CIRG MESH Technology Program RFP_2026-07-14.pdf
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- CIRG MESH Technology Program
- Solicitation number
- 15F06726R0000239
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This is a Request for Proposal (RFP) issued by the Federal Bureau of Investigation for Persistent Systems Products and Accessories to support the Critical Incident Response Group (CIRG) MESH Technology Program. The RFP number is 15F06726R0000239, with a questions deadline of July 28, 2026, and a proposal due date of August 31, 2026. The FBI seeks to procure MPU5 radios, RF modules, antennas, and associated accessories manufactured by Persistent Systems to expand Mobile Ad Hoc Network (MANET) capacity for secure voice, high-definition video, and enterprise network access during national response missions. The contract will be structured as a firm fixed-price, single-award, Indefinite-Delivery Indefinite-Quantity (IDIQ) type for one base year plus four optional one-year periods with a six-month extension option. The maximum contract value is $23,500,000 over the life of the contract, with a guaranteed minimum of $1,000. The Government may increase the contract value by 15% through in-scope modifications. This is a total small business set-aside under North American Industry Classification System code 334220 (Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing), with a small business size standard of 1,250 employees.
Award will be made using a Lowest Price Technically Acceptable (LPTA) evaluation approach to the responsible offeror with the lowest price and technical acceptability. Proposals must be submitted electronically in three volumes: Technical Proposal (demonstrating authorized reseller status for Persistent Systems products), Price Proposal (using the provided Product Pricing Matrix with pricing for base and all option years, including shipping within CONUS), and Past Performance (two references from Federal Government or commercial customers within the past two years). Vendors must provide new products only, not grey market items, and if not the manufacturer, must submit authorized reseller documentation. Contractor deliverables include delivery within 120 days of order with FOB Destination shipping to CONUS locations, training and setup as required, monthly status reports to the Contracting Officer, and quality control measures. Payment will be NET30 by electronic funds transfer through the Invoice Processing Platform (IPP.gov) following certification of receipt by delivery location points of contact. The FBI is the only authorized buyer. The Contracting Officer is Holly Cloud (HCLOUD@FBI.GOV), and the Contracting Officer's Representative is Matthew Barthel (MRBARTHEL@FBI.GOV).
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DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
REQUEST FOR PROPOSAL
RFP 15F06726R0000239
Persistent Systems Products and Accessories
CIRG MESH Technology Program
Issue Date: July 14,2026 Questions Due: July 28,2026
Due Date for Proposals: August 31,2026
TABLE OF CONTENTS
PART I - THE SCHEDULE
SECTION A - INENTIONALLY LEFT BLANK
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 - DESCRIPTION OF SUPPLIES
B.2 - TYPE OF CONTRACT
B.3 - CONTRACT AND ORDER LIMITATIONS
B.4 - PRICING / FIVE (5) YEAR ESTIMATED CONTRACT TOTAL
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (SOW)
C.1 - GENERAL DESCRIPTION
C.2 - SCOPE
C.3 - GENERAL REQUIREMENTS
C.4 - CONTRACTOR REQUIREMENTS
C.5 - QUALITY CONTROL PLAN
C.6 - AUTHORIZED BUYERS
C.7 - REPORTS
C.8 - SECURITY AND ACCESS CONTROL
C.9 - MEDIA STATEMENTS
SECTION D - PACKAGING AND MARKING
D.1 - PACKAGING AND MARKING
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 - NOTICE TO THE GOVERNMENT OF DELAYS
F.4 - PLACE OF DELIVERY
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 - CONTRACT ADMINISTRATION
G.2 - CONTRACTING OFFICER’S REPRESENTATIVE
G.3 - DELIVERY LOCATION POINTS OF CONTACT (POC’S)
G.4 - ORDERING
G.5 - INVOICE REQUIREMENTS
G.6 - SMALL BUSINESS ACCELERATED PAYMENT
G.7 - PAYMENT
G.8 - WITHHOLDING OF CONTRACT PAYMENTS
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 - DISCLOSURE OF DATA UNDER FOIA
H.2 - GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS
H.3 - ACCESS TO FEDERAL BUREAU OF INVESTIGATION LOCATIONS
H.4 - CONTRACTOR SUITABILITY REQUIREMENT
H.5 - DISRUPTION TO THE SCHEDULE
H.6 - RELEASE OF INFORMTION -PUBLICATIONS BY CONTRACTOR PERSONNEL
H.7 - TECHNOLOGY ENHANCEMENT CLAUSE
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I.1 - CLAUSES INCORPORATED BY REFERENCE
I.2 - ORDERING
I.3 - ORDER LIMITATIONS
I.4 - INDEFINITE QUANTITY
I.5 - OPTION TO EXTEND THE TERM OF THE CONTRACT
I.6 - WHISTLEBLOWER INFORMATION DISTRIBUTION
I.7 - CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC
I.8 - ELECTRONIC INVOICING REQUIREMENT
I.9 - PUBLIC RELEASE OF INFORMATION
I.10 - ORGANIZATIONAL CONFLICT OF INTEREST
I.11 - USE OF NON-GOVERNMENT ADVISORS
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
J.1 - ATTACHMENT #1 - PRICING MATRIX
J.2 - ATTACHMENT #2- PAST PERFORMANCE QUESTIONNAIRE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS AND CERTIFICATIONS
K.1 - INFORMATION REGARDING RESPONSIBILITY MATTERS
K.2 - CERTIFICATION REGARDING TAX MATTERS
K.3 - EVALUATION OF OPTIONS
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.1 - SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
L.2 - TYPE OF CONTRACT
L.3 - SERVICE OF PROTEST
L.4 - PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF
JUSTICE
L.5 - GENERAL INSTRUCTIONS FOR PREPARING PROPOSALS
SECTION M - EVALUATION FACTORS FOR AWARD
M.1 - EVALUATION FACTORS
M.2 - AWARD
PART I – THE SCHEDULE
SECTION A – BLANK
Section A was intentionally left blank.
SECTION B – SUPPLIES OR SERVICES AND PRICES/COST
B.1 DESCRIPTION OF SUPPLIES
Contractor shall provide Brand Name, Original Equipment Manufacturer (OEM) items for all products listed in the enclosed Product Pricing Matrix (Attachment 1). This award shall be made under policies and procedures prescribed in Federal Acquisition Regulation (FAR)Part 12, Acquisition of Commercial Items, in conjunction with FAR Part 15, Contracting by Negotiations.
B.2 TYPE OF CONTRACT
This contract will be structured as Firm Fixed Price, single award, Indefinite-Delivery Indefinite-Quantity (IDIQ), type contract for one (1) base year and four (4) possible one-year option periods, with a 6- month option to extend. Contract awarded 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. Vendors that do not list pricing for every product will be considered in for ineligible for award. The FBI anticipates making this an IDIQ contract award to the offeror who is technically acceptable with a fair and reasonable price. This requirement is a total small business set-aside.
The solicitation documents incorporate provisions and clauses in effect through Federal Acquisition Circular (FAC) 2026-01.
The North American Industry Classification System code is 334220, Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing, a small business size standard of 1,250 employees.
If vendor is not the OEM of the product, vendor must provide documentation that they are authorized resellers of the requested products (i.e., certificate, authorization letter).
B.3 CONTRACT AND ORDER LIMITATIONS
Delivery shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantities designated in the Schedule as the “maximum.”, here established as $23,500,000.00 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 $1,000.00 over the life of the contract established.
The Government reserves the right to increase the value of this contract by 15% of the accepted awarded value with in-scope modifications.
The Government shall not be required to purchase from the Contractor 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 Program.
B.4 PRICING/FIVE (5) YEAR ESTIMATED CONTRACT COST
Contractor shall provide a complete pricing list for the products listed in the matrix, using the Product Pricing Matrix provided, (refer to Section J Attachment #1). Itemized pricing shall be provided for the base period and four option years.
Shipping cost (within CONUS) is to be included in contractor’s pricing.
[End of Section]
SECTION C - STATEMENT OF WORK
C.1 GENERAL DESCRIPTION
The FBI Critical Incident Response Group (CIRG) requires the procurement of additional Mobile Ad Hoc Network (MANET) compatible radios, RF modules, antennas, and associated accessories. These components are essential for expanding the capacity of the current MANET infrastructure, which serves as the primary transport for secure voice, high-definition live video, and enterprise network access during national response missions. The communications teams currently maintain and employ over 300 MPU5s.
These radios provide flexibility to extend transport out of large facilities, extend diagnostic equipment deep into semi-permissible environments such as confined space, or operate effectively in the urban canyon of a large city. Emerging response technology is leveraging the MANET radio system to provide immediate transmittal of data and diagnostics for enhanced situational awareness for command and control.
C.2 SCOPE
C.2.1 This is a contract to provide MPU5 radios and accessories, manufactured by Persistent Systems, to the Federal Bureau of Investigation (FBI). The product pricing matrix is included in Attachment 1.
C.2.2 Contractor shall deliver Persistent System items within 120 days after receipt of order.
Deliveries shall be shipped FOB Destination to all FBI (and other approved Federal government) locations within the continental United States (CONUS).
C.2.3 Contractor shall provide training and set up for products as the FBI requires. Travel and lodging cost (within CONUS) is to be included in vendor’s pricing while adhering to Federal Travel
Regulations.
C.2.4 The duration of the contract is specified in Section B.2. The contract entered into as a result from this solicitation will be Fixed Price, IDIQ for one (1) base year and four (4) possible one-year option periods, with a 6-month option to extend.
C.3 GENERAL REQUIREMENTS
See attached Product Pricing Matrix for deliverables/ requirements. If for any reason an item becomes End of Life during the length of the contract, the new product replacing it shall be added to the contract once the Contracting Officer has negotiated the price with the awardee and determined the price to be fair and reasonable. Should the FBI wish to add products deemed within the scope of the contract, the Contracting Officer will negotiate a fair and reasonable price with the contractor. The Contracting Officer will also publicize the addition of the product to the product pricing matrix.
C.4 CONTRACTOR REQUIREMENTS
The contractor shall be capable of providing the entire Product Pricing Matrix for the length of the contract. The contractor shall offer all products in the catalog. The contractor shall propose the brand name products listed in the matrix. If a product listed in the Product Pricing Matrix has gone End of Life or has been discontinued a replacement shall be proposed. If there is no replacement that should be noted in the product matrix.
C.5 QUALITY CONTROL PLAN
C.5.1 Contractor shall provide information on Quality Control measures applied to all Persistent System products sold under contract. Any revisions to the Quality Control Plan shall be forwarded to the COR within five (5) calendar days of the effective date.
C.5.2 Persistent System Products which fail any portion of Contractor’s Quality Control testing shall be rejected and not shipped.
C.6 AUTHORIZED BUYERS
C.6.1 The FBI is the only agency authorized to place orders against this contract.
C.6.2 All orders shall be prioritized in the order they are received. Emergency orders placed by the FBI, as identified by CO or COR, shall receive priority over all other orders.
C.7 REPORTS
C.7.1 Contractor shall provide monthly status reports to the Contracting Officer the 2nd Wednesday of Every Month. The report shall include:
a) Contract Number
b) Period of Performance (ex: Base Year/Qtr. 1)
c) List of orders “ACCEPTED” during quarter for each authorized buyer (include delivery order number & dollar value of order).
NOTE: “ACCEPTED” refers to an order that has been received during the quarter, regardless of if the order shipped. When an order has been received/accepted by the Contractor, the maximum, not to exceed, contract value is impacted.
d) Total dollar value of all accepted orders during the quarter (combined quarterly figure).
e) Total dollar value of usage to date (current quarterly figure combined with previous quarters) under the contract.
C.7.2 It is preferred that this information be provided using Microsoft Excel.
C.7.3 If the quarterly report is not provided within ten (10) calendar days of the end of quarter as required, a written explanation as to why the report is tardy shall be provided with the quarterly report.
C.8 SECURITY AND ACCESS CONTROL
On-site visits require a minimum of 48 hours advance notice, unless an exigent circumstance exists which will require prior CO or COR approval.
C.9 MEDIA STATEMENTS
All press statements and releases related to the contract(s) shall receive advance written approval by the Contracting Officer. Examples include, but not limited to, website notices & advertisements, use of FBI name & seal, and images of FBI personnel.
SECTION D - PACKAGING AND MARKING
D.1 PACKAGING AND MARKING
D.1.1 Packaging and packing for all items delivered under this contract shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract and delivery order number on or adjacent to the exterior shipping label.
D.1.2 The products shall be packaged in a manner which clearly identifies the products contained in each package, including Delivery Order number(s), product number(s) and quantity(s). This can be placed on the bill of lading in the package.
D.1.3 The contractor shall possess the capability of tracking different parts sold and shipped under the terms and conditions of this contract if a recall becomes necessary for the purpose of warranty replacement. The contractor shall supply this information to, and upon request of, the Contracting Officer.
D.1.4 The contractor should be capable of meeting delivery schedules with the entire quantity(s) of products ordered. Equipment should be shipped as a complete shipment only – No partial shipments will be accepted without prior approval from the CO or COR.
SECTION E – INSPECTION AND ACCEPTANCE
E.1 QUALITY ASSURANCE
E.1.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2, FEB.,1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https:/ / www.acquisition.gov/ far /
(a) FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
(END OF CLAUSE)
E.1.2 As Persistent System products may be used in the defense of life; the Government expects the Contractor to maintain the quality of the product throughout the life of the contract. Quality of the product delivered will be monitored by the COR or Technical Point of Contact (TPOC). In addition to physical inspection of the product, the COR/TPOC will monitor timely delivery and accuracy of order.
E.1.3 Damaged/defective products may be returned to the contractor /manufacturer, at no cost to the Government, and replaced with an equal product. The contractor will be notified in writing of the nature of the defective/damaged products and shall implement corrective action within 30 days of written notification, by providing a replacement product.
E.1.4 If a product on the Product Pricing Matrix fails to maintain quality, durability, and reliability standards as those expressed at time of award, the Government reserves the right to replace the item(s) with a similar product via modification to the contract.
CLAUSE
NUMBER TITLE DATE
FAR 52.246-2
INSPECTION OF SUPPLIES-FIXED
PRICE AUGUST,1996
E.1.5 Failure to maintain the standards established at the time of award is detrimental to the Government. Should a continuing pattern of failure emerge, this may constitute grounds for the initiation of contract termination proceedings.
E.1.6 The Contractor shall ensure that all firmware updates, patches, or revisions provided during the period of performance maintain or exceed the performance and security standards established at the time of award.
Testing and Validation: Prior to release, the Contractor shall conduct rigorous internal Quality Assurance testing to ensure the firmware update does not adversely impact system stability, interoperability with existing hardware, or core mission functionality.
Documentation of such testing shall be made available to the COR/TPOC upon request.
Security Assurance: Firmware updates shall be free of known vulnerabilities and "malware." The Contractor is responsible for ensuring the integrity of the delivery mechanism to prevent unauthorized modification of the firmware during transmission or installation.
Notification and Documentation: The Contractor shall provide written notification to the COR/TPOC at least 10 business days prior to the release of any non-emergency firmware update. Each update must be accompanied by detailed Release Notes outlining changes, bug fixes, and any known limitations.
Regression and Corrective Action: Should a firmware update result in a degradation of performance or a failure to meet contract specifications (a "regression"), the Contractor shall, at no cost to the Government, provide a corrective patch or a stable "roll-back" version within 5 business days of notification by the Government.
E.2 WARRANTIES
E.2.1 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.
E.2.2 Contractor shall specify all that is covered during the warranty period.
E.2.3 Warranty claims shall be remedied at no expense to the government except for shipping item to the Contractor. Contractor will be responsible for return shipping costs.
SECTION F – DELIVERIES AND PERFORMANCE
F.1 PERIOD OF PERFORMANCE
The anticipated period of performance shall be a twelve (12) month base period, to begin on the date of award, with four (4) possible one-year option periods, with a 6-month option to extend.
F.2 DELIVERY SCHEDULE
F.2.1 Contractor shall deliver within 120days after receipt of order. In the event of a delay, see section F.3.
F.2.2 Contractor is to deliver the entire quantity of ordered Persistent System items; however, partial shipments may be accepted with prior approval from the CO or COR.
F.3 NOTICE TO THE GOVERNMENT OF DELAYS
In the event the Contractor encounters difficulty in meeting delivery schedules or completion dates, or if the Contractor has knowledge of a situation that may delay the timely performance of this contract, the Contractor shall notify the CO and COR in writing within five (5) business days. Contractor shall provide the COR with (1) a detailed justification for the delay and (2) a realistic time for delivery.
F.4 PLACE OF DELIVERY
F.4.1 Delivery shall be “FOB Destination.”
F.O.B. DESTINATION (52.247-34) (NOV1991)
(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) For each shipment the Contractor shall --
(1) Pack and mark the shipment to comply with the 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;
(1) 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;
(2) Furnish a delivery schedule to the end user/ ordering authority (i.e., verbal, electronic, written) and designate the mode of delivering carrier;
and,
(3) Pay and bear all charges to the specified point of delivery.
F.4.2 The contractor shall drop-ship products to destinations identified on individual delivery orders and Government purchase card transactions, to include all FBI (and other approved Federal Government) CO NUS locations, Alaska, Hawaii, Puerto Rico, and U.S. Virgin Islands.
(END OF SECTION)
SECTION G – CONTRACT ADMINISTRATION
G.1 CONTRACT ADMINISTRATION
Any/all contract related matters shall be addressed to the attention of the Contracting Officer (CO) throughout the life of the contract. The Contracting Officer for this requirement is:
Holly Cloud
HCLOUD@FBI.GOV
G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAR 2852.201-
70; JANUARY, 1985)
A. 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.
B. 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.
C. The COR for this requirement is:
Matthew Barthel
MRBARTHEL@FBI.GOV
G.3 DELIVERY LOCATION POINTS OF CONTACT (POC'S)
One or multiple points of contact (POC) shall be established for all delivery locations for this contract. The POC's are responsible for inspection and acceptance of deliveries, certifying invoices are valid, and provide contract performance information to the Contracting Officer. A listing of delivery order POC's shall be provided to the contractor at time of order
G.4 ORDERING
In accordance with Federal Acquisition Regulation (FAR) 16.506(a), Ordering, and the clause at 52.216-18, Ordering, any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.
G.5 INVOICING REQUIREMENTS
Invoices shall be submitted electronically to Invoice Processing Platform (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 at the designated billing office. Resubmission of a PROPER invoice will be required.
Any requirement for resubmission for payment or Contractor questions regarding payment should be directed to the COR or Agency Point of Contact under the contract.
All follow-up invoices (i.e., revised, resubmitted) shall be marked "REVISED".
G.6 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 09/14/2011. The Prompt Payment Act still applies to this action;
however, the agency will make best efforts to pay proper invoices within 15 days.
G.7 PAYMENT
Vendor must accept Purchase Orders; NET30 by EFT after delivery and submission of a proper invoice to the Invoice Processing Platform (IPP). Payment to be made to bank account tied to the vendors SAM.GOV account.
Payment shall be made by through IPP in accordance with the Prompt Payment Act upon Delivery Location POC certification of receipt of supplies.
G.8 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 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) which is included in SECTION I by reference, 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.3 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.4 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.5 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.
H.6 RELEASE OF INFORMATION-PUBLICATIONS BY CONTRACTOR PERSONNEL
The Federal Bureau of Investigation (FBI) specifically requires that Contractors shall not divulge, publish or disclose information or produce material acquired as or derived from the performance of their duties.
For purposes of this clause, "Information" shall include, but not be limited to: in any media or all media including on the web or websites; publication, studies, books, thesis, photographs, films or public announcements, press releases describing any part of the subject matter of this contract or any phase of any program hereunder, except to the extent such as:
(i) Already known to the contractor prior to commencement of the contract
(ii) Required by law, regulation, subpoena or government or judicial order to be disclosed, including the Freedom of Information Act (FOIA).
No release of information shall be made without the prior written consent of the Office of Public Affairs and the Contracting Office r. The Contractor and author are warned that disclosure is not without potential consequences. The FBI will make every effort to review proposed publications in a timely manner to accommodate these and other publications.
These obligations do not cease upon completion of the contract.
H.7 TECHNOLOGY ENHANCEMENT CLAUSE
During the life of this contract, new products and technologies may become available in the marketplace that offer significant advantages to the Government in terms of economy, efficiency, quality, and mission effectiveness. It is in the Government's interest to take advantage of such technology in a disciplined manner consistent with law, regulation, and its valid requirements. The contract shall be modified from time to time to take advantage of these new products and technologies.
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 JUN 2020
52.203-3 GRATUITIES APR 1984
52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS NOV 2021
AND CONDUCT
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
AND REQUIREMENT TO INFORM EMPLOYEES
OF WHISTLEBLOWER RIGHTS
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL JAN 2017
CONFIDENTIALITY AGREEMENTS OR STATEMENTS
52.204-7 SYSTEM FOR AWARD MANAGEMENT – REGISTRATION NOV 2025
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE NOV 2025
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN NOV 2025
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, PROPOSED FOR DEBARMENT, OR
VOLUNTARILY EXCLUDED
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION NOV 2025
REGARDING RESPONSIBILITY MATTERS
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED NOV 2025
DOMESTIC CORPORATIONS
52.212-4 CONTRACT TERMS & CONDITIONS – NOV 2025
COMMERCIAL PRODUCTS and COMMERICAL SERVICES
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2025
52.219-33 NONMANUFACTURER RULE NOV 2025
52.222-3 CONVICT LABOR JUNE 2003
52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES NOV 2025
AND REMEDIES
52.222-35 EQUAL OPPORTUNITY FOR VETERANS NOV 2025
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH NOV 2025
DISABILITIES
52.222-50 COMBATING TRAFFICKING IN PERSONS NOV 2025
52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL APRIL 2026
CONTRACTORS
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN MAY 2024
TEXT MESSAGING WHILE DRIVING
52.232-18 AVAILABILITY OF FUNDS APR 1984
52.232-33 PAYMENT BY ELECTRONIC FUNDS OCT 2018
TRANSFER-SYSTEM FOR AWARD MANAGEMENT
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL MAR 2023
BUSINESS SUBCONTRACTORS
52.233-1 DISPUTES NOV 2025
52.233-3 PROTEST AFTER AWARD NOV 2025
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT NOV 2025
CLAIM
52.242-13 BANKRUPTCY JUL 1995
52.243-1 CHANGES NOV 2025
52.253-1 COMPUTER GENERATED FORMS NOV 2025
I.2 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the conclusion of current performance period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause)
I.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in a quantity of less than one (1) unit, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a combination of items in excess of $10,000,000.00; or
(2) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in subparagraph (b) (1) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten (10) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
I.4 52.216-22 INDEFINITE QUANTITY (NOV 2025)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract twelve months after the last day of final period of performance.
(End of clause)
1.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (66) months.
I.6 DOJ-01 Whistleblower Information Distribution (OCT 2021)
Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.906 & 52.203-17 and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.
I.7 DOJ-08 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (OCT 2007)
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 U.S. Department of Justice Appendix A Policy Instruction 1301.02.03 Departmental Provisions and Clauses 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 is 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.
This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations. U.S. Department of Justice Appendix A Policy Instruction 1301.02.03 Departmental Provisions and Clauses. The Department does reserve the right in such emergency situations to use federal employees. employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart
18.2. Emergency Acquisition Flexibilities, of the federal Acquisition Regulations.
(End Of Clause)
I.8 FBI-0023 Federal Bureau of Investigation Electronic Invoicing Requirement
(JUL 2024)
The Federal Bureau of Investigation (FBI) requires vendors to submit a proper invoice and supporting documentation electronically through the Invoice Processing Platform (IPP). IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service (Treasury) in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.
Invoice Submission Vendors are required to create and submit electronic invoices using the IPP system.
All supporting documentation shall be uploaded into the IPP system.
Invoices must be submitted at least monthly but no more than bi-weekly. Final invoices must be submitted 30 days after the end date of the period of performance.
Invoices submitted by email will not be accepted. This requirement applies immediately upon contract award. For contract-specific questions, please contact the contracting officer.
Obtaining IPP Access If your company has already enrolled in IPP: You will not be required to re-register.
Please contact your company's IPP account administrator so that he/she may add you as an additional user to your company's IPP collector account.
If your company has NOT enrolled in IPP: Your company will be auto enrolled for IPP using information from your SAM account. Your company's Primary Electronic Business Point of Contact (POC) will be designated as an IPP administrator. This POC will be contacted by email to register when the FBI initiates the enrollment process through IPP. To prevent enrollment delays, please ensure your designated Electronic Business POC in sam.gov is up to date. Your company's IPP administrator will be responsible for initial account registration as well as creating and managing your company's IPP users and permissions. Please note that due to U.S. Department of the Treasury guidelines, IPP cannot set up User IDs using a shared email address.
How to register for IPP:
1. Once FBI Initiates the enrollment process, your company's designated Electronic Business POC in sam.gov will receive two emails from IPP Customer Support (noreply@mail.eroc.twai.gov). The first email contains the initial administrative IPP
User ID. The second email, sent with 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.
2. Registration is complete when the initial administrative user logs into the IPP web site with the User ID and password provided and accepts the IPP rules of behavior.
Additional user accounts, including administrators, can be created after initial login.
Training Vendor training materials, including a first-time login tutorial, are available on the IPP.gov website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities ranging from creating and submitting an invoice to setting up email notifications.
Additional Support IPP Customer Support Team is available Monday through Friday from 8:00 am to 6:00 pm EST. Phone: (866) 973-3131 or email:
IPPCustomerSupport@fiscal.treasury.gov For answers to frequently asked questions, visit the Vendor FAQ page on the gov web site.
I.9 FBI-0029 Public Release of Information (OCT 2024)
The FBI requires that contractors shall not divulge, publish, or disclose information or produce material related to the contract award, or acquired in or derived from the performance of their duties without prior written consent of the FBI.
For purposes of this Clause, "Information" shall include but not be limited to any or all written or spoken language or recordings made public, including: web sites or social media platforms, including X (formerly Twitter), Instagram, TikTok, etc.;
publications, studies, books, and theses; photographs and videos/films; and public announcements and press releases describing any part of the subject matter of this contract or any phase of any program hereunder, except to the extent such information is:
1) already known to the Contractor prior to the commencement of the contract; or
2) required by law, regulation, subpoena or government or judicial order to be disclosed, including the Freedom of Information Act.
No release of information shall be made without the prior written consent of the Office of Public Affairs and/or the Contracting Officer of the FBI. Information should be sent to: [HCloud@fbi.gov]. The FBI will make every effort to review proposed publications in a timely manner. Public disclosure of information without prior FBI approval could result in financial penalties or a termination for default of the contract.
Where appropriate, in accordance with established academic publishing practices, the FBI reserves the right to author/co-author any publication derived from this contract.
These obligations do not cease upon completion of the contract.
I.10 FBI-0030 Organizational Conflict of Interest (OCT 2024)
(a) Purpose: The purpose of this clause is to ensure that:
i. The Contractor is rendering impartial assistance and advice to the Government at all times under this contract and related Government contracts;
ii. The Contractor’s objectivity in performing work under this contract or related Government contracts is not impaired; and
iii. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public Government information, or by virtue of its access to proprietary information belonging to others.
(b) Scope: The Organizational Conflict of Interest (OCI) rules, procedures and responsibilities described in FAR 9.5 “Organizational and Consultant Conflicts of Interest”, FAR 3.101-1 “Standards of Conduct – General, and in this clause are applicable to the prime Contractor (including any affiliates and successors-in-interest), as well as any co-sponsor, joint-venture partner, consultant, subcontractor or other entity participating in the performance of this contract. The Contractor shall flow this clause down to all subcontracts, consulting agreements, teaming agreements, or other such arrangements which have OCI concerns, while modifying the terms "contract", "Contractor", and "Contracting Officer" as appropriate to preserve the Government's rights.
(c) Access to and Use of Nonpublic Information: If in performance of this contract the contractor obtains access to nonpublic information such as plans, policies, reports, studies, financial plans, or data which has not been released or otherwise made available to the public, the Contractor agrees it shall not use such information for any private purpose or release such information without prior written approval from the Contracting Officer.
(d) Access to and Protection of Proprietary Information: The Contractor agrees to exercise due diligence to protect proprietary information from misuse or unauthorized disclosure in accordance with FAR 9.505-4. The Contractor may be requested to enter into a written non-disclosure agreement with a third party asserting proprietary restrictions, if required in the performance of the contract.
(e) In accordance with FAR 3.101-1, the Contractor shall also take all appropriate measures to prevent the existence of conflicting roles that might bias the Contractor’s judgement, give the Contractor an unfair competitive advantage, and deprive the FBI of objective advice or assistance that can result from hiring former Government employees. (See Health Net Fed. Svcs, B-401652.3).
(f) OCI Disclosures: The Contractor shall disclose to the Contracting Officer all facts relevant to the existence of an actual or potential OCI, prior to award and any time after award. In the proposal submission, contractors must certify that they have not participated in the development of the solicitation in any capacity and must provide a list of any former FBI employees. OCI Disclosures after award must address any listed in this clause or FAR 9.5. This disclosure shall include a description of the OCI and the action the Contractor has taken or plans to take to avoid, neutralize or mitigate the OCI.
(g) Remedies and Waiver:
i. If the contractor fails to comply with any requirements of FAR 9.5, FAR 3.101-1, or this clause, the Government may terminate this contract for default, disqualify the Contractor from subsequent related contractual efforts if necessary to neutralize a…
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