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Characterization of Improvised Explosives
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DJF-16-1200-R-0000062
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DJF-16-0700-PR-0000018

SECTION B

SERVICES AND PRICES/COSTS

B.1 General

The Contractor shall provide, in accordance with issued Task Orders (TOs), all management, labor, facilities, and materials necessary to perform the physical, chemical, and detection characterization of improvised explosives on an Indefinite Delivery/Indefinite Quantity (IDIQ) basis. TOs will be Firm Fixed Price (FFP) in accordance with Federal Acquisition Regulation (FAR) Part 16.5. TOs will be issued in accordance with the procedures set forth in Sections G.7, H, and I.

B.2 Contract Type

This is a single award IDIQ type contract for services to a single Contractor. Multiple TOs may be issued under this IDIQ contract on a FFP basis.

B.3 Contract Pricing

B.3.1 All TOs issued will be FFP.

(a) When pricing TOs under the IDIQ the Contractor shall provide firm fixed pricing.

Travel and Per Diem. TO-related costs, (e.g., conferences, specialized training, etc. to include travel, lodging, and meals) are reimbursable in accordance with FAR 31.205-46 and the Federal Travel Regulations (FTRs) and shall be broken out separately when providing pricing on individual TOs IAW a Not-To-Exceed Ceiling set forth in Section H. No contract travel shall be conducted to support the requirements of TOs without advance written approval from the Contracting Officer’s Representative (COR).

B.3.2 Minimum and Maximum Amounts, Indefinite Delivery/Indefinite Quantity (ID/IQ)

In accordance with FAR 52.216-22, the Government shall order the minimum under this contract, which is $225,000. The cumulative amount of all TOs shall not exceed $50,000,000.00 for the entire period of performance (POP) of the contract (including options, if exercised). The authority and ordering procedures to issue TOs are addressed under Section G.7 and Section H.5 of the contracts.

B.3.3 Funding

Funds for the services provided will be obligated, at the TO level, as they become available, or excess funds de-obligated at the TO level, by modification to the TO contracts unilaterally by the Government. The Contractor will only be paid for effort that has been authorized by the Government and performed in accordance with the contract specifications.

B.4 Issuance of Task Orders

Individual TOs will be issued as requirements occur. TOs will specify work to be performed. The Contractor shall perform all services in accordance with the TO Statement of Work (SOW). The terms and conditions set forth in the IDIQ contract will always apply. All TOs will be FFP.

B.6 Compliance with Service Contract Act

The Service Contract Act of 1965 (as amended) requires all Contractors performing on service contracts in excess of $2,500 to which no predecessor Contractor’s collective bargaining agreement applies pay their employees at least the wages and fringe benefits found by the Department of Labor to prevail in the locality. Additional information regarding compliance with this Act may be found in Section I and in FAR Subpart 22.10. The prevailing wage determinations for Quantico, Virginia, are included as Attachment 1. Prevailing wage information is available from the Department of Labor website at http://www.wdol.gov/sca.aspx#0.

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Description of Services/Introduction: The Contractor shall provide labor and other services to perform the effort in accordance with the terms and conditions of the requesting IDIQ SOW and awarded TOs.

C.1.1 Scope

This SOW is for the physical, chemical, and detection characterization of improvised explosives to be performed for the Federal Bureau of Investigation (FBI), Laboratory Division (LD), Terrorist Explosive Device Analytical Center (TEDAC). Various scientific and other services related to the characterization of improvised explosives shall be provided to meet the missions of the FBI. Work under this IDIQ contract will be authorized and more specifically defined in individual TOs executed by the Contracting Officer (CO).

The Contractor will perform the services based on individual TOs executed by the CO.

C.1.2 Background

Worldwide events have demonstrated that terrorist groups have a continuing interest in manufacturing and using improvised explosives, also referred to as homemade explosives, in bombing attacks. Improvised explosives consist of suitable combinations of fuels and oxidizers (either as physical mixtures or incorporated at the molecular level) that can have energetic potential. A crucial intelligence and operational mission of the FBI is to provide timely and accurate technical threat assessments to assist in disrupting the planning stage of such an attack and to provide the intelligence and law enforcement community technical details to better understand the threat posed by an improvised explosive in various physical configurations and sizes. Unfortunately, scientific information pertaining to the hazards and explosion potential of improvised explosives is scant.

As part of this effort, it is also crucial for the U.S. Government to develop the technical capabilities to detect, interdict, and lessen the impacts of non-nuclear explosives used in terrorist attacks against mass transit, civil aviation, and critical infrastructure. This includes, but is not limited to, passenger, baggage, and cargo-screening technologies; blast-resistant aircraft construction; and integrated protective systems for high-value facilities.

The FBI is looking for an experienced team to safely process, handle, and characterize improvised explosives. The Contractor team shall develop, process, and handle explosives that will be used for experimental activities to be conducted by the team. In addition, the Contractor team shall assist in the collection and analysis of explosive detection system (EDS) performance data.

C.1.3 Types of Work

Tests previously performed for the Government have included measurements of the thermal stability, physical stability, and explosive performance characteristics of improvised explosives. Safety and hazard characterization of improvised explosives provides crucial information regarding their safe handling, processing, and scale-up. Performance characterization experiments, such as, but not limited to, rate stick, critical diameter, and air blast arena tests, are used to test the explosive in a variety of scenarios to determine its explosive potential and quantify its energy release. This has included the remote mixing and processing of improvised explosives, up to 5000 lb for select materials, to meet national security threat and mission-critical requirements.

This IDIQ continues these types of characterization efforts, and describes new efforts centered on detection and desensitization technologies, designed to provide useful scientific information to the Government for use in legal and regulatory settings and in the preparation of technical threat assessments and reports that will be disseminated to other domestic and international law enforcement agencies, intelligence agencies, and the homeland security community.

C.1.4 Program Description

Specifically, the program pursues technical services that are capable of supporting the major Functional Areas outlined below. Specific task details will be described in further TOs to be released by the Government.

C.1.4.1 Functional Area 1: Project Management

· The Contractor shall perform appropriate administrative duties for this contract, including, but not limited to, oversight and management of technical performance, cost, schedule, data delivery requirements, and documentation.

C.1.4.2 Functional Area 2: Explosives Processing and Characterization Testing

· Develop and submit for Government review all methods, plans, and Standard Operating Procedures (SOPs) to safely handle, process, scale-up, and characterize explosives, explosives surrogates, and chemical precursors. The majority of this work is anticipated to involve improvised explosives.

· Safely handle, process, and scale-up bulk quantities of explosives, explosives surrogates, and chemical precursors, in accordance with Contractor-developed, Government-reviewed SOPs to ensure consistent samples. A majority of this work is anticipated to involve the chemical and physical characterization of improvised explosives. The Government will specify the explosives to be tested in each TO.

· Use standard Quality Control (QC) procedures and instrumentation to validate the explosive formulations, as approved by the Government.

· Characterize explosives, chemical precursors, and explosives-related items, including, but not limited to,

· Modeling and simulation, to include appropriate software and computer code development.

· Developing quick-look guides and detailed user manuals for any software or computer code developed.

· Measuring important safety properties, including, but not limited to, physical and thermal hazard sensitivities. Such tests include, but are not limited to, impact, friction, electrostatic discharge (ESD), differential scanning calorimetry (DSC), thermogravimetric analysis (TGA), vacuum thermal stability (VTS), time-to-explosion (TTE), advanced reactive system screening tool (ARSST), micro-calorimetry, and cook-off testing.

· Measuring performance properties, including, but not limited to, air blast characteristics, air blast damage, detonator sensitivity, bullet impact, diameter effects, critical diameter, cylinder expansion, detonation calorimetry, and other energy release tests designed to measure the performance and energy output of the explosive. Air blast arena tests may involve up to 5000 lb charge sizes in various configurations, including vehicle-borne improvised explosive devices (VBIEDS).

· Measuring the damage potential of explosives against critical infrastructure, various structural and non-structural components, and other witness materials to be specified by the Government.

· Measuring performance properties of improvised explosive devices (IEDs), initiating systems, detonating cord, detonators,

· Measuring the performance properties of explosives-related diagnostic equipment, including, but not limited to, pressure transducers and stress gauges.

· Measuring important signatures, which may include elemental analysis, physical density measurements, optical microscopy, scanning electron microscopy (SEM), laser flash analysis (LFA), optical dilatometry, particle size analysis, Fourier Transform Infrared Spectroscopy (FT-IR), Raman Spectroscopy, Ultraviolet Visible (UV-Vis) Spectroscopy, and Nuclear Magnetic Resonance Spectroscopy (NMR).

· Testing chemical precursors and improvised explosives for Government programs evaluating regulation standards such as, but not limited to, the Chemical Facility Anti-Terrorism Standards (CFATS).

· Reduction and analysis of data from tests.

· Production of technical reports and presentations detailing results and analysis from tests.

· Production of best practice guides and manuals detailing the hazards, processing, scale-up, and testing of various improvised explosives and chemical precursors characterized as part of the program described herein or from past efforts funded by the Government.

· Integration of multi-year explosives characterization efforts into comprehensive guides, reports, publications, and presentations.

· Research and develop the capability of predicting the detonability of explosives before experimental data are available.

· Correlate experimental data with simulated results, chemical structure, optical signatures, and density information to develop the predictive capability for explosive detection signatures.

C.1.4.3 Functional Area 3: Explosives Detection

C1.4.3.1 Explosive Detection System (EDS) Operation and Testing

· House, operate, and maintain various bulk and trace explosive detection systems (EDS), which may include checked baggage scanners, checkpoint baggage scanners, body scanners, trace detectors, standoff detection systems, and bottle liquid scanners.

· Test explosives in various EDS equipment and acquire and process appropriate data using Government-approved procedures.

· Testing shall include actual explosives, improvised explosive devices (IEDs), chemicals, and simulants to be defined by the Government.

· Testing shall be done on amounts to be defined by the Government, including threat weight masses.

· Testing shall be done utilizing various configurations of EDS equipment, including, but not limited to, experimental scenarios using multiple systems interfacing with each other and a central data processing system.

· Produce technical reports and presentations detailing results and analysis from explosives detection tests.

C1.4.3.2 EDS Test Plan Development

· Document all test articles scanned through each EDS, including contents, test material placement, and orientation of test material at a production level test capacity.

· Maintain electronic copies of all test material documentation for each specific EDS tested, including test data, spreadsheets, photos, test material chain of custody forms, and data tracking receipts.

C1.4.3.3 EDS Data Management and Information Technology

· Analyze data generated from EDS equipment and provide appropriate data management tools for the maintenance and storage of such data.

· Securely maintain, store, transmit, and ship all data and documentation for each piece of EDS equipment in accordance with Government instructions.

· Download all data in accordance with system specific procedures provided by the Government and EDS equipment vendor.

· Develop and maintain large, searchable databases of files and images (i.e., terabytes of data) capable of user access at multiple levels within the database, metadata tagging, and refined search capabilities.

· Develop and maintain shared service networks such that users from different locations can securely access and transfer large data and image files (i.e., terabytes of data) quickly and efficiently.

· Electronically transfer sensitive EDS data to a data processing computer or shared service network by an approved file transfer program, or directly onto external hard drives for transferring and archiving. External hard drives shall be securely packaged, encrypted, and shipped to the recipient as requested by the Government.

· Develop and maintain appropriate information technology (IT) systems, such as, but not limited to, multiple server platforms to store data in a secure manner, to include security protocols, data back-ups, and continuity of operations planning, and that allows for proper synchronization of data across platforms and user interfaces.

C1.4.3.4 EDS Maintenance

· Coordinate logistical and physical maintenance, as well as proper storage of all EDS equipment, with the associated equipment vendors.

· Ensure that user-level preventative maintenance is performed on all EDS equipment; ensuring that such maintenance does not invalidate data collection and processing, a manufacturer’s warranty, or other agreement.

· Develop and maintain a floor plan for the EDS equipment test space, to include restrictions on proximity between systems. Update the floor plan as needed.

· Maintain records to document all maintenance and service performed on each EDS.

· Maintain records to document all changes related to hardware and software for each EDS.

· Maintain records to document daily calibration on each EDS to ensure system is operating properly in accordance with vendor specifications.

· Ensure that all EDS equipment is accounted for, calibrated, serviceable, and available for use to support operations.

C1.4.3.5 EDS Data Collection Training

· Institute a system operator-training program that details basic EDS operations, startup/shutdown procedures, data collection, and data management.

· Maintain and update a list of trained and approved personnel so that only those personnel operate EDS equipment.

C1.4.3.6 Explosives Detection Research

· Perform fundamental research in detection technologies to aid in the overall explosives detection effort, to include, but not be limited to, explosives trace portals, canines, advanced imaging technology (AIT), standoff detection systems, and other methods of explosives detection.

C.1.4.4 Functional Area 4: Explosives Desensitization

· Design, develop, and execute explosives research and testing efforts to enhance, validate, and document procedures to desensitize explosives. A majority of this work is anticipated to involve the desensitization of improvised explosives. The Government will specify in each TO the explosives and desensitizing materials to be tested.

· Characterize and compare the neat and desensitized explosives using techniques as described in Functional Area 2: Explosives Processing and Characterization Testing.

C.1.4.5 Functional Area 5: Laboratory Instrumentation and Equipment

C.1.4.5.1 Laboratory Instrumentation and Equipment Market Research

· Aid in the development of laboratory instrumentation and equipment specifications.

· Perform market research of laboratory instrumentation and equipment.

· Obtain literature from multiple vendors to ascertain products that meet Government technical specifications.

· Compile market research of laboratory instrumentation and equipment and make technical recommendations as to which products best satisfy the technical needs of the Government.

· Produce reports and databases summarizing results from market research efforts.

C.1.4.5.2 Laboratory Instrumentation and Equipment Design and Fabrication

· Design, develop, manufacture, and install custom-fabricated equipment and instrumentation to support explosives characterization and testing efforts. Such equipment includes, but is not limited to,

· Small-scale safety testing machines such as, but not limited to, electrostatic discharge (ESD) testers, impact testers, and friction testers.

· Test fixtures for performing explosives characterization testing.

· Explosion chambers for performing cook-off tests.

· Detonation research chambers for performing explosives performance testing such as, but not limited to, rate stick, diameter effects, and air blast tests.

· Mixing chambers designed for the bulk manufacturing of explosives.

· Command and control instrumentation hardware/software for the remote mixing of explosives.

· Large data collection systems for the automation of data collection, processing, and analysis efforts.

· Appropriately modify custom-designed equipment and instrumentation that has already been developed for the Government in the area of explosives characterization and testing.

· Document modifications to all equipment and instrumentation.

· Produce reports and/or user manuals for developed equipment and instrumentation.

· Appropriately package and ship instrumentation and equipment per instructions provided by the Government.

· Install, set-up, calibrate, and conduct testing of instrumentation to assure it is in working order.

C.1.4.5.3 Laboratory Instrumentation and Equipment Maintenance

· Ensure that user-level preventative maintenance is performed on all instrumentation and equipment and properly recorded; ensuring that such maintenance does not invalidate data collection and processing, a manufacturer’s warranty, or other agreement.

· Ensure that all instrumentation and equipment is accounted for, calibrated, serviceable, and available for use to support operations.

· Maintain and update list of trained personnel and ensure that only properly trained personnel operate instrumentation and equipment.

C1.4.6 Functional Area 6: Canine Explosives Detection

· Provide support in the optimization of canine explosives detection efforts, including, but not limited to:

· Development of appropriate training aids.

· Optimization of imprinting practices.

· On and off leash utilization procedures.

· Novel training techniques.

C.1.4.7 Functional Area 7: Technical Journal Articles

· The Contractor shall prepare explosives research-related journal articles, as requested by the Government. Any prepared journal articles will be subject to the FBI Laboratory Division’s publication policy. If approved, the Contractor shall submit them for publication in a peer-reviewed, technical journal to be specified by the Government. The Contractor will consult with Government technical representatives regarding the content of the article before its preparation.

C.1.4.8 Functional Area 8: Training

· The Contractor shall provide training to the Government and other contractor personnel in the following areas as specified by the Government:

· Processing, handling, scale-up, and testing of chemical precursors, explosives surrogates, and explosives.

· Instrumentation and equipment setup, calibration, and utilization during testing efforts.

· Technical data analysis.

· Use of automated systems to perform data analysis.

· Safe operation of all equipment using appropriate SOPs.

· Maintenance of databases, network infrastructures, and secure data transfer and utilization capabilities.

· The Contractor shall attend appropriate training classes and/or conferences at the request of the Government. Attendance at training and conferences shall be pre-approved by the Government.

C1.4.9 Functional Area 9: Computer Modeling and Software Development

· The Contractor shall develop appropriate computer models, software, and information technology (IT) infrastructure to support all tasks on this effort. Such models and software may include, but not be limited to,

· Hydrodynamic models

· Computational fluid dynamics (CFD) models

· Air blast models

· Air blast calculation tools

· Explosives physics and chemistry calculation tools

· Heat transfer models

· Relational databases

C.1.4.10 Functional Area 10: Mission-Critical, Operational Research, Development and Testing (RDT&E) of Explosives or Chemicals of Interest to National Security

· The FBI is often tasked in-house and externally by numerous domestic and foreign law enforcement and intelligence agencies to quickly assess, often within a matter of days, the safety hazards and detonation potential of chemicals, improvised explosives, and improvised explosive devices (IEDs). These rapid assessments involve determining whether a list of chemicals, explosives, or physical components could be utilized to manufacture an IED, establishing whether a chemical mixture is an improvised explosive, and authoritatively defining and reporting on the potential damage that could be caused by the detonation of such a mixture. The Contractor shall provide assistance to the Government in any of the Functional Areas described herein, and specifically in the following areas:

· Performance of physical, chemical, and detection characterization testing on chemicals and/or explosive mixtures to be specified by the Government from current intelligence and investigative information. This work is often mission-critical and requires a fast turn-around time (e.g., within days or weeks). The Contractor must be able to operate within these time constraints if and when the need arises.

SECTION D

PACKAGING AND MARKING

D.1 Packaging and Marking

Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination as noted in SOW, as applicable to the TO. Refer to the SOW for specific packaging and marking of the deliverable item.

If applicable, documents that have a security classification shall be packaged and forwarded through channels as set forth in the National Industrial Security Program Operating Manual (NISPOM) (DOD 5220.22M).

D.2 Markings

All deliverables submitted to the CO, COR, and the TO COR shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

(a) Contract Number;

(b) Task Order Number;

(c) Name and address of the consignor;

(d) Name and address of the consignee:

(e) Government bill of lading number covering the shipment (if any); and

(f) Description of the item/material shipped, including item number, quantity, number of containers, and package number (if any).

Specific marking requirements may be addressed in individual TOs.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.252-2 Clauses Incorporated by Reference (JUN 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 full text of a clause may be accessed electronically at this address: www.arnet.gov/far.

52.246-2Inspection of Supplies-Fixed Price (AUG 1996)
52.246-4Inspection of Services-Fixed Price (AUG 1996)

SECTION F

DELIVERY OR PERFORMANCE

F.1 Period of Performance

The period of performance shall be for one (1) twelve (12) month base period and for (4) 1-year option periods. The periods for Performance are as follows:

F.1.1 The base period of performance of this contract will begin upon contract award and will continue for twelve (12) months.

F.1.2 The period of performance for Option year 1, if exercised, shall be from date of Option exercise through one year.

F.1.3 The period of performance for Option Year 2, if exercised, shall be from date of Option exercise through one year.

F.1.4 The period of performance for Option Year 3, if exercised, shall be from date of Option exercise through one year.

F.1.5 The period of performance for Option Year 4, if exercised, shall be from date of Option exercise through one year.

F.2 Task Order Performance Period and Pricing

TOs may be issued at any time during the performance period of the contract. The period of performance (POP) will be specified in the TO. If a disparity arises between this contract or any modifications in force and a TO, this contract and its modifications will take precedence.

F.3 Delivery

The items required under each individual TO shall be delivered and received within the time frame specified in each TO.

F.4 Place of performance

It is anticipated that the principal place of performance for this contract shall be at the contractor or contractor’s team locations or other applicable locations that are approved by the Government. Place of performance shall be set forth in individual TOs.

F.5 Deliverables

Applicable deliverables, their required delivery dates, and destination of delivery will be specified in each TO issued under this contract. The schedule for completion of work to be performed under this contract will be delineated in each TO issued under this contract, as applicable.

For the purpose of delivery, all deliverables shall be made by close of business (COB) 4:30 PM local time at destination, Monday through Friday, unless otherwise stated in the TO.

All deliverables submitted in electronic format shall be free of any known computer virus, technical defects, or material that contravenes FBI network security policies. If a virus or other technical or security issue is found, the deliverable will not be accepted. The replacement file shall be provided within two (2) business days of notification of the issue.

Each contract-level and TO-level deliverable shall be accompanied by a cover letter from the contractor on company letterhead. Multiple deliverables may be delivered with a single cover letter describing the contents of each complete package.

F.6 Subcontracting Plan Reports

The Contractor's subcontracting plan shall include assurances that the Contractor will (1) submit the Individual Subcontracting Reports and Summary Subcontracting Reports under the eSRS and (2) ensure that its subcontractors agree to submit Individual Subcontracting Reports and Summary Subcontracting Reports at all tiers, in eSRS. The Contractor or subcontractor shall provide such information that will allow applicable lower tier subcontractors to fully comply with the statutory requirements of FAR 19.702.

F.7 Project Management and Test Plans The Contractor shall provide a Project Management Plan (PMP) and Project Test and Safety Plan (PTSP), as applicable, for each TO under this effort, to the COR and Program Manager (PM). Details regarding the contents of these plans shall be provided in each TO.

F.8. Literature Surveys

Some TO efforts may require the production of detailed literature surveys. These surveys may include recommendations to the Government as to future research needed in specific areas. The Contractor shall provide these surveys, as applicable, to the COR and PM. Details regarding the contents of these surveys shall be provided in each TO, when applicable.

F.9 Monthly Task Order Status Reports and Quad Charts

The Contractor shall provide monthly technical status and financial reports (MSRs) (Attachment 3), as well as quad charts (Attachment 4), to the CO, COR, and PM. Specific requirements for the contents of these documents shall be provided in each TO. The format may change depending on the TO requirement. The Government shall supply the appropriate MSR and quad chart format.

F.10 Raw Data Summary “Quick-Look” Reports

The Contractor shall provide raw data summary reports, also referred to as “Quick-Look” reports, as applicable, to the COR and PM. These reports shall include raw data only and shall differ from the Technical Reports in that they shall not contain any technical analysis or conclusions as to the meaning of the data. The format may change depending on the TO requirement. A Contractor-specified format is acceptable. Specific requirements for these reports will be provided by the Government in each TO.

F.11 Technical Reports and Presentations The Contractor shall provide technical reports and presentations, as applicable, to the COR and PM. The format may change depending on the TO requirement. See Attachment 8 and Attachment 9 for specific requirements for these documents.

F.12 Raw Data Submission The Contractor shall provide all raw data in electronic format, as well as all removable media purchased, at the end of the TO POP.

F.13 Chemical Removal/Disposal Verification Letter The Contractor shall provide a letter to the COR verifying the proper storage, removal, and disposal of all chemicals at the end of the TO POP in accordance with applicable state and Federal regulations.

F.14 Kickoff Meeting The Contractor shall contact the COR and PM within seven (7) days of a TO award to set up a kickoff meeting. Kickoff meetings will be held within thirty (30) days of TO awards at a location to be specified by the Government. Kickoff meetings may be done telephonically, as applicable.

F.15 Quarterly Progress Review Meetings (QPR) The Contractor shall present a quarterly status and financial briefing for each TO. This meeting will be held at a location to be specified by the Government, or may be done telephonically. See Attachment 7 for specific requirements for these presentations.

F.16 Final Technical Briefing The Contractor shall present a final technical briefing (Attachment 11) at the end of each TO period of performance. The briefing shall be conducted at a location to be specified by the Government. The Contractor may use other formats other than those laid out in Attachment 10 for this briefing, if approved in advance by the COR.

F.17 52.252-2 Clauses Incorporated by Reference (JUN 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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.arnet.gov/far.

52.242-15Stop-Work Order (AUG 1989)
52.242-17Government Delay of Work (APR 1984)

F.18 Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and COR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Contract Administration

The functions inherent to this contract shall be performed by the designated CO, per FAR Subpart 42.302, Contract Administration Functions. The duly assigned COR shall ensure all actions pertaining to this contract are requested via the CO. Further, CO functions performed shall be to the extent that they apply to the contract.

This contract will be administered by:

Eliana C. York
Contract Administrator
Science and Technology Contracts Unit (STCU)
2501 Investigation Parkway, Room 1230
Quantico, VA 22135
Telephone:(703) 632-8067
Fax:(703) 632-8480
Email:Eliana.York@ic.fbi.gov

Written communications shall make reference to the contract and purchase order number and shall be mailed to the above address unless otherwise instructed.

G.2 JAR 2852.201-70 Contracting Officer's Representative (COR) (JAN 1985)

(a) TBD located at FBI Laboratory, 2501 Investigation Parkway, Virginia, 22135, is hereby designated to act as COR for the physical, chemical, and detection characterization of improvised explosives TOs under this contract. Other CORs may be identified (per letter of COR delegation authority) per TOs awarded to FBI entities outside the aforementioned COR's area of Section responsibility.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the Contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(a) 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 CO shall issue such changes.

G.3 Invoicing Requirements

Invoices shall be submitted to the COR designated in this contract to receive invoices. A proper invoice shall include the information required by Section I, Clause 52.232-25, Prompt Payment (OCT 2008), which includes the following:

(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 the mailing or transmission.)

(3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(6) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(8) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(9) Electronic funds transfer (EFT) banking information.

It shall be the Contractor's responsibility to include this information on each and every invoice when invoicing for full or partial services performed. If an invoice does not contain the above information, the FBI reserves the right to reject the invoice(s) as IMPROPER and notify the Contractor within seven (7) days after receipt of the invoice at the designated billing office pursuant to the above referenced clause. (Re-submission of a PROPER invoice(s) will be required.)

G.4 Invoice Follow-ups

All follow-up invoices shall be marked "Duplicate of Original." Contractor questions regarding payment information or check identification should be telephonically directed to the CO.

G.5 Post-Award Conference

The Contractor agrees to attend a Post-Award Conference convened by the contracting activity in accordance with Federal Acquisition Regulation Subpart 42.5.

G.6 Ordering

(a) Ordering will be centralized. This contract is authorized to meet the needs of the FBI Laboratory. Ordering is centralized and limited to the CO listed in Section G.1.

(b) Any request for deviations from the terms of this Contract shall be submitted to the CO as identified in Section G.1.

(c) All orders issued under this contract are subject to the terms and conditions of this contract. The contract takes precedence in the event of conflict with any order.

(d) All services under this contract will be ordered by issuance of a written TO in accordance with FAR subpart 16.5, Indefinite Delivery Contracts.

(e) The place of performance and/or delivery for all items will be cited under individual TOs issued under this contract.

(f) The Contractor shall respond to all TO requests within the proposal submission date, as specified in the TO request submittal instructions.

(g) The Contractor is required to submit a response to all TO proposal requests (TOPR).

(h) The Contractor is responsible for all bid and proposal costs incurred in performance of the contract.

(i) Performance under orders shall commence only after receipt of an executed order via facsimile or email from the CO. The Government shall not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed orders.

(j) The CO reserves the right to withdraw and cancel a TOPR if issues pertaining to the proposed task arise that cannot be satisfactorily resolved.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Order of Precedence

In the event of inconsistencies between the terms and conditions of this contract, resultant TOs and Contractor TO proposals, the inconsistency shall be resolved by giving precedence in the following order.

(a) The contract

(b) The TOs, excluding the contractor TO proposals; and

(c) The Contractor TO proposal.

H.2 Type of Contract

IDIQ Contract with TOs. TOs will be issued as Firm Fixed Price (FFP).

H.3 Contractor Personnel

(a) Key personnel proposed by the Contractor and accepted by the FBI for TO performance under this contract shall possess the experience, education, and qualifications reflected in the Key Personnel resumes and be available for work as agreed. Those “key personnel” must be available to work on the TO for a minimum of 180 days or to TO completion, whichever occurs first. Replacement of Key personnel shall be in accordance with Section H.4 below.

(b) The Contractor must have the personnel, organization, and administrative control necessary to ensure that the services performed meet all the requirements specified in the TO. The work history of each Contractor employee shall contain experience directly related to the task and functions to be assigned. The CO reserves the right to determine if a given work history contains necessary and sufficient detailed and related experience to reasonably ensure the ability for effective and efficient performance.

(c) The CO shall have the discretion to require the Contractor to remove any Contractor personnel from the contract for any reason.

H.4 Addition or Substitution of Key Personnel The key personnel specified in this contract are considered to be essential to work performance. At least thirty (30) days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employment of the Contractor), the Contractor shall notify the CO and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the CO. The Government may modify the contract to add or delete key personnel at the request of the Contractor or Government.

Positions Identified as Key Personnel:

Position
Description
Principal Scientist (Physics or Chemistry) or Engineer (Chemical, Mechanical, Materials, or Explosive)
Organizes, directs, and manages support staff and is responsible for overall contract performance.
Project Engineer (Chemical, Mechanical, Materials, or Explosive)
Conducts engineering tasks such as, but not limited to, test design, high-speed data acquisition, and analysis.
Project Engineer (Chemical, Mechanical, Materials, or Explosive)
Conducts engineering tasks such as, but not limited to, detection test design, data acquisition, and analysis.
Senior Engineering Technician (Mechanical, Explosive, Electrical, or Electronics)
Conducts laboratory/field testing under the supervision of the project engineer.
Engineering Technician (Mechanical, Explosive, Electrical, or Electronics)
Installs, operates, maintains, and configures test fixtures and high-speed data acquisition systems.
Research Assistant (Chemical or Physical)
Assists in installation of detection systems, operates and maintains systems, and configures test fixtures.

Any additional personnel performing leadership and supervisory functions

H.5 Travel, Equipment and Data

H.5.1 Travel

CONUS or OCONUS travel may be required for the performance of the Functional Areas listed herein. Required travel shall be specified in each TO.

Should the Government authorize travel (CO/COR pre-authorized in writing as a bona fide need, directly task related under a TO), said travel shall be conducted in accordance with Federal Travel Regulations (FTR) and FBI policy. The FTR are available at http://www.gsa.gov. Travel shall be reimbursed based upon actual costs in accordance with the current FTR and IAW a Not-To-Exceed (NTE) Ceiling of $10,000.00 per year. The NTE ceiling might change as needed, subject to availability of funding.

Other travel to attend conferences and training may be permissible with prior written approval of the COR. The Contractor shall minimize travel and encourage cost saving means of attending meetings (e.g., teleconferencing).

H.5.2 Equipment and Government Property

H.5.2.1 Government Furnished Equipment (GFE)

The GFE in Attachment 2 will be provided to perform the tasks in individual TOs. The contractor shall specify in their proposal any further GFE required. Additional GFE may be provided as the need arises. Technical specifics regarding Explosive Detection Systems (EDS) to be utilized will be provided after contract award. EDS specifics shall also be included in each TO. All such equipment shall be supplied as GFE.

H.5.2.2 Required Equipment

The Contractor is expected to have access to a subset of the necessary equipment to fulfill the obligations of this effort. This includes, but is not limited to, an electrostatic discharge (ESD) testing machine, super small cook-off bomb (SSCB) apparatuses, air blast pressure gauges, oscilloscopes, and other data recording instrumentation.

If additional equipment is required to perform a specific task in a TO, such equipment shall be specifically identified in the proposal.

H.5.2.3 Equipment and Instrumentation Service

The Government may purchase applicable service plans, including long-term service maintenance plans, for GFE equipment and instrumentation located at the Contractor’s site should the need for such services arise. The Contractor shall specify in writing if equipment or instrumentation repair or service is required to perform any of the TOs. The Government shall pre-approve all service to be performed on GFE, to include visits by service personnel to sites where research under this effort is being performed.

H.5.3 Data Rights

The Contractor shall deliver all products and documents from this effort with unlimited rights to the Government. Unlimited rights means right to use, modify, display, release, or disclose technical data in whole or in part, in any manner and for any purpose whatsoever, and to have or authorize others to do so. Details regarding the appropriate marking of all data shall be included in each TO.

H.6 Law Enforcement Information

All materials and documents, if unclassified, will be treated as sensitive, law enforcement information and will be marked “Law Enforcement sensitive”.

Non Disclosure Agreement. The contractor shall ensure that all persons who are assigned to perform work under this agreement execute a signed Non Disclosure Agreement (Attachment 14).

H.7 DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandemic or Other Emergency

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 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.

(End of Clause)

H.8 DJAR-PGD-15-03 Security of Department Information and Systems

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information.

This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.

B. Personally Identifiable Information (or…

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