Flashbang-PR-24 RFP v1.3.docx

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

REQUEST FOR PROPOSAL

SOUND AND FLASH GRENADES

November 22, 2023

FLASHBANGS-PR-24-001

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A ‑ SOLICITATION/ CONTRACT FORM

PART II - CONTRACT CLAUSES

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

SECTION J ‑ LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K ‑ REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L ‑ INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M ‑ EVALUATION FACTORS FOR AWARD

PART I – THE SCHEDULE

SECTION A – DEFINITIONS

A.1 SOLICITATION CONTRACT FORM

See SF-33 (Attachment 2) in Section J

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

The Federal Bureau of Investigation (FBI), also referred to in this solicitation as the Government, intends to award a single Indefinite Delivery Indefinite Quantity (IDIQ) contract, as contemplated by FAR 16.504, for the acquisition of sound and flash grenades. The total scope of the technical tasks for which orders may be issued is set forth in this Request for Proposal (RFP) and Section C. Statement of Work (SOW).

B.1 DESCRIPTION OF SUPPLIES

Contractor shall provide sound and flash grenades under the policies and procedures prescribed herein.

B.2 TYPE OF CONTRACT

The contract will be structured as a Fixed Price, Indefinite-Delivery Indefinite-Quantity (IDIQ), type contract for one (1) base year and four (4) possible one-year option periods. A single contract shall be awarded. The FBI anticipates making this an IDIQ contract award to the offeror with the best value.

B.3 CONTRACT AND ORDER LIMITATIONS

Delivery shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the quantity designated in the Schedule as the “maximum,” hereby established as $4,900,000.00 over the life of the contract. The Government shall order at least the quantity of supplies or services designated as the “minimum,” hereby established as $2,000.00 over the life of each contract established.

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

B.4 PRICING/FIVE (5) YEAR ESTIMATED CONTRACT COST

Price proposals shall be submitted using the Pricing Matrix provided in this solicitation, refer to Section J, List of Attachments, Attachment 1 of the solicitation package.

[End of Section]

SECTION C - STATEMENT OF WORK

C.1 GENERAL DESCRIPTION

The Federal Bureau of Investigation (FBI) is the federal government's principal agency responsible for investigating violations of more than 260 Federal statutes. As an investigative arm of the Unites States Department of Justice, FBI personnel, in the execution of their responsibilities, may be involved in high threat assignments involving the possible use of deadly force.

In direct support of training and operational activities the FBI has a need to acquire sound and flash grenades. The grenades are required to protect FBI agents in their various duties. The grenades are used to distract and disorient potentially dangerous individuals to allow agents to perform their duties successfully, while simultaneously, increasing safety for agents and suspects.

C.2 SCOPE

C.2.1 Provide sound and flash grenades. (see section C.3).

C.2.2 Deliver within 120 days after receipt of order. Deliveries to be shipped FOB to any FBI location throughout the life of the contract.

C.2.3 In accordance with the requirements of this Section, complying with clauses and provisions contained in this RFP, the Government will place orders against this IDIQ for the products required in chart under C.3.1.

C.2.4 Flashbangs must have a 1.5 second fuse.

C.2.5 Flashbangs must have a ¼ turn pin.

C.2.6 Flashbangs must not vent toward the side of the product where it would be held.

C.3 GENERAL REQUIREMENTS:

C.3.1

C.4 QUALITY CONTROL PLAN

C.4.1 Grenades and components which fail any portion of Contractor’s Quality Control testing shall be rejected and not shipped. No further attempts shall be made to correct or otherwise remediate items which have failed any portion of the testing, for purposes of delivery under this contract.

C.5 AUTHORIZED BUYERS

C.5.1 Interested parties shall contact the identified Contracting Officer for prior authorization. Authorized Buyers include: Department of Justice agency components. Other agencies may seek permission to utilize the contract on a case-by-case basis directly to the Administrative Contracting Officer. Authorized Buyers will be identified in each Delivery/Task Order.

C.6 REPORTS

C.6.1 Contractor shall provide quarterly reports, to the Contracting Officer, within ten (10) calendar days of the end of the quarter [Jan-Mar/Apr-Jun/Jul-Sep/Oct-Dec] during which supplies were ordered. The report shall include:

a) Contract Number

b) Period of Performance (ex: Base Year/Qtr. 1)

c) List of individual orders “ACCEPTED” during quarter for each authorized buyer (include delivery order number & dollar value of order).

NOTE: “ACCEPTED” refers to an order that has been received during the quarter, regardless if the order shipped. When an order has been received/accepted by the Contractor, the maximum, not to exceed, contract value is impacted.

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

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

It is preferred that this information be provided using Microsoft Excel.

If the quarterly report is not provided within ten (10) calendar days of the end of quarter, a written explanation as to why the report is tardy shall be provided with the quarterly report.

C.7 SECURITY AND ACCESS CONTROL

C.7.1 In performance of this contract, all contractors accessing site will require to submit to a Limited Escorted Access Review (LAR). All required security forms and fingerprint cards required as part of the LAR process can be obtained by the Contractor through the COR, upon request.

On-site visits require a minimum of 48 hours advance notice, unless an exigent circumstance exists which will require prior COR or Contracting Officer approval. This is a two-step process that the COR or CO will submit, on a site-by-site basis, to site Security Office. See Section H for additional security requirements.

[End of Section]

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract and delivery order number on or adjacent to the exterior shipping label.

Contractor shall be capable of tracking items sold and shipped under the contract in the event of a recall. Upon request, the Contractor shall supply this information to the COR for warranty purposes.

D.2 PACKAGING AND IDENTIFICATION

D.2.1 The sound and flash grenades, components, and accessories shall be packed separately in standard packaging with any accompanying manuals (if applicable). Items shipped will conform to Department of Transportation (DOT) regulations.

D.2.2 All deliverables submitted to the Contracting Officer (CO) and the Contracting Officer‘s Representative (COR) shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

(a) Contract Number;

(b) Name and address of the consignor;

(c) Name and address of the consignee:

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

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

SECTION E – INSPECTION AND ACCEPTANCE

E.1 QUALITY ASSURANCE

The Government shall monitor customer satisfaction by reviewing quarterly reports and tracking shipments. The satisfactory delivery of the grenades will be closely monitored and tracked by the COR. Items tracked include: timely delivery of supplies; accuracy of order; and condition of delivery upon receipt.

Contractor shall take corrective action within five (5) days of written notification of a contract non-conformance. Action shall include replacement of all defective, deficient, or suspect items; and provide COR with written results of failure analysis and preventative measures to avoid repetitive non-conformances.

Failure to maintain the quality, durability, and reliability standards established at the time of award is detrimental to the Government. Should a continuing pattern of failure emerge, this may constitute grounds for the initiation of termination proceedings.

E.2 WARRANTIES

The Contractor warrants this product to be free of defects and of merchantable quality within the meaning of the Uniform Commercial Code. Offeror further warrants that the product conforms to all applicable requirements as outlined in the Section C.

E.3 FEDERAL ACQUISITION REGULATION CLAUSES

E.3.1 Clauses Incorporated By Reference (FAR 52.252-2)(FEB 1998) This contract incorporates the following clauses by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at http://www.acquisition.gov/far

52.212-4 Contract Terms & Conditions – Commercial Products and Commercial Services (NOV 2023) 52.246-4 Inspection – Fixed-Price (Aug 1996) 52.246-16 Responsibility for Supplies (Apr 1984)

E.4 INSPECTION AND ACCEPTANCE

(a) Government inspections may be performed at the Government or contractor’s facility.

(b) Inspection, acceptance, and rejection decisions will be based upon item compliance with the specifications.

(c) The Government has the right to inspect and to evaluate the work being performed under the contract, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work.

(d) Payment will be deemed as notification of acceptance.

(e) Unless otherwise specified in an individual Delivery/Task Order, written notification of negative inspection results will be furnished by the Contracting Officer or COR within thirty (30) days after delivery.

[End of Section]

SECTION F – DELIVERIES AND PERFORMANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://www.acquisition.gov/far

The following contract clauses pertinent to this section are hereby incorporated by reference:

52.242-15 Stop-Work Order (Aug 1989) 52.247-34 F.O.B. Destination (Nov 1991)

F.2 PERIOD OF PERFORMANCE – IDIQ Contract

The anticipated period of performance shall be a twelve (12) month base period, to begin on the date of award, with four (4) potential one-year option periods. The Government will provide a thirty (30) day notice of intent before each option is to be exercised.

*Option to extend the term of the contract in accordance with 52.217-9

F.3 DELIVERY SCHEDULE

Specific delivery schedules and task order period of performances will be cited in the individual Delivery/Task Orders. A Delivery/Task Order period of performance may exceed the life of the IDIQ Contract so long as it was awarded prior to the contract expiration date and delivery does not exceed 12 months past expiration of contract.

Delivery Orders that contain sound and flash grenades shall be drop shipped to destinations set forth in Section C.2.2, as identified in the individual Delivery/Task Order. Partial deliveries may be accepted with prior approval from the COR.

ALL DELIVERIES SHALL BE RECEIVED BY THE REQUESTOR NO LATER THAN 120 DAYS AFTER RECEIPT OF ORDER BY THE CONTRACTOR.

Contractor shall make their best effort to deliver within 120 days or provide the COR and Requestor with a realistic delivery date at the time an order is placed. Anticipated delivery time periods after receipt of order shall be identified in the Delivery/Task Order quotation.

If delivery cannot be made within this timeframe, the Contractor shall forward notification with a detailed reason for delayed shipment to the COR and Requestor’s attention.

F.4 NOTICE TO THE GOVERNMENT OF DELAYS

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

F.5 PLACE OF DELIVERY

Place of delivery will be identified in the individual Delivery/Task Orders at time of placement.

F.6 F.O.B. DESTINATION (52.247‑34) (NOV 1991)

(a) The term "F.O.B. destination," as used in this clause, means‑‑

(b) The Contractor shall;

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

(2) Prepare and distribute commercial bills of lading;

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

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

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

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

(End of Clause)

[End of Section]

SECTION G – CONTRACT ADMINISTRATION

G.1 CONTRACT ADMINISTRATION

The functions inherent to this contract shall be performed by the designated Contracting Officer, per FAR Subpart 42.302, Contract Administration Functions. Direction that will modify the scope, terms and conditions, funding or any other action that may modify the agreements as originally entered into with the government must be from the CO. TOs may have different Contracting Officers (CO). Contact information for the Contracting Officer is provided below:

Brian Ames, Contracting Officer Federal Bureau of Investigation, National Acquisition Program Unit, (NAPU) 4910 Fowler RD Redstone Arsenal, AL 35898

Telephone # 256-678-2836 Email: bames@fbi.gov

G.2 JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (NOV 2020)

A. An individual that shall be named after contract award is hereby designated to act as the Contracting Officer’s Representative (COR) under this contract.

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

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

(End of clause)

G.3 ADMINISTRATIVE CONTRACTING OFFICER (ACO)

An individual may be named upon award. Any/all contract related matters shall be addressed to the attention of the CO/ACO throughout the life of the contract. Technical matters shall be addressed with the COR.

G.4 TECHNICAL POINT OF CONTACT (TPOC)

The COR shall serve as a single technical point of contact for the contract and provide contract wide technical and managerial direction. A Technical Point of Contact (TPOC) may be identified for each Task/Delivery Order under the contract and serve to provide technical guidance and leadership for that effort. Detailed or unique technical direction or approvals pertinent for each individual order shall come from the TPOC; however, the COR remains the individual ultimately responsible for the technical aspects and decisions of the overall contract. The direction of the COR takes precedence over the TPOC. No oral statement of any person, Government or contractor, shall modify or otherwise affect the terms, conditions, or specifications stated in this contract. All modifications of the contract must be made in writing by the CO.

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

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

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

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

• Changes any of the terms, conditions, or other requirements of this effort; and

• Suspends or terminates any portion of this effort.

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

G.5 ORDERING

In accordance with Federal Acquisition Regulation (FAR) 16.505, Ordering, and the clause at 52.216-18, Ordering, any supplies to be furnished under these contracts shall be ordered by issuance of delivery orders by entities authorized under the contract.

G.6 NAME OF OMBUDSMAN

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

The Ombudsman’s contract information will be made available upon request.

G.7 INVOICING REQUIREMENTS

A. Invoices shall be submitted electronically to:

FBI IMPLEMENTATION OF INVOICE PROCESSING PLATFORM (IPP) ELECTRONIC INVOICING SYSTEM

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

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

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

Action to take:

If you are already enrolled in IPP:

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

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

If you are NOT already enrolled in IPP:

If your company is not registered to use IPP, no action in IPP is required at this point in time. The FBI will enroll your company by using the provided contact information relevant to your company in SAM.gov. Please ensure that your company is registered in SAM.gov. Your company’s Electronic Business POC in SAM.gov will be designated as an IPP administrator by default. This individual will be responsible for initial account registration as well as creating and managing your company’s IPP users and permissions. Please note that due to U.S. Department of the Treasury guidelines, IPP cannot set up User IDs using a shared email address.

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

· The first email contains the initial administrative IPP User ID

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

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

2. Registration is complete when the initial administrative user logs into the IPP web site with the User ID and password provided and accepts the IPP rules of behavior. Additional user accounts, including administrators, can be created after initial login.

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

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

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

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

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

· Phone: (866) 973-3131

· Email: IPPCustomerSupport@fiscal.treasury.gov

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

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

For contract-specific questions, please contact the designated contracting officer for your contract.

We appreciate your patience and participation as we make this transition.

B. All invoices are required to have a unique identifying, non-duplicable number, and reflect the contract number, delivery order number, list of supplies, delivery date and Contractor point of contact information (name, email address, phone number).

C. It shall be the Contractor’s responsibility to include the information required by this contract on each invoice. If an invoice does not contain the above information, the Government reserves the right to reject the invoice as IMPROPER and notify the vendor within seven (7) days after receipt of the invoice at the designated billing office. Resubmission of a PROPER invoice will be required.

D. Any requirement for resubmission for payment or Contractor questions regarding payment should be directed to the COR or Agency Point of Contact under the contract. All follow-up invoices (i.e. revised, resubmitted) shall be marked "REVISED".

G.8 SMALL BUSINESS ACCELERATED PAYMENT

Contractor must indicate its business size on each invoice to assist payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-11-32, ‘ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND SERVICES’, dated 10/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days.

G.9 PAYMENT

Payment will be made by the FBI’s Commercial Payments Unit (CPU) in accordance with the Prompt Payment Act upon COR certification of receipt of supplies.

G.10 WITHHOLDING OF CONTRACT PAYMENTS

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

G.11 SYSTEM FOR AWARD MANAGEMENT REQUIREMENT (SAM)

The Offeror and Awarded Contractor shall ensure its company is registered in the System for Award Management (SAM). Effective July 29, 2012, all vendors shall be registered SAM to receive government contracts. In addition, the FBI implemented a new financial management system that has a direct interface with SAM. It is the Contractor’s responsibility to ensure that company information in SAM is current, accurate, and complete. This information includes TIN, EFT, DUNS, addresses, and contact information. The EFT banking information on file in SAM will be the information the FBI uses to processes payment with vendors doing business with the FBI.

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

G.12 ORDERING PROCEDURES

Delivery/Task Orders awarded under the IDIQ will be evaluated on a technical acceptability basis. Processes and Procedures for Delivery/Task Orders are outlined below.

a) Task Orders may be awarded by Contracting Officers from any DOJ component. The FBI Contract Administrator must be notified of awards from other DOJ components. It is the Contractors responsibility to report Task Order awards on a quarterly basis to email address to be designated at time of award.

b) All Task Orders are subject to the terms and conditions of the IDIQ contract. Terms and Conditions will not be reproduced in each Task Order RFQ; however, all applicable terms and conditions shall have the same force and effect as if they were reproduced in the TO. In the event of conflict between a Task Order and this IDIQ, the IDIQ shall take precedence. If the discrepancy cannot be resolved at the Task Order level the IDIQ COR shall be notified. If further intervention is necessary, the IDIQ Contract Administrator shall be notified or the IDIQ Contracting Officer.

c) In the event issues pertaining to a proposed work cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw and cancel the proposed work. In such event, the Contractor shall be notified of the Contracting Officer’s decision. This decision shall be final and conclusive and shall not be subject to the Disputes clause or the Contract Disputes Act.

d) The Contractor is not authorized to commence performance prior to issuance of an Order by the Contracting Officer.

[End of Section]

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with other contract provisions. The Government will, before disclosure, make an administrative determination on a case‑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 submitter of a proposal an opportunity to object to disclosure.

H.2 GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

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

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

H.3 ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, including approval by the FBI's Security Division, must be satisfied prior to access. Contractors who will require escorted access, including short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD-816), a "Privacy Act of 1974 Acknowledgment Form" (FD-484) and two Fingerprint Cards (FD-258). Completed forms should be provided to the assigned Contracting Officer's Representative (COR) at least 10 days prior to required access.

H.4 CONTRACTOR SUITABILITY REQUIREMENT

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 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 continued contract performance. Failure to replace the employee may result in a no cost termination for cause by the government.

H.5 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.

H.6 DISRUPTION TO THE SCHEDULE

The Contractor shall notify the COR at any time when there is or may be a disruption of any type which would delay any deliveries under the schedule. Such notification shall be provided to the COR by telephone, as soon as the situation is known to the Contractor, and shall be followed up in writing to both the COR and Contracting Officer within five (5) days.

H.7 RELEASE OF INFORMATION-PUBLICATIONS BY CONTRACTOR PERSONNEL

The Federal Bureau of Investigation (FBI) specifically requires that Contractor shall not divulge, publish, or disclose information or produce material acquired as or derived from the performance of their duties. For purposes of this clause, "Information" shall include but not be limited to: in any media or all media including on the web or web sites; publication, studies, books, these , photographs, films or public announcements, press releases describing any part of the subject matter of this contract or any phase of any program hereunder, except to the extent such is: (i.) already known to the contractor prior to the commencement of the contract (ii.) required by law, regulation, subpoena or government or judicial order to be disclosed, including the Freedom of Information Act. 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/coauthor any publication derived from this contract.

H.8 CONTRACT MINIMUM AND MAXIMUM

H.8.1. The minimum award amount guaranteed each contractor under this indefinite delivery/ indefinite quantity type contract is $2,000.00. There is no minimum guarantee for each base/option period. The minimum guarantee may be satisfied an any time during the IDIQ period of performance.

H.8.2. The maximum total dollar value under this indefinite delivery/indefinite quantity contract is $4,900,000.00. This maximum applies to the potential five year term of the contracts and is the aggregate of all awarded contracts under this solicitation.

H.9 FBI 52.218-1000 (PGD-07-12) MAINTAINING CONTRACTOR PERFORMANCE DURING A PANDEMIC OR OTHER EMERGENCY

"Continuing Contract Performance During a Pandemic Influenza or other National Emergency

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

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

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

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option. Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency. Establish communication processes to notify employees of activation of this plan.

Integrate pandemic health crisis response expectations into telework agreements.

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

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

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."

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

BUSINESS SUBCONTRACTORS

(End of Clause)

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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 products and commercial services:

[Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

XX (10) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

XX (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (12) [Reserved].

__ (13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (14) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (15) [Reserved] __ (16) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (17) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (18) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).

__ (19) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (20) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (21) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (22) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

__ (24) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (25) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (26) 52.219-30, Notice of Set-Aside…