Audio Visual Maintenance Fin 6-22.docx

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

Request for Quotation (RFQ)

RFQ-0002922

Date: June 22, 2020

From: Federal Bureau of Investigation (FBI)/ Finance Division

Subject: Audio Visual Equipment Maintenance

The FBI Procurement Section is issuing this RFQ to solicit for the purchase audio visual equipment maintenance for the FBI’s Terrorist Screening Center (TSC).

Contractors interested in competing for this effort may participate by submitting quotes in accordance with the procedures set forth in this RFQ.

RSVP for Site Survey: 06/30/2020 11:00 am CENTRAL Site Survey Date: TBD Questions to the Contracting Officer Are Due: 07/17/2020 11:00 am CENTRAL

Quotes Must Be Submitted No Later Than: 07/27/2020 11:00 am CENTRAL

REQUEST FOR QUOTE (RFQ)

RFQ-0002922

In support of:

TERRORIST SCREENING CENTER (TSC)

NAICS Code: 811211 Small Business Standard: $11.0 Million Conducted Under FAR PART 12 and 13

Issued by:

U.S Department of Justice Federal Bureau of Investigation Information Technology Acquisitions Unit (ITAU) 4940 Fowler Road Huntsville, AL 35898

June 22, 2020

1.0 SUPPLIES OR SERVICES AND PRICES

1.1 GENERAL DESCRIPTION

The Federal Bureau of Investigation’s (FBI), Terrorist Screening Center (TSC) has a requirement for an experienced service provider to provide regular maintenance and technical support for the audio/visual (AV) equipment that they currently possess.

2.0 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

2.1 PURPOSE

The purpose of this RFQ is to award a contract for AV equipment maintenance for the TSC for one twelve (12) month base period and four (4) twelve (12) month option periods. The main objectives of this contract will be to:

1. Maintain Current AV System through adaptive, corrective, and preventive maintenance to include enhancements as needed for end of life products to mitigate future downtime.

2. Minimize AV system downtime. Maximize the lifespan of the AV systems through preventative maintenance requirements and best practices.

3. Minimize the time required to effect repairs to AV systems when a failure occurs by providing rapid on-site, telephone, and e-mail support, as well as expedited replacement parts.

4. Proactively replace eighteen (18) end of life IPTV set top boxes to mitigate future downtime.

5. Prevent unexpected costs and delays by leveraging warranties and a firm fixed price contract.

2.2 BACKGROUND

1. The TSC utilizes a variety of audio/visual (AV) equipment for training presentations, meetings, audio teleconferencing, video teleconferencing, and Internet Protocol Television (IPTV) in the course of its daily mission. This equipment includes, but is not limited to AMX controllers, polycom codecs, projectors, displays, microphones, speakers, Pan/Tilt/Zoom (PTZ) cameras, a vBrick IPTV system, and IPTV set top boxes.

2.3 SCOPE OF WORK

The Contractor shall provide all personnel, equipment, facilities, tools, materials, supervision, and other items and services necessary to provide AV equipment maintenance services for the TSC as defined in this RFQ.

The Contractor shall not perform any Inherently Governmental Functions (IGF) in accordance with the Office of Management and Budget, Office of Federal Procurement Policy, Policy Letter 11-01, Performance of Inherently Governmental and Critical Functions (Published in the Federal Register / Volume 76, No. 176 / Monday, Sept 12, 2011 / Notices) and the Federal Acquisition Regulation (FAR) Sub Part 7.5. Whenever a Contractor employee is participating in a situation where it may be assumed that he or she is an FBI employee, the Contractor employee shall identify themselves as a Contractor. If during the course of work, any activity that appears to be an IGF, it shall be brought to the attention of the Contracting Officer (CO).

This will be a non-personal services contract. The Government shall not exercise any super vision or control over Contractor employees performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

The following services are required:

· The Contractor shall ensure proper working order of all the systems, equipment, components, cables, connections, and devices in the following rooms at the TSC:

1. Conference room 1103

2. Conference room 1105

3. Multipurpose room 1150

4. Conference room 2255

5. Conference room 3342

6. Conference room 3300

7. Internet Protocol Television (IPTV) As well as at the TSC West site in Clarksburg, WV:

8. Video Wall System

9. Conference room 105

10. Conference room 109

· The attached AV Equipment List (Section 2.12, Attachment #2) is provided for reference. This list is not all inclusive. Services in this SOW shall apply to all equipment located in the specified rooms.

· All services in this contract shall apply to the vBrick IPTV system equipment, components, accessories, and peripherals. Ethernet cabling between the IPTV system and set top boxes is excluded from this scope.

· All services in this SOW shall apply to all IPTV set top boxes (STBs) located at the TSC up to a total quantity of 100. The Government may install, uninstall, or relocate IPTV STBs at its discretion at any time at the TSC. There are no STBs at the TSC West location.

· Government furnished computers are excluded from the scope of this contract.

· The Contractor shall prevent and/or correct equipment failures. It is the service provider’s responsibility to ensure that services are functional and available for the customer.

· The FBI requires the flexibility to expand services to include new equipment and to remove equipment that is deemed no longer necessary via bilateral modification to the RFQ

2.3.1 On-Site Support

· The contractor shall provide on-site support for malfunctions, failures, troubleshooting, repairs, and replacements.

· The contractor shall perform on-site support only during normal hours. The TSC may waive this requirement on a case-by-case basis.

· When on-site support is required, the contractor shall arrive on-site to begin work within 24 hours of notification by the TSC.

· If the room requiring on-site support is not immediately available due to scheduling conflicts, the TSC will waive the 24-hour requirement on a case-by-case basis. Under this circumstance, the contractor must arrive on-site to begin work on an alternate date and time as mutually agreed upon by the Government and the contractor.

2.3.2 Coordination of On-Site Services

The Contractor shall coordinate date, time, and personnel roster for all on-site visits in advance with the government. This coordination includes scheduling, room availability, security requirements, and access to the facility. All contractor personnel must be escorted by FBI personnel at all times within FBI facilities.

All contractor personnel accessing FBI facilities in support of this contract must successfully pass a limited background investigation (LBI) prior to being granted escorted access. The contractor shall ensure it has a sufficient number of LBI cleared personnel to meet the requirements of this SOW.

2.3.3 Preventative Maintenance

· The contractor shall provide on-site preventative maintenance (PM) in accordance with the equipment manufacturer’s recommendations or requirements. If the equipment manufacturer does not specify recommended or required PM, the contractor shall perform PM in accordance with industry best practices.

· The contractor shall schedule PM to take place quarterly. The Contractor must schedule quarterly PM on-site visits a minimum of 60 days in advance in coordination with the TSC Facilities Team.

· The contractor must perform PM only during normal hours.

· In addition to PM included in section 2.3.5, the contractor shall perform the following during each quarterly PM:

· Inspect all equipment for damage and wear

· Clean all equipment leaving it free of dust, dirt, and contaminants

· Test all equipment for proper control, function, routing of signals, audio quality, and video quality.

· Provide firmware and software updates in accordance with section 4.9 (Software and Firmware Updates).

· Report any abnormalities to the TSC Facilities Team

· The contractor shall provide a detailed report following each quarterly PM documenting actions taken and detailing any problems that are outside the scope of this contract.

2.3.4 Repairs and Replacements

· The contractor shall repair or replace any equipment that requires repair or replacement within 7 days of being notified of the problem by the TSC, or identifying the problem during the course of PM.

· If replacement or repair is not possible within 7 days due to manufacturer/product availability delays, the contractor must notify the TSC in writing of the delay and include a schedule identifying when the repair or replacement will take place.

· The contractor shall perform all controller programming changes and testing required as a result of replacing equipment.

· The contractor shall provide an in-house supply of four (4) projector bulbs to be kept at the TSC. Projector bulb replacement may be handled by the government’s on-site personnel, or by the Contractor. If the bulbs from the in-house supply are utilized, the contractor will provide additional bulbs to maintain an in-house quantity of four (4) bulbs.

· The contractor shall provide expedited shipping for any replacement parts.

· The contractor advance replacement of system components to minimize downtime.

2.3.5 Software and firmware updates

· The contractor shall provide all software and firmware upgrades in conjunction with PM, repairs, and replacements.

· The contractor shall perform all controller programming changes and testing required as a result of software and firmware upgrades.

2.3.6 Replacement of Amino IPTV Set Top Boxes

· The contractor shall replace all nineteen (19) existing Amino brand IPTV set top boxes with new Cable time MediaStar model 780-SL-POE set top boxes, including the MediaStar 710-IR remote control. The contractor shall provide the specified equipment, and all required parts and labor.

· This replacement shall take place within the first 6 months of the base year of this contract.

· The contractor shall perform all removal, installation, setup, programming, and connections required for each replacement on-site.

· This replacement may take place over the course of up to three (3) on-site visits.

· The Amino set top boxes will be disposed of by the Government and removed from the AV Equipment List as they are replaced.

2.3.7 Telephone and E-Mail Support

· The Contractor shall provide unlimited telephone and e-mail support to the TSC during normal hours.

· The Contractor must respond, beginning to provide technical support within two (2) hours of a telephone or email request for support.

· The Contractor shall have a web-based ticketing system for opening and tracking customer calls for service. The Contractor shall provide access to three (3) government personnel to utilize the system on behalf of the government.

2.3.8 Contractor Provided Equipment

The Contractor shall replace any equipment that is found faulty or not working as needed in accordance with the contract.

2.3.9 Government Provided Equipment/Information (GFE/GFI)

The Government will give access to the Contractor to the Government Owned and operated equipment. The following items are also part of the GFE/GFI.

· The Government may add or terminate equipment and/or maintenance services in any room or location at no additional cost.

· Changes in equipment shall be tracked by the contractor so that changes all equipment can be placed on inventory as required.

· The Government will also provide guidance and answer technical questions.

2.3.10 Requirements During the Life of the Contract

Throughout the life of the contract the service provider shall:

· Continue to ensure proper working order of the system and equipment.

· Continue to provide the FBI with the ability to expand and remove services as the needs within the FBI change.

· Prevent and/or correct equipment failures.

2.3.11 Transition Period

The Contractor shall provide, as part of their response to this RFQ a transition plan detailing a plan of action and estimated completion time for knowledge transfer to take over all actions in accordance of this contract. In the event that the contract is awarded to a Contractor other than the incumbent, the Government will allow for a transition period to prevent the disruption of service. The incumbent Contractor shall cooperate with the incoming Contractor to the extent necessary to ensure services are transferred over with minimal downtime.

2.3.12 Contractor Phase-In

During the Phase-in Period, the incoming Contractor shall accomplish, as practicable, tasks required to ensure a smooth transition, to include:

· Becoming thoroughly familiar with work requirements

· Completing personnel requirements including the hiring of personnel to assure satisfactory performance beginning on the operational performance start date

· Obtaining security checks and vehicle passes – if necessary

· The Contractor will be allowed access to government facilities to familiarize supervisors, key personnel and staff with existing equipment, work scheduling and procedures. The COR or Government representative will arrange the access to ensure interference does not occur.

2.3.13 Safety Concerns

The Contractor shall be responsible for compliance with OSHA standards and best practices for safety for the protection of their employees. The Government is not responsible for ensuring that Contractors comply with “personal” safety requirements that do not present the potential to damage Government resources.

2.3.14 Security General

This project is unclassified. However, FBI off-site facilities have strict security clearance and access requirements. The Contractor shall be able to obtain and maintain "escorted" access to the site POC information to obtain “escorted” access to the site will be provided to the Contractor upon award.

Escorted Clearance Requirements The following forms are required:

· SF-85 (guide as well as form provided as an attachment in Section 2.12)

· FD-857 (provided as an attachment in Section 2.12)

· FD-258 (fingerprint cards will be provided on-site at the Facilities Division (FD) Security Office)

1. For the purposes of this contract, all personnel access security matters shall be coordinated with the FBI's designated COR/Government representative.

2. Access to FBI facilities or property shall be granted only when such access is clearly consistent with the mission and responsibilities of the FBI. If, for any reason, a contractor or subcontractor employee is denied access to any FBI facility or property, the FBI will not disclose to the Contractor the reason for denial; nor will the FBI be liable for any expense in the replacement of the individual or any costs incurred by the Contractor as a result of such denial.

3. All FBI occupied facilities are high security facilities with strict requirements for access to and movement within the facilities for both persons and vehicles. The FBI reserves the right, at no additional cost to the FBI, to exclude or remove from any site or building any employee or agent of the Contractor or subcontractors that the FBI deems incompetent, careless, insubordinate, or who is otherwise objectionable, or fails to meet and obey security requirements. Persons who cannot produce acceptable identification, including those cleared for access but without proper identification and/or FBI Complex visitor badges in possession at the time, SHALL not be allowed to enter FBI occupied facilities.

4. The FBI SHALL not be liable for any direct and/or indirect costs and/or delays incurred by the Contractor or any subcontractor in the furnishing of required security information or in fully complying with the FBI's security requirements and procedures.

5. The Contractor agrees that no claim may be filed for delay of work due to Contractor or subcontractor employees failing to comply with/meet the FBI's security requirements.

6. The Contractor SHALL bear all responsibility for late, inadequate, or nonperformance because of denial of access to employees, subcontractors, or other individuals.

7. The Contractor SHALL allow for and advise subcontractors to allow for potential daily employee and/or delivery delays as a result of FBI security requirements and/or procedures. Delivery personnel SHALL fully comply with the FBI's security and access requirements and procedures. In addition, background and/or record checks on all contractor and subcontractor personnel SHALL be conducted by the FBI.

8. All necessary background data forms and paperwork are available upon request.

9. Security checks/background investigations, the scope of which SHALL be at the discretion of the FBI, SHALL be made by the FBI on all personnel working on this project. Falsification of the forms or violation of the facility security, safety or code of conduct requirements SHALL result in access to FBI occupied space and/or grounds being denied.

10. Contractor and subcontractor personnel SHALL be aware that willfully making a false statement or concealing a material fact constitutes a violation of Section 1001, Title 18, United States Code.

11. Random personnel and vehicle property inspections SHALL be conducted by FBI personnel at FBI occupied facilities.

12. Personnel movement within FBI occupied facilities and/or grounds SHALL be limited to those areas where work is actually being performed. Individuals found wandering/straying from work areas will be subject to revocation of access privileges.

13. Should the contractor or any subcontractor receive information regarding a contractor or subcontractor employee which may affect the access of that employee to an FBI occupied facility, i.e. knowledge of arrests, felony conviction, misdemeanor conviction, use of or addiction to drugs and/or chemicals, abuse of alcohol, indebtedness, a change in or treatment of mental health, or any behavior, activity or associations which tend to show that the individual is not reliable or trustworthy, etc.; the contractor SHALL advise the FBI immediately.

14. Contractor and subcontractor personnel having "escorted" access privileges to FBI Complex grounds shall be escorted at all times by at least one FBI employee.

15. "1 Time" Visitor Access - At the discretion of the FBI, 1 Day visitor access authorization lasting for no more than (1)8-hour workday to FBI Complex grounds may be granted. Under extenuating circumstances (note: the contractor's failure to reasonably plan ahead shall not constitute an "extenuating circumstance" for the purposes of this clause), the FBI shall consider - but does not guarantee - granting 1 day visitor access privileges to an individual(s) having a legitimate need for site access in connection to the performance of the services set forth herein. If" 1 Time" visitor privileges are granted by the FBI, such visitor;

a) Must be escorted at all times by contractor personnel having "unescorted access" privileges,

b) Will be excluded from consideration for another “1 time" visit for a minimum period of 1 year,

c) Will be subject to a background and/or records check by personnel at the FBI Complex East Security Station, and shall be a US Citizen only.

To request consideration for " one (1) Time" visitor access, the Contractor's security representative SHALL: Provide the FBI project security/access point of contact with a written request at least three (3) full working days in advance of the proposed date of the "one (1) Time" visit. Written request shall include the proposed one (1) Time visitor's full first, middle and last name, SSN, DOB, employer's company name, date and time of visit along with the identity of the contractor person who shall be responsible for providing escort.

16. Right to Revoke Access: The FBI SHALL have full and complete control over granting, denying, withholding or terminating access for contractor and subcontractor employees at all times.

17. Individuals initially permitted access may be excluded at a later date upon discovery of disqualifying factors resulting from detailed verification of submitted security paperwork/ information.

18. The FBI reserves the right to revoke access to its facilities or property of any individual, where such access is no longer clearly consistent with the FBI's mission and responsibilities. Contractor agrees to immediately remove that individual from the job site in such circumstances.

19. All personnel who should fail a security screening SHALL NOT have access to any FBI occupied facility or site.

2.3.15 Access to FBI Locations:

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, to include approval by the FBI's Security Division, must be satisfied prior to access.

Contractors who will require escorted access, to include short-term, intermittent, or infrequent access, to an FBI facility must complete the forms attached in Section 2.12. Completed forms should be provided to the assigned COR at least 10 days prior to required access.

Individuals requiring unescorted access to an FBI facility must complete the Standard Form 86 (SF-86), Questionnaire for National Security Positions, using the Office of Personnel Management’s Electronic Questionnaires for Investigations Processing (e-QIP) and provide two Fingerprint Cards (FD 258). E-QIP is a secure website that can be accessed from any computer system which has an Internet connection. Only the signed release forms and FD 258 will need to be mailed to the identified Chief Security Officer, the SF-86 itself will be transmitted to the FBI electronically.

To complete the SF-86 using e-QIP, the individual requiring unescorted access to the FBI facility must contact (TBD) in order to be initiated into e-QIP. Once this action has been accomplished, the individual should be able to access e-QIP at the following link in order to initiate and complete the electronic process: http://www.opm.gov/e-qip/browser-check.asp. Thoroughly read and follow the instructions for completing the SF-86. NOTE: To fully address suitability/security issues, the FBI requires individuals to provide responses to questions on the SF-86 for the last ten years. Failure to complete the application as instructed may lead to significant delays in processing the required investigation and approval for unescorted access.

Upon logging onto e-QIP, there will be a prompt to answer three “Golden” security questions to establish the user account. After completing the electronic SF-86, please print and sign the (1) Certification Form (CER) - Certify Completeness and Accuracy of your Investigation Request; (2) Medical Release Form (MEL) - Authorization for Release of Medical Information; and (3) Release Form (REL) - Authorization for Release of Information. In addition to these SF 86 release forms, the completion of a Non-Personnel Consent to Release Information (FD-979a), the United States Department of Justice Disclosure and Authorization Pertaining to Consumer Reports (DOJ 555) are required. Annotation of the assigned e-QIP Investigation Request Number on the upper right corner of each document transmitted to the identified Chief Security Officer is required for coordination with the electronic transmission and to facilitate the investigative process. The e-QIP Investigation Request Number, automatically generated by e-QIP, is located on both the header and footer of the signature forms. These release forms (five total) and FD 258 should be mailed via Federal Express or UPS Express mail directly to the following address: Acting Chief Security Officer Nicolette Offutt. The use of regular U.S. mail channels may cause significant delays in processing the unescorted access request.

Upon completion of processing the facility access request, the individual will be required to execute a non-disclosure agreement suitable for their approved access.

2.3.16 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 prior to or 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 contract performance. Failure to replace the employee may result in a no cost termination by the government

2.3.17 Department of Justice 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.

2.3.18 Consent for Warrantless Searches of Department of Justice Workplaces

All cleared personnel accessing information within FBI controlled space are required to execute a 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 Technical Representative designated in Section 2.11.2 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.

2.4 DELIVERABLES

The Contractor shall be responsible for providing the following deliverables:

2.5 TERM OF CONTRACT

It is the intention of the Government to acquire AV maintenance services as detailed in this RFQ for a minimum of one (1), twelve (12) month base period with four (4) one-year (12 month) renewable option periods. The maximum period of performance is a period of five (5) years, contingent upon each option year being exercised, the availability of funding and the new of the Government.

The period of performance for this effort will be as follows:

2.5.1 Place of Performance

The primary place of performance will be the TSC located in Vienna, VA. The secondary place of performance will be TSC West which is located in Clarksburg, WV.

2.5.2 Regular Working Hours

Regular working hours are defined as 7:00 am to 4:00pm EST, Monday through Friday excluding federal holidays and other days specifically designated by the CO or COR. In the event services are required to be completed off-peak, those approvals shall be coordinated between Contractor and COR for approval.

2.5.3 Observance of Legal Holidays

(a) The Government hereby provides NOTICE and Contractor hereby acknowledges RECEIPT that Government personnel observe the listed days as holidays.

New Year’s Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day Inauguration Day (when applicable)

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

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

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, they may be reimbursed either as direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(d) When the Federal, State, Local and other governmental entities grants excused absence to its employees, assigned Contractor personnel may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled and shall be guided by the instruction issued by the CO or the COR.

(e) If Government personnel are furloughed, the Contractor shall contact the CO or the COR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

1. Contractor personnel that are able to continue contract performance (either on-site or at a site other than their normal workstation), shall continue to work and the contract price shall not be reduced or increased.

2. Contractor personnel that are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort.

(f) In those situations that furloughed Government personnel are reimbursed, the Contractor may not invoice for their employees working during the Government furlough until such time as the special legislation affecting Government personnel is signed into law by the President of the United States.

(g) Nothing in this clause abrogates the rights and responsibilities of the parties relating to “stop work” provisions as cited other sections of this contract.

2.6 SERVICES AND PRICES/COSTS

The contractor shall provide firm fixed prices for monthly maintenance and the replacement of the IPTV boxes as required in Section 2.3.6. Any discount from list price or government discount should be shown on the price quote. Prices will be evaluated based upon the unit pricing quoted for the base and option periods.

2.6.1 Pricing

Please note that U.S. Department of Labor Wage Determination is applicable to this requirement. It has been supplied at Attachment #4, Section 2.12.

2.6.2 Contract Line Item Numbers (CLINS)

A pricing format example including minimum required information has been provided as Attachment #3 in Section 2.12.

2.6.3 Invoicing

All invoices shall be submitted electronically to CENTRAL_INVOICES@IC.FBI.GOV. Note that there is an underscore (_) between CENTRAL and INVOICES.

Invoices will be handled in accordance with the Prompt Payment Act and Far Clause 52.232-25. Contractors shall assign an identification number to each invoice.

The contractor shall certify with a signed and dated statement that the invoice is correct and proper for payment. Small Business status shall be self-certified on each invoice.

Vendors must be registered in SAM, effective July 29, 2012 to receive government contracts. The FBI uses a financial system that has a direct interface with SAM. Please ensure that your company’s SAM information is updated and accurate. This includes TIN, EFT, DUNS, addresses and contact information. The EFT banking information on file in SAM will be what the FBI uses to process payment to your organization.

2.6.4 Proper Invoice

A proper invoice shall include the following information:

· Name and address of the Contractor

· Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of mailing or transmission.)

· Contract number, Task Order number, contract line item number and, if applicable, an order number

· Description, quantity, unit of measure, unit price and extended price of the items delivered

· Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped Government bill of lading

· Terms of any discount for prompt payment offered

· Name and address of official to whom payment is to be sent

· Name, title, and phone number of person to notify in event of defective invoice

· Electronic Funds Transfer (ETF) banking information

· Taxpayer Identification Number (TIN)

· Small Business contractors shall self-certify on each invoice their small business status.

The Contractor shall include this information on each and every invoice when invoicing for full or partial supplies/services delivered/performed. If an invoice does not contain the above information, the Bureau reserves the right to reject the invoice(s) as IMPROPER and notify the Contractor within seven (7) calendar days after receipt of the invoice at the designated billing office pursuant. (Resubmission of a PROPER invoice(s) will be required).

Payment will be made by the FBI’s Commercial Payment Unit in accordance with the Prompt Payment Act, FAR clause 52.232-25 (OCT 2003) upon the COR’s (or designee) certification of receipt of services and the CO final authorization for payment.

2.6.5 Mandatory Financial Reporting of Services Provided but Not Reimbursed

As a result of the Federal Financial Management Act of 1996, the FBI is required to account, on a fiscal year basis, for the cost of services performed by a prime contractor for which reimbursement has not been made.

In order for the FBI to meet this financial reporting obligation, the prime contractor shall notify the FBI of their estimate of costs incurred for services rendered, under the terms of this contractual agreement, for which reimbursement has not been received. This notification shall be provided to the CO quarterly beginning three (3) months after award for the life of the contract.

This notification is for informational purposes only and does not preclude the prime from submitting proper invoices, for work performed, in accordance with the terms and conditions of the contractual agreement.

2.7 TERMS AND CONDITIONS

In accordance with FAR 12.302(d) the following addenda shall be included into this solicitation as part of FAR 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018):

DISCLOSURE OF DATA UNDER FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a quote is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a quote that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the provision at Far 52.2151 (e),"Instructions to Offerors Competitive Acquisitions". The Government will, before disclosure, make an administrative determination on a casebycase 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 submitted of a quote an opportunity to object to disclosure.

ORGANIZATIONAL CONFLICTS OF INTERESTS - GENERAL

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

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

(c) The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government.

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

INDEMNIFICATION

(a) Responsibility for Government Property - 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.

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.

(b) Hold Harmless Indemnification Agreement - The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

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 Contracting Officer 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.

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.

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.

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 FBI Contracting Officer. 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.

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 Contracting Officer who issued the task order, in writing, giving pertinent details, provided, however, that this data shall be information 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.

COMPLIANCE WITH SECITON 508 OF THE REHABILITATION ACT OF 1973, 1998 AMMENDMENTS

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

SAFEGUARDING OF INFORMATION

The contractor and its employees shall exercise the utmost discretion regarding all matters relating to their duties and functions. They shall not communicate to any person or entity any information known to them by reason of their performance of service under this contract which has not been made public, except in the course of their duties or by written authorization of the Contracting Officer. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance, film, or photographs concerning any aspect of the contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. 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.

SMALL BUSINESS ACCELERATED PAYMENT

The contractor must indicate his business size on each invoice to assist the 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.

REPRESENTATIONS REGARDING FELONY CONVICTION UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY (DEVIATION 2012-02) (JAN 2012)

In accordance with Section 543 and 544 of Title Y, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L. 112-55), none of the funds made available by the Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered suspension and debarment of the corporation and made a determination that this further Action is not necessary to protect the interests of the Government, or with an 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, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

By accepting this award or order, in writing or by performance the quote-or/contractor represents that: The quote-or/contractor is not a corporation convicted of a felony criminal Violation under any Federal law within the preceding 24 months; and the quote-or/contractor is not a corporation 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.

CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY

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

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our Contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal Contractor should reasonably take to help ensure performance are:

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. Contractors should cross-train workers as backup for all positions performing critical services. This particularly important for work such as guard services where telework is not an option.

Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency. Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency. Establish communication processes to notify employees of activation of this plan, integrate pandemic health crisis response expectations into telework agreements. With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or Contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

Determine how all employees who may telework will communicate with one another and with management to accomplish work. Practice telework regularly to ensure effectiveness. Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties. Identify how time and attendance will be maintained.

It is the Contractor's responsibility to advise the government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary.