Tactical_Mesh_RFP_12212016.rtf

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DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

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TACTICAL MESH/MOBILE AD HOC NETWORK (MANET) SOLUTIONS SUPPORT IDIQ

REQUEST FOR PROPOSAL NUMBER: DJF-16-1800-PR-0013521

Date: December 21, 2016

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TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A SOLICITATION INFORMATION

TABLE OF CONTENTS

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

REQUIREMENTS DOCUMENT

LISTING

ATTACHMENT #5 - PAST PERFORMANCE SURVEY

PART IV - REPRESENTATIONS AND INSTRUCTIONS

TABLE OF CONTENTS

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PART I ‑ THE SCHEDULE

SECTION A

SOLICITATION

A.1 SOLICITATION INFORMATION

A.1.1 The Federal Bureau of Investigation (FBI), also referred to in this solicitation as the Government, contemplates a multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contract for the acquisition of parts, supplies, and ad hoc services for Tactical Mesh/mobile ad hoc network (MANET) solutions, to improve bandwidth utilization, provide higher quality surveillance data transmission, and mitigate potential security threats. The government has not set an expected number of awards but intends to make a sufficient number of awards to maintain adequate competition for task orders/delivery orders expected to be issued under the Master IDIQ contract awards.

A.1.2 The government reserves the right to make no award at all, depending on the quality of the proposals and the continued existence of the requirement. All work shall be performed in accordance with the terms, conditions, provisions, specifications and schedules of this solicitation herein. The Offerors best terms from a price and technical standpoint shall be provided in submitted proposal documentation, as contract award may be based on initial proposals received, without discussions.

A.1.3. The proposed contracts include Fixed Price (FP) and Time and Material (T&M) provisions for the parts, supplies, and ad hoc services as required by the contract. Task and/or Delivery Orders will be issued from the awarded contracts on a FP or T&M (based on Fixed Labor rates) basis. The IDIQ contract shall consist of one (1), twelve (12) month, base period and four(4), twelve(12) month, option periods or until the IDIQ maximum ceiling is reached, whichever comes first.

A.1.4. The guaranteed minimum purchase per awarded contract, over the life of the contract, is $3,000.00. The IDIQ maximum or ceiling will be $100,000,000.00, calculated as the aggregate of all awarded contracts. The orders shall be placed by individual delivery/task orders. Orders may be placed at any time during the performance period of the contract. Any request exceeding the guaranteed minimum may be acquired, contingent upon a continuing need of the government, and the availability of funding. THE GOVERNMENT SHALL NOT BE REQUIRED TO PURCHASE FROM THE CONTRACTOR ANY ADDITIONAL QUANTITIES OR AWARD VALUE AFTER THE INITIAL GUARANTEED MINIMUM AMOUNT.

The total duration of this IDIQ contract, including the exercise of any options, shall not exceed 60 months.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 IDIQ PRICING

B.1.1. Pricing for the IDIQ contract shall consist of unit prices and Time and Material rates for the CLIN’s specified below and proposed labor categories for any services which the contractor deems necessary to provide any ad hoc services described in the IDIQ statement of work. Unit pricing and labor rates shall be provided for the base year and all option periods.

B.1.2 EQUIPMENT:

B.1.2.1. The contractor shall provide Firm-Fixed unit pricing for items that will be utilized during the life of the IDIQ. Pricing shall be provided for the base year and each option year. Note: this list may be expanded as additional items are developed or technology enhancements occur. The offeror shall assign a model/identifying number for each production item and shall affix the number (i.e., label) to each item in a discreet location.

B.1.2.2. The contractor may propose their own quantity discounts based on industry standards, the below is a sample format:

CLIN

*Description/Features*

UNIT

IDIQ Pricing (Sample Format)

1-50 51-100 101-200 201-400 401-500 Item Ea.

*To be determined and completed by the Offeror.

B.1.3 SERVICES:

B.1.3.1. The Government may award individual task orders for services, within the scope of the Master IDIQ SOW, under this IDIQ contract. Individual task orders will be defined by a statement of work (SOW). The contractor will be required to provide a quote for each task order outlining the work required, technical approach, and the proposed cost and schedule.

B.1.3.2. The Contractor shall provide hourly time and material rates, for the anticipated labor categories necessary to support the requirements described in Attachment 1 - "IDIQ Statement of Work. Labor rates shall be provided for the base year and all option periods. This includes rates for any anticipated subcontracting, G&A, etc. The Government intends to incorporate these proposed rates as maximum baseline rates for the contract. The offeror shall not exceed the maximum rates during performance of the contract. A discount from the maximum rates may be requested for individual task orders (TO’s). The contractor shall provide a detailed position description for each labor category. All offered position descriptions shall include functional responsibilities, minimum years of experience, minimum educational/degree requirements, and any applicable training or certification requirements.

B.1.3.3. For the purpose of evaluation and establishing a baseline for consideration under this RFP, offerors shall provide rates for the government’s review and evaluation. Rates shall be segregated and identified into base and each option period, per labor category. Sample price information per labor category shall identify: base rates, fringe, overhead rates, general and administrative rates, cost of money, and all other rates associated with these pricing types to allow for a clear and detailed review by the government.

B.1.3.4. Below is a sample format. The Offeror may utilize any format readily available provided that the types of information listed above are identified. The offeror shall provide base rates by option year as well as overhead, fringe, etc. by option year.

Services Pricing – T&M Rate (Sample Format) [S]

CLIN

*Labor Category* Base Year

OPT YR 1

OPT YR 2

OPT YR 3

OPT YR 4

Labor category title

Labor category title

*To be determined and completed by the Offeror.

B.1.3.5. Price escalation of the base year hourly labor rates will be considered for each option year and shall not exceed the Consumer Price Index (CPI), or similar scale, for the proceeding option year. However, in no event shall an option year rate increase exceed 2% of the hourly rate of the previous year, regardless of the CPI. In this paragraph the government uses “hourly” synonymous with “base rate.”

B.1.3.6. Services in support of these types of TOs are anticipated to occur during normal business hours. Hours worked are not expected to exceed a normal work week. Any hours worked in excess of a normal work week are not subject to premium wages.

B.1.4 TRAVEL

B.1.4.1. When required and pre-authorized by the COR, travel must be conducted in accordance with the Federal Travel Regulations. Travel conducted within a 50 mile radius of the contractor’s facility is considered “local” travel and is not reimbursable.

B.1.4.2. For all efforts, any non-local travel necessary to support the effort shall be identified and broken out separately and is intended to be awarded as a “not to exceed amount.”

B.1.4.3. Travel, if needed, will be identified at the Task Order level.

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work – Contract

C.1.1. The Statement of Work (SOW) (Attachment #1) defines the scope of efforts under this contract.

C.2 TACTICAL MESH REQUIREMENTS DOCUMENT

C.2.1. The Tactical Mesh Requirements Document (Attachment #2) defines the technical requirements under this contract.

All Delivery/Task Orders intended for award under the Master IDIQ contracts shall fall within the scope of these documents.

SECTION D

PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

D.1.1. Preservation, packaging, and packing 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. The contractor shall place the contract number on or adjacent to the exterior shipping label. The exterior packaging shall not include words or pictures revealing the contents of the packages and their association with the FBI.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

E.1.1. This contract incorporates the following clauses by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

E.1.2. FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES:

E.2 INSPECTION AND ACCEPTANCE

SECTION F

DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

F.1.1. This contract incorporates the following clauses by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

F.1.2. FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES:

F.2 PERIOD OF PERFORMANCE - MASTER IDIQ CONTRACT

F.2.1. The base period of performance for this contract is twelve (12) months from date of contract award. The contemplated contract will also include four (4) one (1) year option periods that may be exercised at the sole discretion of the Government. The Government will provide a thirty (30) calendar day notice of intent before each option is to be exercised.

F.2.2. TO periods of performance shall be identified within each TO award.

F.3 PLACE OF PERFORMANCE

F.3.1. When ad hoc services are necessary, the Government may require the Contractor to provide ad hoc services at a Government facility. The ad hoc services required will be at the address stated in each individual Task Order. All personnel required to support this Contract at the government facility shall be required to have a Limited Background Investigation (LBI) clearance.

F.4 DELIVERY SCHEDULE/PERIOD OF PERFORMANCE – TASK ORDERS

F.4.1. Specific delivery schedules and task order period of performances will be cited in individual task orders.

F.5 NOTICE TO THE GOVERNMENT OF DELAYS

F.5.1. In the event the Contractor encounters difficulty in meeting performance requirements, or when he 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 Contracting Officer and the 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 or any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.6 PLACE OF DELIVERY

F.6.1. The contractor shall deliver item(s) to the locations specified in individual delivery/task orders. If no delivery instructions are specified send items to the following location:

Federal Bureau of Investigation Attn: Edward Ferreira Engineering Research Facility Building #27958A Quantico VA 22135

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATOR FOR THE GOVERNMENT

G.1.1.This contract shall be administered by the Contracting Officer identified below:

Contracting Officer (to be determined after award) Federal Bureau of Investigation Engineering Research Facility Building 27958A, Room A226 Quantico, VA 22135 Telephone # TBD Email: TBD

G.1.2. No oral statement of any person, Government or contractor, shall modify or otherwise affect the terms, conditions, or specifications stated in this contract. All modifications of the contract must be made in writing by the CO.

G.1.3. The COR or TPOC do NOT have the authority to and may NOT issue any technical direction which:

Constitutes an assignment of work outside the general scope of this effort;

Constitutes a change as defined in the "Changes" clause;

In any way causes an increase or decrease in the cost or the time required for performance;

Changes any of the terms, conditions, or other requirements of this effort; and Suspends or terminates any portion of this effort.

The COR or TPOC do not have the authority to commit government funds.

G.2 NAME OF OMBUDSMAN

G.2.1. An Ombudsman has been established for this procurement. The role of the Ombudsman is to review complaints from contractors and ensure they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. Offerors may contact the Ombudsman directly at the number below:

Ombudsman’s Name: Ms. Almeta Austin Phone Number: 202-324-0566 E-mail address: Almeta.Austin@ic.fbi.gov

G.3 2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAN 1985)

(a) Mr. /Ms. _ (To be completed at time of award) __ is hereby designated to act as Contracting Officer's Representative (COR) under this contract.

(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.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

G.4 TECHNICAL POINT OF CONTACT (TPOC)

G.4.1. The COR shall serve as a single technical point of contact for the master IDIQ contracts and provide contract wide technical and managerial direction. A Technical Point of Contact (TPOC) may be identified for each Task Order under the contract and serve to provide technical guidance and leadership for that effort. Detailed or unique technical direction or approvals pertinent for each individual order shall come from the TPOC; however, the COR remains the individual ultimately responsible for the technical aspects and decisions of the overall contract. The direction of the COR takes precedence over the TPOC.

G.5 INVOICE REQUIREMENTS

G.5.1. The invoice should be attached to an email, and sent to the following address: central_invoices@ic.fbi.gov.

G.5.2. It is imperative that the invoice contain current and accurate contract information (contract/order number), otherwise the invoice risks being rejected.

G.5.3. Please note, invoices received before 5pm ET (Monday-Friday) will be considered received that business day. Any invoice received after 5pm ET will be considered received and will be entered into the invoice system on the following business day.

G.5.4. A proper invoice shall include the following information:

Name and address of the Contractor

Invoice date and invoice number. Invoice numbering should begin at 0l and be consecutively numbered thereafter. (The Contractor should date invoices as close as possible to the date of mailing or transmission.)

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

Description, quantity, unit of measure, unit price and extended price of the items delivered Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped Government bill of lading Terms of any discount for prompt payment offered Name and address of official to whom payment is to be sent Name, title, and phone number of person to notify in event of defective invoice Electronic Funds Transfer (ETF) banking information Contractor's First/Last Name, Number of Hours, Labor Category, Total number of hours (items can be in any order), Cumulative Number of Hours to date Taxpayer Identification Number (TIN). (The Contractor shall include its TIN on the invoice only if required elsewhere in this Contract)

G.5.5. 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).

G.5.6. Payment will be made by the FBI’s Commercial Payment Unit in accordance with the Prompt Payment Act, FAR clause 52.232-25 (JUL 2013) upon the COR's (or designee) certification of receipt of services and the CO final authorization for payment.

G.6 System for Award Management Requirement (SAM)

G.6.1. The Offeror and Awarded Contractor shall ensure its company is registered in the System for Award Management (SAM). Effective July 29, 2012, all vendors shall be registered SAM to receive government contracts. In addition, the FBI will be using a new financial management system on 10/1/2013 that has a direct interface with SAM. If any current FBI vendor data conflicts with SAM Data, the information contained in SAM may override our current information effective 10/1/13. It is the Contractor’s responsibility to ensure that company information in SAM is current, accurate, and complete in SAM. This information includes TIN, EFT, DUNS, addresses, and contact information. The EFT banking information on file in SAM will be the information the FBI uses to processes payment with vendors doing business with the FBI.

G.6.2. If the Contractor does not maintain an active registration in SAM payments will be held until registration is reactivated. The FBI is not responsible for prompt payment penalties or delays in payment processing due to inaccurate or outdated information in SAM.

G.7 SMALL Business Accelerated Payment

G.7.1. 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.

G.8 ORDERING PROCEDURES

G.8.1. Under the Master IDIQ contracts, the FBI shall solicit all TOs for competition. Procedures shall follow the process outlined within Federal Acquisition Regulation (FAR) Subpart 16.505 – Ordering. Any TO not afforded full and open competition under the Master IDIQ contracts shall require a written justification, in accordance with the FAR Subpart16.505(b)(2) – Exceptions to the fair opportunity process.

G.8.2. A Technical Proposal and Price Proposal shall be submitted in response to each task order Statement of Work. The Price Proposal shall provide a price for each task for the labor and other direct costs proposed. The Technical Proposal is a comprehensive expression of the technical approach and methodology to satisfy the requirements of the Statement of Work. The Government will need a detailed description and rationale for the activities planned for each task and/or sub-task. The description must identify work to be accomplished by personnel in each labor category and costs for each task.

G.8.3. Any supplies and/or services to be awarded under the Master IDIQ contracts shall be ordered through the FBI Contracting Officer (CO) by issuance of TO or Delivery Order (DO). These shall be solicited via a Request for Quote (RFQ) referencing the standard Terms and Conditions (T&C) of the Master IDIQ contract and identifying any clauses or requirements unique to the solicited TO. These T&Cs will not be reproduced in each TO solicitation; however, all applicable T&Cs shall have the same force and effect as if they were reproduced in the TO RFQ. TO pricing types will be identified in the TO solicitation to determine which price-type specific clauses are applicable.

G.8.4. TO solicitations may be issued during the effective period of the IDIQ. Solicitations under the Master IDIQ contract may only be issued by the FBI CO. Any work to be completed under a TO under the Master IDIQ shall be authorized in writing by the CO. Ad hoc services for these TOs shall fall within the scope of the Master IDIQ Statement of Work (SOW) and Tactical Mesh Requirements Document. In the event of a conflict between the TO and the Master IDIQ contract, the Master IDIQ contract shall take precedence.

G.9 SUBMISSION OF NEW CAPABILITIES OR “WHITE PAPERS”

G.9.1. Over the life cycle of this contract, awardees may have the occasion to develop new capabilities or discover new technological strategies or knowledge. Awardees may choose to submit such strategies or capabilities to the government to expand mission knowledge and planning. If an Awardee chooses to submit this information, it shall do so in the form of a white paper or similar document and submitted directly to the COR and the CO. No other point of receipt shall be acceptable. The Awardee is hereby notified that the government reserves the right to incorporate any non-IP or proprietary information into a government SOW for competition. This documentation shall include a certification that no-government funding was utilized in the development of preparation of this white paper documentation.

G.9.2. NOTE: The government is NOT requiring Awardees to submit white papers, however, should an Awardee choose to do so the process is hereby outlined above to facilitate the process.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Notice of Incorporation of Section K

H.1.1. Part IV - representations and Instructions, Sections K, L and M will not be physically included in a contract resulting from this solicitation. Pursuant to the provisions of FAR 15.204-1 - Uniform Contract Format, Section K - Representations, Certifications and Other Statements of Offerors will be incorporated by reference and considered to be part thereof.

H.2 RELEASE of Information-Publications By Contractor Personnel

H.2.1. The Federal Bureau of Investigation (FBI) specifically requires that Contractor shall not divulge, publish, or disclose information or produce material acquired as or derived from the performance of their duties.

H.2.2. For purposes of this clause, "Information" shall include but not be limited to: in any media or all media including on the web or web sites; publication, studies, books, these, photographs, films or public announcements, press releases describing any part of the subject matter of this contract or any phase of any program hereunder, except to the extent such is:

(i.) already known to the contractor prior to the commencement of the contract (ii.) required by law, regulation, subpoena or government or judicial order to be disclosed, including the Freedom of Information Act.

H.2.3. No release of information shall be made without the prior written consent of the Office of Public Affairs and the Contracting Officer. The contractor and author are warned that disclosure is not without potential consequences. The FBI will make every effort to review proposed publications in a timely manner to accommodate these and other publications

H.2.4. Where appropriate, in accordance with established academic publishing practices, the FBI reserves the right to author/co-author any publication derived from this contract.

THESE OBLIGATIONS DO NOT CEASE UPON COMPLETION OF THIS CONTRACT.

H.3 Contract Minimum and Maximum

H.3.1. The minimum award amount guaranteed each contractor under this indefinite delivery/ indefinite quantity type contract is $3,000.00. There is no minimum guaranteed in the option years.

H.3.2. The maximum total dollar value under this indefinite delivery/indefinite quantity contract is $100,000,000.00. This maximum applies to the potential five year term of the contracts and is the aggregate of all awarded contracts under this solicitation.

H.4 Technology Enhancement

H.4.1. During the life of this contract, new products may become available as a result of enhancements and new technologies, not available at the time of award, that offer significant advantages to the Government in terms of economy, efficiency, quality, and mission effectiveness. It is the Government's best interest to take advantage of such technology in a disciplined manner consistent with law, regulation, and its valid requirements. Technology Enhancement Change Proposals (TECP) submitted under this contract for replacement of obsolete technology may be accepted by the Government at its option. Each individual price for item(s) offered in the TECP will be negotiated on an individual basis and upon acceptance will be incorporated into the contract.

H.5 Duplication of Efforts

H.5.1. The Contractor hereby certifies that costs for work to be performed under this contract and any subcontract hereunder are not duplicative of any costs charged against any other Government contract, subcontract or other Government source. The Contractor agrees to advise the Contracting Officer, in writing, of any other Government contract or subcontract it has performed or is performing which involves work directly related to the purpose of this contract. The Contractor also certifies and agrees that any and all work performed under this contract shall be directly and exclusively for the use and benefit of the Government, not incidental to any other work, pursuit, research or purpose of the Contractor, whose responsibility it will be to account for it accordingly.

H.6 Warranties

H.6.1. Warranty terms, if applicable, may be requested with each individual Task Order. Conditions of an extended warranty will be considered by the Bureau.

H.7 DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements

H.7.1. By submitting a response to a solicitation or accepting a contract award, the contractor certifies that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

H.8 DJAR-PGD-08-03 CONTRACTOR Code of Business Ethics and Conduct - DOJ Procurement Guidance Document (PGD) 08-03

H.8.1. 52.203-13 Contractor Code of Business Ethics and Conduct As prescribed in 3.1004(a), insert the following clause:

CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

(a) Definitions. As used in this clause— “Agent” means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

“Full cooperation”—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors’ and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require—

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from—

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions).

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

“United States,” means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct.

(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall—

(i) Have a written code of business ethics and conduct; and

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall—

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed—

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor’s disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization’s jurisdiction.

(iii) If the violation relates to an order against a Government wide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor’s standards and procedures and other aspects of the Contractor’s business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual’s respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor’s principals and employees, and as appropriate, the Contractor’s agents and subcontractors.

(2) An internal control system.

(i) The Contractor’s internal control system shall—

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor’s internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor’s code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor’s code of business ethics and conduct and the special requirements of Government contracting, including—

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Government wide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies’ contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

H.9 Access To Federal Bureau Of Investigation (FBI) Locations

H.9.1. Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, to include approval by the FBI's Security Division, must be satisfied prior to access.

H.9.2. Contractors who will require escorted access, to include short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD 816), a "Privacy Act of 1974 Acknowledgment Form" (FD 484) and two Fingerprint Cards (FD 258). Completed forms should be provided to the assigned Contracting Officer's Technical Representative (COTR) at least 10 days prior to required access.

H.9.3. Individuals requiring unescorted access to an FBI facility must complete the Standard Form 86 (SF-86), Questionnaire for National Security Positions, using the Office of Personnel Management’s Electronic Questionnaires for Investigations Processing (e-QIP) and provide two Fingerprint Cards (FD 258). e-QIP is a secure website that can be accessed from any computer system which has an Internet connection. Only the signed release forms and FD 258 will need to be mailed to the identified Chief Security Officer, the SF-86 itself will be transmitted to the FBI electronically.

H.9.4. To complete the SF-86 using e-QIP, the individual requiring unescorted access to the FBI facility must contact Ms. Amy Kivler, Chief Security Officer, Operational Technology Division, 703-985-6110, in order to be initiated into e-QIP. Once this action has been accomplished, the individual should be able to access e-QIP at the following link in order to initiate and complete the electronic process: http://www.opm.gov/e-qip/browser-check.asp. Thoroughly read and follow the instructions for completing the SF-86. NOTE: To fully address suitability/security issues, the FBI requires individuals to provide responses to questions on the SF-86 for the last ten years. Failure to complete the application as instructed may lead to significant delays in processing the required investigation and approval for unescorted access.

H.9.5. Upon logging onto e-QIP, there will be a prompt to answer three “Golden” security questions to establish the user account. After completing the electronic SF-86, please print and sign the (1) Certification Form (CER) - Certify Completeness and Accuracy of your Investigation Request; (2) Medical Release Form (MEL) - Authorization for Release of Medical Information; and (3) Release Form (REL) - Authorization for Release of Information. In addition to these SF 86 release forms, the completion of a Non-Personnel Consent to Release Information (FD-979a), the United States Department of Justice Disclosure and Authorization Pertaining to Consumer Reports (DOJ 555) are required. Annotation of the assigned e-QIP Investigation Request Number on the upper right corner of each document transmitted to the identified Chief Security Officer is required for coordination with the electronic transmission and to facilitate the investigative process. The e-QIP Investigation Request Number, automatically generated by e-QIP, is located on both the header and footer of the signature forms. These release forms (five total) and FD 258 should be mailed via Federal Express or UPS Express mail directly to the following address: Ms. Amy Kivler, Chief Security Officer, ERF-Bldg. 27958A, Room B-237, Quantico, VA 22135. The use of regular U.S. mail channels may cause significant delays in processing the unescorted access request.

H.9.6. Upon completion of processing the facility access request, the individual will be required to execute a non-disclosure agreement suitable for their approved access.

H.10 Travel

H.10.1. Any travel required under these contracts will be reimbursed in accordance with the Federal Travel Regulation. All travel will be approved in writing, in advance, by the COR and Contracting Officer.

H.10.2. Travel conducted within a 50 mile radius of the contractor’s facility is considered “local” travel and is not reimbursable.

H.10.3. For all efforts, any non-local travel necessary to support the effort shall be identified and broken out separately and is intended to be awarded as a “not to exceed amount.”

H.10.4. Any travel required will be noted within individual task orders.

H.11 DJAR-PGD-07-12 CONTINUING Contract Performance During a Pandemic Influenza or other National Emergency

H.11.1. 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.

H.11.2. 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.

H.11.3. 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.

H.11.4. 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.

H.11.5. 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.

H.12 IDENTIFICATION OF CONTRACTOR PERSONNEL

H.12.1. Contractor personnel shall identify themselves as contractor personnel when introducing themselves or when being introduced. Contractor personnel shall display distinguishing badges or other visible identification for meeting with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

H.13 SECTION 508 COMPLIANCE

H.13.1. Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794d), requires Federal agencies to procure, use, maintain, and develop accessible electronic and information technology, unless doing so imposes an undue burden. National security systems are exempt.