RFQ-Liquid Sampling Containers.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

Date: 05/22/2026 To: Interested Vendors From: Federal Bureau of Investigation Subject: Request for Quotation

Solicitation Number: PR-26-001901 – Laboratory Liquid Sampling Containers

The Federal Bureau of Investigation (FBI), Procurement Section, is soliciting qualified offerors for the award of a one-time, firm-fixed-price (FFP) contract for the procurement of brand-name only laboratory bottles and vials to support the collection, transportation, and analysis of hazardous materials including a variety of chemical and biological threats.

This solicitation is conducted in accordance with FAR Part 12 and FAR Part 13 procedures and is issued as a 100% Small Business Set-Aside under FAR 19.502-2. All deliveries shall be made Freight on Board (FOB) Destination to Fredericksburg, VA. 22406. Full address available to awardee.

NAICS: 334516 – Analytical Laboratory Instrument Manufacturing PSC Code: 6640 – Laboratory Equipment and Supplies

Contractors interested in competing for this effort may participate by submitting quotes in accordance with the procedures outlined in this RFQ. The Government reserves the right to terminate the RFQ at any time during the validity period.

Quotes shall be valid for 30 days after the closing date of the solicitation.

Disclaimer: All costs associated with responding to this RFQ will be solely on the responding party’s expense.

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

1.0 GENERAL INFORMATION

This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes as the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

Interested parties are responsible for monitoring this posting to ensure they have the most current information regarding this requirement. Partial quotes will not be considered, and no partial awards will be made.

This solicitation is issued as a Request for Quotation (RFQ) and is being conducted as a total small business set‑aside in accordance with FAR 19.502‑2. Only quotes submitted by contractors that qualify as small business concerns under the applicable NAICS code will be considered for award. Offerors must be registered in SAM.gov as an active small business at the time of quotation submission.

The Government intends to award a single firm‑fixed‑price purchase order as a result of this RFQ. This RFQ document and incorporated provisions and clauses are those in effect through the Revolutionary FAR Overhaul (RFO). Interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this acquisition.

2.0 SUPPLIES AND SERVICES

Vendors shall provide quotations for the exact brand-name items identified below. No substitutions or equivalent products will be accepted. The required brand-name items are:

• Nalgene Square Wide Mouth HDPE Bottles, 175 mL, 38 mm closure

• I-Chem 40 mL Clear VOA Glass Vials with Closed-Top Cap and PTFE septa, Processed Level

• Corning PYREX Wide Mouth Reusable Media Storage Bottles in 250 mL, 500 mL, 750 mL, 1 L, and 2 L sizes with one-piece polypropylene GL45 caps

2.1 SPECIFICATIONS

Nalgene Square Wide Mouth HDPE Bottles, 175 mL, 38 mm Closure

Manufacturer: Thermo Scientific (Nalgene) Description: High-density polyethylene (HDPE) square laboratory bottle designed for chemical storage and sample handling.

Required Specifications

• Volume: 175 mL

• Material: High-density polyethylene (HDPE), laboratory-grade

• Shape: Square geometry

• Mouth/Closure: 38mm wide-mouth threaded closure

• Leakproof Rating: Must meet Nalgene leakproof test standards

• Chemical Compatibility: Suitable for aqueous solutions, buffers, and general laboratory reagents

• Dimensional Requirements:

▪ Height = 106mm

▪ Diameter of neck = 51mm

▪ Diameter of inner neck = 28mm

• Temperature Range: Must support typical laboratory storage conditions (ambient to refrigerated)

• Compliance: Manufactured under Thermo Scientific/Nalgene quality standards

I-Chem 40 mL Clear VOA Glass Vials with Closed-Top Cap, Processed Level 2

Manufacturer: Thermo Scientific (I-Chem) Description: EPA-compliant volatile organic analysis (VOA) vials that have been processed according to EPA standards for VOA background levels and PTFE/silicone septa.

Required Specifications

• Volume: 40 mL

• Material: Type I clear borosilicate glass

• Cap Type: Closed-top polypropylene cap with bonded PTFE/silicone septum

• Dimension Requirements:

▪ Height = 95mm

▪ Outer Diameter = 28mm

• Processing Level: Processed Level 2, EPA cleaning process

• Packaging: Pre-cleaned, lot-segregated, and shrink-wrapped trays

• Use Case: Suitable for containing VOCs sampling and forensic workflows

Corning PYREX Wide Mouth Reusable Media Storage Bottles

Manufacturer: Corning Description: Type I, Class A borosilicate glass media bottles with GL45 wide-mouth threaded closure.

Required Sizes

• 250 mL

• 500 mL

• 750 mL

• 1 L

• 2 L

Required Specifications (All Sizes)

• Material: PYREX Type I, Class A borosilicate glass

• Mouth/Thread: GL45 wide-mouth threaded opening

• Closure: Must include matching GL45 polypropylene cap

• Dimensional Standard: Must comply with ISO 4796-1

• Thermal Performance:

o Validated for repeated autoclave cycles o High thermal shock resistance consistent with PYREX formulation

• Wall Thickness: Uniform, heavy-duty construction for durability

• Graduations: Permanent, chemical-resistant markings

• Use Case: Suitable for media preparation, storage, sterilization, and general laboratory use

3.0 EVALUATION METHOD AND CRITERIA

The Government will evaluate quotations in accordance with FAR 13.106-2(b) using a Lowest-Priced, Technically Acceptable (LPTA) source selection methodology. Award will be made to the responsible small business whose quotation:

1. Meets all technical requirements,

2. Is submitted by an eligible small business concern, and

3. Offers the lowest total evaluated price among all technically acceptable quotations.

The following evaluation factors will be used to determine technical acceptability (Pass/Fail):

1. A quotation will be rated Technically Acceptable if it meets all of the following:

• Provides all required brand-name items exactly as specified in the solicitation. No substitutions or equivalents will be accepted.

• Confirms the vendor is an authorized distributor of Nalgene, I-Chem, and Corning PYREX products.

• Meets all delivery requirements, including FOB Destination to Fredericksburg, VA. 22406.

• Includes all required documentation, certifications, and representations.

• Demonstrates the ability to meet the required processed level for I-Chem VOA vials.

Quotations that fail to meet any technical requirement will be deemed Unacceptable and will not be considered for award.

2. Small Business Eligibility (Pass/Fail) Because this acquisition is a total small business set-aside, the offeror must:

• Be registered and active in SAM.gov at the time of quotation submission.

• Be certified as a small business under the applicable NAICS code.

Quotations submitted by firms that do not qualify as small businesses will be ineligible for award.

3. Price Evaluation (Lowest Price) Price will be evaluated for:

• Total evaluated price for all line items (no partial quotes permitted)

• Reasonableness, consistent with FAR 13.106-3

• Completeness and compliance with the RFQ pricing instructions

Among all technically acceptable quotations from eligible small businesses, the Government will select the lowest-priced quotation for award.

Award will be made to the lowest-priced, technically acceptable small business whose quotation meets all requirements of this solicitation. No tradeoffs will be made between price and non-price factors.

4.0 CONTRACT LINE-ITEM NUMBER (CLIN) STRUCTURE

The CLIN structure for this contract shall be as stated below. Please do not include pricing on the below chart. Contractors shall submit a quote using their company’s standard quote application/letterhead.

Line Item No. Mfr. Description No. of Cases

Qty. Per Case

Unit Price Total Price

1 2114-0006 Thermo Fisher Scientific

Nalgene Square Wide-Mouth HDPE Bottles with Closure, 175mL capacity, 38mm closure size

23 72

2 C236-0040 Thermo Fisher Scientific

I-Chem 40mL Processed Clear VOA Glass Vials with Closed- Top Cap

23 72

3 1395-250 Corning Incorporated

250mL Corning PYREX Reusable Media Storage Bottles, Wide Mouth, orange polypropylene plug seal GL45 threaded cap with a drip-free pouring ring.

89 10

4 1395-500 Corning Incorporated

500mL Corning PYREX Reusable Media Storage Bottles, Wide Mouth, orange polypropylene plug seal GL45 threaded cap with a drip-free pouring ring.

89 10

5 1395-750 Corning Incorporated

750mL Corning PYREX Reusable Media Storage Bottles, Wide Mouth, orange polypropylene plug seal GL45 threaded cap with a drip-free pouring ring.

12 10

6 1395-1L Corning Incorporated

1L (1000 mL) Corning PYREX Reusable Media Storage Bottles, Wide Mouth, orange polypropylene plug seal GL45 threaded cap with a drip-free pouring ring.

9 10

7 1395-2L Corning Incorporated

2L (2000 mL) Corning PYREX Reusable Media Storage Bottles, Wide Mouth, orange polypropylene plug seal GL45 threaded cap with a drip-free pouring ring.

6 10

5.0 SHIPPING & DELIVERY REQUIERMENTS

All shipping associated with this contract shall be FOB destination to Fredericksburg, VA. 22406 and included in the contractor’s quote. Address will be given to awardee upon award.

6.0 QUOTATION REQUIREMENTS

Contractor shall provide the following:

• All quotes shall be firm-fixed-price.

• Contractors shall use their own company generated quotation o Contractors shall include the following in quotation: Solicitation Number, Quotation No., Tax ID No., NAICS Code, UEI No., Point of Contact with email and telephone information.

• Offers shall be valid for 30 calendar days from the closing of this posting.

• Delivery timeframe after Receipt of Order (ARO) shall be listed on the quotation. Delivery shall be made within 45 days after award.

• All products must be brand-new, factory-sealed, and free from defects.

• Contractor must be an authorized distributor for Nalgene, I-Chem, and Corning PYREX products. An authorized reseller letter shall be included with quotation.

• All items must be delivered FOB Destination to: Fredericksburg, VA. 22406

• Partial shipments or partial substitutions are not permitted.

• All items must include manufacturer documentation, including COAs where applicable.

By submitting a quote to this RFQ, you agree to all terms and conditions listed in this RFQ. All

RFQ terms and conditions trump any information listed on the vendors quote.

7.0 SUBMISSION OF QUOTATIONS

Quotes and any accompanying information shall be submitted via email to the attention of Contract Officer Adelle Bolton, albolton@fbi.gov, no later than 05:00 PM ET on June 2, 2026.

Quotes/offers sent by other means will not be considered. Offerors are hereby notified that quotations received after the date and time specified above will not be considered.

8.0 INVOICING REQUIREMENTS

All invoices shall be submitted through the electronic invoicing system, the Invoice Processing Platform (IPP). Contractor shall be registered in IPP. To learn more about IPP, please visit IPP.gov.

9.0 PROVISIONS AND CLAUSES

The following Federal Acquisition Regulation (FAR) and Justice Acquisition Regulation (JAR) clauses are incorporated by reference and apply to this acquisition. Offerors are responsible for reviewing the full text of each clause at acquisition.gov to ensure full understanding and compliance.

These clauses are incorporated with the same force and effect as if provided in full text. The Contracting Officer will make the complete text of any incorporated clause available upon request.

General FAR Provisions

• FAR 52.202-1, Definitions

• FAR 52.203-17, Contractor Employee Whistleblower Rights

• FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements—Representation

• FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements

• FAR 52.204-7, System for Award Management

• FAR 52.204-13, System for Award Management Maintenance

• FAR 52.204-19, Incorporation by Reference of Representations and Certifications

• FAR 52.207-4, Economic Purchase Quantity—Supplies

• FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation

• FAR 52.209-6, Protecting the Government’s Interest When Subcontracting With Debarred or

Suspended Contractors

• FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

• FAR 52.209-11, Representation Regarding Tax Liability or Felony Conviction

Core Supply-Contract Clauses (Commercial)

• FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services

• FAR 52.212-2, Evaluation—Commercial Products and Commercial Services mailto:albolton@fbi.gov

• FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services

Small Business Clauses

• FAR 52.219-1, Small Business Program Representations

• FAR 52.219-6, Notice of Total Small Business Set-Aside

• FAR 52.219-28, Post-Award Small Business Program Representation

Option-Related Clauses

• FAR 52.217-6, Option for Increased Quantity

• FAR 52.217-7, Option for Increased Quantity—Separately Priced Line Item

• FAR 52.217-9, Option to Extend the Term of the Contract

Labor, Ethics, and Human Rights Clauses

• FAR 52.222-3, Convict Labor

• FAR 52.222-19, Child Labor—Cooperation with Authorities

• FAR 52.222-36, Equal Opportunity for Workers with Disabilities

• FAR 52.222-40, Notification of Employee Rights Under the NLRA

• FAR 52.222-50, Combating Trafficking in Persons

Environmental & Sustainability Clauses

• FAR 52.223-4, Recovered Material Certification

• FAR 52.223-23, Sustainable Products (or Sustainable Products and Services, Deviation FEB 2025)

Buy American & Trade Clauses

• FAR 52.225-1, Buy American—Supplies

• FAR 52.225-2, Buy American Certificate

Payment, Legal, and Administrative Clauses

• FAR 52.232-1, Payments

• FAR 52.232-8, Discounts for Prompt Payment

• FAR 52.232-11, Extras

• FAR 52.232-33, Payment by EFT—SAM

• FAR 52.232-39, Unenforceability of Unauthorized Obligations

• FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

• FAR 52.233-3, Protest After Award

• FAR 52.233-4, Applicable Law for Breach of Contract Claim

Security Clauses

• FAR 52.240-90, Security Prohibitions and Exclusions Representations and Certifications

• FAR 52.240-91, Security Prohibitions and Exclusions

Quality Assurance & Delivery Clauses

• FAR 52.243-1, Changes—Fixed Price

• FAR 52.244-6, Subcontracts for Commercial Items

• FAR 52.246-2, Inspection of Supplies—Fixed Price

• FAR 52.246-16, Responsibility for Supplies

• FAR 52.247-34, F.O.B. Destination

Termination & Administrative Clauses

• FAR 52.249-1, Termination for Convenience of the Government (Fixed Price)

• FAR 52.252-1, Solicitation Provisions Incorporated by Reference

DOJ / JAR Clauses

• JAR 2852.212-4, Contract Terms and Conditions, Commercial Items (FAR Deviation)

The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far

DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse- Solicitation (DEVIATION 2015-02) (March 2015) None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of clause)

Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability – Solicitation (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department’s current Appropriations 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 under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

2) 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, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By submitting a response to this solicitation, the offeror represents that, as of the date of this offer –

1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

2) the offeror is not a corporation that has any unpaid Federal or State 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.

(End of clause)

FBI-0019 Minimizing Acquisition Security Risks in Deliveries (Sep 2020) Contractors shall diligently count and examine all goods tendered for shipment, and receipt for them from foreign suppliers prior to shipment to the Federal Government. Orders issued by the awardee to foreign entity suppliers may NOT directly ship supplies to the Federal Bureau of Investigation. Final delivery of goods shall be completed from the awardee’s domestic offices and supply centers to the FBI.

The contractor shall ensure that orders do not mention the words “Federal Bureau of Investigation” or the acronym

“FBI” in any shipping instructions provided to the foreign entity supplier. The addressee shall be identified as “United

States Government” or “United States Department of Justice” or, as directed by the Contracting Officer, an entity identifier with no reference to the Government.

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

These precautions with respect to shipping labels and addresses pertain to the delivery of supplies to a facility owned, leased, or controlled by the U.S. Government.

Contractors should price their offers to include and accommodate any costs generated by these shipping arrangements. Offerors should make full disclosure in their offers as to how they intend to implement the shipping and delivery supplies in accordance with restrictions cited above.

(End of clause)

FBI-0023 Federal Bureau of Investigation Electronic Invoicing Requirement (Jul 2024) The Federal Bureau of Investigation (FBI) requires vendors to submit a proper invoice and supporting documentation electronically through the Invoice Processing Platform (IPP). IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service (Treasury) 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.

Invoice Submission Vendors are required to create and submit electronic invoices using the IPP system. All supporting documentation shall be uploaded into the IPP system.

Invoices must be submitted at least monthly but no more than bi-weekly. Final invoices must be submitted 30 days after the end date of the period of performance.

Invoices submitted by email will not be accepted. This requirement applies immediately upon contract award. For contract-specific questions, please contact the contracting officer.

Obtaining IPP Access

If your company has already enrolled in IPP: You will not be required to re-register. Please contact your company's IPP account administrator so that he/she may add you as an additional user to your company's IPP collector account.

If your company has NOT enrolled in IPP: Your company will be auto enrolled for IPP using information from your SAM account. Your company's Primary Electronic Business Point of Contact (POC) will be designated as an IPP administrator. This POC will be contacted by email to register when the FBI initiates the enrollment process through IPP. To prevent enrollment delays, please ensure your designated Electronic Business POC in sam.gov is up to date.

Your company's IPP administrator 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.

How to register for IPP:

1. Once FBI Initiates the enrollment process, your company's designated Electronic Business POC in sam.gov will receive two emails from IPP Customer Support (noreply@mail.eroc.twai.gov). The first email contains the initial administrative IPP User ID. The second email, sent with 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.

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 mailto:(noreply@mail.eroc.twai.gov capabilities ranging from creating and submitting an invoice to setting up email notifications.

Additional Support

IPP Customer Support Team is available Monday through Friday from 8:00 am to 6:00 pm EST. Phone: (866) 973- 3131 or email: IPPCustomerSupport@fiscal.treasury.gov For answers to frequently asked questions, visit the Vendor FAQ page on the gov web site.

(End of clause)

FBI-0027 Prohibition on Using a Covered Application (No TikTok on Government Devices Act June 2023)

(a) Definitions:

TikTok (covered application): The social networking service TikTok or any successor application or service of TikTok developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology (IT): As defined in 40 U.S.C. § 11101(6) and this definition reaches not only IT owned or operated by agencies, but also IT “used by a contractor under a contract with the executive agency that requires the use of that IT, whether expressly or “to a significant extent in the performance of a service or the furnishing of a product.”

(b) The Consolidated Appropriations Act, 2023, enacted the No TikTok on Government Devices Act (“the Act”), which requires the removal of TikTok from all Federal information technology. All contractors are required to remove TikTok from Federal information technology.

(c) All contractors are required to:

i. Identify the use or presence of a covered application on information technology;

ii. Remove and disallow installations of a covered application on IT owned or operated by agencies, except in cases of approved exceptions; and,

iii. Prohibit internet traffic from IT owned by agencies to a covered application, except in cases of approved exceptions.

(d) Exceptions:

The Consolidated Appropriations Act, 2023 permits limited exceptions for law enforcement activities, national security interests and activities, and security research. Exceptions must be granted by an agency head or designee of the agency head.

(e) Notifications

i. Contractors shall immediately notify the Contracting Officer if the use or presence of a covered application on federal information technology is found.

ii. Contractors may request in writing an exception. Such actions shall be submitted in writing to the

Contracting Officer for HCA approval.

FBI-0029 Public release of Information (Oct 2024)

The FBI requires that contractors shall not divulge, publish, or disclose information or produce material related to the contract award, or acquired in or derived from the performance of their duties without prior written consent of the FBI.

For purposes of this Clause, "Information" shall include but not be limited to any or all written or spoken language or recordings made public, including: web sites or social media platforms, including X (formerly Twitter), Instagram, TikTok, etc.; publications, studies, books, and theses; photographs and videos/films;

and public announcements and press releases describing any part of the subject matter of this contract or any phase of any program hereunder, except to the extent such information is:

1) already known to the Contractor prior to the commencement of the contract; or

2) required by law, regulation, subpoena or government or judicial order to be mailto:IPPCustomerSupport@fiscal.treasury.gov 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/or the Contracting Officer of the FBI. Information should be sent to: [insert C contracting Officer’s email here]. The FBI will make every effort to review proposed publications in a timely manner. Public disclosure of information without prior FBI approval could result in financial penalties or a termination for default of the contract.

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

These obligations do not cease upon completion of the contract.

(End of clause)

FBI-0030 Organizational Conflict of Interest

(a) Purpose: The purpose of this clause is to ensure that:

i. The Contractor is rendering impartial assistance and advice to the Government at all times under this contract and related Government contracts;

ii. The Contractor’s objectivity in performing work under this contract or related Government contracts is not impaired;

and

iii. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public Government information, or by virtue of its access to proprietary information belonging to others.

(b) Scope: The Organizational Conflict of Interest (OCI) rules, procedures and responsibilities described in FAR 9.5 “Organizational and Consultant Conflicts of Interest”, FAR 3.101-1 “Standards of Conduct – General, and in this clause are applicable to the prime Contractor (including any affiliates and successors-in-interest), as well as any co-sponsor, joint-venture partner, consultant, subcontractor or other entity participating in the performance of this contract. The Contractor shall flow this clause down to all subcontracts, consulting agreements, teaming agreements, or other such arrangements which have OCI concerns, while modifying the terms "contract", "Contractor", and "Contracting Officer" as appropriate to preserve the Government's rights.

(c) Access to and Use of Nonpublic Information: If in performance of this contract the contractor obtains access to nonpublic information such as plans, policies, reports, studies, financial plans, or data which has not been released or otherwise made available to the public, the Contractor agrees it shall not use such information for any private purpose or release such information without prior written approval from the Contracting Officer.

(d) Access to and Protection of Proprietary Information: The Contractor agrees to exercise due diligence to protect proprietary information from misuse or unauthorized disclosure in accordance with FAR 9.505-4. The Contractor may be requested to enter into a written non-disclosure agreement with a third party asserting proprietary restrictions, if required in the performance of the contract.

(e) In accordance with FAR 3.101-1, the Contractor shall also take all appropriate measures to prevent the existence of conflicting roles that might bias the Contractor’s judgement, give the Contractor an unfair competitive advantage, and deprive the FBI of objective advice or assistance that can result from hiring former Government employees. (See Health Net Fed. Svcs, B-401652.3).

(f) OCI Disclosures: The Contractor shall disclose to the Contracting Officer all facts relevant to the existence of an actual or potential OCI, prior to award and any time after award. In the proposal submission, contractors must certify that they have not participated in the development of the solicitation in any capacity and must provide a list of any former

FBI employees. OCI Disclosures after award must address any listed in this clause or FAR 9.5. This disclosure shall include a description of the OCI and the action the Contractor has taken or plans to take to avoid, neutralize or mitigate the

OCI.

(g) Remedies and Waiver:

i. If the contractor fails to comply with any requirements of FAR 9.5, FAR 3.101-1, or this clause, the Government may terminate this contract for default, disqualify the Contractor from subsequent related contractual efforts if necessary to neutralize a resulting organizational conflict of interest, and/or pursue other remedies permitted by law or this contract. If the Contractor discovers and promptly reports an actual or potential OCI subsequent to contract award, the Contracting Officer may terminate this contract for convenience if such termination is deemed to be in the best interest of the Government or take other appropriate actions.

ii. The parties recognize that the requirements of this clause may continue to impact the contractor after contract performance is completed, and that it is impossible to foresee all future impacts. Accordingly, the Contractor may at any time seek an OCI waiver from the FBI Head of Contracting by submitting a written waiver request to the Contracting Officer. Any such request shall include a full description of the OCI and detailed rationale for the OCI waiver.

FBI- 0033 Legal Holidays, Government Dismissals and Closures, and Furlough (JAN 2025) Definitions:

Compensated personal absence means any absence from work for reasons such as illness, vacation, holidays, jury duty, military training, or personal activities for which an employer pays compensation directly to an employee in accordance with a plan or custom of the employer. Fringe benefits are allowances and services provided by the contractor to its employees as compensation in addition to regular wages and salaries. Fringe benefits include, but are not limited to, the cost of vacations, sick leave, holidays, military leave, employee insurance, and supplemental unemployment benefit plans. Except as provided otherwise in FAR subpart 31.2, the costs of fringe benefits are allowable to the extent that they are reasonable and are required by law, employer-employee agreement, or an established policy of the contractor.

Furlough is the placing of a contract on a temporary hold because of lack of work or funds. In the event that funds are not available through an appropriations law or continuing resolution, a “shutdown” furlough occurs. A shutdown furlough is necessary when an agency no longer has the necessary funds to operate and must shut down those activities which are not excepted pursuant to the Anti-deficiency Act (31 U.S.C. 1341-1342). Holiday means any calendar day designated as a holiday by Federal Statute, Executive Order, or Presidential Proclamation. Hours Worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.

Holidays

(1) The United States Government observes the following days as holidays:

• New Year's Day (January 1).

• Birthday of Martin Luther King, Jr. (Third Monday in January).

• Washington's Birthday (Third Monday in February).

• Memorial Day (Last Monday in May).

• Juneteenth National Independence Day (June 19).

• Independence Day (July 4).

• Labor Day (First Monday in September).

• Columbus Day (Second Monday in October).

• Veterans Day (November 11).

• Thanksgiving Day (Fourth Thursday in November).

• Christmas Day (December 25).

(2) 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 an Executive Order

• Any other day designated by the President's Proclamation

(3) When New Year's Day, Juneteenth National Independence Day, Independence Day, Veterans Day or Christmas Day falls on a Sunday, the following Monday is observed; when it falls on Saturday, the preceding Friday is observed.

(4) Observance of holidays by Government personnel shall not be cause for additional period of performance of the contract.

(5) Observance of holidays by Government personnel shall not be cause for additional compensation and are not considered hours worked by the contractor. If the contractor's employee(s) work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost to this contract. Contractors are not authorized to “make up” hours worked to compensate for observance of holidays. Compensated personal absences from work for reasons such as illness, vacation, holidays, jury duty, military training, or personal activities are absences for which an employer pays compensation directly to an employee in accordance with an employer plan or customary practices of the employer. These benefits are generally a matter of agreement between an employer and an employee (or the employee's representative).

If the contractor is required to work for mission critical requirements, the contractor will be notified by the Contracting Officer to perform work on the holiday and the work will be recognized as hours work and will be an allowable charge to the contract. Government Dismissals and Closures The FBI may issue a dismissal for closure of the government offices during emergencies, severe weather conditions, natural disasters, and other incidents or hazards that cause disruptions to Federal Government operations. When the FBI issues a dismissal to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. For the continuity of operations, contractor personnel are required to telework at an approved alternative worksite unless the contract does not allow telework. In those instances where telework is not allowed, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled and shall be guided by the instructions issued by the Contracting Officer or his/her duly authorized Contracting Officer Representative. Firm Fixed Price contract deductions For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows:

(1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.

If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided.

Furlough: In the event the Government goes into furlough status, the Contracting Officer will provide notification to the Contractor to either 1) continue work or 2) that the Contractor is in a furlough status and should cease work until authorized to continue. The notification from the Contracting Officer will not be provided to the contractor until the next business day following the government furlough status, no prior notifications will occur. If the contractor is authorized to continue work, the contractor is only authorized to continue work until such point that the period of performance of the contract has expired or all funding has been expended. The contractor is not authorized to perform services when funding is not available.

Contractors are not authorized to work during a furlough unless specifically directed to work by the Contracting Officer.

Administrative Leave – Excusable Delays

If administrative leave is granted to contractor personnel as a result of conditions stipulated in any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractor's accounting policy.

(End of Clause)

System for Award Management (SAM) Requirement Ensure your firm is registered in System for Award Management (SAM.gov) - All vendors shall be registered in SAM, effective July 29, 2012, to receive government contracts. The FBI utilizes a financial system that has a direct interface with SAM. If any current FBI vendor data conflicts with SAM Data, the information contained in SAM may override our current information. Please ensure that your company’s SAM information is updated and accurate.

This includes TIN, EFT, UEI, addresses, and contact information. The EFT banking information on file in SAM will be what the FBI uses to process payment to your organization. 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.

10.0 REQUIERMENTS FOR PROCUREMENT OF CRITICAL ASSETS

Every effort shall be made to ensure that supplies are provided and integrated, and services are performed using sound security components, practices, and procedures. Acquisition of supplies or services from concerns under Foreign Ownership, Control, or Influence (FOCI) or of supplies developed, manufactured, maintained, or modified by concerns under FOCI (any or all of which shall be referred to herein as “Use of FOCI Source”) is of serious concern and must be approved prior to contract award. Approval decisions will be made on a case-by-case basis after the source or technology has been identified by the Offeror and subjected to a risk assessment. The risk assessment process will vary depending on the acquisition type and proposed use of a FOCI source, available risk mitigation measures, and the information/justification provided by the Offeror.

Any Offeror responding to this Request for Proposal (RFP), Request for Quotation (RFQ), or Sealed Bid acknowledges the Government’s requirements to secure services or equipment from firms which are not under Foreign Ownership, control, or Influence (FOCI), or where any FOCI, in the opinion of the Government, adversely impacts National Security or security requirements. The Offeror understands and agrees that the Government retains the right to reject any response to this RFP, RFQ, or Sealed Bid made by the Offeror, without any further resource by or explanation to the Offeror, if the FOCI for that Offeror is determined by the Government to be an unacceptable security risk.

Risk assessments will be on a case-by-case basis and will be used to determine whether the use of a FOCI source poses an unacceptable security risk. If an unacceptable security risk is determined, the Government retains the right to reject the use of a FOCI source or to require that certain risk mitigation measures be taken by the Offeror. Similarly, the Government retains the unilateral right to approve the use of a FOCI source when the risk assessment indicates that such use would be in the Government’s best interest. If the use of a FOCI source is not approved, no classified information will be disclosed to the Offeror as part of the

Government’s rationale for non-approval. The offeror (prime and subs) may not seek reimbursement from the Government for any costs associated with responding to this RFP, RFQ, or Sealed Bid, as a result of a FOCI non approval decision.

11.0 POINTS OF CONTACT

Adelle Bolton, Enterprise Contracting Officer National Acquisition Programs Unit (NAPU) Finance & Facilities Division, Procurement Section albolton@fbi.gov mailto:albolton@fbi.gov