DJJU-08-RFP-0554.doc

RFK Bldg Security Improvements

DJJU-08-RFP-0554

NOTE:

This is a negotiated procurement (Request for Proposals or “RFP”) as opposed to a sealed bid procurement (Invitation for Bids or “IFB”). As such, offerors will be required to submit:

· A Technical Proposal

· A Business Management Proposal.

Because this is NOT an IFB, there will be no public bid opening.

In this procurement, “bid” means “proposal” or “offer” and “bidder” means “offeror”.

SECTION A

TABLE OF CONTENTS

Section

Title

Pages

A

Solicitation, Offer and Award

(SF-1442) and Table of Contents

B

Supplies or Services and Price/Costs C

Specifications/Statement of Work

4-5

D

Wage Determinations

E

Labor Standards Provisions

7-8

F

General Conditions - Construction

9-33 G

Construction Contract Clauses

33-49 H

Special Contract Requirements

50-53 I

Reserved

J

Attachments

K

Reps and Certs

56-61 L

Instructions, Conditions, and

62-77

Notice to Offerors

M

Evaluation Factors for Award

SECTION B

SUPPLIES, SERVICES AND PRICES/COSTS

B-1 SERVICES TO BE PROVIDED

The Contractor shall supply all equipment, materials, supplies, tools, and personnel necessary for the installation of numerous security features at two vehicular entrances to the building. The project will be implemented in two phases in order that one vehicular entrance will remain open throughout the project duration. The proposed installations shall provide controlled vehicular and personnel access into and out of the building’s main courtyard. The offeror will provide and install fixed granite bollards, retractable aluminum clad steel bollards, employee guardrails, new pedestrian turnstiles, additional CCTV cameras, card readers, and the installation of guard booth transaction windows. All aspects of the construction activities will be coordinated to protect the historical features of the building.

A single firm, fixed-price contract will be awarded under this solicitation. Please fill in the fixed price for this requirement below:

A. Lump Sum

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

NOTE:

ALL SPECIFICATIONS AND TECHNICAL DRAWINGS ARE INCORPORATED INTO THE STATEMENT OF WORK.

C-1 ADMINISTRATIVE INFORMATION

1.1 Introduction:

The Department of Justice is seeking proposals for the installation of numerous security features at two vehicular entrances to the building. The project will be implemented in two phases in order that one vehicular entrance will remain open throughout the project duration. The proposed installations will provide controlled vehicular and personnel access into and out of the building’s main courtyard. The offeror shall provide and install fixed granite bollards, retractable aluminum clad steel bollards, employee guardrails, new pedestrian turnstiles, additional CCTV cameras, card readers and the installation of guard booth transaction windows. All aspects of the construction activities will be coordinated to protect the historical features of the building. Requirements which the successful offeror must meet concerning this project are set forth in detail in the Contract Documents provided with the Request for Proposal (RFP).

This request neither commits the Department of Justice to pay any proposal preparation costs nor obligates the Department of Justice to procure or contract for construction or services. It shall not be construed as authorization to proceed with or be reimbursed for any of the costs for any of the work specified herein.

1.2 Type of Contract:

The Department of Justice will award a firm-fixed price contract which may incorporate the offeror's Technical and Cost proposals, in whole or in part.

1.3 Contract Time:

The maximum time allowed by the Department of Justice for construction of this Project is 365 calendar days from Notice to Proceed until Final Acceptance.

C-2 STATEMENT OF WORK

2.1 General:

The contractor shall furnish all supervision, labor, materials, and equipment necessary for the installation of numerous security features at two vehicular entrances as set forth in the specifications and drawings at the U.S. Department of Justice (DOJ), 950 Pennsylvania Avenue, NW Washington, DC, 20530.

2.2 Contract Requirements:

The contractor shall satisfy all of the requirements set forth in the Contract Documents. These documents include the Request for Proposal (RFP), Technical Specifications and Drawings dated June 24, 2008.

SECTION D

WAGE DETERMINATIONS

Applicable Minimum Hourly Rates of Wages - Construction

1.

The attached wage determination decision of the Secretary of Labor specifies the minimum hourly rates of wages which shall be paid to laborers and mechanics employed or working directly upon the site of the work, the rates having been determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon Act, as amended, to be the prevailing rates for the corresponding classes of laborers and mechanics employed on contracts of a similar character in the locality where this work is to be performed.

2.

While the wage rates given in the attached decision are the minimum rates required to be paid during the life of the contract, it is the responsibility of offerors to inform themselves as to local labor conditions such as the prevailing wage rates, the length of the work day and work week, overtime compensation, fringe benefit payments, available labor supply, and prospective changes or adjustments of wage rates. The Contractor shall abide by and conform to all applicable laws, Executive Orders, and rules, regulations and orders of the Secretary of Labor. No increase in the contract price shall be allowed or authorized on account of the payment of wage rates in excess of those listed in the attached decision.

3.

The wage determination decision of the Secretary of Labor is attached solely for the purpose of setting forth the minimum hourly wage rates required to be paid during the life of the contract and is not to be accepted as a guarantee, warranty or representation as to the wage rates indicated. Under no circumstances shall any mistake in attaching the appropriate wage determination decision of the Secretary of Labor and in the wage rates set forth entitle the successful offeror to the cancellation of the offer or contract, or to an increase in the contract price or other additional payment recovery.

See Section J, Attachment One (1) for the Davis Bacon Act Minimum Wage Determination.

SECTION E

LABOR STANDARDS PROVISIONS

The following clauses are applicable to this solicitation and any resultant contract. These clauses are incorporated 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.

FAR Clause No. Clause Title

52.222-3

Convict Labor

(JUN 2003)

52.222-4

Contract Work Hours and Safety Standards Act Overtime Compensation (JUL 2005)

52.222-6

Davis Bacon Act (JUL 2005)

52.222-7

Witholding of Funds (FEB 1988)

52.222-8

Payrolls & Basic Records (FEB 1988)

52.222-9

Apprentices and Trainees (JUL 2005)

52.222-10

Compliance with Copeland Act Requirements (FEB 1988)

52.222-11

Subcontracts (Labor Standards)

(JUL 2005)

52.222-12

Contract Termination – Debarment (FEB 1988)

52.222-13

Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14

Disputes Concerning Labor Standards

(FEB 1988)

52.222-15

Certification of Eligibility (FEB 1988)

52.222-21

Prohibition of Segregated Facilities (FEB 1999)

52.222-26

Equal Opportunity (MAR 2007)

52.222-27

Affirmative Action Compliance Requirements for

Construction (FEB 1999)

52.222-35

Equal Opportunity for Special Disabled and Vietnam Era Veterans (SEP 2006)

52.222-36

Affirmative Action for Handicapped

Workers (JUN 1998)

52.222.37

Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (SEP 2006)

52.222.38

Compliance with Veterans’ Employment Reporting Requirements. (DEC 2001)

SECTION F

GENERAL CONDITIONS - CONSTRUCTION

F-1 CONTRACT TYPE

This is a Firm fixed price type contract.

F-2 AUTHORITIES AND LIMITATIONS

All work shall be performed under the general direction of the Contracting Officer who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested in him by the contract documents. However, he shall have the right to designate authorized representatives to act for him. Whenever any provision in this contract specifies an individual or organization, whether Governmental or private, to perform any act on behalf of or in the interest of the Government, that individual or organization shall be deemed to be the Contracting Officer's authorized representative under this contract but only to the extent so specified. The Contracting Officer may, at any time during the performance of this contract, vest in any such authorized representatives additional power and authority to act for him or designate additional representatives, specifying the extent of their authority to act for him. A copy of each document vesting additional authority in an authorized representative shall be furnished to the Contractor.

F-3 INDEMNIFICATION

A.

Responsibility for Government-owned or -leased Property and Equipment

During contract performance, the Contractor shall be responsible for all negligent acts or omissions of its employees or agents or the employees or agents of its subcontractor(s). In this regard, the contractor shall, at no cost to the Government and at the Government's option, replace or compensate the Government for any damage to or loss of Government-owned or -leased property caused by such negligent acts or omissions.

B.

Responsibility for Contractor or Third Party-owned or Leased Property and Equipment

The contractor shall indemnify the Government against any and all liability claims for loss or damage to any Contractor owned or leased property occurring as a result of negligence or omissions by employees or agents of the contractor or its subcontractor(s) in connection with the performance of work under the terms of this contract.

C.

Responsibility for Property and Equipment Damaged or Lost through no fault of the Contractor or the Government.

Property damage or loss that occurs through no fault of either the Contractor, their subcontractors or agents or the Government shall be the responsibility of the party holding title to or having leased the property.

D.

Contractor Actions

The Contractor shall indemnify and hold the Government, its agents and employees, harmless against any financial loss or liability, including costs and expenses, arising from any negligent or wrongful act, or omission, or malpractice, on the part of the Contractor, or any of its agents or employees, during the Contractor’s performance under this contract. The Contractor also agrees that if the Government suffers any financial loss or liability because of any negligent or wrongful act, or omission, or malpractice, by the Contractor, or any of its agents or employees, the Department may offset any such sums against any money in the Department’s possession, which would otherwise be due and payable to the Contractor.

F-4 INSURANCE

The Contractor shall carry and maintain during the entire period of performance under this contract adequate insurance as follows:

l.

Workman's Compensation and Employee's Liability Insurance: minimum $100,000 per incident.

2.

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

3.

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

4.

Other insurance as required by the Contracting Officer.

F-5 CONTRACT AND BONDS

If the successful offeror fails to satisfactorily execute the required forms of contract, performance bond and payment bond within the time established in the contract, the Government may proceed to have the required work performed by contract or otherwise, and the offeror to whom award was originally made shall be liable for any excess cost to the Government and the bid guarantee shall be available toward offsetting such excess cost.

F-6 MEASUREMENTS

All dimensions shown of existing work and all dimensions required for work that is to connect with work now in place, shall be verified by the Contractor by actual measurements of the existing work. Any discrepancies between the contract requirements and the existing conditions shall be referred to the Contracting Officer before any work affected thereby has been performed.

F-7 WORKMEN'S COMPENSATION LAWS

The Act of June 25, 1936, 49 Stat. 1938 (40 U.S.C. 290) authorized the constituted authority of the several States to apply their workmen's compensation laws to all lands and premises around or held by the United States.

F-8 EQUITABLE ADJUSTMENTS

The provisions of the Changes clause (FAR 52.243-1) set forth in Section G, are supplemented as follows:

Upon written request, the Contractor shall submit a bid, in accordance with the requirements and limitations set forth in the "Equitable Adjustments" clause, for work involving contemplated changes covered by the request. The bid shall be submitted within the time limit indicated in the request or any extension of such time limit as may be subsequently granted. The contractor's written statement of the monetary extent of a claim for equitable adjustment shall be submitted in the following form:

Bids totaling $5,000, or less shall be submitted in the form of a lump sum proposal with supporting information to clearly relate the elements of cost with specific items of work involved to the satisfaction of the Contracting Officer, or his authorized representative.

For Bids in excess of $5,000, the claim for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the following detail:

Direct Cost: Material quantities by trades and unit costs. (Manufactured) burden associated with material fabrication performed off the job site will be considered to be part of the material costs of the fabricated item delivered to the job site.

Labor breakdown by trades and unit costs (Identified with specific item of material to be placed or operation to be performed).

Construction equipment exclusively necessary for the change.

Costs of preparation and/or revision to shop drawings resulting from the change.

Workmen's Compensation and Public Liability Insurance.

Employment taxes under FICA and FUTA.

Bond Costs - when size of change warrants revision.

Overhead, Profit and Commission: The maximum allowable overhead, profit and commission percentage given in this paragraph shall be considered to include, but are not limited to: jobsite office expense; incidental job burdens; small tools and general office overhead allocations. The percentages for overhead, profit and commission shall be negotiated and may vary according to the nature, extent and complexity of the work involved, but in no case shall exceed the following:

Overhead Profit Commission

To Contractor on work performed by other than his own forces

10%

To first tier subcontractor on work performed by his subcontractors-----------------

10%

To Contractor and/or the subcontractors for that portion of the work performed with their respective forces-------- 10%

10%

Not more than four percentages, not to exceed the maximum percentages shown above, will be allowed regardless of the number of tier subcontractors. The Contractor shall not be allowed a commission on the commission received by a first tier subcontractor. Equitable adjustments for deleted work shall include credits for overhead, profit and commission. On bids covering both increases and decreases in the amount of the contract, the application of overhead and profits shall be on the net change in the direct cost for the contractor or subcontractor performing the work.

The Contractor shall submit with the bid his request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the changes will delay the contract in its entirety.

In considering a bid, the Government shall make check estimates in detail, utilizing unit prices where specified or agreed upon, with a view to arriving at an equitable adjustment.

After receipt of a bid the Contracting Officer shall act thereon within 30 days; provided, however, that when the necessity to proceed with a change does not allow time properly to check a bid or in the event of failure to reach an agreement on a bid, the Government may order the Contractor to proceed on the basis of price to be determined at the earliest practicable date. Such price shall not be more than the increase or less than the decrease proposed, except that on bids under $100,000, the increase shall not exceed the proposed increase plus 10%.

If a mutually acceptable agreement cannot be reached, the Contracting Officer may determine the price unilaterally.

The provisions of the Differing Site Conditions clause (FAR 52.236-2) set forth in Section G, are supplemented as follows: the Contractor shall submit all claims for equitable adjustment in accordance with, and subject to, the requirements and limitations set out in this "Equitable Adjustment" clause.

F-9

GENERAL SECURITY REQUIREMENTS

Failure to inspect the site or obtain knowledge of security regulations shall not relieve the successful bidder from performing the work contracted for or complying with the security regulations.

After award, the Contractor and his employees will be required to comply with security regulations imposed by the Buildings Manager including any necessary security clearances.

ESCORTED ACCESS – All workers who do not have an RFK unescorted badge must be escorted at all times within the building/site. The escort must be provided by the contractor and approved by the government prior to serving as an escort. In order to be an escort he must be approved under the ESCORT PRIVILEGE requirements below. The escort is required to have each worker within his line of sight at all times. The worker to be escorted must provide his name, social security number (SSN), date of birth (DOB), place of birth (POB) and any other information required in Section F-10 below. The information is required a minimum of 48 hours prior to access into the building. This clearance is effective for 90 days. After 90 days the sponsor should either reassess the need to extend this for another 90 days, have cleared the worker for unescorted access, or terminate the access. If the Sponsor fails to reassess the period, the clearance will automatically end after the 90 days. A paper badge will be issued each time the individual enters the site and must be returned each time he leaves.

UNESCORTED ACCESS - To be able to work within RFK without an escort the Contractor and Subcontractor employees shall meet the requirements of Section F-10.

F-10 PERSONNEL SECURITY CLEARANCE REQUIREMENTS - UNCLASSIFIED

(a) The work to be performed under this contract will involve access to unclassified information. All references to “contract(or) personnel” and “contract employee” in this clause include all individuals that will perform under this contract, including individuals employed by the Contractor, team member, subcontractor, consultant, and/or independent contractor.

(b) Duplication or disclosure of the data and other information to which the Contractor may have access as a result of this contract is prohibited by Public Law and is subject to criminal penalties.

10.1 Contractor Personnel

(a) All Contractor personnel will be subject to a Public Trust Investigation (PTI). Except where specifically noted otherwise (e.g., 10.1.5(a)), the Government will be responsible for conducting the investigation and the cost of the investigation. All investigations will be conducted in accordance with applicable Executive Orders, DOJ Orders, Office of Personnel Management (OPM) guidance, Homeland Security Presidential Directive 12 (HSPD-12), and Federal Information Processing Standard Publication 201 (FIPS 201).

(b) PTI certifications will be accepted from other Federal agencies provided the investigation performed by the other agency meets or exceeds DOJ requirements.

(c) The Contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the COTR and Security Programs Manager (SPM), have received the requisite security approval .

(d) During the life of the contract, the Contractor shall ensure that no contract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer, the COTR, or the SPM.

10.1.1 Access to Unclassified Information

(a) Contractor personnel requiring access to unclassified information will fall under the following categories:

(1) High Risk. High risk positions are those positions that have the potential for exceptionally serious impact on the integrity and efficiency of the DOJ and involve duties especially critical to the DOJ or a program mission with broad scope of policy or program authority.

(2) Moderate Risk. Moderate risk positions are those positions that have the potential for moderate to serious impact on the integrity and efficiency of the DOJ. Duties involved are very important to the DOJ or program mission with significant program responsibility or delivery of services.

(3) Low Risk. Low Risk positions are those positions that have limited potential for adversely affecting the national security operations of the Department.

10.1.2 Pre-Appointment Background Investigations and Waivers

(a) Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this contract. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, a pre-appointment background investigation waiver can be granted by the SPM, in consultation with the cognizant COTR. The extent of the background investigation will vary depending upon the Risk Category associated with each position and whether each position is long- or short-term. Short-term is defined as contract employees having access to Federally-controlled information systems and/or unescorted access to Federally-controlled facilities or space for six months or fewer. The requisite background investigation does not need to be initiated for short-term positions as part of the pre-employment waiver except in the case of non-U.S. citizen contract employees. However, long-term contract employees requiring unescorted access to Federally-controlled facilities and/or access to any Federally-controlled information system shall be subject to the requisite background investigations described below. A waiver will be disapproved if it develops derogatory information that cannot be resolved in the contract employee’s favor. When a waiver has been disapproved, the COTR, in consultation with the SPM, will determine (1) whether the contract employee will no longer be considered for work on a DOJ contract or (2) whether to wait for the completion and favorable adjudication of the background investigation before the contract employee commences work on a Department contract. The minimum pre-appointment investigative requirements are as follows:

High Risk Positions. The minimum background investigation required is a five year scope Background Investigation (BI), and the five year reinvestigation required is an Access National Agency Check with Inquiries (ANACI). The Standard Form (SF) 85P, Questionnaire for Public Trust Positions, is required.

Moderate Risk Positions. The minimum background investigation required is a Minimum Background Investigation (MBI) for “moderate” impact on the integrity and efficiency of the DOJ or a Limited Background Investigation (LBI) for “serious” impact potential on the DOJ’s integrity and efficiency. The five year reinvestigation required is a National Agency Check with Law and Credit (NACLC). The SF-85P is required.

Low Risk/Non-Sensitive Positions. The minimum background investigation required for Low Risk/Non-Sensitive positions is a National Agency Check with Written Inquiries (NACI) and the required five year reinvestigation is also a NACI. The SF-85, Questionnaire for Non-Sensitive Positions, is required.

(b) The pre-appointment background investigation waiver requirements include:

Favorable review of the security questionnaire form;

Favorable FBI fingerprint results;

Verification of citizenship (copy of a birth certificate, Naturalization Certificate, or U.S. Passport);

(4) Verification of compliance with the DOJ residency requirement;

(5) Favorable credit report for contract personnel in High Risk and Moderate Risk positions; and,

(6) Verification of the initiation of the appropriate background investigation for long-term Contractor personnel.

10.1.3 Required Security Forms

(a) The following forms must be completed and submitted by the Contractor’s Corporate Security Officer for each contract employee PTI:

FD-258 Applicant Fingerprint Card. Two sets are required per applicant. The Contractor may schedule appointments with the SPM to be digitally fingerprinted; otherwise, fingerprinting by the FBI is required. All pertinent information must be completed by the individual taking the prints, or by the FBI if prints are taken there.

(2) SF-85 Questionnaire for Non-Sensitive Positions -or- SF-85P Questionnaire for Public Trust Positions. The contract employee shall complete the SF-85/SF-85P via the Electronic Security Questionnaires for Investigations Processing (e-QIP) System after first obtaining access to e-QIP from the SPM (see paragraph (c) below). The Contractor shall also submit a hard copy of the form (as completed and signed by the contract employee) with the remainder of the security package.

(3) DOJ-555 Fair Credit Reporting Act Disclosure. Authorizes DOJ to obtain one or more consumer/credit reports on the individual. This is required for Contractor personnel in High Risk and Moderate Risk positions.

(4) Foreign National Relatives and Associates Statement. This is only required if any relatives listed on the SF-85/SF-85P are foreign nationals.

Confidentiality Agreement for Contractor and Subcontractor Employee. See separate Section H clause for confidentiality requirements.

(b) The Contractor shall also submit a credit report for each individual designated at the High Risk or Moderate Risk level, and have resolved satisfactorily any individual credit issues.

(c) Using e-QIP. Immediately after contract award, the Contractor shall designate an employee as its “e-QIP Initiator” and provide the name of this person to the COTR. The e-QIP Initiator must have, at a minimum, a favorably adjudicated MBI and the appropriate DOJ security approval before being given access to e-QIP. After the e-QIP Initiator’s security approval is granted, the Contractor will be configured in e-QIP as a sub-agency to DOJ. The Contractor will then be responsible for initiating all contract personnel in e-QIP for completion of the security questionnaire form and forwarding the electronic form along with a hard copy of the form (as completed and signed by the contract employee) with the remainder of the security package to the designated DOJ representative. Subject to the prior approval of the SPM, the Contractor may designate an e-QIP Initiator for each subcontractor. Subcontractor e-QIP Initiators must have, at a minimum, a favorably adjudicated MBI and the appropriate DOJ security approval before being given access to e-QIP.

10.1.4 Citizenship and Residency Requirements

(a) Residency Requirement. Contract employees, both United States (U.S.) citizens and non-U.S. citizens, must meet the Department’s Residency Requirement, i.e., he/she must have lived in the U.S. three of the last five years immediately prior to employment under the Department contract; and/or worked for the U.S. overseas in a Federal or military capacity; and/or be a dependent of a Federal or military employee serving overseas. At the Department’s sole discretion, the residency requirement may be waived by the Department Security Officer (DSO) on a case-by-case basis where justified by extenuating circumstances.

(b) Citizenship. The DOJ gives strong priority to contract employees that are U.S. citizens and nationals. Any prospective contract employee that is a foreign national must be from a country allied with the U.S. (See http://www.opm.gov/employ/html/Citizen.htm). At the Department’s sole discretion, a waiver of the allied nations list requirement may be granted by the DSO on a case-by-case basis where justified by extenuating circumstances. The Contractor is responsible for verifying that all non-U.S. citizens working under this contract have been lawfully admitted to the U.S. Contract employees requiring access to DOJ Information Technology (IT) resources are subject to the following additional restriction:

Non-U.S. citizens are not authorized access to or permitted to assist in the development, operation, management or maintenance of DOJ IT systems unless a waiver has been granted by the Head of the DOJ component, with the concurrence of the DSO and the DOJ Chief Information Officer (CIO). Such a waiver will be granted only in exceptional and unique circumstances. It should be noted that the Justice Consolidated Office Network (JCON) is a sensitive “DOJ IT system” and any contract employee that will need access to JCON must be a U.S. citizen or have received a waiver.

(c) Dual Citizenship. U.S. citizens who hold dual citizenship with a foreign country may be considered for contract employment. However, how the contract employee obtained or exercises his or her dual citizenship status will be a consideration in the adjudication process.

10.1.5 Procedures for Pre-Screening Applicants and Investigation

(a) The Contractor shall perform the following pre-screening and investigation duties for all persons proposed for work under this contract:

Furnish to each proposed contract employee the forms described in Section 10.1.3 above and ensure that adequate instructions for completing the forms are provided to each applicant.

Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form FD-258 from an organization qualified to take fingerprints.

Collect completed forms from each applicant and review all forms for completeness and correctness. This includes, for example, satisfactory resolution of address issues or discrepancies. Return any incomplete or incorrect form(s) to applicant(s) to be corrected and re-submitted.

Submit completed forms to the COTR by no later than (14) calendar days after receipt of the blank forms and access to e-QIP has been initiated.

As directed by the COTR, initiate pre-appointment waivers for certain positions. This may entail performing credit history checks and submission of these checks as part of the security package, including satisfactory resolution of any issues prior to submission to the Government.

As directed by the COTR, review all forms prior to their being submitted to DOJ to ensure that candidates meet DOJ requirements, including residency and citizenship requirements.

(b) The Department will be responsible for the following:

Determine the appropriate risk level for each contract employee position.

Provide the Contractor an adequate supply of forms and instructions for completing the forms within five business days after contract award. Ensure that the Contractor is provided access to the e-QIP system as described in 10.1.3(c).

Ensure that completed security forms are forwarded to the appropriate investigating agency in accordance with appropriate internal procedures. The investigating agency will conduct the requisite investigations.

Determine whether pre-appointment background investigation waivers will be needed, and if so, which positions will require such waivers. The COTR will notify the Contractor which pre-appointment waivers to initiate.

Notify the Contractor of the results of background investigations as they are completed and adjudicated. The COTR will notify the Contractor of any applicants who are found ineligible for employment security approval so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants.

Notify the Contracting Officer when a sufficient number of contract employees have received employment security approvals or pre-appointment waivers approvals. Upon receipt of this information and any other information which may be required elsewhere in the contract, the Contracting Officer will issue the Contractor a Notice to Proceed which permits the commencement of work under the contract.

(7) Maintain an up-to-date file of Certificates of Investigation (COI) and other background investigation-related documentation for all contract employees throughout the life of the contract.

(c) The investigating agency will furnish the relevant SPM the results of each proposed contract employee’s investigation through issuance of a Certificate of Investigation (COI). Upon receipt of the COI and any other pertinent documents from the investigating agency, the SPM will determine whether or not each proposed contract employee should be granted employment security approval. This decision process is called “adjudication.” The SPM will notify, if required, the investigating agency of the adjudicative determination of each investigation. If OPM is the investigating agency, this will be accomplished by the SPM completing and submitting to OPM an INV Form 79A, “Report of Agency Adjudicative Action.”

10.1.6 Identity Proofing and Badging TC \l3 "H.1.1.6 Identity Proofing and Badging.

(a) During the life of this contract, the right to unescorted access to Federally-controlled facilities and/or access Federally-controlled information systems shall be made available after the contract employees have (1) met the identity proofing requirements outlined below, and (2) completed all other security requirements stated elsewhere in this contract. During all operations on Government premises, the contract employees shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require contract employees to "sign-in" upon entry and "sign-out" upon departure from the DOJ facility.

(b) All contract employees requiring unescorted access to Federally-controlled facilities and/or access to Federally-controlled information systems (regardless of whether they will be issued a DOJ badge), shall comply with the identity proofing and registration requirements outlined below:

Contract employees must present two forms of identification in original form prior to commencement of work under this contract and badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, “Employment Eligibility Verification,” and at least one document must be a valid State or Federal government-issued picture ID); and, Contract employees must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed prior to commencement of work under this contract and badge issuance (as applicable), and must be documented by the DOJ official.

(c) All contract employees requiring unescorted access to a DOJ controlled facility shall comply with the badge requirements outlined below:

When any Contractor employees enter a DOJ building for the first time, the contract employees shall allow one hour for security processing and the fabrication of buildings access badges.

Building access badges shall be subject to periodic review by the Contractor's Supervisor and checked against the employee's personal identification. The contract employees shall present themselves for the issuance of renewed badges when required by the Government as scheduled by the COTR or his designee. The Contractor shall notify the COTR when employee badges are lost, and must immediately apply for reissuance of a replacement badge. The Contractor shall pay for reissued building access badges. It is the Contractor's responsibility to return badges to the COTR or his designee when a contract employee is dismissed, terminated or assigned to duties not within the scope of this contract.

10.1.7 Replacement Personnel

(a) Security investigations are very costly to the Government. The Contractor shall make every effort to preclude incurrence of costs by the Government for security investigations for replacement of employees, and in so doing, shall assure that otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one (1) year. The Contractor shall take all necessary steps to assure that Contractor personnel who are selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein.

(b) The fact that the Government performs security investigations shall not in any manner relieve the Contractor of its responsibility to assure that all personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the Government render ineligible a Contractor furnished employee, the Contracting Officer will investigate the cause and determine whether the Contractor has abdicated its responsibilities to make every effort to select reliable employees of reputable background and sound character. Should there be need to replace a contract employee due to nonperformance, the Contracting Officer will determine whether the Contractor has abdicated its responsibilities to make every effort to select trained and experienced employees.

(c) Should the Contracting Officer determine that the Contractor has failed to comply with the terms of Section 10.1.5(a), the Contractor may be held monetarily responsible, at a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of Contractor personnel would cause either a security threat or DOJ program disruption and (b) conduct security investigations in excess of those which would otherwise be required.

(d) Nothing in this Clause shall require the Contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased or severely ill for a long period of time.

(e) Acceptance by the Government of consideration to which the Government may be entitled pursuant to paragraph (c) above shall not be construed to establish a course of conduct which will serve to limit the rights and remedies otherwise available to the Government. Under no circumstances shall the Contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to this Clause. The rights and remedies conferred upon the Government by this Clause are in addition to all and other rights and remedies specified elsewhere in this contract or established by law.

10.2 Contractor Facility

(a) The Contractor shall implement physical controls as necessary to maintain the integrity and confidentiality of all data/information in its possession. At a minimum, the following requirements shall be in effect for Contractor controlled spaces where information is processed and/or stored:

(1) Access to the facility shall be limited to Contractor personnel or those escorted by Contractor personnel.

(2) Document/media storage areas shall be restricted to persons requiring access to them on a need-to-know basis and have a security access approval granted by the DOJ.

All areas designated for the storage of Grand Jury information require locked entrances and exits during non-working hours or a steel file cabinet that can be secured with a steel lock-bar and a General Services Administration approved changeable combination padlock, or its equivalent. Grand Jury information containing other types of sensitive information such as Federal Tax Return information, witness security information, and other types of highly sensitive information that have more stringent security requirements shall be stored and protected pursuant to security regulations governing such information and special security instructions provided by the organization originating the information.

All designated storage areas/containers must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COTR or COTR designee.

(b) When Grand Jury information is in actual use by authorized personnel, it shall be protected as follows:

Kept under constant review by an authorized person who is in a physical position to exercise direct security controls over the material;

Covered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present;

The room containing the materials must be locked when vacated for short periods of time; and

Returned to storage containers/areas as soon as practical after use.

10.3 Automation Equipment and Media Materials

(a) At the conclusion of the contract period, all media materials used in conjunction with this contract shall be turned in to the DOJ for destruction. This includes not only paper records, but also all removable, "consumable" media such as floppy disks, magnetic tapes, typewriter ribbons, CD-ROMs, DAT tapes, etc. Any of these media materials that become defective during contract performance shall be immediately turned in to the DOJ for destruction. The Government will not compensate the Contractor for the costs of these media materials.

(b) At the conclusion of the contract period, the Contractor shall sanitize all other media which has been used in connection with contract work, such as PC hard drives and memory, network server hard drives and memory, etc. according to DOJ approved procedures. For example, the Government will require the Contractor to degauss all such media, or to write over the media a specified number of times (e.g., five times using software such as Norton Disk Wipe). The Contractor will also be required to provide itemized certification that the degaussing has been completed for all equipment used in connection with the contract. If the Contractor is unable to degauss or sanitize the media to the satisfaction of the SPM, the Contractor must turn the media over to the Government for destruction. The Government will not compensate the Contractor for the cost of this effort.

(c) If any PCs, hard drives, memory, servers, etc. used in connection with the contract become defective during the contract performance period, the Contractor must either turn the media over to the Government for destruction, or sanitize the media in accordance with Government approved procedures and certify the sanitization. This also applies, of course, to equipment/media the Contractor chooses to sell or dispose of for other reasons. The Government will not compensate the Contractor for the cost of this effort.

(d) The Government reserves the right to inspect any equipment/media certified by the Contractor as having been degaussed or sanitized.

(e) The Contractor must ensure that sensitive information does not remain on the storage media, including hard disks and floppy disks, when the PC is removed from the Contractor's area for maintenance or other use. Maintenance personnel must be escorted and monitored by Department or Contractor personnel when allowed to perform on-site maintenance for the equipment. The storage media must be removed from the PC prior to removal of the PC from the area for maintenance.

(f) Any removable storage media must be appropriately marked with the classification level.

10.4 Data Communications

(a) The Contractor is responsible for ensuring the security of all data transmitted internally (e.g., within and between Contractor facilities) and data transmitted between the Contractor and its subcontractors. For transmission of sensitive, non-classified data, the COTR may require the data to be encrypted in compliance with Federal Information Processing Standard (FIPS) 46-3, Data Encryption Standard (DES) and "Security Level 1" of FIPS 140-2, Security Requirements for Cryptographic Modules, or their successors.

(b) All encryption devices must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COTR or COTR designee.

F-11 STANDARD DETAILS AND SPECIFICATION DRAWINGS

Standard Details or Specification Drawings are applicable when listed, bound with the specifications, noted on the drawings or referenced elsewhere in the specifications. Where the notes on the drawing indicate modifications, such modifications shall govern.

In case of difference between Standard Details or Specification Drawings and the specifications, the specifications will govern. In case of difference between the Standard Details or Specification Drawings and the drawings prepared specifically for this contract, the latter shall govern.

F-12 SAMPLES

After award of the contract, the Contractor shall furnish for the approval of the Contracting Officer’s Technical Representative (COTR) samples if required by the specifications or by the Contracting Officer. Samples shall be delivered to the Contracting Officer at the Contractor's expense. Materials or equipment for which samples are required shall not be used in the work until approved in writing by the COTR. The return of samples not destroyed in testing shall be at the Contractor's expense.

F-13 FURNISHING INFORMATION AND RECORDS

If the Contractor or any subcontractor under this contract, or the Officer or agents of the Contractor or any subcontractor, shall refuse or have refused, except as provided by the Terms of the prime contract involved, to furnish to any Government agency or any establishment in the legislative or judicial branch of the Government information or records reasonable pertinent to this contract, or any other Government contract in connection with which the Contractor or such subcontractor has or shall have performed work or furnished materials or supplies or undertaken to do so, the following actions may be taken:

In the case of a refusal by the Contractor, its officers or agents, the Government may, after affording an opportunity to explain or justify such refusal, terminate the contract and obtain such remedies as are available to it under the clause entitled "Default" (fixed price construction) (FAR 52.249-10) set forth in Section G. Such termination and remedies shall be in addition to any other rights and remedies provided by law or under this contract.

In the case of a refusal by a subcontractor, its Officers or agents, the Government may, after affording an opportunity to explain or justify such refusal, require the Contractor to terminate the subcontract without cost to the Government, or if the Contractor fails or refuses to effect such termination, the Government may terminate the Contractor's right to proceed with the work under this contract and thereupon the Government may avail itself of the termination rights and remedies provided in the contract.

The term "subcontract" as used in this paragraph means any contract entered into, or any purchase order issued by, a prime contractor under a contract with the Government in connection with the performance of the prime contractor's obligations under such Government contract.

The term "subcontractor" as used in this paragraph means a party to a subcontract other than the prime contractor under the related Government contract.

F-14 NON-COMPLIANCE WITH CONTRACT REQUIREMENTS

In the event the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to stop any or all work under this contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any cost incurred as a result of being ordered to stop work for such cause.

F-15 ACCIDENT PREVENTION

In the performance of the contract, the contractor shall comply with the applicable provisions of the regulations issued by the Secretary of Labor pursuant to section 107 of the Contract Work Hours and Safety Standards Act, entitled "Safety and Health Regulations for Construction" (29 Code of Federal Regulations, Part 1928) published in 36 Federal Register No. 75, Pages 7340-7410. The Contractor shall also comply with the provisions of the GSA Handbook, Accident and Fire Prevention - Construction and Alteration Work. Where there may be a conflict in requirement, the more stringent one will apply.

Prior to commencement of work, the Contractor shall post on the project a notice addressed to his employees and his Subcontractors' employees stating that he will enforce the safety standards required above. The notice shall provide emergency telephone numbers for the nearest fire department, doctor, ambulance and first aid attendant on the project together with an appropriate list of safety rules shall not be construed as a replacement for the safety standards required above.

The use of open flame or electric arc equipment will not be permitted in the operations for the removal of materials and equipment connected to or associated with combustible material or flammable liquids.

F-16 OCCUPANCY OF PREMISES

The premises may be occupied during the performance of the work under the contract. Performance of work shall be done during normal Government working hours and in such a manner as not to unreasonably interrupt or interfere with the conduct of…