Technical_and_Maintenance_Support-(SOW)-RFQ0000494.docx
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FEDERAL BUREAU OF INVESTIGATION
FINANCE DIVISION | PROCUREMENT SECTION
REQUEST FOR QUOTE
Technical and Maintenance Support Services For the Hostage Rescue Team (HRT)
Statement of Work
Solicitation #PR-0000494
Contents
| 1 | INTRODUCTION | 5 |
| 2 | BACKGROUND | 5 |
| 3 | DESCRIPTION OF SERVICES | 5 |
| 4 | REQUIREMENTS | 5 |
| 4.1 | Tactical Communicator (TC)/Telecommunications Specialist (TS) | 5 |
| 4.1.1 | Minimum Qualifications for TC/TS | 5 |
| 4.1.2 | Duties and Responsibilities for TS/TC | 5 |
| 4.1.3 | General | 5 |
| 4.1.4 | Specific | 6 |
| 4.1.5 | Required Experience, Knowledge, Skills and Abilities for (TC) / (TS) | 7 |
| 4.2 | Maritime Program Specialist | 7 |
| 4.2.1 | Minimum Qualifications for Maritime Program Specialist | 7 |
| 4.2.2 | General | 7 |
| 4.2.3 | Specific | 8 |
| 4.2.4 | Required Experience, Knowledge, Skills and Abilities for the Maritime Program Specialist | 8 |
| 5 | PLACE OF PERFORMANCE | 8 |
| 5.1 | Travel | 8 |
| 5.1.1 | CONUS Deployment | 8 |
| 5.1.2 | OCONUS Deployment | 9 |
| 5.2 | PERIOD OF PERFORMANCE | 9 |
| 5.3 | Use of U.S. Government Vehicles | 9 |
| 5.4 | Contractor Certificate of Liability Insurance | 9 |
| 5.5 | Deliverables | 9 |
| 5.6 | Government Furnished Equipment or Information | 10 |
| 5.7 | Personnel Availability | 10 |
| 5.7.1 | Observance of Federal Holidays | 10 |
| 5.7.2 | Surge Support | 11 |
| 5.8 | Security Requirements | 11 |
| 5.8.1 | Classified Contract | 11 |
| 5.8.2 | Community Acquisition Risk Section (CARS) Special Security Requirement (CARS Assessment Required) | 13 |
| 5.8.3 | Contracting Officer's Security Representative | 15 |
| 5.8.4 | E-QIP | 16 |
| 5.8.5 | DOJ Procurement Guidance for Security Systems and Data – Including Personally Identifiable Information (PII) Special Security Requirements | 17 |
| 5.8.6 | DOJ Consent for Warrantless Searches of DOJ Workspaces | 18 |
| 5.8.7 | Personnel Security Special Security Requirements | 19 |
| 5.8.8 | Contractor Financial Disclosure Requirements | 20 |
| 5.8.9 | Contractor Suitability Requirements | 22 |
| 5.8.10 | DOJ U.S. Residency Requirement | 22 |
| 5.9 | Government Representatives | 22 |
| 5.9.1 | Contracting Officer Representative | 22 |
| 5.9.2 | Contracting Officer | 22 |
| 5.10 | Invoicing Procedures | 22 |
| 6 | INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS | 23 |
| 6.1 | Proposal Structure | 23 |
| 6.2 | Volume A: Technical Quote | 24 |
| 6.2.1 | Executive Summary | 24 |
| 6.2.2 | Management and Staffing Plan | 24 |
| 6.2.3 | Incumbent and Transition Plan Expectations | 25 |
| 6.2.4 | Key Personnel Resumes | 25 |
| 6.3 | Volume B: Past Performance | 26 |
| 6.4 | Volume C: Security | 26 |
| 6.5 | Volume D: Price | 26 |
| 6.5.1 | Pricing Table | 26 |
| 6.5.2 | Labor Rates | 26 |
| 6.5.3 | Travel and Other Direct Costs Proposal | 27 |
| 7 | EVALUATION FACTORS FOR AWARD | 27 |
| 7.1 | Evaluation Factors | 27 |
| 7.1.1 | Factor 1: Technical Quote | 27 |
| 7.1.2 | Factor 2: Past Performance | 28 |
| 7.1.3 | Factor 3: Security | 29 |
| 7.1.4 | Factor 4: Price | 29 |
| 7.2 | Evaluation Weights | 29 |
| 7.3 | Use of Contractors in Source Selection Evaluation | 29 |
INTRODUCTION
This statement of work defines the requirements for a firm-fixed price, indefinite delivery, indefinite quantity (IDIQ) contract type for technical and maintenance support to the Hostage Rescue Team (HRT). This contract provides for fixed-price labor-hours services within the stated limits from the date of award of this contract for 12 months with four, one-year option periods. During the life of the contract the FBI shall order the guaranteed minimum quantity of $500,000. The Offeror shall furnish the stated minimum, and as ordered, any additional quantity of services not to exceed a maximum of $5 million over the life of the contract.
The Government shall not be required to purchase from the successful Offeror any additional quantities after the guaranteed minimum. Obligation of funds and specific quantities will be ordered through individual delivery orders.
BACKGROUND
The HRT is part of the FBI’s Critical Incident Response Group (CIRG) based in Quantico, Virginia. This is a non-personal services contract. The Government shall not exercise any supervision or control over contractor employees performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
DESCRIPTION OF SERVICES
The HRT requires a vendor to provide telecommunications, maintenance and logistical support services. These services are in support of HRT leaders to support for both tactical and non-tactical operations. The vendor shall provide personnel to render these support services in setting ranging from office and outdoor settings in Quantico, Virginia and other locations within the continental United States to short notice, short duration assignment overseas in austere locations in operations other than war. Specific requests for service will be identified in orders against this ID/IQ.
REQUIREMENTS
The labor categories covered under this statement of work are identified below.
Tactical Communicator (TC)/Telecommunications Specialist (TS) Each TC/TS is determined to be a key person.
Minimum Qualifications for TC/TS
· High School Diploma or Equivalent
· Completion of a civilian electronic technician training course and/or DOD component telecommunications school.
· Minimum of seven (7) years civilian telecommunications or electronic technician experience and/or a minimum of five (5) years military experience as a telecommunication operator/maintainer or electronic technician.
· Ability to carry communications equipment up to 70 lbs.
· Ability to deploy for extended periods of time nationally and/or internationally.
Duties and Responsibilities for TS/TC General This specialized expertise will include the ability to develop communication plans and deploy/operate tactical communications systems to include but not limited to, satellite equipment, satellite antenna and base band equipment, TACSAT radio setup and operation, Mobile Ad-Hoc Networks installation and management, and possess a working knowledge of all communications equipment listed under the specific duties section. This position will be required to deploy, sometimes to hazardous/combat environments in order to provide technical/communicative support to deployed FBI personnel worldwide.
Specific Each contractor is expected to know the following basic technical and administration skills as part of their duties.
· Develop, revise, and/or review specifications for new or upgraded telecommunications systems or components
· Develop, revise, and/or review specifications for new or upgraded tactical communications systems or components
· Assist in coordination with various State, local and federal agencies
· Develop, and implement communication plans for tactical operations
· Establish and maintain communication and technical infrastructure as required throughout FBI facilities, or facilities utilized by the FBI
· Maintain and conduct an inventory of electronic and telecommunication equipment as required
· Maintain a positive stock of consumable supplies as required
· Maintain communication connectivity with communication platforms to include the following:
· KU satellite systems
· HF/UHF/VHF radio communication systems
· Data systems
· Mobile Ad-Hoc networking
· Mesh networking systems
· Tactical SatCom
· LMR systems
· Phone systems
· Common Operation Picture (COP)Applications
· Develop, maintain, conduct training, perform future technical integration, and tactical deployment, without limitation, on the following systems and products:
· PRC-117F/G Tactical SATCOM Radios (Type I Encryption)
· PRC-117F/G HP Wave software
· MBITR ANPRC-148 Tactical Radios
· PRC-150 Tactical Radios
· PRC-152/A Tactical Radios
· XTS-5000 (Motorola)
· APX Series 7000, 7500 (Motorola)
· FlexComm RT-5000/RT-5000p (Wulfsberg radio)
· Tactical Repeaters
· Various Tactical antennas
· AN/CYZ-10
· KYK-11
· KVL-3000/4000 key loader
· Biometric collection systems (e.g.,Quick Capture Platform)
· Harris Universal Imaging Transmission Software (HPW)
· Panasonic Toughbook computers and associated software
· GPS-based world mapping software (e.g., Falcon View) using NIMA products
· Digital Intelligence collection devices (video and still imagery; and “Real-time” transmission of collected data.
· Situational Awareness software (e.g., Android Tactical Assault Kit)
· STE PHONES
· VOIP (secure and non-secure)
· Video Tele-Conferencing to include: Tanburg Tactical and Tanburg rack mounted (600 or newer) Required Experience, Knowledge, Skills and Abilities for (TC) / (TS)
· Expert developing and executing Department of Defense (DoD) and other government agency communication plans.
· Expert knowledge of telecommunications management policies, rules and regulations.
· Expert at establishing and maintaining communication infrastructures for the effective exchange of information between operationally deployed assets and operation centers in support of tactical operations.
· Experience deploying and maintaining various types of law enforcement and military tactical radio systems.
· Experience deploying and maintaining various types of tactical antennas.
· Extensive participation in joint operations, and/or federal law enforcement operations.
· Demonstrated experience with the operational procedures of establishing and maintaining communications for Tactical Operation Centers (TOC), Command Posts (CPs) or equivalent operational centers.
· Expert knowledge of video tele-conferencing procedures to include set-up and operation.
· Operational knowledge of mesh network and mobile ad-hoc networking.
· Operational knowledge of public address systems, situational awareness monitors and access control systems.
· Operational knowledge of cryptographic devises to include use, storage, and destruction.
Maritime Program Specialist Minimum Qualifications for Maritime Program Specialist
· Graduate of military diver training
· Graduate of Naval Special Warfare Diving Supervisor Course
· Diving Instructor, qualified through Scuba School Instructional or equivalent General The Maritime Program specialist (MPS) will provide overall coordination of Maritime training (including the setting up of training events, providing instruction and Diving Supervision). The Maritime Program specialist (MPS) will provide overall systems expertise (including maintenance and repair) and deployable expertise on all dive equipment. The primary responsibilities of the Maritime Program specialist shall be planning, budgetary and program management and systems integration functions required to procure, operate, and provide life cycle support to the specified technology based systems and projects.
Specific
· Provide Diving Instruction
· Provide Diving Supervision
· Maintain Closed Circuit LAR V Draeger Rigs and any subsequent replacement Closed Circuit Rebreather.
· Perform all scheduled maintenance
· Maintain records of all maintenance performed on LAR V
· Maintain all Open circuit dive gear to include, but not limited to:
· Regulators
· Buoyancy compensators
· All air cylinders
· Maintain all air compressors used for divers air (and all related equipment)
· Maintain haskel (or similar) pumps used for divers oxygen (and all related equipment)
· Maintain all personal flotation devices used by HRT
· Maintain all exposure suits used for maritime ops
· Maintain all dry suits and related gear for dry suit diving
· Assist in maintaining accountability of all gear assigned to the diving locker
· Assist other programs in the use and filling of oxygen and compressed air
· Assist the Maritime Program Manager in defining requirements for diver equipment, manage equipment inventory, and planning budgetary requirements.
Required Experience, Knowledge, Skills and Abilities for the Maritime Program Specialist
· Effective oral and written communications.
· Physically capable of prolonged standing and kneeling
· Capable of operating small boats
· Physically capable of climbing on, off and around boats, trucks and other rolling stock.
· Maintain all dive qualifications stated above.
PLACE OF PERFORMANCE
The primary place of performance will be at the HRT facility in Quantico, VA.
Travel All contract employees must be able to travel and may be required to deploy to locations within the Continental United States (CONUS) and Outside Continental United States (OCONUS) locations in support of HRT operational requirements. While these deployments usually do not last longer than ten (10) days, personnel must be capable of being deployed for up to ninety (90) days. Travel will be funded by the Government on a reimbursable cost basis at a rate comparable to/or in accordance with the Joint Travel Regulation (JTR). Receipts must support all travel costs exceeding $75. The receipts shall be provided with the original invoice to the Contracting Officer to allow for validation of the invoice. Hotel, rental car, airline costs must be supported by paid receipts.
CONUS Deployment Deployments in-country are not expected to exceed four weeks, may occur in support of operational requirements or training. When deployed in support of real world and field training exercises, contract employees may be required to work non-standard duty days depending on mission requirements. Contractor employees may be put on an on call status (24/7) response to support real world operations.
OCONUS Deployment Contract employees may be required to deploy overseas in support of technical requirements for this contract. When deployed overseas, contract employees may be assigned to positions in combat and/or hazardous duty zones. Contract employees may be required to work non-standard duty days depending on mission requirements.
PERIOD OF PERFORMANCE
The period of performance for this effort will be as follows:
| BASE PERIOD |
| 3/26/16 – 3/25/17 |
| OPTION YEAR 1 |
| 3/26/17 – 3/25/18 |
| OPTION YEAR 2 |
| 3/26/18 – 3/25/19 |
| OPTION YEAR 3 |
| 3/26/19 – 3/25/20 |
| OPTION YEAR 4 |
| 3/26/20 – 3/25/21 |
Use of U.S. Government Vehicles At the direction of the designated FBI official, Contractor personnel, possessing a valid driver license and Commercial Drivers License (CDL) license as required per specific vehicle class and type for the state in which they reside, may be required to operate U.S. Government vehicles in support of assigned mission.
Contractor Certificate of Liability Insurance The Contractor shall be responsible for obtaining and providing to the Contracting Officer (CO) and Contracting Officer Representative (COR) a Certificate of Liability Insurance for coverage of the specified Contractor’s listed on the policy for liability arising out of the maintenance and use of all vehicles required by the U.S. Government to be driven / maintained by the Contractor.
Deliverables The Contractor shall provide monthly status reports to the Contracting Officer (CO) and the Contracting Office Representative (COR). The format will be agreed to by the Contractor and COR at the start of performance, but the contents shall contain the following, at a minimum: Staffing Summary, Hours and Labor performed Current Management and Administrative problems, and Action items. The Contractor shall also provide a bi-weekly status report that describes the activities that were completed (highlights), areas of risk, and personnel and their responsibilities for that time period.
| Deliverable Title |
| Deliverable Date |
| Monthly Status Reports |
| 2nd Wednesday of Every Month |
| Bi-weekly Status Reports |
| Every other Tuesday |
Government Furnished Equipment or Information The Government shall provide contractor personnel assigned to this contract with a typical working environment, including office furniture and furnishings, secure and unclassified telephone service, storage for classified and unclassified materials, use of the Government's mail and courier services, and access to copiers, fax machines, personal computers (PCs) and related software.
Personnel Availability Contractor employees provided under this contract are expected to work 40 hours per week, Monday through Friday, 8:00 a.m. to 4:30 p.m. with a 30 minute lunch hours. Changes to these work hours (flexing hours) must be requested in writing through the Unit’s Contracting Officer Representative (COR) but must, effectively, cover the FBI’s core hours of 10:00a.m. to 2:00p.m.
Observance of Federal Holidays Contractor personnel may not access FBI facilities on weekends (Saturday and Sunday) or Federal holidays unless authorized by the COR pursuant to this section. Federal holidays shall be observed on the day mandated by Federal law. Holidays presently observed are as follows:
· New Year’s Day (1st of January)
· Martin Luther King Day (3rd Monday of January)
· President’s Day (3rd Monday of February)
· Memorial Day (last Monday of May)
· Independence Day (4th day of July)
· Labor Day (1st Monday of September)
· Columbus Day (2nd Monday of October)
· Veteran’s Day (11th day of November)
· Thanksgiving (4th Thursday of November)
· Christmas (25th day of December)
In addition to the days designated as holidays, the U.S. Government observes the following days:
· Any other day designated by Federal statute;
· Any other day designated by Executive Order; and
· Any other day designated by Presidential Proclamation.
· When the designated on-site government facility/place of performance is closed due to inclement weather or other reason, contractor personnel will not be allowed to enter or work at that facility and will not be compensated for those days. If there is a delayed opening, contractor personnel will only be compensated for the number of hours actually worked that day.
· When the Federal, State, Local or other government entities grant excuse absence or early dismissal, contractor personnel assigned to affected work sites may also be excused and/or dismissed. The Contractor agrees to continue to provide sufficient personnel to perform essential or critical tasks already in operation or scheduled and shall be guided by instructions from the COR or CO.
· Working hours and billable hours in excess of 40 hours per week per employee shall be requested in writing and must be approved in advance by the COR.
Requests and justification for planned overtime shall be made in writing to the COR not less than five (5) calendar days in advance of the need.
· Part-time contractor staff shall work established work hours within the core business hours; part-time work hours shall be approved in advance by the COR.
Surge Support From time to time, Contractor staff may be required to provide surge support by working outside the typical business hours, weekend, or holiday hours beyond the normal 40 hour work week to support schedule requirements or meet established deadlines. Surge support may be required due to mission support operations. This surge support may be required at Quantico, other CONUS locations, or OCONUS locations. The Offeror shall bill the government at the same rate to support surge support operations.
Security Requirements Classified Contract The FBI has determined that performance of this effort requires that the Contractor have access to classified National Security Information (herein known as classified information). Classified information is Government information which requires protection in accordance with Executive Order 12356, Classified National Security Information, and supplementing directives. Executive Order 13292, dated 28 March 2003, “Further Amendment to Executive Order 12356, as amended, “Classified National Security Information” and implementation directives, provides principles and procedures for the proper classification and declassification of material. These principles and procedures are applicable to classified documents or materials generated by the contractor in performance of this contract.
This clause applies to the extent that this contract involves access to information classified: “Top Secret” at the time of award). The contractor shall comply with:
(1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M)
(2) Any revisions to that manual, notice of which has been furnished to the contractor.
The Contractor shall abide by the requirements set forth in the DD Form 254 and the National Industrial Security Program Operating Manual (NISPOM), DoD 5200.22-M) for the protection of classified information at its cleared facility, if applicable, as directed by the DSS. If the Contractor has access to classified information at a FBI or other Government facility, it shall abide by the requirements set by the agency.
No classified document or material provided by the FBI, or generated by the contractor pursuant to the contract, may be downgraded or declassified unless authorized in writing by the Contracting Officer (CO).
The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual shall interface with the FBI Security Office on all security matters, to include physical, personnel and protection of all Government information and data accessed by the Contractor.
Contractor personnel will require access to classified information and have access to classified areas. Contractor personnel shall possess at least an active and transferable Government Secret clearance at the time of proposal submission. Contractors who will have access to FBI facilities, systems or data shall possess an active and transferable Top Secret clearance at the time of proposal submission. The Government reserves the right to waive this requirement for any portion of the work that deals with technologies or data that is in the public domain. Contractor personnel assigned to this project shall be subject to routine criminal and credit checks by the FBI.
Contractor personnel shall be subject to counterintelligence focused polygraph examinations at the Government's discretion. The polygraph examinations may be required prior to acceptance or at any time during the task order, without notice.
The contractor shall maintain an overall security program in accordance with the requirements of the NISP. All automated information systems utilized to process FBI information will be operated in accordance with the requirements of the NISPOM, NISPOM Supplement, dated February 1995, DCID 6/3 and/or FBI certification and accreditation policies and procedures, as appropriate. Revisions to these documents, when published, will be provided to the contractor and will become a part hereof upon such issuance.
If subsequent to the date of this contract, the security classification or security requirements under this contract are caused to be changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.
The contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph, but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.
The contractor is obligated to comply with all relevant clauses and provisions incorporated into this contract and with the Contractor Non-Disclosure Agreement, and as referenced therein, the NISPOM, dated January 1995, and all applicable FBI security policies and procedures, including the DCIDs. As applicable, the contractor shall maintain a security program that meets the requirements of these documents.
Security requirements are a material conduction of this contract. This contract shall be subject to immediate termination for default, without the requirement for a 10-day cure notice, when it has been determined by the Contracting Officer (CO) that a failure to fully comply with the security requirements of this contract resulted from the willful misconduct or lack of good faith on the part of any one of the Contractor’s directors or officers, or on the part of any of the managers, superintendents, or equivalents of the contractor who have supervision or direction of:
a. All or substantially all of the contractor’s business, or
b. All or substantially all of the contractor’s operations at any one plant or separate location in which this contract is being performed, or
c. A separate and complete major industrial operation in connection with the performance of this contract.
When deficiencies in the contractor’s security program are noted which do not warrant immediate default, the contractor shall be provided a written notice of the deficiencies and be given a period of 90 days in which to take corrective action. If the contractor fails to take the necessary corrective action, the Contracting Officer (CO) may terminate the whole or any part of this contract, for default. The contractor shall maintain and administer, in accordance with all relevant clauses and provisions set forth or incorporated into this contract, a security program that meets the requirements of these documents.
Community Acquisition Risk Section (CARS) Special Security Requirement (CARS Assessment Required) 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 Attachment B. 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 nonapproval decision.
Contracting Officer's Security Representative Contracting Officer's Security Representatives (COSR) are the designated security representatives of the Contracting Officer and derive their authorities directly from the Contracting Officer (CO). They are responsible for certifying the contractor's capability for handling classified material and ensuring that customer security policies and procedures are met. The COSR is the focal point for the contractor, Contracting Officer (CO), and Contracting Officer's Representative (COR) regarding security issues. The COSR cannot initiate any course of action that may alter the terms or price/cost of the contract. The COSR for this contract is SueEllen Sokolski and can be reached on (202) 2031974.
E-QIP
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 Representative (COR) 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.
DOJ Procurement Guidance for Security Systems and Data – Including Personally Identifiable Information (PII) Special Security Requirements I. 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 Technical Representative (COTR).
If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR 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.
II. 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.
DOJ Consent for Warrantless Searches of DOJ Workspaces 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 Technical 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.
Personnel Security Special Security Requirements I. 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 Requirements Clause identified below in II.
II. 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.
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