LFCSS Request for Proposal Version 4 7-29-2020.pdf

REQUEST FOR PROPOSAL (RFP)

DJF-20-0700-PR-0004105

Solicitation number: 15F06720R0000196

PROPOSAL DUE TO CO 8/6/2020 NLT 3:30 CST

Laboratory Forensic Commercial

Support Services (LFCSS)

July 29, 2020

Version 4 i

Table of Contents

SECTION A

SECTION B – SUPPLIES OR SERVICES AND PRICES / COSTS

B.1 CONTRACT TYPE

B.2. Contract Line Item Number (CLIN)

B.3. PRICING INFORMATION

B.4 CONTRACT PRICING

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 SCOPE

C.2 BACKGROUND

C.3 STATEMENT OF REQUIREMENTS

C.4 PERIOD OF PERFORMANCE

C.5 PLACE OF PERFORMANCE

C.6 DELIVERABLES

C.7 ACCEPTANCE CRITERIA

C.8 FREQUENCY/DUE DATE

C.9 PERFORMANCE EVALUATION

C.10 PERFORMANCE REQUIREMENTS

C.11. OFFEROR RESPONSIBILITIES

C.12 GOVERNMENT-FURNISHED ITEMS

C.13 OFFEROR TRAVEL

C.14 PERIOD OF TIME

SECTION D PACKAGING AND MARKING PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

E.2 CLAUSES INCORPORATED BY REFERENCE

F.1 THE TERM OF CONTRACT

F.2 DELIVERY AND PERFORMANCE SCHEDULE

F.3 NOTICE TO THE GOVERNMENT OF DELAYS

F.4 CLAUSES INCORPORATED BY REFERENCE FAR 52.252-2 (FEB 1998)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 AUTHORITIES OF GOVERNMENT PERSONNEL

G.2 Contracting Officer

G.3 INTEREST ON OVERDUE PAYMENTS

G.4 INVOICE REQUIREMENTS

ii

G.5 ADDITIONAL INVOICE AND PAYMENT PROVISIONS

G.6 PRICING OF ADJUSTMENTS

G.7 METHOD OF PAYMENT

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 KEY PERSONNEL

H.2 SECURITY

H.3 DEPARTMENT OF JUSTICE (DOJ) PROCUREMENT GUIDANCE

H.4 INSURANCE

H.5 TASK ORDERS

H.6 ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

H.7 DELIVERABLES, ALLOCATION OF INTELLECTUAL PROPERTY, AND USE OF

DATA/INFORMATION

H.8 NON-DISCLOSURE AGREEMENTS (NDA)

H.9 REPRODUCTION MATERIALS

H.10 DISSEMINATION OF INFORMATION

H.11 EQUAL EMPLOYMENT OPPORTUNITY (EEO)

Part II Contract Clauses

Contract Clauses

I. CLAUSES

I.1. CLAUSES INCORPORATED BY REFERENCE FAR 52.252-2 (FEB 1998)

I..2 CLAUSES INCORPORATED BY FULL TEXT

I.3 ADVERTISING OF AWARD

Part III –

SECTION J LIST OF DOCUMENTS, EXTRACTS, AND OTHER ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K

SECTION L –INSTRUCTIONS CONDITIONS AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 SPECIAL NOTICE TO OFFERORS

L.2 CONFIDENTIAL INFORMATION

L.3 GENERAL

L.4 PROPOSAL VOLUME REQUIREMENTS

L.4.1 FORMAT AND INSTRUCTIONS FOR PROPOSALS

L.5 CONTRACT FORMAT

L.5.1 VOLUME I – STANDARD FORM OF CONTRACT

iii

L.5.2 Volume II – Technical Response to Requirements

L.5.3 Volume III –Price Volume

L.5.4 Volume IV Past Performance

L.6 ATTACHMENTS

L.7 AMENDMENTS TO PROPOSAL

L.8 THE CONTRACT

L.9 INSTRUCTIONS TO OFFERORS

L.10 OFFEROR RESPONSIBILITIES

L.11 INCURRING COSTS

L.12 RELEASE OF INFORMATION

L.13 Small Business Participation Plan

SECTION M –EVALUATION FACTORS FOR AWARD

M.1 INTRODUCTION

M.2 EVALUATION OF PROPOSALS

M.3 BASIS FOR CONTRACT AWARD

M.4 EVALUATION FACTORS AND RATING METHODOLOGY FOR AWARD

M.5 Best Value

M.6 Tradeoff process

M.7 IDIQ Award Process

M.8 EVALUATION FACTORS AND SUB-FACTORS

Attachments

A Sample Task Orders Requirements

B Position Descriptions

C Unit Designations and Mission

D Deliverables

E Labor Categories Pricing Table (Fixed price fully burdened)

F Past Performance Questionnaire

G Task Order pricing (five (5) year period)

Part I

SECTION A

A.1 SF 33

A.1

SECTION B – SUPPLIES OR SERVICES AND PRICES / COSTS

B.1 Contract Type

B.2 Contract Line Item Number

B.3. Pricing Information

B.4 Contract Pricing

B.1 CONTRACT TYPE

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The intent of this procurement is to award an Indefinite Delivery, Indefinite Quantity (IDIQ) contract in accordance with FAR Part 12/ 15/ 16.5 to a single Prime

Contractor, (Single Award). Multiple task orders (TO) may be issued under this requirement

Fixed Price or T&M basis. The goal is to issue primarily fixed price task orders when possible.

This requirement is for purchasing commercial labor for forensic support and services over a minimum of a (5) five-year period. If all options are exercised there could be task orders active for up to ten (10) years in duration.

The type of a task order (FFP or T&M) will be identified in each task order RFQ.

The task order RFQ will additionally identify the required labor category / position(s).

Offeror should plan on all position/labor requirements will be for a full time equivalent (FTE) of

1,880 work hours.

The Government reserves the right to issue a task order RFQ for part-time positions if it is in the best interest of the Government.

The Offeror will be required to propose fixed labor rates fully burdened, at the contract level

(Attachment E), for each geographical place of performance, Quantico, VA and Huntsville, AL broken down by each period of performance.

Task Order Pricing

See Attachment A for specific Quotes to be provided on the identified task orders one (1) through twelve (12).

Provide Price for TO 001 (defined Labor Types and quantity)

Provide Price for TO 002 (defined Labor Types and quantity)

Provide Price for TO 003 (defined Labor Types and quantity)

Provide Price for TO 004 (defined Labor Types and quantity)

Provide Price for TO 005 (defined Labor Types and quantity)

Provide Price for TO 006 (defined Labor Types and quantity) https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1112616

Provide Price for TO 007 (defined Labor Types and quantity)

Provide Price for TO 008 (defined Labor Types and quantity)

Provide Price for TO 009 (defined Labor Types and quantity)

Provide Price for TO 010 (defined Labor Types and quantity)

Provide Price for TO 011 (defined Labor Types and quantity)

Provide Price for TO 012 (defined Labor Types and quantity)

Note: TOs are in attachment A and separate listed RFQs as part of Section J of this RFP

B.2. Contract Line Item Number (CLIN)

CLIN 0001: Labor Categories/Positions

See attachment B for the labor categories.

See attachment C for labor descriptions and qualifications.

CLIN 0002: Travel

National and International, if required.

Travel is to be identified as direct costs (Cost Reimbursable), plus G&A, if offeror proposes to charge a percentage.

Travel will be reimbursed at actual cost in accordance with the limitations set forth in FAR

31.205-46. Profit shall not be applied to travel costs. Offeror may apply indirect costs to travel in accordance with the Offeror’s usual accounting practices consistent with FAR 31.2. Indirect costs will be incorporated into the pricing. Total pricing will be evaluated for contract award.

Travel shall be reimbursed according to the Federal Travel Regulations. All offers will submit a total cost for travel of $6,500.00 per period of performance Base and four option periods of the contract and for the last task order issued can be for a six-year period base year plus five years

$6,500.00 (total of $39,000.00).

CLIN 0003: Commercial Off the Shelf (COTS) and Other Direct Charges (ODC)

Hardware, Firmware, and Software (COTS pricing will be identified at the time of releasing a

TO RFQ).

Other Direct Costs, Miscellaneous (Cost Reimbursable) may include G&A, if the offeror proposes to charge a percentage amount at the IDIQ level. This will be identified in the pricing volume III.

B.3. PRICING INFORMATION

The pricing tables are intended to establish a pricing pool for future TOs Attachment E.

Offeror will need to include in their proposal, completed pricing tables (provided as attachment

E of this RFP). Pricing shall be submitted in the Price Volume III.

B.4 CONTRACT PRICING

The Offeror shall provide detailed pricing (see Attachment E, located in Section J), which will fully define the cost for each position at each geographical location. All labor will be performed at a Government facility.

LABOR RATES: CLIN 0001

The cost for each labor category/position Attachment G, shall be reflected separately for each geographical location:

a). Quantico, VA (50-mile radius) b). Huntsville , AL (50-mile radius)

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 SCOPE

C.2 BACKGROUND

C.3 STATEMENT OF REQUIREMENTS

C.4 PERIOD OF PERFORMANCE

C.5 PLACE OF PERFORMANCE

C.6 DELIVERABLES

C.7 ACCEPTANCE CRITERIA

C.8 FREQUENCY/DUE DATE

C.9 PERFORMANCE EVALUATION

C.10 PERFORMANCE REQUIREMENTS

C.11 OFFEROR RESPONSIBILITIES

C.12 GOVERNMENT-FURNISHED ITEMS

C.13 OFFEROR TRAVEL

C.14 PERIOD OF TIME

C.1 SCOPE

The scope of this RFP covers all defined labor categories for commercial forensic support and services. The services and support shall satisfy both known current labor requirements as well as those which may emerge during the life cycle of this requirement.

C.2 BACKGROUND

Originally, evidence submissions were examined and analyzed only by FBI Laboratory

Examiners. However, due to the large number of submissions. FBI staff was unable to process all submissions for national security and criminal cases in a timely manner. To mitigate this situation; beginning in 2005, the FBI used an existing Interagency Agreement with the

Department of Energy (DoE) that supported the Critical Incident Response Group's Render Safe

Mission, to acquire forensic, intelligence, and mission support services from the Oak Ridge

Associated Universities (ORAU). These services were obtained under the DoE Work-for-Others

Program. ORAU services have been funded primarily by the Joint Improvised Explosive Device

Defeat Organization (JIEDDO), with limited contribution of funding by the FBI. The DOE-

ORAU Base Period was from 1 April 2006 through 31 March 2011.

Under the DoE Work-for-Other Programs, the FBI must certify that the services provided do not compete with the private sector. With respect to ORAU services provided in support of the FBI

Laboratory, such as certifications that can no longer be made. For example, the FBI Laboratory acquires biologists from commercial sources to support its DNA program; TEDAC acquired biologists from ORAU to support TEDAC. Similarly, TEDAC acquired latent fingerprint examiners and technicians from commercial sources to process latent prints at an off-site location; TEDAC also acquired latent fingerprint examiners and technicians from ORAU to process latent prints at the FBI Laboratory facility. As a result, the FBI can no longer certify that services acquired under the Work–for-Others Program does no compete with the private sectors.

As a follow-on to the previous ORAU procurement a contract was awarded to a commercial contractor BODE. The current BODE task order extension will expire 14 September 2020.

TEDAC and the Laboratory Division are pursuing a new procurement (IDIQ contract) to provide forensic services. Specifically, requirements for forensic services in all disciplines, to include for latent fingerprints.

C.3 STATEMENT OF REQUIREMENTS

The purpose of this solicitation is to allow all organizations subordinate to the FBI Laboratory to acquire commercial forensic labor.

The augmentation of commercial labor will enable the FBI Laboratory Division to process and examine forensic materials submitted to the respective units which are physically located in

Quantico, Virginia and Huntsville, Alabama. The scope of required forensic services includes the initial in-processing of forensic submissions, evidence control and management, trace evidence examinations, tool mark examinations, nuclear and mitochondrial DNA examinations, and chemistry examinations required to support the laboratory organizations.

These services must be performed within Twenty-four (24) hours from when received, and on a steady basis in accordance with established FBI Laboratory and TEDAC policies and procedures. Further, the services must allow the FBI Laboratory Division to be able to execute its executive agent role in support of the Department of Justice in terms of forensic examination and evidence handling.

Number of examinations: The major driver of this requirement is the collection, preservation, and examination of evidence that aids in the identification of individuals who might be attempting to harm the interests of the U.S. Just as the number of items is variable, the number of examinations is also unknown.

Typically, examinations are performed in multiple forensic disciplines, depending on the nature of the items being submitted. These disciplines range from latent prints to trace evidence (hairs, fibers, etc.), from tool marks to chemistry, and from nuclear DNA to mitochondria DNA. Each of the forensic disciplines employs a variety of potential processes and techniques to analyze evidence; the processes and techniques depend upon the nature and condition of the evidence being submitted. Forensic examination plans are also influenced by the complexity of the devices and evidence submitted; for example, more rudimentary pressure-plate type devices versus remotely controlled devices activated by infrared or cellular phones. These variables make it difficult to determine an exact and accurate articulation of the scope.

The Offerors will be potentially working with secret level work. They will need access to

FBINET, UNET, and LABNET enclaves. Specifically, they will be needing use of Sentinel, Forensic Advantage, and EXPERT software databases. Due to the secret level of work required, a DD-254 will be required and forthcoming upon contract award.

C.4 PERIOD OF PERFORMANCE

The IDIQ contract potentially allows task orders to be issued within the 5 -year ordering period, if all option periods are exercised, which is comprised of a base period of twelve (12) months, followed by four (4) 12-month option periods.

Task order performance can potentially be active for ten (10) years if a five-year task is issued just prior to the contract expiring.

C.5 PLACE OF PERFORMANCE

Place of performance will be primarily at a Government facility. Place of performance will be identified in the TO RFQ.

C.6 DELIVERABLES

The Offeror shall provide all documents or written content deliverables in electronic format via

SharePoint, and via email and conform to the Government's computer file standards. All embedded artifacts to include but not limited to native diagrams, etc. and utilize Microsoft Office products in alignment with the MS Office version 2013 or more current versions will be identified upon contract award. Versions of MS software may be changed during the life cycle of this requirement. Any deliverables to be submitted in alternative formats will be identified in writing to the Contracting Officer's Representative (COR) and require prior approval of the

COR. The Government reserves the right to request delivery or redelivery of Office-based deliverables as .PDF files.

All deliverables shall be organized and free of major spelling and grammatical errors. All deliverables shall be placed under the Offeror’s CM and Version Control system. Deliverables shall be individually dated, include the name of the composer, the signature of the composer's supervisor and delivered with the Offeror’s proof of being virus free.

Copies of deliverables shall be submitted to the COR, and copies to the program manager and the Contracting Officer (CO). All items developed and delivered shall become the property of the Government.

All deliveries less than 30 MB in size are required via electronic means (SharePoint); otherwise, the delivery shall be made using optical or magnetic media (CD/DVD or external USB hard drive). Where it is determined to be in the best interest of the Government, possible, electronic means shall include the capability to batch multiple deliverables. The Offeror shall provide an adequate data integrity and validation solution (e.g. one-way hash) to ensure a robust, accurate and transparent process that minimizes data errors and ensures the integrity and accuracy of all deliverables. The Offeror will provide a written statement to the COR in advance for approval.

When delivery is not available electronically, via optical or magnetic media, the Offeror shall inform the COR in writing immediately.

The Government desires there be no need for the Offeror to do rework on their deliverables. If rework is required, there will be only one rework cycle to accommodate for an individual deliverable. Deliverables requiring more than one (1) rework cycle shall impact the Offeror’s performance rating for that rating period. Definition of rework: Once the Offeror has made a deliverable and the Government finds errors in the deliverable, it is returned to the Offeror for rework. The Offeror submits the deliverable for a second receipt and a first acceptance process.

If the second deliverable still needs rework, the performance rating for the Offeror may be in jeopardy of being favorable.

In addition to the deliverables identified, future deliverables may be identified in future tasks and/or option years. In addition to the deliverables identified in Attachment D, a future TO may identify other specific deliverables required to meet the requirement. If periodicity is not defined, it is as required or negotiated between the Offeror and the LFCSS CO/COR. The Offeror shall produce all deliverables as defined within this IDIQ.

Monthly Status Report(s) (MSRs) shall be delivered both orally (at PMRs) and in writing. Note that the organization, content, and format may change with time, as mutually agreed upon by the

Offeror and the COR.

All deliverables shall be organized and free of major spelling and grammatical errors. All deliverables shall be placed under the Offeror’s CM and Version Control system. Deliverables shall be individually dated, include the name of the composer, the signature of the composer's supervisor and delivered with the Offeror’s proof of being virus free.

C.7 ACCEPTANCE CRITERIA

All deliverables shall be error free (content accuracy, spelling, grammar, etc.) All substantive comments must be corrected in the first review/comment cycle (rework). Documentation submitted with errors may be returned with no action on the Government’s part. The quality of the product will be the responsibility of the Offeror and not the Government’s.

C.8 FREQUENCY/DUE DATE

Monthly Status Reports shall be submitted monthly, to be delivered no later than ten (10) business days after the end of the preceding month. PMR material shall be provided at least two

(2) business days prior to the scheduled PMR to the COR and PM. All other deliverables shall be submitted as directed in an individual TO schedule.

C.9 PERFORMANCE EVALUATION

The Contracting Officer’s Representative (COR) will be monitoring the Offeror on a routine basis. The Government will submit past performance reviews annually for each subsequent contract period into Offeror Performance Assessment Reporting System (CPARS). CPARS is a system by which past performance reports are created, reviewed and approved for submission to

Past Performance Information Retrieval System (PPIRS) in accordance with subpart 42.15 of the

FAR. Past performance will rate the following factors as they apply to contract requirements:

quality of work and deliverables, overall schedule, cost, overall management, and customer support and service.

C.10 PERFORMANCE REQUIREMENTS

Performance requirements are specified in both the Statement of Requirements (RFP IDIQ

Section C) and the individual Task Order(s) identified in the appendix. The Offeror shall provide a technical solution and pricing proposal for each Task Order RFQ. The specific requirements of an individual activity under a Task Order will determine what the Offeror is to provide as deliverables and services, at the Government’s sites FBI Laboratory, Quantico, VA and Huntsville, AL.

C.11. OFFEROR RESPONSIBILITIES

The Offeror shall provide:

• The necessary qualified labor categories to perform the work identified under each task order.

• Staffing plan that demonstrates the ability to fill personnel vacancies within 21 calendar days from the position becoming vacant. Once a position identified in the Offeror’s proposal is for a fixed price task order becomes vacant, it shall be filled within 21 calendar days or the Offeror shall provide a reduction of cost (labor cost for that position, from 21st day until filled) on the first invoice following the maximum vacancy period.

• Obtain all necessary licenses and/or permits required to perform this work. The Offeror shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this requirement. The Offeror shall be responsible for any injury to their employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is a result by

Offeror’s employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the

State of task order performance. Further, it is agreed that any negligence of the

Government, its officers, agents, servants and employees, shall not be the responsibility of the Offeror hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

C.12 GOVERNMENT-FURNISHED ITEMS

The Offeror's proposal shall include a list of hardware and/or software, if needed, to complete the performance of a specific TO requirement that falls outside of the Reimbursements Time and

Material Contracts (Mar 2000) clause. The Government will either provide the Offeror with these items to complete the task in accordance with FAR Part 45 or authorize their purchase under the defined task order once a bill of material is accepted and approved by the CO.

The Offeror shall maintain an inventory of all Government-Furnished Items to include item description, manufacturers name, model number, and serial number. As required by the Federal

Acquisition Regulations (FAR) 52.245-1, the Offeror shall submit the appropriate documentation.

During the execution of the various CLINS/requirements, the Offeror will be responsible for attaching Government furnished labeling to Government owned or recently purchased equipment. When returning GFE/GFI, the Offeror shall coordinate with the COR for delivery of it to the FBI Laboratory.

C.13 OFFEROR TRAVEL

Offeror may be required to travel (domestic and possibly international) in the performance of various task order requirements. All travel shall be approved in advance, in writing and/or via email, by the Government's COR. Travel will be reimbursed in accordance with Federal Travel

Regulation. Local travel within fifty (50) miles of, the Government/FBI facility will not be reimbursed by the Government.

C.14 PERIOD OF TIME

All references to “days” are calendar days unless otherwise specified.

SECTION D PACKAGING AND MARKING PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with commercial practices and adequate to ensure acceptance by common carrier and safe arrival at destination. The Offeror shall place the contract number on or adjacent to the exterior label.

During the execution of the various CLINS/labor positions, the Offeror will be responsible for attaching Government furnished labeling (example property control numbers (F numbers)) to

Government owned or recently purchased equipment.

Labeling of all electronic media shall be in accordance with its classification level.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

E.2 CLAUSES INCORPORATED BY REFERENCE

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance of services and deliverables to be furnished hereunder shall be performed at place of performance or destination designated by the Contracting Officer's

Representative (COR) or his/her designated representative, in accordance with the clause in

Section E.2 and any other provisions specified in this IDIQ RFP. The Government reserves the right to conduct any inspection and tests it deems reasonably necessary to assure that the services/deliverables provided conform in all respects to this RFP or future RFQ specifications.

Services which upon inspection are found not to be in conformance with contractual specifications shall be promptly rejected; and notice of rejection, together with appropriate instructions, will be provided to the Offeror by the Contracting Officer.

Inspection of a deliverable will be completed by the Government within thirty (30) calendar days from delivery or completion of the services.

In the event services are of a continuing nature and this RFP prescribes periodic payments based upon increments of time rendered (e.g., hours or months of service), completion of services will be deemed to have occurred at the end of each whole or fractional month falling within the term set by the Government.

Government Payment(s) will be made in accordance with the Prompt Payment Act.

Notification of negative inspection results will be furnished within forty-five (45) days after completion of non-computer software deliveries. Notification of negative inspection results for computer software deliveries shall be furnished within fifteen (15) days after the completion of

Government Acceptance Testing by the Government.

52.246-4 Inspection of Services-Fixed-Price. Inspection of Services-Fixed-Price (Aug 1996)

Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

The Offeror shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Offeror shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

If the Government performs inspections or tests on the premises of the Offeror or a subcontractor, the Offeror shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

If any of the services do not conform to contract requirements, the Government may require the

Offeror to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the

Government may-

Require the Offeror to take necessary action to ensure that future performance conforms to contract requirements; and

Reduce the contract price to reflect the reduced value of the services performed.

If the Offeror fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

By contract or otherwise, perform the services and charge to the Offeror any cost incurred by the

Government that is directly related to the performance of such service; or

Terminate the contract for default.

(End of clause)

52.246-6 Inspection-Time-and-Material and Labor-Hour

INSPECTION-TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

Definitions. As used in this clause-

“Offeror’s managerial personnel” means any of the Offeror’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-

All or substantially all the Offeror’s business;

All or substantially all the Offeror’s operation at any one plant or separate location where the contract is being performed; or

A separate and complete major industrial operation connected with the performance of this contract.

“Materials” includes data when the contract does not include the Warranty of Data clause.

The Offeror shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Offeror shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Offeror or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Offeror or a subcontractor, the Offeror shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Offeror to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the

Payments Under Time-and-Materials clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Offeror shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)(1) If the Offeror fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

By contract or otherwise, perform the replacement or correction, charge to the Offeror any increased cost, or deduct such increased cost from any amounts paid or due under this contract;

or

Terminate this contract for default.

Failure to agree to the amount of increased cost to be charged to the Offeror shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) of this clause, the Government may at any time require the Offeror to remedy by correction or replacement, without cost to the Government, any failure by the Offeror to comply with the requirements of this contract, if the failure is due to-

Fraud, lack of good faith, or willful misconduct on the part of the Offeror’s managerial personnel; or

The conduct of one or more of the Offeror’s employees selected or retained by the Offeror after any of the Offeror’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

This clause applies in the same manner and to the same extent to correct or replacement materials or services as to materials and services originally delivered under this contract.

The Offeror has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

Unless otherwise specified in the contract, the Offeror’s obligation to correct or replace

Government-furnished property shall be governed by the clause pertaining to Government property.

(End of clause)

Alternate I (Apr 1984). If Government inspection and acceptance are to be performed at the

Offeror’s plant, paragraph (e) below may be substituted for paragraph (e) of the basic clause:

The Government shall inspect for acceptance all items (other than aircraft to be flown away, if any) to be furnished under this contract at the Offeror’s plant or plants specified in the contract, or at any other plant or plants approved for such purpose in writing by the Contracting Officer.

The Offeror shall inform the contract administration office or Contracting Officer when the work is ready for inspection. The Government reserves the right to charge to the Offeror any additional cost of Government inspection and test when items are not ready at the time for which inspection and test is requested by the Offeror.

E.2 CLAUSES INCORPORATED BY REFERENCE

Inspection of Supplies – Cost Reimbursement (March 2001)

Hire/Level Contract Quality Requirement (Feb 1999)

Certificate of Conformance (April 1984)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Term of Contract

F.2 Delivery and Performance Schedule

F.3 Notice to the Government of Delays

F.4 Clauses Incorporated by Reference

F.1 THE TERM OF CONTRACT

The term of this requirement is for one hundred and twenty (120) months if all options are exercised, a base period of 12 months, with an additional four (4) 12-month option periods and the option of another five-year task order release.

F.2 DELIVERY AND PERFORMANCE SCHEDULE

Schedule is an important aspect of this procurement. See attachment D Deliverables Table.

The Contractor shall provide all deliverables in electronic format via SharePoint, and/ email. All embedded artifacts to include but not limited to native diagrams, etc. and utilize Microsoft Office products in alignment with the MS Office version 2013 or as directed upon award in use by the

Government shall be submitted in addition to all deliverables. Any deliverables to be submitted in alternative formats will be identified in writing to the Contracting Officer's Representative

(COR) and require prior approval of the COR. The Government reserves the right to request delivery or re-delivery of Office-based deliverables as .PDF files.

All deliverables shall be organized and free of spelling and grammatical errors. All deliverables shall be placed under the Contractor’s Configuration Management (CM) and Version Control system. Deliverables shall be individually dated, include the name of the composer, the signature of the composer's supervisor and delivered with the Contractor’s proof of being virus free.

Copies of deliverables shall be submitted to the Contracting Officer Representative (COR), and the FBI's Contracting Officer (CO). The Offeror will be required to make additional distributions of the deliverables when it is identified in a future TO.

All items developed and delivered shall become the property of the FBI.

All deliveries less than 30 MB in size are required via electronic means (SharePoint); otherwise, the delivery shall be made using optical or magnetic media (CD/DVD or external USB hard drive). Where possible, electronic means shall include the capability to batch multiple deliverables. The Contractor shall provide an adequate data integrity and validation solution (e.g.

one-way hash) to ensure a robust, accurate and transparent process that minimizes data errors and ensures the integrity and accuracy of all deliverables. If delivery is not available electronically or via optical or magnetic media, the Contractor will provide a written statement to the COR in advance for approval.

One rework cycle shall be accommodated. Deliverables requiring more than one rework cycle may impact the Contractor’s performance rating.

In addition to the deliverables identified, future deliverables may be identified in future tasks and/or option years. If periodicity is not defined, it is as required or negotiated. The Contractor shall produce all deliverables as defined within this RFP and as summarized in Attachment D, the Deliverables Table

F.3 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Offeror encounters difficulty in meeting performance requirements or when he/she anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Offeror has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Offeror shall immediately notify the Contracting Officer and the COR, 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.

Failure to notify the CO and COR immediately (in writing or an official E-mail) can reflect in less than favorable in performance ratings.

F.4 CLAUSES INCORPORATED BY REFERENCE FAR 52.252-2 (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the below address:

www.acqnet.gov

(End of clause)

52.242-15 Stop-Work Order (AUG 1989) and Alt. I (APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Authorities of Government Personnel

G.2 Contracting Officer

G.3 Interest on Overdue Payments

G.4 Invoice Requirements

G.5 Additional Invoice and Payment Provisions

G.6 Pricing of Adjustments

G.7 Method of Payment

G.1 AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Offeror's responsibility for total management during the performance of this contract, the administration of this contract will require maximum coordination between the

Government and the Offeror. The following individuals will be the Government's points of contact during the performance of the contract:

G.2 Contracting Officer

All contract administration will be by Brandon Powell, Contracting Officer. All matters under the contract should be addressed to the above individual at the address shown in Block No. 8 of

Standard Form 33. (See Section A of this RFP).

Contracting Officer's Representative (COR)

A COR will be designated on the authority of the Contracting Officer to monitor all technical aspects of this contract. The types of actions within the purview of the COR’s authority are set forth below. The COR will be identified at contract award or at the ‘kick off meeting”.

The performance of work required herein shall be subject to the technical direction of the cognizant COR and appointed technical points of contact (TPOC) with respect to technical matters pertaining hereto. As used herein, "Technical Direction" is direction to the Offeror which fills in details, suggests possible lines of inquiry, or otherwise clarifies the scope of the 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 clauses. To be valid, technical direction:

Must be issued in or followed up in writing consistent with the general scope of work set forth.

Shall not change the expressed terms, conditions, or specifications incorporated.

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

The COR is authorized to:

Act as liaison and to coordinate Offeror/ Government activities.

Arrange for and coordinate the use of Government resources (personnel, space, documents, etc.).

Provide technical guidance in the performance.

Receive, review, and approve (but not reject or deny) progress reports, selected invoices, and final reports or other functions of a technical nature.

The authority to reject performance and deny associated invoices is expressly reserved for the

Contracting Officer.

The COR does not have the authority to alter the Offeror's obligations, direct changes that fall within the purview of the clause entitled "Changes," and/or modify any of the expressed terms, conditions, specifications or price. If as a result of technical discussions, it is desirable to alter/modify contractual obligations or the Specifications/Work Statement, the Contracting

Officer shall issue such modification(s) in writing with the Contracting Officer's signature.

A copy of all written communications shall be concurrently mailed or otherwise furnished to the

Contracting Officer at the address shown in Block No. 8 of the Standard Form 33.

Contracting Officers Representative (COR) Justice Acquisition Regulations 2852.201-70 (JAN

1985)

A designated Contracting Officer’s Representative (COR) will be identified by the CO at award time of the contract.

The COR or a designated Task Manager is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of a future contract; providing direction to the Offeror which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual

Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The COR does not have the authority to alter the Offeror’s obligations under this contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

PAYMENT DUE DATE

The Government agrees to inspect and determine the acceptability of supplies delivered or services rendered in accordance with the provisions incorporated in this contract (see Section E).

For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur on the last day of the afore-stated inspection period. However, the

Offeror is not entitled to payment of amounts or interest unless and until actual acceptance of services or supplies occur.

To be considered proper, a payment invoice must satisfy the requirements of the "Invoice

Requirements" clause of this contract.

For the purpose of determining the date of payment, payment shall be made the date payment by wire transfer is initiated through the Treasury Financial Communications System

G.3 INTEREST ON OVERDUE PAYMENTS

The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, U.S.C. 1801) is applicable to payments under this contract and requires the payment to Offerors of interest on overdue payments and improperly taken discounts.

Determinations of interest will be made in accordance with the provisions of the Prompt

Payment Act.

G.4 INVOICE REQUIREMENTS

Invoices shall be submitted via email to the Central_invoices@fbi.gov and copy to the COR designated at IDIQ contract or task order award. To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

• Name of Offeror

• Invoice date;

• Government contract number or other authorization for delivery of goods or services;

• Offeror invoice number, account number, and/or any other identifying number agreed to by contract;

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

• Shipping and payment terms (unless mutually agreed that this information is only required in the contract);

• Taxpayer Identification Number (TIN);

• Banking information necessary to facilitate an electronic funds transfer (EFT) payment;

• Contact name (where practicable), title, and telephone number;

• Other substantiating documentation or information required by this contract.

Time periods addressed in this section are referring to Government calendars and Fiscal Years.

To assist the Government in making timely payments, the Offeror is requested to furnish the following additional information either on the invoice or on an attachment to the invoice:

• Date(s) that property was delivered, or services rendered,

• Serial Numbers of property delivered,

• Address where property was delivered or services were rendered,

• Credits (if applicable),

• Offeror’s complete remittance address

G.5 ADDITIONAL INVOICE AND PAYMENT PROVISIONS

INVOICES FOR FULL MONTH

The Offeror shall render invoices for the services provided at the end of the month for which the charges accrue. (See General Provisions G.2, "Payment Due Date," and G.4, "Invoice

Requirements.").

PURCHASE INVOICE AND PAYMENT PROVISION

The Offeror shall be paid upon submission of a proper invoice after completion of the performance period. (See G.2, "Payment Due Date," and G.4, "Invoice Requirements.")

G.6 PRICING OF ADJUSTMENTS

When cost is a factor in any determination of contract price adjustment pursuant to the

"Changes" clause or any other clauses of this contract, such cost shall be in accordance with the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulation (48 CFR

Part 31) in effect on the date of this contract.

G.7 METHOD OF PAYMENT

Payments under this contract will be made by EFT through the Treasury Financial

Communications System. Information Requirements to Accomplish Payment by Wire Transfer.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Key Personnel

H.2 Security

H.3 Department of Justice (DOJ) Procurement Guidance

H.4 Insurance

H.5 Task Orders

H.6 Organizational Conflict of Interest

H.7 Deliverables, Allocation of Intellectual Property and Use of Data Information

H.8 Non-Disclosure Agreements (NDA)

H.9 Reproduction Materials

H.10 Dissemination of Information

H.11 Equal Employment Opportunity

H.1 KEY PERSONNEL

Offeror is required to submit all resumes for key personnel with the Offeror’s technical and cost proposal, per Section H. The Offeror may not replace key personnel without prior written approval of the Government Contracting Officer (GCO). The Government may define additional key personnel (during the life cycle of the contract) or required for a specific TO during the RFQ task order issuing process.

The goal will be to identify key positions in the individual task orders that are issued after award of the IDIQ contract

The Offeror shall identify the persons selected to fill the roles of Offeror’s Program Manager, for the base contract as Key Personnel. These individual(s) shall represent the Offeror as points-of-contact for the GCO to help resolve issues and perform other functions that may arise relating to this requirement. The Government may identify other key personnel later (at the issuance of a contract modification or a task order RFQ). For the task orders enclosed in the attachments of this RFP, the Offeror shall identify in their proposal and provide resumes for all staff as specified, in addition to those roles identified here.

Program Manager (Additional duty to primary position)

The Offeror corporate management structure shall guarantee a senior Program Manager on a full–time basis who is dedicated only to this IDIQ (and future task orders). The Program

Manager is not to manage or assist with other company projects. The Offeror may be responsible for. The Offeror’s Program Manager’s duties include, but are not limited to:

Providing all reporting information identified and required in this RFP or follow-on task orders.

Resolving issues related to overall contract performance.

Attending meetings and conferences identified in this RFP and follow-on task orders

H.2 SECURITY

Requirements for Procurement of Critical Assets

Every effort must be made to ensure that supplies are provided and integrated and services are performed using sound security components, practices, and procedures. Acquisition of supplies or services from concerns under Foreign Ownership, Control, or Influence (FOCI) or of supplies developed, manufactured, maintained, or modified by concerns under FOCI (any or all of which shall be referred to herein as "Use of FOCI source") is of serious concern and must be approved prior to contract award. Approval decisions will be made on a case by case basis after the source or technology has been identified by the Offeror and subjected to a risk assessment.

The risk assessment process will vary depending on the acquisition type and proposed use of a

FOCI source, available risk mitigation measures, and the information/justification provided by the Offeror.

Any Offeror responding to this Request for Proposal (RFP), Request for Quotation (RFQ), or

Sealed Bid acknowledges the Government's requirements to secure services or equipment from firms which are not under Foreign Ownership, Control, or Influence (FOCI), or where any FOCI, in the opinion of the Government, adversely impacts on National Security or security requirements. The Offeror understands and agrees that the Government retains the right to reject any response to this RFP, RFQ, or Sealed Bid made by the Offeror, without any further recourse by or explanation to the Offeror, if the FOCI for that Offeror is determined by the Government to be an unacceptable security risk.

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

In Section K, Offerors shall complete the Acquisition…