APPLE-RFP-4.13.22.pdf

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

REQUEST FOR PROPOSAL

Solicitation No.: 15F06722R0000032A

Brand Name - Apple IT Equipment IDIQ

April 13, 2022

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - Intentionally left blank

SECTION B - SUPPLIES OR SERVICES AND PRICES

B.1 - DESCRIPTION OF SUPPLIES

B.2 - TYPE OF CONTRACT

B.2.1 - Contract Line-Item Number (CLIN) Structure

B.3 - CONTRACT AND ORDER LIMITATIONS

B.4 - PRICING/FIVE (5) YEAR ESTIMATED CONTRACT TOTAL

SECTION C - DESCRIPTION/ BACKGROUND/ASSET TAGING

C.1 - GENERAL DESCRIPTION

C.2 - BACKGROUND

C.3 - ASSET TAGING

C.4 - REPORTS

SECTION D - PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

D.2 - MINIMIZING ACQUISITION SECURITY RISKS IN DELIVERIES

SECTION E - INSPECTION AND ACCEPTANCE

E.1 - QUALITY ASSURANCE

E.2 - WARRANTIES

SECTION F - DELIVERIES AND PERFORMANCE

F.1 - PERIOD OF PERFORMANCE

F.2 - DELIVERY SCHEDULE

F.3 - F.O.B. DESTINTION

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 - CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

G.2 - ADMINISTRATIVE CONTRACTING OFFICER (ACO)

G.3 - ORDERING

G.4 - INVOICING REQUIEREMENTS

G.5 - SMALL BUSINESS ACCELERATED PAYMENTS

G.6 - PAYMENT

G.7 - WITHHOLDING OF CONTRACT PAYMENTS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 - DISCLOSURE OF DATA UNDER FOIA

H.2 - CORPORATE REPRESENTATION REGARDING FELONY CONVICTION

UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY

H.3 - CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENT OR

STATEMENTS PROHIBITING OR RESTRICTING REPORTING OF WASTE,

FRAUD, AND ABUSE

H.4 - GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

H.5 - ACCESS TO FEDERAL BUREAU OF INVESTIGATION LOCATIONS

H.6 - CONTRACTOR SUITABILITY REQUIERMENT

H.7 - WARRANTLESS SEARCH

H.8 - DOJ RESIDENCY REQUIREMENT

H.9 - DISRUPTION TO THE SCHEDULE

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 - CLAUSES INCORPORATED BY REFERENCE

I.2 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

I.3 - BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS

I.4 - ECONOMIC PRICE ADJUSTMENT-STANDARD SUPPLIES

I.5 - ORDERING

I.6 - ORDER LIMITATIONS

I.7 - INDEFINITE QUANTITY

I.8 - OPTION TO EXTEND THE TERM OF THE CONTRACT

I.9 - CONTINUING CONTRACT PERFORMANCE DURINGA PANDEMIC

INFLUENZA OR OTHER NATIONAL EMERGENCY

I.10 - ALTERATIONS IN CONTRACT

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

ATTACHMENT #1 - PRICING MATRIX

ATTACHMENT #2 - BRAND NAME JUSTIFICATION

ATTACHMENT #3 - PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT #4 - SELF-CERTIFYING DOCUMENT

ATTACHMENT #5 - SHIPPING REPORT

ATTACHMENT #6 - SBA INDIVIDUAL WAIVER OF THE NONMANUFACTURER RULE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 - INFORMATION REGARDING RESPONSIBILITY MATTERS

K.2 - CERTIFICATION REGARDING TAX MATTERS

K.3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 - SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 - REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

L.3 - COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION

L.4 - TYPE OF CONTRACT

L.5 - ALTERATIONS IN SOLICITATRION

L.6 - NON-U.S. CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION

TECHNOLOGY (IT) SYSTEMS

L.7 - PROPOSAL REQUIERMENTS AND PROPOSAL SUBMISSIONS

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 - EVALUATION FACTORS

M.2 - AWARD

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 DESCRIPTION OF SUPPLIES

Contractor shall provide Brand Name Only for all Apple products and Brand Name or Equal for all other products listed in Attachment-1, Pricing Matrix, under the policies and procedures prescribed in Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with Part 15, Contracting by Negotiations.

Contractor shall be an “authorized reseller” of Apple Brand Name products. Only contractors who are authorized resellers will be considered. Certificate or authorization letter shall be submitted with proposal. Proposals submitted without an Original Equipment Manufacturer (OEM) authorized reseller letter shall not be considered for award.

B.2 TYPE OF CONTRACT

This contract will be structured as a Firm-Fixed-Price, Indefinite-Delivery Indefinite-Quantity (IDIQ), type contract for one (1) base year and four (4) possible/exercisable one-year option periods. Contract will be awarded on an all or none basis as a commercial purchase, no partial proposals will be considered, and no partial awards will be made. The Government anticipates placing multiple delivery orders against this IDIQ contract with multiple destinations.

B.2.1 Contract Line-Item Number (CLIN) Structure

The CLIN structure for this contract shall be as stated below.

Line Description Unit Qty. Total Price

0001 IT Products - See Attachment-1 Pricing Matrix Base Year

EA

1001 IT Products - See Attachment-1 Pricing Matrix

OY-1

EA

2001 IT Products - See Attachment-1 Pricing Matrix

OY-2

EA

3001 IT Products - See Attachment-1 Pricing Matrix

OY-3

EA

4001 IT Products - See Attachment-1 Pricing Matrix

OY-4

EA

B.3 CONTRACT AND ORDER LIMITATIONS

Delivery shall be made only as authorized on orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies specified in the Pricing Matrix, not to exceed the “maximum”, here by established as $24,000,000.00 over the life of the contract. The Government shall order at least the quantity of supplies or services designated as the “minimum,” hereby established as $25,000.00 over the life of the contract. The guaranteed order amount for the life of the contract is $25,000.00.

The government shall not be required to purchase from the Offeror any additional quantities after the initial guaranteed minimum. The obligation of funds and specific quantities will be ordered through individual delivery orders or the Government Purchase Card (GPC) Program.

If GPC is used, all costs associated with its use shall be included in the total of this RFP.

Delivery orders placed against this IDIQ contract will require the requestor to “self-certify” that their request falls under the attached Brand Name Justification (Attachment #2).

Utilization of this contract is not mandatory; however, any CO from FBI or other DOJ entities may place an order against it.

If the vendor/manufacturer offers a promotion at a price that is lower than the price established in the contract, the FBI shall receive the lower promotional price if the order is placed during the promotional period. The Government reserves the right to negotiate further discounts directly with the OEM should it be beneficial to the Government.

This Request for Proposal (RFP) is being conducted as a total set-aside for small business concerns. Only proposals submitted by small business concerns will be accepted by the Government. Any proposal that is submitted by a contractor that is not a small business concern, verified in SAM.gov, will not be considered for award. The North American Industry Classification System (NAICS) to 334111,Electronic Computer Manufacturing, with a small business size standard of 1,250 employees.

B.4 PRICING/FIVE (5) YEAR ESTIMATED CONTRACT COST

Price proposals shall be submitted using the Pricing Matrix provided in this solicitation. Please refer to Section J, List of Attachments, Attachment-1 of the solicitation package.

[End of Section]

SECTION C – DESCRIPTION/ BACKGROUND/ASSET TAGING

C.1 GENERAL DESCRIPTION

The Federal Bureau of Investigation (FBI) is the federal government's principal agency responsible for investigating more than 260 Federal statutes violations. As an investigative branch of the United States Department of Justice, FBI personnel, in the execution of their responsibilities, may be involved in high threat cyber security assignments where specific information technology equipment is critical to meet the needs of their mission.

The FBI uses multiple brands and operating systems to perform forensic analysis and investigative procedures. These include Microsoft Windows, Apple macOS, Apple iOS, Linux, and Android.

Each operating system provides the cyber investigator with specific functionality on certain devices.

For example, Microsoft Windows allows for analysis of cellphone devices and Windows-based computer systems because most forensic software programs for analyzing these devices are only built for Windows. The Linux operating system supports research on EFG-QRS devices and the safe analysis of malicious software, commonly referred to as malware. The Android and Apple iOS operating systems allow the FBI to execute malicious mobile targeted software and test real-world devices to discover how they work, including the forensic artifacts created on the devices. In contrast, Apple macOS enables the FBI to analyze devices that run on all three systems: Android, Apple, and Windows.

Due to the reasons stated above and noted in the attached Brand Name Justification document, the

FBI has a need to acquire Apple brand name only products as well as the Apple compatible products listed in the attached Pricing Matrix.

To be considered for award, vendors shall provide pricing for all products requested in the attached Pricing Matrix. If a product becomes "End of Life," or additional required Apple products become available during the five-year agreement, the new Apple product replacing it shall be added to the contract once the Contracting Officer (CO) has negotiated the price and determines the price to be fair and reasonable.

C.2 BACKGROUND

The field of computer forensics investigations is rapidly growing. It requires forensic examiners to have robust solutions to conduct forensic imaging, malware analysis, perform live data acquisition and targeted data collection. As a result, the FBI requires keeping pace with performing forensically sound methods and using the most up-to-date operating systems, especially when investigative cases hinge on discovering signatures or unique data points.

Many forensic tools on the market are niche and require macOS to operate due to the processing speed found in Apple products, namely with the November 2020 release of the company’s first-ever in-house silicon: Apple M1 chip. The M1 has been deemed the most powerful chip found in laptops and desktops that are available for the price. The same chip also surpassed benchmark scores with top-end Intel-powered models. In addition, many applications were natively engineered for the new processing chip.

The FBI requires a computer platform that allows case agents the ability to open and run files that only operate on Apple macOS, which also interoperates well with both Windows and Linux servers providing case agents with a single platform to conduct cyber investigations.

Case agents also require having administrative control over the operating system on standalone platforms as cyber investigations require a myriad of computer functions regularly basis to process digital evidence collection. The vast quantity of data produced from this collection necessitates the use of custom scripts to find important data points to advance casework. Case agents require proprietary applications and forensic software packages that only utilize Apple macOS to process this digital forensic evidence. Apple products help the FBI meet these requirements and needs.

C.3 ASSET TAGGING

The contractor shall be provided ranges of Barcode numbers (i.e.F2275628) for asset tagging, to be attached to each purchase that is not considered an accessory, for example a keyboard, mouse, or stylus.

The contractor shall ensure that the barcodes:

1) Are affixed to the front face of the product

2) Are affixed to the component prior to packaging and shipment

3) Are not affixed to a removable faceplate

4) Dimensions are: 1 x 1.5 w/.25 slit; polyester material; shiny laminate; rounded corners; height .75 and .25.

5) Do not reference the FBI on the barcode

The contractor shall ensure each barcode, if applicable, shall be retained in a cross-referenced data file. The data file shall include model, date of warranty coverage, serial number, and assigned FBI property number and delivery location.

C.4 REPORTS

The contractor shall provide the attached monthly shipping report (Attachment-5 Shipping Report) to the Contracting Officer within five (5) calendar days after the end of the month during which product was ordered. The report shall include:

• IDIQ Contract Number

• Period of Performance (ex: Base Year/Month

• List of individual delivery orders and GPC orders “ACCEPTED” during the month for each authorized buyer (include delivery order number & dollar value of order).

o Note: “ ACCEPTED” refers to an order that has been received during the month, regardless if the order shipped. When an order has been received/accepted by the Contractor, the maximum, not to exceed, contract value is impacted.

• Total dollar value of all accepted orders during the month (combined monthly figure).

• Total dollar value of accepted orders to date (current month figure combined with previous months) under the contract.

• Ordering Office

• Requestor Name

• Delivery POC

• Attn. To (if not the Delivery POC)

• Phone Number

• Email Address

• Delivery Address

• Attn. To Bldg. (if not the delivery address)

• City

• State

• Zip Code

• Product Description

• Qty. Ordered

• Unit Price

• Total Unit Price

• Mfr. Configure to Order Number (CTO)

• Asset Tagging No. (“F” No.)

• PO Line No.

• Qty. Shipped

• Qty. Remaining to be Shipped

• Shipped Date

• Tracking No.

It is preferred that this information be provided using the attached Microsoft Excel document.

Contractor may use a spreadsheet of their own making and it shall contain all the above-listed information.

If the monthly report is not provided within five (5) calendar days after the end of the month as required, a written explanation as to why the report is tardy shall be provided with the monthly report.

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

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.

Deliveries under this contract shall not be shipped directly from the OEM to the FBI.

The contractor shall receive all deliveries directly from the OEM at the contractor's facility or distribution center. The contractor's facility or distribution center shall be located within the U.S. Once received, the contractor shall asst tag all products according to the directions listed in C.3, Asset Tagging. After the asset tags have been applied, the contractor shall coordinate delivery to the appropriate FBI location and point of contact (Point of Contact) with the ordering customer.

The Contractor shall place both the contract and delivery order number on or adjacent to the exterior shipping label as well as the shipping POC.

Contractor shall be capable of tracking delivery orders sold and shipped under the contract and shall supply this information to the COR and the delivery POC for tracking purposes.

D.2 Minimizing Acquisition Security Risks in Deliveries (FBI 52.247-5000)

As identified by the Contracting Officer in conjunction with the Office of Chief Information Office’s Supply Chain Risk Management Unit, insert the following clause in accordance with

FAR 47.305-11 – Minimizing Acquisition Security Risks in Deliveries (SEP 2020)

Contractors shall diligently count and examine all goods tendered for shipment, and receipt for them from foreign suppliers prior to shipment to the Federal Government. Orders issued by the awardee to foreign entity suppliers may NOT directly ship supplies to the Federal Bureau of Investigation. Final delivery of goods shall be completed from the awardee’s domestic offices and supply centers to the FBI.

The contractor shall ensure that orders do not mention the words “Federal Bureau of Investigation” or the acronym “FBI” in any shipping instructions provided to the foreign entity supplier. The addressee shall be identified as “United States Government” or “United States Department of Justice” or, as directed by the Contracting Officer, an entity identifier with no reference to the Government.

These precautions with respect to shipping labels and addresses pertain to the delivery of supplies to a facility owned, leased, or controlled by the U.S. Government.

Contractors should price their offers to include and accommodate any costs generated by these shipping arrangements. Offerors should make full disclosure in their offers as to how they intend to implement the shipping and delivery supplies in accordance with restrictions cited above.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 QUALITY ASSURANCE

The Government shall monitor customer satisfaction by tracking shipments. The satisfactory delivery of each delivery order will be closely monitored and tracked by the COR. Items tracked include: timely delivery of supplies; accuracy of order; and condition of delivery upon receipt.

E.2 WARRANTIES

Hard Drive Retention Service - In the event a hard drive fails, the FBI reserves the right to maintain possession of the defective hard drive and shall solely be responsible for its destruction.

The Contractor warrants all products purchased under this contract to be free of manufacturing defects for one year and of merchantable quality within the meaning of the Uniform Commercial Code.

SECTION F – DELIVERIES AND PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The anticipated performance period shall be a twelve (12) month base period, to begin on the date of award, with four (4) potential exercisable one-year option periods. The contract is not to exceed five years total or the ceiling of $24,000,000, whichever occurs first. The contractor shall be an “authorized reseller” of the requested Apple and Apple compatible products listed in the attached Price Matrix. The contractor shall be registered in SAM.gov as a small business under NAICS code 334118. Contractor shall be a registered small business at time of award and shall be considered small for the life of the IDIQ.

Anticipated POP Base Year: 05/01/2022 - 04/29/2023

Option years if exercised Option Year-1: 05/01/2023 - 04/30/2024 Option Year-2: 05/01/2024 - 02/30/2025 Option Year-3: 05/01/2025 - 02/30/2026 Option Year-4: 05/01/2026 - 02/30/2027

F.2 DELIVERY SCHEDULE

Deliveries under this contract shall not be shipped directly from the OEM to the FBI.

The contractor shall receive all deliveries directly from the OEM at the contractor's facility or distribution center. The contractor's facility or distribution center shall be located within the U.S. Once received, the contractor shall asst tag all products according to the directions listed in C.3, Asset Tagging. After the asset tags have been applied, the contractor shall coordinate delivery to the appropriate FBI location and point of contact (Point of Contact) with the ordering customer.

Deliveries from the contractor to the FBI All deliveries for this contract shall be shipped FOB Destination to CONUS and OCONUS (only includes San Juan, St. Thomas/All U.S. Virgin Islands, Alaska, and Hawaii).

• Contractor shall coordinate the appropriate FBI location and Delivery POC with the ordering customer.

• The carrier shall provide a 48-hour notification to the FBI delivery POC prior to delivery.

• Contractor shall place the contract and delivery order number on or adjacent to the exterior shipping label.

• Packaging and marking of all items shall be in accordance with commercial practices and adequate to ensure acceptance by common carrier and safe arrival at destination.

• Packing slip shall be included per box.

• Delivery of all items under this agreement shall be accompanied by a signed delivery receipt or sales slip.

• Deliveries shall be made within 60 days after Receipt of Order (ARO)

If delivery cannot be made within the 60-day ARO time frame, the contractor shall forward notification with a detailed reason for non-shipment to the CO, COR, and the Delivery POC

F.3 F.O.B. DESTINATION (52.247-34) (NOV 1991)

(a) The term "F.O.B. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee.

If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall;

(1) Pack and mark the shipment to comply with contract specifications; or in the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

SECTION G – CONTRACT ADMINISTRATION

G.1 JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JAN 1985)

A. An individual that shall be named after contract award is hereby designated to act as the

Contracting Officer’s Representative (COR) under this contract.

B. 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.

C. 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)

G.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.

G.3 ORDERING

In accordance with Federal Acquisition Regulation (FAR) 16.505, Ordering, and the clause at 52.216-18, Ordering, any supplies to be furnished under these contracts shall be ordered by issuance of delivery orders by entities authorized under the contract.

The Contractor shall provide a single point of contact (POC) to the CO and COR for the Contract. This single point of contact shall provide the CO and COR with information regarding all delivery orders made under this contract.

G.4 INVOICING REQUIREMENTS

All invoices will be submitted through the electronic invoicing system, the Invoice Processing Platform (IPP). Contractor shall be registered in IPP. To learn more about IPP, please visit IPP.gov.

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. 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".

G.5 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.

G.6 PAYMENT

Payment will be made by the FBI’s Commercial Payments Unit (CPU) in accordance with the Prompt Payment Act upon COR certification of receipt of supplies.

G.7 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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with 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 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 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION UNDER ANY

FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY – SOLICITATION (DEVIATION

2015-02) (MARCH 2015)

(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By submitting a response to this solicitation, the offeror represents that, as of the date of this offer –

1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

H.3 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE-

SOLICITATION (DEVIATION 2015-02) (MARCH 2015)

None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

H.4 GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

The government shall have unlimited rights, as delineated in the FAR clause Rights in data-special works (52.227-17), to all documentation and other data developed by the Contractor under this contract.

The Contractor shall not duplicate or disclose in any manner, for any purpose whatsoever, or have or permit others to do so, any documentation or other data developed and/or obtained by the Contractor under this contract. Any publications, presentations and other release of information regarding this contract must be pre-approved by the Contracting Officer.

H.5 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.6 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.7 WARRANTLESS SEARCH - CONTRACT SECURITY REQUIREMENTS

All cleared personnel accessing information within FBI controlled space are required to execute an FBI Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces as a condition of working at FBI facilities. The FBI's Director implemented the Attorney General's policy subjecting employees to warrantless physical searches of their offices or immediate workplaces within DOJ premises when authorized by the Attorney General (AG) or the Deputy Attorney General (DAG) based upon a determination that information the Department deems credible indicates that the employee:

1) is, or may be, disclosing classified information in an unauthorized manner;

2) has incurred excessive indebtedness or has acquired a level of affluence that cannot be reasonably explained by other information;

3) had the capability and opportunity to disclose classified information that is believed to have been lost or compromised to a foreign power or an agent of a foreign power; or

4) has repeatedly or significantly mishandled or improperly stored classified information. The search may extend to the entire office or workplace and anything within it that might hold classified information, including locked containers (such as briefcases) and electronic storage media (such as computer disk and handheld computers), whether owned by the government, by the employee, or by a third party. The search may be conducted by appropriate FBI personnel and/or law enforcement officers, on an announced or unannounced basis, during the workday or after hours. If discovered during a search, evidence of misconduct - whether related to storage or classified information, storage of sensitive but unclassified information, or a crime - will be collected and reported to appropriate authorities. Contractor personnel who will meet the above criteria will be required to sign Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces (attached) upon award and forward the executed form(s) to the assigned Contracting Officer's Representative designated in Section G of the solicitation if this is a formal solicitation or listed below. All forms will be retained by the FBI during the period the individual is providing services and two years after that individual's departure before final disposition is taken.

H.8 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.9 DISRUPTION TO THE SCHEDULE

The Contractor shall notify the COR at any time when there is or may be a disruption of any type which would delay any deliveries under the schedule. Such notification shall be provided to the COR by telephone, as soon as the situation is known to the Contractor and shall be followed up in writing to both the COR and Contracting Officer within five (5) days.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 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):

https://www.acquisition.gov/far/

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.202-1 DEFINITIONS NOV 2013

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL JAN 2017

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE OCT 2016

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2016

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE AUG 2020

MAINTENANCE

52.212-4 CONTRACT TERMS & CONDITIONS – JAN 2017

COMMERCIAL ITEMS

52.227-17 RIGHTS IN DATA-SPECIAL WORKS DEC 2007

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-25 PROMPT PAYMENT JAN 2017

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.204-19 INCORPORATION BY REFERENCE OF DEC 2014

REPRESENTATIONS AND CERTIFICATIONS

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS

52.233-1 DISPUTES MAY 2014

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

https://www.acquisition.gov/far/

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (Jul 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) ( 41U.S.C.4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN

2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN

2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR

2020) (15 U.S.C. 657a).

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607 https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214 https://www.acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) of 52.219- 6 (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6 .

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR

2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT

2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv)Alternate III (JUN 2020) of 52.219-9.

__ (v)Alternate IV (JUN 2020) of 52.219-9 __ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN

1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (MAR 2020) (15 U.S.C. 657f).

__ (22)(i) 52.219-28, Post Award Small Business Program Representation (MAY

2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715 https://www.acquisition.gov/content/52219-14-limitations-subcontracting#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-16-liquidated-damages-subcontracting-plan#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-27-notice-service-disabled-veteran-owned-small-business-set-aside#i1057823 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874 https://www.acquisition.gov/content/52219-29-notice-set-aside-or-sole-source-award-economically-disadvantaged-women-owned-small-business-concerns#i1057902 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-30-notice-set-aside-or-sole-source-award-women-owned-small-business-concerns-eligible-under-women-owned-small-business-program#i1057947 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/content/52222-3-convict-labor#i1055332 https://www.acquisition.gov/content/52222-19-child-labor-cooperation-authorities-and-remedies#i1055664 https://www.acquisition.gov/content/52222-21-prohibition-segregated-facilities#i1055713 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim

__ (ii) Alternate I (JUL 2014) of…