TTX_Solicitation_mod.docx

The following solicitation provisions apply to this acquisition:

FAR CLAUSES

52.212-2 Evaluation—Commercial Items (JAN 1999).

(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, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Past Performance Price

(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 technical section shall describe, in detail, the training and available training tools. The offeror shall include in the technical portion a detailed description of how they can meet the government’s stated requirements. Technical proposals will be rated as pass/fail.

Past performance will be rated as acceptable/unacceptable. Past performance will be evaluated on the ability of the offeror to meet the past performance requirements. Past performance should describe a record of performance in providing education and training services including current and relevant information, source of the information, context of the data, and general trends in performance. The offeror shall submit a minimum of three examples of other-than-FBI past performances. Offerors shall submit points of contact for their examples.

Price will be evaluated, but not scored. The proposed prices will be evaluated for price reasonableness. Offerors shall include their pricing and payment terms and conditions in their proposals.

Evaluations will be conducted in accordance with FAR Part 12.601. The award will be made to the offeror whose proposal represents the best value to the Government.

Quotations may be submitted via email to tijuana.benn@ic.fbi.gov. Hand delivered quotations will not be accepted.

Quotations are due by 5:00pm Eastern time on Wednesday, August 13, 2014. Any quotation or modification will not be accepted after the due date and time.

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/

The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. All offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items with their proposals. The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition. The following clauses are applicable to this acquisition: 52.212-5, 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553), 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402), 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313), 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012), 52.217-8 Option To Extend Services (NOV 1999), 52.232-18 Availability Of Funds (APR 1984), 52.232-19 Availability OF Funds For The Next Fiscal Year (APR 1984), 52.232-38 Submission Of Electronic Funds Transfer Information With Offer (MAY 1999), 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644), 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2), 52.222-26, Equal Opportunity (MAR 2007), 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (OCT 2003) (31 U.S.C. 3332), 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

FBI CLAUSES

SMALL BUSINESS ACCELERATED PAYMENT

The contractor must list 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.

PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE- JUSTICE ACQUISITION REGULATION (JAR) 2852.223-70 Protests filed directly with the Department of Justice (JAN 1998) (a) The following definitions apply in this provision: (1) “Agency Protest Official” means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice. (2) “Deciding Official” means the person chosen by the protestor to decide the agency protest; either the Contracting Officer/ Agency Protest Official. (3) “Interested Party” means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. (b) A protest filed directly with the Department of Justice must: (1) Indicate that it is a protest to the agency. (2) Be filed with the Contracting Officer. (3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest. (4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official. (5) Include the information required by FAR 33.103(d)(2): (i) Name, address, facsimile number and telephone number of the protestor. (ii) Solicitation or contract number. (iii) Detailed statement of the legal and factual grounds for the protest, to include a description of the resulting prejudice to the protestor. (iv) Copies of relevant documents. (v) Request for a ruling by the agency. (vi) Statement as to the form of relief requested. (vii) All information establishing that the protestor is an interested party for the purpose of filing a protest. (viii) All information establishing the timeliness of the protest. (c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest. (d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency protest Official will not consider appeals from the Contracting Officer’s decision on an agency protest. (e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties. (f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official. (g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable. (h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protestor for any legal fees related to the agency protest. (i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn. (j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written. (k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

DOJ SECURITY OF SYSTEMS AND PII- CONTRACT SECURITY REQUIREMENTS FROM ACQUISITION SECURITY UNIT (ASU), PROCUREMENT SECTION DIRECTIVE (PSD); 11-24.101 INFORMATION TO BE INCLUDED IN CONTRACT: 1.2 Special Security Requirements: A. Security of Systems and Data, Including Personally Identifiable data: a. Systems Security: The work to be performed under this contract requires the handling of data that originated within the Department of Justice, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel. For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice systems, including but not limited to all Executive branch system security requirements (e.g. requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to information regarding the contractor’s systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews and access by the DOJ Office of the Inspector general for its reviews. The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the Contracting Officer (CO) certifying the following requirements: 1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product; 2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date; 3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism; 4. The contractor shall log all computer-readable data extracts from databases holding sensitive information unless designated as non-sensitive by the Department; 5. Contractor-owned removable media, such as removable hard drives, flash drives, CD’s, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product; 6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ; 7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts; 8. Rules of behavior must be signed by users. These rules address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information; 9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor’s project management and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work; b Data Security: By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of an actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour or discovery) report the breach to the CO and the Contracting Officer’s Representative (COR). If the data breach occurs outside of regular business hours and/or neither the CO nor the COR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-874-2378 within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours. c. Personally Identifiable Information Notification Requirement: The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identification information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contract shall be coordinated with, and be subject to the approval of, the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department’s Data Breach Notification Procedures, which may include offering credit monitoring when appropriate. d. Pass-through of Security Requirements to Subcontractors: The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor. B. Information Resellers of Data brokers: Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certified that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost, or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department Contracting Officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall notify the individuals until it receives further instruction from the Department.