RFP DJF-22-2200-PR-0000176 Section B - M 6.27.22_Final.pdf

RFP: DFJ-22-2200-PR-0000176

Single Turbine Engine Aircraft

Section B: Supplies or Services and Price/Costs

All CLINs are Firm Fixed Price

Item No

Supplies/Services Quantity Unit Price

Extended Price

0001 Single Engine Turbine Aircraft in accordance with Section C Statement of Work PoP: 09/30/2022 – 9/29/2023

0002 Technical Publications

0003 Training

1001 Single Engine Turbine Aircraft

PoP: 09/30/2023 – 9/29/2024

1002 Technical Publications

1003 Training

2001 Single Engine Turbine Aircraft

PoP: 09/30/2024 – 9/29/2025

2002 Technical Publications

2003 Training

3001 Single Engine Turbine Aircraft

PoP: 09/30/2025 – 9/29/2026

3002 Technical Publications

3003 Training

4001 Single Engine Turbine Aircraft

PoP: 09/30/2026 – 9/29/2027

4002 Technical Publications

4003 Training

Section C: Description/specifications/statement of work The Contractor shall perform the work specified in the Statement of Work (SOW) and other Attachments/Exhibits in Section J of this contract. The Contractor shall provide all necessary materials, labor, equipment, and facilities incidental to the performance of this requirement.

Section D: Packaging and marking Packaging and marking for this requirement shall be in accordance with Department of Transportation and/or any applicable federal/state/local transportation regulations for transporting cargo. All items shall be preserved, packaged, and packed in accordance with the best commercial practices to meet the packaging requirements of the carrier and insure safe delivery at destination.

Section E: Inspection and Acceptance

a) Inspection and acceptance of all work and services performed under any Task Order will be in accordance with the FAR clauses incorporated by reference, as applicable.

b) Final acceptance of all deliverables and/or services performed under any task order will be made in writing, at destination by the Contracting Officer Representative.

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government 0002 Destination Government Destination Government 0003 Origin Government Origin Government 1001 Origin Government Origin Government 1002 Destination Government Destination Government 1003 Origin Government Origin Government 2001 Origin Government Origin Government 2002 Destination Government Destination Government 2003 Origin Government Origin Government 3001 Origin Government Origin Government 3002 Destination Government Destination Government 3003 Origin Government Origin Government 4001 Origin Government Origin Government 4002 Destination Government Destination Government 4003 Origin Government Origin Government

Section F: Delivery All deliveries will be made in accordance with section F of each order.

CLIN Period of

Performance Quantity Ship to

Address

FOB

0001 09/30/2022- 09/29/2023

Specified on Order Specified on Order Origin

0002 09/30/2022- 09/29/2023

Specified on Order Specified on Order Destination

0003 09/30/2022- 09/29/2023

Specified on Order Specified on Order Origin

1001 09/30/2023- 09/29/2024

Specified on Order Specified on Order Origin

1002 09/30/2023- 09/29/2024

Specified on Order Specified on Order Destination

1003 09/30/2023- 09/29/2024

Specified on Order Specified on Order Origin

2001 09/30/2024- 09/29/2025

Specified on Order Specified on Order Origin

2002 09/30/2024- 09/29/2025

Specified on Order Specified on Order Destination

2003 09/30/2024- 09/29/2025

Specified on Order Specified on Order Origin

3001 09/30/2025- 09/29/2026

Specified on Order Specified on Order Origin

3002 09/30/2025- 09/29/2026

Specified on Order Specified on Order Destination

3003 09/30/2025- 09/29/2026

Specified on Order Specified on Order Origin

4001 09/30/2026- 09/29/2027

Specified on Order Specified on Order Origin

4002 09/30/2026- 09/29/2027

Specified on Order Specified on Order Destination

4003 09/30/2026- 09/29/2027

Specified on Order Specified on Order Origin

Section G: Contract Data Administration The Contracting Officer’s Representative (COR) is not authorized to change any of the terms and conditions of the contract. The Contractor is advised that only the Contracting Officer can change or modify the contract terms or take any other action which obligates the Government. Then, such action must be set forth in a formal modification to the contract. The authority of the COR is strictly limited to him/her, without redelegation, to the specific duties set forth in his/her letter of appointment, a copy of which is furnished to the Contractor. Contractors who rely on direction from other than the Contracting

Officer, a COR acting outside the strict limits of his/her responsibilities as set forth in his/her letter of appointment do so at their own risk and expense. Such actions do not bind the Government contractually. Any contractual questions shall be directed to the Contracting Officer. The COR for this contract will be appointed and identified via letter of COR delegation authority.

The Contracting Officer Representative for the contract and all task orders is:

{NAME}

Email: {EMAIL}

The Contracting Officer is the person with the authority to enter into, administer, and/or terminate contract.

The Contracting Officer for the contract and all task orders is Sherry Trowbridge Email: sbtrowbridge@fbi.gov

Invoicing:

Vendors are required to create and submit Invoices via the Invoice Processing Platform (IPP) system. See IPP.gov for more details. Invoice submission frequency (i.e. monthly or at final delivery) will be provided in each order. To ensure the maintenance of sufficient documentation supporting invoice payments, the FBI requires the following information with each payment request:

a. Vendor Name;

b. Invoice date;

c. FBI purchase order number or other authorization for deliver of goods or services’

d. Invoice number, account number or other identifying number;

e. Description (including, for example, contract line/sub-line number), price and quantity of goods and services rendered;

f. Shipping and payment terms as established by purchase order contract or other authorization;

g. taxpayer Identification number (TIN);

h. Vendor Contact name, title, telephone number and email address

i. Other substantiating documentation or information required by the purchase order, contract, or other authorization.

Section H: Special Contract Requirements

Incorporated by Reference

JAR Clause 2852.233-70, Protests Filed Directly with the Departments of Justice, January

Clauses Incorporated by Full Text mailto:sbtrowbridge@fbi.gov mailto:sbtrowbridge@fbi.gov

FBI 52.203-1000, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC

2008)

(a) Definitions. As used in this clause— “Agent” means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

“Full cooperation”—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors’ and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract.

It does not require—

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from—

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions).

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

“United States,” means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct.

(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall—

(i) Have a written code of business ethics and conduct; and

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall—

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed—

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor’s disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization’s jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph

(c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor’s standards and procedures and other aspects of the Contractor’s business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual’s respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor’s principals and employees, and as appropriate, the Contractor’s agents and subcontractors.

(2) An internal control system.

(i) The Contractor’s internal control system shall—

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor’s internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor’s code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor’s code of business ethics and conduct and the special requirements of Government contracting, including—

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies’ contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

FBI 52.203-1000, FEDERAL WORKPLACE RESPONSES TO DOMESTIC VIOLENCE,

SEXUAL ASSAULT AND STALKING, December 2014

IV. Notification to Contracting Entities of Policy Statement and Contractor Victim Point of Contact A. Written Solicitations In every written solicitation seeking services that will be performed in whole or in part on Department premises, the Department shall include the following clause:

§ [](a) Department Policy on Domestic Violence, Sexual Assault, and Stalking. It is the Department's policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at https://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-sexualassault-stalking.pdf Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor's employees and employees of subcontractors who will be assigned to work on Department premises.

§ [](b) Point of Contact for Victims of Domestic Violence, Sexual Assault, and Stalking. Upon contract award, the Department will notify contractor of the name and contact information for the Point of Contact for Victims of domestic violence, sexual assault, and stalking for the component or components where Contractor will be performing. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contact.

B. Where No Written Solicitation Is Used Where the Department is seeking to acquire goods or services without using a written solicitation and contractor employees are expected to have a presence on Department premises, the CO must:

I. Inform all offerors/contractors in writing, by electronic mail or other written means, as follows:

"It is the Department's policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at https://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-sexualassault-stalking.pdf Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor's employees and employees of subcontractors who will be assigned to work on Department premises.

2. Provide in writing the name and contact information for the Contractor Victim POC for the component or components where performance will take place, and direct that the vendor provide this name and contact information to all its employees and employees of subcontractors who will be assigned to work on Department premises.

C. Existing Contracts, Orders and other Procurement Vehicles Contracting Officers shall modify all existing written contracts, orders, or other procurement vehicles under which work is being or will be performed in whole or in part on Department premises, by adding to those vehicles the clauses set forth in Section IV.A, above. For existing purchase orders or other procurement vehicles for which there is no written contract, order, or other document governing work that is being or will be performed in whole or in part on Department premises, a Contracting Officer (or other purchasing agent) within the component in which such work will take place shall provide to the Contracting Entity at issue the written notice set forth in Section IV. B, above.

FBI 52.203-1001, WHISTLEBLOWER INFORMATION DISTRIBUTION (OCT 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub- Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.908 & 52.203-17 and commits to distribution.

Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

FBI 52.204-5000, CLASSIFIED CONTRACTS – CONTRACT SECURITY

REQUIREMENTS, November 2021

Service contracts wherein contractor employees require access to classified information or information systems containing classified information are subject to a number of security requirements that might not be applicable to all Government contracts. The National Industrial Security Program (NISP) was established under EO 12829 as a single integrated program across the Executive Branch designed to safeguard classified information released to contractors. Non-defense agencies such as the Department of Justice/FBI that have industrial security services agreements with the Department of Defense shall use the DD Form 254, “Contract Security Classification Specification,” to provide security classification guidance to U.S. contractors. The NISP and the National Industrial Security Operating Manual (NISPOM) require that the contractor be in possession of an approved DD-254 before commencing performance on a covered contract and that the contractor agree to abide by the requirements of the DD-254 in accordance with Federal industrial security regulations.

The Department of Justice (DOJ) personnel security clause, “Personnel Security Requirements for Contractor Employees (NOV 2021)-Alt. I-Classified Information-Cleared Contractors,” sets forth a number of requirements with respect to classified contracts. This FBI clause serves to supplement the DOJ personnel security clause which was promulgated by DOJ Acquisition Policy Notice 2022-01and provides guidance with respect to the FBI’s internal requirements regarding personnel security on classified contracts. Additionally, classified contracts should also contain FAR clause 52.204-2, “Security Requirements.” Companies performing classified contracts with the FBI will have a designated facility security officer (FSO) who will represent the company with respect to personnel security issues. Once a classified contract is awarded contractor employees will likely need access to FBI facilities, classified/protected information, and classified IT systems.

This is accomplished by the submission of a Visitor Access Request (VAR) to the FBI by the awardee company for each contractor employee requiring access. The procedures for executing this process within the FBI are set forth in the FBI’s “Clearance Passage, Clearance Verification, Visitor Access Request, and Department of Energy Q Clearance Policy Guide, 1054PG.” The company will submit VARs for contractor employees to the FBI Security Division’s Access Control and Clearance Passage Unit (ACCPU).

VARs must contain all the information listed in section 4.3 of 1054PG and will be reviewed by ACCPU for completeness. ACCPU will also conduct appropriate record checks with respect to the individual contractor employee identified in the VAR and will then approve or deny the VAR.

ACCPU reserves the right to deny the VAR if its review discloses derogatory information that cannot be mitigated. VAR denials by ACCPU will be reviewed at a higher level in the Security Division. If the VAR is approved by ACCPU the company will be notified and the Chief Security Officer of the sponsoring Office/Division will schedule the contractor employees for arrival and access processing along with a Security Awareness Briefing.

All contractor employees granted access to FBI space and FBI information systems shall comply with all FBI security policies and procedures. As such all contractor employees assigned to work in FBI space or access FBI information systems should be briefed by the awardee company on the FBI and DOJ security and personal conduct requirements identified in the contract in advance of arrival. In particular, it should be noted that the use of controlled substances by a contractor employee while holding an FBI approved VAR will result in the termination of access and the revocation of the VAR. Any questions that the contractor or contractor personnel may have regarding the applicability of DOJ or FBI contract security requirements will be addressed by the Chief Security Officer (or his or her designees) of the sponsoring Office/Division.

As a condition of being granted access to FBI space and information the FBI Security Division will require contractor employees to execute a nondisclosure agreement (NDA) with the FBI. If the contractor employee is approved for SCI categories of access additional NDAs may be required. The failure of contractor employees to honor the terms and conditions of the NDA may result in the revocation of the VAR and denial of access to FBI space or information.

Additionally, contractor employees granted access to FBI space and information will be subject to continued scrutiny regarding potential security concerns through the government-wide Continuous Evaluation (CE) vetting process.

Contractor employees will be required to comply with the FBI’s self-reporting responsibilities as set forth in the Self-reporting Requirements Policy Guide, 1037PG. It is to emphasized that the FBI’s self-reporting obligations in 1037PG are IN ADDITION to any self-reporting obligations contractor employees may have to their company’s FSO. For example, foreign travel and foreign contacts must be reported to the FBI even though a report may have been filed with the company FSO. If a contractor employee is granted SCI access by the FBI then he or she will also be subject to financial disclosure obligations applicable to FBI personnel holding SCI access.

Contractor employees may be subject to counterintelligence (CI) focused polygraph examinations based upon where they are assigned in the FBI under their contracts and whether they will be processed for a category of SCI access. The FBI’s polygraph requirements for contractor employees are set forth in the FBI’s Polygraph Program Policy Guide, 0798PG, section 4.11.

Additionally, contractor employees not subject to a CI focused polygraph under section 4.11 of 0798PG may be required to take a CI focused polygraph if CE vetting discloses conduct raising CI concerns.

Security requirements are considered to be material terms and conditions of the contract and a failure by the company to fully comply with security requirements due to willful misconduct or a lack of good faith on behalf of company employees may result in serious sanctions being taken by the FBI, including but not limited to possible termination.

FBI 52.204-5004, CONTRACTOR SUITABILITY SPECIAL SECURITY

REQUIREMENTS (SSR), September 2020

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 52.204-5005, FINANCIAL DISCLOSURE – CONTRACT SECURITY

REQUIREMENTS, September 2020

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

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

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

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

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

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

d. Not omit or provide false or misleading information on an SFDF. Filings are reviewed for accuracy and completeness, and filers may be contacted by FBI employees/contractors assigned the responsibility of the Financial Disclosure Program regarding any potential discrepancies and/or omissions. Contractor employees who meet the sited criteria are required to file and are responsible for the successful completion of the SFDF process. Refusal to submit financial disclosure information could result in the immediate removal of the employee from FBI space, restricted access to FBI information or denial of unescorted access to FBI facilities. Exceptions will be resolved on a case-by-case basis. If contract performance is impacted as a result of removal of the employee, the contractor may be found in default of the contract. If a contractor employee terminates employment and/or assignment to the FBI prior to the reporting requirement, the contractor employee is not required to file.

FBI 52.204-5007, WARRANTLESS SEARCH – CONTRACT SECURITY

REQUIREMENTS, September 2020

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

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

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

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

4) has repeatedly or significantly mishandled or improperly stored classified information. The search may extend to the entire office or workplace and anything within it that might hold classified information, including locked containers (such as briefcases) and electronic storage media (such as computer disk and handheld computers), whether owned by the government, by the employee, or by a third party. The search may be conducted by appropriate FBI personnel and/or law enforcement officers, on an announced or unannounced basis, during the workday or after hours. If discovered during a search, evidence of misconduct - whether related to storage or classified information, storage of sensitive but unclassified information, or a crime - will be collected and reported to appropriate authorities. Contractor personnel who will meet the above criteria will be required to sign Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces (attached) upon award and forward the executed form(s) to the assigned Contracting Officer's 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 52.204-5008, CARS Clause: CLAUSES FOR CONTRACTS INVOLVING ACCESS TO CLASSIFIED INFORMATION – CONTRACT SECURITY REQUIREMENTS, September

The Government intends to secure services or equipment from firms which are not deemed to be an acquisition risk. The Government reserves the right to contract with such Offerors under appropriate arrangements, when it determines that such contract will be in the best interest of the Government. Accordingly, all Offerors responding to this proposal or initiating performance of a contract are required to answer the acquisition risk questions located in Section K. All answers are to be reflective of the parent and subsidiary levels of an organization. Offerors are also required to request, collect, and forward to the Government answers to these acquisition risk questions from all subcontractors undertaking classified work under the Offeror's direction and control. Offerors are responsible for the thoroughness and completeness of each subcontractor's submission.

Responses should specify, where necessary, the identity, nature, degree, and impact of any Foreign Ownership, Control, or Influence (FOCI) on their organization or activities, or the organization or activities of a subcontractor.

Additionally, a Key Management Personnel Listing (KMPL) must be submitted for each entity for which acquisition risk information is required. The KMPL must identify senior management by full legal name, position, social security number, date/place of birth, and citizenship status. The Offeror shall, in any case in which it believes that foreign influence exists or is being sought over its affairs, or the affairs of any subcontractor, promptly notify the Contracting Officer's Security Representative of all pertinent facts. The Selected Offeror shall promptly disclose to the Contracting Officer's Security Representative any information pertaining to any interest of a FOCI nature in the Selected Offeror or subcontractor that has developed at any time during the Selected Offeror's duration or has subsequently come to the Selected Offeror's attention. Written notification to the Contracting Officer is required of the Selected Offeror or any subcontractor whenever there is a change in response to any of the acquisition risk questions. The Offeror is responsible for initiating the submission of the required risk acquisition information and KMPL for all subcontractors undertaking classified work during the entire period of performance of the contract. Failure to comply shall be cause for default under the Default Clause of this contract.

In Section K, Offerors shall complete the Acquisition Risk Questions and Key Management Personnel Listing (KMPL) for the prime contractor and all proposed subcontractors. Provision of false information shall be cause for default under the Default Clause of this contract. The information in Section K regarding Key Management Personnel, which may identify U.S. persons, is being requested pursuant to the National Security Act of 1947, as amended, and Director of Central Intelligence Directive 7/6, Community Acquisition Risk Center, or superseding Acts or Directives. The FBI will use this information to conduct the acquisition risk determination and may share the information internally and externally with members of the Intelligence Community and other U.S. Government entities, if necessary, consistent with appropriate routine uses for its Central Records System (CRS), Justice/FBI-002, last published in full in the Federal Register on February 20, 1998 (63 Fed. Reg. 8671), or any updates thereto. In the absence of proof of death of any of the Key Management Personnel, their consent, or an overriding public interest, the information will not otherwise be disseminated except pursuant to the routine uses for the CRS.

The Government reserves the right to prohibit individuals who are not U.S. citizens from all or certain aspects of the work to be performed under this Contract.

Foreign Ownership, Control, or Influence (FOCI) - For purposes of this clause, a U.S. company is considered under FOCI whenever a foreign interest has the power, direct or indirect, and whether or not exercisable through the ownership of the U.S. company's securities, by contractual arrangements or other means, to direct or decide matters affecting the management or operations of that company. Changed conditions, such as change in ownership, indebtedness, or the foreign intelligence threat, may justify certain adjustments to the security terms under which a company is operating, or, alternatively, that different acquisition risk mitigation measures be employed. If a changed condition is of sufficient significance, it might also result in a determination that a company is no longer considered to be an acquisition risk. There is a continuing obligation of the Selected Offeror to advise the Government of such changed conditions. Failure to abide by this obligation shall be cause for default under the Default Clause of this contract.

Factors: The following factors will be used as the basis for making an acquisition risk determination. If the Offeror, or its proposed subcontractors, meet any of the following factors, they must identify themselves as a potential FOCI company and submit themselves for a Government acquisition risk evaluation and assessment:

(1) Ownership or beneficial ownership, direct or indirect, of 5 percent or more of the Offeror's company's voting securities by a foreign person.

(2) Ownership or beneficial ownership, direct or indirect, of 25 percent or more of any class of the Offeror's company's non- voting securities by a foreign person.

(3) Management positions, such as directors, officers, or executive personnel of the Offeror's company held by non-U.S. citizens.

(4) Foreign person power, direct or indirect, to control the election, appointment, or tenure of directors, officers, or executive personnel of the Offeror's company or other decisions or activities of the Offeror's company.

(5) Contracts, agreements, understandings, or arrangements between the Offeror's company and a foreign person.

(6) Loan arrangements between the Offeror's company and a foreign person if the Offeror's company's (the borrower) overall debt to equity ratio is 40:60 or greater; or financial obligations that are subject to the ability of a foreign person to demand repayment.

(7) Annual total revenues or net income in excess of 5 percent from a single foreign person or in excess of 30 percent from foreign persons in the aggregate.

(8) Ten percent or more of any class of the Offeror's voting securities held in "nominee shares", in "street names", or in some other method that does not disclose the beneficial ownership of equitable title.

(9) Interlocking directors with foreign persons and any officer or management official of the Offeror's company who is also employed by a foreign person.

(10) Any other factor that indicates or demonstrates a capability on the part of foreign persons to control or influence the operations or management of the Offeror's company.

(11) Ownership of 10 percent or more of any foreign interest. Every effort must be made to ensure that supplies are provided and integrated and services are performed using sound security components, practices, and procedures.

Acquisition of supplies or services from concerns under Foreign Ownership, Control, or Influence (FOCI) or of supplies developed, manufactured, maintained, or modified by concerns under FOCI (any or all of which shall be referred to herein as "Use of FOCI source") is of serious concern and must be approved prior to contract award and evaluated during contract performance. Approval decisions will be made on a case by case basis after the source or technology has been identified by the Offeror and subjected to a risk assessment. Any Offeror responding to this Request for Proposal (RFP), Request for Quotation (RFQ), or Sealed Bid acknowledges the Government's requirements to secure services or equipment from firms which are not an acquisition risk; are not under Foreign Ownership, Control, or Influence (FOCI); or where any FOCI, in the opinion of the Government, adversely impacts on National Security or security requirements. The Offeror understands and agrees that the Government retains the right to reject any response to this RFP, RFQ, or Sealed Bid made by the Offeror, without any further recourse by or explanation to the Offeror, if the acquisition risk for that Offeror is determined by the Government to be an unacceptable security risk.

The risk assessment process will vary depending on the acquisition type and proposed use of a FOCI source, available risk mitigation measures, and the information/justification provided by the

Offeror. Risk assessments will be on a case by case basis and will be used to determine whether the use of a FOCI source poses an unacceptable security risk. If an unacceptable security risk is determined, the Government retains the right to reject the use of a FOCI source or to require that certain risk mitigation measures be taken by the contractor. Similarly, the Government retains the unilateral right to approve the use of a FOCI source when the risk assessment indicates that such use would be in the Governments' best interests. If the use of a FOCI source is not approved, no classified information will be disclosed to the Offeror as part of the Government's rationale for non approval. The Offeror (prime and subs) may not seek reimbursement from the Government for any costs associated with responding to this RFP, RFQ, or Sealed Bid, as a result of a FOCI non-approval decision.

FBI 52.204-5009, CARS Clause: CLAUSES FOR PROCUREMENT OF CRITICAL ASSETS – CONTRACT SECURITY REQURIEMENTS, September 2020

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 non-approval 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…