FBI REAPER RFP.pdf

UNCLASSIFIED

DJF-22-0700-PR-0000883 Page 1 of 50 RFP 2022.02.01

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

REAPER

Evidence Collection and Analysis Supplies

Request for Proposal

DJF-22-0700-PR-0000883 Page 2 of 50 RFP 2022.02.01

FEDERAL BUREAU OF INVESTIGATION

935 Pennsylvania Avenue, NW Washington, DC 20535

CONTRACTING OFFICERS

Ryan Dolan rdolan@fbi.gov 502.795.4300

David Yates dpyates@fbi.gov 561-629-4798

This document supports, in part, the REAPER project.

DJF-22-0700-PR-0000883 Page 3 of 50 RFP 2022.02.01

CONTENTS

PART I The Schedule

SECTION B Supplies Services and Pricing

SECTION C Statement of Work

SECTION D Packaging and marking

SECTION E Inspection and acceptance

SECTION F Deliveries or performance

SECTION G Contract administration data

SECTION H Special contract requirements

PART II Contract Clauses

SECTION I Contract clauses

PART III List of Documents Exhibits and Other Attachments

SECTION J List of attachments

PART IV Representations and Instructions

SECTION K Representations and Certifications

SECTION L Instructions, conditions, and notices to offerors or respondents

SECTION M Evaluation factors for award

DJF-22-0700-PR-0000883 Page 4 of 50 RFP 2022.02.01

PART I The Schedule

SECTION B Supplies Services and Pricing

B.1 Description of Supplies and Services

B.1.1 The contractor shall provide supply logistics services, to include:

a) Supply order fulfillment and delivery;

b) Custom supply kit design and outfitting;

c) Tracking and reporting of supply data, such as, lot numbers, expiration dates, shelf life, and other related data.

B.1.2 Contractor shall provide all products listed in the enclosed Product Matrix.

B.1.3 The contractor shall provide an online ordering portal for the purpose of collecting requirements and reporting data.

B.2 Type of Contract

B.2.1 The contract will be structured as a Firm-Fixed price, single award, Indefinite Delivery/ Indefinite Quantity (IDIQ) type contract for one (1) twelve-month base year and four (4) additional one-year option periods. This requirement is a total small business set-aside.

B.3 Contract and Order Limitations

B.3.1 Delivery shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum,” hereby established as $4,900,000.00 over the life of the contract. The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum,” hereby established as $10,000.00 in the base year of the contract.

B.3.2 The Government shall not be required to purchase from the offeror any additional quantities after the initial guaranteed minimum. The obligation of funds and specific quantities will be ordered through individual delivery orders and the Government Purchase Card Program.

B.4 Pricing and Contract Length

Contractor shall provide a complete pricing list for the products listed in the matrix (refer to Section I). Pricing shall be provided for the base period and four option years.

DJF-22-0700-PR-0000883 Page 5 of 50 RFP 2022.02.01

SECTION C Statement of Work

C.1 General Description

C.1.1 The FBI has a need of supplies to facilitate the collection and analysis of evidence in support of criminal investigations and national security matters. Supplies for this purpose have stringent requirements for cleanliness, sterility, seal integrity, and accountability.

Supplies may be needed individually, bulk ordered for storage caches, or housed within deployable kits to support various mission requirements.

C.1.2 The FBI has need of custom supply kits to support various evidence collection missions.

Supply kits must ensure the integrity of supplies during handling, shipping, and field conditions. Some kits may include medical-grade supplies and need to include return shipping containers suitable to protect the integrity of evidence, insulated to maintain ambient or frozen (dry ice) temperature, and be certified to the standards of shipping containers for Biological Substance Category B (UN3373) and IATA Packaging Instruction 650.

C.1.3 An online ordering website that offers teams across the FBI the ability to order items from the approved Product Matrix and FBI-approved kit designs, is required. The online ordering website enables teams to process purchase requests in a more efficient manner, as opposed to multiple purchase card and purchase order transactions. As a result, the website will drastically reduce redundant administrative workload for employees, some of whose positions are deemed collateral. The website will also afford the FBI the ability to track all purchases throughout the year, identify purchasing trends, and provide purchasing data for decision-making purposes. In addition, the website will allow for the tracking of supply data, such as lot numbers, expiration dates, kit serial numbers, etc. for supply refresh and tracking for analytical records.

C.2 Scope

C.2.1 This Request for Proposal is for both products and online ordering website. The products requested for the contract are included in the Product Matrix attachment (Section I). The minimum requirements for the website are included in the Statement of Requirements attachment (Section I). The total requirement for this RFP includes both the pricing of products and the website. Proposals submitted without the website capability and availability for testing/evaluation will be deemed nonresponsive. A fully functional website platform with the product matrix loaded for the purposes of ordering must be established within forty-five (45) days of award.

C.2.2 The contractor shall provide kit outfitting services to support various FBI evidence collection missions. Outfitting will include the design, production, and delivery of custom-made kits as requested by the FBI. Finalized kit designs shall be available for order through the website.

C.2.3 Deliver products within 30 days after receipt of order. Deliveries to be shipped FOB Destination to all FBI (and other approved Federal Government) CONUS locations, Hawaii, Alaska, Puerto Rico, and U.S. Virgin Islands.

DJF-22-0700-PR-0000883 Page 6 of 50 RFP 2022.02.01

C.2.4 The contractor shall track and report supply data to the FBI to include, but not limited to, lot numbers, serial numbers, expiration dates, shelf life, and date of manufacture as this information is available from the supply manufacturer.

C.2.5 Supplies which may have been discontinued or modified by the manufacturer may be replaced with a similar or more suitable model with the approval of the FBI.

C.2.6 The FBI is the only agency authorized to place orders against this contract.

C.3 General Requirements

See attached Product Matrix for deliverables/requirements. Further deliverables are outlined in the Statement of Requirements for the website. If for any reason an item becomes End of Life during the five (5) year IDIQx, the new product replacing it shall be added to the contract once the Contracting Officer has negotiated the price with the awardee and determined the price to be fair and reasonable. Should the FBI wish to add products deemed within scope of the contract, the Contracting Officer will negotiate a fair and reasonable price with the contractor. The Contracting Officer will also publicize the addition of the product to the matrix.

C.4 Contract Requirements

C.4.1 The contractor shall be capable of providing the entire Product Matrix and online ordering website for the length of the contract. The contractor shall offer all products in the catalog.

This is not a requirement for brand name or equal, however, the products listed in the matrix are examples that meet the Government’s requirement. Other products might also meet the Government’s requirements. The contractor should propose the product it thinks best. The Government will evaluate the product catalog submitted for adherence to TAA (Trade Agreements Act) compliance as noted in FAR 52.225-5 (Section I.2 of this document).

C.4.2 There will be no travel costs authorized for this contract.

C.4.3 The contractor shall ensure website security is maintained as outlined in the attached Statement of Requirements.

C.4.4 The contractor shall provide key personnel for this contract as described in Section 5 (Key Personnel) of the Statement of Requirements. These personnel include Program Manager, Customer Service POC, and Technical Support. Resumes for each the individuals serving in these roles shall be furnished in the proposal.

C.5 Reports

The contractor shall provide a quarterly usage report to the Contracting Officer within ten

(10) calendar days of the end of the quarter (January-March, April- June, July-September, October-December) during which products were ordered. Reports shall include:

a) Contract Number;

b) Period of Performance (e.g.- Base Year, Quarter 1);

DJF-22-0700-PR-0000883 Page 7 of 50 RFP 2022.02.01

c) List of individual delivery orders and Government purchase card transactions “ACCEPTED” during the quarter for each authorized buyer (include delivery order or Government Purchase Card transaction number and dollar value of order);

d) Total dollar value of all accepted orders during the quarter (combined quarterly figure);

and

e) Total dollar value of usage to date (current quarterly figure combined with previous quarters) under the contract.

C.6 Security and Access Control

C.6.1 On-site visits require a minimum of forty-eight (48) hours advance notice, unless an exigent circumstance exists, which will require prior Contracting Officer approval. All required security forms and fingerprint cards will be provided to the contractor by the Contracting Officer upon request. Please see Section G.3 for additional details.

C.6.2 Key contractor personnel will be required to sign and submit a non-disclosure agreement within thirty (30) calendar days of award. Additional contractor personnel may be required to sign a non-disclosure agreement, at the discretion of the FBI.

C.7 Media Statements

All press statements and releases related to the contract shall receive advance written approval by the Contracting Officer and the Office of General Counsel (OGC), Fiscal and Contract Law Unit. Examples include, but not limited to, website notices & advertisements, use of the FBI name & seal, and images of FBI personnel.

SECTION D Packaging and marking

D.1 Packaging and Marking

D.1.1 Preservation, packaging, and packaging for all items delivered hereunder shall be in accordance with commercial practice and adequate to ensure acceptance by a common carrier and safe arrival at the destination.

D.1.2 The products shall be packaged in a manner which clearly identifies the products contained in each package, including product number(s) and quantity(s). This can be placed on the bill of lading in the package.

D.1.3 The contractor shall possess the capability of tracking different parts sold and shipped under the terms and conditions of this contract if a recall becomes necessary for the purpose of warranty replacement. The contractor shall supply this information to, and upon request of, the Contracting Officer.

D.1.4 It is preferred that, whenever possible, packaging shall be constructed of a biodegradable or recyclable material, to minimize environmental impact after disposal, or to allow recycling.

DJF-22-0700-PR-0000883 Page 8 of 50 RFP 2022.02.01

D.1.5 The contractor should be capable of meeting delivery schedules with the entire quantity(s) of products ordered. Partial shipments may be accepted with prior notification of the CO or COR.

SECTION E Inspection and acceptance

E.1 Clauses Incorporated by Reference (FAR 52.252-2, FEB., 1998) and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/.

CLAUSE NUMBER TITLE DATE

FAR 52.246-2 INSPECTION OF SUPPLIES-FIXED PRICE AUGUST, 1996

E.2 Quality Assurance

E.2.1 The Government shall monitor customer satisfaction by reviewing shipments. The satisfactory delivery of products will be closely monitored and tracked by the Contracting Officer. Items tracked include the time delivery of supplies, accuracy of orders, and condition of deliveries upon receipt. The contractor will be notified by the Contracting Officer of quality assurance results. It is the contractor’s responsibility to correct any/all deficiencies.

E.2.2 Damaged/defective products may be returned to the contractor/manufacturer, at no cost to the Government, and replaced with an equal product. The contractor will be notified in writing of the nature of the defective/damaged products and shall implement corrective action within thirty (30) calendar days of written notification, by providing a replacement product.

E.2.3 If a product fails to maintain quality, durability, and reliability standards as those expressed at time of award, the Government reserves the right to replace the item(s) with a similar product via modification to the contract.

E.3 Warranties

The contractor warrants the products to be free of defects and of merchantable quality within the meaning of the Uniform Commercial Code.

SECTION F Deliveries or performance

F.1 Clauses Incorporated By Reference (FAR 52.252-2; FEB., 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full

DJF-22-0700-PR-0000883 Page 9 of 50 RFP 2022.02.01 text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/.

FAR 52.242-15 STOP-WORK ORDER AUGUST, 1989

F.2 Period of Performance

The anticipated period of performance for this contract shall be a 12-month base period, to begin upon the date of the award, with four one-year option periods.

F.3 Deliverables and Reports

The contractor shall provide all requirements outlined in the Statement of Requirements in relation to the online ordering website. Additionally, as outlined in Section B.5, the contractor shall provide Quarterly Usage Reports to the Contracting Officer.

F.4 Delivery Schedule

F.4.1 All deliveries shall be received by the requestor no later than 30 days after receipt of order.

F.4.2 If the delivery cannot be made within this time frame, the contractor shall provide notification, including a detailed reason for non-shipment to the Contracting Officer and the requestor.

F.4.3 The contractor is to make its best effort to deliver within 30 days or provide requestor and Contracting Officer with a realistic delivery date at the time the order is placed.

F.5 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 contract delivery schedules, 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 in writing, giving pertinent details; provided, however, that this data shall be informational only and that 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.

F.6 Place of Delivery

The contractor shall drop-ship products to destinations identified on individual delivery orders and Government purchase card transactions, to include all FBI (and other approved Federal Government) CONUS locations, Hawaii, Alaska, Puerto Rico and U.S. Virgin Islands.

F.7 FOB Destination

F.7.1 The term “F.O.B. Destination,” as used in this clause, means:

DJF-22-0700-PR-0000883 Page 10 of 50 RFP 2022.02.01

a) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and,

b) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

F.7.2 For each shipment the Contractor shall:

a) Pack and mark the shipment to comply with the contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

b) Prepare and distribute commercial bills of lading;

c) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

d) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

e) Furnish a delivery schedule to the end user/ ordering authority (i.e., verbal, electronic, written) and designate the mode of delivering carrier; and,

f) Pay and bear all charges to the specified point of delivery.

DJF-22-0700-PR-0000883 Page 11 of 50 RFP 2022.02.01

SECTION G Contract administration data

G.1 Contract Administration

Any and all contract related matters shall be addressed to the attention of the Contracting Officer throughout the life of the contract. The Contracting Officer for this requirement is:

Ryan Dolan RDolan@FBI.GOV 502-795-4300

G.2 Contracting Officer’s Representative (COR) (JAR 2852.201-70; January, 1985)

G.2.1 An individual that shall be named after contract award is hereby designated to act as the COR under this contract.

G.2.2 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.

G.2.3 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.3 Delivery Location Points of Contact (POC’s)

A point of contact (POC) shall be established for all delivery locations for this contract.

The POC’s are responsible for inspection and acceptance of deliveries, certifying invoices are valid, and provide contract performance information to the Contracting Officer. A listing of POC’s shall be provided to the contractor after award.

G.4 Invoicing Requirements

The Federal Bureau of Investigation (FBI) is implementing an electronic invoicing system, the Invoice Processing Platform (IPP), to comply with the Office of Management and Budget’s 2018 electronic invoicing mandate.

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. To learn more about IPP, please visit IPP.gov.

DJF-22-0700-PR-0000883 Page 12 of 50 RFP 2022.02.01

Beginning in January 2021, the FBI will progressively increase the number of contracts that it transmits to IPP. To prepare for this transition, please review the transition schedule and actions below.

Action to take:

If you are already enrolled in IPP:

If your company is already registered in IPP, you will not be required to re-register. Please contact your organization’s IPP account administrator so that he/she may add you as an additional user to your company’s vendor profile. If necessary, update and/or correct relevant user data in your company’s IPP collector account. Additionally, please ensure that your company is registered in SAM.gov. Your company’s Electronic Business POC in SAM.gov will be designated as an IPP administrator by default. This individual will be responsible for initial account registration as well as creating and managing your company’s IPP users and permissions.

Upon notification by a Contracting Officer (signed purchase order, signed purchase order modification, etc.), please submit your invoices via the IPP system. The cover pages of applicable purchase orders and purchase order modifications will contain the following advisory: “Send all invoices via IPP, NOT central_invoices@fbi.gov.”

If you are NOT already enrolled in IPP:

If your company is not registered to use IPP, no action in IPP is required at this point in time. The FBI will enroll your company by using the provided contact information relevant to your company in SAM.gov. Please ensure that your company is registered in SAM.gov.Your company’s Electronic Business POC in SAM.gov will be designated as an IPP administrator by default. This individual will be responsible for initial account registration as well as creating and managing your company’s IPP users and permissions.

Please note that due to U.S. Department of the Treasury guidelines, IPP cannot set up User IDs using a shared email address.

1. To begin the IPP enrollment process, your company’s designated Electronic Business POC in SAM.gov will receive two emails from IPP Customer Support (ipp.noreply@mail.eroc.twai.gov):

• The first email contains the initial administrative IPP User ID

• The second email, sent within 24 hours of receipt of the first email, contains a temporary password

• You must log in with the temporary password within 30 days

2. Registration is complete when the initial administrative user logs into the IPP web site with the User ID and password provided and accepts the IPP rules of behavior.

Additional user accounts, including administrators, can be created after initial login.

3. Upon notification by a Contracting Officer (signed purchase order, signed purchase order modification, etc.), please submit your invoices via the IPP system. The cover pages of applicable purchase orders and purchase order modifications will contain the following advisory: “Send all invoices via IPP, NOT central_invoices@fbi.gov.”

DJF-22-0700-PR-0000883 Page 13 of 50 RFP 2022.02.01

Training Vendor training materials, including a first-time login tutorial, are available on the IPP.gov website.

Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities ranging from creating and submitting an invoice to setting up email notifications.

Live webinars are held monthly and provide a great opportunity to learn the basics of the system. See IPP.gov for more details.

Additional Support IPP Customer Support Team is available Monday through Friday from 8:00 am to 6:00 pm EST

• Phone: (866) 973-3131

• Email: IPPCustomerSupport@fiscal.treasury.gov

• For answers to frequently asked questions, visit the Vendor FAQ page on the IPP.gov web site.

For general questions related to the FBI’s transition to IPP, please send an email to IPP@fbi.gov.

G.5 Withholding of Contract Payments

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the terms and conditions of the contract. The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

SECTION H Special contract requirements

H.1 Disclosure of Data Under the Freedom of Information Act (FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with other contract provisions. The Government will, before disclosure, make an administrative determination on a case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

DJF-22-0700-PR-0000883 Page 14 of 50 RFP 2022.02.01

H.2 Government Rights in Data and Copyrights

H.2.1 The Government shall have unlimited rights, as delineated in the FAR clause Rights in data-special works (52.227-17) which is included in SECTION I by reference, to all documentation and other data developed by the Contractor under this contract.

H.2.2 For the avoidance of doubt, the only rights contemplated to be granted to the Government are developments for which the Government may have specifically requested development and for which the Government has made payment in full expressly attributed to such development in writing to the contractor; however, no rights are contemplated to be granted to the Government in any technical details, technical data, or any other confidential and/or proprietary information of contractor that was developed at private expense, and for which contractor hereby expressly reserves all rights.

H.2.3 The Contractor shall not duplicate or disclose in any manner, for any purpose whatsoever, or have or permit others to do so, any documentation or other data developed and/or obtained by the Contractor under this contract. Any publications, presentations and other release of information regarding this contract must be pre-approved by the Contracting Officer.

H.3 Access to Federal Bureau of Investigation Locations

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI.

Requirements, as identified below, including approval by the FBI’s Security Division, must be satisfied prior to access. Contractors who will require escorted access, including short-term, intermittent, or infrequent access, to an FBI facility must complete an “Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form,” (FD-816), a “Privacy Act of 1974 Acknowledgment Form” (FD-484) and two Fingerprint Cards (FD- 258). Completed forms should be provided to the assigned Contracting Officer at least 10 days prior to required access.

H.4 System for Award Management

The contractor shall be registered in System for Award Management (SAM)- All vendors must be registered in SAM, effective July 29, 2012 to receive Government contracts. SAM is located at beta.SAM.gov. The FBI is utilizing a new financial system 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. Please ensure that your company’s SAM information is updated and accurate. This includes: TIN, EFT, DUNs, addresses and contact information. The EFT banking information on file in SAM will be what the FBI uses to process payment to your organization.

H.5 Technology Enhancement Clause

During the life of this contract, new products and technologies may become available in the marketplace that offer significant advantages to the Government in terms of economy, efficiency, quality and mission effectiveness. It is in the Government’s interest to take advantage of such technology in a disciplined manner consistent with law, regulation and

DJF-22-0700-PR-0000883 Page 15 of 50 RFP 2022.02.01 its valid requirements. The contract shall be modified from time to time to take advantage of these new products and technologies.

H.6 Release of Information-Publications by Contractor Personnel

H.6.1 The Federal Bureau of Investigation (FBI) specifically requires that Contractors shall not divulge, publish or disclose information or produce material acquired as or derived from the performance of their duties.

H.6.2 For purposes of this clause, “Information” shall include, but not be limited to: in any media or all media including on the web or websites; publication, studies, books, thesis, photographs, films or public announcements, press releases describing any part of the subject matter of this contract or any phase of any program hereunder, except to the extent such as:

a) Already known to the contractor prior to commencement of the contract;

b) Required by law, regulation, subpoena or government or judicial order to be disclosed, including the Freedom of Information Act (FOIA).

H.6.3 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.6.4 These obligations do not cease upon completion of the contract.

DJF-22-0700-PR-0000883 Page 16 of 50 RFP 2022.02.01

PART II Contract Clauses

SECTION I Contract clauses

I.1 Clauses Incorporated by Reference

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

FAR 52.202-1 DEFINITIONS JUNE, 2020

FAR 52.203-3 GRATUITIES APRIL, 1984

FAR 52.203-5 CONVENANT AGAINST CONTINGENT FEES MAY, 2014

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCTOBER, 2018

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

JUNE, 2020

FAR 52.212-4 CONTRACT TERMS & CONDITIONS-

COMMERCIAL ITEMS

OCTOBER, 2018

FAR 52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS- COMMERCIAL ITEMS

OCTOBER, 2020

FAR 52.232-18 AVAILABILITY OF FUNDS APRIL, 1984

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO

SMALL BUSINESS SUBCONTRACTORS

DECEMBER, 2013

FAR 52.233-1 DISPUTES MAY, 2014

FAR 52.242-13 BANKRUPTCY JULY, 1995

FAR 52.243-4 CHANGES JUNE, 2007

FAR 52.253-1 COMPUTER GENERATED FORMS JANUARY, 1991

I.2 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

– Commercial Items (FAR 52.212-5; July, 2020)

I.2.1 The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

a) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014).

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

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

I.2.2 The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

DJF-22-0700-PR-0000883 Page 17 of 50 RFP 2022.02.01

52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

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

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

Alternate I (Nov 2011) of 52.219-3.

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (ii) Alternate I (JAN 2011) of 52.219-4.

XX 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

Alternate I (Nov 2011).

Alternate II (Nov 2011).

52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

Alternate I (Oct 1995) of 52.219-7.

Alternate II (Mar 2004) of 52.219-7.

52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

DJF-22-0700-PR-0000883 Page 18 of 50 RFP 2022.02.01

52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

Alternate I (Oct 2001) of 52.219-9.

Alternate II (Oct 2001) of 52.219-9.

Alternate III (Oct 2014) of 52.219-9.

52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(e)).

52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

(22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

DJF-22-0700-PR-0000883 Page 19 of 50 RFP 2022.02.01

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

(34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

(ii) Alternate I (Jun 2014) of 52.223-13.

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

(ii) Alternate I (Jun 2014) of 52.223-14.

(38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

(39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

(41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

(42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(p) Alternate I (May 2014) of 52.225-3.

(q) Alternate II (May 2014) of 52.225-3.

(r) Alternate III (May 2014) of 52.225-3.

DJF-22-0700-PR-0000883 Page 20 of 50 RFP 2022.02.01

(43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).

(51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

(s) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

DJF-22-0700-PR-0000883 Page 21 of 50 RFP 2022.02.01

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(t) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(u) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(v) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).

(w) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(x) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215- 2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

DJF-22-0700-PR-0000883 Page 22 of 50 RFP 2022.02.01

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

XX (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

XX (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

XX (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) XX (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (AUG 2013).

DJF-22-0700-PR-0000883 Page 23 of 50 RFP 2022.02.01

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(END OF CLAUSE)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

Alternate II (Jul 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to-

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and\

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

DJF-22-0700-PR-0000883 Page 24 of 50 RFP 2022.02.01

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(E) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(F) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(H) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(J) _(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(K) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(L) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(M) 52.222-54, Employment Eligibility Verification (Aug 2013).

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) Executive Order 13658).

(O) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

DJF-22-0700-PR-0000883 Page 25 of 50 RFP 2022.02.01

(P) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (y) of FAR clause 52.247-64.

I…