O M_RFP_4-22-2015.docx

TABLE OF CONTENTS, April 22, 2015

PART 1 – THE SCHEDULE

SECTION A – Solicitation/Contract Form

SECTION B – Supplies or Services and Price/Costs

SECTION C – Description/Specification/Statement of Work

SECTION D – Packaging and Marking

SECTION E – Inspection and Acceptance

SECTION F – Deliveries and Performance

SECTION G – Contract Administration

SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

SECTION I – Contract Clauses

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – List of Attachments

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications and Other Statement of Offerors

SECTION L – Instructions, Conditions, and Notice to Offerors

SECTION M – Evaluation Factors for Award

TSC Facility Operations & Maintenance (O&M) Support

PART I – THE SCHEDULE

SECTION A

Solicitation/Contract Form

See Attachment J – Solicitation, Offer and Award – SF 33 (REV. 6/20/14)

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 DESCRIPTION OF SERVICES

(a) The Contractor shall provide all management, supervision, labor, equipment, materials and shall plan, schedule, coordinate and assure effective performance of all services necessary to furnish Operating and Maintenance (O&M) services for the Federal Bureau of Investigation’s (FBI’s) Terrorist Screening Center (TSC) facility located in Vienna, Virginia, as described in Section C, Statement of Work (SOW).

(b) The period of performance will be a base period with four (4) one-year options to extend.

(c) Any resultant contract will be subject to the current Wage Determination furnished by the Department of Labor, and included in Attachment G hereof.

B.2 TYPE OF CONTRACT

This is a Firm Fixed Price (FFP) contract. All work associated with the attached SOW shall be performed in compliance with the DD254.

B.3 PRICES/COSTS

The offeror is requested to provide pricing for the services listed herein. The Contractor shall provide all management, supervision, labor, equipment, and materials, and shall plan, schedule, coordinate, and assure effective performance of all services necessary to satisfy the requirements set forth in this solicitation.

MISSION CRITICAL AND GENERAL MAINTENANCE SERVICES

CLIN 001

General Maintenance, PM Contract Administrative, Operations Mgr., Skilled Maint.

Mech, Carpentry, Electrician, General Maint. Workers, space Repurposing, service calls, Maint. Non-mission critical sys.

Subsys & equipment

CLIN 002

Mission Critical operations and Maintenance 24x7x365. PM, 10-senior technicians (5-HVAC And 5-POWER), all subcontractors Associated with mission critical Tools-instrumentation, equip.

Supplies, materials, testing & Calibration services.

SUBTOTAL (CLIN 001 & 0002)

CLIN 003

Annual Condition Assessment

CLIN 004

Base Facility Monitors

CLIN 005

Optional Facility Monitors Pricing for 1-FTE/1-Year (See Section D of the SOW)

Subtotal CLINs 0001-0004 Note: CLIN 005 not to be included in totals, but will be an unevaluated option that may be exercised at any time during the contract term.

General and Administrative

Facilities Capital Cost of Money

Profit/FEEs

Grand Total

The above does not include the 5 Base Facility Monitors that are now needed - See SOW Section D (j).

SECTION C

DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

Please see Attachment E of this solicitation for the Terrorist Screening Center (TSC) Scope of Work (SOW).

SECTION D

PACKAGING AND MARKING

D1. PACKAGING AND MARKING

Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract number on or adjacent to the exterior shipping label.

D2. MARKINGS

All information submitted to the CO, COR, and/or Contract Specialist (CS), must clearly indicate the solicitation or contract number of the contract for which the information is being submitted.

SECTION E

INSPECTION AND ACCEPTANCE

E1. 52.252-02 - CLAUSES 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:

52.246-1 - CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

52.246-2 - INSPECTION OF SUPPLIES-FIXED PRICE (AUG 1996)

52.246-4 – INSPECTION OF SERVICES-FIXED PRICE (AUG 1996)

52.246-16 - RESPONSIBILITY FOR SUPPLIES (APR 1984)

E2. INSPECTION AND ACCEPTANCE CRITERIA

Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer's Representative (COR) or his/her designee.

SECTION F

DELIVERIES AND PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance under this contract shall be for twelve (12) months with four (4) one-year options. The contract period shall commence after receipt of Notice to Proceed from the Contracting Officer, as opposed to the award date. This date will constitute the anniversary date of the contract.

F.2 DELIVERABLE ITEMS

All the services and reports listed under Section C of this contract shall be executed in accordance with the requirements of the contract and at the direction of the COR named in paragraph G.2 (d).

F.3 FAR 52.242-15 - Stop-Work Order (AUG 1989)

(a)The Con tracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either –

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

F.4 52.242-17 Government Delay of Work. (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed –

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

F.5 OBSERVANCE OF LEGAL HOLIDAYS

The U.S. Government observes the below listed days as holidays:

New Year's Day Martin Luther King's Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day Inauguration Day (when applicable), in addition to any day designated by Federal Statute; Executive Order; or President’s Proclamation.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation, except as set forth in the contract.

F.6 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when he/she 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.

F.7 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(FEB 1998)

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.

F.8 PLACE OF PERFORMANCE

The work to be accomplished under this contract shall be accomplished at 801 Follin Lane SW, Vienna Virginia, 22180.

F.9 DELIVERABLES

During the performance of the work specified herein, the Contractor shall provide recurring reports, periodic reports and one-time deliverables as specified by the COR and/or the Program manger. The FBI reserves the right to revise the primary deliverables throughout the period of performance in response to recent events, activities and/or requirements that may arise within the current scope.

G.1 GENERAL

The Contractors performance of work required herein shall be subject to the technical direction of the Contracting Officer's Representative (COR) or his designee. A monthly Progress Review Meeting shall be held at the direction of the COR.

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(a) The performance of work required herein shall be subject to the technical direction of the cognizant Contracting Officer's Representative (COR) or his designee with respect to technical matters pertaining hereto. As used herein, "Technical Direction" is direction to the Contractor which fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of 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 Clause of this contract. To be valid, technical direction:

1. Must be issued in writing consistent with the general scope of work set forth in the contract;

2. Shall not change the expressed terms, conditions, or specifications incorporated into this contract,

3. Shall not constitute a basis for extension to the contract delivery schedule or contract price.

(b) The COR is authorized to:

1. Act as liaison and to coordinate contractor/government activities;

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

3. Provide technical guidance in the performance of the contract; and

4. 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.

(c) The COR does not have the authority to alter the Contractor’s obligations under the contract; direct changes that fall within the purview of the clause entitled "Changes" and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work Statement, the Contracting Officer shall issue such changes in writing and signed.

(d) The COR assigned cognizance of this contract is:

Anthony Hittner U.S. Department of Justice, FBI Washington, DC (TSC) Telephone: (571) 350-4312 Anthony.hittner@tsc.gov

(e) A copy of all written communications shall be concurrently mailed or otherwise furnished to the Contracting Officer at the address set forth in the clause entitled "Contract Administration" below.

G.3 CONTRACT ADMINISTRATION

This contract will be administered by:

Karen King U.S. Department of Justice, FBI Vienna, VA (TSC - Room 1137) Telephone: (571)350-4099 E-mail: Karen.king@ic.fbi.gov

Written communications shall make reference to the contract and purchase order number and shall be mailed to the above address unless otherwise instructed.

G.4 INVOICE FOLLOW-UPS

All follow-up invoices shall be marked "Duplicate of Original". Contractor questions regarding payment information or check identification should be directed to the Contract Administrator at Telephone Number (202) 324-0566.

G.5 PAYMENT PROVISIONS FROM THE FEDERAL ACQUISITION REGULATION

(FAR) APPLICABLE TO THIS CONTRACT

G-5.1 The FAR clause entitled Prompt Payment, 52.232-25 (JUN 1997), is made a part of this contract by reference.

G-5.2 Subdivision (a)(5)(i) of the Prompt Payment clause is modified to specify the following period for contractive acceptance by the Government: Government acceptance of supplies or services furnished under this contract shall be deemed to have occurred constructively on the 30th calendar day after the date the supplies and services are rendered.

G-5.3 The Contractor shall submit an original itemized invoice annotated with the following information: (i) the name of the business concern and the invoice data; (ii) the contract and purchase order number; (iii) a description, and the dates and quantity of supplies or services furnished; (iv) shipping and payment terms; and (v) the name, title, telephone number and compete mailing address of the responsible official to whom payment is to be sent. Invoices for supplies and services furnished under this contract shall be submitted to the COR at the address shown. Invoices shall be submitted on a monthly basis.

G-5.4 For firm fixed price contracts the COR will certify the invoice for payment, execute an invoice submission form, and forward the invoice to the Contracting Officer, Facilities Contracts Unit, Rm. 10254.

G.6 INVOICING REQUIREMENTS

Invoices shall be submitted to the COR, or his/her designee, designated in this contract to receive invoices. A proper invoice shall include the information required by Section I, Clause 52.232-25, PROMPT PAYMENT (OCT 2008), which includes the following:

1. Name and address of the Contractor.

2. Invoice date

3. Contract number for services performed.

4. Purchase order number and contract line item number.

5. Description of services, no. of hours, hourly rate, and total extended price of services.

6. Name and address of Contractor official to whom payment is to be sent (must be 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 be notified in the event of a defective invoice.

8. Any other information or documentation required by other requirements of the contract (such as evidence of shipment).

9. Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

10. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. 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 vendor within seven (7) days after receipt of the invoice at the designated billing office pursuant to Section 1, Clause 52.232-25 - PROMPT PAYMENT (OCT 2008). (Resubmission of a PROPER invoice(s) will be required).

G.7 PAYMENT

Payment will be made by the FBI's Commercial Payments and Confidential Services Unit in accordance with the Prompt Payment Act (See Section I, Clause 52.232-25 - Prompt Payments (OCT 2008)) upon the COR's, or his/her designee's, certification of receipt of services and the Contracting Officer's final authorization for payment.

(a) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(b) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(c) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 INDEMNIFICATION

(a) Responsibility for Government Property

(1) The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or service to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

(2) If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty of the Contractor or its employees, any Government-owned or controlled property is lost or damaged as a result of the Contractor's performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may in lieu of payment thereof, require the Contractor to replace at this own expense, all property lost or damaged.

(b) Hold Harmless and Indemnification Agreement The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

(c) Government's Right of Recovery Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provided for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

(d) Government Liability The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

H.2 CONTRACTOR MANAGEMENT RESPONSIBILITY

The Contractor shall appoint a Supervisor/Manager who will be the Contractor's Authorized Representative for technical and administrative performance of all services required hereunder. The Supervisor shall provide the single point of contact through which all Contractor/Government communications, work, and technical direction shall flow. The Supervisor shall receive and execute, on behalf of the Contractor, such technical direction as the COR may issue within the terms and conditions of the contract. All administrative support of Contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the Contractor.

H.3 PERFORMANCE AND PAYMENT BONDS

The Contractor shall furnish a Performance Bond in a penal amount of 100 percent and a payment bond in a penal bond of 100 percent for this contract. The Contractor shall, within 15 calendar days after award of contract, deliver to the Government the performance and payment bonds on Government Standard Forms with good and sufficient surety. The Contractor agrees, by submission of his proposal, that when reinsurance agreements are contemplated, all necessary reinsurance agreements will be on Government forms and will be submitted with the bonds.

Please note: Corporations executing the bond as sureties must appear on the Department of Treasury’s list of approved sureties must act within the limitation listed therein.

H.4 INSURANCE

1. The Contractor shall carry and maintain during the entire period of performance under this contract adequate insurance as follows: Workman’s Compensation and Employee’s Liability Insurance: minimum $100,000 per incident.

2. Automobile General Liability Insurance, minimum $200,000 per person, $500,000 per accident; property damage $20,000.

3. Comprehensive General Liability: minimum of $500,000 for bodily injury per occurrence.

4. Building Liability Insurance: in accordance with FAR Clause 52.245-8 “Liability for the Facilities.”

H.5 ORGANIZATIONAL CONFLICTS OF INTERESTS - GENERAL

(a) The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph (b) below.

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

(c) The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government.

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

H.6 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the provision at Far 52.215-1 (e),"Instructions to Offerors - Competitive Acquisitions" found in Section L of the solicitation. The Government will, before disclosure, make an administrative determination on a case-by-case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.7 ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, to include approval by the FBI's Security Division, must be satisfied prior to access.

Contractors who will require escorted access, to include short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD 816), a "Privacy Act of 1974 Acknowledgment Form" (FD 484) and two Fingerprint Cards (FD 258). Completed forms should be provided to the assigned Contracting Officer's Representative (COR) at least 10 days prior to required access.

Individuals requiring unescorted access to an FBI facility must complete the Standard Form 86 (SF-86), Questionnaire for National Security Positions, using the Office of Personnel Management’s Electronic Questionnaires for Investigations Processing (e-QIP) and provide two Fingerprint Cards (FD 258). e-QIP is a secure website that can be accessed from any computer system which has an Internet connection. Only the signed release forms and FD 258 will need to be mailed to the identified Chief Security Officer, the SF-86 itself will be transmitted to the FBI electronically.

To complete the SF-86 using e-QIP, the individual requiring unescorted access to the FBI facility must contact (insert Chief Security Officer, Division, and telephone number) in order to be initiated into e-QIP. Once this action has been accomplished, the individual should be able to access e-QIP at the following link in order to initiate and complete the electronic process: http://www.opm.gov/e-qip/browser-check.asp. Thoroughly read and follow the instructions for completing the SF-86. NOTE: To fully address suitability/security issues, the FBI requires individuals to provide responses to questions on the SF-86 for the last ten years. Failure to complete the application as instructed may lead to significant delays in processing the required investigation and approval for unescorted access.

Upon logging onto e-QIP, there will be a prompt to answer three “Golden” security questions to establish the user account. After completing the electronic SF-86, please print and sign the (1) Certification Form (CER) - Certify Completeness and Accuracy of your Investigation Request; (2) Medical Release Form (MEL) - Authorization for Release of Medical Information; and (3) Release Form (REL) - Authorization for Release of Information. In addition to these SF 86 release forms, the completion of a Non-Personnel Consent to Release Information (FD-979a), the United States Department of Justice Disclosure and Authorization Pertaining to Consumer Reports (DOJ 555) are required. Annotation of the assigned e-QIP Investigation Request Number on the upper right corner of each document transmitted to the identified Chief Security Officer is required for coordination with the electronic transmission and to facilitate the investigative process. The e-QIP Investigation Request Number, automatically generated by e-QIP, is located on both the header and footer of the signature forms. These release forms (five total) and FD 258 should be mailed via Federal Express or UPS Express mail directly to the following address: (insert name and address of Chief Security Officer). The use of regular U.S. mail channels may cause significant delays in processing the unescorted access request.

Upon completion of processing the facility access request, the individual will be required to execute a non-disclosure agreement suitable for their approved access.

H.8 SAFETY

The Contractor shall be responsible for compliance with all applicable standards and regulations established by the occupational Safety and Health Administration (OSHA) and all applicable Federal, DOJ, FBI, State, and County regulations. The most restrictive regulations in effect shall apply.

1. GOVERNMENT OBSERVATION

Government safety officials, including FBI Occupational Safety, Health & Environmental Program (OSEF), health inspectors, fire inspectors and other agencies will be allowed to conduct surveys, studies, and inspections of operations and facilities at all reasonable times.

The Department of Labor (DOL), upon receiving right of entry, has statutory authority to inspect the place of employment operated by the Contractor. Citations against the Contractor for noncompliance with OSHA standards are a matter for resolution between the Contractor and OSHA.

2. FIRE PREVENTION

The Contractor and the Contractor’s personnel shall be cognizant of, and observe, all requirements; for safe handling and storage of combustible supplies and materials, and daily disposal of combustible waste and trash. The Contractor shall require the Contractor’s personnel to become familiar with methods of activating fire alarms and participate in fire drills, announced and unannounced, which are conducted at the facility.

3. EMERGENCY MEDICAL CARE

Medical care for Contractor personnel is the responsibility of the Contractor.

4. NOTIFICATION OF ACCIDENTS/DAMAGES

The Contractor shall establish and maintain an accurate record of all Contractor employees’ assigned to the facility involved in accidents and damages involving Government personnel, equipment, and property regardless of the location of the occurrence.

All accidents and/or damage to Government property and equipment must be reported to the COR within 24 hours. Damages to Government property, other than motor vehicles, shall be reported on the SF 95, Claim for Damage or Injury. Accidents involving Contractor and/or personally owned vehicles and/or property shall be reported on the FR-300-F, Police Accident Report. The Security Unit provides guidance regarding accident investigation, reporting, and analysis. Failure to report accidents and/or damages is considered to be a serious omission and may be cause for a Contractor default decision. Contractor personnel found guilty of not reporting may have their privilege of entry onto the FBI facility site revoked.

The Contractor shall be liable for all expenses incurred as a result of an accident involving negligence or abuse by the Contractor’s employees.

The Government reserves the right to investigate accidents within Contractor operations involving Government personnel or property and to require that cor5rective actions be taken to avoid repetition. The Contractor shall explain, in writing t the COR, what corrective actions will be taken to prevent a recurrence within ten (10) working days of the accident.

H.9 KEY PERSONNEL

(a) The contractor shall utilize the personnel named or otherwise identified and for the period of time specified in the technical proposal to perform services required under this contract. The contractor may not remove from the contract any key personnel or subcontractor key personnel being utilized by the contractor without first notifying the FBI’s Contracting Officer in writing. In the event that any personnel names in the technical proposal are unable to perform their duties due to death, illness, resignation or similar reasons, the contractor shall promptly submit to the COR, in writing, the name and qualifications of a proposed replacement.

(b) The contractor shall provide the selected replacement(s) within thirty days unless otherwise extended by the FBI’s Contracting Officer.

(c) This action shall take place without any additional cost to the government. Key personnel are individuals whose name and resume is provided to the FBI as the result of the Contractors response to the proposal.

H.10 REMOVAL OF KEY PERSONNEL

The government, reserves the right to request the removal of key personnel, subcontractors key personnel or subcontractors at any time during the life of the contract. The contractor shall provide an acceptable replacement(s) within thirty days unless otherwise extended by the FBI’s Contracting officer.

H.11 52.222-50 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 1999)

(a) Definition. "Service employee," as used in this clause, means any person engaged in the performance of recurring building services other than a person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR Part 541, and shall include all such persons regardless of any contractual relationship that may be alleged to exist between a contractor and such person.

(b) Consistent with the efficient performance of this contract, the Contractor shall, except as otherwise provided herein, in good faith offer those employees engaged in the performance of building services (other than managerial and supervisory employees) under the predecessor contract, whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal to employment under the contract in positions for which the employees are qualified. The Contractor shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Where the Contractor offers a right of first refusal to fewer employees than were employed by the predecessor contractor, its obligation under the contract to the predecessors employees to fill vacancies created by increased staffing levels or by employee termination, either voluntarily or for cause, continues for 3 months after commencement of the contract. Except as provided in paragraph (c) of this clause, the Contractor shall not offer employment under the contract to any person prior to having complied fully with this obligation.

(c) Notwithstanding the Contractor's obligation under paragraph (b) of this clause, the Contractor --

(1) May employ on the contract any employee who has worked for the Contractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face layoff or discharge;

(2) Is not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees; and

(3) Is not required to offer a right of first refusal to any employee(s) of the predecessor contractor who the Contractor reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job (see 29 CFR 9.8).

(4) Must presume, unless demonstrated otherwise, that all employees working on the predecessor contract in the last month of performance performed suitable work on the contract. Offers of employment are governed by the following:

(i) The offer shall state the time within which the employee must accept such offer, but in no case shall the period for acceptance be less than 10 days.

(ii) The offer may be made by separate written notice to each employee, or orally at a meeting attended by a group of the predecessor contractor's employees.

(iii) An offer need not be to a position similar to that which the employee previously held, but the employee must be qualified for the position.

(iv) An offer to a position providing lower pay or benefits than the employee held with the predecessor contractor will be considered bona fide if the Contractor shows valid business reasons.

(v) To ensure that an offer is effectively communicated, the Contractor should take reasonable efforts to make the offer in a language that each worker understands; for example, by having a coworker or other person fluent in the worker's language at the meeting to translate or otherwise assist an employee who is not fluent in English.

(d) For a period of 1 year, the Contractor shall maintain copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the predecessors employees to whom an offer was made. Copies of such documentation shall be provided upon request to any authorized representative of the contracting agency or the Department of Labor.

(e) The Contractor shall, no less than 60 days before completion of this contract, furnish the Contracting Officer with a certified list of the names of all service employees engaged in the performance of building services, working for the Contractor at the Federal facility at the time the list is submitted. The list also shall contain anniversary dates of employment on the contract either with the current or predecessor contractors of each service employee, as appropriate. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided upon request to employees or their representatives. Submission of this list will satisfy the requirements of paragraph (n) of the clause at 52.222-41, Service Contract Act of 1965, as Amended.

(f) The requirements of this clause do not apply to services where a majority of the Contractors employees performing the particular services under the contract work at the public building and at other locations under contracts not subject to Executive Order 12933, provided that the employees are not deployed in a manner that is designed to avoid the purposes of the Executive Order.

(g) If it is determined, pursuant to regulations issued by the Secretary of Labor, that the Contractor is not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the Contractor, as provided in Executive Order 12933, the regulations of the Secretary of Labor at 29 CFR Part 9, and relevant orders of the Secretary of Labor, or as otherwise provided by law.

(h) The Contractor is advised that the Contracting Officer shall withhold or cause to be withheld from the Contractor, under this or any other Government contract with the Contractor, such sums as an authorized official of the Department of Labor requests, upon a determination by the Administrator of the Wage and Hour Division, the Administrative Law Judge, or the Administrative Review Board, that the Contractor failed to comply with the terms of this clause, and that wages lost as a result of the violations are due to employees or that other monetary relief is appropriate.

(i) The Contractor shall cooperate in any investigation by the contracting agency or the Department of Labor into possible violations of the provisions of this clause and shall make records requested by such official(s) available for inspection, copying, or transcription upon request.

(j) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Part 9. Disputes concerning the requirements of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the employees under the contract or its predecessor contract.

H.12 INHERENTLY GOVERNMENTAL FUNCTIONS

The contractor shall not perform any Inherently Governmental Functions (IGF) under this contract in accordance with OMB Policy Letter 92-1, Inherently Governmental Functions and FAR Subpart 7.5. Whenever the contractor is participating in any situation where it may be assumed that they are an FBI employee, the contractor shall identify himself/herself as a contractor employee. If during the course of work, through receipt of technical direction, or in carrying out the Statement of Work, the contractor shall immediately notify the Contracting Officer's Representative (COR) and the Contracting Officer (CO) if any portion of the work appears to be an inherently governmental function.

H.13 WITHHOLDING OF CONTRACT PAYMENTS

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the clause entitled "Excusable Delays" or "Default" as applicable. The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

H.14 DISRUPTION TO THE SCHEDULE

The Contractor shall notify the Contracting Officer at any time there is or may be a disruption of services of any type which would delay any services under the schedule. Such notification shall be provided to the COR, or his/her designee, by telephone, as soon as the situation is known to the Contractor, and shall be followed up in writing within five (5) days.

H.15 TECHNICAL DIRECTION

Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the COR, or his/her designee, specified in Section G of this contract. As used herein, technical instructions are defined to include the following:

(1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor's accomplishment of the Statement of Work.

(2) Guidance to the Contractor which assists in the interpretation of drawings, specifications or technical portions of work description.

Technical instructions must be within the general scope of work stated in the contract. Technical instructions may not be used to: (1) assign additional work under the contract; (2) direct a change as defined in the "Changes" clause of the contract; (3) increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or (4) change any of the terms, conditions or specifications of the contract.

If in the opinion of the Contractor, any technical instructions calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten (10) working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the Contracting Officer that the technical instruction is within the scope of this contract.

Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement which is not affected by the disputed technical instruction.

H.16 SAFEGUARDING OF INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the course of their duties or by written authorization of the Contracting Officer. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance, film, or photographs concerning any aspect of the contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon termination of this contract. The contractor shall include the substance of this provision in all contracts for employment and in all subcontracts hereunder.

H.17 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

H.18 SMOKE-FREE WORKPLACE NOTICE

(a) The Federal Bureau of Investigation has been designated a smoke-free workplace.

(b) Definitions. "Smoking" means a lighted cigar, cigarette, pipe or other tobacco product. "Smoking Areas" means those designated exterior spaces where the smoking of tobacco products is permitted.

(c) Applicability. The Smoke-Free Workplace policy applies to all occupants of Bureau occupied space and in other domestic buildings, whether owned, rented or leased, and to all Bureau owned, rented, or leased vehicles.

(d) Policy. It is the policy of the Bureau to promote a healthy environment. Accordingly, the Bureau has adopted a policy prohibiting smoking in the interior of all domestic buildings and facilities effective January 1, 1995.

H.19 NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL

(a) In addition to the requirements of the contract clause entitled "organizational Conflicts of Interest," the following provisions with regard to employee personnel performing under this contract shall apply until the earlier of the following two dates: the termination date of the affected employee(s) or the expiration date of the contract.

(b) The Contractor agrees to notify immediately the FBI Project Officer and the Contracting Officer of (1) any actual or potential personal conflict of interest with regard to any of its employees working on or having access to information regarding this contract, or (2) any such conflicts concerning subcontractor employees or consultants working on or having access to information regarding this contract, when such conflicts have been reported to the Contractor. A personal conflict of interest is defined as a relationship of an employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee, or consultant in performing the contract work.

(c) The Contractor agrees to notify each Project Officer and Contracting Officer prior to incurring costs for that employee's work when an employee may have a personal conflict of interest. In the event that the personal conflict of interest does not become known until after performance on the contract begins, the Contractor shall immediately notify the Contracting Officer of the personal conflict of interest.