RFQ - Chiller Replacement for CJIS - 08.06.2024.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

REQUEST FOR QUOTE

AIR COOLED CHILLER REPLACEMENT FOR FBI CJIS

Combined Synopsis / Solicitation for Commercial Items Version 1.1 Page 1

Section SF 1449 – Continuation Sheet

Instructions to Offerors

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023) (Addendum)

In addition to the instructions in FAR 52.212-1 – for the quotation preparation/submission instructions, the following addendum is applicable:

Instructions to Offerors

This RFQ is a total small-business set-aside with applicable NAICS Code 238220- Plumbing, Heating, and Air-Conditioning Contractors, with a corresponding Small Business Size Standard of $19 Million. Quote is due by 4:00 PM ET on August 26, 2024. The quote shall remain valid for 60 calendar days from the RFQ due date.

Questions are due by 4:00 PM ET on August 14, 2024. Offerors shall submit questions to the

Contracting Officer identified below. Verbal questions will NOT be accepted. Any correspondence shall reference “Air Cooled Chiller Replacement RFQ #15F06724Q0000231” in the subject line of your email via email to Contracting Officer, Candice Kesselman at ckesselman@fbi.gov.

Site Visit: The FBI is hosting a site visit for ALL interested companies on Tuesday, August, 13, 2024. Only two (2) individuals from each interested company shall be able to participate.

Please submit the name(s) of those interested in attending to ckesselman@fbi.gov to receive a

Site Access Request Form. All Site Access Request Forms shall be completed in full and submitted no later than 4:00 PM ET on August 9, 2024 to allow time for security personnel to processing and acceptance.

Basis of Award:

Award will be made on a competitive basis using the “lowest price, technically acceptable”

(LPTA) approach. The government will first identify the lowest priced vendor. If the lowest priced vendor’s quote is determined technically acceptable, no further evaluations will be conducted, and the award will be granted to the offeror. However, if the lowest priced vendor is not technically acceptable, the government will proceed to review the next lowest priced offeror for technical acceptability. This process will continue until both lowest price and technical acceptability is achieved. An evaluation for technical acceptability will be made to ensure satisfactory responsiveness to the requirements as set forth in this solicitation using the following criteria.

The following information must be submitted in order to be considered for award:

(1) Technical Capability Statement: Provide a 1-3 page Capability Statement describing mailto:ckesselman@fbi.gov

Combined Synopsis / Solicitation for Commercial Items Version 1.1 Page 2 how the contractor intends to meet the Governments requirements as outlined in this

RFQ, and all vendor terms, conditions, and agreements comport with applicable Federal laws, regulations, and otherwise satisfy the Government’s needs. The capability statement should not exceed three (3) pages. Additional Pages for chiller product information and pertinent licenses are required and do not count towards the 3-page limitation for the capability statement.

• Registered company name

• Unique Entity Identification

• Cage Code

• NAICS Code

• Summary description of the company

• Core Capabilities

• Description of services offered

• Authorized Contracting Representative

(2) Price Quote: Price Quote shall include the unit price for the item quoted, the extended totals, and the total order amount. Quotes may be received via the Contractors internal form. All proposed pricing details shall be included only in the Price Quote and not in any other sections of the quote. There are no page limitations for price. The Contractor shall include pricing for all items, partial pricing will not be accepted. The quote must also contain the following:

• Complete Business Mailing Address

• Contract Name, phone number, and email address

• RFQ Number

• Quote Number

• Part Number(s)

• Identification of any terms and conditions applicable to the quote that do not comply with the terms and conditions of this solicitation

• Provide pricing information to include any and all discounts

General Information:

The Government intends to establish a contract without further communicating with offerors.

Consequently, offerors are highly encouraged to quote their best technical and pricing quotes in their initial submissions. However, the Government reserves the right to communicate with any or all quotes submitting a technical and price quote if it is determined advantageous to the

Government to do so. This statement is not to be construed to mean that the Government is obligated to communicate with every offeror (note that FAR Part 15 procedures will not apply, therefore formal discussions are not applicable). An offeror may be eliminated from consideration without further communication if its technical and/or pricing quotes are not among those offerors considered most advantageous to the Government based on a lowest price technically acceptable basis.

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This RFQ in no way obligates the Government to award a contract or to reimburse a Contractor for any costs incurred in preparing the response to this RFQ. Offerors are advised to take proper steps to ensure timely submission of their quotes. It is the sole responsibility of the offeror to ensure that the electronic files submitted are virus free and can be opened and read by the

Government. If the electronic files cannot be opened, and read by the Government, the offeror shall have one business day after notification of same, to correct the deficiency. After that time, if the electronic files cannot be opened and read by the Government, the quote may be rejected and not evaluated further.

Any quote, modification, or revision, that is received after the exact time specified for receipt of quotes is “late” and may not be considered unless it is received before award is made, the

Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and there is acceptable evidence to establish that it was received at the Government installation designated for receipt of quotes and was under the Government’s control prior to the times set for receipt of quotes, or it was the only quote received.

Note: All vendors must be actively registered in https://sam.gov/ to be eligible for award.

Submission Requirements (to include administrative):

(1) The Offer (SF1449) duly executed with an original signature by an official authorized to bind the contract.

(2) Technical Capability Statement

(3) Price Quote

(4) Sign ALL amendments to this solicitation, (Amendment form(s) SF1449, if applicable

(5) “SAM Representations and Certifications” fully completed in SAM.gov, and verify that the offeror is a small-business business in the NAICS code for this requirement, which is 238210, with a corresponding Small Business Size Standard of $19 Million.

Offerors shall assume that the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the Offeror's quote. The quote shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The quote should demonstrate the Offeror's understanding of the scope of required services. The quote should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale that addresses how the Offeror intends to meet or exceed these requirements.

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Evaluation Factors:

The provision at 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV

2021), applies to this solicitation. See addendum below:

Evaluation and Contract Award

a. In accordance with FAR Subpart 13.5 (Simplified Procedures for Certain Commercial

Products and Commercial Services), award will be made on a competitive basis to the offeror who are deemed responsible in accordance with the FAR 9.1, as supplemented, whose quote conforms to the RFQ requirements as required by FAR 52.212-1, and is the

“Lowest Price Technically Acceptable. (LPTA)” Award will be made to the quote that is technically acceptable and offers the lowest price.

b. The Government will evaluate technical acceptability on an acceptable or unacceptable basis based on the below evaluation criteria. The Government will evaluate the lowest price quote. If the lowest price quote is determined to be technically acceptable and otherwise properly awardable, award will be made to that Contractor.

1. Technical Capability Statement Evaluation:

Capabilities Statement shall describe the contractor’s capability to meet the requirements outlined in the Statement of Work (SOW), attached to this

RFQ. The capability statement should not exceed two (3) pages. Additional

Pages for chiller product information and pertinent licenses are required and do not count towards the 3-page limitation for the capability statement.

Capabilities statements will be evaluated using Exhibit 1: Evaluation Table

Exhibit 1: Evaluation Table

Acceptable: The Contractor provided a capability statement that demonstrates to the Government evaluator its ability to meet the Governments needs provided in the SOW in 3 pages or less, proposed chiller meets the requirements laid out in the attached SOW and Contractor holds the required qualifications and licenses.

Unacceptable: The Contractor does not provide a capability statement that demonstrates to the Government evaluator its ability to meet the Governments need in 3 pages or less, proposed chiller does not meet the requirements laid out in the attached SOW, and Contractor does not hold the required qualifications and licenses.

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2. Price Quote Evaluation: Price will be evaluated and considered but will not be scored or combined with other aspects of the quote evaluation. The proposed prices will be analyzed for completeness and reasonableness.

Completeness means that the required information is submitted and is accurate. Reasonableness means the prices are justified through price analysis IAW FAR 15.404-1(b). The otherwise technically acceptable lowest-priced Offeror may be required to confirm/validate its price on a

Contract Line Item (CLIN), element, or total price basis, and/or provide additional information in support of their price, prior to contract award at the

Government’s request and discretion.

Statement of Work

See Attachment 1 – Service Center Chiller Replacement SOW

Clauses Incorporated by Reference

52.202-1 Definitions JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--

Commercial Products and Commercial Services NOV 2023

52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN

2020 52.222-41 Service Contract Labor Standards AUG 2018

52.222-44 Fair Labor Standards And Service Contract Labor StandardsPrice Adjustment MAY

2014 52.222-50 Combating Trafficking in Persons NOV 2021

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52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons. JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners. JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.232-33 Payment by Electronic Funds Transfer--System for Award Management OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract

Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.203-7005 Representation Relating to Compensation of Former DoD Officials SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting JAN

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services -- Representation MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism MAY 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors JAN

252.225-7048 Export-Controlled Items JUN 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or Commercial Services NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

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Clause Incorporated by Full Text:

52.212-2 Evaluation—Commercial Products and Commercial Services.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation—Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical; and (ii) Price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or 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)

All offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer.

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-12#FAR_12_301

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(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

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(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

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(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2

Combined Synopsis / Solicitation for Commercial Items Version 1.1 Page 11 terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

https://www.acquisition.gov/far/part-52#FAR_52_212_5

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(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

Questions are due by 4:00 PM ET on August 14, 2024, by emailing the Contracting Officer. This is the final request for any questions. Questions submitted after the due date will not be accepted.

This RFQ does not commit the FBI to pay any proposal preparation costs, nor does it obligate the FBI to procure or contract for these services. This request shall not be construed as authorization to proceed with or be paid for charges incurred by performing any of the work called for in this RFQ.

The quote must be signed by an official authorized to bind the firm and must have an acceptance period of not less than 30 days. All quotes and questions must be submitted to the Contracting Officer at ckesselman@fbi.gov.

Sincerely, Candice Kesselman, Contracting Officer https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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Attachments:

Attachment Attachment Name

1 Statement of Work (SOW)