Combined_Synopsis_Solicitation_Firing_Range_Lead_Extraction.pdf

U.S. Department of Justice Federal Bureau of Investigation Finance and Facilities Division

Quantico Firing Range Lead Extraction Finance and Facilities Division (FFD)

Request for Proposal (RFP)

DJF-19-2100-PR-0007091

August 20, 2019

RFP DJF-19-2100-PR-0007091

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

SECTION B

General Information

Document Type: Combined Solicitation/Synopsis RFP Number: DJF-19-2100-PR-0007091 Product or Service Code: 99 - Miscellaneous Set Aside: Total Small Business NAICS Code: 562910 – Remediation Services

Contracting Office Address U.S. Department of Justice Federal Bureau of Investigation Facilities Acquisition Unit FBI Academy, Mod A 1 Range Rd Quantico, VA 22134

B.1 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Part 12, “Acquisition of Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87 effective 06 Apr 2016. The complete text of any of the clauses and provisions may be accessed in full text at.

This RFP is solicited as an unrestricted basis. The associated North American Industrial Classification System (NAICS) code for this procurement is 562910 – Remediation Services.

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

A Contractor's proposal shall be clearly stated, complete and provide a straightforward, concise delineation if its capabilities and services to satisfy this RFP.

This is a contract to provide Lead Extraction Services for the Firing Ranges at the Federal Bureau of Investigation (FBI) Academy, Quantico Virginia for the Federal Bureau of Investigation (FBI) Finance and Facilities Division (FFD). The Government shall not exercise any supervision or control over contractor employees performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. Each range location will have its own Clin number associated with it i.e., Clin 0001 is for the Range # 1. This work shall be in accordance with Statement of Work (SOW) dated 06/19/2019.

B.2 SCHEDULE OF PRICES/COSTS

All interested companies shall provide proposals for the following:

ITEM SUPPLIES/SERVICES Qty Unit Unit Price Net Amount

0001 2 WKS PER YR _________ __________

Firing Range Lead Extraction (Range # 1) Contract type: FIRM FIXED PRICE Start Date: Date of Award Completion Date: 1 Year from Award

B.2.1 OPTION

CLIN Option Quantity Unit Total Price 0002 Firing Range Lead Extraction

Range # 2 (FBI Academy) 2 Weeks Per Year

0003 Firing Range Lead Extraction Range # 3 (FBI Academy)

2 Weeks Per Year

0004 Firing Range Lead Extraction Range # 4 (FBI Academy)

2 Weeks Per Year

0005 Firing Range Lead Extraction Range # 5 (FBI Academy)

2 Weeks Per Year

0006 Firing Range Lead Extraction Range # 6A-6B (FBI Academy)

2 Weeks Per Year

0007 Firing Range Lead Extraction Range # 7 (FBI Academy)

2 Weeks Per Year

0008 Firing Range Lead Extraction Range # 8 (FBI Academy)

2 Weeks Per Year

B.2.2 OPTION PERIODS

CLIN Option Period 1 Quantity Unit Total Price 1001 Firing Range Lead Extraction

Range # 1 (FBI Academy) 2 Weeks Per Year

1002 Firing Range Lead Extraction Range # 2 (FBI Academy)

2 Weeks Per Year

1003 Firing Range Lead Extraction Range # 3 (FBI Academy)

2 Weeks Per Year

1004 Firing Range Lead Extraction Range # 4 (FBI Academy)

2 Weeks Per Year

1005 Firing Range Lead Extraction Range # 5 (FBI Academy)

2 Weeks Per Year

1006 Firing Range Lead Extraction Range # 6A-6B (FBI Academy)

2 Weeks Per Year

1007 Firing Range Lead Extraction Range # 7 (FBI Academy)

2 Weeks Per Year

1008 Firing Range Lead Extraction

CLIN Option Period 2 Quantity Unit Total Price 2001 Firing Range Lead Extraction

Range # 1 (FBI Academy) 2 Weeks Per Year

2002 Firing Range Lead Extraction Range # 2 (FBI Academy)

2 Weeks Per Year

2003 Firing Range Lead Extraction Range # 3 (FBI Academy)

2 Weeks Per Year

2004 Firing Range Lead Extraction Range # 4 (FBI Academy)

2 Weeks Per Year

2005 Firing Range Lead Extraction Range # 5 (FBI Academy)

2 Weeks Per Year

2006 Firing Range Lead Extraction Range # 6A-6B (FBI Academy)

2 Weeks Per Year

2007 Firing Range Lead Extraction Range # 7 (FBI Academy)

2 Weeks Per Year

2008 Firing Range Lead Extraction

CLIN Option Period 3 Quantity Unit Total Price 3001 Firing Range Lead Extraction

Range # 1 (FBI Academy) 2 Weeks Per Year

3002 Firing Range Lead Extraction Range # 2 (FBI Academy)

2 Weeks Per Year

3003 Firing Range Lead Extraction Range # 3 (FBI Academy)

2 Weeks Per Year

3004 Firing Range Lead Extraction Range # 4 (FBI Academy)

2 Weeks Per Year

3005 Firing Range Lead Extraction Range # 5 (FBI Academy)

3006 Firing Range Lead Extraction Range # 6A-6B (FBI Academy)

2 Weeks Per Year

3007 Firing Range Lead Extraction Range # 7 (FBI Academy)

2 Weeks Per Year

3008 Firing Range Lead Extraction

CLIN Option Period 4 Quantity Unit Total Price 4001 Firing Range Lead Extraction

Range # 1 (FBI Academy) 2 Weeks Per Year

4002 Firing Range Lead Extraction Range # 2 (FBI Academy)

2 Weeks Per Year

4003 Firing Range Lead Extraction Range # 3 (FBI Academy)

2 Weeks Per Year

4004 Firing Range Lead Extraction Range # 4 (FBI Academy)

2 Weeks Per Year

4005 Firing Range Lead Extraction Range # 5 (FBI Academy)

2 Weeks Per Year

4006 Firing Range Lead Extraction Range # 6A-6B (FBI Academy)

2 Weeks Per Year

4007 Firing Range Lead Extraction Range # 7 (FBI Academy)

2 Weeks Per Year

4008 Firing Range Lead Extraction

GRAND TOTAL CLINS: $____________

FBI RFP DJF-19-2100-PR-0007091

B.3 STATEMENT OF WORK

Services This RFP is being issued to establish a single award Firm-Fixed Price (FFP) contract to provide for Firing Range Lead Extraction Services. The services shall be performed in accordance with SOW provided in Attachment 1. Any award resulting from this RFP will be issued on a Standard Form (SF) 1449.

Delivery shall be provided in accordance with the SOW order/award of contract.

Places of Performance

Address: FBI Academy 1 Range Road

Postal Code: Quantico, VA 22134 Country: UNITED STATES

SECTION C - CONTRACT CLAUSES

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

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

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

The following contract clauses apply to this acquisition:

C.1 FAR 52.212-4, CONTRACT TERMS AND CONDITIONS–COMMERCIAL ITEMS (JAN

2017)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract:

Clause No Clause Title Date

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant against Contingent Fees (May 2014) 52.203-12 Limitation on Payments to influence Certain Federal

Transactions (Oct 2010)

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

(Apr 2014)

52.204-18 Commercial and Government Entity Code Maintenance

(Jul 2016)

52.204-19 Incorporation by Reference of Representations and Certifications.

(Dec 2014)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

(Jun 2016)

52.217-8 Option to Extend Services Fill-In Date: Within 1 calendar days of contract expiration date.

(Nov 1999)

52.228-5 Insurance -- Work on a Government Installation. (Jan 1997)

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments).

(Feb 2013)

52.236-7 Permits and Responsibilities (Nov 1991)

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

(Apr 1984)

52.242-13 Bankruptcy (Jul 1995) http://acquisition.gov/comp/far/index.html

Clause No Clause Title Date 52.243-1 Changes – Fixed Price, Alternate II (Apr 1984) 52.246-4 Inspection of Services – Fixed Price (Aug 1996)

C.2 FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS (NOV 2017)

The following subparagraphs of FAR 52.212-5 are applicable:

Subparagraph (b)(1), (4), (6), (8), (22), (25), (26), (27), (28) (29), (30), (33), (42), (43), (44), (48), (54) and (57)

Subparagraph (c)(1), (2), (3), (4), and (8)

(End of Clause)

C.2 COMMERCIAL ADVERTISING

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

C.3 CONTRACTOR RESPONSIBILITIES

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

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

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

The Contractor shall, at its own expense, provide and maintain during the entire period of any resulting contract, including any extensions granted by contract modification, at least the kinds and minimum amounts of insurance noted here. In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employer’s liability: Contractors are required to comply with applicable Federal and State workers' compensation statutes. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrence.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful offeror must present to the Contracting Officer, prior to award, evidence of insurance without any exclusionary clauses that would void the coverages. When requested by the Contracting Officer, the Contractor shall provide a copy of all proofs of required insurance no later than five (5) days before each subcontractor commences work on the Government installation.

C.5 KEY PERSONNEL

The Government does not intend to dictate the composition of the ideal team to perform this contract. The Government desires that Key Personnel be assigned for the duration of the contract.

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

The contractor shall utilize the personnel named or otherwise identified and for the period of time specified in the Technical Proposal to perform services required under this effort. The Contractor may not remove from the contract any key personnel or subcontractor key personnel being utilized by the contractor for the duration of the contract. In the event that personnel named in the Technical Proposal are unable to perform their duties due to death, illness, resignation, or similar reasons, the Contractor shall immediately notify the CO in writing of the inability of the individual to perform their duties. The Contractor shall promptly submit to the FBI CO and COR, in writing, the name and qualifications of proposed replacement subject to Special Contract Requirements, Key Personnel Substitution.

The Contractor shall provide selected replacement(s) within 10 calendar days unless otherwise extended by the CO. Following th elocation of an acceptable replacement, the Contractor shall assure that a minimum of 5 eight-hour days are devoted to the supplying of project background information to the approved key personnel or subcontractor key personnel prior to the release of the key personnel or subcontractor key personnel from the project.

C.6 REMOVAL OF KEY PERSONNEL

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

Page

C.7 KEY PERSONNEL SUBSTITUTION

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

They include the PM and other personnel providing supervision or critical technical oversight.

The contractor shall not replace any personnel designated as Key Personnel without the written concurrence of the CO. The Contractor shall notify no later than 10 calendar days in advance of any proposed substitution and shall include justification (including resume(s) and labor category of proposed substitution(s)) in sufficient detail to permit evaluation of the impact on DO performance. The Government will approve initial contactor Key Personnel at time of award.

Replacement Key Personnel will be approved via modification to the DO.

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

C.8 INDEMNIFICATION

(a) Responsibility for Government Property

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

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

(b) Hold Harmless and Indemnification Agreement

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

(c) Government's Right of Recovery

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

(d) Government Liability

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

C.9 PROCUREMENT-SENSITIVE AND SENSITIVE INFORMATION NON-

DISCLOSURE AGREEMENT

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

FBI.

C.10 SUBMISSION OF DOCUMENTS AND NOTES

The Contractor shall forward a copy of the documentation generated as a result of this contract to the FBI Contracting Officer’s identified herein. This information shall include but is not limited to weekly and monthly reports and special reports when generated.

C.11 ANNOUNCEMENT OF PROJECTS

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

C.12 ORGANIZATIONAL CONFLICT OF INTEREST AND NON-DISCLOSURE

REQUIREMENTS

ORGANIZATIONAL CONFLICT OF INTEREST

If the contractor is currently providing support or anticipates providing support to the FBI Criminal Justice Information Services Division or Finance Division that creates or represents an actual or potential organizational conflict of interest (OCI), the contractor shall immediately disclose this actual or potential OCI in accordance with FAR Subpart 9.5. The contractor is also required to complete and sign an Organizational Conflict of Interest Statement in which the contractor (and any subcontractors, consultants or teaming partners) agrees to disclose information concerning the actual or potential conflict with any proposal for any solicitation relating to any work in the Contract. All actual or potential OCI situations shall be handled in accordance with FAR Subpart

9.5. Failure to comply with this sub-section may result in the contractor not being considered for award.

RELEASE OF INFORMATION

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

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

C.13 FEDERAL HOLIDAYS

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

• New Year’s Day (January 1)

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

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

• Memorial Day (Last Monday in May)

• Independence Day (July 4th)

• Labor Day (1st Monday in September)

• Columbus Day (2nd Monday in October)

• Veterans Day (November 11)

• Thanksgiving Day (4th Thursday in November)

• Christmas Day (December 25th)

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

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

• Any other day designated by Federal Statute

• Any day designated by Executive Order

• Any other day designated by the President’s Proclamation

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

NOTE: Additional non-working days are sometimes authorized, but these are regional in nature (e.g., Inauguration Day in Washington, DC) and not included as Federal holidays for the purposes of this contract

C.14 CONTRACT ADMINISTRATION DATA

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

1. Contract Administration: All contract administration matters will be handled by the following individual:

a. GOVERNMENT: Federal Bureau of Investigation FBI Academy- Mod A

Attn: Edd Caldwell Jr.

1 Range Rd Quantico, VA 22134 Phone: 703-632-1133 E-Mail: ecaldwell2@fbi.gov

2. The Contracting Officer will appoint a Contracting Officer’s Representative (COR) to help provide administration and management support of the work to be performed under the Contract. The Contractor shall coordinate the deliverables with the COR. Contact information for the COR will be provided after award.

The COR is not authorized to change any of the terms and conditions of the contract. The Contractor is advised that only the CO can change or modify the contract terms or take any other action which obligates the Government. Then, such action must be set forth in a formal modification to the Contract. The authority of the COR is strictly limited to him/her, without re-delegation, to the specific duties set forth in his/her letter of appointment.

Contractors who rely on direction from other than the CO or COR acting outside the strict limits of his/her responsibilities as set forth in his/her letter of appointment do so at their own risk and expense. Such actions do not bind the Government contractually. Any contractual questions shall be directed to the CO.

3. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: 52.232-33, Payment by Electronic Funds Transfer-

- System for Award Management (Jul. 2013)

4. INVOICES: Billing shall be made monthly, in arrears and once work is accepted by the

Government. Invoices shall contain all required price and cost documentation, as applicable.

Invoices shall be neat and legible and clearly state the labor hours, work completed and associated costs, and any other required information, as applicable. See FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (Jan 2017). It is agreed that failure to accomplish any work required under this contract, or to satisfactorily accomplish such work, or to comply with any provisions of this contract, where due to the carelessness, neglect, or fault of the contractor, shall constitute a deficiency for which a reduction of payment will be made as outlined below under the heading “Deductions Based On Performance.” Any inquiries regarding payment shall be directed to the Contracting Officer.

5. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with FBI Centralized Invoicing Process and FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (Jan 2017). All commercial invoices shall be submitted via the following process:

• The invoice should be attached to an email, and sent to the following address:

central_invoices@ic.fbi.gov

• It is imperative that the invoice contains current and accurate contract information (contract number), otherwise the invoice will be rejected.

• Upon receipt of the invoice, a confirmation email will be sent back to the sending email address. At this point the invoice will be considered received, and will be processing through the FBI’s internal payment systems.

• Please note, invoices received before 5pm EST (Monday-Friday) will be considered “received” that business day. Any invoice received after 5pm EST will be considered “received” and will be entered into the invoice system on the following business day.

A proper invoice shall include the following information:

• Name and address of the Contractor.

• Invoice date and invoice number. Invoice numbering should begin with 01 and be consecutively numbered thereafter. (The Contractor should date invoices as close as possible to the date of mailing or transmission.)

• Contract number, Task Order number, contract line item number and, if applicable, an order number

• Description, quantity, unit of measure, unit price, and extended price of the items delivered

• Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped Government bill of lading

• Terms of any discount for prompt payment offered

• Name and address of official to whom payment is to be sent

• Name, title, and phone number of person to notify in event of defective invoice

• Electronic Funds Transfer (EFT) banking information

• Contractor’s First/Last Name, Number of Hours, Labor Category, Total number of hours

(items can be in any order), Cumulative Number of Hours to date

• Taxpayer Identification Number (TIN). (The Contractor shall include its TIN on the mailto:central_invoices@ic.fbi.gov invoice only if required elsewhere in this Contract.)

The Contractor shall include this information on each and every invoice when invoicing for full or partial supplies/services delivered/performed. If an invoice does not contain the above information, the FBI reserves the right to reject the invoice(s). Resubmission of a PROPER invoice(s) will be required.

Payment will be made by the FBI’s Commercial Payment Unit upon the COR’s (or designee) certification of receipt of services and the CO final authorization for payment.

NOTE: Contractors must be registered in the System for Award Management (SAMS) prior to invoice submission. Information included in the SAMS registration will include the contractors banking information necessary to facilitate an Electronic Funds Transfer (EFT) Payment. The website address is https://www.sam.gov

6. DEDUCTIONS BASED ON PERFORMANCE: It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms and conditions of this contract. To this end, the Government is contracting for the complete performance of each task identified in the specifications and therefore, payment deductions may be made if work is performed improperly or not performed at all. The deduction amount will be based on the estimated cost of the work improperly performed (assuming performance could not be corrected) or not performed at all as agreed to by the Government and Contractor.

C.19 CONTRACT SECURITY

The following paragraphs are incorporated into FAR Clause 52.204-2 as an addendum to this contract:

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

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

(f) Secret Personnel Security Clearances (Key Personnel):

1. All owners, officers, directors, executive personnel, and other key supervisory personnel and/or any contract individual designated by the FBI with access to the FBI Facility, information, or property shall possess, as a minimum, Department of Defense, Defense Industrial Security Clearances (DISC) Facility Access Clearances at the "SECRET" level, or have received approval for unescorted access to FBI https://www.sam.gov/ facilities.

2. To obtain a security clearance or unescorted access to FBI facilities, the following forms must be completed:

a. Standard Form 86 (SF 86), Questionnaire for National Security Positions.

b. FD-258, (2) Completed FBI Fingerprint Cards.

c. DOJ–555 Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act.

d. FD-979 Personnel Consent to Release Info.

(g) Facility Access Approval (All Other Personnel):

1. All subcontractors, all job supervisors; and all site workers of the general contractor and its subcontractors will be required at a minimum to have "Facility Access" approval.

2. Facility Access Approval requires the following forms to be completed:

a. FD-816 Access of Non-FBI Personnel to FBI Facilities.

b. Authority To Release Information Form.

c. FD-484 Privacy Act Notification Statement.

d. FD-258, (2) Completed FBI Finger Print Cards.

(h) Individual Reporting Requirements to Maintain Clearances and Facility Access:

1. All personnel shall immediately report the following information to the COR: Foreign travel (30 days prior to departure); unplanned foreign travel (as soon as possible);

contact with law enforcement (traffic violation under $100 shall not be reported);

financial problems before they situation becomes unmanageable; contact with foreign nationals.

2. Key Personnel shall also immediately report the following to the COR: change in marital status; change in name; change in status of room/house mates (roommates shall be reported 30 days prior to move in, if stay will be longer than 30 days, and not an immediate family member); employment outside of the Contracting agency (outside employment shall be authorized by the Bureau 30 days prior to starting);

suspicious contact from any individual(s) trying to obtain FBI information; any change in personnel relationship which may cause a safety concern to the individual or coworkers; court cases involving: divorce, bankruptcy, moving traffic violations (over $100), criminal arrests, civil proceedings, tax matters, and failure to honor legitimate debts.

(i) Contract Security Representative: The Contractor shall designate one of his staff as a

Contract Security Representative (CSR). The name of the CSR shall be submitted to the COR within 5 calendar days of award of contract and the Contractor will insure that the so named individual shall not be removed from this position without written approval from the COR. The CSR shall be the individual who will deal with the FBI on all security matters. For the purposes of this Project, all security matters will be handled through the COR. All security clearances and access approvals for the Contractor, the subcontractors, and all employees of these firms, shall be handled through the COR. Additionally, the CSR's responsibilities will include:

1. Provide to the COR all required information to obtain Security Clearances and facility access approval for all Contractor employees requiring access to the facility.

2. Return all Government-issued property to the COR.

3. The General Contractor and subcontractors should plan that the above described forms and information shall be completed and delivered to the COR by the CSR at least thirty (30) working days prior to the arrival of any individual at the FBI facility where the Work is to be performed.

4. Background Investigation: A background investigation, the scope of which will be at the discretion of the FBI, will be conducted on all Contractor personnel. At the discretion of the FBI, personnel may also be interviewed by the FBI regarding foreign travel, associates, residences, or other matters of concern to the FBI, in deciding whether to grant access to its facilities or property. Refusal or failure to accurately complete the forms, or to be interviewed to resolve any questionable matters, shall be deemed reasonable cause for denial of access to FBI facilities.

(j) Interim Security Clearances and Facility Access Approval: Will be issued within ten (10) working days after receipt of necessary forms described in paragraphs (g) and (h) above.

The COR will advise the CSR when Security Clearances are approved.

1. No personnel shall be allowed on site until access is granted by the FBI.

2. Project Information: The contractor shall not allow access to project information prior to receiving notification of the favorable completion of the FBI investigation and clearance approval.

(k) Access to FBI Facilities: Access to FBI Facilities or property will be granted only after preliminary verification of the accuracy and completeness of submitted information shows no disqualifying factors.

1. Access to FBI facilities or property will be granted only where such access is clearly consistent with the mission and responsibilities of the FBI. If, for any reason, a contract individual is denied access to any FBI facility or property, the FBI will not disclose to the Contractor the reason for denial, nor will the FBI be liable for any expense in the replacement of the individual, or any costs incurred by the Contractor, as a result of such denial.

2. Decisions concerning granting of access to FBI facilities or property are made on a case-by-case basis. The Contractor is cautioned that individuals with criminal histories such as arrest records, felony convictions, misdemeanor convictions, or those addicted to, or abusive of, alcohol or chemicals, are likely to be denied access to the building or job-site. The exact nature, extent, and time passed since these incidents existed will influence all access decisions.

3. Be advised illegal or undocumented aliens may be referred to other cognizant law enforcement agencies for appropriate action.

4. Individuals initially permitted access may be excluded at a later date upon discovery of disqualifying factors resulting from detailed verification of submitted Security Information.

5. Falsification of the forms or violation of the facility security, safety, or code-of-conduct requirements will result in access to FBI Facility being denied.

6. Willfully making a false statement or concealing a material fact could constitute a violation of Section 1001, Title 18, United States Code.

7. The CSR shall notify the COR of visitors and deliveries to the site at least 24 hours prior to their arrival.

(l) Escorts: No uncleared persons will be allowed temporary access to the FBI space, unless they area escorted by FBI Personnel; and, without first obtaining permission from the FBI Security Officer.

(m) Right to Revoke Access: The FBI reserves the right to revoke access to its facilities or property of any individual, where such access is no longer clearly consistent with the FBI's mission and responsibilities, and the Contractor agrees to immediately remove that individual from the job-site in such circumstances. In cases of access revocation, the FBI will inform the individual of the basis of the revocation, unless to do so would reveal classified or sensitive information, and give the individual an opportunity to explain, rebut, or refute such basis in writing. Access will remain revoked pending prompt review of any such submission by the individual.

1. The FBI shall have and exercise full and complete control over granting, denying, withholding, or terminating access for contract individuals.

(n) Reinvestigation: The FBI reserves the right to reinvestigate contract individuals on a periodic basis (every five years) or, where facts or information indicate that continued access may no longer be clearly consistent with the FBI's mission responsibilities.

1. Should the contractor receive information regarding an employee which may affect the access of that employee to an FBI facility, i.e., knowledge of arrests, felony conviction, misdemeanor conviction, use of or addiction to drugs and/or chemicals, abuse of alcohol, indebtedness, a change in or treatment of mental health, or any behavior, activities, or associations which tend to show that the individual is not reliable or trustworthy, etc.; the Contractor shall advise the FBI immediately.

(o) Access Badges: Appropriate badges will be furnished by the FBI authorizing escorted or unescorted access to the FBI facilities and property. The badge shall be worn at all times on the upper part of the body so as to be clearly visible; and will be returned by the CSR to the FBI whenever the individual is no longer employed on the project or leaves the site for more than 14 days.

(p) Claims: The Government shall not be liable for any costs incurred by the Contractor, Any subcontractor, or any contract employee, in the furnishing of required security information, or in complying with the FBI's security requirements during the entire term of the contract. The Contractor agrees that no claim may be filed for Delay of Work due to any contractor, his subcontractors, or any employees thereof, failing to comply with the FBI's security requirements.

1. The FBI reserves the right to exclude or remove from the facility any contract employee that the FBI deems incompetent, careless, insubordinate, or who fails to meet and obey security requirements; or, whose access to the facility is deemed by the FBI to be contrary to the best interest of the FBI.

2. General Contractor cannot seek additional compensation if they are required to seek alternative subcontractor pricing due to subcontractor’s non-compliance of the security requirements and refusal by the FBI to allow the subcontractor access to the facility.

(q) Photographs: No photographs shall be taken by other than the COR. The Contractor is hereby advised that no photographs shall be taken by the Contractor of the job site or work in progress. The Contractor shall ensure this clause is incorporated in any agreements reached with any subcontractor, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

(r) Any person who knowing, willfully, of negligently discloses any FBI Information (to include but not limited to data, systems configurations, facilities, personnel, and procedures) to unauthorized persons without prior written FBI approval shall be subject to the appropriate penalties and sanctions under law ( i.e., Privacy Act, Computer Fraud and Abuse Act, National Security Act, or appropriate espionage statutes).

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

LIST OF ATTACHMENTS

Attachment Title Date 1 Statement of Work 06/19/2019