RFP C007238-2____ FY12 Camera Equipment Solicitation - Final.doc

FEDERAL BUREAU OF INVESTIGATION

REQUEST FOR QUOTE: RFQ-C007238-2

GSB Camera Equipment

935 Pennsylvania Ave, N.W.

ADVANCE \X 246.5

Room 8504

Washington, DC 20535

ADVANCE \X 246.5

May 16, 2012

ALL OFFERORS:

RE:

FEDERAL BUREAU OF INVESTIGATION (FBI)

REQUEST FOR Proposal (RFP) – C007238-2

Mobile Surveillance/ Camera Equipment Dear Sir/Madame:

This Solicitation replaces RFP C007238. The FBI hereby solicits your proposal to satisfy the requirements as set forth on the attached Standard Form 1449. This request for proposal is being released on the open market as a Firm-Fixed Price, Indefinite Delivery and Indefinite Quantity (IDIQ) contract for the purchase of the camera and mobile surveillance equipment listed in attachment A.

SCHEDULE: See Federal Business Opportunities Notice

Any questions regarding this RFP shall be submitted in writing to John.McDonald@ic.fbi.gov by the deadline specified on the FBO.gov notice. Under no circumstances are you to contact other FBI employees regarding this RFQ. Doing so could jeopardize your company’s continued participation in this procurement. The Contracting Officer’s Representative(COR) and his/her employees have been instructed not to answer any questions regarding this solicitation.

Please review the attached RFQ-C007238-2 and submit all necessary documentation in accordance with the instructions within by the deadline on the Federal Business Opportunities Website posting.

Your participation in this procurement is greatly appreciated. Should you have any questions concerning this acquisition, please contact me or via e-mail at John.McDonald@ic.fbi.gov.

ADVANCE \X 246.5Sincerely, ADVANCE \X 246.5John R. McDonald ADVANCE \X 246.5Contract Specialist

Finance Division

Enclosures (5)

Standard Form 1449

Attachment A: Item List and Pricing Attachment B: Delivery Order Attachment C: RESERVED Attachment D: RESERVED Attachment E: Alternative Item List

Table of Contents

SUPPLIES OR SERVICES AND PRICE/COSTS

41.1

INTRODUCTION

41.2

PRICES PROPOSED

DESCRIPTION/SPECIFICATION/WORK STATEMENT

42.1

INTRODUCTION

52.2

OBJECTIVE

52.3

SCOPE

52.4

SPECIFICATIONS

52.212-4 TERMS AND CONDITIONS - COMMERCIAL ITEMS

53.1

CLAUSES INCORPORATED BY REFERENCE

53.2

ADDENDUM TO 52.212-4 TERMS AND CONDITIONS - COMMERCIAL ITEMS

53.2.1 ORDERING (the following language has been added to 52.216-18) – Orders:

53.2.2

DELIVERY

63.2.3

CONTRACT ADMINISTRATION

63.2.4

TERM AND TYPE OF CONTRACT

63.2.5

TECHNOLOGY ENHANCEMENT

73.2.6

NOTICE TO THE GOVERNMENT OF DELAYS

73.2.7

TECHNICAL POINT OF CONTACT

73.3

CLAUSES IN FULL TEXT

CLAUSE 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (April 2012)

PROVISION 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

165.1

CLAUSES INCORPORATED BY REFERENCE

165.2

175.3

ADDENDUM TO PROVISION 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

PROVISION 52.212-2 EVALUATION – COMMERCIAL ITEMS

186.1

PROVISIONS INCORPORATED BY REFERENCE

186.2

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS:

186.2.1

EVALUATION FACTORS

196.2.2

EVALUATION PROCEDURES:

196.2.3

OPTIONS

196.2.4

AWARD

1 SUPPLIES OR SERVICES AND PRICE/COSTS

1.1 INTRODUCTION

The Contractor shall provide the camera equipment listed in Attachment A: Item List and Pricing in accordance with FAR Part 12, Commercial Items, of the Federal Acquisition Regulation (FAR).

The Government anticipates the award of a Firm-Fixed price, Indefinite Delivery/ Indefinite Quantity (IDIQ) type contract resulting from this solicitation. This type of contract provides for the furnishing of an indefinite quantity of fixed-price camera and mobile surveillance equipment from the date of award of this contract for 12 months with four, one-year option periods. Each option period begins on the anniversary date of the contract award.

Obligation of funds and specific quantities will be ordered through individual delivery orders. The FBI reserves the right to make multiple awards based on this synopsis/ solicitation, providing the offeror meets all requirements listed in the solicitation.

The first delivery order will be issued with the solicitation and will be awarded along with the award of the IDIQ.

1.2 PRICES PROPOSED

The FBI solicits your proposal for the purchase of the camera equipment listed in attachment A.

Base Year/ Delivery Order 1 Prices:

The items and quantities in Attachment A are the items and quantities to be awarded under the 1st delivery order of this contract. The prices proposed shall be valid for 365 days after the effective date of the contract for any additional delivery orders within the first option year. The contractor is advised that if quantity discounts are being proposed that the discounts being offered for the first delivery order will also apply throughout the first option year.

Option Year Prices:

Option year prices will be negotiated prior to exercising the option year unless the Government awards multiple contracts and price negotiation is unnecessary due to price competition between contract awardees.

2 DESCRIPTION/SPECIFICATION/WORK STATEMENT

2.1 INTRODUCTION

The Ground Surveillance Branch (GSB), Critical Incident Response Group (CIRG), provides surveillance support to all facets of FBI investigative activities, with a priority on protecting the U.S. from terrorist attacks and foreign intelligence operations and espionage. To prevent acts of terrorism and foreign espionage, surveillance of suspects is crucial and fundamental to the Bureau’s investigative and intelligence collection efforts.

2.2 OBJECTIVE

The objective is to immediately replace the GSB’s obsolete and broken camera equipment and to put in place a contract that will provide for all of the GSB’s future camera equipment needs.

2.3 SCOPE

The scope of this procurement shall cover a variety of camera and camcorder equipment and accessories including digital cameras, various lenses, video camcorders, binoculars, monoculars, carrying cases, various media cards and other accessories. The FBI requires the exact makes and models listed in Attachment A, but may upgrade or add additional equipment in accordance with the technology refresh clause in paragraph 4.2 of this solicitation.

2.4 SPECIFICATIONS

Please see Attachment A for a list of the solicited items. All of the items listed must come with the standard manufacture’s warranty.

3 52.212-4 TERMS AND CONDITIONS - COMMERCIAL ITEMS

3.1 CLAUSES INCORPORATED BY REFERENCE

Clause 52.212-4 TERMS AND CONDITIONSCOMMERCIAL ITEMS, has been incorporated by reference in addition to the following clauses:

52.204-7

CENTRAL CONTRACTOR REGISTRATION (FEB 2012)

52.216‑18 ORDERING (Oct 1995)

52.217-6

OPTION FOR INCREASED QUANTITY

52.217‑9

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.232-18

AVAILABILITY OF FUNDS (APR 1984)

52.232‑19

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMATION (MAY 1999)

52.232-37

MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999)

52.233-3

PROTEST AFTER AWARD (AUG 1996)

3.2 ADDENDUM TO 52.212-4 TERMS AND CONDITIONS - COMMERCIAL ITEMS

3.2.1 ORDERING (the following language has been added to 52.216-18) – Orders:

Delivery orders under this contract will be solicited exclusively from Contract Awardees. After a requirement is identified, the Contracting officer will email a delivery order/ RFQ document to the contractor requesting equipment currently under contract or equipment that can be added to the contract in accordance with the technology enhancement clause. The Delivery order will specify the shipping location and schedule for the delivery order. All orders under this contract will be competed between all contract awardees unless extenuating circumstances prohibit competition. If such circumstances exist, the justification against competition will be documented by the Contracting Officer.

3.2.2

DELIVERY

ACCEPTANCE: Acceptance of the equipment shall be 30 days after-receipt-of-order (ARO).

LOCATION: Unless otherwise specified in the delivery order, items shall be shipped to the FBI Academy, CIRG-Aquia, Attn: XXXXX, Quantico, VA 22135. The attention line will be completed after contract award.

3.2.3 CONTRACT ADMINISTRATION

The Contracting Officer of record is:

Federal Bureau of Investigation

Attn: Mr. Porter Dunn Room 6823

J. Edgar Hoover Building

Telephone: 202.324.2505

E-mail: Porter.Dunn@ic.fbi.gov

The Administrative Contract Specialist of record is:

Attn: Mr. John R. McDonald

J. Edgar Hoover Building

935 Pennsylvania Ave., N.W.

Room 6833

Washington, D.C. 20535

Telephone: 202.324.5673

E-mail: John.McDonold@ic.fbi.gov

3.2.4 TERM AND TYPE OF CONTRACT

The term of this contract shall be for a base period of one year with four, one-year renewable options from the date of award. Options are subject to the availability of FBI authorized funding, Contracting Officer approval and contract modification.

The type of contract shall be a Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ), Delivery Order type contract. The FBI reserves the right to make multiple awards based on this synopsis/ solicitation, providing the offeror meets all requirements listed in the solicitation. The total combined ceiling for all of the contracts awarded will be $15,000,000 over the 5 year life of the contract and the minimum order over for all combined contracts over the life of the contract will be $1,000,000.

The first delivery order will be issued with the solicitation and will be awarded along with the award of the IDIQ.

3.2.5 TECHNOLOGY ENHANCEMENT

During the life of these contracts, new products may become available as a result of enhancements and new technologies, not available at the time of award, that offer significant advantages to the Government in terms of economy, efficiency, quality, and mission effectiveness. It is the Government’s best interest to take advantage of such technology in a disciplined manner consistent with law, regulation, and its valid requirements. Technology Enhancement Change Proposals (TECPs) submitted under this contract for replacement of obsolete technology may be accepted by the Government at its option. Each individual price for item(s) offered in the TECP will be negotiated on an individual basis and upon acceptance will be incorporated into the contract.

All technology enhancement changes/ additions to the contract item list (attachment A) may be implemented via a unilateral modification requiring only the signature of the Government Contracting Officer/ Contract Specialist. From the effective date above, all changes to the item list proposed by the Government may be e-mailed to the vendor and will be in full force and affect upon receipt of a confirmation/acceptance e-mail from the vendor to the Contracting Officer/ Contract Specialist.

3.2.6 NOTICE TO THE GOVERNMENT OF DELAYS

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

3.2.7 TECHNICAL POINT OF CONTACT

(a) TO BE DETERMINED AT TIME OF AWARD is hereby designated to act as the Technical Point of Contact (TPOC) under this contract.

(b) The TPOC 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 TPOC 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.

3.3 CLAUSES IN FULL TEXT

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):

INTERNET: www.ACQNET.gov/far

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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Mr. Porter Dunn Head of the Contracting Activity

Room 6823

Telephone: 202.324.2505

E-mail: Porter.Dunn@ic.fbi.gov

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

2852.233‑70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE

(JAN 1998) (JUSTICE ACQUISITION REGULATION CLAUSE)

(a) The following definitions apply in this provision:

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

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

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

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

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

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(a)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of this Protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for many officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension unless over‑ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

52.244-6 Subcontracts for Commercial Items.

Subcontracts for Commercial Items (Dec 2010)

(a) Definitions. As used in this clause—

“Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212(a));

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

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

(viii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64).

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

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(End of clause)

4 CLAUSE 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (April 2012)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Apr 2012)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(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:

[Contracting Officer check as appropriate.]

_XX_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (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.)

_XX_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_XX_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

_XX_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

__ (12)(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).

__ (13)(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.

_XX_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_XX_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_XX_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_XX_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_XX_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_XX_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_XX_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_XX_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_XX_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_XX_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Mar 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Mar 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (Mar 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_XX_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

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

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

5 PROVISION 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

5.1 CLAUSES INCORPORATED BY REFERENCE

Clause 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS has been incorporated by reference in addition to the following clauses:

52.202-1 DEFINITIONS (Jan 2012)

5.2

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

COMMERCIAL ITEMS

A completed copy of the Representations and Certifications shall be provided with submission of proposal. The clause can be found at www.acqnet.gov

RESTRICTION ON DISCLOSURE AND USE OF DATA

Contractors who include in their proposals or quotations data that they do not want disclosed to the public for any purpose or used by the Government except for evaluation purposes, shall(

(a) Mark the title page with the following legend:

"This proposal or quotation includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed‑‑in whole or in part‑‑for any purpose other than to evaluate this proposal or quotation. If, however, a contract is awarded to this offeror or quoter as a result of‑‑or in connection with‑‑the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets];" and

(b) Mark each sheet of data it wishes to restrict with the following legend:

"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation."

5.3

ADDENDUM TO PROVISION 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

All questions regarding this solicitation and any suggestion for technology refresh or replacement items are due in accordance with the schedule in the FedBizOpps posting notice.

The FBI will not reimburse recipients of this solicitation for any costs incurred in preparing a proposal. Prior to the preparation of your proposal, please read all instructions contained herein.

The proposals shall be submitted to the electronic submission portal located on the Federal Business Opportunities website notice for this requirement. Submissions are due no later than the date on the FedBizOpps posting notice. Proposals shall contain the following documents attached separately in Microsoft Office 2007 compatible format:

Capability Statement: The offeror shall provide a synopsis of the company’s abilities relating to the RFP to include the following information: Company name, address, telephone number, a point of contact with email address, Federal Cage Code, Data Universal Numbering System (DUNS) Number, and business size. This document shall also address the offeror’s financial stability and shall specifically define the vendors approach to ensuring that all orders are fulfilled in their entirety and on time without the need for Government financing or delays in schedule. This document is not to exceed three pages. Offerors shall also provide a current copy of their representations Previous Contract List: The offeror shall provide a list of up to three previous contracts with the Federal Government over the past five years of similar size and scope. This list shall include a Point-of-Contact, their telephone number, and the contract numbers (if applicable). If for any reason an offeror cannot provide any past performance information, please submit a written explanation not to exceed 1 page.

Representations and Certifications: Offerors shall provide a PDF copy of their representations and certifications in accordance with FAR clause 52.212-3.

Pricing Data (Attachment A): The Offeror shall complete and email the pricing data sheet included in Attachment A of this solicitation to the email address above. Instructions for filling out this form are provided on the pricing data sheet.

MODIFY:

52.212-1(c)

Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation after issuance of this solicitation.

PROVISION 52.212-2 EVALUATION – COMMERCIAL ITEMS

6.1 PROVISIONS INCORPORATED BY REFERENCE

FAR Provision 52.212-2 Evaluation – Commercial Items is incorporated by reference in addition to the following provisions:

52.217-3 Evaluation Exclusive of Options.

6.2 ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS:

The Government intends to award a contract resulting from this solicitation to the responsible offeror or offerors whose proposal is technically acceptable, low price. The evaluation of this RFP will be in accordance with Part 12 of the FAR.

You are advised to closely read the evaluation criteria set forth in this section prior to preparation of a technical proposal. If any documentation requested in this solicitation is not provided or is incomplete, the offeror will be disqualified from further participation in the procurement.

Award may be made without discussions. If discussions are conducted, they will occur at the time and place designated by the FBI. If requested a revised final proposal shall reflect the Offeror’s final proposal revisions regarding technical and price.

6.2.1 EVALUATION FACTORS

This contract will be awarded to the lowest price bidder that is technically acceptable and receives a passing rating for past performance and compliance.

Source selection will be based on the evaluation of the vendor’s technical capability, past performance, security, and price. The most important factor will be price as all other factors are rated on a pass/fail basis.

Price Evaluation Factor: The evaluated price will be the total price for delivery order 1, which is equal to the sum of the subtotal price for each line item given the quantities requested in attachment A. The price evaluation will determine whether each Offeror’s proposed prices are realistic, complete, and reasonable. Some of the items included on the contract are not required for delivery order 1. As a result, the prices of these items will not be used in calculating the evaluation price for contract award. However, the Government will perform a price reasonableness analysis on these items and any pricing found to be unreasonable will be considered a lack of understanding of the requirement and may result in a failing rating for the technical evaluation factor and disqualification from the procurement.

Technical Evaluation Factor: The technical factor will be evaluated on a pass/ fail basis. Offerors will be rated technically acceptable if, and only if the vendor can provide all of the items listed in Attachment A (or the alternatives in attachment E); unless there are no offerors that can provide all of the items requested, in which case, the Government may make partial awards to multiple vendors to ensure that all requirements are met.

In addition, offerors must demonstrate in their capability statement that they have the financial means to fulfill large orders with short delivery times as required by the contract. The Government will not provide progress payments or Government financing. Failure to demonstrate this financial stability will result in a failing technical evaluation rating.

Past Performance: The past performance factor will be evaluated on a pass/fail basis and will be based on business relations and timeliness of performance.

Compliance: Compliance will be evaluated on a pass/fail basis. Offerors must accept and comply with all required terms and conditions in this solicitation/ contract in order to receive a passing rating.

6.2.2 EVALUATION PROCEDURES:

The Government will award one or more contracts to the lowest priced technically acceptable offerors. The FBI reserves the right to make multiple awards to the lowest bidders if it is in the best interest of the Government. The FBI also reserves the right to make partial awards if it is necessary to fulfill the entire requirement.

6.2.3 OPTIONS

The Government does not require option year pricing, nor will option year pricing be evaluated if provided.

6.2.4 AWARD

A written notice of award of acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) 18a. PAYMENT WILL BE MADE BY

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, &30

1. REQUISITION NUMBER

PAGE 1 OF

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE

DATE

07/13/12

8. OFFER DUE DATE/

LOCAL TIME

b. TELEPHONE NUMBER (No collect calls)

4. ORDER NUMBER

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE

DATE

7. FOR SOLICITATION INFORMATION CALL:

a. NAME

9. ISSUED BY

10. THIS ACQUISITION IS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13b. RATING

14. METHOD OF SOLICITATION

15. DELIVER TO

17a. CONTRACTOR/

OFFEROR

16. ADMINISTERED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

22.

UNIT

21.

QUANTITY

24.

AMOUNT

23.

UNIT PRICE

26. TOTAL AWARD AMOUNT (For Govt Use Only)

25. ACCOUNTING AND APPROPRIATION DATA

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE __________________________ OFFER

DATED _______________________. YOUR OFFER ON SOLICITATION (BLOCK

5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

30c. DATE SIGNED

31C. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE

32c. DATE

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

CODE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41c. DATE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL

FINAL

36. PAYMENT

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

39. S/R VOUCHER NUMBER

42d. TOTAL CONTAINERS

40. PAID BY

AUTHORIZED FOR LOCAL REPRODUCTION

SEE REVERSE FOR OMB CONTROL NUMBER AND

PAPERWORK BURDEN STATEMENT

STANDARD FORM 1449 (10-95)

Prescribed by GSA - FAR (48 CFR) 53.212

FACILITY

x

UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

SMALL DISADV. BUSINESS

8(A)

NAICS:

SIZE STANDARD:

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RFQ

IFB

X

RFP

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

SEE ADDENDUM

(Attach Additional Sheets as Necessary)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

ARE

ARE NOT ATTACHED

X X

RECEIVED

INSPECTED

ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

COMPLETE

PARTIAL

FINAL

C007238-2

935 Pennsylvania Ave., N.W.

Room 6833

Washington, D.C. 25350

John R. McDonald

See FBO notice

202.324.5673

423410

100 empl.

As requested within 1st delivery order

J.Edgar Hoover Building, Attn: John R. McDonald

Room 8504, Washington, DC 20535

U.S. Department of Treasury

Washington, D.C.

ALL OFFERORS

SEE ATTACHED