Combined_RFQ_0010143_Interview_Room.pdf

RFQ 0010143

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

FAR Subpart 12.6. This procurement will utilize Far Part 15 procedures. This solicitation is a Total

Small Business Set Aside. The solicitation number is RFQ0010143 and is issued as a Request for Quote

(RFQ). This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular FAC 2005-89. The associated North American Industrial Classification

System (NAICS) code for this procurement is 334310.

The Federal Bureau of Investigation requests open market pricing for an Interview Recording

Management Solution and Portable Interview Recording Management Solution. Offerors need to only provide quotes for the solution they want to be considered for. This procurement will include installation, training, engineering services and maintenance services to be provided in Quantico, VA, Manassas, VA and Baltimore, MD.

In order to be considered for an award the technology proposed for IRMS and PIRS must be currently available. Pricing for this contract shall consist of unit prices and hourly rates for the CLIN’s specified below and proposed labor categories for any services which the contractor deems necessary to provide any possible engineering or maintenance services described in the statement of work. For all efforts, any travel necessary to support the effort shall be identified and broken out separately. Travel shall be identified and is intended to be awarded as a “not to exceed amount.”

Schedule of Supplies and Services:

Portable Interview Recording System in accordance with Statement of Work:

*24 months of Maintenance and support is included.

*All deliverables are included in the price.

Grand Total:___________________

CLIN Description Quantity Unit Cost Total Cost

0001 Portable Interview

Recording System

Optional -0001a Shipping

U.S. Department of Justice

Federal Bureau of Investigation

Interview Room Management System Installation in accordance with the Statement of Work.:

*24 months of Maintenance and support is included.

*All deliverables are included in the installation price

Grand Total:___________________

Training in accordance with 3.6 of the Statement of Work:

Grand Total: ___________________

TIME AND MATERIAL CLINS:

This Contract may utilize a Time and Materials type pricing model for engineering services. T&M CLINs are intended for engineering service type efforts. The government and Contractor shall agree to a ceiling for each effort. This ceiling shall be approved by the CO prior to start of any work. Any services performed without the authorization of the CO or in excess of a previously approved ceiling are conducted at the risk of the Contractor.

For the purposes of evaluation and establishing a baseline for consideration under this Contract, T&M rates shall be provided for the government’s review. Rates shall be segregated and identified per labor category. Price information per labor category shall identify: fully loaded or multiple factor rates as well as the detailed composition of these rates, including profit, to enable the government to review how the offeror arrived at the T&M factor. Below is a sample format. The Offeror may utilize any format readily available provided that the types of information listed above are identified.

CLIN Location Number of

Interview

Rooms

Unit Cost Total Cost TRAVEL Not-To-

Exceed

0002 VSU NOVA IT&E 1

0003 Manassas (WF – NVRA) 5

0004 Baltimore (BA) 8

CLIN Description Quantity Unit Unit Cost Total Cost

0015 Train the Trainer Class Room

Training - IRMS

1-20 People EA

0016 Train the Trainer Class Room

Training - PIRS

1-20 People EA

Optional -0017 Training Class Room 1-10 People EA

Optional-0018 Train the Trainer 1-20 People EA

Optional-0019 Administrator Training 1-10 People EA

Optional-0020 End User Training 1-10 People EA

Optional-0021 Technical Support

Optional-0022 Computer Based Training (Includes all types of training)

Unlimited Use JOB

Optional-0023 Virtual Academy Computer Based

Training

Unlimited Use JOB

Engineering Services in accordance with 3.7.1 in the Statement of Work:

Please propose Not-To-Exceed hours

CLIN Description Hours Cost Total Cost

0019 Engineering Services - IRMS

0020 Engineering Services - PIRS

Equipment:

The contractor may propose quantity discounts in addition to the breakout identified below:

OPTIONAL: Interview Recording Management System Equipment

CLIN Description/Features Unit Quantity Discount

1-9 10-25 26-50 51-

Interview Recording Management

System Equipment Ea.

*Proposed additional equipment and components

OPTIONAL: Portable Interview Recording System

CLIN Description/Features Unit Quantity Discount

1-9 10-25 26-50 51-

Portable Interview Recording

System and Equipment Ea.

Optional Site Locations:

The Government reserves the right to award option items as they deem necessary and prudent to the

Government. Optional site locations include installation and equipment. Travel will be quoted as Not To

Exceed for that specific location. All travel will be in accordance with the Federal Travel Regulations.

CLIN Location Rooms Unit Cost Total Cost Program

Management

Travel NTE Total Cost of

Installation

0023 Chicago FO 8

0024 North RA 1

0025 West RA 2

0026 South RA 1

0027 Rockford 1

0028 ORD RA 1

0029 St. Louis FO 6

0030 Kirksville 1

0031 Rolla 1

0032 Cape Girardeau 1

0033 Tampa FO 2

0034 Brevard 1

0035 Ft. Myers 1

0036 Lakeland 1

0037 Orlando 1

0038 Pinellas 1

0039 Sarasota 1

0040 Panama Express

South Strike Force

0041 Charlotte FO 3

0042 Asheville 1

0043 Greensboro 2

0044 Raleigh 3

0045 Fayetteville 2

0046 Wilmington 2

0047 Greenville 2

0048 Norfolk FO 3

0049 Newport News 1

0050 WFO HQ 5

0051 Annapolis 3

0052 Bel Air 1

0053 Dover 1

0054 Frederick 2

0055 Rockville 4

0056 Salisbury 1

0057 Wilmington 2

*24 months of Maintenance and support is included.

*All deliverables are included in the installation price.

*FO – Field Office

*RA – Resident Office

Period of Performance:

The base period of performance for this contract is twelve (12) months from date of contract award. The contemplated contract will also include one (1) year option period that may be exercised at the sole discretion of the Government. The Government will provide a thirty (30) calendar day notice of intent before each option is to be exercised.

Delivery Requirement:

Delivery of equipment will be specifically identified on award.

Shipping:

All deliveries under this order shall be FOB destination. All items procured under this order will be delivered to individual installation locations.

NOTICE TO THE GOVERNMENT OF DELAYS

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

CONTRACT ADMINISTRATOR FOR THE GOVERNMENT

The Contracting Officer is contract shall be administered by the Contracting Officer identified below:

Lauren G. Caperton, Contracting Officer Dorothy Romo, Acquisition Support (Contractor)

Federal Bureau of Investigation Federal Bureau of Investigation

Engineering Research Facility Engineering Research Facility

Building 27958A, Room A226 Building 27958A, Room A226

Quantico, VA 22135 Quantico, VA 22135

Telephone # 703-985-3038 Telephone # 703-985-3038

Email: Lauren.Caperton@ic.fbi.gov Email: Dorothy.Romo@ic.fbi.gov

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.

mailto:Lauren.Caperton@ic.fbi.gov mailto:Dorothy.Romo@ic.fbi.gov

The COR and TPOC do NOT have the authority to and may NOT issue any technical direction which:

Constitutes an assignment of work outside the general scope of this effort;

Constitutes a change as defined in the "Changes" clause;

In any way causes an increase or decrease in the cost or the time required for performance;

Changes any of the terms, conditions, or other requirements of this effort; and

Suspends or terminates any portion of this effort.

The COR and TPOC do not have the authority to commit government funds.

2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAN 1985)

(a) Mr./Ms. _(To be completed at time of award)__ is hereby designated to act as Contracting Officer's

Representative (COR) under this contract.

(b) 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.

(c) 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 issue such changes.

TECHNICAL POINT OF CONTACT (TPOC)

The COR shall serve as a single technical point of contact for the contract and provide contract wide technical and managerial direction. A Technical Point of Contact (TPOC) may be identified for each location under the contract and serve to provide technical guidance and leadership for that effort.

Detailed or unique technical direction or approvals pertinent for each individual order shall come from the

TPOC; however, the COR remains the individual ultimately responsible for the technical aspects and decisions of the overall contract. The direction of the COR takes precedence over the TPOC.

INVOICE REQUIREMENTS

(a) The invoice should be attached to an email, and sent to the following address:

central_invoices@ic.fbi.gov

It is imperative that the invoice contains current and accurate contract information (contract/order number), otherwise 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 5pm EST (Monday-Friday) will be considered “received” that business day. Any invoice received after 5pm EST

To constitute a proper invoice, each invoice shall be annotated with the following information:

(1) Name of vendor;

(2) Invoice date;

(3)Government contract number, or other authorization for delivery of goods or services;

(4) Vendor invoice number, account number, and/or any other identifying number agreed to by contract;

(5) Time period covered for services performed (applicable to service task orders);

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

(7) For T&M requirements the vendor shall provide labor categories, names associated with the labor categories, rates, and hours must be provided. The invoice must show the productive direct labor hours/dollars for the current billing period and cumulative period.

(8) Shipping and payment terms (unless mutually agreed that this information is only required in the contract);

(9) Taxpayer Identifying Number (TIN) and Data Universal Numbering System (DUNS) Number;

(10) Receipts shall be provided for hotels, airline tickets and car rentals for any travel performed;

(11) Banking information necessary to facilitate an electronic funds transfer (EFT) payment;

(12) Contact name (where practicable), title, and telephone number;

(13) Other substantiating documentation or information required by the contract.

(b) In the event, Contractor progress or final delivery is not deemed satisfactory, the COR's report shall so indicate and recommend the required corrective actions.

Small Business Accelerated Payment

The Contractor must indicate his business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-11-32, “Accelerating Payments to

Small Businesses for Goods and Services,” dated 10/14/2011. The Prompt Payment Act still applies to this action. However, the agency will make best efforts to pay proper invoices within 15 days.

System for Award Management (SAM)

The Offeror and Awarded Contractor shall ensure its company is registered in the System for Award

Management (SAM). It is the Contractor’s responsibility to ensure that company information in SAM is current, accurate, and complete in SAM. This information includes TIN, EFT, DUNS, addresses, and contact information. The EFT banking information on file in SAM will be the information the FBI uses to processes payment with vendors doing business with the FBI.

If the Contractor does not maintain an active registration in SAM payments will be held until registration is reactivated. The FBI is not responsible for prompt payment penalties or delays in payment processing due to inaccurate or outdated information in SAM.

SECURITY AND SPECIAL REQUIREMENTS

The security officer assigned cognizance of this contract is Ms. Amy Vice. Any security questions shall be directed to Ms. Vice at (703) 985-6110.

IDENTIFICATION OF CONTRACTOR PERSONNEL

Contractor personnel shall identify themselves as contractor personnel by introducing themselves or when being introduced. Contractor personnel shall display distinguishing badges or other visible identification for meeting with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

RELEASE OF INFORMATION-PUBLICATIONS BY CONTRACTOR PERSONNEL

The Federal Bureau of Investigation (FBI) specifically requires that Contractor shall not divulge, publish, or disclose information or produce material acquired as or derived from the performance of their duties.

For purposes of this clause, "Information" shall include but not be limited to: in any media or all media including on the web or web sites; publication, studies, books, these , photographs, films or public announcements, press releases describing any part of the subject matter of this contract or any phase of any program hereunder, except to the extent such is:

(i.) already known to the contractor prior to the commencement of the contract

(ii.) required by law, regulation, subpoena or government or judicial order to be disclosed, including the Freedom of Information Act.

No release of information shall be made without the prior written consent of the Office of Public Affairs and the Contracting Officer. The contractor and author are warned that disclosure is not without potential consequences. The FBI will make every effort to review proposed publications in a timely manner to accommodate these and other publications

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

THESE OBLIGATIONS DO NOT CEASE UPON COMPLETION OF THIS CONTRACT.

DEPARTMENT OF JUSTICE RESIDENCY REQUIREMENT-AMENDMENT

Effective immediately, the Department of Justice, (DOJ) Residency Requirement is amended to apply to all DOJ contractors employed within the United States, both United States citizens and non-United States citizens. The Residency Requirement has been in effect for employees for a number of years. However, as a result of the events of September 11 and the enhanced security posture within the Department, a determination has been made to apply it to contractors. This requirement is not retroactive.

The Residency Requirement states that, for three of the five years immediately prior to applying for a position, the individual must have: 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capacity; or 3) be a dependent of a Federal or military employee serving overseas.

This requirement can be waived for short-term (those contractors performing duties for a cumulative total of 14 days or less) contractors if there is a critical need for their specialized and unique skills (for example, interpreters for rare foreign languages). These individuals must be United States citizens or

Permanent Resident Aliens. A waiver request from the Head of the Component outlining the extenuating circumstances along with the requisite contractor clearance security package should be submitted tot he

Department Security Officer for approval. Each waiver request will be reviewed and a determination made on a case-by-case basis.

Additionally, an individual, whether employee or contractor, who is not a United States citizen must be from a country allied with the United States. Since the countries on the allied countries list are subject to change, please refer to the following website for current information:

http://www.opm.gov/employ/html/citizen.htm.

DUPLICATION OF EFFORTS

The Contractor hereby certifies that costs for work to be performed under this contract and any subcontract hereunder are not duplicative of any costs charged against any other Government contract, subcontract or other Government source. The Contractor agrees to advise the Contracting Officer, in writing, of any other Government contract or subcontract it has performed or is performing which involves work directly related to the purpose of this contract. The Contractor also certifies and agrees that any and all work performed under this contract shall be directly and exclusively for the use and benefit of the Government, not incidental to any other work, pursuit, research or purpose of the Contractor, whose responsibility it will be to account for it accordingly.

WARRANTIES

Warranty terms must be returned with the proposal. Conditions of an extended warranty will be considered by the Bureau.

DJAR-PGD-08-05 CONTRACTOR CERTIFICATION OF COMPLIANCE WITH FEDERAL

TAX REQUIREMENTS

By submitting a response to a solicitation or accepting a contract award, the contractor certifies that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal

Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid

Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

INVERTED DOMESTIC CORPORATIONS

Section 743(a) 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.

NON DISCLOUSRE COMPLIANCE

The contractor is obligated to comply with all relevant clauses and provisions incorporated into this contract and with the Contractor Non Disclosure Agreement.

This contract shall be subject to immediate termination for default, without the requirement for a 10-day cure notice, when it has been determined by the CO that a failure to fully comply with the security requirements of this contract resulted from the willful misconduct or lack of good faith on the part of any one of the Contractor’s directors or officers, or on the part of any of the managers, superintendents, or equivalents of the contractor.

ORGANIZATIONAL CONFLICT OF INTEREST

(a) The Contractor and all sub-contractors warrants that, to the best of their knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest

(OCOI), as defined in the FAR Subpart 9.5, or that the Contractor and all sub-contractors have disclosed all such relevant information.

(b) Prior to commencement of any work, the Contractor and all sub-contractors agrees to notify the

Contracting Officer immediately that, to the best of their knowledge and belief, no actual or potential conflict of interest exists or to identify to the Contracting Officer any actual or potential conflict of interest the firm may have. In emergency situations, however, work may begin but notification shall be made within five (5) working days.

(c) The contractor agrees that if an actual or potential organizational conflict of interest is identified during performance, the Contractor and all sub-contractors will immediately make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the

Contractor and all sub-contractors have taken or proposes to take, after consultation with the

Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict of interest. The

Contractor shall continue performance until notified by the Contracting Officer of any contrary action to be taken.

(d) Remedies – The Federal Bureau of Investigation may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest.

(e) If the Contractor or sub-contractors are aware of an actual or potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose it or misrepresented relevant information to the Contracting Officer, the Government may disqualify the vendors quote submission prior to award or terminate the contract for default.

(f) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including the paragraph, unless otherwise authorized by the Contracting Officer.

(g) The Contractor and all sub-contractors must provide responses to below questions. This information shall be submitted as part of your Business Quote.

1. Organization charts showing the company’s corporate structure and highlight elements of the company participating in the contract.

2. Demonstrate how the elements performing the proposed effort will be isolated from the remainder of the company.

3. Describe how information, whether in hard copy or electronic media, will be stored and destroyed in order to preclude a transfer of information.

4. Describe how networks and servers will be protected to prevent unauthorized transfer of information.

5. Describe management reporting chains in sufficient detail to demonstrate that the proposed effort and decisions related to the effort will be isolated from the remainder of the company.

6. Address how your company will preclude a perception of impaired objectivity by prohibiting transfers of personnel between contracts.

7. Provide information to indicate if the organizational elements performing the proposed effort will be geographically or physically separated from the remainder of the company.

8. Describe techniques your company will employ to mitigate the perception that you will favor your own products or services.

9. Describe the process in which the government will have insight or oversight of key processes.

10. Describe any situation in which management outside the mitigated organization will have access to key decisions for which the mitigated organization is responsible.

11. Provide all documents that your employees are required to sign indicating, which employees are required and how often the requirement is.

12. Describe the process for reassigning personnel, including subcontractors, from one assignment to another, include restrictions.

13. Describe the process for employees that leave your employment and any control you exercise over their future employment, particularly as it relates to OCI and non-disclosure.

14. Describe any OCI training your employees are offered and or mandated, along with the timing

(before or after starting work on a government contract) frequency, length and content of such training.

15. Describe if your company conducts self-audits and if they will be made available to the government.

16. Describe the proposed process and timeline for submitting, and obtaining the approval by the

Contracting Officer, of the OCI Mitigation Plans for any and all subcontractors added to the contract post award that were not included in the OCI Mitigation Plans submitted as part of the contractor’s proposal.

A. Did the Offeror disclose business activities of their company, their affiliates, their team members and affiliates of their team members which create either a conflict of interest or the appearance of a conflict of interest.

B. Did the Offeror provide evidence of facts and circumstances that they believe mitigate or address concerns related to the appearance and/or presence of an OCI.

C. Did the Offeror explain their proposed approach to mitigating the effects of any apparent or actual conflicts of interest arising out of the business activities disclosed in response to A above.

CONTRACTOR SUITABILITY REQUIREMENT

Access to FBI facilities and information is subject to specific security and suitability requirements. The

FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at any time during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract. Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for continued contract performance. Failure to replace the employee may result in a no cost termination for cause by the government.

DJAR-PGD-08-03 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT - DOJ

PROCUREMENT GUIDANCE DOCUMENT (PGD) 08-03

52.203-13 Contractor Code of Business Ethics and Conduct

As prescribed in 3.1004(a), insert the following clause: Contractor Code of Business Ethics and Conduct

(Oct 2015)

(a) Definition. As used in this clause--

“Agent” means any individual, including a director, an officer, an employee, or an independent

Contractor, authorized to act on behalf of the organization.

“Full cooperation”—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors’ and investigators’ request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract.

It does not require— http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/03.htm#P637_106666

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from—

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct.

(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall—

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall—

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)

(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector

General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the

Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed—

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor’s disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by the law and regulation, such information will not be released by the

Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C.

Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive

Branch if the information relates to matters within the organization’s jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply

Schedule, or any other procurement instrument intended for use by multiple agencies, the

Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The

Contractor shall establish the following within 90 days after contract award, unless the Contracting

Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor’s standards and procedures and other aspects of the

Contractor’s business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual’s respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor’s principals and employees, and as appropriate, the Contractor’s agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall—

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor’s internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor’s code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor’s code of business ethics and conduct and special requirements of Government contracting, including—

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the

Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of

Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act

(31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the

Contractor may make the disclosure to the agency OIG and Contracting

Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies’ contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5.5 million and a performance period of more than

120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil

False Claims Act or of Federal criminal law shall be directed to the agency Office of the

Inspector General, with a copy to the Contracting Officer.

ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, to include approval by the FBI's Security Division, must be satisfied prior to access.

Contractors who will require escorted access, to include short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data

Information Form," (FD 816), a "Privacy Act of 1974 Acknowledgment Form" (FD 484) and two

Fingerprint Cards (FD 258). Completed forms should be provided to the assigned Contracting Officer's

Technical Representative (COTR) at least 10 days prior to required access.

Individuals requiring unescorted access to an FBI facility must complete the Standard Form 86 (SF-86), Questionnaire for National Security Positions, using the Office of Personnel Management’s Electronic

Questionnaires for Investigations Processing (e-QIP) and provide two Fingerprint Cards (FD 258). e-QIP is a secure website that can be accessed from any computer system which has an Internet connection.

Only the signed release forms and FD 258 will need to be mailed to the identified Chief Security Officer, the SF-86 itself will be transmitted to the FBI electronically.

To complete the SF-86 using e-QIP, the individual requiring unescorted access to the FBI facility must contact Ms. Amy Vice, Chief Security Officer, Operational Technology Division, 703-985-6110, in order to be initiated into e-QIP. Once this action has been accomplished, the individual should be able to access e-QIP at the following link in order to initiate and complete the electronic process:

http://www.opm.gov/e-qip/browser-check.asp. Thoroughly read and follow the instructions for completing the SF-86. NOTE: To fully address suitability/security issues, the FBI requires individuals to provide responses to questions on the SF-86 for the last ten years. Failure to complete the application as instructed may lead to significant delays in processing the required investigation and approval for unescorted access.

Upon logging onto e-QIP, there will be a prompt to answer three “Golden” security questions to establish the user account. After completing the electronic SF-86, please print and sign the (1) Certification

Form (CER) - Certify Completeness and Accuracy of your Investigation Request; (2) Medical Release

Form (MEL) - Authorization for Release of Medical Information; and (3) Release Form (REL) -

Authorization for Release of Information. In addition to these SF 86 release forms, the completion of a

Non-Personnel Consent to Release Information (FD-979a), the United States Department of Justice

Disclosure and Authorization Pertaining to Consumer Reports (DOJ 555) are required. Annotation of the assigned e-QIP Investigation Request Number on the upper right corner of each document transmitted to the identified Chief Security Officer is required for coordination with the electronic transmission and to facilitate the investigative process. The e-QIP Investigation Request Number, automatically generated by e-QIP, is located on both the header and footer of the signature forms. These release forms (five total) and FD 258 should be mailed via Federal Express or UPS Express mail directly to the following address: Ms. Amy Vice, Chief Security Officer, ERF-Bldg. 27958A, Room B-237, Quantico, VA 22135. The use of regular U.S. mail channels may cause significant delays in processing the unescorted access request.

Upon completion of processing the facility access request, the individual will be required to execute a non-disclosure agreement suitable for their approved access.

CONSENT TO WARRANTLESS SEARCHES OF DEPARTMENT OF JUSTICE

WORKPLACES

All cleared personnel accessing information within FBI controlled space are required to execute a FBI

Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces as a condition of working at FBI facilities. The FBI's Director implemented the Attorney General's policy subjecting employees to warrantless physical searches of their offices or immediate workplaces within

DOJ premises when authorized by the Attorney General (AG) or the Deputy Attorney General (DAG) based upon a determination that information the Department deems credible indicates that the employee:

1) is, or may be, disclosing classified information in an unauthorized manner;

2) has incurred excessive indebtedness or has acquired a level of affluence that can not be reasonably explained by other information;

3) had the capability and opportunity to disclose classified information that is believed to have been lost or compromised to a foreign power or an agent of a foreign power; or

4) has repeatedly or significantly mishandled or improperly stored classified information.

The search may extend to the entire office or workplace and anything within it that might hold classified information, including locked containers (such as briefcases) and electronic storage media (such as computer disk and handheld computers), whether owned by the government, by the employee, or by a third party. The search may be conducted by appropriate FBI personnel and/or law enforcement officers, on an announced or unannounced basis, during the workday or after hours. If discovered during a search, evidence of misconduct - whether related to storage or classified information, storage of sensitive but unclassified information, or a crime - will be collected and reported to appropriate authorities.

Contractor personnel who will meet the above criteria will be required to sign Form FD 1001, Consent for

Warrantless Searches of Department of Justice (DOJ) Workplaces (Attachment 004), upon award and forward the executed form(s) to the assigned Contracting Officer's Technical Representative designated in

Section G of the solicitation. All forms will be retained by the FBI during the period the individual is providing services and two years after that individual's departure before final disposition is taken.

Corporate Representation Regarding Felony Conviction Under Any Federal Law or

Unpaid Delinquent Tax Liability – Solicitation (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

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

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

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

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

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

(End of Provision)

Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting

Reporting of Waste, Fraud, and Abuse- Solicitation

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

(End of Provision)

FBI Procurement Risk Assessment (PRA): In addition, the required piece of equipment/software is considered a critical asset. PRIOR TO AWARD, THE INTENDED AWARDEE WILL BE REQUIRED

TO SUBMIT DOCUMENTATION TO INCLUDE ACQUISISTION RISK QUESTIONS AND A KEY

PERSONNEL LISTING. Once this information has been received it is anticipated that it will be 30-120 days before the delivery order is awarded.

CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(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 www-far.npr.gov/references/policy letters

NUMBER TITLE DATE

52.247-34 F.O.B. DESTINATION NOV 1991

52.203-3 Gratuities. APR 1984

52.203-12 Limitation on Payments to Influence OCT 2010

52.204-12 Data Universal Numbering System Number Maintenance DEC 2012

52.212-1 Instruction to Offerors - Commercial Items JUL 2013

52.212-3 Offeror Representations and Certifications-Commercial Items JUL 2013

52.212-4 Contract Terms & Conditions – Commercial Items May 2014

Alternate I

52.216-31 Time and Material/Labor Hour Proposal Requirements

Commercial Item Acquisition FEB 2007

52.217-6 Option for Increased Quantity MAR 1989

52.217-7 Option for Increased Quantity – Separately Priced

Line Item MAR 1989

52.227-1 Authorization and Consent. DEC 2007

52.229-4 Federal, State, and Local Taxes

(State and Local Adjustments) FEB 2013

52.232-9 Limitation on Withholding of Payments APR 1984

52.232-18 Availability of Funds APR 1984

52.232-22 Limitation of Funds APR 1984

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay or Work APR 1984

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES. (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the

Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

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…