SOW_Police_Uniforms.pdf

Federal Bureau of Investigation

Security Division

Security Operations Section

FBI Police Unit

Blanket Purchase Agreement (BPA)

Statement of Work (SOW)

Table of Contents

1.0 BACKGROUND

2.0 OBJECTIVE

3.0 SCOPE

4.0 TASK ORDER REQUIREMENTS

5.0 TASK ORDER MANAGEMENT

5.1 Monthly Progress Reports

6.0 PURCHASE AUTHORITY

FBIHQ

QUANTICO

NEW YORK FIELD OFFICE

CJIS

7.0 PERIOD OF PERFORMANCE

8.0 TRAVEL AND OTHER DIRECT COSTS (ODC’s):

9.0 INVOICES

10.0 NORMAL WORKING HOURS

11.0 OBSERVANCE OF FEDERAL HOLIDAYS

12.0 SALES TAXES

13.0 WITHHOLDING OF CONTRACT PAYMENTS

14.0 INVOICE FOLLOW-UP

15.0 PAYMENT FOR UNAUTHORIZED WORK

SECTION II: SPECIAL FBI SPECIFIC TASK ORDER REQUIREMENTS &

CLAUSES

Statement of Work

1.0 BACKGROUND

The Federal Bureau of Investigation (FBI) is the principal investigative arm of the United

States Department of Justice. The Bureau is charged with gathering and reporting facts, locating witnesses, and obtaining evidence in cases involving Federal jurisdiction. The

FBI is becoming increasingly dependent on automated information systems in performing this mission.

The Security Operations Section, operating through the Acquisition Security Unit (ASU), Physical Security Unit (PSU), Access Control Unit (ACU), and the FBI Police Unit

(FPU), provide security services and products that assist in the protection of FBI personnel, facilities, information, and operations, prevention of terrorist attacks and other criminal activities targeted against the FBI and its facilities through select initiatives;

physical and technical security assistance, SCI programs, Police Force management, security compliance, executive and force protection, industrial security, continuity of operations, overseas security support and the Secure Work Environment (SWE) construction program.

The FBI Police deters terrorist attacks at FBI facilities with the visible presence of a well trained, well equipped, professional police force and protects FBI personnel, information and facilities from criminal acts and unauthorized access.

Work assignments include:

Provide support on issues relating to a wide range of administrative, office management and program related matters that impact the organizational workforce, office documentation, and financial record keeping.

Assist the organization's principle official for setting and tracking schedules; arranging travel; setting meetings; recording and preparing meeting summaries; receiving in-bound and preparing out-bound communications; filing records, publications and other associated documentations.

Assist with the preparation of final reports to include editing for errors, prepares appropriate charts, graphs and computer based presentations.

Perform a variety of highley complex administrative and office analytical functions to identify inefficiencies; streamline processes; eliminate redundancies; evaluate performance measures; and ensure processes meet valid requirements.

Many of these support services and countermeasures are supported by processes and technologies that are developing so rapidly that change implementation and management requirements surpasses current capabilities available within the FBI.

This task directly supports investigation and protection activity required to provide essential protections for FBI systems and data. This task directly supports the FBI mission of protecting and defending the United States against terrorist and foreign intelligence threats, upholding and enforcing the criminal laws of the United States, and providing leadership and criminal justice services to federal, state, municipal, and international agencies and partners.

2.0 OBJECTIVE

The objective of this statement of work is to obtain essential acquisition support services to enable the Security Division (SecD) to assist in managing and operating several programs, systems, and functions that allow the SecD to meet its mission requirements

3.0 SCOPE

Under this Contract, the contractor shall furnish the FBI police uniforms for delivery to various FBI locations when requested by the Contracting Officer or the individuals listed in section 6.0 “Purchase Authority”. The period of performance of this BPA shall be a 60 month ordering period starting when a fully executed contract is completed.

NOTE: The Government reserves the right to make multiple awards based on received responses and best value determination. The selected contractor(s) shall provide all resources necessary to perform the specific requirements as defined in the Task Orders.

4.0 TASK ORDER REQUIREMENTS

This task shall require the Contractor to supply a tailor to come to FBIHQ every Friday, except holidays as listed below, specific scheduling will follow contract award. The tailor will measure all new Officers for a full uniform to be ordered and received by the date specified by the ordering official. To facilitate the tailoring process, the Contractor shall provide a full set of uniform items except for the hats, pins, and patches as listed on the pricing matrix. These items can be left at FBIHQ in the FBI Police office and will remain the property of the Contractor for the life of the contract at which point they will be returned to the Contractor. The FBI will be responsible for securing these items and reimbursing any lost or stolen items. Upon award, the Contractor shall submit the name of the tailor and any further information that may be necessary for the tailor to obtain clearance for escorted access in FBI space.

This contract will require an online ordering system that is capable of the following features:

Only show contracted items in ordering menu

Show pictures of the items- including correct logo and name placements

Must have allotment management and update balances as items are added to the cart and ultimately ordered

Online ordering approval process

Must store order history and tracking for the life of the contract, both at the individual level and the Contract level

Select administrators, who can add/update/remove users, edit profiles, update allotments, etc.

Only allow authorized FBI personnel access to ordering site (either through IP recognition or username and password)

The contractor shall meet all shipping requirements and time windows as defined by

FBI’s schedule. The contractors shall also have the ability to alter the clothing items as ordered by the FBI (i.e. pant length). In addition, the Contractor shall have the ability to produce/reproduce an exact match of all patches. FBI Police shoulder patches, corporal and sergeant stripes, years of service patches and cloth badge patches are to be sewn on specific shirts and coats as specified by FPU. It is the contractor’s responsibility to facilitate to meet these requirements.

The contractor shall have the ability provide a report that can be filtered and sorted by item, date of order & delivery, name of officer, duty station, cost, etc. This report should also include any further information that can help separate specific orders and show trends in ordering. This report would either be accessible to the FBI to run at their discretion or delivered as requested preferably in Microsoft Excel format. This report will be reviewed and approved upon contract award.

Provide Delivery Tickets with each delivery which shall contain the following information:

Delivery Date and Items

Invoice Number and Invoice Date

Officer’s Name

Item Number and Description

Unit Price of Each Item

Total Cost for Each Item(s)

Purchase Order (PO) Number

Quantity Ordered and Quantity Shipped

Shipped To and Sold To

Vendor Name, Address, and Phone Number

The Contractor shall submit how any returns/exchanges shall be handled due to receiving the incorrect item or an officer ordering the incorrect size. In addition, the Contractor is responsible to provide pricing for non standard sizes such as 3XL, 4XL etc. The pricing matrix may be altered to allow for different pricing among sizes but may not submit a different item than what is listed.

The contractor shall obtain FBI written approval prior to implementing any changes in item materials. This requirement applies to design, manufacturing, timing, etc.

The contractor shall create and maintain an open issue tracking document that shall be updated and provided to FBI on a monthly basis or as necessary.

If there are additional cost elements, these costs shall be submitted to FBI for consideration prior to shipping. The cost shall be submitted as a separate quotation document and fully disclose a reasonable and justifiable cost breakdown. Additional cost elements that may be considered are:

Packaging

Special Handling

Transportation

When issues arise that may jeopardize program timing, quality, cost, or delivery, it is the responsibility of the contractor to notify the FBI Program Manager in writing immediately.

The contractor shall communicate with FBI about and obtain pre-approval for any changes in listed items in the attached uniform allotment file. All issues regarding changes shall be directed to FBI CO and COR as soon as they arise.

The contractor shall be responsible for meeting all timing requirements, and shall be responsible for providing FBI with timelines for each order received.

The contractor shall be responsive to FBI’s requests in order to allow FBI to meet company and customer objectives. The contractor shall provide FBI with a 24-hour/7-day-a-week emergency phone number.

5.0 TASK ORDER MANAGEMENT

Delivery orders issued against the contract must result in the following deliverables. This list is not all-inclusive, but it is representative of the deliverables that must be produced under the resulting contract:

5.1 Monthly Progress Reports

The contractor shall submit a Monthly Status Report (MSR) to the Government that summarizes the state of the contractor over that month. The report will be unclassified.

E-mail submission is encouraged. The specific format review by the purchasing authority and approved by the Contract Officer (CO) and the Contract Officer

Representative (COR). The following information will be provided as a minimum:

Funding and spending summary

Significant issues such as back-orders, discontinued items, and unpaid invoices

6.0 PURCHASE AUTHORITY

Only the individuals listed below may place orders against the contract for the designated office that their name is listed under with the exception of individuals listed under

FBIHQ who can order for any office. Individuals with purchase authority may be changed at the discretion of the FBI with a modification from the Contracting Officer.

FBIHQ

Corporal Steven R. Johnson Corporal Veda Y. Clark

935 Pennsylvania Avenue NW 935 Pennsylvania Avenue NW

Washington, DC 20535 Washington, DC 20535

Room M 281 Room M 281

202-324-2609 202-324-8877

Steven.johnson@ic.fbi.gov veda.clark@ic.fbi.gov

QUANTICO

Officer Traci Deforest Officer Brytne Boccaccio

(Primary buyer) (Alternate buyer)

FBI Training Academy FBI Training Academy

1 Bureau Parkway 1 Bureau Parkway

Quantico, VA 22135 Quantico, VA 22135

FBI Police / East Gate FBI Police / East Gate

703-632-6032 703-632-6032

Traci.deforest@ic.fbi.gov brytne.boccaccio@ic.fbi.gov

NEW YORK FIELD OFFICE

Yiu Tak Tao Heriberto C. Herrera

26 Federal Plaza 26 Federal Plaza

New York, NY 10278 New York, NY 10278

Attn: FBI Police Attn: FBI Police

212-384-4138 212-384-4522

Yiu-tak.tao@ic.fbi.gov

Royal M. Powell Jr.

26 Federal Plaza

New York, NY 10278

Attn: FBI Police

212-384-3791

CJIS

Wayne Shahan Richard A. Werner

1000 Custer Hollow Rd 1000 Custer Hollow Rd mailto:Steven.johnson@ic.fbi.gov mailto:veda.clark@ic.fbi.gov mailto:Traci.deforest@ic.fbi.gov mailto:brytne.boccaccio@ic.fbi.gov mailto:Yiu-tak.tao@ic.fbi.gov

Clarksburg, WV 26306 Clarksburg, WV 26306

304-625-5946 304-625-3581

Wayne.shahan@ic.fbi.gov

7.0 PERIOD OF PERFORMANCE

The period of performance for the contract will be a 60 month ordering period starting from the date of award.

8.0 TRAVEL AND OTHER DIRECT COSTS (ODC’s):

No specific requirements exist under this contract.

9.0 INVOICES

An original invoice shall be submitted to the COR with a copy to the CO designated in this contract. A proper invoice shall include the information require by ( FAR Clause

52.232.24- PROMPT PAYMENT FEB 2002) upon COR Certification of receipt of services which includes the following:

Name and address of Contractor

Invoice date

FBI delivery order number or other authorization for delivery of goods or services, such as purchase order number or other identifying number.

Vendor invoice number, account number, and/or any other identifying number agreed to by contract.

Description (for example, include contract line, sub-line number, price, and quantity of goods and services rendered).

Shipping and payment terms established by contract, purchase order or agreement.

Taxpayer Identifying Number (TIN).

Banking information sufficient to facilities and Electronic funds Transfer (EFT) payment, including the nine-digit bank routing transit number, depositor account number, depositor account title, account type checking/savings or lockbox).

Name (where applicable) title, phone number, and mailing address of person to be notified in the event of defective invoice.

All invoices shall be submitted by the 10 th calendar day of every month for services rendered for the previous month. Invoices submitted after the 10 th calendar day will not mailto:Wayne.shahan@ic.fbi.gov be paid, unless prior approval is received in advance from the CO. If the 10 th calendar day falls on a holiday or weekend then the invoice shall be submitted on the next business day.

It shall be the contractor’s responsibility to include the above information on each and every invoice when invoicing for full or partial services performed. If an invoice does not contain the above information, the FBI reserves the right to reject the invoice(s) as

IMPROPER and notify the vendor within seven (7) days after receipt of the invoice at the designated billing office. Re-submission of a PROPER invoice(s) will be required.

Payment will be made by the FBI’s Commercial Payment Unit in accordance with the

Prompt Payment Act upon the COR or his/her designee’s certification of receipt of services and the CO’s final authorization for payment.

Invoices may be e-mailed to SecD_invoices@ic.fbi.gov with one (1) hard copy to be forwarded by mail or courier to Corporal Steven Johnson. A PDF copy of the invoice shall also be emailed to the CO at Brian.Chrostowski@ic.fbi.gov.

To facilitate a more accurate account of cost allocation and expenditures the Security

Division requires that the contractor prepare and submit invoices to the designated billing office identified in the contract by the 15 th of each month.

10.0 NORMAL WORKING HOURS

The FBI facility will be open to the contactor personnel between 6:30 am and 5:30 pm.

Hours of operation excluding legal Federal Holidays. Access will be denied at all other times except noted and/or emergency situations.

11.0 OBSERVANCE OF FEDERAL HOLIDAYS

New Years Day

Martin Luther King’s Birthday

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Day

Inauguration Day (when applicable)

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by

Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract.

mailto:SecD_invoices@ic.fbi.gov mailto:Brian.Chrostowski@ic.fbi.gov

12.0 SALES TAXES

No sales tax shall be added. Tax exempt documentation will be provided to the awarded contractor on request.

13.0 WITHHOLDING OF CONTRACT PAYMENTS

Not-withholding 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 clause entitled “Excusable Delays” or Default” as applicable.

The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

14.0 INVOICE FOLLOW-UP

Invoices shall be submitted in an original to the COR designated in this contract to receive invoices. Invoices shall be submitted on a monthly basis. Any requirement for resubmission for payment or contractor questions regarding payment or check identification should be directed to FBI, Contract Administration Office at (202) 324-

5287. All follow-up invoices shall be marked “Duplicate of Original.”

15.0 PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the contractor or his own violation or at the request of an individual other than a duly appointed CO. Only a duly appointed CO is authorized to change the specifications, terms, and/or conditions of this contract.

SECTION II: SPECIAL FBI SPECIFIC TASK ORDER

REQUIREMENTS & CLAUSES

SPECIAL TASK ORDER REQUIREMENTS

Security Requirements

The FBI shall have complete control over granting, denying, withholding or termination access for Task Order individuals. The Government shall not be liable for any costs incurred by the Contractor, any subcontractor, or any Task Order employee, in the furnishing of required security information, or in complying with the FBI's security requirements during the entire term of the Task Order.

The Contractor agrees that no claim may be filed for Delay of Work due to any contractor, his Subcontractors, or any employee thereof, failing to comply with the FBI's security requirements.

The FBI reserves the right to exclude or remove from the facility any Task Order employee that the FBI deems incompetent, careless, insubordinate, or who fails to meet and obey security requirements, or, whose access to the facility is deemed by the FBI to be contrary to the best interest of the FBI.

Access to Federal Bureau of Investigation (FBI) Locations

Performance under this Task Order 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.

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 Representative (COR) at least 10 days prior to required access.

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.

To complete the SF-86 using e-QIP, the individual requiring unescorted access to the FBI facility must contact Chief Security Officer - contact COR for contact information 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.

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: (insert name and address of Chief

Security Officer). The use of regular U.S. mail channels may cause significant delays in processing the unescorted access request.

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

The FBI reserves the right to reinvestigate Task Order individuals on a periodic basis or where facts or information indicates that continued access may no longer be clearly consistent with the FBI’s mission. Should the contractor receive information regarding one of their employees which may affect the access of an employee to an FBI facility, e.g., knowledge of arrest, felony conviction, misdemeanor conviction, use of or addiction to drugs and or chemicals, abuse of alcohol, indebtedness, or any behavior, activities, or associations which tend to show that the individual is not reliable or trustworthy, the contractor shall advise the FBI’s Contracting Officer's Security Representative immediately, See H.4.

All contractor personnel working on this Task Order may be required, at the

Government’s discretion, to undergo counterintelligence focused polygraph examinations. The polygraph examinations may be prior to acceptance or at any time during the performance of the Task Order, and without notice.

Non U. S. Citizens

The Department of Justice (DOJ), Federal Bureau of Investigation (FBI) will no longer permit the use of Non-US citizens in the performance of any Task Order or commitment for any position that involves access to or development of any FBI Information

Technology (IT) system. By signing the Task Order or commitment document, the contractor agrees to this restriction with respect to all new employees utilized directly to perform duties on the Task Order. Information technology (IT) means any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency. The term

"information technology" includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

Department of Justice (DOJ) Residency Requirement

The DOJ Residency Requirement is amended to apply to all DOJ contractors employed within the United States, both U. S. citizens and non U.S. Citizens. As a result of the events of September 11 th and the enhanced security posture within the DOJ a determination has been made to apply to all contractors.

The residency requirement states that, for three of the five years immediately prior to applying for a position, the individual must have 1) resided in the US; 2) worked for the

US overseas in a Federal or military capacity; or 3) be a depended of a Federal or military employee serving overseas.

This requirement can be waived for short-term contractors (those performing duties for a cumulative of 14 days or less), if there is a critical need for their specialized and unique skills. These individuals must be a US citizen or Permanent Resident Aliens. A waiver request from the Head of the Component outlining the extenuating circumstances along with the requisite contractor clearances security package should be submitted for approval to the Security Officer listed in H.2 above.

Additionally, any individual whether employee or contractor, who is not a US citizen must be from a country allied with the US. For updated information go to www.opm

/gov/employ /html /citizen.htm.

Confidentiality of Data

Duplication or disclosure of the data and other information, to which the Contractor may have access as a result of this Task Order, is prohibited by Public Law. It is understood that throughout performance of the Task Order, the Contractor may have access to data which is the sole property of the FBI as well as access to proprietary data which is the sole property of other than the contracting parties. The Contractor hereby agrees to maintain the confidentiality of all such data to which access may be gained throughout

Task Order performance, whether title thereto vests in the FBI or otherwise. The

Contractor hereby agrees not to disclose said data, any interpretations thereof, or data derivative therefore, to unauthorized parties whether real or artificial, in contravention of these provisions, without the prior written approval of the FBI Contracting Officer. The

Contractor shall ensure that this clause is incorporated in any agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in

Task Order performance or otherwise.

Disclosure of Data under the Freedom of Information Act (FOIA)

If a request for information contained in a quote is requested under the FOIA, the

Government shall have the right to disclose any information or data contained in a quote that results in a Task Order to the extend provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the instructions to the offeror. The Government will, before disclosure, make an administrative determination on a case by case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the act. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submittal of a quote an opportunity to object to disclosure.

Safeguarding of Information and Materials

The Contractor is generally prohibited to publish, disclose, or disseminate, in any form to any person, natural or artificial, findings, recommendations, work products, or any other information relating to its services with the FBI. 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

Task Order. The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person or entity any information known to them by reason of their performance of service under this Task Order which has not been made public, except in the course of their duties or by written authorization of the Contracting Officer. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance, film, or photographs concerning any aspect of the Task Order shall be published or disseminated through any media without the prior written authorization of the Contracting Officer and the FBI’s

Office of Public Affairs (OPA). These obligations do not cease upon the termination of this Task Order. Contractor shall include the substance of this provision and all provisions in the RFQ to all Task Orders for employment and all subcontracts.

Release of Information by Contractor Personnel

The 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.

For purposes of this Clause, "Information" shall include but not be limited to: any media or all media including on the web or web sites; publications, studies, books, theses, photographs, films or public announcements, press releases describing any part of the subject matter of this Task Order 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 Task Order; and

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

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.

Where appropriate, in accordance with established academic publishing practices, the

FBI reserves the right to author/co-author any publication derived from this Task Order.

Contractor shall not use or allow to be used any aspect of this Task Order, including both the contractor’s relationship with the FBI and the work performed under the Task Order, for publicity. “Publicity” means, but is not limited to, advertising (e.g. trade magazines, newspapers, Internet, radio, television, etc.), communications with the media, marketing, or a reference for new business. It is further understood that this obligation does not expire upon completion or termination of this Task Order, but continues indefinitely excepted as allowed by law.

No program related material, unless approved by the Contracting Officer, may leave the

Government or approved Contractor facility. No program related material may be transmitted via the INTERNET or any other network that would allow individuals not associated with this Task Order to directly or indirectly access the program related material.

These obligations do not cease upon completion of the Task Order.

Organizational Conflicts of Interest

(a) The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this Task Order, he does not have any organizational conflict of interest as defined in paragraph (b) below.

(b) The term "organizational conflict of interest" means a situation where a Contractor has interest, either due to its other activities or its relationship with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the

Government's standpoint in being able to secure impartial, technically sound, objective assistance and advise from the Contractor, or in securing the advantages of adequate competition in its procurement; or (2) from industry's standpoint in that unfair competitive advantages may accrue to the Contractor in question.

(c) The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this Task Order, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict.

The Government may, however, terminate the Task Order for the convenience of the

Government at no cost.

(d) In the event that the Contractor was aware of an organization conflict of interest prior to the award of this Task Order and intentionally did not disclose the conflict to the

Contracting Officer, the Government may terminate the Task Order at no cost to the

Government.

Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the Task Order 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 Task

Order, the Contractor shall immediately notify the Contracting Officer and the

Contracting Officer’s Representative (COR) or Point of Contact (POC), in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this

Task Order.

Subcontracting Restriction

Except as specifically approved in writing and, in advance by the Contracting Officer identified in "Task Order Administration," the Contractor shall not subcontract any work procured hereunder, unless otherwise noted in quote submission without first coordinating with the Contracting Officer (CO) and garnering written approval from the CO and Acquisition Security Officer (ASO). It is contemplated that approval will be given for subcontracting certain phases of the work when, in the opinion of the COR and the FBI Contracting Officer, such subcontracting will not adversely affect the quality or delivery of the final product or the difficulty or cost of inspection and testing. Requests for approval to subcontract shall be submitted, in writing, to the FBI

Contracting Officer. All sub-contracts shall meet all requirements as set forth for the prime.

The use of Non-U.S based subcontractor’s are not authorized due to security concerns related to employee’s vital personal information. Any requirement to outsource or subcontract requirements beyond the vendor awarded the Task Order, which would include their non-U.S. subsidiaries/branch locations, must be coordinated and written approval received from the Contracting Officer and Acquisition Security Officer.

Drug Free Workplace

The Contractor shall take measures to prevent the introduction and utilization of illegal drugs and related paraphernalia into Government work areas. Specifically, the

Contractor is referred to provision 52.223-6 - Drug-free Workplace.

The Contractor is responsible for the conduct of employees performing work under this Task Order and is responsible to assure that employees are notified of provisions relative to Drug free Workplace prior to assignment. The removal of Contractor personnel as a result of drug offenses shall not be cause for excusable delay, nor shall such action be deemed a basis for equitable adjustment to price, delivery, or the provisions of this Task Order.

Continuing Contract Performance during a Pandemic Influenza or Other National

Emergency

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the

Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in Task Order performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our Task Order workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza, or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

Determine how all employees who may telework will communicate with one another and with management to accomplish work.

Practice telework regularly to ensure effectiveness.

Make it clear that in emergency situations, employees must perform all duties assigned by management, even if that are outside usual or customary duties.

Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use federal employees, employees of other agencies, Task Order support from other existing contractors, or to enter into new Task Orders for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal

Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2

Emergency Acquisition Flexibilities of the FAR.

JAR 2852.223-70 - Unsafe Conditions Due to the Presence of Hazardous Material

Continuing Contract Performance During a Pandemic Influenza or Other National

Emergency (June 1996)

a) “Unsafe conditions” as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal

Standard No. 313 and any revisions thereto during the term of this Task Order, or any material or working conditions designated by the COR as potentially hazardous and requiring safety controls.

b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions of safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

c) Prior to commencement of work, contractors are required to inspect for and report to the CO or COR suspected presence of any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

d) If during the performance of the work under this Task Order, the contractor or any of its employees or subcontractor employees discovers the existence of an unsafe condition, the contractor shall immediately notify the CO and COR in writing not later than three

(3) working days thereafter. Such notice shall include the contractor’s recommendations for the protection and safety of Government, contractor and subcontractor personnel and property that may be exposed.

e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition, and if necessary, the Task Order will be amended. Failure to agree on a course of action will constitutes a dispute under the Disputes Clause of this Task Order.

f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State and local laws, codes, ordinances and regulations in connection with hazardous material including but not limited to the use, disturbance or disposal of such material. (End of clause)

Contractor Certification of Compliance with Federal Tax Requirements

By submitting a response to a solicitation or accepting a Task Order award, the contractor certifies that, to the best of its knowledge and belief, the contractor has files 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.

Duplication of Efforts

The Contractor hereby certifies that costs for work to be performed under this Task Order and any subcontract hereunder are not duplicative of any costs charged against any other

Government Task Order, subcontract or other Government source. The Contractor agrees to advise the Contracting Officer, in writing, of any other Government Task Order or subcontract it has performed or is performing which involves work directly related to the purpose of this Task Order. The Contractor also certifies and agrees that any and all work performed under this Task Order 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.

Small Business Accelerated Payment

The contractor must indicate 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 business 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.

United Financial Management System (UFMS) Notice

The FBI is using a new financial system that has a direct interface with the System for

Awards Management (SAM). Please ensure that your company’s SAM information is updated and accurate. This includes TIN, EFT, DUNS, addresses, and contact information. The EFT banking information on file in SAM will be what the FBI uses to process payment to your organization.

B. ADDITIONAL CLAUSES

Refer to GSA FSS Contract Terms and Conditions

52.209-9 – Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and

Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L.

111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of

FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the https://www.acquisition.gov/ non-public segment of FAPIIS is covered by a disclosure exemption under the

Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of

6 years. Contractor comments will remain a part of the record unless the

Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in

FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (End of clause)

52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the Task Order. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within any time of the Task Order period.

52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this Task Order by written notice to the

Contractor within any time of the GSA Task Order period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 1 day before the GSA Task Order expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended GSA Task Order shall be considered to include this option clause.

(c) The total duration of this GSA Task Order, including the exercise of any options under this clause, shall not exceed 5 years (Base plus four (1) year option periods).

52.232-19 Availability of Funds for the Next Fiscal Year

Funds are not presently available for performance under this Task Order beyond

September 30 th of each year. The Government's obligation for performance of this Task

Order beyond that date is contingent upon the availability of appropriated funds from which payment for Task Order purposes can be made. No legal liability on the part of the

Government for any payment may arise for performance under this Task Order beyond

September 30 th

, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the

Contracting Officer.

52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the

Government Accountability Office (GAO), shall be served on the Contracting Officer

(addressed as follows) by obtaining written and dated acknowledgment of receipt from

Paul Courtney

Federal Bureau of Investigation

935 Pennsylvania Avenue NW, Room 6823

Washington DC 20535-0001

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision)

JAR 2852.233-70 - PROTESTS FILED DIRECTLY WITH THE DEPARTMENT

OF JUSTICE (JAN 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a Task Order or by the failure to award a Task

Order.

(b) A protest filed directly with the Department of Justice must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency

Protest Official decide the protest. If the protestor is silent on this matter, the Contracting

Officer…