(2)_-_SF_1449_Continuation_DJF-17-1200-R-0000064_Amendment_1.docx

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

Aircraft Maintenance Support Continuation of SF1449, Amendment #1 Section B Block 19 Contract Line Items for Base Year. See Section J, Price Template for full description of CLIN structure

0001 Manassas, VA

0002 Quantico, VA

0003 Los Angeles, Point Magu, CA

0004 Lakehurst, NJ

Block 20 Schedule of Services

1. Procurement Objectives The objective of this procurement is to establish a single award, Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) for licensed and experienced aviation mechanics capable of supporting the variety of Federal Bureau of Investigation’s fixed and rotary wing aircraft in several FBI locations throughout the United States. Contract personnel will supplement the FBI government staff and enhance the FBI’s ability to perform its overall mission.

Offerors should propose a firm-fixed price labor rate for each contract line item number (CLIN) for the following localities: Manassas, VA; Quantico, VA; Los Angeles Point Magu, CA; and Lakehurst, NJ. Prices shall be proposed for the base year and four, one year option periods.

Mechanic hourly wage rates may be subjected to a locality price adjustment in accordance with the Collective Bargaining Agreement (CBA) between the incumbent Skyquest Aviation, LLC (formerly Gold Coast Helicopter Services, LLC) and the International Association of Machinist and Aerospace Workers, Local Lodge No. 10.

Offerors should assume each mechanic will work 40 hours per week for cost allocation purposes. A pricing spreadsheet is available in Section J, Price Template.

2. IDIQ Minimum and Maximum Amounts The minimum amount guaranteed is $500,000 over the life of the contract. The maximum amount over the life of the contract is $13,000,000.00.

3. Funding Funds for the services provided will be obligated, at the task order level, as they become available, or excess funds de-obligated at the task order level, by modification to the task order contracts unilaterally by the government.

4. Overtime Rate If overtime is proposed for any additional work, it will be paid at a rate of one and a half times the normal pay rate.

5. Labor Categories / Draft Task Order

The scope of the labor categories contemplated by the Government for this requirement are identified in Block 19 and Section J, Price Template. the tables on the next four pages. The contract line item number (CLIN) and the general locations are identified by the heading on the top of the tables. These sheets serve two purposes. First, they identify the general scope of the contract. The second purpose is to serve as a draft initial task order.

Section C – Contract Clauses

DJAR-PGD-02-02B Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems The Department of Justice (DOJ) will no longer permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment document, the contractor agrees to this restriction with respect to all new employees utilized directly to perform duties on the contract. Non-U.S. citizens currently employees under this contract or commitment may continue performance unless otherwise directed by the Department of Justice. No new, replacement, or additional Non-U.S. citizens may be added to the contract without the express approval of the Department of Justice. [In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.].

(End of Clause)

DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor

NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201)' entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No. 1615-0047, " Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

•High Risk - Background Investigation (5 year scope) •Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) •Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and 5) Favorable review of the National Agency Check (NAC)4 portion of the applicable BI that is determined by position sensitivity/risk level. A badge may be issued following approval of the above waiver requirements. If the NAC is not received within five days of OPM' s scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items la. and

b. above. The pre-appointment waiver requirements for short-term contractors are:

a.Favorable review of the security questionnaire form;

b.Favorable fingerprint results;

c.Favorable credit report, if required;5 and d.Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PFV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5.The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

NOTES:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201 /FIPS-201-22505.pdf.

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the preappointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM 's instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block "B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the preappointment waiver package.

(End of Clause)

DJAR-PGD-08-04 Security of Systems and Data, Including Personally Identifiable Information Security of Systems and Data, Including Personally Identifiable Data.

a. Systems Security The work to be performed under this contract requires the handling of data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.

For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice systems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the DOJ Office of the Inspector General for its reviews.

The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the contracting officer (CO) certifying the following requirements:

1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product;

2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism;

4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department;

5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FEPS 140-2 approved product;

6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ;

7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts;

8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information;

9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor's project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work;

b. Data Security

By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer's technical representative (COTR). If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours.

c. Personally Identifiable Information Notification Requirement

The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contractor shall be coordinated with, and be subject to the approval of, the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

d. Pass-through of Security Requirements to Subcontractors The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.

B. Information Resellers or Data Brokers For contracts where the Department obtains PII from a contractor (such as an information reseller or data broker) but the contractor does not handle the data described in Section A of this guidance document, the following clause must be used:

Information Resellers or Data Brokers

Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department contracting officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it receives further instruction from the Department.

(End of Clause)

52.212-4 Contract Terms and Conditions – Commercial Items (May 2015)

Addendum The following additions are inserted into paragraphs (a), (c), (g), (i),(l) (o), and (t) of 52.212-4:

(a) Inspection/Acceptance.

52.246-6 Inspection – Time-and-Material and Labor-Hour (May 2001)

52.246-4 Inspection of Services-Fixed Price (Aug 1996)

(i) Inspection Inspection and acceptance of services to be furnished will be performed at the government location where the services are being performed. The Contracting Officer’s Representative (COR) or designated representative, in accordance with FAR Clause 52.246-4, will performed inspection and acceptance of services. The government reserves the right to conduct any inspection it deems necessary to assure that the services provided conform in all respects to the specified requirements. Services, upon which inspection are found not to be in conformance with contractual requirements, will be promptly rejected and notice of rejection, together with appropriate instructions, will be provided to the Contractor by the COR.

Inspection will be completed within 24 hours after completion of services or as specified in the Statement of Work.

Written notification of negative inspection results will be furnished within 15 days after completion of the inspection. Government failure to accept or reject within 15 days shall not be construed as acceptance.

(ii) Contractor Inspection System The Contractor shall (1) maintain an adequate inspection system and perform such inspections as will assure that the work performed under the contract conforms to contract requirements, and (2) maintain and make available to the Government adequate records demonstrating such inspection.

(End of Clause)

(End of Clause)

Invoices shall be submitted via email to central_invoices@ic.fbi.gov. A proper invoice shall include the following information:

(1) Name and address of the Contractor.

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

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

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

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

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

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

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

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

It shall be the Contractor’s responsibility to include this information on each and every invoice when invoicing for full or partial services performed. If an invoice does not contain the above information, the Federal Bureau of Investigation reserves the right to reject the invoice(s) as IMPROPER and notify the Contractor within seven (7) days after receipt of the invoice of the required corrections and the submission of a proper invoice with a current date.

(i) Payment

(i) Small Business Accelerated Payment The contractor must indicate its business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-11-32, ‘ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND SERVICES’, dated 10/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days.

The contractor must indicate its business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-11-32, ‘ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND SERVICES’, dated 10/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days.

(ii) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

(a) Definition. “Acceptance,” as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance of the monthly report outlining the work performed by the Contractor. This notice shall state either—

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

(End of clause)

(i) JAR 2852.201-70 Contracting Officer’s Representative (COR) (Jan 1985)

(a) TBD, is hereby designated to act as Contracting Officer's Representative (COR) for this contract.

(b) The COR 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 this contract; providing direction to the Contractor 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.

(c) The COR does not have the authority to alter the Contractor's obligations under the 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 issues such changes.

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

(iii) Special Contract Requirements

a. Security Requirements All proposed personnel shall possess or be eligible for an active SECRET security clearance. Some locations may require a TOP SECRET clearance as specified in the requisite task order.

Contractors with existing clearances shall have their clearances passed to the FBI through established security procedures. It is the responsibility of the Contractor to contract the FBI program manager to begin the security clearance process for the new contractor personnel immediately upon task order award.

b. Clauses for Contracts Involving Access to Classified Information The Government intends to secure services or equipment from firms which are not deemed to be an acquisition risk. The Government reserves the right to contract with such Offerors under appropriate arrangements, when it determine that such contract will be in the best interest of the Government.

Accordingly, all Offerors responding to this proposal or initiating performance of a contract are required to answer the acquisition risk questions located in Attachment A. All answers are to be reflective of the parent and subsidiary levels of an organization. Offerors are also required to request, collect, and forward to the Government answers to these acquisition risk questions from all subcontractors undertaking classified work under the Offeror’s direction and control. Offerors are responsible for the thoroughness and completeness of each subcontractor’s submission. Responses should specify, where necessary, the identity, nature, degree, and impact of any Foreign Ownership, Control, or Influence (FOCI) on their organization or activities, or the organization or activities of a subcontractor. Additionally, a Key Management Personnel Listing (KMPL) Attachment B must e submitted for each entity for which acquisition risk information is required. The KMPL must identify senior management by full legal name, position, social security number, date/place of birth, and citizenship status.

The Offeror shall, in any case in which it believes that foreign influence exists or is being sought over its affairs, or the affairs of any subcontractor, promptly notify the Contracting Officer’s Security Representative of all pertinent facts.

The Selected Offeror shall promptly disclose to the Contracting Officer’s Security Representative any information pertaining to any interest of a FOCI nature in the Selected Offeror’s or subcontractor that has developed at any time during the Selected Offeror’s duration or has subsequently come to the Selected Offeror’s attention. Written notification to the Contracting Officer is required of the Selected Offeror or any subcontractor whenever there is a change n response to any of the acquisition risk questions.

The Offeror is responsible for initiating the submission of the required risk acquisition information and KMPL for all subcontractors undertaking classified work during the entire period of performance of the contract. Failure to comply shall be cause for default under the Default Clause of this contract.

The information in Section K regarding Key Management Personnel, which ay identify U.S. persons, is being requested pursuant to the National Security Act of 1947, as amended, and Director of Central Intelligence Directive 7/6, Community Acquisition Risk Center, or superseding Acts or Directives. The FBI will use this information to conduct the acquisition risk determination and may share the information internally and externally with members of the Intelligence Community and other U.S. Government entities, if necessary, consistent with appropriate routine uses for its Central Record System (CRS), Justice/FBI-002, last published in full in the Federal Register on February 20, 1009 (63 Fed. Reg. 8671), or any updates thereto. In the absence of proof of death of any of the Key Management Personnel, their consent, or an overriding public interest, the information will not otherwise be disseminated except pursuant to the routine uses for the CRS.

The Government reserves the right to prohibit individuals who are not U.S. citizens from all or certain aspects of the work to be performed under this Contract.

Foreign Ownership, Control, or Influence (FOCI)- For the purposes of this clause, a U.C. company is considered under FOCI whenever a foreign interest has the power, direct or indirect, and whether or not exercisable through the ownership of the U.S. company’s securities, by contractual arrangements or other means, to direct or decide matters affecting the management or operations of that company.

Changed conditions, such as change in ownership, indebtedness, or the foreign intelligence threat, may justify certain adjustments to the security terms under which a company is operating, or, alternatively, that different acquisition risk mitigation measures be employed. If a changed condition is of sufficient significance, it might also result in a determination that a company is no longer considered to be an acquisition risk. There is a continuing obligation of the Selected Offeror to advise the Government of such changed conditions Failure to abide by this obligation shall be cause for default under the Default Clause of this contract.

Factors: The following factors will be used as the basis for making the acquisition risk determination. If the Offeror, its proposed subcontractors, meet any of the following factors, they must identify themselves as a potential FOCI company and submit themselves for a Government acquisition risk evaluation and assessment:

(1) Ownership or beneficial ownership, direct or indirect, of 5 percent or more of the Offeror’s company’s voting securities by a foreign person.

(2) Ownership or beneficial ownership, direct or indirect, of 25 percent or more of any class of the Offeror’s company’s non-voting securities by a foreign person.

(3) Management positions, such as directors, officers, or executive personnel of the Offeror’s company held by non-U.S. citizens.

(4) Foreign person power, direct or indirect, to control the election, appointment, or tenure of directors, officers, or executive personnel of the Offeror’s company or other decisions or activities of the Offeror’s company.

(5) Contracts, agreements, understandings, or arrangements between the Offeror’s company and a foreign person.

(6) Loan arrangements between the Offeror’s company and a foreign person if the Offeror’s company (the borrower) overall debt to equity ratio is 40:60 or greater; or financial obligations that are subject to the ability of a foreign person to demand payment.

(7) Annual total revenues or net income in excess of 5 percent from a single foreign person or n excess of 30 percent from foreign persons in the aggregate.

(8) Ten percent or more of any class of the Offeror’s voting securities held in “nominee shares”, in “street names”, or in some other method that does not disclose the beneficial ownership of equitable title.

(9) Interlocking directors with foreign persons and any officer or management official of the Offeror’s company who is also employed by a foreign person.

(10) Any other factor that indicates or demonstrates a capability on the part of foreign persons to control or influence the operations or management of the Offeror’s company.

(11) Ownership of 10 percent or more of any foreign interest.

Every effort must be made to ensure that supplies are provided and integrated and services are performed using sound security components, practices, and procedures. Acquisition of supplies or services from concerns under foreign Ownership, Control, or Influence 9FOCI) or of supplies developed, manufactured, maintained, or modified by concerns under FOCI (any or all of which shall be referred to herein as “Use of FOCI source”) is of serious concern and must be approved prior to contract award and evaluated during contract performance. Approval decisions will be made on a case by case basis after the source or technology has been identified by the Offeror and subjected to a risk assessment.

Any Offeror responding to this Request for Proposal (RFP), Request for Quotation (RFQ), or Sealed Bid, acknowledges the Government’s requirements to secure services or equipment from firms which are not an acquisition risk; are not under Foreign Ownership, Control, or Influence (FOCK); or where any FOCI, in the opinion of the Government, adversely impacts in National Security or security requirements. The Offeror understands and agrees that the Government retains the right to reject any response to this RFP, RFQ or Sealed Bid made by the Offeror, without any further recourse by or explanation to the Offeror, if the acquisition risk for that Offeror is determined by the Government to be an unacceptable security risk.

The risk assessment process will vary depending of the acquisition type and proposed use of a FOCI source, available risk mitigation measures, and the information/justification provided by the Offeror.

Risk assessments will be on a case by case basis and will be used to determine whether the use of a FOCI source poses an unacceptable security risk. If an unacceptable security risk is determined, the government retains the right to reject the use of a FOCI source or to require that certain risk mitigation measures by taken by the contractor. Similarly, the Government retains the unilateral right to approve the use of a FOCI source when the risk assessment indicates that such use would be in the Governments’ best interests. If the use of a FOCI source is not approved, no classified information will be disclosed to the Offeror as part of the Government’s rationale for non-approval. The Offeror (prime and subs) may not seek reimbursement from the Government for any costs associated with responding to this RFP, RFQ or Sealed Bid, as a result of a FOCI non-approval decisions.

(End SSR)

c. Contracting Officer’s Security Representative Clause Contracting Officer’s Security Representatives (COSR) are the designated security representatives of the Contracting Officer and derive their authorities directly from the Contracting Officer They are responsible for certifying the contractor’s capability for handling classified material and ensuring the customer security policies and procedures are met. The COSR is the focal point for the contractor, Contracting Officer, and Contracting Officer’s Representative regarding security issues. The COSR cannot initiate any course of action that may alter the terms or price/cost of the contract the COSR for this contract is Todd Throckmorton and he can be reached at (202) 203-1849.

The Office of General Counsel and Finance Division have reviewed and approved the following special security requirements for inclusion in all acquisitions/procurements requiring access to FBI facilities awarded on or after 09/01/2007.

(End SSR)

d. 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 or 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 Acknowledgement Form” (FD-484) and two Fingerprint Cards (FD 258(. Completed forms should be provided to the assigned Contracting Officer’s Technical Representative (COR) at least ten (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 will be transmitted to the FBI electronically.

To complete the SF-86 using e-Qip, the individual requiring unescorted access t the FBI facility must contact _______________ Chief Security Officer, Critical Incident Response Division, 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/browsercheck.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) – Non-Personnel Consent to Release Information (FD-979a), the United States Department of Justice’s 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 of UPS Express Mail directly to the following address: (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.

e. Security Requirements Applicable to Contractor Personnel with Access to FBI Locations, Protected Information and/or Information Systems Contractor personnel security reporting requirements are applicable to all individuals to be assigned to FBI locations, those who require access to protected information, and/or information systems, to include those identified as “Key Personnel”, if specified in the contract. The contractor shall place for expected attrition through advanced preparation and submissions of required information.

Award of this contract is anticipated to result in assignment of contractor personnel to FBI occupied space, access to protected information and or information systems. “Protected information” includes classified information, Foreign Intelligence Surveillance Act information, Sensitive but Unclassified information, including Law Enforcement Sensitive, personally identifiable information, business proprietary information, and any other information that is non-public and/or protected from disclosure by law or policy. Security and ethical conduct requirements, specific to the contract, to include a copy of the “Contractor & FBI Employee’s Ethics Fact Sheet” are provided. Any questions that the contractor or contractor personnel may have on the applicability of these requirements shall be addressed to the Contracting Officer’s Security Representative Todd Throckmorton at 202-203-1849. As such, all contractor personnel assigned to perform on this contract must be briefed by the contractor on the provided FBI policies and procedures, as identified in the contract, regarding ethical conduct and security requirements. A list of assigned Contractor personnel and verification of their briefing shall be provided to the cognizant contractor security officer for subsequent transmittal to the proper FBI Security Officer assigned oversight of this contract. This list must be provided no later than 7 days in advance of initial performance for those contractor personnel whose performance will require assignment to an FBI location. Failure to provide the required verification of briefing will result n a delay of the individual’s access to the facility. Additionally, within 15 days from assignment to FBI space, the employee must attend an FBI Security Awareness Briefing, which will further address FBI policies and procedures, as identified by FBI Policy. This training is currently satisfied through the contractor employee’s attendance at the Security Division’s Career Services Management Unit’s quarterly contractor’s training offered at FBI, 935 Pennsylvania Avenue, NW, Washington, DC, and other identified geographical locations. The assigned FBI CO will contact the employee with the date and time of their scheduled briefing. Failure to attend this briefing or make arrangements to attend a subsequent briefing will result in immediate removal of the employee from FBI space. If contract performance is impacted as a result of removal of the employee, the contractor may be found in default of the contract. In the event that certain material relevant to the contract is not explicitly covered by the contract or regulations, the contractor is required to seek FBI guidance regarding its handling of such information whether classified or unclassified.

Only such persons who have been authorized by the CO and/or the CSO/COSR, shall be assigned to this work. In this regard, for identification purposes, the contractor will be required to submit the name, address, place, and date of birth of all personnel who will be involved n the work hereunder. Said information will be required to be provided to the identified CSO not later than seven (7) days in advance of the schedule date of such work. Information relating to an individual(s) identified as “key Personnel” should be reported to the CSO after the written consent of the CO has been received.

The contractor agrees to abide by all applicable FBI security policies or procedures governing personnel, facilities, information, technical, information systems, communications, and protective programs.

All contractor personnel who receive a security clearance, facility, information, or information system access approval under the terms of this contract will be required to execute a FB specified nondisclosure agreement. The contractor agrees to abide by all applicable FBI security policies and procedures governing personnel, facilities, technical, information systems, communications, and protective programs. The following reporting requirements must be reported to the identified CSO as promptly as possible, but in no event later than three (3) business days of the conduct, event, or activity. Reporting requirements are to be accomplished electronically, if the contractor personnel are assigned to FBI locations, through the FBI’s established Enterprise Process Automation System (EPAS), or in writing, if the contractor personnel are not performing at an FBI location.

Contractor personnel are required to report the following high-risk security concerns, if not previously reported to the FBI:

1. Unofficial contacts with foreign nationals (FD 981 Report of Foreign Contact)

2. Unofficial contacts with individuals who are or who are suspected to be engaging in criminal or terrorist activity (FD 1078 Personnel Self Reporting Requirements Form)

Unofficial contacts may develop in person or through interaction between parties via written or electronic communication (e.g., the Internet, letter, or telephone).

3. Failure to comply with the Standard of Ethical Conduct for Employees of the Executive Branch, etc.

4. Dual or multiple citizenship and use or possession of an active foreign passport involving foreign travel. All contractor employees with employee-type access to FBI facilities, information and information system, who possess both citizenship in the United States and a foreign country are required to affirm that he/she has renounced his/her dual citizenship, or expressed a willingness to renounce any foreign citizenship through the execution of the Loyalty Agreement Form and surrender of their current or expired foreign passport to the FBI, Security Division, Clearance Passage and Sub-Programs Unit (CPSU), WB-450, 935 Pennsylvania Avenue, NW, Washington, DC 20535. “Employee type” access is defined as access by a contractor which includes their assignment to an FBI location with access to FBI protected information and information systems. If the contractor employee is not located within the Washington, DC metropolitan area, the executed Loyalty Agreement Form and current or expired foreign passport should be forwarded via Federal Express. Receipt of the foreign passport will be validated through the issuance of a property receipt to the contractor employee. The contractor employee shall notify the Unit Chief, CPSU of the contract performance termination, when possible, no earlier than 30 days prior to separation and request the return of his/her foreign passport. Temporary access to foreign passports for travel may be granted on a case-by-case basis taking into consideration the risk associated with the request and whether the risk is manageable and acceptable. Requests shall be submitted in writing to the Assistant Director, Security Division, or designee, at least 30 days prior to travel.

The exercise of any right, privilege, or obligation of foreign citizenship by a contractor employee with dual citizenship and foreign passport, without notification to the FBI, Security Division, CPSU, and the specific approval of the Assistance Director, Security Division, or designee, will be viewed as a direct violation of FBI security requirements. This includes, but is not limited to:

(1) Possession of a current foreign passport;

(2) Military service or a willingness to bear arms for a foreign country;

(3) Accepting educational, medical, retirement, social welfare, or other such benefits from a foreign country;

(4) Residence in a foreign country to meet citizenship requirements;

(5) Using foreign citizenship to protect financial or business interests in another country seeking or holding political office in a foreign country;

(6) Seeking or holding political office in a foreign country’

(7) Voting in foreign elections;

(8) Action to acquire or obtain recognition of a foreign citizenship by an American citizen;

(9) Performing or attempting to perform duties, or otherwise acting, so as to serve the interests of a foreign person, group, organization, or government in conflict…