SECTION H - SPECIAL CONTRACT REQUIREMENTS - module entrance.pdf

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT

(FOIA)

If a request for information contained in a proposal is requested under the FOIA, the

Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the provision at FAR 52.215-1, “Instructions to Offerors-Competitive Acquisition” found in Section L of the Contract. The

Government will, before disclosure, make an administrative determination on a case-by-case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28

CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.2 ORGANIZATIONAL CONFLICTS OF INTERESTS – GENERAL

(a) The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph (b) below.

(b) The term “organizational conflict of interest” means a situation where a Contractor has interest, either due to its other activities or its relationship with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the Government’s standpoint in being able to secure impartial, technically sound, objective assistance and advise from the

Contractor, or in securing the advantages of adequate competition in its procurement; or (2) from the industry’s standpoint in that unfair competitive advantages may accrue to the Contractor in question.

(c) The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government.

(d) In the event that the Contractor was aware of an organization conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting

Officer, the Government may terminate the contract at no cost to the Government.

H.3 INSURANCE

In accordance with FAR Clause 52.228-5, Insurance – Work on a Government Installation, the

Contractor shall, at their own expense, procure and thereafter maintain the following types of insurance while holding this Contract.

H.3.1 Workmen’s Compensation and Employee Liability Insurance. The required Workmen’s

Compensation insurance shall extend to cover employee’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

H.3.2 General Liability Insurance. To protect the Contractor from claims of bodily injury, associated medical costs, and damage to property. Contractor shall hold General Liability insurance with a minimum limit of $500,000 per occurrence.

H.3.3 Automobile Liability Insurance. This insurance is required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the Contract. Minimum limits are $200,000 per person, $500,000 per occurrence, and $20,000 per occurrence for property damage.

H.4 SUBMISSION OF DOCUMENTS AND NOTES

The Contractor shall forward a copy of the documentation generated because of the contract to the FBI Administrative Contracting Officer identified in the awarded contract. This information shall include but is not limited to the following: weekly, monthly, and special reports; cost estimates; drawings; transmittal documents and their attachments; meeting minutes; 35%, 50%, 90% and final submissions, etc.

H.5 DOCUMENT HANDLING

The FBI's systems, drawings and/or specifications related to this effort are considered, while not classified, to be SENSITIVE to the FBI. These Documents have been released to the Contractor specifically with the understanding that only those employees who have been granted security access or if necessary, clearances by the FBI and with a need-to-know shall have access to the

Documents. The Contractor has been granted access to these Documents following a preliminary review by the FBI and the Contractor firm shall have the responsibility for overseeing access to these Documents among its employees to ensure that the Documents are maintained in a secure manor. As a minimum, these Documents shall be secured in locked file cabinets with established procedures for key control.

H.6 DOCUMENT DUPLICATION

Under no circumstances shall the Contractor permit the duplication of documents or any portion thereof for other than its own use as required by the contract without the prior written consent of the FBI Contracting Officer.

H.7 DOCUMENT CONTROL AND ACCESS

H.7.1 The Contractor shall only permit access of Documents to its employees on a need-to-know basis. Prior to permitting access to Documents by individuals or representatives of the Contractor or other consultants, a determination by a principal of the firm must be made that the individual or consultant has a legitimate and verified need to see the Documents in order to complete performance of this effort.

H.7.2 The Contractor shall maintain a list of all Contractor employees and/or consultants that have access to these documents.

H.7.3 This list shall be returned to the FBI along with the Documents and/or Deliverables required by this effort upon completion of the contract.

H.7.4 Under no circumstances shall the Contractor permit the duplication of documents or any portion thereof for other than its own use as required by the contract without the prior written consent of the FBI Contracting Officer.

H.8 DOCUMENT CONTROL INSPECTION

The FBI Contracting Officer or the Contracting Officer's Representative may, without any prior notification, inspect the Contractor’s place of business to ensure the above requirements for

Document Control are being followed. If the FBI determines that the Contractor is not adhering to the Document Controls set forth above, the FBI reserves the right to remove the Documents and access list immediately. Further, the Contracting Officer may preclude the Contractor from further participation in this contract and may result in application of appropriate remedies up to and including default termination.

H.9 PROHIBITION ON USE OF WiFi AND INTERNET CONNECTIONS

Security requirements shall prohibit the Contractor and the designer of record (DOR) from incorporating into their designs the use of WiFi or hardwire internet connections for any building system or the operation of any building equipment without the written approval of the FBI

Contracting Officer. The use of these connections must be approved individually by the

Contracting Officer after concurrence of the FBI’s Security Division and the Contracting

Officer’s Representative.

H.10 PROHIBITION OF PERFORMANCE BY NON-U.S. CITIZENS

The Department of Justice, Federal Bureau of Investigation (FBI) will not permit the use of non-

U.S. Citizens in the performance of this contract or commitment for any position that involve access to or development of any FBI IT system. By signing the contract or commitment document, the contractor agrees to this restriction with respect to all employees utilized directly to perform duties on the contract. No non-U.S. Citizens may be added to the contract without the express approval of the Department of Justice.

H.11 PROCUREMENT-SENSITIVE AND SENSITIVE INFORMATION NON-

DISCLOSURE AGREEMENT

During the performance of this contract, certain efforts may involve projects containing procurement-sensitive and/or FBI mission-sensitive information which will be available only to contractor personnel that have a need to know. Under such circumstances, the Contractor’s and subcontractor’s personnel shall complete a non-Disclosure agreement between themselves, the firm and the FBI.

H.12 RELEASE OF INFORMATION

The Contractor is expressly prohibited from releasing to any third party, any information pertaining to-any individual which is protected by the Privacy Act of 1974. This includes, but is not limited to social security number, home address, home telephone number, date of birth, personal information, and personal or disparaging remarks about the individual. See FAR

52.224-2 entitled Privacy Act and 52.224-3 entitled Privacy Training.

To the extent the Contractor is given access to Law Enforcement Sensitive (LES), Sensitive but

Unclassified (SBU), sensitive, for official use only, or proprietary technical information belonging to the Government. The Contractor must treat such information as LES, SBU, sensitive or for official use only and must not use or discuss this information unless directed by the Contracting Officer or authorized in writing by the COR.

H.13 MISCELLANEOUS PROVISIONS

H.13.1 All work shall be in accordance with applicable FBI criteria and guides, national and local codes. Workmanship of sketches or drawings shall be neat with all lines and lettering of uniform weight and clarity for complete legibility and satisfactory reproduction including half size documents.

H.14 ANNOUNCEMENT OF PROJECTS

The Contractor is expressly forbidden from notifying any outside party of any details concerning any project on which the Contractor is providing any service to the FBI because of this contract, without the expressed written approval of the FBI Contracting Officer. The Contractor shall ensure that this clause is incorporated in agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise. This requirement is applicable to the posting of information for a project with the FBI on any website, proposal, etc.

H.15 CONFIDENTIALITY OF DATA

Duplication or disclosure of the data and other information to which the Contractor will have access because of this contract, is prohibited by Public Law. It is understood that throughout performance of the Contract, the Contractor will have access to confidential data that is the sole property of the FBI as well as access to proprietary data that is the sole property of other than the contracting parties. The Contractor hereby agrees to maintain in the confidentiality of all such data to which access may be gained throughout contract performance, whether title thereto vests in the FBI or otherwise. The Contractor hereby agrees not to disclose said data, any unauthorized parties whether real or artificial, in contravention of these provisions, without the prior written approval of the FBI Contracting Officer or the party in which title thereto is wholly vested. The Contractor shall ensure that this clause is incorporated in any agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

H.16 DISCLOSURE OF DATA

All data produced, developed and/or delivered because of this contract, shall be the sole property of the FBI and shall be treated by the Contractor as official FBI documentation to be released by the FBI only. Duplication or disclosure of the data and other information produced by the

Contractor hereunder is prohibited. Accordingly, the Contractor shall not disclose said data, any interpretations thereof, or data derivation there from, to third parties whether real or artificial in contravention of these provisions, without the prior written approval of the FBI Contracting

Officer. The Contractor shall ensure that this clause is incorporated in any agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

H.17 CONTRACTOR KEY PERSONNEL

H.17.1 As a minimum, the Contractor shall use the following key personnel named or otherwise identified in their Technical Proposal for the period specified for required services. If key personnel named in the Technical Proposal are unable to perform services due to death, illness, resignation or similar reasons, the Contractor shall immediately notify the Contracting Officer in writing of the inability of its key personnel to perform the required services. The Contractor shall promptly submit to the FBI Contracting Officer and COR, in writing, the name and qualifications of its proposed replacement.

H.17.2 The Contractor shall provide the selected replacement(s) within ten (10) calendar days unless otherwise extended by the FBI Contracting Officer. Following the location of an acceptable replacement, the Contractor shall assure that a minimum of five (5) eight (8) hour days are devoted to the supplying of project background information to the approved key personnel or subcontractor key personnel prior to the release of the key personnel or subcontractor key personnel from the project.

H.17.3 This action shall take place without any additional cost to the Government. Those individuals considered key personnel are those identified in the Contractor’s proposal submitted in response to this RFP or subsequently awarded contract.

H.18 CONTRACTOR KEY PERSONNEL SUBSTITUTION

Personnel in key positions (Project Manager, Quality Control Manager, Project Superintendent, and Estimator) are considered essential to the performance of this contract. The Contractor agrees that a partial basis of award of this Contract will be the key personnel proposed.

Accordingly, the Contractor agrees to assign under the contract those key personnel whose credentials, experience and expertise were provided with the proposal, and which meet the qualifications necessary to fulfill the requirements of the contract.

H.18.1 Contractor shall provide a listing of key personnel. The listing of key personnel may be amended during the contract to either add or delete personnel, as needed. Prior to diverting any key personnel to other programs projects, the Contractor shall notify the CO at least fourteen

(14) calendar days in advance of the proposed changes. The Government reserves the right to reject proposed changes in key personnel if it is during an active project. Such notification shall include:

• An explanation of the circumstances necessitating the substitution.

• Any other information requested by the CO to enable him/her to determine that the

Contractor is maintaining the same quality of personnel as those included at the time of award.

H.19 REMOVAL OF CONTRACTOR KEY PERSONNEL

The Government reserves the right to request the removal of the contractor’s key personnel, subcontractor’s key personnel, or subcontractor at any time during the life of the IDIQ contract.

The Contractor shall provide an acceptable replacement(s) within ten (10) calendar days unless otherwise extended by the FBI Contracting Officer.

H.20 PROMPT PAYMENT

In accordance with Public Law 100-496, the FBI is hereby advising the Contractor that the FBI will require an additional 30 calendar days for the processing of payment applications to allow for the inspection of work, services, and adequacy of Contractor performance under the contract.

H.21 RECOVERED MATERIALS

The Contractor is responsible for review and recommending to the FBI and incorporation into construction project design specifications, if applicable, recovered material specifications as identified in 40 CFR Part 247 and those items for which the EPA has provided purchasing recommendations in related Recovered Materials Advisory Notice. Examples of this would be the use of Fly Ash as a recovered material for use with concrete and the use of recovered paper in hydro seeding.

H.22 ENERGY CONSERVATION

Where appropriate the Contractor shall consider and make recommendations to the FBI for energy conservation, pollution prevention, and waste reduction to the maximum extent practicable in the development of construction design specifications.

H.23 GREEN BUILDINGS

The Contractor shall, in accordance with the Executive Order number 13423, create designs, and perform related services in a manner that supports the FBI mission by obtaining a Leadership in

Energy and Environmental Design for New Construction (LEED-NC) Silver Certification.

H.24 BETTERMENTS

The minimum requirements of the contract are identified in the Request for Proposal and the associated Program of Requirements. All betterments offered in the accepted proposal become a requirement of the awarded contract. “Betterment” is defined as any component or system in the accepted proposal which exceeds the minimum requirements stated in the Request for Proposal.

This includes all betterments identified in the accepted proposal. It also includes all Government identified betterments in the accepted proposal, whether the Government specifically identifies such betterments in a “List of Accepted Project Betterments,” to be produced by the Offeror as a part of their proposal made part of the contract award by alteration. It also includes any other betterments in the accepted proposal that might be identified after award.

H.25 SECURITY REQUIREMENTS

A. Within ten (10) business days after award of the contract, the Contractor shall furnish to the

Contracting Officer Representative (COR) the name, social security number, date of birth, place of birth, and present address of key management or supervisory personnel who will require access to the FBI Facility. If any of these personnel have or have had security clearances, it should be noted along with the level of clearance and the granting authority.

B. Individual Reporting Requirements to Maintain Clearances and Facility Access:

1. All personnel shall immediately report the following information to the Government: Foreign travel (thirty (30) days prior to departure); unplanned foreign travel (as soon as possible); contact with law enforcement (traffic violation under $100 shall not be reported); financial problems before they situation becomes unmanageable; contact with foreign nationals.

2. Key Personnel shall also immediately report the following to the Government:

B. Individual Reporting Requirements to Maintain Clearances and Facility Access:

1. All personnel shall immediately report the following information to the Government:

Foreign travel (thirty (30) days prior to departure); unplanned foreign travel (as soon as possible); contact with law enforcement (traffic violation under $100 shall not be reported);

financial problems before they situation becomes unmanageable; contact with foreign nationals.

2. Key Personnel shall also immediately report the following to the Government: change in marital status; change in name; change in status of room/house mates (roommates shall be reported thirty (30) days prior to move in, if stay will be longer than thirty (30) days, and not an immediate family member); employment outside of the Contracting agency (outside employment shall be authorized by the Bureau 30 days prior to starting); suspicious contact from any individual(s) trying to obtain FBI information; any change in personnel relationship which may cause a safety concern to the individual or coworkers; court cases involving:

divorce, bankruptcy, moving traffic violations (over $100), criminal arrests, civil proceedings, tax matters, and failure to honor legitimate debts.

C. Contract Security Representative: The Contractor shall designate one of his staff as a Contract

Security Representative (CSR). The name of the CSR shall be submitted to the Government within five (5) calendar days of award of contract and the Contractor will ensure that the so named individual shall not be removed from this position without written approval from the

Government. The CSR shall be the individual who will deal with the FBI on all security matters.

For the purposes of this Project, all security matters will be handled through the Government. All security clearances and access approvals for the

Contractor, the subcontractors, and all employees of these firms, shall be handled through the

Government. Additionally, the CSR's responsibilities will include:

1. Provide to the Government all required information to obtain Security Clearances and facility access approval for all Contractor employees requiring access to the facility.

2. Return all Government-issued property to the Contracting Officer.

3. The General Contractor’s (GC) Security Representative shall maintain a drawing log, to include (1) Set Number; (2) Subcontractor Company Name; Subcontractor’s Point of Contact

(person responsible for drawings), address, phone number and facsimile number, at a minimum. At the completion of the contract, the GC shall return all drawings, including all drawings that have been issued after proposal, such as bulletins, ASI’s, changes, and etc.

4. The General Contractor and subcontractors should plan that the above-described forms and information shall be completed and delivered to the GOVERNMENT by the CSR at least thirty (30) working days prior to the arrival of any individual at the FBI facility where the

Work is to be performed.

D. Background Investigation: A background investigation, the scope of which will be at the discretion of the FBI, will be conducted on all Contractor personnel. At the discretion of the FBI, personnel may also be interviewed by the FBI regarding foreign travel, associates, residences, or other matters of concern to the FBI, in deciding whether to grant access to its facilities or property. Refusal or failure to accurately complete the forms, or to be interviewed to resolve any questionable matters, shall be deemed reasonable cause for denial of access to FBI facilities.

E. Access to FBI Facilities: Access to FBI Facilities or property will be granted only after preliminary verification of the accuracy and completeness of submitted information shows no disqualifying factors.

1. Access to FBI facilities or property will be granted only where such access is clearly consistent with the mission and responsibilities of the FBI. If, for any reason, a contract individual is denied access to any FBI facility or property, the FBI will not disclose to the

Contractor the reason for denial, nor will the FBI be liable for any expense in the replacement of the individual, or any costs incurred by the Contractor, as a result of such denial.

2. Decisions concerning granting of access to FBI facilities or property are made on a case-by-case basis. The Contractor is cautioned that individuals with criminal histories such as arrest records, felony convictions, misdemeanor convictions, or those addicted to, or abusive of, alcohol or chemicals, are likely to be denied access to the building or job-site. The exact nature, extent, and time passed since these incidents existed will influence all access decisions.

3. Be advised illegal or undocumented aliens may be referred to other cognizant law enforcement agencies for appropriate action.

4. Individuals initially permitted access may be excluded at a later date upon discovery of disqualifying factors resulting from detailed verification of submitted Security Information.

5. Falsification of the forms or violation of the facility security, safety, or code-of conduct requirements will result in access to FBI Facility being denied.

6. Willfully making a false statement or concealing a material fact could constitute a violation of United States Code, Title 18, Section 1001.

7. The CSR shall notify the Government of visitors and deliveries to the site at least 24 hours prior to their arrival.

G. Escorts: No uncleared persons will be allowed temporary access to the FBI space, unless they area escorted by FBI Personnel; and, without first obtaining permission from the FBI

Security Officer.

F. Right to Revoke Access: The FBI reserves the right to revoke access to its facilities or property of any individual, where such access is no longer clearly consistent with the FBI's mission and responsibilities, and the Contractor agrees to immediately remove that individual from the jobsite in such circumstances. In cases of access revocation, the FBI will inform the individual of the basis of the revocation, unless to do so would reveal classified or sensitive information, and give the individual an opportunity to explain, rebut, or refute such basis in writing. Access will remain revoked pending prompt review of any such submission by the individual.

1. The FBI shall have and exercise full and complete control over granting, denying, withholding, or terminating access for contract individuals.

G. Access Badges: Appropriate badges will be furnished by the FBI authorizing escorted or unescorted access to the FBI facilities and property. The badge shall be worn at all times on the upper part of the body so as to be clearly visible; and will be returned to the FBI whenever the individual is no longer employed on the project or leaves the site for more than 14 days.

H. Claims: The Government shall not be liable for any costs incurred by the Contractor, any subcontractor, or any contract employee, in the furnishing of required security information, or in complying with the FBI's security requirements during the entire term of the contract. The

Contractor agrees that no claim may be filed for Delay of Work due to any contractor, his subcontractors, or any employees thereof, failing to comply with the FBI's security requirements.

1. The FBI reserves the right to exclude or remove from the facility any contract employee that the FBI deems incompetent, careless, insubordinate, or who fails to meet and obey security requirements; or, whose access to the facility is deemed by the FBI to be contrary to the best interest of the FBI.

2. General Contractor cannot seek additional compensation if they are required to seek alternative subcontractor pricing due to subcontractor’s non-compliance of the security requirements and refusal by the FBI to allow the subcontractor access to the facility.

I. Normal Working Hours: The FBI facility will be open to the contractor personnel between

6:00 a.m. and 6:00 p.m., Monday through Friday, excepting legal Federal holidays.

J. Overtime: Work on weekends or outside of Normal Working Hours will occur only when the

Contracting Officer so approves. Requests for overtime and for access to the site outside of

Normal Working Hours shall be made in writing to the Contracting Officer not less than 48 hours in advance of need, i.e. Wednesday to work Saturday.

K. Photographs: No photographs shall be taken by other than Government personnel. The

Contractor is hereby advised that no photographs shall be taken by the Contractor of the job site or work in progress. The Contractor shall ensure this clause is incorporated in any agreements reached with any subcontractor, consultants, agents, or representatives employed by the

Contractor in contract performance or otherwise.

L. Any person who knowing, willfully, of negligently discloses any FBI Information (to include but not limited to data, systems configurations, facilities, personnel, and procedures) to unauthorized persons without prior written FBI approval shall be subject to the appropriate penalties and sanctions under law ( i.e., Privacy Act, Computer Fraud and Abuse Act, National

Security Act, or appropriate espionage statutes).

H.25.1 COMPANY THREAT ASSESSMENT

All entities referenced in a proposal (Offeror, A/E Team, construction firm, and all subcontractors) will be subject to a Company Threat Assessment (CTA) by the FBI to screen for potential Supply Chain Risk Management issues. If the Contractor or any of its team members are owned or controlled by a foreign person or entity, either in whole or in part, such foreign ownership, control, or influence must be fully disclosed, and the Government may require additional information. The Government reserves the right to restrict participation by any foreign-owned entity or require mitigation of foreign control.

H.26 PUBLIC-RELEASE OF CONTRACT DOCUMENTS REQUIREMENT

The contractor agrees to submit, within 10 workdays from the date of the CO’s execution of the initial contract, or any modification to the contract (exclusive of Saturdays, Sundays, and Federal holidays), a .pdf file of the fully executed document with all proposed necessary redactions, including redactions of any trade secrets or any commercial or financial information that it believes to be privileged or confidential business information, for the purpose of public disclosure at the sole discretion of FBI/FD/PS/FCU. The contractor agrees to provide a detailed written statement specifying the basis for each of its proposed redactions, including the applicable exemption under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and, in the case of FOIA Exemption 4, 5 U.S.C. § 552(b)(4), shall demonstrate why the information is considered to be a trade secret or commercial or financial information that is privileged or confidential. Information provided by the contractor in response to the contract requirement may itself be subject to disclosure under the FOIA. FBI will carefully consider all of the contractor’s proposed redactions and associated grounds for nondisclosure prior to making a final determination as to what information in such executed documents may be properly withheld.

H.27 USE OF CONTRACTOR SUPPORT/ADVISORY PERSONNEL

The contractor’s attention is directed to the fact that FBI contracts for various IT, business, acquisition, technical, and staff support services, some of which require support contractor access to proprietary information submitted by other contractors during administration of this contract. Execution of this contract constitutes approval to release the contract, contractor proposals, other contractor information, or proprietary data obtained during contract administration to Government support contractors who require access and have signed Non-

Disclosure and Rules of Conduct/Conflict of Interest Statements. List of contractor support/advisory personnel involved in the source selection:

Solerity

11600 Sunrise Valley Drive, Suite 210

Reston, VA 20191

Acquisition Experts, LLC

2025 E. Main Street

Richmond, VA 23223

Hive Group

23003 Homestead Landing Ct.

Ashburn, VA 20148

Gordian

30 Patewood Drive, Suite 350

Greenville, SC 29615

H.28 CONSENT FOR WARRANTLESS SEARCHES OF DEPARTMENT OF JUSTICE

WORKPLACES

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.