RFQ_STORAGE_REV_1_-_4-20.docx

REQUEST FOR QUOTE (RFQ)

RFQ Number FCU-3162016

CLASSIFIED STORAGE

In support of:

FACILITIES LOGISTICS AND MANAGEMENT DIVISION (FLSD)

& THE RECORDS MANAGEMENT DIVISION (RMD)

NAICS Code:

493- Warehousing and Storage 493110 – General Warehousing and Storage

Conducted Under FAR Parts 12 and 13

Issued by:

U.S Department of Justice Federal Bureau of Investigation Facilities Contracts Unit (FCU), Room 6329 935 Pennsylvania Ave., NW Washington, DC 20535

April 8, 2016 April 20, 2016 Revision 1

1.0 SUPPLIES OR SERVICES AND PRICE

1.1 GENERAL DESCRIPTION

The Federal Bureau of Investigation (FBI) is issuing this Request for Quotation (RFQ) to gather responses from private sector entities, educational institutions and non-profit organizations, and other interested parties for temporary storage space for a one (1) year term plus three (3) one year renewable option periods for storage of national security classified records. The successful offeror shall be able to store a minimum of 6,000 cubic feet to a maximum of 15,000 cubic feet of classified records in accredited space.

2.0 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

2.1 GENERAL DESCRIPTION

The purpose of this RFQ is to make a single contract award for classified storage. The contract type will be Indefinite Quantity/Indefinite Delivery (IDIQ) with unit prices being fixed.

2.2 BACKGROUND

The FBI plans to occupy a new agency records center in 2020. Between April 2016 and occupancy, the FBI must identify a temporary records center to store up to 25,000 cubic feet of classified records. The FBI will require access to the files, occasionally on an expedited basis. Therefore, the selected contractor must be able to quickly pull and securely courier boxes to designated FBI locations within 100 miles of Washington, DC and Winchester, VA. The requirement also includes bulk shipment of records from FBI offices within the continental United States to the temporary records center, as well as bulk shipment of records from the temporary records center to the FBI’s agency records center in Winchester, VA in 2020.

2.3 SCOPE OF SERVICES

2.3.1 Records Storage and Retrieval

a. Records must be stored in National Archives and Records Administration (NARA) certified compliant space in accordance with 36 Code of Federal Regulations (CFR) 1234.

b. Records must be stored in national security classified space accredited at the Secret level in accordance with (National Industrial Security Operating Manual (NISPOM) requirements.

c. The FBI will inventory and box records in standard cubic foot records storage boxes (14 ¾” x 12” x 9 ½”)

d. The vendor should use its standard inventory tracking/control system to maintain accountability for the boxes. No Radio Frequency Identification (RFID) barcodes may be affixed to any FBI boxes. The contractor shall not affix a barcode or any other label which will obscure any existing barcodes or other information on the box.

e. The contractor shall provide space for FBI personnel to review requested records onsite at the contractor’s facility.

f. The contractor must retrieve and deliver boxes to the FBI upon request. Retrieval requirements are specified below.

g. The contractor shall not open boxes to pull individual files; rather, entire boxes will be pulled and transported to the FBI or made available for onsite review in response to requests.

h. Once the FBI has concluded its review of the requested boxes, the contractor will retrieve boxes from FBI offices and refile in the records storage center upon FBI request.

i. The FBI reserves the right to send cleared personnel to the contractor’s records storage center to retrieve and return requested boxes from the contractor’s records storage facility.

j. Once the FBI’s records storage center is constructed, the contractor will securely transport the boxes from the records storage facility to the FBI’s facility.

2.3.2 Bulk Relocation of Records

a. Records relocation: the contractor should provide cost estimates to ship records from five separate geographic locations to its records storage facility.

b. The five locations are: Atlanta, Georgia; Boston, Massachusetts; Butte, Montana; Milwaukee, Wisconsin; and Sacramento, California

c. The contractor shall provide secure bulk shipment of the records from its facility to the FBI’s new records center in Winchester, VA at the conclusion of this contract.

d. The contractor will provide secure transportation in accordance with the requirements in the transportation section that follows.

2.3.3 Performance Location and Retrieval Requirements

a. The FBI requires the storage facility(s) to be located within a 60 mile radius of Chantilly, VA.

b. The FBI requires that any boxes requested for expedited retrieval be delivered to the designated FBI facility within a 4-hour window from receipt of request as indicated by the date/time the request is sent.

c. The FBI requires that any routine requests for boxes be delivered to the designated FBI facility within one business day from receipt of request as indicated by the date/time the request is sent.

2.4 COMPLIANCE WITH NARA STORAGE FACILITY REQUIREMENTS

The contractor’s storage facility must be compliant with the NARA federal records storage standards as promulgated in 36 CFR 1234. The contractor must submit proof of existing certification of compliance with NARA standards when replying to this advertisement. The proposed records storage facility must also be accredited at the Secret level.

2.5 PERSONNEL SECURITY REQUIREMENTS

Contractor personnel and facilities must possess active Secret clearances and meet the requirements of the NISPOM, which is available at http://www.dss.mil.

Contractors must possess approved, current facility and personnel clearances at the Secret level or higher to respond to this advertisement. Contractors in the process of obtaining Secret or higher facility and personnel clearances are eligible to respond if they have already: obtained an approved Special Security Agreement (SSA) or equivalent, AND, have at least one employee who possesses an active Secret clearance. Records cannot be stored in a contractor’s facility until all personnel who are handling the records and the facility clearances have been granted. Interim security clearances are not acceptable.

2.6 TRANSPORTATION SECURITY PROTOCOLS

2.6.1 Bulk Shipments

a. The contractor will provide tractor(s), trailers, and driver(s) to transport the records from FBI offices to the contractor’s records storage facility and vice versa.

b. At least one contractor with Secret or higher clearance must escort the records 24x7. Unless the trip is very short, two escorts will generally be required to provide coverage for meals and restroom breaks.

c. A high security lock or seal must be used to secure the trailer during transport. Drivers do not need to have Secret clearances.

d. Drivers without Secret clearances will need to submit paperwork to the FBI and will need to pass a Limited Background Investigation. Although drivers do not need to have Secret clearances, records shipments must be escorted with Secret cleared personnel. Drivers without Secret clearances must not handle or be in the immediate presence of unsealed FBI records. They can only drive sealed containers of FBI records in the presence of an escort with a Secret clearance.

e. The FBI may chose to provide its own escorts for the relocation of files from FBI offices to the contractor’s records storage facility.

2.6.2 Local Shipments

When transporting records from the contractor’s storage facility to one of the FBI’s offices, contractor personnel with Secret or higher clearance must escort records at all times during transport. The records must be double wrapped and placed in a locked container or truck secured with a high security lock or seal during transport.

2.6.3 Insurance Requirements

When transporting bulk shipments, the contractor will assume liability for the trailers and will provide proof of insurance for transportation of the trailers. The contractor must provide liability and property damage insurance of at least $2 million per trailer and collision insurance of at least $100,000 per trailer.

2.6.4 Security Requirements

These requirements apply whenever records are transported, except in the specific instances where the FBI provides transportation.

2.6.5 Contractor Security Representative (CSR)

2.7 DELIVERABLES

The contractor shall deliver files as requested to the following locations:

Stephens City, Virginia Alexandria, Virginia FBI HQ, Washington, DC

Deliveries shall occur on the scheduled date agreed upon at the time of each request.

All deliveries shall be Monday thru Friday, except for *Federal Holidays, between the hours of 7:30 AM EST and 5:00 PM EST. Shipping shall be accomplished according to standard commercial practices.

Observance of Legal Holidays

(a) The Government hereby provides NOTICE and Contractor hereby acknowledges RECEIPT that Government personnel observe the listed days as holidays.

New Year’s Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day Inauguration Day (when applicable)

(b) In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, they may be reimbursed either as direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(d) When the Federal, State, Local and other governmental entities grants excused absence to its employees, assigned Contractor personnel may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled and shall be guided by the instruction issued by the CO or the COR.

(e) If Government personnel are furloughed, the Contractor shall contact the CO or the COR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

1. Contractor personnel that are able to continue contract performance (either on-site or at a site other than their normal work station), shall continue to work and the contract price shall not be reduced or increased.

2. Contractor personnel that are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort.

(f) In those situations that furloughed Government personnel are reimbursed, the Contractor may not invoice for their employees working during the Government furlough until such time as the special legislation affecting Government personnel is signed into law by the President of the United States.

(g) Nothing in this clause abrogates the rights and responsibilities of the parties relating to “stop work” provisions as cited other sections of this contract.

2.7.1 Late Delivery

The contractor shall notify the FBI CO via a Notice Letter, consecutively numbered, as soon as it becomes apparent to the contractor that a scheduled delivery will be late. The contractor shall include in the Notice Letter the rationale for late delivery and the expected date for the delivery. The FBI CO will review the new schedule and provide guidance to the contractor. Such notification in no way limits any Government contractual rights or remedies including but not limited to termination.

2.7.2 Non-Conforming Services

Non-conforming products or services will be rejected. Deficiencies will be corrected, by the contractor, within 5 workdays of the rejection notice. If the deficiencies cannot be corrected within 5 workdays, the contractor will immediately notify the FBI COR of the reason for the delay and provide a proposed corrective action plan within 5 workdays.

2.8 TERM OF CONTRACT

It is the intention of the government that this contract for storage for one (1) base year with three (3) one-year (12-month) renewable option periods. The maximum period of performance is a period of four (4) years, contingent upon each option year being exercised, the availability of funding and the need of the Government.

Base Period: Date of award 2016 – xxxx xx, 2017

Option Period 1: xxxx xx, 2017 - xxxx xx, 2018

Option Period 2: xxxx xx, 2018 - xxxx xx, 2019

Option Period 3: xxxx xx, 2019 - xxxx xx, 2020

2.9 SERVICES AND PRICES/COSTS

The Contractor shall provide firm fixed price unit pricing and identify the percentage discounted from list price, if any, or what the government discount is that is being offered. Prices will be evaluated based upon the unit pricing quoted for the quantities listed in the Interim Storage Pricing Template.

2.9.1 Pricing

The prices to the Government shall be lower than or as low as those charged to the supplier’s most favored customer (MFC) for comparable quantities under similar terms and conditions in addition to any discounts for prompt payment.

2.9.2 Interim Storage Pricing Template

A pricing template (similar to the one below) has been provided in Section 7, Attachment One (1) INTERIM STORAGE PRICING TEMPLATE.

BASE YEAR

One-Time Transaction Fees

15000

15000

Subtotal

Annual Fees

Subtotal

Services

15000

Subtotal

Annual total base year

OPTION YEAR ONE

One-Time Transaction Fees

15000

15000

Subtotal

Annual Fees

Subtotal

Services

15000

Subtotal

Annual total Option 1

OPTION YEAR TWO

One-Time Transaction Fees

15000

15000

Subtotal

Annual Fees

Subtotal

Services

15000

Subtotal

Annual total Option 2

OPTION YEAR THREE

One-Time Transaction Fees

15000

15000

Subtotal

Annual Fees

Subtotal

Services

15000

Subtotal

Annual total Option 3

Total price for base and all option years

Additional Services

3.0 TERMS AND CONDITIONS

3.1 SPECIAL CONTRACT REQUIREMENTS

ADDENDA TO 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

In accordance with FAR 12.302(d) the following addenda shall be included into this solicitation as a part of FAR 52.212-4:

3.1.1 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 contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the provision at Far 52.2151 (e),"Instructions to Offerors Competitive Acquisitions". The Government will, before disclosure, make an administrative determination on a casebycase 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 submitted of a quote an opportunity to object to disclosure.

3.1.2 Organizational Conflicts of Interests - General

(a) The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, 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 contract, 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 contract for the convenience of the Government.

(d) In the event that the Contractor was aware of an organization conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

3.1.3 Indemnification

(a) Responsibility for Government Property

1. The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or service to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

2. If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty of the Contractor or its employees, any Government owned or controlled property is lost or damaged as a result of the Contractor's performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may in lieu of payment thereof, require the Contractor to replace at this own expense, all property lost or damaged.

(b) Hold Harmless Indemnification Agreement The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

3.1.4 Government’s Right of Recovery

Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provided for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

3.1.5 Government Liability

The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

3.1.6 Claims

The Government shall not be liable for any cost incurred by the Contractor, any subcontractor, or any contract employee, in the furnishing of required security information, or in complying with the FBI's security requirements during the entire term of the contract.

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

3.1.7 Announcement of Project

The Contractor is expressly forbidden from notifying any outside party of any details concerning any project on which the Contractor is providing any service to the FBI as a result of this contract, without the expressed written approval of the FBI Contracting Officer. The Contractor shall ensure that this clause is incorporated in agreements reached with any subcontractors, consultants, agents, or representative employed by the Contractor in contract performance or otherwise.

3.1.8 Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting the individual task deadline set by the FBI, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of an assignment, the Contractor shall immediately notify the COTR or Contracting Officer who issued the task order, in writing, giving pertinent details, provided, however, that this data shall be information only in character and that this provision shall not be construed as a waiver by the Government on any delivery schedule or date, or any rights or remedies provided by law or under the SOW.

3.1.9 Safeguarding of Information

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 contract 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 contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the termination of this contract. The contractor shall include the substance of this provision in all contracts for employment and in all subcontracts hereunder.

3.1.10 Confidentiality of Data

Duplication or disclosure of the data and other information which the Contractor will have access as a result of this contract, is prohibited by Public Law. It is understood that throughout performance of the Contract, the Contractor will have access to confidential 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 through contract 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 there from, to unauthorized parties whether real or artificial, in contravention of these provisions, without the prior written approval of the FBI Contracting Officer or the party in which title thereto is wholly vested. 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 contract performance or otherwise.

3.1.11 Disclosure of Data

All data produced, developed, and/or delivered as a result of this contract, shall be the sole property of the FBI and shall be treated by the Contractor as official FBI documentation to be released by the FBI only. Duplication or disclosure of the data and other information produced by the Contractor hereunder is prohibited. Accordingly, the Contractor shall not disclose said data, any interpretations thereof, or data derivation there from, to third 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 contract performance or otherwise.

3.1.12 Ownership and use of Documents

All data produced, developed, received and/or delivered by the Contractor, as a result of this contract shall be the sole property of the FBI. All reports, drawings, specifications, and copies thereof prepared and furnished by the Contractor to the FBI shall become the property of the FBI. Further, the FBI by having sole ownership of these documents may use these documents and data produced and developed by the Contractor in any manner that the FBI deems necessary and in the FBI’s best interest at no additional compensation to the Contractor. This would include, but not be limited to, the following facilities’ maintenance, facilities’ operations, future renovations, etc. 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 contract performance or otherwise.

3.1.13 Small Business Accelerated Payment

The contractor must indicate his business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB MEMO M-11-32,‘Accelerating Payments to Small Businesses for Goods and Services,’ dated 10/14/2011. The prompt payment act still applies to this action; however the agency will make best efforts to pay proper invoices within 15 days.

3.1.14 Representations Regarding Felony Conviction Under any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2012-2) (Jan 2012)

(a) In accordance with Section 543 and 544 of Title Y, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L. 112-55), none of the funds made available by the Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation (1) convicted of a felony criminal violation of any Federal law within the preceding 24months and unless an agency has considered suspension and debarment of the corporation and made a determination that this further Action is not necessary to protect the interests of the Government, or (2) with an unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance the quote-or/contractor represents that: (1) The quote-or/contractor is not a corporation convicted of a felony criminal Violation under any Federal law within the preceding 24 months; and (2) The quote-or/contractor is not a corporation that has any unpaid Federal tax Liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

3.1.15 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency

During a Pandemic or other emergency we understand that our Contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our Contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our Contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

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

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

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

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

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

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

Integrate pandemic health crisis response expectations into telework agreements.

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

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

Practice telework regularly to ensure effectiveness.

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

Identify how time and attendance will be maintained.

It is the Contractor's responsibility to advise the government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or E-Mail messages acknowledging the Contractor's notification. The incumbent Contractor is responsible for assisting the Government in estimating the adverse impacts of nonperformance and to work diligently with the Government to develop a strategy for maintaining the continuity of operations.

The Government does reserve the right in such emergency situations to use federal employees, employees of other agencies, contract support from other existing Contractors, or to enter into new contracts 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 Federal Acquisition Regulation.

3.1.16 Inverted Domestic Corporations

The Offeror shall fill out Section 7, Attachment 5 to complete this clause.

Section 743(a) of Division D of the Omnibus Appropriations Act 2009, prohibits the Federal Bureau of Investigation from entering into any contract with any foreign incorporated entity which is treated as an inverted domestic corporation under Section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. § 395(b)) or any subsidiary of such entity. This prohibition does not apply to contracts entered before March 11, 2009, or to any task order issued pursuant to such contracts, The Attorney General shall waive prohibitions in the interest of national security.

The Contractor under this solicitation warrants that:

It is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. §395(b).

It is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395(b), but it has submitted a request for a waiver or plans to submit a request for waiver.

A copy of the approved waiver, if a waiver has been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

The Contractor warrants that if at any time after award it discovers it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395 (b) and a waiver was not obtained, the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer. The Government may, however, terminate the contract at no cost to the Government.

3.1.17 Classified Contract Special Security Requirement (SSR)

The FBI has determined that performance of this effort requires that the Contractor have access to classified National Security Information (herein known as classified information). Classified information is Government information which requires protection in accordance with Executive Order 12356, Classified National Security Information, and supplementing directives. Executive Order 13292, dated 28 March 2003, “Further Amendment to Executive Order 12356, as amended, “Classified National Security Information” and implementation directives, provides principles and procedures for the proper classification and declassification of material. These principles and procedures are applicable to classified documents or materials generated by the contractor in performance of this contract.

This clause applies to the extent that this contract involves access to classified information.

The contractor shall comply with: (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); (2) Any revisions to that manual, notice of which has been furnished to the contractor.

The Contractor shall abide by the requirements set forth in the DD Form 254 and the National Industrial Security Program Operating Manual (NISPOM), DoD 5200.22-M) for the protection of classified information at its cleared facility, if applicable, as directed by the DSS. If the Contractor has access to classified information at a FBI or other Government facility, it shall abide by the requirements set by the agency.

No classified document or material provided by the FBI, or generated by the contractor pursuant to the contract, may be downgraded or declassified unless authorized in writing by the CO.

The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual shall interface with the FBI Security Office on all security matters, to include physical, personnel and protection of all Government information and data accessed by the Contractor.

Contractor personnel will require access to classified information and have access to classified areas. Contractor personnel shall possess at least an active and transferable Government Secret clearance at the time of proposal submission. Contractors who will have access to FBI facilities, systems or data shall possess an active and transferable Secret clearance at the time of proposal submission. The Government reserves the right to waive this requirement for any portion of the work that deals with technologies or data that is in the public domain. Contractor personnel assigned to this project shall be subject to routine criminal and credit checks by the FBI.

Contractor personnel shall be subject to counterintelligence focused polygraph examinations at the Government's discretion. The polygraph examinations may be required prior to acceptance or at any time during the task order, without notice.

The contractor shall maintain an overall security program in accordance with the requirements of the NISP. All automated information systems utilized to process FBI information will be operated in accordance with the requirements of the NISPOM, NISPOM Supplement, dated February 1995, DCID 6/3 and/or FBI certification and accreditation policies and procedures, as appropriate. Revisions to these documents, when published, will be provided to the contractor and will become a part hereof upon such issuance.

If subsequent to the date of this contract, the security classification or security requirements under this contract are caused to be changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

The contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph, but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

The contractor is obligated to comply with all relevant clauses and provisions incorporated into this contract and with the Contractor NonDisclosure Agreement, and as referenced therein, the NISPOM, dated January 1995, and all applicable FBI security policies and procedures, including the DCIDs. As applicable, the contractor shall maintain a security program that meets the requirements of these documents.

Security requirements are a material condition of this contract. This contract shall be subject to immediate termination for default, without the requirement for a 10-day cure notice, when it has been determined by the CO that a failure to fully comply with the security requirements of this contract resulted from the willful misconduct or lack of good faith on the part of any one of the Contractor’s directors or officers, or on the part of any of the managers, superintendents, or equivalents of the contractor who have supervision or direction of: a. All or substantially all of the contractor’s business, or b. All or substantially all of the contractor’s operations at any one plant or separate location in which this contract is being performed, or c. A separate and complete major industrial operation in connection with the performance of this contract.

When deficiencies in the contractor’s security program are noted which do not warrant immediate default, the contractor shall be provided a written notice of the deficiencies and be given a period of 90 days in which to take corrective action. If the contractor fails to take the necessary corrective action, the CO may terminate the whole or any part of this contract, for default. The contractor shall maintain and administer, in accordance with all relevant clauses and provisions set forth or incorporated into this contract, a security program that meets the requirements of these documents.

3.1.18 Contracting Officer’s Security Representative (COSR)

COSR are the designated representatives of the CO and derives their authorities directly from the CO. They are responsible for certifying the contractor’s capability for handling classified material and ensuring that customer security policies and procedures are met. The COSR is the focal point for the contractor, CO, and COR regarding security issues. The COSR cannot initiate any course of action that may alter the terms of the contract. The COSR is UC Throckmorton and can be reached on (202) 203-1849.

The provisions of this clause shall apply to the extent that any aspect of this contract requires the contractor to access classified, of Sensitive But Unclassified and/or Law Enforcement Sensitive information.

If, subsequent to the date of this contract, the security requirements under this contract are changed by the FBI, as provided in this clause, and the security costs or time required for delivery under this contract are thereby increased or decreased, the contract price, delivery schedule, or both, and any other provision of this contract which may be affected shall be subject to an equitable adjustment in accordance with the procedures in the Changes clause of this contract.

3.1.19 Contractor Suitability Requirement (CSR)

Access to FBI facilities and information is subject to specific security and suitability requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at any time prior to or during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract. Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for contract performance. Failure to replace the employee may result in a no cost termination by the government

3.1.20 DOJ Residency Requirement

All contractor personnel employed within the United States, both United States citizens and non-United States citizens, are required to meet the following residency requirements:

a. For three of the five years immediately prior to applying for the specific contract position, the individual must have 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capability; or 3) be a dependent of a Federal or military employee serving overseas.

The requirement may be waived for short term contractor personnel (performing duties for a cumulative total of 14 days or less) if there is a critical need for their specialized and unique skills. These individuals must, however, be United States citizens or Permanent Resident Aliens.

3.2 FAR PROVISIONS INCORPORATED IN FULL TEXT

3.2.1 52.233-2 Service of Protest (Sept 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: Federal Bureau of Investigation; Attn: Nancy J. Beck, Rm 6329; 935 Pennsylvania Ave., NW; Washington, DC 20535.

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

3.3 FAR CLAUSES INCORPORATED IN FULL TEXT

3.3.1 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

3.3.2 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Mar 2016)

(a) 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:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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)).

(b) 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:

X (1) 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).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

X (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 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.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 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).

X (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

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

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

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

__ (ii) 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 (OCT 2015).