H Contract Clauses -Attachment F.docx

FBI Terms & Conditions FBI-0001 – Small Business Accelerated Payment THE CONTRACTOR MUST INDICATE HIS BUSINESS SIZE ON EACH INVOICE TO ASSIST THE PAYMENT OFFICE IN DETERMINING ELIGIBILITY FOR ACCELERATED PAYMENT IN ACCORDANCE WITH OMB MEMO M-11-32, 'ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND SERVICES', DATED 10/14/2011. THE PROMPT PAYMENT ACT STILL APPLIES TO THIS ACTION; HOWEVER, THE AGENCY WILL MAKE BEST EFFORTS TO PAY PROPER INVOICES WITHIN 15 DAYS.

FBI-0004 - DOJ Residency Requirement - Contract Security Requirements from Acquisition Security Unit (ASU) DOJ Residency Requirement: All contractor personnel employed within the United States, both United States citizens and non-United States citizens, are required to meet the following residency requirements: For three of the five years immediately prior to applying for the specific contract position, the individual must have 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capability; or 3) be a dependent of a Federal or military employee serving overseas. The requirement may be waived for short term contractor personnel (performing duties for a cumulative total of 14 days or less) if there is a critical need for their specialized and unique skills. These individuals must, however, be United States citizens or Permanent Resident Aliens.

FBI-0005 – Source Selection Evaluation Board - Contract Security Requirements from Acquisition Security Unit (ASU) The requirement for a Security Proposal is as follows: Security is a criterion in the evaluation of proposals received in response to this solicitation. The security proposal should be submitted as a separate document/file from the cost and technical proposal and has a twenty-five (25) page limit which includes all tabs, dividers, cover sheets, etc. The Security Proposal will be evaluated as pass/fail. Failure to receive a passing evaluation will disqualify the proposal package from the solicitation. The security proposal shall include a description in detail of the following: a. The contractor's security processes for personnel security, including management of clearances; b. The contractor's practices for access to, control of, and storage of classified material; c. How these processes and procedures will be applied to the requirements of this proposal; d. The contractor's cleared facilities that will be dedicated to this program including date of certification, Cage Code, and Cognizant Security Agency. e. The contractor’s willingness to participate in the Contractor Polygraph Program. f. Description of the assumptions on which the contractor based the security proposal. The security evaluation shall consider the Offeror’s understanding of the security regulatory environment as applied to FBI’s requirements, soundness of the Offeror’s security approach and risk.

FBI-0006 – (U) Contractor Suitability Special Security Requirement (SSR) Access to FBI facilities and information is subject to specific security and suitability requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at any time prior to or during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract. Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for contract performance. Failure to replace the employee may result in a no cost termination by the government.

FBI-0007 – DOJ Security of Systems and PII- Procurement Section Directive (PSD): 11-24.101 On 3/20/2008, the Senior Procurement Executive, DOJ, notified the FBI of requirements for addressing Department systems and data, including provisions governing the use of laptops by contractors which are to be included in all current and future contracts where a contractor handles data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform on the contract and concerns Department programs or personnel. Effective immediately if a procurement is expected to result in the acquisition of services where the contractor handles data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel procurement officials are required to incorporate the appropriate special security requirements. It should be noted that within Section A, paragraphs a, b, and d apply to all data, even data that may not be personally identifiable information (PII). Section B sets forth special security requirements that must be used in contracts involving PII obtained by the Department from a contractor, such as an information seller or data broker. A request for a waiver from the requirement to include these special security requirements, or deviations from the language (except those that are more stringent), must be made in writing to the Senior Procurement Executive. Permission for a deviation or waiver will only be granted in unusual circumstances.

INFORMATION TO BE INCLUDED IN CONTRACT: 1.2 Special Security Requirements: A. Security of Systems and Data, Including Personally Identifiable Data: a. Systems Security: The work to be performed under this contract requires the handling of data that originated within the Department of Justice, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel. For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice systems, including but not limited to all Executive Branch system security requirements (e.g. requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews and access by the DOJ Office of the Inspector General for its reviews. The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the Contracting Officer (CO) certifying the following requirements: 1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product; 2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date; 3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism; 4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department; 5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product; 6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed or destroyed) in accordance with security requirements applicable to DOJ; 7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts; 8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information; 9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor's project management and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work; b. Data Security: By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of an actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour or discovery) report the breach to the CO and the Contracting Officer's Representative (COR). If the data breach occurs outside of regular business hours and/or neither the CO nor the COR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours. c. Personally Identifiable Information Notification Requirement: The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identification information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contract shall be coordinated with, and be subject to the approval of, the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate. d. Pass-through of Security Requirements to Subcontractors: The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor. B. Information Resellers or Data Brokers: Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certified that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data that originated with the Department or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department Contracting Officer so that the Department my determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall notify the individuals until it receives further instruction from the Department.

FBI-0009 – Personnel Security – Contract Security Requirements from Acquisition Security Unit (ASU)

1.1 Personnel Security Requirements: The administrative control and maintenance of accurate records of contractors has been identified by both the Intelligence Community and FBI Executive Management as a matter of concern. With the continuous dependency on contractors to support the FBI, to include access to FBI facilities and information, if a procurement is expected to result in the acquisition of services involving the assignment of contractor personnel to FBI locations the Program Management Officer/Contracting Officer's Technical Representative (COTR), in coordination with the assigned Chief Security Officer, are required to identify during procurement planning stages, whether an acquisition will require assignment of contractor personnel to FBI locations, and therefore require the anticipated contract to include the Special Security Clause identified below in 1.2.

1.2 Special Security Requirements: Security Requirements Applicable to Contractor Personnel Assigned to FBI Locations: Requirements are applicable to all individuals to be assigned to FBI locations, to include those identified as "Key Personnel", if specified in the contract. The contractor shall plan for expected attrition through advanced preparation and submission of required information. Award of this contract is anticipated to result in assignment of contractor personnel to FBI controlled or occupied space. Security and ethical conduct requirements, specific to the contract, to include a copy of the "Contractor & FBI Employees Ethics Standards Factsheet" are provided. Any questions that the contractor or contractor personnel may have on the applicability of these requirements shall be addressed to the Contracting Officer's Security Representative or (name of Chief Security Officer), Chief Security Officer, at (telephone number). As such, all contractor personnel assigned to such space must be briefed, in advance of arrival, by the contractor on the provided FBI policies and procedures, as identified in the contract, regarding ethical conduct and security requirements. A list of assigned contractor personnel and verification of their briefing, shall be provided to the cognizant contractor security officer for subsequent transmittal to the proper FBI Security Officer assigned oversight of this contract. This list must be provided no later than seven (7) days in advance of the individual's scheduled date of initial performance at an FBI location. Failure to provide the required verification of briefing will result in a delay of the individual's access to the facility. Additionally, within 15 days from assignment to FBI space, the employee must attend an FBI Security Awareness Briefing, which will further address FBI policies and procedures, as identified in FBI's Policy and Guidance Library. This training is currently satisfied through the contractor employee's attendance at the Security Division's Career Services Management Unit's quarterly contractor's training offered at FBI, 935 Pennsylvania Avenue, NW, Washington, DC. The assigned FBI Chief Security Officer will contact the employee with the date and time of their scheduled briefing. Failure to attend this briefing or make arrangements to attend a subsequent briefing will result in immediate removal of the employee from FBI space. If contract performance is impacted as a result of removal of the employee, the contractor may be found in default of the contract. In the event that the development of information or material is not clearly covered by the contract or regulations, the contractor is required to seek FBI guidance regarding its handling of classified and/or unclassified information. Only such persons who have been authorized by the Contracting Officer and/or the Chief Security Officer/Contracting Officer's Security Representative, if the work is for other than specified personnel, shall be assigned to this work. In this connection, for identification purposes, the contractor will be required to submit the name, address, place and date of birth of all personnel who will be involved in the work hereunder. Said information will be required to be provided to the identified Chief Security Officer not later than seven (7) days in advance of the scheduled date of such work. Information relating to an individual(s) identified as "Key Personnel" should be reported to the Chief Security Officer after the written consent of the Contracting Officer has been received. All contractor personnel who receive a security clearance or access approval under the terms of this contract will be required to execute a FBI specified nondisclosure agreement. The contractor agrees to abide by all applicable FBI security regulations governing personnel, facilities, technical, information systems, communications and protective programs. The following reporting requirements are to be reported to the identified Chief Security Officer as promptly as possible, but in no event later than two (2) business days after receipt of such knowledge. a. Adverse Information. Contractors shall report any adverse information coming to their attention concerning any of their employees supporting this contract. Adverse information is defined as any information that adversely reflect on the integrity or character of an employee that suggests that his or her ability to safeguard FBI Sensitive But Unclassified (SBU)/Law Enforcement Sensitive (LES) and/or classified information may be impaired, or that his or her access to the information clearly may not be in the interest of the FBI and/or National Security. b. Suspicious Contacts. Contractors shall report efforts by any individual, regardless of nationality, to obtain illegal or unauthorized access to FBI SBU/LES or classified information or to compromise an employee. c. Change in Employee Status. Contractors shall report (1) the death, (2) a name change, (3) change in marital status, (4) change to performance which alters their originally assigned location and FBI Division to which they report, (5) termination of employment. d. Employees Desiring Not to Perform on the Contract. Evidence that an employee no longer wishes to support the contract. f. Official or Unofficial Foreign Travel.

FBI-0010 – Warrantless Search – Contract Security Requirements from Acquisition Security Unit (ASU) All cleared personnel accessing information within FBI controlled space are required to execute an FBI Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces as a condition of working at FBI facilities. The FBI's Director implemented the Attorney General's policy subjecting employees to warrantless physical searches of their offices or immediate workplaces within DOJ premises when authorized by the Attorney General (AG) or the Deputy Attorney General (DAG) based upon a determination that information the Department deems credible indicates that the employee: 1) is, or may be, disclosing classified information in an unauthorized manner; 2) has incurred excessive indebtedness or has acquired a level of affluence that cannot be reasonably explained by other information; 3) had the capability and opportunity to disclose classified information that is believed to have been lost or compromised to a foreign power or an agent of a foreign power; or 4) has repeatedly or significantly mishandled or improperly stored classified information. The search may extend to the entire office or workplace and anything within it that might hold classified information, including locked containers (such as briefcases) and electronic storage media (such as computer disk and handheld computers), whether owned by the government, by the employee, or by a third party. The search may be conducted by appropriate FBI personnel and/or law enforcement officers, on an announced or unannounced basis, during the workday or after hours. If discovered during a search, evidence of misconduct - whether related to storage or classified information, storage of sensitive but unclassified information, or a crime - will be collected and reported to appropriate authorities. Contractor personnel who will meet the above criteria will be required to sign Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces (attached) upon award and forward the executed form(s) to the assigned Contracting Officer's Representative designated in Section G of the solicitation if this is a formal solicitation or listed below. All forms will be retained by the FBI during the period the individual is providing services and two years after that individual's departure before final disposition is taken.

FBI-0012 - CARS Clause: Clauses for Procurements of Critical Assets - Contract Security Requirements from Acquisition Security Unit (ASU) Every effort must be made to ensure that supplies are provided and integrated and services are performed using sound security components, practices, and procedures. Acquisition of supplies or services from concerns under Foreign Ownership, Control, or Influence (FOCI) or of supplies developed, manufactured, maintained, or modified by concerns under FOCI (any or all of which shall be referred to herein as "Use of FOCI source") is of serious concern and must be approved prior to contract award. Approval decisions will be made on a case by case basis after the source or technology has been identified by the Offeror and subjected to a risk assessment. The risk assessment process will vary depending on the acquisition type and proposed use of a FOCI source, available risk mitigation measures, and the information/justification provided by the Offeror. Any Offeror responding to this Request for Proposal (RFP), Request for Quotation (RFQ), or Sealed Bid acknowledges the Government's requirements to secure services or equipment from firms which are not under Foreign Ownership, Control, or Influence (FOCI), or where any FOCI, in the opinion of the Government, adversely impacts on National Security or security requirements. The Offeror understands and agrees that the Government retains the right to reject any response to this RFP, RFQ, or Sealed Bid made by the Offeror, without any further recourse by or explanation to the Offeror, if the FOCI for that Offeror is determined by the Government to be an unacceptable security risk. Risk assessments will be on a case-by-case basis and will be used to determine whether the use of a FOCI source poses an unacceptable security risk. If an unacceptable security risk is determined, the Government retains the right to reject the use of a FOCI source or to require that certain risk mitigation measures be taken by the Offeror. Similarly, the Government retains the unilateral right to approve the use of a FOCI source when the risk assessment indicates that such use would be in the Governments' best interests. If the use of a FOCI source is not approved, no classified information will be disclosed to the Offeror as part of the Government's rationale for non-approval. The Offeror (prime and subs) may not seek reimbursement from the Government for any costs associated with responding to this RFP, RFQ or Sealed Bid, as a result of a FOCI nonapproval decision.

In Section K, Offerors shall complete the Acquisition Risk Questions and Key Management Personnel Listing (KMPL) for the prime contractor and all proposed subcontractors. Provision of false information shall be cause for default under the Default Clause of this contract. The information in Section K regarding Key Management Personnel, which may identify U.S. persons, is being requested pursuant to the National Security Act of 1947, as amended, Executive Order 12829, National Industrial Security Program, and Director of Central Intelligence Directive 7/6, Community Acquisition Risk Center, or superseding Acts, Orders or Directives. The FBI will use this information to conduct the acquisition risk determination and may share the information internally and externally with members of the Intelligence Community and other U.S. Government entities, if necessary, consistent with appropriate routine uses for its Central Records System (CRS), Justice/FBI-002, last published in full in the Federal Register on February 20, 1998 (63 Fed. Reg. 8671), or any updates thereto. In the absence of proof of death of any of the Key Management Personnel, their consent, or an overriding public interest, the information will not otherwise be disseminated except pursuant to the routine uses for the CRS. The Government reserves the right to prohibit individuals who are not U.S. citizens from all or certain aspects of the work to be performed under this Contract. Foreign Ownership, Control, or Influence (FOCI) For purposes of this clause, a U.S. company is considered under FOCI whenever a foreign interest has the power, direct or indirect, and whether or not exercisable through the ownership of the U.S. company's securities, by contractual arrangements or other means, to direct or decide matters affecting the management or operations of that company. Changed conditions, such as change in ownership, indebtedness, or the foreign intelligence threat, may justify certain adjustments to the security terms under which a company is operating, or, alternatively, that different FOCI mitigation measures be employed. If a changed condition is of sufficient significance, it might also result in a determination that a company is no longer considered to be under FOCI. There is a continuing obligation of the Selected Offeror to advise the Government of such changed conditions. Failure to abide by this obligation shall be cause for default under the Default Clause of this contract.

Factors: The following factors will be used as the basis for making an acquisition risk determination. If the Offeror, or its proposed subcontractors, meet any of the following factors, they must identify themselves as a potential FOCI company and submit themselves for a Government FOCI evaluation and risk assessment: (1) Ownership or beneficial ownership, direct or indirect, of 5 percent or more of the Offeror's company's voting securities by a foreign person. (2) Ownership or beneficial ownership, direct or indirect, of 25 percent or more of any class of the Offeror's company's non- voting securities by a foreign person. (3) Management positions, such as directors, officers, or executive personnel of the Offeror's company held by non-U.S. citizens. (4) Foreign person power, direct or indirect, to control the election, appointment, or tenure of directors, officers or executive personnel of the Offeror's company or other decisions or activities of the Offeror's company. (5) Contracts, agreements, understandings, or arrangements between the Offeror's company and a foreign person. (6) Loan arrangements between the Offeror's company and a foreign person if the Offeror's company's (the borrower) overall debt to equity ratio is 40:60 or greater; or financial obligations that are subject to the ability of a foreign person to demand repayment. (7) Annual total revenues or net income in excess of 5 percent from a single foreign person or in excess of 30 percent from foreign persons in the aggregate. (8) Ten percent or more of any class of the Offeror's voting securities held in "nominee shares", in "street names", or in some other method that does not disclose the beneficial ownership of equitable title. (9) Interlocking directors with foreign persons and any officer or management official of the Offeror's company who is also employed by a foreign person. (10) Any other factor that indicates or demonstrates a capability on the part of foreign persons to control or influence the operations or management of the Offeror's company. (11) Ownership of 10 percent or more of any foreign interest. Every effort must be made to ensure that supplies are provided and integrated and services are performed using sound security components, practices, and procedures. Acquisition of supplies or services from concerns under Foreign Ownership, Control, or Influence (FOCI) or of supplies developed, manufactured, maintained, or modified by concerns under FOCI (any or all of which shall be referred to herein as "Use of FOCI source") is of serious concern and must be approved prior to contract award and evaluated during contract performance. Approval decisions will be made on a case-by-case basis after the source or technology has been identified by the Offeror and subjected to a risk assessment.

Any Offeror responding to this Request for Proposal (RFP), Request for Quotation (RFQ), or Sealed Bid acknowledges the Government's requirements to secure services or equipment from firms which are not an acquisition risk; are not under Foreign Ownership, Control, or Influence (FOCI); or where any FOCI, in the opinion of the Government, adversely impacts on National Security or security requirements. The Offeror understands and agrees that the Government retains the right to reject any response to this RFP, RFQ, or Sealed Bid made by the Offeror, without any further recourse by or explanation to the Offeror, if the acquisition risk for that Offeror is determined by the Government to be an unacceptable security risk. The risk assessment process will vary depending on the acquisition type and proposed use of a FOCI source, available risk mitigation measures, and the information/justification provided by the Offeror. Risk assessments will be on a case-by-case basis and will be used to determine whether the use of a FOCI source poses an unacceptable security risk. If an unacceptable security risk is determined, the Government retains the right to reject the use of a FOCI source or to require that certain risk mitigation measures be taken by the contractor. Similarly, the Government retains the unilateral right to approve the use of a FOCI source when the risk assessment indicates that such use would be in the Governments' best interests.

If the use of a FOCI source is not approved, no classified information will be disclosed to the Offeror as part of the Government's rationale for non-approval. The Offeror (prime and subs) may not seek reimbursement from the Government for any costs associated with responding to this RFP, RFQ, or Sealed Bid, as a result of a FOCI nonapproval decision.

FBI-0013 – e-QIP – Contract Security Requirements from Acquisition Security Unit (ASU), Procurement Section Directive (PSD): 09-22.18 Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, to include approval by the FBI's Security Division, must be satisfied prior to access. Contractors who will require escorted access, to include short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD 816), a "Privacy Act of 1974 Acknowledgment Form" (FD 484) and two Fingerprint Cards (FD 258). Completed forms should be provided to the assigned Contracting Officer's Technical Representative (COTR) at least 10 days prior to required access. Individuals requiring unescorted access to an FBI facility must complete the Standard Form 86 (SF-86), Questionnaire for National Security Positions, using the Office of Personnel Management’s Electronic Questionnaires for Investigations Processing (e-QIP) and provide two Fingerprint Cards (FD 258). e-QIP is a secure website that can be accessed from any computer system which has an Internet connection. Only the signed release forms and FD 258 will need to be mailed to the identified Chief Security Officer, the SF-86 itself will be transmitted to the FBI electronically. To complete the SF-86 using e-QIP, the individual requiring unescorted access to the FBI facility must contact (insert Chief Security Officer, Division, and telephone number) in order to be initiated into e-QIP. Once this action has been accomplished, the individual should be able to access e-QIP at the following link in order to initiate and complete the electronic process: http://www.opm.gov/e-qip/browser-check.asp. Thoroughly read and follow the instructions for completing the SF-86. NOTE: To fully address suitability/security issues, the FBI requires individuals to provide responses to questions on the SF-86 for the last ten years. Failure to complete the application as instructed may lead to significant delays in processing the required investigation and approval for unescorted access. Upon logging onto e-QIP, there will be a prompt to answer three “Golden” security questions to establish the user account. After completing the electronic SF-86, please print and sign the (1) Certification Form (CER) - Certify Completeness and Accuracy of your Investigation Request; (2) Medical Release Form (MEL) - Authorization for Release of Medical Information; and (3) Release Form (REL) - Authorization for Release of Information. In addition to these SF 86 release forms, the completion of a Non-Personnel Consent to Release Information (FD-979a), the United States Department of Justice Disclosure and Authorization Pertaining to Consumer Reports (DOJ 555) are required. Annotation of the assigned e-QIP Investigation Request Number on the upper right corner of each document transmitted to the identified Chief Security Officer is required for coordination with the electronic transmission and to facilitate the investigative process. The e-QIP Investigation Request Number, automatically generated by e-QIP, is located on both the header and footer of the signature forms. These release forms (five total) and FD 258 should be mailed via Federal Express or UPS Express mail directly to the following address: (insert name and address of Chief Security Officer). The use of regular U.S. mail channels may cause significant delays in processing the unescorted access request. Upon completion of processing the facility access request, the individual will be required to execute a non-disclosure agreement suitable for their approved access.

FBI-0014 – Inverted Domestic Corporations Inverted Domestic Corporations Section 743(a) of the Omnibus Appropriations Act, 2009, prohibits the Federal Bureau of Investigation from entering into any contract with any foreign incorporated entity which is treated as an inverted domestic corporation under Section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. § 395(b)) or any subsidiary of such entity. This prohibition does not apply to contracts entered before March 11, 2009, or to any task orders issued pursuant to such contracts. The Attorney General shall waive prohibitions in the interest of national security.

The Contractor under this solicitation warrants that:

___ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395(b);

___ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395(b), but it has submitted a request for waiver or plans to submit a request for waiver.

A copy of the approved waiver, if a waiver has been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

The Contractor warrants that if at any time after award it discovers it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395(b) and a waiver was not obtained, the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer. The Government may, however, terminate the contract at no cost to the Government.

FBI-0016 - Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquency Tax Liability (Deviation 2012-02) (January 2012)

(a) In accordance with sections 543 and 544 of Title Y, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L. 112-55), None of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation (1) convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or (2) with an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that - (1) the offeror/contractor is not a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months; and (2) the offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

FBI-0021 - Providing Deoxyribonucleic Acid (DNA) Sample for Elimination FBI employees, contractors, and service providers may interact with evidence or federal deoxyribonucleic acid (DNA) database samples in Laboratory Division (LD) space or their work requires them to enter LD examination areas where evidence or DNA database samples are processed or examined. As a result, evidence may inadvertently become contaminated with their DNA. Per the Federal Bureau of Investigation Laboratory Elimination Deoxyribonucleic Acid Database Policy Directive (1149D), LD is collecting DNA samples to identify FBI employees, contractor, or service provider DNA profiles in the event of sample contamination via the FORM FD-1176, "Federal Bureau of Investigation Deoxyribonucleic Acid (DNA) Sample Collection Acknowledgement Form”. A contractor or service provider funded by this procurement action is required to provide a DNA sample which will be processed for DNA and used to detect contamination on forensic evidence. The DNA results will be protected, i.e. anonymized, maintained in a secure database with controlled access, and used only by authorized DNA personnel for the sole purpose of detecting contamination. The remaining collected sample will be stored in a secure location for potential processing with future DNA technologies, if appropriate. If the contractor or service provider's DNA profile is detected during evidence analysis, it will be identified as sample contamination rather than reported as a possible perpetrator to law enforcement.

FBI-0022 - Information and Communication Technology Compliance in accordance with Section 508 of the Rehabilitation Act In accordance with Section 508 of the Rehabilitation Act of 1973 and the Architectural and Transportation Barriers Compliance Board, Information Communication Technology (ICT) Accessibility Standards, all ICT supplies and services supplied as part of this contract shall meet the applicable accessibility standards at 36 CFR Part 1194.

Before acceptance, the contractor shall provide an Accessibility Conformance Report (ACR) for each ICT item that is developed, updated, configured for the agency, and when product substitutions are offered. The ACR should be based on the latest version of the Voluntary Product Accessibility Template provided by the Industry Technology Industry Council (ITIC). To be considered for award, an ACR must be submitted for each ICT Item, and must be completed according to the instructions provided by ITIC.

Before acceptance, when the contractor is required to perform testing to validate conformance to the agency's accessibility requirements, the vendor shall provide a Supplemental Accessibility Conformance Report (SAR) that contains the following information:

-Accessibility test results based on the required test methods.

-Documentation of features provided to help achieve accessibility and usability for people with disabilities.

-Documentation of core functions that cannot be accessed by persons with disabilities.

-Documentation on how to configure and install the ICT item to support accessibility.

-When an ICT item is an authoring tool that generates content (including documents, reports, videos, multimedia productions, web content, etc.), provide information on how the ICT item enables the creation of accessible electronic content that conforms to the Revised 508 Standards, including the range of accessible user interface elements the tool can create.

-Before final acceptance, the contractor shall provide a fully working demonstration of the completed ICT Item to demonstrate conformance to the agency's accessibility requirements. The demonstration shall expose where such conformance is and is not achieved.

-Before acceptance, the agency reserves the right to perform independent testing to validate that the ICT solution provided by the contractor conforms to the applicable Revised 508 Standards.

Manual Clauses:

DJAR-PGD-11-01 - Class Deviation from the FAR clause 52.209-8, Updates of Information Regarding Responsibility Matters - DOJ Procurement Guidance Document (PGD) 11-01 52.209-8 Updates of Information Regarding Responsibility Matters (DEVIATION). As prescribed at 9.104-7(c), insert the following clause; UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION) (OCT 2010) (a)(1) The Contractor shall update the information in the Federal Awardee Performance and integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). (2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011. (b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record. (2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e.., for a total period of 6 years. Contractor comments will remain a, part of the record unless the Contractor revises them. (3) Public access to information in FAPIIS. (i) Public requests for system information that was submitted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12€00. (ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (End of clause) DJAR-PGD-15-02-1B - Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015) None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of Provision)

FBI-PSD-09-39.101 - Federal Desktop Core Configuration Certification Requirements - Procurement Section Directive (PSD): 09-39.101

The provider of information technology shall certify applications are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC). This includes Internet Explorer 7 configured to operate on Windows http://csrc.nist.gov/itsec/guidance_WinXP.htmlWindows XP and Vista (in Protected Mode on Vista). For the Windows XP settings, see: html, and for the Windows Vista settings, see: http://csrc.nist.gov/itsec/guidance_vista.html. b) The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved FDCC configuration. The information technology should also use the Windows Installer Service for installation to the default “program files” directory and should be able to silently install and uninstall. c) Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

DJAR-PGD-07-10 - Ensuring New Acquisitions Include Common Security Configurations The following language is to be used in all appropriate solicitations and contracts.

(a) The provider of information technology shall certify applications are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC). This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista). For the Windows XP settings, see: http://csrc.nist.gov/itsec/guidance_WinXP.html and for the Windows Vista settings, see: http://csrc.nist.gov/itsec/guidance_vista.html

(b) The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved FDCC configuration. The information technology should also use the Windows Installer Service for installation to the default "program files" directory and should be able to silently install and uninstall.

(End of Clause)

DJAR-PGD-08-05 - Contractor Certification of Compliance with Federal Tax Requirements Contractor Certification of Compliance with Federal Tax Requirements

By submitting a response to a solicitation or accepting a contract award, the contractor certifies that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a nonfrivolous administrative or judicial proceeding.

(End of Clause)

DJAR-PGD-07-12 - Maintaining Contractor Performance During a Pandemic or Other Emergency During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

Determine how all employees who may telework will communicate with one another and with management to accomplish work.

Practice telework regularly to ensure effectiveness.

Make it clear that in emergency…