RFQ__Consulting_and_Training.docx

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMEN SECTION

May 08, 2019

Subject: Request for Quote (RFQ) 0003728

The Federal Bureau of Investigation (FBI) requests your quote for training and consulting for in support to the Forensic Analysis Support Unit, Laboratory Division.

The government intends to award a Firm Fixed Price (FFP), Indefinite Delivery Indefinite Quantity (IDIQ) type contract for a one (1) twelve month base year and one (1) twelve month option year. This RFQ (Request for Quote) is being conducted as a Small Business Set-Aside acquisition.

This is a solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and 13 as supplemented with additional information included in this request.

A quote is being requested and a written solicitation will not be issued. This RFQ incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2019-02, Effective May 06, 2019. The RFQ number is 0003728 and shall be referenced on your quote.

Schedule of Events

The following Schedule of Events is included for your guidance. Although every effort will be made to strictly adhere to this schedule, the FBI reserves the right to change these dates as necessary.

Event Date

· Release of RFQ……………………………………...Wednesday, May 08, 2019

· Questions Due……………………………Wednesday, May 15, 2019, 10:00 am, Eastern

· Quote Due…...…………………...….……Wednesday, May 22, 2019, 10:00 am, Eastern

Sincerely, David L. Marmo Contracting Officer Mission Support Contracts Unit Finance Division

SF-1449

1.0 Background

The FBI Laboratory is one of the largest and most comprehensive forensic laboratories in the world, and it is the nation’s only full-service federal forensic laboratory. The mission of the FBI Laboratory is to apply scientific capabilities and technical services to the collection, processing, and exploitation of evidence for the FBI and other duly constituted law enforcement agencies in support of investigative and intelligence priorities. In support of its mission, the FBI Laboratory examines evidence free-of-charge for federal, state, and local law enforcement, and for foreign investigations as well as intelligence matters. In addition to conducting scientific analysis of physical evidence submitted for examination, the FBI Laboratory provides expert testimony in court as well as operational and technical support to FBI investigations both domestically and internationally.

The FBI Laboratory is accredited by the American National Standards Institute (ANSI)- National Accreditation Board (ANAB) to the ISO/IEC 17025:2005 - General Requirements for the Competence of Testing and Calibration Laboratories and the 2011 American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB[footnoteRef:1])-International Supplemental Requirements for the Accreditation of Forensic Science Testing Laboratories (ASCLD/LAB 2011 Supplemental). Any ANAB surveillance activities that take place after June 1, 2019, will be based on the Laboratory’s transitioned quality system under new requirements in order to maintain its accreditation with ANAB. The new requirements are: ISO/IEC 17025:2017 General Requirements for the Competence of Testing and Calibration Laboratories and ANAB Forensic Science Testing and Calibration Laboratory Accreditation Requirements (AR 3125, Rev 28 Nov 2018). [1: ]

2.0 Scope

Any sureveillance activity that occurs after June 1, 2019 will be to the new standards so the FBI will need to get quality system documents into compliance. In order to understand the new requirements, the FBI has to ensure quality system documents are revised and in compliance.

The Contractor shall provide two training courses on the ISO 17025:2017 and AR 3125 requirements. Training will cover the new requirements of ISO 17025:2017 and AR 3125 and the changes from the previous requirements (ISO 17025:2005 and ASCLD/LAB – International Supplemental Requirements). The courses will discuss the focus on risks and opportunities, changes in scope, complaints, and other aspects of quality management systems accredited to ISO 17025:2017 and AR 3125.There is currently not an anticipated need for additional courses within the base period, however pricing will be requested for additional trainings that may be needed after the initial order.

Consulting will consist of reviewing the existing management system, developing a strategy to evolve current management system “rebaseline” and transition to the new format of the ANAB Scope of Accrditation. The Contractor shall review the FBI Laboratory’s quality system documents and provide a report on where the quality system goes above the accreditation requirements, lead strategic discussions related to rebaselining the quality system, participate in discussions related to transitioning to the new format of the ANAB scope of accreditation, and review the rebaselined quality system for conformance and provide a report with feedback on that review.

2.1 Objectives

The objective of this contract is to provide training and consultation to the FBI Laboratory to ensure staff understand the ISO 17025:2017 and AR 3125 requirements and that the quality system documents are in compliance with those standards in order to maintain accreditation by ANAB. Additionally, this contract will provide for consultation for the rebaseline of the quality system.

The Department of Justice (DOJ) requires that department-run forensic laboratories obtain and maintain accreditation. The FBI Laboratory cannot have a lapse in accreditation.

3.0 Requirements/specifications

This is a non-personal services contract. The Government shall not exercise any supervision or control over contractor employees performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

Requirement is as follows:

3.1 Task Descriptions

Base Year Tasks

· ISO 17025:2017 and AR 3125 – 2-Day Training for up to 35 students per session (Expected Quantity: 2, however that number could increase or decrease based on need)

· Consultation – Base Year

Consulting will consist of reviewing the existing management system, developing a strategy to evolve current management system “rebaseline” and transition to the new format of the ANAB Scope of Accrditation. The Contractor shall review the FBI Laboratory’s quality system documents and provide a report on where the quality system goes above the accreditation requirements, lead strategic discussions related to rebaselining the quality system, participate in discussions related to transitioning to the new format of the ANAB scope of accreditation, and review the rebaselined quality system for conformance and provide a report with feedback on that review.

Option Year 1

· ISO 17025:2017 and AR 3125 – 2-Day Training for up to 35 students per session (Quantity TBD based on continued need)

· Consultation – Option Year 1 The Option Year 1 consulting will consist of the same requirements as the Base Year support, plus review the implemented changes to ensure the “rebaseline” is still continuing to meet the new standards and evaluate the acceptability of new methods and changes.

3.2 Position Qualifications

The vendor shall be proficient in training forensic laboratory personnel to the ISO 17025:2017 and AR 3125 requirements, knowledgeable of the ANAB accrediting body and the applicable accreditation program of the FBI Laboratory, and have experience in assisting laboratories transition to the new requirements as well as providing expertise on demonstrating conformance to ISO 17025:2017 and AR 3125 requirements.

4.0 Place of Performance

The primary place of performance will be at FBI facilities in the Quantico, VA.

5.0 Period of Performance

The period of performance for this effort will be as follows:

6.0 Contract Type

The Federal Bureau of Investigation (FBI) anticipates issuing a, Indefinite Delivery Indefinite Quantity (IDIQ), firm fixed price contract. The contract is for a twelve month base year and one twelve month option period. The ceiling of this contract will be $75,000 and the minimum will be $3,500.

7.0 Funding

Funds for the supplies provided will be obligated, at the task order level, as they become available, or excess funds de-obligated at the task order level, by modification to the task order contracts exercised unilaterally by the Government. The Offeror will only be paid for items that have been authorized by the Government and delivered in accordance with the contract specifications.

8.0 Hours of operation

When providing training on-site, the Contractor’s normal workday will typically be an eight work hours a day within the hours of 7:00 a.m. and 6:00 p.m. Teleconferences will occur at mutually agreeable times between the FBI Laboratory and the Contractor. Flexibility within the normal work day shall be coordinated with the Contracting Officer’s Representative (COR).

9.0 Deliverables

The Contractor shall provide reports, training and consultation as stated in 3.0 Requirements/specifications.

10.0 Government Furnished Equipment or Information

The Government will provide the Contractor assigned to this contract with the applicable materials for adequate review of the FBI Laboratory quality system. Additionally, the Government will provide the Contractor with audio visual support as necessary and allowed for providing the training on-site.

11.0 Security Requirements

Contractor Access to Government Facilities

Contractor will need access during the on-site training period (approximately 5 days total) to the FBI Laboratory at Quantico. He/she will require escort accompaniment. The Contractor will be required to sign a nondisclosure agreement. The FBI Laboratory Director, or an appointed representative, will provide security escort for the Contractor at the FBI Laboratory.

12.0 Government Representatives

12.1 Contracting Officer Representative

The COR will be identified via letter of COR delegation authority issued by the Contracting Officer (CO) for this contract. The COR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the Contractor which clarifies the contract effort, filling in details or otherwise furnishing information necessary to accomplish the SOW; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The COR does not have the authority to alter or modify the Contractor's obligations, contract terms, conditions, specifications, or cost. If as a result of technical discussions, it is in the Government’s best interest to alter/change contractual obligations or the SOW, the CO will issue such changes.

12.2 Contracting Officer

The functions inherent to this contract shall be performed by the designated Contracting Officer, per FAR Subpart 42.302, Contract Administration Functions. The duly assigned COR shall ensure all actions pertaining to this contract are requested via the Contracting Officer. Further, Contracting Officer functions performed shall be to the extent that they apply to the contract.

This contract shall be issued and administered by David L. Marmo, Contracting Officer, Professional Services Acquisition Unit (PSAU). Any questions related to the contract or any required contract documentation shall be directed to:

David L. Marmo Contracting Officer 935 Pennsylvania Ave, NW Washington, DC 20535 Email: dlmarmo@fbi.gov Phone: 703-322-5964

The Contracting Officer, 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.

The CO is the appointed authority to bind the Government to the extent of the authority delegated. Direction that will modify the scope, schedule, terms and conditions, funding, or any other action that may modify the agreement as originally entered into with the Government must be given only by the CO.

13.0 Travel

N/A

14. Contract Clauses

5 2.212-1 Instructions to Offerors – Commercial Items (Oct 2018)

Add to (b) Submission of Offers:

Submit offer electronically to: ttmiller@fbi.gov. Quotes are due Wednesday, May 22, 2019, at 10:00 am, Eastern, and shall be clearly marked RFQ 0003728. Contractor is required to submit quote using the pricing schedule, SF-1449, Attachment I.

Volume 1: Relevant Past Performance: The Offeror shall submit two examples of Revelant Past Performance in Volume # 1. Revelant Past Performance shall be submitted to include:

· Contract Number

· Price

· Name of contracting Agency

· Contracting Officer

· Contracting Officer’s e-mail address

· Description of Project/Requirement

The page limit for this section is five (5) pages.

Volume 2: Technical: The Offeror shall provide a narrative of their Technical Approach to accomplishing the requriements as described in Section 3.0. The page limit for this section is ten (10) pages.

Volume 3: Price: Offeror pricing for the base year and Option Year 1 shall be inserted in Attachment 1 Pricing Schedule, for evaluation. Price will be evaluated for completeness, reasonableness, and accuracy of proposal prices. Offeror’s that do not propose pricing for the entire two-year performance period will be determined nonresponsive and will not be considered for contract award.

· Pricing shall be provided for up to 35 personnel.

· Electronic submissions must be compatible with Microsoft Word 2007 and shall be in 12-point Times New Roman font and have 1-inch margins.

52.212-2 - Evaluation – Commercial Items (Oct 2014)

(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:

· Relevant Past Performance

· Technical

· Price

The Government will award an Indefinite Delivery Indefinite Quantity (IDIQ) resulting from this solicitation to the responsible Quoter whose quote conforms to the solicitation’s requirement and is deemed to be most advantageous to the Government. Award of this IDIQ will be made on a competitive best value basis, using “tradeoff” among price and non-price factors. Past performance and technical will be evaluated using the methodology of adjectival rating. Price will be evaluated for completeness, reasonableness and accuracy of quoted prices. Relevant past performance is more important than technical, which is more important than price. All Non-price factors are more important than the Price.

Rating Methodology The Government will evaluate Relevant Past Performance and Technical requirements based on a color coded and narrative rating system. The rating system will allow the evaluation board to identify strengths and weaknesses with each submission. The following standard color scheme will be used and illustrates to what degree the Offerors proposal meets the evaluation standards.

ADJECTIVAL

RATING

QUALITY EVALUATION DESCRIPTION

Exceptional [Blue] Quotation exceeds requirements and indicates an exceptional approach and understanding of the requirements. Risk of unsuccessful performance is very low. Strengths far outweigh any weaknesses. No deficiencies or significant weakness exist.

Acceptable [Green] Quotation meets requirements and indicates an adequate approach and understanding of the requirements. Risk of unsuccessful performance is no worse than moderate. No deficiencies noted and strengths outbalance any significant weaknesses or weaknesses that exist.

Marginal [Yellow] Quotation does not clearly meet requirements and has not demonstrated an adequate understanding of the requirements. Risk of unsuccessful performance is high. Significant weaknesses identified. Other weaknesses are not offset by strengths. Any deficiencies present are easily correctible.

Unacceptable [Red] Quotation does not meet requirements and contains one or more deficiencies. Quotation is not awardable.

Neutral [White] No relevant performance record is available or the quoter’s performance record is so sparse that no meaningful rating can be reasonably assigned. This is only relevant to Past Performance Rating evaluation.

Price Evaluation:

For evaluation purposes, the evaluated price will be calculated as the current expected training and consulting needed over the base period and one training and consulting for option year 1.

(b) 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 clause)

52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) Add to (g) Invoice: Invoice Submission Instructions

The invoice should be attached to an email, and sent to the following address: central_invoices@fbi.gov. It is imperative that the invoice contains current and accurate contract information (contract/order number), otherwise it risks being rejected.

Upon receipt of the invoice, a confirmation email will be sent back to the sending email address. At this point, the invoice is considered received, and will begin processing through the FBI’s internal payment systems.

Please note, invoices received before 5 pm EST (Monday-Friday) will be considered “received” that business day. Any invoices received after 5 pm will be considered “received” and will be entered into the invoices system on the following business day.

Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Items. (Jan 2019)

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

__(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (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.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (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).

__ (10) [Reserved].

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

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] X (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.

X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

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

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). (51) 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).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 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 (Oct 2015) (41 U.S.C. 3509).

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

Alternate II (Jan 2017). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(E) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(H) 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.

(I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(J) ___(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(K) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

(L) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

(M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(O) 52.222-59 Compliance with Labor Laws (Executive Order 13673) (OCT 2016).

Note to paragraph (e)(1)(ii)(O): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(P) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(R)(1)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(2)Alternate I (JAN 2017) of 52.224-3.

(S) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note)

(T) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(U) 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.

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 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2018 52.204-16 Commercial and Government Entity Code Reporting. JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.219-28 Post-Award Small Business Program Representation JUL 2013 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-23 Assignment of Claims MAY 2014 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 DEC 2013 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes--Fixed Price AUG 1987 52.247-34 F.O.B. Destination JAN 1991

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within any time during the contract period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $20,000;

(2) Any order for a combination of items in excess of $30,000; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within N/A days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 1-month after the end of the final period of performance.

(End of Clause)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond 2020. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

JAR 2852.201-70 Contracting Officer's Representative (COR) (Jan 1985)

Marsha Karas is hereby designated to act as Contracting Officer's Representative (COR) for the ISO/IEC 17025:2005 - General Requirements for the Competence of Testing and Calibration Laboratories and AR 3125 - Forensic Science Testing and Calibration Laboratory Accreditation Requirements training and consulting. Other CORs may be identified (per letter of COR delegation authority) per Delivery Orders awarded to FBI entities outside the aforementioned COR's area of Section responsibility.

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

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

(End of clause)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

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…