15F06723R0000050_FBI_Quantico_Lead_Cleaning.pdf

15F06723R0000050 Page 1 of 31

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15F06723R0000050

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/22/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

04/28/2023 04:00 ET

CODE 15F067

FEDERAL BUREAU OF INVESTIGATION

FEDERAL BUREAU OF INVESTIGATION

935 PENNSYLVANIA AVE, NW

ROOM 6823

WASHINGTON, DC 20535-0001

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 562910

SIZE STANDARD: 25,000,000.00

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

1200CODE15. DELIVER TO

FACILITIES/LOGISTICS

ATTN: JOSEPH BUEL

1 RANGE ROAD

FBI ACADEMY, B23

QUANTICO, VA 22135

CODE 120016. ADMINISTERED BY

FACILITIES CONTRACTS UNIT - QUANTICO

FBI Academy Building 12, Room 203 Quantico, VA 22135

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

1200CODE18a. PAYMENT WILL BE MADE BY

Send all invoices via IPP, NOT central_invoices@fbi.gov

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

0001 Firm Fixed Price Lead Cleaning and Janitorial Services

PSC: F108

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

12 MO $________________ $________________

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Dennis Guido Alber

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

22 Mar 2023

15F06723R0000050 Page 2 of 31

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15F06723R0000050 Page 3 of 31

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

Section D Packaging and Marking Section E Inspection and Acceptance Section F Performance FBI-0023 Federal Bureau of Investigation Electronic Invoicing Requirements Section G Contract Administration Data FBI-0006 (U) Contractor Suitability Special Security Requirement (SSR) FBI-0007 DOJ Security of Systems and PII - Procurement Section Directive (PSD): 11-24.101 FBI-0008 Financial Disclosure - Contract Security Requirements from Acquisition Security Unit

(ASU)

FBI-0009 Personnel Security - Contract Security Requirements from Acquisition Security Unit

(ASU)

FBI-0010 Warrantless Search - Contract Security Requirements from Acquisition Security Unit

(ASU)

FBI-0021 Providing Deoxyribonucleic Acid (DNA) Sample for Elimination Section H Special Contract Requirements 52.232-23 Assignment of Claims (May 2014) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.202-1 Definitions (Jun 2020) 52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018) 52.233-1 Disputes (May 2014) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-13 Bankruptcy (July 1995) 52.243-7 Notification of Changes (Jan 2017) 52.245-1 Government Property (Sep 2021) 52.246-25 Limitation of Liability-Services (Feb 1997) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) 52.251-1 Government Supply Sources (Apr 2012) 52.253-1 Computer Generated Forms (Jan 1991) 52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) (Aug 2016) 52.219-2 Equal Low Bids (Oct 1995) 52.222-25 Affirmative Action Compliance (Apr 1984) FBI-0016 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquency Tax Liability (Deviation 2012-02) (January 2012) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Oct 2022)

4 List of Attachments 5 Solicitation Provisions

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007)

15F06723R0000050 Page 4 of 31

52.203-2 Certificate Of Independent Price Determination (Apr 1985) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.219-1 Small Business Program Representations (Oct 2022) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.223-1 Biobased Product Certification (May 2012) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) 52.223-4 Recovered Material Certification (May 2008) 52.225-2 Buy American Certificate (Oct 2022) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) FBI-0015 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquency Tax Liability (Deviation 2012-02) (January 2012)

15F06723R0000050 Page 5 of 31

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Line Period of Performance: 05/15/2023 - 05/14/2024

Base Period

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Lead Cleaning and Janitorial Services

PSC: F108

Line Period of Performance: 05/15/2024 - 05/14/2025

Option Period 1

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Lead Cleaning and Custodial Services

PSC: F108

Line Period of Performance: 05/15/2025 - 05/14/2026

Option Period 2

0 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Lead Cleaning & Custodial Services

PSC: F108

Line Period of Performance: 05/15/2026 - 05/14/2027

Option Period 3

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Lead Cleaning & Custodial Services

PSC: F108

Line Period of Performance: 05/15/2027 - 05/14/2028

Option Period 4

12 MO $________ $_________________

15F06723R0000050 Page 6 of 31

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (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 this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

FBI-0023 Federal Bureau of Investigation Electronic Invoicing Requirements

FBI-0006 (U) Contractor Suitability Special Security Requirement (SSR)

FBI-0007 DOJ Security of Systems and PII - Procurement Section Directive

(PSD): 11-24.101

FBI-0008 Financial Disclosure - Contract Security Requirements from

Acquisition Security Unit (ASU)

FBI-0009 Personnel Security - Contract Security Requirements from Acquisition

Security Unit (ASU)

FBI-0010 Warrantless Search - Contract Security Requirements from Acquisition

Security Unit (ASU)

FBI-0021 Providing Deoxyribonucleic Acid (DNA) Sample for Elimination

52.232-23 Assignment of Claims (May 2014)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.202-1 Definitions (Jun 2020)

15F06723R0000050 Page 7 of 31

Clause Title Fill-ins (if applicable)

52.203-12 Limitation On Payments to Influence Certain Federal Transactions

(Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

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

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2021)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (Aug 2018)

52.233-1 Disputes (May 2014)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr

1984)

52.242-13 Bankruptcy (July 1995)

52.243-7 Notification of Changes (Jan 2017)

52.245-1 Government Property (Sep 2021)

52.246-25 Limitation of Liability-Services (Feb 1997)

52.249-4 Termination for Convenience of the Government (Services) (Short

Form) (Apr 1984)

52.251-1 Government Supply Sources (Apr 2012)

52.253-1 Computer Generated Forms (Jan 1991)

52.249-5 Termination for Convenience of the Government (Educational and

Other Nonprofit Institutions) (Aug 2016)

52.219-2 Equal Low Bids (Oct 1995)

52.222-25 Affirmative Action Compliance (Apr 1984)

FBI-0016 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquency Tax Liability (Deviation 2012-02) (January

2012)

15F06723R0000050 Page 8 of 31

Clauses By Full Text

Section D Packaging and Marking

PACKAGING AND MARKING

As applicable:

Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract and delivery order number on or adjacent to the exterior shipping label. Items purchased for the services required shall be f.o.b. Destination, with the exception of those items purchased from the Procurement List. Items purchased from the Procurement List shall be f.o.b. Origin in accordance with FAR 8.707(a).

Contractor shall be capable of tracking products sold and shipped under the contract in the event of a recall.

Upon request, the Contractor shall supply this information to the COR for warranty purposes.

[End of Section]

Section E Inspection and Acceptance

INSPECTION AND ACCEPTANCE

Inspection and acceptance of the services to be furnished hereunder will be conducted by the Contracting Officer Representative (COR), alternate COR, or a third party acting on behalf of the Government and shall be performed at destination. The performance and quality of work delivered by the Contractor, including services rendered and any documentation or written material complied shall be subject to inspection, review, and acceptance by the Government.

In accordance with FAR 52.246-4(b) “INSPECTION OF SERVICES-FIXED PRICE (AUG 1996), The Contractor 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 Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.”

[End of Section]

Section F Performance

1. DELIVERIES AND PERFORMANCE

PERIOD OF PERFORMANCE

The anticipated period of performance shall be a twelve (12) month base period, to begin on the date of award, with four (4) potential one-year option periods.

1.2. NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with contract delivery schedules or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only 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.

1.3. PLACE OF PERFORMANCE

Services performed pertaining to this requirement will be performed on FBI Academy Quantico.

[End of Section]

Section G Contract Administration Data

1. CONTRACT ADMINISTRATION DATA

1.1 JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JAN 1985)

15F06723R0000050 Page 9 of 31

An individual that shall be named after contract award is hereby designated to act as the Contracting Officer’s Representative (COR) under this contract.

The COR 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 this contract; providing direction to the contractor 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 Contractor's obligations under the 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.

(End of clause)

1.2. ADMINISTRATIVE CONTRACTING OFFICER (ACO)

An individual shall be named upon award. Any/all contract related matters shall be addressed to the attention of the ACO throughout the life of the contract. Technical matters shall be addressed with the COR.

1.3. INVOICING REQUIREMENTS

Invoices shall be submitted electronically through IPP. A letter will be provided upon award with further instructions.

All invoices are required to have a unique identifying, non-duplicable number, and reflect the contract number, delivery order number, list of supplies, delivery date and Contractor point of contact information (name, email address, phone number).

It shall be the Contractor’s responsibility to include the information required by this contract on each invoice.

If an invoice does not contain the above information, the Government reserves the right to reject the invoice as IMPROPER and notify the vendor within seven (7) days after receipt of the invoice at the designated billing office. Resubmission of a PROPER invoice will be required.

Any requirement for resubmission for payment or Contractor questions regarding payment should be directed to the COR or Agency Point of Contact under the contract. All follow-up invoices (i.e. revised, resubmitted) shall be marked "REVISED".

1.4. SMALL BUSINESS ACCELERATED PAYMENT

Contractor must indicate its business size on each invoice to assist payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-11-32, ‘ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND SERVICES’, dated 10/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days.

1.5. WITHHOLDING OF CONTRACT PAYMENTS

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the terms and conditions of the contract. The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

[End of Section]

Section H Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with other contract provisions. The Government will, before disclosure, make an administrative determination on a case by case basis as to whether the information requested is exempt from disclosure by one of the established

15F06723R0000050 Page 10 of 31 exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.2 ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, including approval by the FBI's Security Division, must be satisfied prior to access. Contractors who will require escorted access, including short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD-816), a "Privacy Act of 1974 Acknowledgment Form" (FD-484) and two Fingerprint Cards (FD-258). Completed forms should be provided to the assigned Contracting Officer's Representative (COR) at least 10 days prior to required access.

H.3 CONTRACTOR SUITABILITY REQUIREMENT

Access to FBI facilities and information is subject to specific security and suitability requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at any time during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract.

Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for continued contract performance. Failure to replace the employee may result in a no cost termination for cause by the government.

H.4 DOJ RESIDENCY REQUIREMENT

All Contractor personnel employed within the United States, both United States citizens and non-United States citizens, are required to meet the following residency requirements:

For three of the five years immediately prior to applying for the specific contract position, the individual must have 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capability;

or 3) be a dependent of a Federal or military employee serving overseas.

The requirement may be waived for short term contractor personnel (performing duties for a cumulative total of 14 days or less) if there is a critical need for their specialized and unique skills. These individuals must, however, be United States citizens or Permanent Resident Aliens.

H.5 ORGANIZATIONAL CONFLICTS OF INTERESTS – GENERAL

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

The term "organizational conflict of interest" means a situation where a Contractor has interest, either due to its other activities or its relationship with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advise from the Contractor, or in securing the advantages of adequate competition in its procurement; or (2) from industry's standpoint in that unfair competitive advantages may accrue to the Contractor in question.

The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the CO which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict.

The Government may, however, terminate the contract for the convenience of the Government.

In the event that the Contractor was aware of an organization conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the CO, the Government may terminate the contract at no cost to the Government.

H.6 NONDISCLOSURE REQUIREMENTS

This contract is subjected to the requirements listed in FAR Subpart 3.104 – Procurement Integrity for disclosure, protection, and marking of contractor bid or quote information, or source selection information.

All contractor personnel also must submit a Non-Disclosure Agreement and be instructed in the requirements of FAR 3.104. Any information provided by contractors in the performance of this contract or obtained by the Government is only to be used in the performance of the contract.

H.7 INDEMNIFICATION

H.7.1 Responsibility for Government Property

15F06723R0000050 Page 11 of 31

1. The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or service to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

2. If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty of the Contractor or its employees, any Government owned or controlled property is lost or damaged as a result of the Contractor's performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may in lieu of payment thereof, require the Contractor to replace at this own expense, all property lost or damaged.

H.7.2 Hold Harmless and Indemnification Agreement H.7.3 Government's Right of Recovery Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provided for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the CO shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

H.7.4 Government Liability The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

H.8 CLAIMS

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

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

H.9 ANNOUNCEMENT OF PROJECT

The contractor is expressly forbidden from notifying any outside party of any details concerning any project on which the Contractor is providing any service to the FBI as a result of this contract, without the expressed written approval of the CO. The Contractor shall ensure that this clause is incorporated in agreements reached with any subcontractors, consultants, agents, or representative employed by the Contractor in contract performance or otherwise.

H.10 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting the individual task deadline set by the FBI, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of an assignment, the Contractor shall immediately notify the COR or CO who issued the task order, 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 on any delivery schedule or date, or any rights or remedies provided by law or under the SOW.

H.11 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, 1998

AMENDMENTS

Unless the Government invokes an exemption, all Electronic and Information Technology (EIT) products and services proposed shall fully comply with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, 29 United States Code (U.S.C.) 794d, and the Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Accessibility Standards at 36 Code of Federal Regulations (CFR) 1194. The contractor shall identify all EIT products and services proposed; identify the

15F06723R0000050 Page 12 of 31 technical standards applicable to all products and services proposed and state the degree of compliance with the applicable standards.

Additionally, the contractor must clearly indicate where the information pertaining to Section 508 compliance can be found (e.g., Vendor’s or other exact web page location). The contractor must ensure that the list is easily accessible by typical users beginning at time of award.

By submitting a bid or offer in response to this solicitation, the contractor makes an affirmative statement that the product or services to be provided as specified in the SOW are in compliance with the EIT Accessibility Standards (36 CFR 1194), as a minimum.

H.12 SAFEGUARDING OF INFORMATION

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

H.13 CONFIDENTIALITY OF DATA

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

H.14 DISCLOSURE OF DATA

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

Duplication or disclosure of the data and other information produced by the Contractor hereunder is prohibited.

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

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

H.15 OWNERSHIP AND USE OF DOCUMENTS

All data produced, developed, and/or delivered by the Contractor, as a result of this contract, shall be the sole property of the FBI. All reports, drawings, specifications, and copies thereof prepared and furnished by the Contractor to the FBI shall become the property of the FBI. Further, the FBI by having sole ownership of these documents may use these documents and data produced and developed by the Contractor in any manner that the FBI deems necessary and, in the FBI’s, best interest at no additional compensation to the Contractor.

This would include, but not be limited to, the following: facilities’ maintenance, facilities’ operations, future renovations, etc. The Contractor shall ensure that this clause is incorporated in any agreements reached with any subcontractors employed by the Contractor in contract performance or otherwise.

H.16 KEY PERSONNEL

Key Personnel are those personnel considered essential to successful contractor performance. They include the PM and other personnel providing supervision or critical technical oversight. The Contractor shall utilize the personnel named and for the period of time specified in the Technical Proposal to perform services required under this effort. The Contractor shall not remove from the contract any personnel designated as Key Personnel

15F06723R0000050 Page 13 of 31 without the written concurrence of the CO. In the event that Key Personnel named in the Technical Proposal are unable to perform their duties due to death, illness, resignation, or similar reasons, the Contractor shall promptly submit to the CO and COR, in writing, the name and qualifications of a proposed replacement and shall include justification (including resume(s) and labor category of proposed replacement) in sufficient detail to permit evaluation of the impact on task order performance.

The Contractor shall provide the selected replacement(s) within ten calendar days unless otherwise extended by the CO. The Government will approve initial contactor Key Personnel at time of award. Replacement of Key Personnel will be approved via modification to the task order. This action shall take place without any additional cost to the Government.

H.17 KEY PERSONNEL SUBSTITUTION

The Contractor shall not remove or replace any key personnel identified for this task order, without the written concurrence of the CO. This notification shall be no later than 14 calandar days in advance of any proposed substitution and shall include justification (including resume(s)) and the labor category of proposed substitution(s) in sufficient detail to permit evaluation of the impact on task order performance. Replacement of key personnel will be approved via modification to the contract.

Prior to utilizing other than personnel specified in proposals in response to a solicitation, the Contractor shall notify the Government CO and COR. Substitute personnel qualifications shall be equal to, or greater than, those of the person(s) being substituted. If the Government CO and COR determine that the proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the task order, the Contractor may be subject to default action as prescribed by the applicable termination for default/cause clause.

H.18 SUBCONTRACTING RESTRICTION

Except as specifically approved in writing, in advance by the CO identified in the clause entitled "Contract Administration" the Contractor shall not subcontract any work procured hereunder. It is contemplated that approval will be given for subcontracting certain phases of the work when, in the opinion of the COR and the CO, such subcontracting will not adversely affect the quality or delivery of neither the final product nor the difficulty or cost of inspection and testing. Requests for approval to subcontract shall be submitted, in writing, to the CO at the address shown in the clause entitled "Contract Administration".

H.19 SUPERVISION OF CONTRACTOR PERSONNEL

The Contractor-supplied personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed in the contract. The Contractor shall select, supervise, and exercise control and direction over its employees under this contract. The Contractor shall not supervise, direct, or control activities of Government personnel or the employees of any other Contractor.

Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under the contract. The Contractor is accountable to the Government for the action of its personnel.

H.20 PERFORMANCE LIMITATIONS

The Contractor has No Authority to issue changes or change orders or alter any third party or independent contract that the Contractor are assisting the FBI in monitoring or overseeing. The Contractor is Unable to obligate the Government (specifically the FBI) in any way or to expend its monies without direct written instructions from the FBI CO.

H.21 TRAVEL POLICY

No travel is anticipated under this contract. In the event travel requirements are necessary for contractor employees, the contractor shall comply with the guidance in FAR 31.205-46 using the regulations specified below:

1. Federal Travel Regulations (FTR) - prescribed by the GSA, for travel in the contiguous U.S.

2. Joint Travel Regulations (JTR), Volume 2, DoD Civilian Personnel, Appendix A - prescribed by the

Department of Defense, for travel in Alaska, Hawaii, and outlying areas of the U.S.

3. Department of State Standardized Regulations (DSSR) (Government Civilians, Foreign Areas), Section

925, "Maximum Travel Per Diem Allowances for Foreign Areas" - prescribed by the Department of State, for travel in areas not covered in the FTR or JTR.

15F06723R0000050 Page 14 of 31

H.22 SECURITY CLEARANCE REQUIREMENTS

Unless otherwise specified, the Contractor must submit to the Security Point of Contact within 10 workdays after award, name, and date of birth, place of birth, telephone number, e-mail address, and social security number of all employees that require access to the site. An SF-86 will be initiated via internet utilizing e-Qip to complete the FAA background investigation process. The Contractor will then receive an email with directions on how to proceed. Upon receiving an e- Qip invitation, the Contractor must have access to a computer to create an account, log in, and provide the information requested/required for investigation. Once started, there is a timeline to complete this process that must be met for the investigation to proceed. Failure to meet this deadline could result in delays, or restart of the process, affecting the applicant’s ability to work on the contract.

Additionally, applicants must be made available for fingerprinting prior to final adjudication.

The Facility Access Approval (FAA) grants access to individuals who require routine or recurring unescorted physical access to FBI facilities but do not require access to NSI or FBI systems. An FAA is not a security clearance. The FAA grants an individual unescorted access to FBI space. It does not grant unescorted access to Sensitive Compartmented Information Facilities (SCIFs).

Upon receipt of favorable suitability determination as indicated herein, each employee of the Contractor will be issued a photo identification badge. At all times while working on the contract, a Contract employee, including sub-contractor employees, must have in his/her possession the specific Government identification credential issued to them by the Government. The identification credential shall be displayed above the waist and be visible at all times while on Government property. The COR, FBI personnel designated by him/ her, Government law enforcement, or security personnel shall periodically verify passes of Contractor employees with their personnel identification. Contractor employees shall comply with security verification procedures at all times.

The Contractor shall see that every contract employee has a Government issued identification credential before the employee enters on duty. As required by the Government, the Contractor shall make his employees available for photo identification badges, on a schedule to be worked out with the COR. The Government will make the identification credentials badges after a favorable security determination has been received for the Contractor’s employees.

The Contractor shall be responsible for ensuring that all identification credentials are returned to the COR as his employees leave the contract (contract is completed, employees leave employment of the company, employees are dismissed or terminated). The Contractor shall notify the COR when employee badges are lost.

H.23 ESCORT REQUIREMENTS

It may be necessary to escort temporary contract employees that do not have favorable preliminary or final suitability determinations and must work in federally controlled space. In those cases, ALL uncleared contract employees must be escorted in non-public space by a cleared contract employee.

The Government will not be responsible for escorting uncleared personnel. Approved cleared contract employees that provide escorts for uncleared contract employees must always be in close proximity and eyesight of the uncleared contract employee. The escort must watch uncleared employees and remain with uncleared contract employees for the entire time they are in the building and/or federally controlled space.

An uncleared employee cannot be left alone or out of eyesight at any time they are in non-public space. A cleared and approved escort must not bring several uncleared contract employees, into Federally controlled space, that are not within close proximity or eyesight at all times. A cleared and approved escort must not have multiple uncleared employees in non-public space on different parts of one floor or different floors at the same time. Any security violation of escort requirements by a cleared and approved contract employee will result in immediate removal from the contract of all contract employees involved, i.e., escorts and uncleared escorted contract employees. Also, violations of escort requirements by contract employees in accordance with security requirements may be grounds for termination of the contract.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor shall be responsible for ensuring their employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized. Each employee must adhere to standards of behavior that reflect favorably on his/her employer, and the Federal Government. No smoking is allowed in the building.

15F06723R0000050 Page 15 of 31

H.24 REMOVAL OF PERSONNEL

Under the following conditions, the Government may request the Contractor to immediately remove any employee(s) from the work site. When the Government determines such employee to be incompetent, careless, insubordinate, unsuitable, or otherwise objectionable; or whose continued employment the Government deems contrary to the public interest, inconsistent with the best interests of security, or is identified as a potential threat to the health, safety, security, general wellbeing or operational mission of the facility and its population.

The Government may also request the Contractor to immediately remove any employee(s) from the work site(s) should it be determined that individuals are being assigned to duty who have been disqualified for either suitability or security reasons, or who are found to be unfit for performing duties during their tour(s) of duty. Contractor employees who are removed from contract work shall be required to leave the work site immediately.

The Contractor must comply with any removal request. For clarification, a determination to remove an employee will be made for, but is not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency as set forth below:

1. Failure to receive a suitability determination, temporary clearance, or clearance from the FBI.

2. Violation of Federal, State, or local law.

3. Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 CFR 101-20.3. This includes the carrying or possession of explosives, or items intended to be used to fabricate an explosive or incendiary device.

4. Neglect of duty, including sleeping while on duty, unreasonable delays, or failure to carry out assigned tasks, conducting personal affairs during official time, refusing to render assistance, or cooperate in upholding the integrity of the security program at the work

5. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

6. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, fighting, or participation in disruptive activities, which interferes with the normal efficient operations of the Government.

7. Theft, vandalism, immoral conduct, or any other criminal actions.

8. Selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects while in or on federally controlled property.

9. Improper use of Government identification.

10.Unauthorized use of communication equipment on Government property.

11.Violation of security procedures or regulations.

12.Violation of Title 18, U.S.C., Section 930, which prohibits the knowing possession or the causing to be present of firearms or other dangerous weapons in Federal facilities and Court The Contracting Officer will make all determinations regarding the removal of any employee(s) from work site(s), except under certain conditions. When a Contracting Officer is not available, either during the day or after hours, or in situations where a delay would not be in the best interest of the Government or is identified as a potential threat to the health, safety, security, general wellbeing or operational mission of the facility and its population, the Contracting Officer’s Representative will have the authority to immediately remove the contract employee from the work site.

Law enforcement officers of the DHS/ICE/Federal Protective Service will have the authority to immediately remove any contract employee from the work site who is found to be in violation of any of the items mentioned above and where a delay in removal would not be in the best interest of the Government, security, or is identified as a potential threat to the health, safety, security, general wellbeing or operational mission of the facility and its population.

The Contracting Officer will be notified as soon after the incident as practical or at the beginning of the next business day if an action happened after hours. The Contracting Officer will make all official notifications to the Contractor.

In the event of a dispute, the Contracting Officer will make a final determination. Specific reasons for removal of an employee(s) will be provided to the Contractor in writing. Departure of Contractor employees for quitting/

15F06723R0000050 Page 16 of 31 resigning, termination/dismissal, transferring, or etc. requires the employee have a security debriefing on his or her last day at the FBI facility by a Security Officer.

The Contractor shall be responsible for providing replacement employees in cases where contract employees are removed from working at the work site or on the contract.

H.25 GOVERNMENT RESPONSIBILITIES

The Government shall provide, at no cost to the Contractor, adequate storage, and office rooms for the use of the Contractor as storage and required office space. The Contractor shall assume responsibility and accountability for the use of the facilities provided and shall take adequate precautions to prevent fire hazards, odors, and vermin. Janitorial services for Government furnished facilities shall be the responsibility of the Contractor. The Contractor shall obtain written approval from the COR prior to making any modifications or alterations to the facilities.

Any such modifications or alterations approved by the Government will be made at the expense of the Contractor.

The Government shall provide space for the storage of supplies, parts, and equipment, to include custodial closets, where available, throughout the buildings. The Government will not be responsible for the damage or loss of supplies, parts, or equipment.

All facilities shall be returned to the Government in the same condition as received, except for reasonable wear and tear. The Contractor shall be held responsible for the cost of any repairs caused by negligence or abuse of Contractor employees.

The Contractor has the option to reject any or all Government furnished property. However, if use of Government furnished property is rejected, Contractor shall provide all necessary property, equipment or items, adequate in quantity and suitable for the intended purpose, to perform all work and provide all services at no additional cost to the Government. The Contractor also has the option to return any Government furnished property that is not required for the performance of contract work.