Comm Tower- RFQ njb2 RAM Edits 07_17_2020.docx

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION| PROCUREMENT SECTION

Request for Quotation (RFQ)

Date: August 3, 2020

Subject: RFQ 5146 Communications Tower

The FBI Procurement Section is issuing this RFQ to solicit for the purpose of entering into a contract to provide commercial services for the installation/removal of antennas and related equipment at a radio tower in Virginia.

The Contractor shall advise via a timeline what they expect the period of performance for this requirement to consist of after receipt of an order.

The NAICs code for this requirement is 237130, Power and Communication Line and Related Structure Construction. The Business size standard is $39.5 million dollars.

This requirement is set aside for small business.

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

Questions to the Contracting Officer Are Due: 08/12/2020 11:00 am EST/EDT

Quotes Must Be Submitted No Later Than: 08/21/2020 11:00 am EST/EDT

REQUEST FOR QUOTATION (RFQ)

RFQ Number 5146

Communications Tower

In support of:

OPERATIONAL TECHNOLOGY DIVISION

NAICS CODE 237130

Small Business Size Standard: $39.5 million

Conducted Under FAR Part 12

Issued By:

U.S Department of Justice Federal Bureau of Investigation at Redstone 4943 Fowler Road Redstone Arsenal, AL 35898

The Federal Bureau of Investigation’s (FBI), Operational Technology Division (OTD) has a requirement for the purchase and installation of a 100-foot self-supporting communications tower, including the foundation and grounding system.

The purpose of this RFQ is to award a contract for the removal of an existing 80-foot communications tower and the installation of a replacement 100-foot tower located near Quantico, Virginia.

2.2 BACKGROUND

The FBI requires a contract for the mobilization, labor and materials needed to decommission and replace existing 77-foot tower with a 100-foot tower site. The FBI OTD Wireless Engineering and Operations Unit (WEOU) is responsible for the FBI use of two-way radio communications. The WEOU mission includes the operation of nationwide radio communications systems, including a Very High Frequency (VHF) land mobile radio system and system of High Frequency (HF) radio communications stations. The HF system is a required emergency backup communications method which includes a remote communications tower site located near the main OTD facilities at Quantico, Virginia. A 100-foot tower will replace an existing aging 77-foot guyed tower and will be used to aid the WEOU radio communications mission.

2.3 SCOPE OF WORK

The Contractor shall provide all personnel, equipment, facilities, tools, materials, supervision, and services necessary to successfully install 100-foot self-supporting communications tower. This is to include the foundation and grounding system as well as installation of Government Furnished Equipment (GFE) antennas, connectors, and cabling. The existing 80-foot Guyed communications tower must be taken down, including the foundation and Guyed anchors, antenna cabling, antennas, and removed from the site.

2.3.1 Requirements/Specifications

This is a non-personal commercial services contract. The Government shall not exercise any supervision 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.

2.3.2 Task Descriptions

The contractor shall provide labor, mobilization and materials needed to install one (1) 100-foot communications tower. These services are to include geotechnical survey, foundation, and tie(s) to existing building ground system, as well as installation of GFE antennas, connectors, and cabling. The 100-foot tower shall include outside climbing ladder, waveguide support, safety cable kit, ladder gate, lightning rod, and professional Engineer certified tower profile and foundation drawings. The existing 77-foot guyed tower must be removed, including the foundation and all materials from the existing site.

2.3.3 Government Provided Equipment

The Government will provide the contractor with the antennas to be installed on the tower. The Government will always provide government personnel on site while work is being performed. At any such time that the government cannot provide personnel no work can be performed. Access to the site is restricted and therefore requires government personnel to be on site.

2.3.4 Contractor Provided Equipment

The Contractor shall provide supervision, labor, equipment, travel expenses, materials, geotechnical work, and concrete testing to install the 100-foot communication tower. The tower is to be designed to meet or exceed TIA-222-H standard. The FBI will provide the antenna and feedline only and the contractor shall provide all other equipment/hardware or supplies needed to complete the installation as noted in Section 2.3.2.

2.3.5 Safety Concerns

The Contractor is solely responsible for compliance with OSHA standards 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.

2.3.6 Security General

1. The performance of tasks described in this SOW are unclassified but confidential, information obtained through this RFQ shall only be shared with those that have a need to know.

2. The FBI Technical Point of Contact (TPOC) shall provide the contractor access to the site

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

2.4 DELIVERABLES

It is anticipated that all work addressed in the Task Description will be completed in a timely manner with time estimations included in the all quotes from the provider. All work it to be completed on site at the tower location. This will include testing of the cable and antenna.

2.5 TERM OF CONTRACT

The contractor shall provide a timeline estimating from start to finish how long it will take to perform each task beginning with receipt of a purchase order.

2.5.1 PLACE OF PERFORMANCE

Will be a site located near Quantico, Virginia. The specific address shall be provided upon award.

2.5.2 HOURS OF PERFORMANCE

The hours of operation to complete this requirement shall typically be within the hours of 7:00a.m. and 5:00p.m., Monday through Friday unless otherwise agreed upon. This will need to be mutually agreed upon by the tower owner, FBI personnel and the vendor after award. It is anticipated the work will be done during normal daytime hours.

2.6 SERVICES AND PRICES/COSTS

The following abbreviation is used in this price schedule:

CLIN - Contract Line Item Number

The contractor shall provide firm fixed pricing for the services required by this RFQ. All quotes shall identify any discounts provided to the government.

2.6.1 Pricing

The prices to the Government shall be lower than, or as low as those charged to the Contractor’s most favored customer (MFC) for comparable quantities under similar terms and conditions in addition to any discounts for prompt payment.

Pricing shall be provided in the Contractor’s usual quote format but must show at a minimum the below listed items.

Materials

Labor

Other factors such as travel, accommodations etc. should be separated out as separate line items and shall be priced in accordance with the Federal Travel Regulations.

2.6.2 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.

2.6.3 Proper Invoice

A proper invoice shall include the following information:

1. Name and address of the Contractor

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

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

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

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

6. Terms of any discount for prompt payment offered

7. Name and address of official to whom payment is to be sent

8. Name, title, and phone number of persons to notify in event of defective invoice

9. Electronic Funds Transfer (ETF) banking information

10. Taxpayer Identification Number (TIN)

11. 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.

2.7 TERMS AND CONDITIONS

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

DOJ Residency Requirement

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

For three of the five years immediately prior to applying for the specific contract position, the individual must have 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capability; or 3) be a dependent of a Federal or military employee serving overseas.

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

See Section 2.12 Attachment #2 for additional Terms and Conditions.

2.8 REQUIREMENTS FOR QUOTE PREPARATION

2.8.1 General Instructions

Each quote shall be in two (2) separate and distinct parts:

Part I – The Price Quote Part II – Technical Requirement.

The offeror shall, through an e-mail to dnlehman@fbi.gov, submit both Parts on the due date and time indicated on the SF-1449. The electronic copy, submitted through e-mail, shall be considered the intended version for review by the Government in response to this RFQ. Quotes shall have RFQ-5146 in the subject line of the e-mail. Offerors are hereby notified that if their quote is not received by the date, time and location specified in this announcement, it will not be considered by the agency.

Telephone questions or requests will not be accepted.

Offerors are expected to examine this entire RFQ, failure to do so will be at the Offeror’s own risk.

The Government may make award based on initial quotes received, without discussion of such quotes. Quotes shall set forth full, accurate, and complete information as required by this solicitation package (including Attachments). The penalty for making false statements in quotes is prescribed in 18 U.S.C. 1001.

Part I - The Price Quote shall contain the following:

a. SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - Request for Quotation (SF 1449). When completed and signed by the offeror, this document, constitutes the offeror's acceptance of the terms and conditions of the proposed contract. Therefore, the form must be executed by representatives of the offeror authorized to commit the offeror to contractual obligations. Offerors shall sign the SF 1449 in Block # 30a. This document can be found in Section 2.12, Attachment #1.

b. PRICING - The offeror shall indicate itemized prices for all services required to comply with the requirements of this contract.

Part II - The Technical Requirement shall contain the following:

· Technical Information shall be provided in sufficient detail as to show that the services offered meet and are in compliance with the technical specifications/descriptions as listed in Section 2.0. Lack of technical information may cause an offer to be found unresponsive.

· Timetable

· Past Performance – the Contractor shall supply the contact information for three contracts that are similar in size and scope as this one that demonstrate the Contractors understanding and ability to perform the requirements as listed in this RFQ. The information required: the name of the Company/Agency, the POC’s name and e-mail/phone number, name of the contract, contract value and a brief description of work covered by the contract.

· Qualifications – provide statement that all technicians working on this requirement have received proper training/certification.

· Completed Attachments from Section 2.12.

2.8.2 Restrictive Data

Offerors submitting restrictive data in their quote that they do not want disclosed to the public for any purpose or used by the Government except for evaluation purposes, shall:

Mark the title page with the following legend: “This quote includes date that shall not be disclosed outside the Government and shall not be duplicated, used or disclosed – in whole or in part – for any purpose other than to evaluate this quote or quotation. If, however, a contract is awarded to this offeror as a result of – or in connection with – the submission of this data, and the

Government incorporates the quote as part of the award, the Government shall have the right to duplicate, use, or disclose data. Also, this restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to the restriction is contained in page (insert numbers or other identification of pages); and Mark each pages of data that is restricted with the following legend: “Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this quote.”

The Government assumes no liability for disclosure or use of unmarked data and may use or disclose the data for any purpose. Unless restricted, information submitted in response to this request may become subject to disclosure to the public pursuant to the provisions of the Freedom of Information Act (5 U.S.C. 551).

2.8.3 Technical Assumptions

Offerors shall identify and address assumptions affecting the technical proposal citing the component(s) of the proposal to which they pertain. The Government reserves the right to reject any quote that includes any assumption that adversely impacts the Government’s requirements.

2.9 EVALUATION AND AWARD PROCESS

52.212-2 Evaluation—Commercial Items (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is the lowest priced technically acceptable. The following factors shall be used to evaluate offers: (i) technical capability to meet the Government requirement; (ii) price; (iii) past performance.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The Offeror:

1. Submits a Technical Proposal that addresses the major elements of the SOW.

2. Provides the names and contact information of three (3) references to provide past performance information to the FBI. With this, include experience regarding similar work described in this requirement performed during the last five (5) years. Provide a description of work performed, contract's value, client identification (agency name or company name), COR (or equivalent), telephone number and email address. If offerors are proposing to use subcontractors for a portion of the work, the same past performance information should be provided to enable the Government to assess their experience.

3. Overall, the Government will take into consideration the offeror's proposal quality, detail and relevance of information presented in response to this RFQ. The contract will be awarded to the lowest priced technically acceptable offer.

2.10 PROCESS SCHEDULE

2.10.1 Questions

Offerors are requested to submit their questions grouped by RFQ section and make reference to the particular section/subsection number. Questions must be received before Wednesday, August 12, 2020 at 11:00 AM EST. Questions or requests for an extension submitted after the cut-off date will not be considered.

Any information that needs to be given to prospective Offeror(s) concerning this solicitation will be furnished promptly as an amendment to the solicitation in Fed Biz Ops via BetaSam.

2.10.2 RFQ Response

Quotes not received by 11:00 AM EST, Friday, August 21, 2020 will not be considered. No Courier or Mailed copies will be accepted or considered.

2.11 POINTS OF CONTACT

2.11.1 Contract Specialist (CS)

The CS for this contract is Desiree N. Lehman and she may be contacted at:

4940 Fowler Road Redstone Arsenal, AL 35898 Email: dnlehman@fbi.gov

The functions inherent to this contract shall be performed by the CS listed above. The assigned TPOC shall ensure all actions pertaining to this contract are requested via the CS.

2.11.2 TPOC

a) TBD is hereby designated to act as TPOC under this contract.

b) The TPOC 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 by payment.

c) The TPOC 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 Offices shall issue such changes.

2.12 ATTACHMENTS

All attachments are required as a part of the Offeror’s quote.

ATTACHMENT 1: STANDARD FORM (SF) 1449

ATTACHMENT 2: CONTRACT TERMS AND CONDITIONS

ATTACHMENT 3: CONTRACTOR CERTIFICATION OF TAX REQUIREMENTS

ATTACHMENT 4: INVERTED DOMESTIC CORPORATIONS FORM

RFQ-6127

RFQ-5146 Page 5 image1.jpeg image2.png image3.jpeg image4.emf

SF1449 - Com Tower.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

DJF-20-1800-PR-0005146

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

RFQ - 5146

6. SOLICITATION ISSUE DATE

8/3/2020

7. FOR SOLICITATION INFORMATION CALL:

a. NAME

Nancy J. Beck, Contracting Officer

b. TELEPHONE NUMBER (No collect calls)

202-324-2947

8. OFFER DUE DATE/ LOCAL TIME

8/21/2020

11:00 AM EST

9. ISSUED BY

CODE

15F067

10. THIS ACQUISITION IS UNRESTRICTED OR

SET ASIDE: 100

% FOR: SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED HUBZONE SMALL

SMALL BUSINESS PROGRAM NAICS: BUSINESS

EDWOSB

517919

SERVICE-DISABLED

VETERAN-OWNED

SIZE STANDARD:

SMALL BUSINESS

8 (A)

FEDERAL BUREAU OF INVESTIGATION

ITAU - Information Technology Acquisition Unit 935 Pennsylvania Ave., NW

Washington, DC 20535-0001

11. DELIVERY FOR FOB DESTINA- TION UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

16. ADMINISTERED BY

Quantico, Virginia

See Block 7a

17a. CONTRACTOR/ CODE

FACILITY

18a. PAYMENT WILL BE MADE BY

OFFEROR

SUBMIT ALL INVOICES VIA EMAIL TO CENTRAL_INVOICES@FBI.GOV

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

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

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22. UNIT

23.

UNIT PRICE

24.

AMOUNT

Tower Work at Quantico, VA

(Use Reverse and/or Attach Additional Sheets as Necessary) ea

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

9. AWARD OF CONTRACT: REF.

OFFER

DATED . _______ . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

Nancy J. Beck

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22. UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

36. PAYMENT

COMPLETE

PARTIAL

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41c. DATE

42b. RECEIVED AT (Location)

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

42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

image5.emf

Tower%20Clauses2.docx

TERMS AMD CONDITIONS

RFQ-5146

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 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 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.

SAFEGUARDING OF INFORMATION

The contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person or entity any information known to them by reason of their performance of service under this contract which has not been made public, except in the course of their duties or by written authorization of the 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. This means direct communication with the Contracting Officer or E-Mail messages acknowledging the Contractor's notification. The incumbent Contractor is responsible for assisting the Government in estimating the adverse impacts of nonperformance and to work diligently with the Government to develop a strategy for maintaining the continuity of operations.

The Government 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 Regulation.

INVERTED DOMESTIC CORPORATIONS

Section 743(a) of Division D of the Omnibus Appropriations Act 2009, prohibits the Federal Bureau of Investigation from entering into any contract with any foreign incorporated entity which is treated as an inverted domestic corporation under Section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. § 395(b)) or any subsidiary of such entity. This prohibition does not apply to contracts entered before March 11, 2009, or to any task order issued pursuant to such contracts, The Attorney General shall waive prohibitions in the interest of national security.

The Contractor under this solicitation warrants that:

It is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. §395(b).

It is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395(b), but it has submitted a request for a waiver or plans to submit a request for waiver.

A copy of the approved waiver, if a waiver has been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

The Contractor warrants that if at any time after award it discovers it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395 (b) and a waiver was not obtained, the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer. The Government may, however, terminate the contract at no cost to the Government.

CLAUSES INCORPORATED BY REFERENCE

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://www.acquisition.gov/far/

52.203-12 Limitation of Payments to Influence Certain Federal Transactions (Jun 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

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

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.211.11 Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000)

52.212-4 Contract Terms and Conditions –Commercial Items (Oct 2018)

52.216-20 Definite Quantity (Oct 1995)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. (Jun 2020)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 Drug-Free Workspace (May 2001)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts for Prompt Payment (Feb 2002)

52.232-11 Extras (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.242-13 Bankruptcy (Jul 1995)

52.242-15 Stop-Work Order (Aug 1989)

52.243-1 Changes – Fixed-Price (Aug 1987) with Alternate II (Apr 1984)

52.246-2 Inspection of Supplies – Fixed Price (Aug 1996)

52.246-4 Inspection of Services – Fixed Price (Aug 1996)

52.247-34 F.O.B. Destination (Nov 1991)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)

52.249-4 Termination for Convenience of the Government (Services) (Short Form) (April 1984)

52.249-8 Default (Fixed-Price Supply and Services) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

CLAUSES INCORPORATED IN FULL TEXT

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jul 2020)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

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

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

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) ( 41U.S.C.4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

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

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

___ (5) [Reserved].

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

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

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

___ (10) [Reserved].

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

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

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

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

___ (13) [Reserved]

_x_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) of 52.219-6 (15 U.S.C. 644).

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

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

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

___ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

___ (v)Alternate IV (JUN 2020) of 52.219-9

___ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

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

___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

_x_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

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

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

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

___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

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

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

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

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

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

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

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

_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

___ (ii) Alternate I (JUL 2014) of 52.222-36.

_x_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

___ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

___ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (OCT 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (JUN 2014) of 52.223-16.

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN…