2017_Subscriber_Repair_BPA.docx

U.S. Department of Justice Federal Bureau of Investigation

TO: All Offerors

SUBJECT: Request for Quote (RFQ) RSDU0001232 Blanket Purchase Agreement (BPA)

The Federal Bureau of Investigation (FBI) invites you to submit a quote for repairs and upgrades to the FBI’s land mobile radio subscriber equipment currently used in all of its 56 field offices. All of the equipment is manufactured by Motorola Solutions, Inc., and spans several model generations. FBI radio communications consist of hybrid and specialty components proprietary to Motorola required to communicate with the LMR infrastructure. The FBI seeks to award a Blanket Purchase Agreement (BPA) for the required services. Your quotation shall be in accordance with the attached requirements.

A draft BPA is attached for review purposes only.

The anticipated period of performance is from the date of award through 12 months for the base, and four (4) one-year option periods.

Please review the attached requirements for repairs to the FBI’s land mobile radio infrastructure equipment and submit your quote by November 15, at 10:00am, EST.

Interested parties are responsible for monitoring this website to ensure they have the most up-to-date information about this acquisition.

Sincerely,

A. Scope of Requirement

The Federal Bureau of Investigation (FBI) seeks to establish a Blanket Purchase Agreement (BPA) for the repair and upgrade of its radio subscriber equipment spanning several generations. FBI radio communications consist of hybrid and specialty components proprietary to Motorola Solutions, Inc. required to communicate with the Land Mobile Radio System (LMRS). This equipment is used throughout the FBI’s 56 field offices. The Motorola equipment for repairs and upgrades includes, but is not limited to:

B. Requirements

1. The Contractor shall have the ability and facilities to repair and add firmware/software options to the FBI’s nationwide inventory of thousands of individual mobile, portable, and desktop radios including but not limited to the above-mentioned equipment. Firmware/software options should include any and all available to the radio model in need of upgrade.

2. All repairs must be covered by a 90-day parts and labor warranty.

3. The Contractor’s factory, shop and depot-level service repair facilities shall have the appropriate Motorola Solutions, Inc., licensing and Motorola Solutions, Inc., firmware/software upgrade licensing/tools to perform to the full range of FBI equipment requiring service.

4. The Contractor’s factory, shop and depot-level service repairs to the FBI owned Motorola Solutions, Inc., equipment shall be performed by Motorola certified technicians, ensuring that the repaired equipment is operating to manufacturer specifications, before returning the equipment to the FBI.

5. The Contractor’s repairs made to FBI-owned Motorola Solutions, Inc., equipment shall be Motorola certified ensuring that Motorola Solutions, Inc. will continue to provide support upgrades, honor out of warranty repairs, and honor any equipment recalls for which Motorola Solutions, Inc., is responsible.

6. The Contractor’s factory, shop and depot-level service facilities shall repair and return FBI equipment within 5 business days from the date the repair facility receives the defective equipment to reduce the FBI’s systems downtime, or the contractor shall provide operational standby equipment if the defective equipment cannot be repaired and returned within the 5 day limit.

7. Perform calibrations to radio equipment after the radio equipment is repaired. Calibration documentation shall be provided with the returned radio equipment.

8. The Contractor’s repair factory, shop and depot-level service facilities shall be able to readily replace any hardware or software failures, including equipment chassis replacements and FRU replacements, in the event of equipment damage due to any manmade or natural causes, including, but not limited to, accidents, water or surface water (storm) damage, and electrical damages.

9. Firm Fixed Prices shall be quoted per equipment listed below. The list is only a sample of the type of equipment that the contractor shall repair under the BPA. It is not inclusive of all the equipment.

10. All prices shall exclude sales tax and any other taxes.

11. Prices quoted shall be F. O. B. Destination.

XTS 4000 Portable Radio

KVL 3000 Plus Key Loader

XTS 5000 Portable Radio

DEK Box for mobile radios

O3/O5 Mobile Radio Control Heads

APX 6000 Portable Radio

APX 7000 Portable Radio

APX 7500 Mobile Radio

APX 7500 Desktop Radio

XTL 5000 Mobile Radio

XTL 5000 Desktop Radio

Vertex VX-829 Portable Radio

PDR 3500 Portable Repeater

MCD 5000 Deskset unit

MCD 5000 Radio Gateway Unit

KVL 4000 Key Loader

FEDERAL BUREAU OF INVESTIGATION

BLANKET PURCHASE AGREEMENT

For the Blanket Purchase Agreement (BPA) ___________________, agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY with _______________________________of the Operational Technology Division (OTD) of the Federal Bureau of Investigation (FBI).

1. The following contract services can be ordered under this BPA. All order placed against this BPA are subject to the following terms.

SERVICES: Repairs and Upgrades to Motorola FBI-owned Motorola Solutions, Inc., Subscriber Equipment

2. Delivery: Delivery shall be to the FBI field office requesting services.

3. The ordering activity estimates, but does not guarantee, that the volume of purchases through this agreement will be $225,000.00.

4. Amount of Agreement: The total amount of purchase under this agreement shall not exceed the amount shown in the original order.

5. Modifications: Additions or deletions to this list will be furnished to the Contractor as necessary by a modification to this agreement.

6. Period of Agreement: The period of this agreement shall become effective on the date shown on the purchase order and continue until _____________ of the current fiscal year unless otherwise noted.

7. Authorized Buyer: The following office is hereby authorized to place orders under this BPA:

8. Order Placement: Orders will be placed against this BPA via telephone, facsimile or email.

9. Extent of Obligation: The Government will be obligated only to the extent of authorized purchases actually made under this BPA by authorized personnel.

10. Required Documentation: Unless otherwise agreed to, all items serviced under this BPA shall be accompanied by documentation that contains, as a minimum, the following information:

a) Name of Contractor:__________

b) BPA Number:________________

c) Call Number:________________

d) Quantity, Unit Price and extensions of each item, less applicable discounts (unit price and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information)

e) Date of service_______________

f) Description of item serviced____________

g) Address of office requiring service______________

11. Invoice Requirements: To ensure the maintenance of sufficient documentation supporting invoice payments, the FBI requires a proper invoice consisting of the following correct information with each payment request:

a) Vendor name

b) Invoice date

c) FBI purchase order number or other authorization for delivery of goods and or services

d) Invoice number, account number or other identifying number

e) Description (including, for example, contract line/subline number), price and quantity of goods and services rendered

f) Shipping and payment terms as established by purchase order, contract or other authorization

g) Taxpayer Identification Number (TIN)

h) Vendor Registration in the System for Award Management (SAM) as required by Federal Acquisition Regulation (FAR) 52.204-7 (July 2013) with Banking Information sufficient to facilitate payment fully completed

i) Vendor contract name, title, telephone number and email address

j) Other substantiating documentation or information required by the purchase order, contract or other authorization

k) All invoices are to be submitted to the following e-mail address: central_invoices@ic.fbi.gov.

Please note that each item of information above must be included with every invoice or payment request submitted to the FBI. The FBI will return as improper any invoice that does not contain each element of required information. Prompt payment penalties, if due, are calculated from the date of receipt of a proper invoice. If the FBI must return an invoice because it lacks an element of required information, the payment due date will be calculated from the date a proper invoice is received.

Questions regarding your contract administration, including invoicing and payment related requests should be directed to your FBI Contracting Officer as designated on your FBI purchase order, contract, or other authorizing document.

12. Pricing: The pricing charged to the Government shall be lower than those on the most current price list due to quantities ordered, in addition to any discounts for prompt payment. Prices will be confirmed by ordering personnel prior to placing orders under this agreement. Prices may be obtained orally from the Contractor or from current price lists.

13. The terms and conditions included in this BPA apply to all services requested pursuant to it. In the event of an inconsistency between the provisions of the BPA and the Contractor’s invoice, the provisions of this BPA will take precedence.

Terms and Conditions

The solicitation documentation and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2005-72, Effective January 30, 2014.

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): www.arnet.gov/far OR www.far.npr.gov/references/policyletters

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations Representation (May 2011) 52.212-4 Contract Terms and Conditions – Commercial Items (Sept 2013)

b) Add to (o) Warranty:

Warranty terms must be returned with the proposal. Conditions of an extended warranty on all required equipment and related services provided will be considered by the FBI during evaluations.

Clauses Incorporated in Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Jan 2014)

(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.] __ (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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (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).

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

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

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

X (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, 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).

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

__ (12) 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).

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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.

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

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21)(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.

__ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (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.)

__ (37)(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.)

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(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.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

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

X (42)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 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, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 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).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 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)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 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 (Jul 2013) (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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(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 (AUG 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 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.

(xv) 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.

(End of clause) Provisions Incorporated by Full Text Inverted Domestic Corporations

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

The Contractor under this solicitation warrants that:

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

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

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

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

2852.233-70 Protests Filed Directly with The Department of Justice ( Jan 1998)

(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(d) (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 the 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 agency 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.

(End of Provision)

Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (Jan 2012)

(a) In accordance with sections 543 and 544 of Title Y, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L. 112-55), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation

(1) convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or,

(2) with an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance the offeror/contractor represents that-

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

(2) the offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information.

(End of provision) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications (Dec 2012) 52.212-2 Evaluation—Commercial Items Jan 1999

Add the following to (a):

The following factors will be used to evaluate offers:

Lowest Price Technically Acceptable.

(End of Provision)

52.212-3 Offeror Representations and Certifications — Commercial Items (Nov 2013)

(Please note: all offerors and prospective contractors must be registered with the Online Representations and Certifications Applications (ORCA) website at http://orca.bpn.gov or must provide a completed copy of 52.212-3 with their quotation)

52.212-1 Instructions to Offerors – Commercial Items (Jul 2013)

Add to (b) (2):

(12) Quotes shall be submitted by email to Laurie L. Williams, Contracting Officer, and are due Eastern, via email, to: laurie.williams@ic.fbi.gov. Quotes shall be clearly marked . Offerors are hereby notified that if their quotes are not received by the date, time and location specified in this announcement, it will not be considered by the agency. Telephone request will not be considered. The awardee shall be registered in the System for Award Management (SAM) databases prior to receiving an award. Information concerning SAM requirements may be accessed at http://www.sam.gov or by calling the GSA Federal Service Desk at 1-866-606-8220.

Add to (b) (3):

l. Phone calls will not be accepted.

Add to (b) (6):

1. The offeror shall quote Firm Fixed Prices per piece of equipment/board/unit in the list price on page 3.

2. All prices shall exclude sales tax and any other taxes.

3. Prices quoted shall be F. O. B. Destination.

4. Offerors are instructed to address the requirements and criteria in Section B, Items 1 through 9, and C 1 through 3.

Commitment

The Contracting Officer, Laurie L. Williams, is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed procurement. Any other commitment, either explicit or implied, is invalid.

No oral statement of any person, Government or Contractor, shall modify or otherwise affect the terms, conditions, or specifications stated in this contract. All modifications of the contract must be made in writing by the CO.

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