Security_Requirements.docx

SECURITY

FBI

FBI Security Regulations

Contractors must meet all criteria stated in these regulations to be considered for an award. This includes completing the Risk Assessment Questionnaire and Key Management Personnel List for the Prime Contractor and all proposed Subcontractors. Submission of these documents shall include identification of the proposal number, name of the assigned CO, and certification of the accuracy of the provided information by an Executive Management Official of the company. Providing incomplete or false information will result in a non-award for this IDIQ as well as for default under the Default Clause of this IDIQ after a Task Order is awarded. In addition, OFFERORS shall be required to have all personnel complete Non-Disclosure Agreements and Warrantless Search Agreements prior to commencement on any awarded Task Order.

Access to DOJ facilities and information is subject to specific security and suitability requirements. The DOJ reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the DOJ, at any time during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this IDIQ. Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for continued IDIQ and/or Task Order performance. Failure to replace the employee may result in a no price termination for cause by the Government.

General Security

1. The FBI has determined that performance of this effort may require that the Contractor have access to classified National Security Information (herein known as classified information).

1. Classified information is Government information which requires protection in accordance with Executive Order 12958, Classified National Security Information, and supplementing directives.

1. The Contractor shall abide by the requirements set forth in the Contract Security Classification Specification (DD Form 254) and the National Industrial Security Operating Manual (NISPOM), DoD 5200.22-M for the protection of classified information at its cleared facility, if applicable, as directed by the Security Service. If the Contractor has access to classified information at a FBI or other Government facility, it shall abide by the requirements set by the agency. The DD Form 254 shall be provided upon IDIQ award.

1. The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual shall interface with the FBI Security Office on all security matters, to include physical, personnel and protection of all Government information and data accessed by the Contractor.

1. Contractor personnel will require access to classified information and have access to classified areas. Contractor personnel shall possess at least an active and transferable Government Secret clearance at the time of proposal submission. Contractors who will have access to FBI facilities, systems or data shall possess an active and transferable Top Secret clearance at the time of proposal submission. The Government reserves the right to waive this requirement for any portion of the work that deals with technologies or data that is in the public domain. Contractor personnel assigned to this project shall be subject to routine criminal and credit checks by the FBI.

1. Contractor personnel shall be subject to counterintelligence focused polygraph examinations at the Government's discretion. The polygraph examinations may be required prior to acceptance or at any time during the Task Order, without notice.

1. Due to the sensitive nature of FBI information, the Contractor shall incorporate a security plan within the Contract Management Plan to address the security needs work performed under this contract. The Contractor’s security program shall adhere to the requirements set forth in the Department of Justice (DOJ) Order 2640.2D, Information Technology Security, and other FBI guidelines and directives regarding information security requirements

1. The Contractor shall provide their process and procedures for the protection of SBU information.

Security Requirements The contractor must possess a current, active DISCO Top Secret Facility Clearance. Contractor personnel who will require access to National Security Information (NSI), access to equipment used to process NSI, and / or who performs services in FBI facilities on a continuing basis shall require a DISCO Top Secret and authorization from the FBI Security Program Manager (SPM). The contractor must supply the FBI with employee’s names, properly executed Questionnaire for Sensitive Positions (SF-86) two fingerprint cards (FD-258) and the SF-328, “Certificate Pertaining to Foreign Interests” and the Key Management Personnel List (KMPL)for each employee requiring such access. The FBI will conduct such investigation and inquiry as the SPM deems necessary. The FBI will, within 90 days of receipt of the SF-86 and FD-258, make a preliminary determination as to the eligibility of those employees. The form of this determination will be approval for interim access or denial of access pending completion of the investigation. The FBI will make application to DISCO on behalf of those employees not possessing DISCO clearance. DISCO will be the final adjudicator of clearances. The FBI will maintain a list of contractor employees who have been authorized access. The Contractor shall provide personnel from this list to perform services.

The SF-86 questionnaire and FD-258 fingerprint cards must be returned within 10 days after receipt by the contractor or liquidated damages shall apply. These forms are to be sent to the FBI Contracting Officer’s Representative (COR), Wanda Moser, at FBI 935 Pennsylvania Ave NW, Washington, DC 20535 for administrative processing. Incomplete or improperly executed forms will not be processed. The COR will be responsible for advising the contractor of clearance results, monitoring employee access status, facilitating FBIHQ Security Access Control badge acquisition for authorized contract employees and processing clearance termination as appropriate.

CONTRACT PERSONNEL REQUIREMENTS

Access To FBI Locations (E-QIP Security Requirement)

These procedures apply to personnel who do not have valid US Government Top Secret clearance prior to beginning work for the FBI. Personnel with valid clearances only need to have them provided to the FBI.

1. 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.

1. 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 Technical Representative (COTR) at least 10 days prior to required access.

1. 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.

1. To complete the SF-86 using e-QIP, the individual requiring unescorted access to the FBI facility must contact Rod Benke, FBI IT Branch Chief Security Officer, at 703-872-5043 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.

1. 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.

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

Personnel Security Requirements

The administrative control and maintenance of accurate records of contractors has been identified by both the Intelligence Community and FBI Executive Management as a matter of concern. With the continuous dependency on contractors to support the FBI, to include access to FBI facilities and information, if a procurement is expected to result in the acquisition of services involving the assignment of contractor personnel to FBI locations the Program Management Officer/Contracting Officer's Technical Representative (COTR)/Contracting Officer’s Representative (COR), in coordination with the assigned Chief Security Officer, are required to identify during procurement planning stages, whether an acquisition will require assignment of contractor personnel to FBI locations.

Special Security Requirements

a) Security Requirements Applicable to Contractor Personnel Assigned to FBI Locations Requirements are applicable to all individuals to be assigned to FBI locations, to include those identified as "Key Personnel", if specified in the contract. The contractor shall plan for expected attrition through advanced preparation and submission of required information.

Award of this contract is anticipated to result in assignment of contractor personnel to FBI controlled or occupied space. Security and ethical conduct requirements, specific to the contract, to include a copy of the "Contractor & FBI Employees Ethics Standards Factsheet" 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 or Rod Benke, FBI IT Branch Chief Security Officer, 703-872-5043. As such, all contractor personnel assigned to such space must be briefed, in advance of arrival, 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 seven (7) days in advance of the individual's scheduled date of initial performance at an FBI location. Failure to provide the required verification of briefing will result in 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 in FBI's Policy and Guidance Library. 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. The assigned FBI Chief Security Officer 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 the development of information or material is not clearly covered by the contract or regulations, the contractor is required to seek FBI guidance regarding its handling of classified and/or unclassified information.

Only such persons who have been authorized by the Contracting Officer and/or the Chief Security Officer/Contracting Officer's Security Representative, if the work is for other than specified personnel, shall be assigned to this work. In this connection, for identification purposes, the contractor shall be required to submit the name, address, place and date of birth of all personnel who will be involved in the work hereunder. Said information shall be required to be provided to the identified Chief Security Officer not later than seven (7) days in advance of the scheduled date of such work. Information relating to an individual(s) identified as "Key Personnel" should be reported to the Chief Security Officer after the written consent of the Contracting Officer has been received.

All contractor personnel who receive a security clearance or access approval under the terms of this contract shall be required to execute a FBI specified nondisclosure agreement.

b) The contractor agrees to abide by all applicable FBI security regulations governing personnel, facilities, technical, information systems, communications and protective programs.

c) The following reporting requirements are to be reported to the identified Chief Security Officer as promptly as possible, but in no event later than two (2) business days after receipt of such knowledge.

1) Adverse Information. Contractors shall report any adverse information coming to their attention concerning any of their employees supporting this contract. Adverse information is defined as any information that adversely reflect on the integrity or character of an employee that suggests that his or her ability to safeguard FBI Sensitive But Unclassified (SBU)/Law Enforcement Sensitive (LES) and/or classified information may be impaired, or that his or her access to the information clearly may not be in the interest of the FBI and/or National Security.

2) Suspicious Contacts. Contractors shall report efforts by any individual, regardless of nationality, to obtain illegal or unauthorized access to FBI SBU/LES or classified information or to compromise an employee.

3) Change in Employee Status. Contractors shall report (1) the death, (2) a name change, (3) change in marital status, (4) change to performance which alters their originally assigned location and FBI Division to which they report, (5) termination of employment.

4) Employees Desiring Not to Perform on the Contract. Evidence that an employee no longer wishes to support the contract.

5) Official or Unofficial Foreign Travel.

Special Security Requirement

Security Requirements Applicable to Contractor Personnel Assigned to FBI Locations, with Access to Sensitive Compartmented Information (SCI) and the FBI Secret Network (FBINET), or those selected by the Director or Deputy Director of the FBI.

Requirements are applicable to all individuals to be assigned to FBI locations, to include those identified as "Key Personnel", if specified in the contract, who will require access to FBI locations, SCI and FBINET, or those selected by the Director or Deputy Director of the FBI.

Award of this contract is anticipated to result in the assignment of contractor personnel to FBI controlled or occupied space with access to SCI and the FBINET. As such, all contractor personnel assigned to such space with access to SCI and FBINET, or those selected by the Director or Deputy Director of the FBI, are required to file an annual Security Financial Disclosure Form (SFDF). Information collected through these filings is used to help make personnel security determinations including whether to allow access to classified information, sensitive areas, and equipment; or to permit assignment to sensitive national security positions. The data may be subsequently used as part of a review process to evaluate continued eligibility for access to classified information or as evidence in legal proceedings.

Upon request, contractor employees required to file must:

a. Submit an annual financial disclosure form electronically using the SFDF. The SFDF is a web-based form that is accessible only through the FBI Intranet. Every form submitted undergoes automated analysis, and is stored in a secure database;

b. Sign and submit two consent forms: Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act, (DOJ-555) and Personnel Consent to Release Information, (FD-979) to the assigned FBI Chief Security Officer. (These consent forms are used only if deemed necessary by the FBI in the event of a financial review. If a filer submitted the consent forms in a previous year, he/she would be required to resubmit only the form if requested to do so by the assigned FBI Chief Security Officer);

c. Include all requested information pertaining to the filer, his or her spouse, and any dependent children. A filer whose spouse or dependent(s) refuse to provide financial information should explain the circumstances of this refusal in the Comments Section of the SFDF. The filer may be subject to penalties, including having access to classified information suspended, revoked, or denied. Individual circumstances are reviewed on a case by case basis.

d. Not omit or provide false or misleading information on an SFDF. Filings are reviewed for accuracy and completeness, and filers may be contacted by FBI employees/contractors assigned the responsibility of the Financial Disclosure Program regarding any potential discrepancies and/or omissions.

Contractor employees who meet the sited criteria are required to file and are responsible for the successful completion of the SFDF process. Refusal to submit financial disclosure information could result in the immediate removal of the employee from FBI space, restricted access to FBI information or denial of unescorted access to FBI facilities. Exceptions will be resolved on a case-by-case basis. If contract performance is impacted as a result of removal of the employee, the contractor may be found in default of the contract. If a contractor employee terminates employment and/or assignment to the FBI prior to the reporting requirement, the contractor employee is not required to file.

Contractor Suitability Special Security Requirement (SSR)

Access to DOJ facilities and information is subject to specific security and suitability requirements. The DOJ reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the DOJ, at any time during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract. Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for continued contract performance. Failure to replace the employee may result in a no price termination for cause by the government.

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 determines 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 Section K. 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) must be 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 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 in 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.

In Section K, Offerors shall complete the Acquisition Risk Questions and Key Management Personnel Listing (KMPL) for the prime contractor and all proposed subcontractors. Provision of false information shall be cause for default under the Default Clause of this contract.

The information in Section K regarding Key Management Personnel, which may identify U.S. persons, is being requested pursuant to the National Security Act of 1947, as amended, and Intelligence Community Directive (ICD) 731, Supply Chain Risk Management, 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 Records System (CRS), Justice/FBI-002, last published in full in the Federal Register on February 20, 1998 (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 purposes of this clause, a U.S. 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 an acquisition risk determination. If the Offeror, or 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's (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 repayment.

(7) Annual total revenues or net income in excess of 5 percent from a single foreign person or in 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 (FOCI) 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 (FOCI); or where any FOCI, in the opinion of the Government, adversely impacts on 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 on 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 be 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 nonapproval decision.

Consent for Warrantless Searches of Department of Justice Workplaces

All cleared personnel accessing information within FBI controlled space are required to execute an FBI Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces as a condition of working at FBI facilities. The FBI's Director implemented the Attorney General's policy subjecting employees to warrantless physical searches of their offices or immediate workplaces within DOJ premises when authorized by the Attorney General (AG) or the Deputy Attorney General (DAG) based upon a determination that information the Department deems credible indicates that the employee:

1) is, or may be, disclosing classified information in an unauthorized manner;

2) Has incurred excessive indebtedness or has acquired a level of affluence that can not be reasonably explained by other information;

3) Had the capability and opportunity to disclose classified information that is believed to have been lost or compromised to a foreign power or an agent of a foreign power; or

4) Has repeatedly or significantly mishandled or improperly stored classified information.

The search may extend to the entire office or workplace and anything within it that might hold classified information, including locked containers (such as briefcases) and electronic storage media (such as computer disk and handheld computers), whether owned by the government, by the employee, or by a third party. The search may be conducted by appropriate FBI personnel and/or law enforcement officers, on an announced or unannounced basis, during the workday or after hours. If discovered during a search, evidence of misconduct - whether related to storage or classified information, storage of sensitive but unclassified information, or a crime - will be collected and reported to appropriate authorities.

Contractor personnel who will meet the above criteria will be required to sign Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces (attached) upon award and forward the executed form(s) to the assigned Contracting Officer's Technical Representative designated in Section G of the solicitation if this is a formal solicitation or listed below. All forms will be retained by the FBI during the period the individual is providing services and two years after that individual's departure before final disposition is taken.

Contractor Personnel Security Reporting Requirements Background: The administrative control and maintenance of accurate records of contractor personnel has been identified by both the IC and FBI Executive Management as a matter of concern. With the continuous dependency on contractors to support the FBI, to include access to FBI facilities and information, if a procurement is expected to result in the acquisition of services involving the assignment of contractor personnel to FBI locations, access to protected information and/or information systems, the Program Management Officer/COR, in coordination with the assigned CSO, are required to identify during procurement planning stages, whether an acquisition will require assignment one of these situations, and therefore require the anticipated contract to include the Special Security Clause identified below.

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 plan for expected attrition through advanced preparation and submission of required information.

Award of this contract is anticipated to result in assignment of contractor personnel to FBI controlled or 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 Employees Ethics Standards 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 or name of CSO, at (telephone number). 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 seven (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 in 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 CSO 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 in 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 scheduled 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 FBI 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 systems, who possess both citizenship with 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 their 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 aproval of the Assistant 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 arams for a foreign country;

(3) Accepting eductional, 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;

(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 with the national security interest;

(10) Any statement or action that shows allegiance to a country other than the United States: for example, declaration of intent to renounce United States citizenship; renunciation of United States citizenship;

(11) Any attempt to obtain a new foreign passport or renew an expired foreign passport is prohibited.

5. Current foreign citizenship of a spouse.

6. Current residence with a person who is not a United States citizen.

7. Current residence of immediate family members (parents, spouse, children and/or siblings) in a foreign country.

8. Foreign financial holdings, in excess of $3,000.00, such as currency in a foreign financial institution and/or ownership of foreign real estate/property or business(es).

9. Receipt of money or assets, e.g., pensions, inheritances, living expenses, annuities, or any other form of financial support, from a foreign government or any foreign national, excluding immediate family members if they are legally residing in the United States.

10. Current association, or immediate family member’s current association, with a foreign government or military of a foreign country.

11. Direct or suspected links, to include close or immediate family members, to any criminal foreign intelligence, and/or domestic/foreign terrorism organization or group.

12. Other security concerns that could adversely impact upon the security and/or safety of FBI personnel, information, facilities or mission; safety of other individual; and/or the protection of U.S. national security interests.

13. Other reportable events, incidents, and/or concerns involving contractor personnel and/or their close or immediate family members. Other reportable events/ incidents, and/or concerns is defined as any information that adversely reflect on the integrity or character of an employee that suggests that his or her ability to safeguard FBI Sensitive But Unclassified (SBU)/Law Enforcement Sensitive (LES) and/or classified information may be impaired, or that his or her access to the information clearly may not be in the interest of the FBI and/or National Security.

The following reporting requirements must be reported to the identified CSO as promptly as possible, but in no event later than five (5) business days when the, activity, or incident occurred. Reporting requirements are to be accomplished electronically, if the contractor personnel are assigned to FBI locations, through the “Personnel Self-Reporting” (FD 1078) EPAS form, or manually, with the identified hardcopy forms.

1. Law Enforcement contact(s):

a. During aggravated or unusual circumstances (e.g., any arrest, domestic violence incident report, driving while intoxicated/under the influence (DWI/DUI), etc.)

b. Issued traffic ticket or criminal citation for a violation, resulting in fine(s) in excess of $300.00.

2. Financial Indebtedness:

a. Filing/petition for bankruptcy due to outstanding personal debts, which may result in an adjudication by a U.S. Bankruptcy Court for: liquidation or discharge of debts, dismissal or denial of bankruptcy petition, individual debt adjustment, and/or subsequent revocation of any initial discharge of debts.

3. Outside employment and activities (FD 331, 331a, 331b, 331c, or 331d)

4. Official and unofficial foreign travel (FD 772 or 772b)

5. Official and unofficial foreign national contacts (FD 981)

6. Change in marital status (FD 292)

7. Roommates or cohabitants (FD 773)

Contractors shall immediately report, either verbally or through written communication, the following to the designated CSO:

1. Change to contractor’s status as a result of death.

2. Change to contractor’s status which alters their originally assigned location and FBI Division to which they report.

3. Employees desiring not to perform on the contract.

Willful disregard of these requirements, or refusal to consent to, or to complete to the satisfaction of the CSO, FBI investigator and/or the Security Division, any lawful and appropriate request(s) may warrant an assessment of the contractor employee for continued eligibility for FBI facility, information and/or information system access privileges and the Contracting Officer’s may initiate action resulting in the immediate removal of the employee from FBI space and ability to perform on FBI contracts. Such action(s) may in addition be subject to any action or penalty prescribed by law. 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 the development of information or material is not clearly addressed by the contract or FBI security policy or procedures, the contractor is required to seek FBI guidance.

Financial Disclosure Requirements

Financial considerations and foreign travel have been identified as significant elements in recent espionage cases. In response to these threats, Executive Order 12968 established a requirement that all Executive Branch personnel who are granted access to "particularly sensitive classified information" as a condition of such access, file with the agency head an annual financial disclosure report. With the continuous dependency on contractors to support the FBI, to include access to classified information, if a procurement is expected to result in the acquisition of services involving the assignment of contractor personnel to FBI locations, access to Sensitive Compartmented Information (SCI) and access to the FBI's Secret Network (FBINET) the Program Management Officer/Contracting Officer's Technical Representative (COTR), in coordination with the assigned Chief Security Officer, are required to identify during procurement planning stages, whether an acquisition will require the anticipated contract to include the Special Security Requirement identified below:

Special Security Requirement

Security Requirements Applicable to Contractor Personnel Assigned to FBI Locations, with Access to Sensitive Compartmented Information (SCI) and the FBI Secret Network (FBINET), or those selected by the Director or Deputy Director of the FBI.

Requirements are applicable to all individuals to be assigned to FBI locations, to include those identified as "Key Personnel", if specified in the contract, who will require access to FBI locations, SCI and FBINET, or those selected by the Director or Deputy Director of the FBI.

Award of this contract is anticipated to result in the assignment of contractor personnel to FBI controlled or occupied space with access to SCI and the FBINET. As such, all contractor personnel assigned to such space with access to SCI and FBINET, or those selected by the Director or Deputy Director of the FBI, are required to file an annual Security Financial Disclosure Form (SFDF). Information collected through these filings is used to help make personnel security determinations including whether to allow access to classified information, sensitive areas, and equipment; or to permit assignment to sensitive national security positions. The data may be subsequently used as part of a review process to evaluate continued eligibility for access to classified information or as evidence in legal proceedings.

Upon request, contractor employees required to file must:

a. Submit an annual financial disclosure form electronically using the SFDF. The SFDF is a web-based form that is accessible only through the FBI Intranet. Every form submitted undergoes automated analysis, and is stored in a secure database;

b. Sign and submit two consent forms: Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act, (DOJ-555) and Personnel Consent to Release Information, (FD-979) to the assigned FBI Chief Security Officer. (These consent forms are used only if deemed necessary by the FBI in the event of a financial review.