RFP-17-1038_Specialized_Support_Services.pdf

Solicitation DJJF-17-RFP-1038 Specialized Support Services

B - SUPPLIES/SERVICES/PRICES

B.1 GENERAL

(a) The Contractor shall provide, in accordance with the requirements specified herein, all resources necessary to provide Specialized Support Services in support of the National Security Division (NSD). All requirements will be fulfilled on a Time and Materials basis.

(b) See Section F.1 for complete contract term and option information.

B.2 PRICING

(a) All contract unit prices shall be as specified in the pricing table contained in Attachment

1. The following definitions apply to the pricing tables:

1. Contract line item number (CLIN). Unique number associated with each separately priced item in the contract. The CLIN structure is composed of a prefix and a core number. The prefix corresponds to the contract period as follows: “0” for the base period, “1” for the first option period, “2” for the second option period, etc. The core number distinguishes the labor CLINS and other direct costs.

2. Hourly Rate. Services provided on a LH basis at the hourly rates (fixed unit prices) specified in Attachment 1. All prices must be fixed unit prices that include all costs and profit necessary to provide the level of service specified in the contract. A normal schedule will consist of five (5) eight (8) hour work days excluding, Saturday, Sunday, and the Federal holidays listed in Section F.3. The contractor shall be prepared within 30 days after written notice via modification from the Contracting Officer to respond to an increase in the level of staffing.

3. Multiplier. The factor to be applied against the actual cost of any Other Direct Cost (ODC) item to cover administrative handling expenses. The multiplier is to be applied against the actual cost of an ODC for which reimbursement has been authorized. The billable amount shall be limited to the actual cost plus the amount resulting from the application of the appropriate multiplier identified in the table (e.g., actual cost of item is $100.00, and multiplier for the CLIN is 1.08, the total billable amount is $108.00). For subcontracted items/services, the multiplier shall only be applied one time. For example, a subcontractor may purchase an item for the contract. It is not permissible for the subcontractor to apply a markup to that item when billing the prime contractor, and then for the prime contractor to apply another markup when billing the Government. The multiplier may only be applied once, and must be applied to the original cost of the item.

4. Ceiling Price. The ceiling price shown in the pricing table is a not-to-exceed amount. The

Department shall not be obligated to pay the Contractor any amount in excess of the total (ceiling) price identified in the table and the Contractor shall not be obligated to continue performance if to do so would exceed the applicable ceiling price, unless and until the Contracting Officer shall have notified the Contractor in writing that the applicable ceiling price has been increased and shall have specified in the notice a revised ceiling that shall constitute the ceiling price for performance of all CLINs.

Solicitation DJJF-17-RFP-1038 Specialized Support Services

5. The Contractor is reminded that only the Contracting Officer is authorized to obligate funds under this contract, and that the Contractor shall not perform any services that would cause it to exceed the contract ceiling amount established by the Contracting Officer.

6. At or near the conclusion of each period, the Contracting Officer may de-obligate, via formal modification, any excess funds from this contract. This modification shall establish a revised ceiling price the Department is not obligated to pay the Contractor any amount in excess of this revised ceiling price.

7. All labor quantities are estimates that are subject to change within the ceiling price.

8. Travel

(a) As a general rule, local travel expenses will not be reimbursed under this contract.

Examples of local travel which will not be subject to reimbursement are travel to and from normal job site and supervisory personnel traveling to a Government site or alternative facility to oversee operations. Personnel temporarily working at a Government site or alternative facility will consider such facility his/her normal job site.

(b) Reimbursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with Part 31 of the Federal Acquisition Regulations.

The FAR, FTR and current per diem rates can be accessed through the U.S. General Services Administration portal found at: www.gsa.gov.

(c) All reimbursable long distance travel shall be approved in advance by the COR.

Reimbursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with Part 31.205-46 of the Federal Acquisition Regulations. Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor must submit (to the COR) a request for advance approval to utilize higher class travel. All travel should be scheduled sufficiently in advance to be able to take advantage of offered discount rates. The Government encourages advance airfare purchases to take advantage of supersaver discounts. If the trip is canceled or travel dates are changed due to the Government’s action, the Government will, absent special circumstances, pay airline cancellation charges or airline charges for changes in the travel dates.

http://www.gsa.gov/

Solicitation DJJF-17-RFP-1038 Specialized Support Services

SECTION C

Description/Specifications/Work Statement

C.1 Background

(a) The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that serves the President in overseeing the national security implications of foreign investment in the economy. In 1988, the President, pursuant to executive order 12661, delegated to CFIUS his responsibilities under the “Exon-Florio Amendment” (Section 5021 of the Omnibus Trade and Competitiveness Act of 1988 amended Section 721 of the Defense Production Act of 1950), specifically relating to foreign acquisitions of U.S.

companies using sensitive technologies or which are part of the critical infrastructure of the United States. CFIUS investigates acquisitions of U.S. companies by foreign persons in order to determine the effects of the acquisition on national security.

(b) Companies voluntarily apply to CFIUS for review of a proposed transaction or CFIUS member agencies may request a review of a transaction. Companies also may provide materials and information to CFIUS in advance of a formal filing and after a matter has been withdrawn but before it is resubmitted. CFIUS either, 1) clears the transaction based solely on the material filed, as supplemented by any additional material or information requested from the parties by CFIUS member agencies or developed by the agencies during their initial 30-day review; 2) requests that an “investigation” be undertaken to determine the suitability of the transaction; or 3) recommends to the President that the transaction be blocked. CFIUS can also recommend that the transaction be cleared but with certain conditions in place that would have to be met, such as an ongoing oversight role by some agency or agencies of the U.S. Government. Such conditions may be documented in a variety of “mitigation” agreements.

(c) CFIUS assesses the national security “risk” associated with a transaction. Risk is a function of the threat posed by the foreign acquirer, the vulnerabilities related to the domestic target company that could be exploited, and the national security consequences if exploitation occurs.

(d) The U.S. Department of Justice (DOJ) is a member of CFIUS, and the National Security

Division (NSD), with support from the Federal Bureau of Investigation (FBI), is DOJ’s representative on CFIUS.

(e) In order to discharge its overall responsibilities on CFIUS, NSD must be prepared to evaluate transactions covering a wide array of subject matters; however, surveillance-related activities, including all Communications Assistance for Law Enforcement (CALEA) matters, which might be impacted by a covered CFIUS transaction represent the primary interest or equity for DOJ and the FBI.

Solicitation DJJF-17-RFP-1038 Specialized Support Services

(f) The Communications Act of 1934 and FCC regulations require the Federal Communications

Commission (FCC) to determine whether granting certain licenses pursuant to the Communications Act of 1934, as amended (the “Act”) is in the “public interest.” Because the FCC has recognized that foreign investment in U.S. telecommunications carriers may implicate issues uniquely within the expertise of the Executive Branch, the FCC solicits the views of the Executive Branch regarding the effects, if any, that the granting of a license to an entity with disclosable foreign ownership will have on national security, law enforcement, foreign policy, or trade. NSD participates in “Team Telecom,” an ad hoc interagency group consisting of representatives from DOJ (including FBI), the U.S. Department of Defense (DOD), and the U.S. Department of Homeland Security (DHS). NSD serves as the de facto chair of this interagency group. Team Telecom assists the FCC in making a public interest determination, which the FCC has characterized as assessing the public safety, national security, law enforcement and trade policy implications of granting licenses to applicants with foreign ownership.

(g) National security risk arising from foreign investment and/or complex and sensitive technology requires an all-tools approach to detecting, disrupting, and deterring nefarious activity. Where existing laws and processes do not sufficiently address national security risk, NSD requires creative thought and effort, public engagement, and external partnerships to employ other means available to the USG to fulfill its mission of enforcing the rule of law and enhancing the nation’s security.

C.1.1 Purpose

(a) As DOJ’s representative on CFIUS, NSD must evaluate information relating to covered transactions, including the structure of the transaction, any foreign government ownership or control, threat assessments provided by the U.S. Intelligence Community (USIC), and vulnerabilities associated with the transaction. In addition, NSD must continue to track and monitor certain transactions, as well as exercise vigilance more broadly to identify unreported transactions which require CFIUS review.

(b) Resolution of virtually all CFIUS matters is dependent upon a proper understanding of one or more technologies which are embedded within the products and/or services supplied by the domestic company being acquired. The more advanced the technologies, the greater the national security vulnerability should they be lost to foreign competitors or, more significantly, compromised and/or exploited by terrorists or foreign governments hostile to the United States. For this reason, technical and expert support for the NSD legal staff is essential in order to review voluntary CFIUS filings, investigate non-notified transactions which should have been filed with CFIUS, and monitor agreements intended to mitigate national security risk so that transactions may be allowed to proceed. Typical examples of

Solicitation DJJF-17-RFP-1038 Specialized Support Services the wide range of technologies implicated in recent CFIUS matters include but are not limited to the following:

1. Internet and mobile advertising platforms;

2. Information technology products;

3. Software and robotic systems for manufacturing, medical, transportation, and energy industries;

4. Cutting edge energy production techniques;

5. Semiconductors and semiconductor manufacturing technologies;

6. Biotechnology products/techniques including scanning devices;

7. Telecommunications engineering products and services, and network engineering products and services;

8. Solvents and chemicals; and

9. All variety of cyber-related products and services, e.g., firewalls and other security software, life-cycle production management software, software-defined radio applications and waveform development supporting software communication architecture, simulation software used for training military and civil pilots in flight simulators and ground combat simulation, computer hardware and software, communication and data processing networks, etc.

(c) In any CFIUS matter, NSD must often make technical assessments well beyond the training or experience of its legal staff. Only then can NSD determine if the threat/vulnerability and overall risk justifies a recommendation to the President to block the transaction or, alternatively, allow it to proceed if such national security concerns can be mitigated sufficiently through an agreement by the companies to do or refrain from doing various things. If appropriate, NSD must then negotiate an agreement, including all necessary technology-related provisions, and once executed, monitor all aspects of the agreement, including those same technology-related provisions. At any step along this process, NSD may need to conduct site visits to survey and/or confirm security and/or technology-related matters while negotiating and/or pursuant to an agreement.

(d) While DOJ has broad counterintelligence and counterterrorism responsibilities, NSD participation in any specific mitigation agreement is usually confined to areas where DOJ and the FBI have the most direct equities, e.g.,

1. domestic communications networks, especially those which support Title III and

Foreign Intelligence Surveillance Act (FISA) collections,

2. communications and cyber-related products and services for domestic industries supporting security regimes, including system security and intelligence collection, and

3. law enforcement matters, including export control regimes enforced through prosecutions across the country.

Solicitation DJJF-17-RFP-1038 Specialized Support Services

(e) NSD, as part of Team Telecom, reviews FCC referrals for comment on 214 applications from the FCC for any national security or law enforcement implications to DOJ programs and equities. There are five main types of license applications, where there is a 10 percent or greater foreign ownership component, that the FCC, through its International Bureau, refers to Team Telecom via an Executive Branch (“EB”) letter: 1) New international Section 214 authorization – Applicant seeks authority from the FCC to provide international telecommunications service to or from the United States; 2) Transfer of control of existing Section 214 authorization – Applicant seeks authority to transfer control of existing license(s) that allow(s) telecommunication services to, from, or within the United States; 3) Submarine cable landing license application – Applicant seeks authority to “land and operate” international undersea telecommunication cable that touches U.S. territory; 4) Transfer of existing submarine cable landing license – Applicant seeks authority to transfer existing submarine cable landing license(s); and 5) Section 310(b) (4) Application/Petition for Declaratory Ruling – Applicant seeks consent from the FCC to exceed the section 310(b) foreign ownership limits for broadcast and common carrier wireless licensees, including common carrier satellite earth stations.

(f) In any Team Telecom matter, NSD must often make technical assessments about the effects of the application within the domestic telecommunications infrastructure and the types of services sought to be provided well beyond the training or experience of its legal staff. Only then can NSD determine if the threat/vulnerability justifies a recommendation to the FCC to deny a 214 application or to request that a license be granted if national security, law enforcement, foreign policy, or trade concerns can be mitigated sufficiently through an agreement by the companies to do or refrain from doing various things. If appropriate, NSD must then negotiate an agreement, including all necessary technology-related provisions, and once executed monitor all aspects of the agreement, including those same technology-related provisions. At any step along this process, NSD may need to conduct site visits to survey and/or confirm security and/or technology-related matters while negotiating and/or pursuant to an agreement.

(g) National security risk arising from foreign investment and/or complex and sensitive technology requires an all-tools approach to detecting, disrupting, and deterring nefarious activity, particularly with the change in volume and type of transactions and events over the years. Where existing laws and processes do not sufficiently address national security risk, NSD requires creative thought and effort, public engagement, and external partnerships to employ other means available to the USG to fulfill its mission of enforcing the rule of law and enhancing the nation’s security. NSD requires scientific and technology-specific expertise in assisting with the identification or creation of new avenues to address national security risks presented. NSD also requires trend analysis and ongoing measurement of both the type, quantity, and change in national security risk as well as the tools available to mitigate such risk.

C.2 Scope of Contract

Solicitation DJJF-17-RFP-1038 Specialized Support Services

(a) This will be a Time and Material type of contract to provide analysis, assessment, development and implementation services to DOJ. DOJ anticipates that this contract will be used to provide the following:

For CFIUS matters:

1. 30-day Review Assessments and Products: within the restricted time frame, review (including pre-filing reviews) the filing and all associated materials to makie recommendations to the Assistant Attorney General (AAG) for National Security and the Deputy Attorney General (DAG) to, either (a) clear within the initial 30-day review period or (b) open an expanded 45-day investigation of transactions voluntarily filed with CFIUS. Provide within 10 business days a two-page digest of the transaction and all available (both internal and public) information, highlighting the most salient features of the transaction for NSD. Prepare any needed formal vulnerability assessments and consequence assessments requested within the review timeframe (see examples of needed technology background in Purpose section, above, C.1.1 (b));

2. Investigation of Non-filed Transactions: access all sources available to identify transactions which require CFIUS consideration but which have not been filed, referring such transactions to the NSD client in the form of a monthly digest of targeted transactions involving U.S. acquirees organized by technology sector and potential national security area along with salient features of the expected transaction,;

3. 45-day Investigation: conduct any necessary in-depth 45-day investigations for such transactions, including the preparation of formal vulnerability assessments and consequence assessments (see examples of needed technology background in Purpose section, above, C.1.1 (b));

4. Mitigation Agreements: evaluate mitigation options and strategies, and assist in negotiating and drafting and/or reviewing for recommendation to the AAG/NSD and DAG various forms of mitigation agreements for transactions which can only be cleared with conditions together with temporary or permanent monitoring by DOJ/FBI and/or other CFIUS agencies. Monitor, including analysis of all deliverables and site visits when necessary, all mitigation agreements to which DOJ and/or FBI is a party (whether under the rubric of CFIUS and/or an FCC license or not) (see examples of needed technology background in Purpose section, above, C.1.1 (b));

5. Presidential Decisions: draft relevant portions of documents and attachments in support of recommendations to the President for action, and assist in any associated oral briefings regarding the transaction and underlying technology (see examples of needed technology background in Purpose section, above, C.1.1 (b));;

Solicitation DJJF-17-RFP-1038 Specialized Support Services

6. Tracking: maintain appropriate mechanism(s) or regime(s) to track the progress of all voluntary filings, proffered non-notified transactions, 45-day investigations, initial and continuing deliverables as well as performance generally under all mitigation agreements.

For Team Telecom matters:

1. Upon receipt of an EB letter containing some details of the application, assist NSD in sending by electronic mail to the applicant(s) and tracking responses to the Team Telecom triage questionnaire. The questionnaire supplements the limited information in the FCC application by eliciting more information about the foreign ownership and control, records storage, and business model including associated network infrastructure, if any, of the applicant(s). Assist NSD personnel in migrating this work to the new system if laws change such that new requirements emerge for the EB letter process. Assist NSD in any procedural requirements needed to administer the EB letter process and to evaluate FCC license applications. (see examples of needed technology background in Purpose section, above, C.1.1 (b));

2. After responses to the triage questions are received, review and analyze the technical and foreign ownership information for public safety, national security, law enforcement and trade policy implications and prepare a written case summary destined for DOJ components to solicit any comments (see examples of needed technology background in Purpose section, above, C.1.1 (b)). If any agency needs additional information, then assist DOJ in sending a “supplemental questionnaire” to the applicant(s).

3. Mitigation Agreements - For identified vulnerabilities, evaluate mitigation options and strategies, and assist in the negotiation, drafting and/or review of various forms of mitigation agreements for license applications which can only be cleared with temporary or permanent monitoring by DOJ/FBI and/or other Team Telecom agencies. (see examples of needed technology background in Purpose section, above, C.1.1 (b));

4. Monitoring Mitigation Agreements: Monitor, including analysis of all deliverables and site visits when necessary, all mitigation agreements to which DOJ and/or FBI is a party (see examples of needed technology background in Purpose section, above, C.1.1 (b));

5. Tracking: Maintain appropriate mechanism(s) or regime(s) to track the progress of initial and continuing deliverables as well as performance generally under all mitigation agreements (see examples of needed technology background in Purpose section, above, C.1.1 (b));

For national security risk matters:

Solicitation DJJF-17-RFP-1038 Specialized Support Services

1. Risk assessment: Where requested, develop, research, and draft written assessments of national security risk arising from foreign investment and/or complex and sensitive technology that may not be subject to an existing foreign investment action. (see examples of needed technology background in Purpose section, above, C.1.1 (b));

2. Mitigation solutions: NSD requires an all-tools approach to detecting, disrupting, and deterring nefarious activity. Where existing laws and processes do not sufficiently address national security risk, NSD requires creative thought and effort, public engagement, and external partnerships to employ other means available to the USG to fulfill its mission of enforcing the rule of law and enhancing the nation’s security. Where requested, develop, research, and draft assessments of such other mitigation possibilities and solutions for NSD in an array of technology and risk scenarios (see examples of needed technology background in Purpose section, above, C.1.1 (b)).

C.3 Statement of Work

The Contractor shall provide the requisite tools and technical skill and expertise to allow the NSD’s attorneys to meaningfully discharge DOJ’s responsibilities with respect to DOJ’s membership on CFIUS; its role in the administration, assessment and process of FCC applications; and its mandate to assess and develop an all-tools approach to national security risk mitigation.

C.4 Personnel Requirements

(a) DOJ requires three (3) technical/expert support positions that meet the scope of work requirements and address high technology areas that include, at a minimum, those listed above. The contractor shall provide the requisite personnel with the ability to provide, at a minimum, expertise on technologies listed above. The contractor shall provide personnel who can advise on cyber security and software engineering. These personnel may have different individual expertise but as a group should apply knowledge and experience to identify and assess vulnerabilities and, if necessary, mitigation strategies to protect advanced and sensitive technologies potentially at risk from acquisitions by foreign entities. They shall have comprehensive knowledge and sufficient technical understanding of the entire range of advanced and sensitive technologies which underlie the U.S. industrial, military, intelligence, and law enforcement sectors to advise DOJ decision makers on the risks associated with such foreign acquisitions, to include comprehensive knowledge and complete technical understanding of electronic surveillance-related activities, including all Communications Assistance for Law Enforcement (CALEA) matters, as well as cyber and other technologies related to DOJ/FBI specific activities, including communications and data processing infrastructure protection. Further examples of such technologies include, without limitation:

1. Internet and mobile advertising platforms;

Solicitation DJJF-17-RFP-1038 Specialized Support Services

2. Information technology products;

3. Software and robotic systems for manufacturing, medical, transportation, and energy industries;

4. Cutting edge energy production techniques;

5. Semiconductors and semiconductor manufacturing technologies;

6. Biotechnology products/techniques including scanning devices;

7. Telecommunications engineering products and services, and network engineering products and services;

8. Solvents and chemicals; and

9. All variety of cyber-related products and services, e.g., firewalls and other security software, life-cycle production management software, software-defined radio applications and waveform development supporting software communication architecture, simulation software used for training military and civil pilots in flight simulators and ground combat simulation, computer hardware and software, communication and data processing networks, etc.

(b) The contractor’s responsibilities include everything in the scope of the contract and the following for CFIUS-related work:

1. Initial 30-day CFIUS review period;

2. Review under very short time constraints all materials submitted to CFIUS to identify;

a. Products manufactured or services provided by the company being acquired;

b. Technologies underlying the products manufactured or services provided by the company being acquired;

c. Products and technologies reasonably likely to flow from the products manufactured or services provided by the company being acquired;

d. Industrial and governmental sectors encompassing products, services, and technologies of the company being acquired; and

Solicitation DJJF-17-RFP-1038 Specialized Support Services

e. Industrial and governmental sectors using or relying upon products, services, and technologies of the company being acquired (hereinafter collectively “substantive categories”).

3. Conduct under very short time constraints sufficient all source investigation into the substantive categories for each transaction to assess and prepare concise written summaries of the vulnerabilities potentially created by the transaction.

4. Support NSD and FBI personnel, including direct participation in site visits, during 30-day or other review process.

5. Determine under very short time constraints the impact of vulnerabilities identified for covered transactions on DOJ/FBI specific activities, if any, including thorough coordinated evaluations with FBI technical and investigative personnel.

6. Provide support under very short time constraints for determinations within NSD and briefings in support of NSD recommendations to higher authority regarding vulnerabilities identified.

7. Subsequent second stage (45-day) investigation period for matters not cleared by

CFIUS during the initial 30-day review period:

8. Continue all source investigation into the substantive categories for each transaction to complete and prepare formal “vulnerability assessments,” including detailed and documented written analyses regarding vulnerabilities identified for transactions, addressing all substantive categories.

9. Further refine the impact of vulnerabilities identified for covered transactions on DOJ/FBI specific activities, if any, including thorough coordinated evaluations with FBI technical and investigative personnel.

10. Support NSD and FBI personnel, including direct participation in site visits, during 45-day formal vulnerability assessments.

11. Provide support for determinations within NSD and briefings in support of NSD recommendations to higher authority regarding vulnerabilities identified.

12. Vulnerabilities requiring mitigation or other intervention during initial 30-day review period or at any time before CFIUS clears the transaction:

Solicitation DJJF-17-RFP-1038 Specialized Support Services

13. Identify mitigation options and strategies for all transactions resulting in vulnerabilities for DOJ/FBI specific activities including through coordinated discussions with FBI technical and investigative personnel.

14. Provide support for determinations within NSD and briefings in support of NSD recommendations to higher authority regarding vulnerabilities identified and options and proposed mitigation strategies for all transactions resulting in vulnerabilities for DOJ/FBI specific activities.

15. Support NSD attorneys in drafting technical and technology-related portions of mitigation agreements for all transactions resulting in vulnerabilities for DOJ/FBI specific activities.

16. Provide support for NSD briefings to CFIUS in support of DOJ-proposed mitigation agreements for all transactions resulting in vulnerabilities for DOJ/FBI specific activities.

17. Provide support for NSD positions before CFIUS regarding mitigation agreements proposed by other agencies.

18. Provide support in the review and evaluation of all deliverables under mitigation agreements intended to address vulnerabilities for DOJ/FBI specific activities.

19. Support NSD and FBI personnel, including direct participation in site visits, to monitor mitigation agreements, as necessary.

20. Miscellaneous: Support DOJ attorneys in reviewing media, Internet, and other sources to identify non-notified transactions, which may require CFIUS review but have not been submitted by the transaction participants.

(c) The contractor’s responsibilities shall include the following for Team Telecom-related work:

1. Conduct risk and vulnerability assessments of planned and installed information systems to identify vulnerabilities, risks, and protection needs (particularly, telecommunications networks, services, and systems of reviewed FCC applicants; DOJ component information systems impacted by cases; and USG information systems used for lawful electronic surveillance impacted by cases)

2. Conduct systems security evaluations, audits, and reviews (particularly, of the telecommunications and other information systems of reviewed FCC applicants)

Solicitation DJJF-17-RFP-1038 Specialized Support Services

3. Participate in network systems design to ensure the creation and implementation of appropriate systems security policies (particularly, when crafting mitigation terms for cases)

4. Ensure the rigorous application of information security/information assurance policies, principles, and practices in the delivery of all IT services (particularly, IT services provided by reviewed FCC applicants)

5. Provide support for NSD attorneys in conducting mitigation monitoring, including participating in site visits either physically or telephonically, of FCC applicants who enter a mitigation agreement with DOJ

6. Provide support in the review and evaluation of all deliverables under mitigation agreements that are entered into in order to mitigate the risk of an entity receiving an FCC license.

7. Any other duties related to supporting attorneys in evaluating, completing, administering, tracking, organizing, briefing, and memorializing CFIUS and FCC application case work in the office as assigned.

C.5 Contract Management

(a) The Contractor shall provide all management, administration, staffing, planning, scheduling, equipment, procuring, storage, etc., necessary to provide the services required by the contract. All of the management and administration requirements described in this Section C.5 must be provided within the unit prices contained in Attachment 1 – Pricing Table, i.e., the items/services are not separately billable under the contract.

(b) The Contractor’s program management office shall be located within the Washington, DC metropolitan area, including the necessary resources (management, technical and financial) needed to support this contract.

(c) The Contractor’s Program Manager shall be responsible for technical and administrative performance of all services required hereunder. The Program Manager shall be the single point of contact through which all Contractor/Government communications, work, and technical direction shall flow. The Program Manager shall receive and execute, on behalf of the Contractor, all orders for work and technical direction as the COR may issue within the terms and conditions of the contract. All administrative support of Contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the Contractor.

(d) Program management support to be provided by the Contractor shall include, but not be limited to, the following items:

Solicitation DJJF-17-RFP-1038 Specialized Support Services

1. Supervision of its contract personnel and consistent and timely management of the services to be provided under this contract.

2. All activities associated with recruiting and hiring staff, such as screening applicants (to include security clearance requirements), interviewing, reference checking, etc.

3. Maintaining “in-house” skills, teaming and/or subcontract arrangements to ensure that staff with the requisite experience, skills and knowledge are available on short notice.

4. Accepting, tracking and managing all task orders issued.

5. Planning, scheduling and procuring airfare, lodging accommodations, and ground transportation for all approved travel by Contractor personnel. Ensuring that invoiced travel costs are itemized in accordance with the Government travel regulations in effect at the time of travel.

6. Assembling billing data and billing back-up materials, including all time and materials needed for preparing any responses to Government billing rejection letters. Generating, distributing, and tracking invoices, including generating reports and responding to inquiries regarding invoice status, tracking which deliverables and/or units have been invoiced and which have not, etc.

7. Tracking and reporting on Government furnished materials. The Contractor is responsible for adequate care and safekeeping of all Government furnished materials, including inventorying, safeguarding, tracking and reporting, etc. The Contractor shall reimburse the Government for any Government furnished materials lost or stolen while in the Contractor's safekeeping.

8. All activities associated with managing subcontractors/team members, such as identifying and qualifying them, negotiating subcontracts, reviewing invoices, ensuring compliance with the security and other requirements of this contract, etc.

9. Implementing and maintaining quality assurance and quality control systems to ensure that all contract and task order requirements are met throughout the term of the contract.

C.6 Personnel

(a) Training of Contractor Staff

1. The Contractor shall be responsible for providing trained, experienced staff for performing the work ordered under this contract, and for continuously monitoring, managing and controlling the work. The Contractor shall make its best efforts to retain staff members who have gained experience on this contract, and to minimize staff turnover.

2. The Contractor shall train its own staff to ensure that all personnel are able to perform their duties under each task order satisfactorily. Upon request, the Contractor shall furnish the COR with formal documentation of the training provided to Contractor staff including testing tools for determining whether individual employees have achieved required competence levels.

3. In addition to job-specific or professional training, the Contractor shall ensure its employees on this contract are trained on "contract-specific" issues such as DOJ ethics, standards of conduct, individual conflicts of interest, confidentiality requirements, DOJ security requirements, understanding of the function of reporting, and the importance of quality control and quality assurance. In addition, Contractor managers shall be educated in the terms and conditions of the contract.

Solicitation DJJF-17-RFP-1038 Specialized Support Services

(b) Employee Qualifications and Conduct

1. The Government reserves the right to require the Contractor to reassign from this contract any Contractor employee(s) who is deemed incompetent, careless, unsuitable or otherwise objectionable, or whose continued use under the contract is deemed contrary to the best interests of the Government.

2. The Contractor shall remove any employee from performance of contract work within five (5) working days of receiving notice from the Contracting Officer that the employee's performance is unsatisfactory. The Contractor shall immediately remove any Contractor employee found to represent a threat to the safety of government records, government employees, or other Contractor employees. In instances where the removal of an employee is for substandard performance or behavior negatively impacting delivery of services, the Contractor will be given an opportunity to address the situation prior to removing the employee.

C.7 Quality Control

(a) The Contractor shall be solely responsible for the quality of services provided. The Contractor shall also be liable for Contractor employee negligence, and any fraud, waste or abuse.

(b) The Contractor shall utilize a Quality Control (QC) System to ensure that services are completed in accordance with acceptable principles of internal control, and meet specified, acceptable levels of quality. The operation of the Quality Control Program shall be described in a written plan maintained and made available to the COR. The Contractor shall maintain this plan and revise it as necessary throughout the life of the contract.

C.8 Confidentiality

The Exon-Florio confidentiality provision states that no information filed pursuant to the CFIUS process may be made public, except pursuant to a formal administrative or judicial proceeding (and exempting from the prohibition disclosures to duly authorized congressional committees and subcommittees). See 50 App. U.S.C. § 2170(c). The CFIUS regulations specifically provide for fines and imprisonment in the event of a confidentiality breach. See 31 CFR 800.702 (incorporating by reference the penalty provisions of 50 App. U.S.C. § 2155).

Moreover, other penalties may apply, depending on the circumstances. For example, classified information conveyed to a person not authorized to receive it may trigger penalties under the criminal code, and CFIUS information used to trade in securities may trigger penalties under securities laws. Contractor personnel will be under the same strict confidentiality requirements and will be considered only upon submission of an executed copy of the attached confidentiality statement.

C.9 Conflict of Interest

(a) CFIUS transactions inherently involve substantial domestic and foreign companies many of which are traded on the stock exchange(s). All of DOJ’s ethics requirements regarding recusal from matters in which the person has a substantial financial interest will apply to

Solicitation DJJF-17-RFP-1038 Specialized Support Services contractor personnel. Accordingly, contractor personnel with large stock portfolios may be of little use since they may be recused from supporting NSD in too many transactions.

(b) In addition, since the most specific need will be for engineers familiar with communications and similar systems, e.g., telecommunications common carriers, Internet service providers (ISP), etc., contractor personnel who have histories of long term employment with such companies may be subject to recusal in too many of the types of transactions which are most important to DOJ/FBI if there is stock ownership through their retirement plan.

(c) Accordingly, all personnel proposed for positions under this statement of work must provide, in addition to a detailed resume, a completed U.S. Office of Government Ethics (OGE) Form 450 which is available via the following shortcut:

http://www.usoge.gov/pages/forms_pubs_otherdocs/fpo_files/forms/oge450_2006/oge450_auto mated_06.pdf

C.10 Space Considerations

It will be preferable for all of the contractor personnel to work and be provided desk space within an NSD SCIF. However, if that is not possible for all of the personnel requested, the contractor personnel could be located at a nearby off-site location, but only if they have secure communications available to them at such location, i.e., at least e-mail capability to the SECRET level.

http://www.usoge.gov/pages/forms_pubs_otherdocs/fpo_files/forms/oge450_2006/oge450_automated_06.pdf http://www.usoge.gov/pages/forms_pubs_otherdocs/fpo_files/forms/oge450_2006/oge450_automated_06.pdf

Solicitation DJJF-17-RFP-1038 Specialized Support Services

SECTIOND - PRESERVATION, PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information to the Contracting Officer or the Contracting Officer's Representative (COR) shall be paid by the Contractor.

D.2 PRESERVATION, PACKING AND MARKING

(a) All information submitted to the Contracting Officer or the Contracting Officer's Representative (COR) shall include the contract number.

(b) Unless otherwise specified, all material shall be preserved, packaged, and packed in accordance with normal commercial practices to insure acceptance by common carrier and safe arrival at destination.

Solicitation DJJF-17-RFP-1038 Specialized Support Services

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

(a) Inspection and acceptance of supplies and services to be furnished under the contract will be performed at the place of performance, by the COR or her/his designated representative, in accordance with FAR clause 52.246-6 for Time and Material and Labor Hours. Inspection will consist of an examination of the deliverable(s) and/or services for compliance with the statement of work.

(b) The Government shall have thirty (30) calendar days from receipt of each invoice to inspect and accept items delivered/work performed. Rejected work and/or comments on all deliverables will be provided to the Contractor by the COR.

E.2 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates the following clauses from the Federal Acquisition Regulation (48 CFR Chapter 1) by reference with the same force and effect as if they were given in full text.

The full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/far/

Clause Number

Title

52.246-6 Inspection – Time and Material and Labor Hours (MAY 2001)

Solicitation DJJF-17-RFP-1038 Specialized Support Services

SECTION F - DELIVERIES OR PERFORMANCE

F.1 TERM OF CONTRACT

The period of performance for Specialized Support Services shall commence on October 1, 2017 thru September 30, 2018 with four 1 year option periods not exceeding a total of (60) sixty months.

F.1.1 Option to Extend Term of Contract (FAR 52.217-9) (MAR 2000)

This contract may be extended, at the unilateral option of the Government, upon the same terms and conditions stated herein for a period of one (1) year or fractions thereof. To exercise the option to extend the term of the contract, the Contracting Officer will issue a written modification prior to the expiration of the applicable term period. The Government will endeavor to provide a preliminary written notice of its intent to exercise the option; however, the lack of such a written notice will not in any way lessen the Government’s unilateral right to extend the contract pursuant to this clause. If such a preliminary notice is provided, it shall not be construed as an exercise of the option nor will it bind the Government to exercise the option.

If the Government exercises this option, the extended contract shall be considered to include this option clause.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months.

F.1.2 Option to Extend Services (FAR 52.217-8) (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months.

The Contracting Officer may exercise the option by written notice to the Contractor within the term of the contract.

F.2 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when anticipating difficulty in complying with the work order schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.3 OBSERVANCE OF LEGAL HOLIDAYS/FEDERAL NON-WORK DAYS

(a) For employees working on Government site, the Contractor must establish a standard holiday schedule that exactly coincides with the Government's schedule. Holidays observed are listed below. Holidays and other non-work days are not billable unless work is requested by the Government and performed on these days. The following is a list of Government holidays:

Solicitation DJJF-17-RFP-1038 Specialized Support Services

1. New Year's Day;

2. Martin Luther King Jr. Day;

3. Washington’s Birthday;

4. Memorial Day;

5. Independence Day;

6. Labor Day;

7. Columbus Day;

8. Veterans Day;

9. Thanksgiving Day;

10. Christmas Day; and

11. Inauguration Day (every fourth year) in Washington DC metro area)

(b) No work shall be performed by Contractor personnel on Government facilities on Federal holidays or other non-work days without prior written approval of the Contracting Officer.

(c) There are certain types of irregularly occurring circumstances that prompt the Government to close its offices where Contractor personnel are working, either on a national or local basis (i.e., bomb threats, inclement weather, power outages, death of a national figure, or funding lapses). Contractor staff shall not work if the Government is closed, unless otherwise authorized by the Contracting Officer. Non-work due to the Government closing its facility(ies) is not an expense directly reimbursable to the Contractor. However, in those rare instances when the Government operations are curtailed for the balance of a workday that has already commenced, the Contractor may bill for the balance of the scheduled workday with the written acknowledgment of the COR and final approval of the Contracting Officer.

F.4 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates the following clauses from the Federal Acquisition Regulation (48 CFR Chapter 1) by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/

Clause Number

Title

52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) 52.247-35 F.O.B. Destination within Consignee’s Premises (Apr 1984)

Solicitation DJJF-17-RFP-1038 Specialized Support Services

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 RESPONSIBILITIES FOR CONTRACT ADMINISTRATION

G.1.1 Contracting Officer

(a) The Contracting Officer has the overall responsibility for the administration of this contract. He/she alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the Contracting Officer may delegate certain other responsibilities to his/her authorized representative.

(b) This contract will be administered by:

To be designated at time of award.

U.S. Department of Justice Procurement Services Staff 2CON Bldg, Room 8E110 145 N Street, NE Washington, DC 20530

(c) Written communications shall make reference to the contract number and shall be mailed to the above address.

G.1.2 Contracting Officer's Representative (COR)

(a) A Contracting Officer’s Representative (COR) will be designated to coordinate the technical aspects of this contract and inspect…