must have: (i) resided in the U.S.; (ii) worked for the U.S. in a foreign country as either an employee or contractor in a federal civilian or military capacity; or, (iii) been a dependent of a federal civilian or military employee or contractor working for the U.S. in a foreign country. At the Department’s sole discretion, the residency requirement may be waived by the Department Security Officer (DSO) for contractor employees on a case-by-case basis where justified by extenuating circumstances. The residency requirement does not apply to contractor employees residing in foreign countries that are hired to work in American embassies/consulates/missions located outside of the United States and who require access to DOJ information, IT systems, or unescorted access provided that an adequate background investigation can be conducted, with favorable adjudication, as determined by the DSO.

(2) The residency requirement does not apply to contractor employees working on the classified portion of this contract whose national security clearance has been processed by DCSA in accordance with the NISP.

(b) Citizenship. (1) Aside from the specific exceptions set forth in Section 1.2(b)(2), for Public Trust positions, the DOJ requires that contractor employees be U.S. citizens and nationals, or lawful permanent residents seeking U.S. citizenship. Any prospective non-U.S. citizen contractor employee who requires access to DOJ information systems, DOJ information, and/or unescorted facilities access must also have been granted a waiver as described below in paragraphs 1.2(d) and/or (e). The contractor is responsible for verifying that the non-U.S. citizens working under this contract are lawful permanent residents seeking U.S. citizenship.

(2) Exception for Certain Non-U.S. Citizen Contractor Employees: (i) Non-U.S. citizen expert witnesses, litigative consultants, and interpreters in rare foreign languages are not required to be lawful permanent residents seeking U.S. citizenship. However, they must be granted a waiver for access to unclassified DOJ information, whether CUI or not, DOJ IT systems, and/or unescorted facility access, as described below in paragraph 1.2(d) and (e), regardless of the duration of their duties. (ii) Non-U.S.

Citizen contractor employees residing in foreign countries who are hired to work for the Department of Justice in American embassies/consulates/missions outside of the United States are not required to be lawful permanent residents seeking U.S. citizenship.

(3) Contractor employees requiring access to classified information will be processed by DCSA in accordance with the NISP.

(c) Dual Citizenship. (1) U.S. citizens who hold dual citizenship with a foreign country are considered U.S. citizens within the meaning of this clause, and may be considered for, but are not entitled to, contract employment as U.S. citizens consistent with this clause. The means by which the contractor employee obtained or exercises his or her dual citizenship status will be a consideration in the Public Trust Investigation (PTI) adjudication, and/or waiver approval processes discussed in this clause.

(2) Contractor employees requiring access to classified information will be processed by DCSA in accordance with the NISP.

(d) Access to DOJ Information Technology Systems. Non-U.S citizens are not authorized to access DOJ information technology (IT) systems or assist in the development, operation, management, or maintenance of DOJ IT systems, including providing IT system support, unless a waiver has been granted by the Head of the DOJ component or designee, with the prior concurrence of both the DSO and the DOJ Chief Information Officer, allowing computer access by the non-U.S. citizen. Such a waiver will be granted only in exceptional and unique circumstances on a case-by-case basis. It should be noted that the Justice Consolidated Office Network (JCON) is a sensitive DOJ IT system and any contractor employee who will need access to JCON must be a U.S. citizen or have received a waiver. In order for a waiver to be considered for approval: (1) There must be a compelling reason for using this individual as opposed to a U.S. citizen; (2) The type of personnel security vetting that has been conducted on the individual, and vetting results, that would mitigate risk; and (3) The waiver must be in the best interest of the federal government.

(e) Access to Unclassified DOJ Information and Unescorted Access to DOJ Facilities or Space. (1) Except as provided under 1.2(b)(2), non-U.S. citizens are not authorized to access DOJ information and/or unescorted access to DOJ facilities or space, unless a waiver has been granted by the DSO, allowing access by the non-U.S. citizen. Such a waiver will be granted on a case-by-case basis where justified at the discretion of the DSO.

3. Background Investigation Requirements

(a) (1) Unless otherwise stated below, all contractor personnel are subject to a Public Trust Investigation (PTI). The SPM will determine the type of investigation for each contractor employee based on the risk category (i.e., the nature of the position and degree of harm that could be caused by the individual in that position) and whether the position is long-term or short-term. The PTI risk categories are listed below.

(i) High Risk Positions. The minimum background investigation required is a Tier 4 (T4) investigation, and the five-year reinvestigation required is a Tier 4R (T4R) investigation. The 2017 version of the Standard Form (SF) 85P, Questionnaire for Public Trust Positions, is required.

(ii) Moderate Risk Positions. The minimum background investigation required is a Tier 2 (T2) investigation. The five-year reinvestigation required is a Tier 2R (T2R) investigation. The 2017 version of the SF-85P is required.

(iii) Low Risk/Non-Sensitive Positions. The minimum background investigation required for Low Risk/Non-Sensitive positions is a Tier 1 (T1) investigation and the required five-year reinvestigation is also a Tier 1 (T1) investigation. The SF 85, Questionnaire for Non-Sensitive Positions, is required.

(2). Contractor employees requiring access to classified information will be processed by DCSA in accordance with the NISP.

(b) Exception for Expert Witnesses. Expert Witnesses, litigative consultants, and interpreters in rare foreign languages may not be subject to full background investigation requirements if alternative security requirements are approved by the DSO.

(c) Short-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), short-term contractor employees (6 months or less) who are U.S. citizens are not subject to a full background investigation, however, must receive an approved pre-employment background investigation waiver. The required forms to complete and submit are listed in Section 1.4(b) and (c)(2).

(d) Long-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), all long-term U.S. citizen employees (longer than 6 months) are subject to a full background investigation in the risk category appropriate to the position they will hold.

(e) Non-U.S. Citizen Contractor Employees. Other than the exception in 1.3(b), all non-U.S. citizen contractor employees regardless of performance duration (short or long term) are subject to a full background investigation in the risk category appropriate to the position they will hold.

(f) Reciprocity. (1) A Public Trust Investigation will be accepted under reciprocity if it meets the following guidelines: (i) the investigation is current (investigations are considered current if completed within the last five years) and favorably adjudicated, or the reinvestigation has been deferred; (ii) the investigation meets or exceeds the level of investigation required for the DOJ contractual instrument;

(iii) there has been no continuous (not cumulative) break in federal contract/service employment of two years or more; (iv) there is no derogatory information since the favorable fitness determination or adjudication that calls into question the individual’s fitness based on character or conduct; and (v) the investigative record does not show conduct that is incompatible with the core duties of the new contract position. A “core duty” is a continuing responsibility that is of particular importance to the relevant covered position or the achievement of an agency’s mission. Core duties will vary from position to position.

(g) National security investigations will be accepted from other federal agencies under reciprocity guidelines provided all of the following are true: (i) The new position does not require a higher eligibility than what the subject currently possesses; (ii) the existing eligibility is not granted on an interim or temporary basis, or limited or one-time basis; (iii) the covered individual’s eligibility is not currently denied, revoked, or suspended; (iv) the favorable adjudication was based on the 13 Adjudicative Guidelines (SEAD 4) and E.O. 12968. Agencies may accept eligibility recorded with an exception based on their own risk assessment; (v) the most recent background investigation is not more than seven years old; (vi) there is no new derogatory information of national security adjudicative relevance that has been reported/developed since last investigation; (vii) the Bond Amendment disqualifier (SEAD 4) does not apply and individual requires SCI, SAP, or restricted access; and (viii) the subject does not have a break in federal service of 24 months or longer.

4. Background Investigation Process

(a) e-QIP (or its successor). Public Trust background investigations/reinvestigations of contractor employees will be performed by the DCSA. The investigative process requires contractor employees to complete the Electronic Questionnaires for Investigations Processing (e-QIP) and provide additional information as specified in paragraph 1.4(b) below. Immediately after contract award, the contractor shall designate an employee as its “e-QIP Initiator” and provide the name of this person to the SPM. The e-QIP Initiator must have, at a minimum, a favorably adjudicated Tier 1 investigation and the appropriate DOJ security approval before being given access to e-QIP. After the e-QIP Initiator’s security approval is granted, the Contractor will be configured in e-QIP as a sub-agency to DOJ. The contractor will then be responsible for initiating investigations for all contract personnel, whose previous investigation does not meet reciprocity, in e-QIP for completion of the security questionnaire form and forwarding the electronic form with the remainder of the security package to the SPM. Subject to the prior written approval of the SPM, the contractor may designate an e-QIP Initiator for each subcontractor. Subcontractor e-QIP Initiators must have, at a minimum, a favorably adjudicated Tier 1 investigation and the appropriate DOJ security approval before being provided access to e-QIP.

(b) Additional Documentation. (1) In addition to completing the e-QIP questionnaire (see 1.4(a), above), the contractor shall ensure that each contractor employee occupying Public Trust Positions, including short-term employees, completes and submits the following information through the contractor’s Corporate Security Officer:

(i) Digital Fingerprinting/FD-258 Applicant Fingerprint Card. Two sets are required per applicant.

The contractor may schedule appointments with the SPM to be digitally fingerprinted; otherwise, fingerprinting by the FBI or other law enforcement entity, as approved by the SPM, is required to ensure the identity of the person being fingerprinted and for printing quality. All pertinent information must be completed by the individual taking the fingerprints (FBI or other). Use of the physical FD-258 Applicant Fingerprint Card should only be used in extenuating circumstances.

(ii) DOJ-555 Fair Credit Reporting Act Disclosure. Authorizes DOJ to obtain one or more consumer/credit reports on the individual. This form will be required if the Component SPM determines a credit check is necessary for its Low Risk Level 1 contractor positions.

(iii) OF-306, Declaration for Federal Employment.

(iv) Foreign National Relatives or Associates Statement. This is only required if foreign national relatives or associates were not disclosed on the security questionnaire form.

(v) Self-Reporting Requirements for All Contractor Personnel. This is an acknowledgement and acceptance statement that every contractor must sign.

(vi) Additional information as may be required based on the review of the security questionnaire form.

The contractor shall review all forms/documents to ensure each is complete, accurate and meets all DOJ requirements, including applicable residency and citizenship requirements. The contractor shall resolve any issues or discrepancies with the contractor employee, including resubmission of corrected forms or documentation. Completed forms/documents shall be submitted to the SPM (or designee, which may include the COR) within five (5) calendar days after being finalized.

(c) Adjudication and Pre-Employment Background Investigation Waivers

(1) Except as set forth in this section, background investigations must be conducted and favorably adjudicated for each contractor employee prior to commencing their work on this contract. Where programmatic needs do not permit the federal government to wait for completion of the entire background investigation, a pre-employment background investigation waiver for public trust contractors can be granted by the SPM, in consultation with the cognizant COR. Pre-employment waivers cannot be used to circumvent delays in clearing classified contractors through the DCSA, if access to classified information is required.

(2) As directed by the SPM, the contractor shall initiate pre-employment waivers for Public Trust Positions when necessary. This may entail performing credit history checks and submission of these checks as part of the security package, including satisfactory resolution of any issues prior to submission to the federal government. A waiver will be disapproved if it develops derogatory information that cannot be resolved in the contractor employee’s favor.