Atch 1 - Survey SOW.pdf

Land Surveying Services

FEDERAL BUREAU OF INVESTIGATION

Request for Proposal

Redstone Arsenal, AL

RFQ - 15F06720Q0000009

TABLE OF CONTENTS

1.0 General Description

2.0 Type of Agreement

3.0 Scope

4.0 Task Requirements

4.1 Scope of Services

4.1 Task Order Supervision

4.2 Quality Control

4.3 Contractor Equipment

5.0 Deliverables

5.1 Place of Performance

6.0 Period of Performance (POP)

7.0 Contract Administration Data

7.1 Contract Administration

7.2 Technical Point of Contact

7.3 Invoice Procedures

SECTION II: SPECIAL FBI SPECIFIC REQUIREMENTS

A. SPECIAL REQUIREMENTS

(1) Security Requirements

(2) Access to Federal Bureau of Investigation (FBI) Locations

(3) Non U. S. Citizens

(4) Department of Justice (DOJ) Residency Requirement

(5) Confidentiality of Data

(6) Disclosure of Data under the Freedom of Information Act (FOIA)

(7) Safeguarding of Information and Materials

(8) Release of Information by Contractor Personnel

(9) Organizational Conflicts of Interest

(10) Notice to the Government of Delays

(11) Subcontracting Restriction

(12) Drug Free Workplace

(13) Continuing Contract Performance during a Pandemic Influenza or Other

National Emergency

(14) Contractor Certification of Compliance with Federal Tax Requirements

(15) Duplication of Efforts

(16) United Financial Management System (UFMS) Notice

(17) Contractor Performance Evaluations

SECTION I – DESCRIPTION/SPECIFICATION/WORK STATEMENT

1.0 General Description

The FBI requires the services of Land Surveying firms to perform the disciplines described in the scope of work. The intent of the contract will be to obtain land surveying services as identified in each individual Task Orders. Contractor will be required to furnish all labor, materials (except those items identified as being government furnished), transportation, equipment, tools, operating supplies, and incidentals to complete the work as specified. All work shall be performed by, or under the direct supervision of a person licensed to practice surveying in the state of Alabama. The contract period will be a base year with four option year periods.

2.0 Type of Agreement

The FBI announces its intention to establish a Indefinite Delivery Indefinite Quantity Contract (IDIQ) for professional Architect-Engineer (A-E) land surveying services in accordance with the provisions set-forth by the Brooks A-E Act as implemented in Subpart 36.6 of the Federal Acquisition Regulation (FAR). This IDIQ will be open for all small business concerns classified under NAICS Code 541370 - Surveying and Mapping (except Geophysical) Services and those who operate within a 30-mile radius of Redstone Arsenal, AL. This IDIQ will be awarded with a base year plus four (4) one (1) year option periods.

3.0 Scope

The vendor shall provide all personnel, supervision, equipment, and transportation necessary to perform services described herein.

4.0 Task Requirements

4.1 Scope of Services

The work and services may consist of any combination of all phases of surveying and mapping, including but not limited to field surveying, and geodetic surveys. The work and services may include photogrammetric mapping, precise leveling, total station mapping, and boundary surveys, using conventional survey techniques and differential Global Positioning System (GPS). Cutting edge technologies and methods will be considered. The work and services will be prepared in English units (U.S. Survey Foot) and referenced to the State Plane Coordinate System or Universal

Transverse Mercator (UTM) coordinate grid system. Drawings and reports must be submitted in hard copy report format, MicroStation design file (DGN) format, Inroads surface file (DTM) format, ArcGIS file format (surface file TIN format) and AutoCAD (DWG) format. The firm selected for this contract will be expected to submit a quality control/quality assurance plan and to adhere to it during the work and services required under the contract. Surveys may be required to meet ASPRS standards, National Map Accuracy standards, and the Corps of Engineers Technical and Engineering manuals pertaining to survey and mapping. In Section H of the SF 330 describe the firm's Design Quality Control Plan (DQCP), including Design Quality Assurance Plan (DQAP) of subcontractor(s) work. The plan must be prepared and approved by the Government, as a condition of contract award, but is not required with this submission.

Surveys may include:

• Horizontal and vertical site control analysis Topographic surveys

• Cross-section and profile survey Location and as-built surveys

• Record plat and easement plat preparation

• Construction layout and cut sheet preparation

• Preparation of Plats of Revision for easements

• Digital terrain modeling

• Aerial mapping

• Right-of-way acquisition

• Construction surveying Subdivision plats

• Plan and profile surveys Provide legal boundary surveys.

• Provide construction staking

• Provide legal descriptions of any right-of-way or easements

Carrying out benchmark (GTS / any other reference benchmark approved by the engineer-in-charge) to site/sites under survey by parallel levelling, establishing and constructing benchmark, grid and reference pillars in the field. Spot level survey of the entire area/areas at specified intervals and development of contours. Furnish all field data and drawings on CD apart from hard copies. Furnish survey report is also included in the scope of work.

4.1 Task Order Supervision

The work at site shall be carried out under the full-time supervision by a qualified engineer or a senior surveyor. The engineer or senior surveyor shall be responsible for and capable of coordinating the work of the surveying teams, setting out the work accurately, identifying immediately and positively the type of instruments to be deployed and the methodology of surveying to achieve speed and accuracy in the work and shall be fully conversant with the theory and techniques of traversing, triangulation, spot levelling survey work etc. covered by this contract.

4.2 Quality Control

The Contractor shall provide a Quality Control Plan that describes the procedures incorporated into the work to assure and control the quality. This Plan shall be submitted within 14 days of contract award.

4.3 Contractor Equipment

The selected firms will use their own equipment, materials, supplies, accessories, office space, etc.

to perform the required work.

5.0 Deliverables

Contractor shall submit all data pertaining to the survey in original to the Contracting Officer’s Representative (COR). All field data shall be submitted to the COR from time to time as per progress of the work.

Three copies of draft report shall be submitted on the completion of the field work for review and approval of the Project Manager. The report should give the introduction of the site, methodology adopted for surveying the areas, calculation of errors, transfer of bench mark and any other calculation required for surveying and preparation of the survey maps.

All survey data shall be furnished in Read Only compact disc (CD-R) labeled as “Survey Data” along with PID, Location/Limit and Consultant Name.

All submittals of survey drawings must be in a surface projection, with any scale factor used clearly identified in the general notes for each drawing.

The survey report should also cover the following. - General site observation such as location of access roads, etc. - Existing drainage pattern of the site, possibility of water logging and high flood level of the area. Final survey report shall be submitted in 6 copies of standard A4 size sheets properly bound and printed using good quality paper and material.

5.1 Place of Performance

All work will be primarily accomplished on FBI job sites located on Redstone Arsenal, AL. The proposer should be aware of and able to complete the requirements necessary to gain access to the Redstone Arsenal.

Details about accessing Redstone Arsenal can be found at the website below:

https://home.army.mil/redstone/index.php/redstone-index-php/about/visitor-information https://home.army.mil/redstone/index.php/redstone-index-php/about/visitor-information

6.0 Period of Performance (POP)

The period of performance for this IDIQ is a base year plus (4) one-year option periods from award date.

Estimated POP Base Year: February 2020 – February 2021 Option I: February 2021 – February 2022 Option II: February 2022 – February 2023 Option III: February 2023 – February 2024 Option IV: February 2024 – February 2025

(The actual period of performance dates and number of days may be revised depending on the date the IDIQ is awarded for each year of the contract.)

7.0 Contract Administration Data

7.1 Contract Administration

This IDIQ will be administered by:

Brian McCormick Contracting Officer Federal Bureau of Investigation Facilities Acquisition Unit (FAU) bwmccormick@fbi.gov

Written communication shall be emailed to the above address unless otherwise instructed.

7.2 Technical Point of Contact

The performance of work required herein may be subject to the technical direction of the cognizant TPOC or his/her designee with respect to technical matters. As used herein, "Technical Direction" is direction to the Contractor which fills in details, suggests possible lines of inquiry, or otherwise clarifies the scope of work. "Technical Direction" must be confined to the general scope of work set forth herein and shall not constitute a new assignment, nor supersede or modify any other Clause of this Order. To be valid, technical direction:

a. Must be issued in writing consistent with the general scope of work set forth in the IDIQ;

b. Shall not change the expressed terms, conditions, or specifications incorporated into this IDIQ Contract, and

c. Shall not constitute a basis for extension to the IDIQ delivery schedule or IDIQ price.

(1) The TPOC is the primary representative of the Contracting Officer authorized to provide technical direction on Task Order performance.

(2) Individuals other than the TPOC may be authorized to provide technical direction. If individuals other than the TPOC are authorized to provide technical direction, their names will be specified in the Task Order.

Another technical representative is authorized to provide technical direction, subject to the limitation set forth below, only on his/her project.

d. Technical direction includes:

(1) Direction to the contractor which assists the contractor in accomplishing the Statement of Work.

(2) Consultation regarding reports or other deliverables

(3) Technical direction must be within the scope of the IDIQ Contract. The

TPOC or any other technical representative does not have the authority to issue technical direction which:

(a) Institutes additional work outside the scope of the Task Order;

(b) Constitutes a change as defined in the changes clause;

(c) Causes an increase or decrease in the estimated cost of the Task

Order;

(d) Alters the period of performance; or

(e) Changes any of the other express terms or conditions of the Task

Order.

The following individuals are hereby designated as TPOC(s) for this effort:

(TBD upon award) Federal Bureau of Investigation Redstone Arsenal, AL Telephone: XXX-XXX-XXXX E-Mail: XXXXXXXX.XXX@fbi.gov

7.3 Invoice Procedures

The contractor shall email the invoice Central_Invoices@fbi.gov and simultaneously email the invoice and monthly report to:

Contracting Officer Contact email: bwmccormick@fbi.gov

Redstone Program Management Team: (TBD upon award)

9.3.1 Invoice Requirements

In order for the invoice to be considered valid for payment, it must contain the following information:

• Purchase Order Number mailto:Central_Invoices@fbi.gov

• Invoice Date/Number

• Contractor Name/Address/Phone

• Billing Period, Number of Billable Days and Daily Rate

• Total Billed Amount

END OF SECTION I

SECTION II: SPECIAL FBI SPECIFIC REQUIREMENTS

A. SPECIAL REQUIREMENTS

(1) Security Requirements

The FBI shall have complete control over granting, denying, withholding or termination access for contractor individuals. The Government shall not be liable for any costs incurred by the Contractor, any subcontractor, or any employee, in the furnishing of required security information, or in complying with the FBI's security requirements during the entire term of the IDIQ.

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

The FBI reserves the right to exclude or remove from the facility any Contractor 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) Access to Federal Bureau of Investigation (FBI) Locations

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 a "Questionnaire for Non-Sensitive Positions" (SF 85), a “Sensitive Information Non-disclosure Agreement” (FD 857), a "Privacy Act of 1974 Acknowledgment Form" (FD 484) and two Fingerprint Cards (FD 258). Completed forms are to be provided to the assigned Contracting Officer’s Representative (COR) at least ten (10) business 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 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 the Chief Security Officer - the contact COR will provide the contact information 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:

Federal Bureau of Investigation ATTN: Chief Security Officer 4943 Fowler Rd Redstone Arsenal, AL

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.

The FBI reserves the right to reinvestigate individuals on a periodic basis or where facts or information indicates that continued access may no longer be clearly consistent with the FBI’s mission. Should the contractor receive information regarding one of their employees which may affect the access of an employee to an FBI facility, e.g., knowledge of arrest, felony conviction, misdemeanor conviction, use of or addiction to drugs and or chemicals, abuse of alcohol, indebtedness, or any behavior, activities, or associations which tend to show that the individual is not reliable or trustworthy, the contractor shall advise the FBI’s Contracting Officer's Security Representative immediately, See H.4.

All contractor personnel working on this IDIQ may be required, at the Government’s discretion, to undergo counterintelligence focused polygraph examinations. The polygraph examinations may be prior to acceptance or at any time during the performance of the IDIQ, and without notice.

(3) Non U. S. Citizens

The Department of Justice (DOJ), Federal Bureau of Investigation (FBI) will no longer permit the use of Non-US citizens in the performance of any contract or commitment for any position that involves access to or development of any FBI Information Technology (IT) system. By signing the contract or commitment document, the contractor agrees to this restriction with respect to all new employees utilized directly to perform duties on the contract. Information technology (IT) means any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency. The term "information technology" includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

(4) Department of Justice (DOJ) Residency Requirement

The DOJ Residency Requirement is amended to apply to all DOJ contractors employed within the United States, both U. S. citizens and non U.S. Citizens. As a result of the events of September 11th and the enhanced security posture within the DOJ a determination has been made to apply to all contractors.

The residency requirement states that, for three of the five years immediately prior to applying for a position, the individual must have 1) resided in the US; 2) worked for the US overseas in a Federal or military capacity; or 3) be a depended of a Federal or military employee serving overseas.

This requirement can be waived for short-term contractors (those performing duties for a cumulative of 14 days or less), if there is a critical need for their specialized and unique skills. These individuals must be a US citizen or Permanent Resident Aliens. A waiver request from the Head of the Component outlining the extenuating circumstances along with the requisite contractor clearances security package should be submitted for approval to the Security Officer listed in H.2 above.

Additionally, any individual whether employee or contractor, who is not a US citizen must be from a country allied with the US. For updated information go to www.opm /gov/employ /html /citizen.htm.

(5) Confidentiality of Data

Duplication or disclosure of the data and other information, to which the Contractor may have access as a result of this contract, is prohibited by Public Law. It is understood that throughout performance of this contract, the Contractor may have access to data which is the sole property of the FBI as well as access to proprietary data which is the sole property of other than the contracting parties. The Contractor hereby agrees to maintain 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 interpretations thereof, or data derivative therefore, to unauthorized 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.

(6) Disclosure of Data under the Freedom of Information Act (FOIA)

If a request for information contained in a quote is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a quote that results in an IDIQ award to the extend provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the instructions to the offeror. 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 submittal of a quote an opportunity to object to disclosure.

(7) Safeguarding of Information and Materials

The Contractor is generally prohibited to publish, disclose, or disseminate, in any form to any person, natural or artificial, findings, recommendations, work products, or any other information relating to its services with the FBI. The Contractor shall not duplicate or disclose in any manner, for any purpose whatsoever, or have or permit others to do so, any documentation or other data developed and/or obtained by the Contractor under this contract.

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person or entity any information known to them by reason of their performance of service under this contract which has not been made public, except in the course of their duties or by written authorization of the Contracting Officer. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance, film, or photographs concerning any aspect of the contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer and the FBI’s Office of Public Affairs (OPA). These obligations do not cease upon the termination of this contract. Contractor shall include the substance of this provision and all provisions in the RFQ to all Contracts for employment and all subcontracts.

(8) Release of Information by Contractor Personnel

The FBI specifically requires that Contractors shall not divulge, publish, or disclose information or produce material acquired as or derived from the performance of their duties.

For purposes of this Clause, "Information" shall include but not be limited to: any media or all media including on the web or web sites; publications, studies, books, theses, photographs, films or public announcements, press releases describing any part of the subject matter of this contract or any phase of any program hereunder, except to the extent such is:

(i) already known to the Contractor prior to the commencement of the contract; and

(ii) required by law, regulation, subpoena or government or judicial order to be disclosed, including the Freedom of Information Act.

No release of information shall be made without the prior written consent of the Office of Public Affairs and the Contracting Officer. The contractor and author are warned that disclosure is not without potential consequences. The FBI will make every effort to review proposed publications in a timely manner to accommodate these and other publications.

Where appropriate, in accordance with established academic publishing practices, the FBI reserves the right to author/co-author any publication derived from this contract.

Contractor shall not use or allow to be used any aspect of this contract, including both the contractor’s relationship with the FBI and the work performed under the contract, for publicity. “Publicity” means, but is not limited to, advertising (e.g. trade magazines, newspapers, Internet, radio, television, etc.), communications with the media, marketing, or a reference for new business. It is further understood that this obligation does not expire upon completion or termination of this contract but continues indefinitely excepted as allowed by law.

No program related material, unless approved by the Contracting Officer, may leave the Government or approved Contractor facility. No program related material may be transmitted via the INTERNET or any other network that would allow individuals not associated with this to directly or indirectly access the program related material.

These obligations do not cease upon completion of this IDIQ.

(9) Organizational Conflicts of Interest

(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 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 at no cost.

(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.

(10) Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer’s Representative (COR) or Point of Contact (POC), in writing, giving pertinent details;

provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

(11) Subcontracting Restriction

Except as specifically approved in writing and, in advance by the Contracting Officer identified in "Contract Administration," the Contractor shall not subcontract any work procured hereunder, unless otherwise noted in quote submission without first coordinating with the Contracting Officer (CO) and garnering written approval from the CO and Acquisition Security Officer (ASO). It is contemplated that approval will be given for subcontracting certain phases of the work when, in the opinion of the COR and the FBI Contracting Officer, such subcontracting will not adversely affect the quality or delivery of the final product or the difficulty or cost of inspection and testing. Requests for approval to subcontract shall be submitted, in writing, to the FBI Contracting Officer. All sub-contracts shall meet all requirements as set forth for the prime.

The use of Non-U.S based subcontractor’s are not authorized due to security concerns related to employee’s vital personal information. Any requirement to outsource or subcontract requirements beyond the vendor awarded the contract, which would include their non-U.S. subsidiaries/branch locations, must be coordinated and written approval received from the Contracting Officer and Acquisition Security Officer.

(12) Drug Free Workplace

The Contractor shall take measures to prevent the introduction and utilization of illegal drugs and related paraphernalia into Government work areas. Specifically, the Contractor is referred to provision 52.223-6 - Drug-free Workplace.

The Contractor is responsible for the conduct of employees performing work under this contract and is responsible to assure that employees are notified of provisions relative to Drug free Workplace prior to assignment. The removal of Contractor personnel as a result of drug offenses shall not be cause for excusable delay, nor shall such action be deemed a basis for equitable adjustment to price, delivery, or the provisions of this contract.

(13) Continuing Contract Performance during a Pandemic Influenza or Other

National Emergency

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

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza, or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are:

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

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

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

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

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

Integrate pandemic health crisis response expectations into telework agreements.

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

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

Practice telework regularly to ensure effectiveness.

Make it clear that in emergency situations, employees must perform all duties assigned by management, even if that are outside usual or customary duties.

Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Procurement Policy issuance "Emergency Acquisitions", May 2007 and Subpart 18.2 Emergency Acquisition Flexibilities of the FAR.

(14) Contractor Certification of Compliance with Federal Tax Requirements

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

(15) Duplication of Efforts

The Contractor hereby certifies that costs for work to be performed under this contract and any subcontract hereunder are not duplicative of any costs charged against any other Government contract, subcontract or other Government source. The Contractor agrees to advise the Contracting Officer, in writing, of any other Government contract or subcontract it has performed or is performing which involves work directly related to the purpose of this contract. The Contractor also certifies and agrees that any and all work performed under this contract shall be directly and exclusively for the use and benefit of the Government, not incidental to any other work, pursuit, research or purpose of the Contractor, whose responsibility it will be to account for it accordingly.

(16) United Financial Management System (UFMS) Notice

The FBI is using a new financial system that has a direct interface with the System for Awards Management (SAM). Please ensure that your company’s SAM information is updated and accurate. This includes TIN, EFT, DUNS, addresses, and contact information. The EFT banking information on file in SAM will be what the FBI uses to process payment to your organization.

(17) Contractor Performance Evaluations

Past performance information is relevant information, for future source selection purposes, regarding a contractor’s actions under previously awarded contracts. Performance under this contract will be assessed, on at least an annual basis, and will focus on the following performance categories: Quality of Product or Service; Schedule; Cost Control; Business Relations; Management of Key Personnel; and Utilization of Small Business (if applicable). Input for the assessments will generally be provided by the technical office, contracting office, and any end users of the product or service.

Upon completion of an assessment, contractors will have the opportunity to review the performance assessment for 30 days and submit any comments, rebuttal statements, or additional information. The ultimate conclusion on the performance assessment is a decision of the contracting agency. Information obtained for the performance assessment may be reported electronically to the Past Performance Information Retrieval System in accordance with Federal Acquisition Regulation and agency procedures and may be used to support future award decisions.

Upon contract award, the contractor shall provide a representative that will be responsible for reviewing the performance assessment. A contractor representative must be appointed at all times for the duration of the IDIQ Contract.

END OF SECTION II