15F06723Q0000277_Charter Flight Services RFQ.pdf

15F06723Q0000277 Page 1 of 32

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

PAGE OF PAGES

1 32

1. REQUEST NO.

15F06723Q0000277

2. DATE ISSUED

08/28/2023

3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2 AND/

OR DMS REG. 1

RATING

FEDERAL BUREAU OF INVESTIGATION

FAU - FACILITIES ACQUISITION UNIT

935 PENNSYLVANIA AVE, NW

WASHINGTON, DC 20535-0001

5a. ISSUED BY 6. DELIVER BY (Date)

7. DELIVERY

OTHER

(See Schedule)X FOB DESTINATION

9. DESTINATION

5b. FOR INFORMATION CALL (NO COLLECT CALLS) a. NAME OF CONSIGNEE

SEE SCHEDULE

NAME TELEPHONE NUMBER

AREA CODE NUMBER

Ext.:

8. TO:

b. STREET ADDRESS

c. CITY

a. NAME b. COMPANY

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

09/27/2023 16:00 ET

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

BPA for Chartered Flight Services Firm Fixed Price

See Continuation Sheet(s)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations [ ] are [ X ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

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SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Charter Flights Services

Charter/Logistics services to include, but not limited to: Personnel Transportation, Freight Transportation, Transportation Assistance (freight prep, pickup, delivery, and customs) in accordance with BPA Performance Work Statement (PWS) and attached Call Order Statement of Work (SOW).

Each BPA Call will be priced in accordance with the accepted BPA price schedule.

PSC: V121

Line Period of Performance: 10/01/2023 - 09/30/2028

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Pilot Only Flights Services

Pilot Only Service to fly FBI owned assets in accordance with attached Call Order Statement of Work (SOW).

Each BPA Call will be priced in accordance with the accepted BPA price structure.

PSC: V121

Line Period of Performance: 10/01/2023 - 09/30/2028

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Other Direct Costs (ODC)

For government directed travel, material or other specified costs.

Actual costs only - no fees or profit.

PSC: V121

Line Period of Performance: 10/01/2023 - 09/30/2028

1 EA $________ $_________________

B.1 PROCUREMENT OBJECTIVES

B.1.1 The Federal Bureau of Investigation (FBI) is establishing a multiple award Blanket Purchase Agreement to fulfill a repetitive need for worldwide passenger air charter service and related passenger services to assist the Federal Bureau of Investigation (FBI) Critical Incident Response Group (CIRG) in meeting its travel needs for all types of domestic and international travel permitted by Office of Management and Budget Circular A-126.

B.1.2 This is a Request for Quote (RFQ). All vendor submissions in response to this RFQ are considered quotes and not proposals or offers, even, if labeled as such. Vendors agree to and are bound by all instructions, procedures, and rules of this RFQ. The government reserves the right to make an award based on initial offer without discussions. Therefore, the Vendor is requested to submit its’ best quote to the Government on the most favorable terms both from a technical and cost/price standpoint. Since vendor submissions are simply quotes, the Government is not obligated to determine a competitive range, conduct discussions with all vendors, solicit final revised quotes, and use other techniques associated with FAR Part 15. The contracting techniques associated with FAR Part 15 do not apply.

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B.1.3 The Government will be issuing Multiple five (5) year Blanket Purchase Agreements. The duration of the BPA is from the date of award to five (5) years thereafter unless the BPA is canceled or expires. Orders can be issued only against active BPAs. Orders issued will have their own period of performance. The estimated value of all BPA calls (orders) under this requirement is $4.5M over the 5-year ordering period.

B.2 DURATION

This Agreement shall remain in effect for a period of five (5) years from date award.

B.3 INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA

The Contracting Officer is the only individual authorized to purchase under this BPA. Orders under this BPA will be executed through a separate Task Order. The Contractor shall not honor call orders received from any other personnel nor will the Government accept any resultant deliveries.

B.4 ANNUAL REVIEW

This Agreement shall be reviewed by the Contracting Activity in accordance with FAR 13.303-6 at least annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the Federal Acquisition Regulation and applicable supplements or to statutory requirements. Any change shall be effective only through written modification to this Agreement and not by individual Calls issued hereunder.

Modifications to this Agreement shall have no retroactive effect on Calls previously issued.

B.5 BINDING CONTRACT

Upon issuance of a BPA Call by an authorized individual, a binding contract shall be established between the Contractor and the Contracting Activity/Government. All vendors are cautioned that they are not to accept BPA Calls against the BPA from any individual that is not a Contracting Officer or Contract Specialist with the FBI.

B.6 CANCELLATIONS/TERMINATIONS

This Agreement may be cancelled/terminated in its entirety at no cost by either party. The party desiring to cancel/terminate this Agreement shall serve to the other party a written notice of such intent at least thirty (30) calendar days prior to the effective date of the cancellation/termination. The parties agree that the cancellation shall have no effect on any Call not completed by the effective date of the cancellation/termination. The Contractor shall proceed diligently and complete such Calls under the terms and conditions of this Agreement.

B.7 BPA CALL ORDER PROCESS

Upon identification of a requirement within the scope of this BPA, the Contracting Activity shall send a RFQ to each BPA Holder(s) in order to compete the requirement. The RFQ Statement of Work (SOW) will identify all requirement-specific information needed and BPA services required. The BPA Holder(s) shall respond to the RFQ. The quoted price may not exceed the established BPA pricing, but it may be lower. The basis for award will be included in each the Instructions to Offerors in each RFQ. Calls may be evaluated on price only or price and other factors in order to obtain the best value for the Government.

B.8 BPA ORDERING PROCEDURES

The order-level Contracting Officer shall award and administer orders in accordance with the ordering procedures and ordering guidelines set forth in this BPA and the procedures outlined in FAR 13.303-5.

B.8.1 The majority BPA Calls will be Firm Fixed Price (FFP) and may include a Not-to-Exceed (NTE) Cost CLIN for travel, and other fees such as cancelation fees. The type of BPA Call will be identified at the BPA order level.

B.8.2 BPA orders shall be within the scope of the BPA. Only the Contracting Officer for the BPA may modify the BPA.

B.9 ORDERING PERIOD

The ordering period shall commence upon the date of award. The prices in effect at the time a BPA Call is awarded will remain in effect through completion of the awarded effort, unless modified due to an increase in the Department of Labor wage rates in accordance with FAR 52.222-43.

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B.10 TRAVEL

B.10.1 Contractor personnel may be required to travel in order to support work required under individual TOs.

The COR must approve all travel in advance. Unless otherwise allowed by the Government, the Contractor shall conduct all travel required in accordance with the GSA’s Joint Federal Travel Regulations rates and procedures.

Travel details shall accompany the invoice in which they are billed.

B.11 OTHER DIRECT COSTS (ODCs)

(a) Other Direct Costs consist of travel costs incurred by the contractor. The Government will only reimburse the Contractor for the actual direct costs the Contractor incurs for these ODCs. The Government will not reimburse the Contractor under these estimates for any profit or indirect loads.

(b) ODCs are limited to Government-directed travel, Government-directed purchase of material, and any other Government-directed ODC purchases.

B.12 ON RAMP PROCEDURES

The Government will review BPA performance and requirements on a regular basis (at least yearly) and determine the necessity of on ramping. The Government reserves the right to announce and issue a new solicitation for the purposes of: (i) adding additional Contractors to expeditiously meet the requirement as the need for increased assessments materialize; and (ii) increase the small business pool of Contractors; and

(iii) increase competition. The Government may implement on-ramp procedures at any time by reopening the competition and utilizing the same basis of award established in the initial solicitation. Any resulting BPA(s) awarded will include the same terms and conditions as the current basic contract. Implementing this procedure will not affect the overall period of performance for the basic agreement.

B.13 OFF RAMP PROCEDURES

The Government reserves the right to implement off-ramp procedures, which would result in the removal of BPA holders. The criteria for off-ramping may include, but not limited to, BPA holders not proposing on order request(s), not having at least one order award, and/or unsatisfactorily meeting the SOW requirements.

If implemented, off-ramp procedures will remove BPA holders by not exercising the next available ordering period or cancelling the BPA.

B.14 PRICING SCHEDULE/CONTRACT CLINS

B.14.1 Pricing is not required on the contract line-item number (CLIN) schedule. The requirement is to price the pricing schedule located at Attachment J-4. Failure to do so, may eliminate the Vendor from the competition.

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Clauses By Full Text

C.1 SCOPE OF WORK

C.1.1 The contractor shall provide all personnel, materials, equipment, and facilities (except as otherwise provided for in this contract) necessary to perform those functions as set forth in Attachment 1 - Performance Work Statement (PWS).

D.1 PACKAGING AND MARKING REQUIREMENTS

D.1.1 Specific packaging and marking requirements shall be identified in individual BPA Call Orders if applicable.

D.2 DELIVERIES

D.2.1 Unless otherwise directed, all deliveries shall include the Call Order number and the Government delivery Point of Contact (POC) on the outside of every container shipped. Products shipped without Call Order number and POC may be rejected and returned at the contractor’s expense.

E.1 INSPECTION AND ACCEPTANCE OF SERVICES

E.1.1 Inspection and acceptance of services to be furnished will be performed at the government location where the services are being performed by the COR, or designated representative, in accordance with FAR Clauses 52.246-4, 52.246-5, and 52.246-6 and any other provision specified in this contract. The Government reserves the right to conduct any inspection and test it deems reasonably necessary to assure that the services and supplies provided conform in all respects to the specified requirements. Services and supplies, which upon inspection are found not to be in conformance with contractual requirements, will be promptly rejected; and notice of rejection, together with appropriate instructions, will be provided to the Contractor by the COR.

E.1.2 Inspection will be completed within 7 calendar days after completion of services, as appropriate, or as specified in the Performance Work Statement.

E.2 NEGATIVE INSPECTION RESULTS

E.2.1 Written notification of negative inspection results will be furnished within 7 days after completion of the inspection. Government failure to accept or reject within 7 days shall not be construed as acceptance.

E.3 CONTRACTOR QUALITY ASSURANCE

E.3.1 The Contractor shall establish appropriate processes to execute Contractor Quality Assurance responsibilities listed in FAR 46.105 and other applicable FAR Sections.

F.1 PERIOD OF PERFORMANCE

F.1.1 This BPA provides a five (5) year Period of Performance with the option to extend the BPA 6-months in accordance with FAR Clause 52.217-8, for a total potential period of performance of 66 months as reflected below:

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Base period: October 01, 2023, through September 30, 2028

F.1.2 The dates reflected above are subject to change. BPA Call period of performance can exceed the BPA period of performance depending on the timing of award of the Call order. Call period of performance shall be negotiated on individual call orders.

F.2 PLACE OF PERFORMANCE

F.2.1 Each Call under this BPA will have the designated place of performance defined in the individual order.

F.3 DELIVERABLES

F.3.1 All document deliverables that contain embedded information (e.g., Excel) shall also deliver that embedded information in the native software format to allow the Government to maintain that documentation in the future. The format and content for the required deliverables will be specified in the individual Calls.

F.4 DATA DELIVERABLES

F.4.1 The Vendor shall provide data deliverables to the Government in support of the overall BPA only if the Vendor has been awarded at least one Call. These deliverables are not separately priced in the BPA. Funding for these deliverables shall be taken from individual Calls, if awarded. The COR may identify and task the Vendor to provide additional deliverables as required on an individual Call.

F.4.2 The data deliverables required under the BPA shall not limit the types of data deliverables required under individual Calls.

F.4.3 Unless otherwise identified in the BPA PWS and Call PWS the procedures for accepting data deliverables will be as follows: The Government will have ten (10) business days to review each deliverable and provide comments. The Vendor shall review and incorporate Government comments no later than 10 business days thereafter. Failure by the Government to accept a deliverable within 10 business days, as detailed above, will not be interpreted as automatic acceptance.

F.5 DELAYS

F.5.1 Any circumstances, which may hinder any completion date or required services delivery shall be immediately reported in writing to the COR and the CO for consideration. In the event the Contractor encounters difficulty in meeting performance requirements, anticipates difficulty in complying with the contract delivery schedule, completion date, or whenever the Contractor has knowledge that any actual or potential situation threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and the COR. This written notice shall include all pertinent details. This written notice shall not be construed as a waiver by the government of any delivery schedule or date, or any rights or remedies provided by law under this BPA. Any specific instructions regarding delays, and the impacts of those delays, will be addressed in the individual call orders.

F.5.2 For any tasked effort, a critical delay is defined as meeting one or more of the following criteria:

• Documentation requiring government review will not be delivered as scheduled.

• The delivery of the system or task products to the FBI will not be within 30 days of the proposed scheduled due date.

• The delivery of services to the FBI will not be within 30 days of the proposed scheduled due date.

• Required services will not be available at the beginning of the period of performance.

G.1 CONTRACTING OFFICER

G.1.1 The BPA Contracting Officer (CO) is the appointed authority to bind the Government to the extent of the authority delegated. Direction that will modify the scope, schedule, terms and conditions, funding, or any

15F06723Q0000277 Page 7 of 32 other action that may modify the agreement as originally entered into with the Government must be given only by the BPA CO. TOs may have a different Administrative CO (ACO). Contact information for the BPA CO is provided below.

Federal Bureau of Investigation ATTN: Ms. Melissa Golicz 4940 Fowler Road Redstone Arsenal, AL 35898 MGolicz@fbi.gov

G.1.2 All contract administration will be affected by the Procuring Contracting Officer (PCO) or designated Administrative Contracting Officer (ACO). Communication pertaining to the contract administration should be addressed to the CO. Contract administration functions (see FAR 42.302) are assigned to the cognizant contract administration office. No changes, deviations, or waivers shall be effective without a modification of the contract executed by the CO or his/her duly authorized representative authorizing such changes, deviations, or waivers.

G.2 CONTRACTING OFFICER REPRESENTATIVE

G.2.1 The Contracting Officer has appointed a Contracting Officer’s Representative (COR) to help provide administration and management support of the work to be performed under the BPA. The Contractor shall coordinate the award of new Calls and the delivery of Master BPA deliverables, if required, with the COR.

Contact information for the Master BPA COR will be provided after BPA award.

G.2.2 The COR is not authorized to change any of the terms and conditions of the contract. The Contractor is advised that only the CO can change or modify the contract terms or take any other action which obligates the Government. Then, such action must be set forth in a formal modification to the Master BPA or individual Call.

The authority of the COR is strictly limited to him/her, without re-delegation, to the specific duties set forth in his/her letter of appointment.

G.2.3 Contractors who rely on direction from other than the CO, or COR acting outside the strict limits of his/her responsibilities as set forth in his/her letter of appointment, do so at their own risk and expense. Such actions do not bind the Government contractually. Any contractual questions shall be directed to the CO.

The Contractor shall coordinate the award of new TOs and the delivery of BPA deliverables with the BPA

COR.

G.3 INVOICING INSTRUCTIONS

G.3.1 Invoice(s) shall be submitted via electronic invoicing using the U.S. Treasury’s Invoice Processing Platform (IPP) with a copy to the COR for the applicable Call Order. A draft invoice shall be submitted to the COR for review and approval prior to submitting final approved invoice.

G.3.2 To submit an invoice using IPP, the contractor must log into the company’s IPP Collector account. See below for additional information about accessing IPP.

• Company may have already been registered for IPP either by the FBI or another participating agency.

• If company already has access to IPP, they do not need to get another IPP account

• If the company needs assistance obtaining access to their IPP account and does not know who manages the company’s account, please contact the U.S. Treasury IPP Help Desk by phone (866) 973-3131 or email IPPCustomerSupport@fiscal.treasury.gov. Please have the company’s Tax Identification Number (TIN) available when calling.

G.3.3 If the company needs assistance using IPP after obtaining access, training resources are available to vendors at http://ipp.gov. Additionally, the IPP Help Desk is a great resource if there are specific questions

15F06723Q0000277 Page 8 of 32 about using the IPP system to submit an invoice. They can be reached by calling (866) 973-3131 or by email IPPCustomerSupport@fiscal.treasury.gov.

a. All invoicing shall occur at the Call level. No invoices shall be submitted until the Contractor has been issued a Call.

b. Invoices for each Call shall be received at least every 30 days. The prime contractor is responsible for ensuring that all subcontractor billing is received in order to meet this criterion.

c. Contractors shall include basic information with their invoices in order to have them processed in a timely manner. Failure to provide this data may result in invoice rejection, delays, or non-payment. Invoices shall contain the following information:

1. Invoice Date

2. Invoice Number

3. BPA and TO Number

4. DUNS Number

5. Tax Identification Number

6. Billing Period

7. Period of Performance (stipulating base or specific option year)

8. Call Number

9. Award Date 10.Purchase Order Number 11.Labor Breakdown

a. Employee Name

b. Labor Category Title

c. Hourly Rate

d. Current Hours Worked for invoice period

e. Current Charges

f. Cumulative Hours

g. Cumulative Charges

d. The Contractor shall submit invoices in accordance with the terms provided in Section G of the RFQ unless the Call COR provides other invoicing instructions in the Call PWS. Invoices shall be emailed to the COR. Invoices e-mailed to personnel other than the COR shall be considered non-delivered.

e. Final invoices for all ending Calls shall be received no later than 45 days after Call end. The prime contractor is responsible for ensuring all subcontractor billing is received and invoiced during this time frame. The Government reserves the right to de-obligate all remaining funds after the 45th day.

f. Any invoices that are rejected must be resubmitted to IPP, once corrected, with a new invoice date.

g. The Contractor shall include this information on every invoice when invoicing for full or partial supplies/services delivered/performed. If an invoice does not contain the above information, the Government reserves the right to reject the invoice(s) as IMPROPER and notify the Contractor within seven (7) calendar days after receipt of the invoice.

H.1 FBI SECURITY REGULATIONS

H.1.1 The Contractor shall satisfy all requirements outlined in this Section. Contractors shall meet all criteria stated in these regulations prior to receiving a Call order. All security requirements flow down to all subcontractors (on Call Orders). This includes completing the Acquisition Risk Questions and Key Management Personnel List (KMPL) for the prime contractor and all proposed subcontractors (when they are required). Submission of these documents should include identification of the Call contract number, name of the assigned CO, and certification of the accuracy of the provided information by an Executive Management Official of the company. Providing false information shall be cause for default under the default clause. In addition, when required at the Call level, contracted personnel supporting the FBI on this BPA may be required

15F06723Q0000277 Page 9 of 32 to have personnel complete Non-Disclosure Agreements, Document Security Agreements and Warrantless Search Agreements.

H.2 PERSONNEL SECURITY, ACCESS, AND DISSEMINATION REQUIREMENTS

H.2.1 Unclassified information released or generated under this contract will be restricted in its dissemination to Contractor and government personnel involved in the contract. Release in open literature or exhibition of such information is strictly prohibited without permission of the Contracting Officer.

H.2.2 Access to FBI facilities is subject to specific security requirements, which must be satisfied prior to access.

H.2.3 Information pertaining to FBI programs, even though considered unclassified, shall only be made available to Contractor employees on a need-to-know basis and shall not be otherwise disseminated without the prior written consent of the FBI. Unless approved by the FBI, regardless of classification, no project related material may leave the government or approved Contractor facility. No project related material may be transmitted via the Internet or any other network that would allow individuals not associated with this contract to access the project-related material directly or indirectly.

H.2.4 Any information technology system that processes FBI classified or sensitive-but-unclassified (SBU) information utilized to support contract performance shall be operated in accordance with FBI certification and accreditation policies and procedures.

H.2.5 Unauthorized disclosure of FBI information may constitute a security incident, and the FBI shall be immediately informed of any unauthorized disclosure. The unauthorized disclosure of classified information or information protected by the Privacy Act could also result in criminal sanctions.

H.2.6 All Contractor communications with the FBI dealing with security access issues shall be through the

COR.

H.3 DEPARTMENT OF JUSTICE SECURITY REQUIREMENTS

H.3.1 Security of Systems and Data, Including Personally Identifiable Information

a. Systems Security:

The work to be performed under this contract requires the handling of data that originated within the Department of Justice, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.

For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice systems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews and access by the DOJ Office of the Inspector General for its reviews.

The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the Contracting Officer (CO) certifying the following requirements:

1.1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product.

The contractor must develop and implement a process to ensure that security and other applications software is kept up to date.

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Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism.

The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required.

All DOJ information is sensitive information unless designated as non-sensitive by the Department.

Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product.

When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed or destroyed) in accordance with security requirements applicable to DOJ.

Contracting firms shall keep an accurate inventory of devices used on DOJ contracts.

Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information.

All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor's project management and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work.

b.Data Security:

By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of an actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the CO and the Contracting Officer's Representative

(COR).

If the data breach occurs outside of regular business hours and/or neither the CO nor the COR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866- US4-CERT (1-866-874-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours.

c. Personally Identifiable Information Notification Requirement:

The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identification information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contract shall be coordinated with, and be subject to the approval of, the Department.

The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

d. Pass-through of Security Requirements to Subcontractors:

The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.

H.4 Information Resellers or Data Brokers Under this contract, the Department will obtain personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data

15F06723Q0000277 Page 11 of 32 that originated with the Department or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department CO so that the Department my determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it receives further instruction from the Department.

H.5 PERSONNEL

H.5.1 General Personnel Requirements Upon the award of the contract, appropriate Contractor individuals will be processed by the Security Division as directed by FBI policies and procedures. The FBI’s Security Division requires that access approval and/or security clearance be granted by the FBI Security Programs Manager (SPM) to all Contractor personnel who will have access to: Sensitive but Unclassified (SBU) information; FBI information; FBI facilities; and/or FBI equipment. The determinations of the access level (escorted or unescorted) required are made by the FBI’s SPM. The scope of the FBI security clearance background investigation to be conducted is determined by the level of access sought.

H.5.2 The following requirements shall be met by Contractor personnel providing services under this contract effort.

• All Contractor personnel shall be citizens of the United States.

• All Contractor personnel shall have, for three of the five years immediately prior to working on this effort: (1) resided in the United States; or (2) worked for the United States overseas in a federal or military capacity; or (3) been a dependent of a federal or military employee serving overseas.

• All Contractor personnel requiring access to FBI facilities shall execute non-disclosure agreements for all information, including information not directly related to the contracted efforts.

H.6 STORAGE MEDIA POLICY

H.6.1 FBI security policy does not allow storage media to leave the confines of its data center unless certified to be free of any FBI information. As a result, contractor-owned equipment containing storage media shall not be removed from the FBI data center for any reason, including maintenance or repair. At the completion of the contract, the FBI reserves the right to purchase and destroy any contractor-owned storage media located in the FBI data center. If feasible and practical, the FBI may attempt to purge all FBI information from contractor-owned storage media. For the purpose of pricing this contracted effort, the Contractor shall not assume the return of any storage media (e.g., disk drives) to the Contractor or OEM for repair or exchange.

H.7 ACCOUNTABLE PROPERTY

H.7.1 The Contractor shall include the FBI Call Order Number on all shipping document (i.e., packing list) if required. Shipments of equipment to the FBI Complex without the FBI Call Order Number are subject to refusal.

H.7.2 For this paragraph, accountable property is defined to be all government property valued at $2,500.00 or more or individual components of IT systems such as external hard drives, monitors, switches, scanners, printers, and modems regardless of value.

H.7.3 All Contractor and Government furnished equipment, hardware, software, local-area networks, wide-area networks, or other processing facilities that contain FBI information or data that are provided by the FBI or that are generated by tasked efforts shall be solely dedicated to FBI tasked efforts, except as specifically approved by the FBI in writing.

H.8 GOVERNMENT AND CONTRACTOR FURNISHED PROPERTY

H.8.1 Unless otherwise stated in a Call request, the Government shall provide workspace for contractor personnel including computer and telephone systems, as necessary, to perform their required functions. Specific items to be provided by the Government outside of workspaces shall be identified in the Call, if applicable.

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H.8.2 The Contractor may be required under individual Calls to provide other equipment not issued by the Government. This may include cell phones, laptops or other support items. Any equipment or supplies purchased by the contractor from overhead funds shall remain the property of the contractor. Any equipment or supplies purchased directly, reimbursed with Government funding, however, shall be considered Government property and shall be returned in coordination with the appropriate TO COR.

H.8.3 All Contractor or Government furnished property, hardware, software, local-area networks, wide-area networks, or other processing facilities that contain data that is provided by the Government, or that is generated by labor charged to the Government, shall be solely dedicated to Government projects. Exceptions to this may only be granted by the CO or COR in writing.

H.9 REGISTRATION AND TAX REQUIREMENTS FOR CONTRACTORS AND

SUBCONTRACTORS

H.9.1 For any work performed on-site at any FBI facility the Contractor shall be responsible for obtaining a City Business License in order to meet Business and Occupation Tax obligations, if applicable.

H.10 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

H.10.1 The Government hereby provides notification that Government personnel observe the listed days as holidays:

H.10.2 These holidays only apply to services performed within the United States, and are provided for informational purposes only:

• New Year’s Day

• Martin Luther King’s Birthday

• President’s Day

• Memorial Day

• Juneteenth Day

• Independence Day

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving

• Christmas Day

In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by an Executive Order Any other day designated by the President's Proclamation

H.10.3 In the event the Contractor’s personnel are directed to work holidays, the FBI will reimburse the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as direct or indirect cost, other than their normal compensation for the time worked. Any work outside normal business hours must have prior written approval of the COR. Overtime is not authorized in the contract.

H.11 PUBLICATIONS

H.11.1 Release of Information - Publications 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.

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H.11.2 For purposes of this Clause, "Information" shall include but is not limited to: in 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.

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

H.11.3 No release of information shall be made without the prior written consent of the FBI Office of Public Affairs and the CO. 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.

**These obligations do not cease upon completion of the contract**

52.202-3 Gratuities

Gratatuities.

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

(a) Definitions. As used in this clause:

"Executive" means officers, managing partners, or any other employees in management positions.

"First-tier subcontract" means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.

"Month of award" means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

"Total compensation" means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

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(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause requires the disclosure of classified information

(d) (1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) (Federal Acquisition Regulation (FAR) provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if--

(i) In the Contractor's preceding fiscal year, the Contractor received--

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the Contracting Officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

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(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov , if--

(i) In the subcontractor's preceding fiscal year, the subcontractor received--

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78 m(a), 78 o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value below the threshold specified in FAR 4.1403(a), on the date of subcontract award, to avoid the reporting requirements in paragraph (d) of this clause.

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g) (1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and the FPDS database. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM information is incorrect, the contractor is responsible for correcting this information.

(End of clause)

52.204-13 System for Award Management Maintenance (Oct 2018)

(a) Definitions. As used in this clause--

"Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management (SAM)" means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

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(4) The Government has marked the record "Active".

"System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes--

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity.

See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor…