CGThehardwayrf_pdf.pdf

Operational Support Contracts Unit

RFQ-MSCU-14-3150-0013428

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Federal Bureau of Investigation

U.S. Department of Justice

REQUEST FOR QUOTE

RFQ 0216138393

TABLE OF CONTENTS

Section A SF1449 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A

Section B B. Supplies or Services and Prices/Cost Statement of Work & addendum

Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B 1- B 17

Section C Contract Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C 1- C 13

Section D Attachments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D 1 – D 6

Attachment (c) Non-Disclosure Form D (b) 6

Section E Solicitation Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E 1- E 16

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

A - STANDARD FORM (SF) 1449-INSERT

B-SUPPLIES OR SERVICES AND PRICES/COST

SECTION B-SUPPLIES OR SERVICES AND PRICES/COST

B- 1

B.1 Overview

“The Hard Way” will be a dramatic, high quality film depicting the tough choices that faces today’s youth and the harsh consequences that can result. The film follows segments in the life of a fictional teenager John Howard as he and his friends navigate the temptations and dangers of easy money and gang life. At the film’s climax, facing an act of serious consequences, John is reminded of all he is risking. He decides to reject gang life.

“The Hard Way” can be shown straight through or in segments, allowing the facilitator to engage the audience in question and answer periods. The included facilitator’s guide will ensure consistent presentations nationwide. The professional production will be filmed on location in Chicago, but the messages, themes and characters are universal so that the film can be presented across youth demographics throughout the country at FBI gang prevention outreach programs.

B.2 Objectives

The FBI requires commercial services contract for technical production staff, actors, voice talent, equipment, set design and construction, web-hosting services, and other related video production and post-production services as needed.

B.3 Pricing Proposed

B.3.1

The FBI solicits your quotation for video production of “The Hard Way” in accordance with the Statement of Work on pages 5 through 17.

B.3.2

List below (on pages B-2, B-3 and B-4), the hourly rate for a one year period of performance.. The Contractor is required to provide a fixed hourly rate, which includes wages, indirect costs (including overhead, fringe benefits and general and administrative expenses), and profit for the services specified in Section B.

B-2

No. Position Est #

Hours

Hourly rate TOTAL

1 Executive Producer

2 Producer

3 Associate Producer

4 Assistant Producer

5 Production Assistant

6 Director

7 Assistant Director

8 Writer

9 Script Supervisor

10 Casting Director

11 Actor

12 Actor - Day Player

13 Bit Player

14 Stunt Performer

15 Stand-in

16 Actor – Narrator

17 Voiceover Artist

18 Location Manager

19 Production Designer

20 Set Designer

21 Set Builder

22 Set Decorator

23 Set Dresser

24 Property Master

25 Weapons Master/Amorer

26 Director Photography

B-3 hours

Hourly rate TOTAL

27 Gaffer

28 Lighting Technician

29 Best Boy

30 Key Grip

31 Grip

32 Dolly Grip

33 Camera Operator

34 Steadicam Operator

35 Aerial Camera Operator

36 Underwater Camera

Operator

37 Editor

38 Assistant Editor

39 Sound Crew

40 Music Composer

41 Musician

42 Sound Designers

43 Sound Engineers

44 Production Sound Mixer

45 Studio Sound Mixer

46 Location Sound Mixer

47 Sound Editor

48 Assistant Sound

49 Special Effects Operator

50 Assistant Special Effects

51 Boom Operator

52 Tape Playback Operator

53 Transcriber

B-4 hours

Hourly rate TOTAL Year Three Year Four Year Five Total

54 Closed Caption Specialist 1

55 Video Engineer 1

56 Audio Engineer 1

57 Ultimatte Engineer 1

58 Avid Engineer 1

59 Uplink Engineer 1

60 Teleprompter Operator 1

61 Rotoscope Artist 1

62 Animator 1

63 CG Operator 1

64 2D CG Artist 1

65 3D CG Artist 1

66 Makeup Artist 1

67 Effects Makeup Artist 1

68 Craft Services 1

69 Transportation Captain 1

70 Driver 1

71 Floor Manager 1

Grand Total

(This total is only an estimate used for evaluation purposes.)

Total Budget : $150,000

B.4.1 STATEMENT OF WORK

SEE STATEMENT OF WORK ATTACHMENT

B-5

B.4.1 Personnel

The requirement is for work primarily in, but not limited to, the areas of technical expertise described below. Contractors shall provide fully trained personnel meeting the qualifications specified below.

Video Production Labor Category Descriptions

1. Executive Producer

Responsible for the overall production of a film, but is not directly involved in any of the technical aspects. Typically, an Executive

Producer is responsible for business, legal and financial management issues related to filmmaking. 5 years experience required.

2. Producer

Responsible for the technical creation, development, and supervision of aspects related to the development of a production. Works closely with the Director to execute the direction of the production. 5 years experience required.

3. Associate Producer

Under direct supervision of the Producer, is responsible for limited functions delegated by the producer. 2 years experience required.

4. Assistant Producer

Under direct supervision of the Producer, is responsible for limited functions delegated by the producer. 2 years experience

5. Production Assistant

Also referred to as a gofer, is responsible for performing a variety of tasks on the production set, to include stopping traffic, courier, errands, transporting refreshments from the craft service and other odd jobs. 1 year experience required.

6. Director

The creative, artistic force behind a production, the Director is responsible for cinematography, casting, editing, and shot selection, shot composition, script editing, and communicating to the actors on the way a particular scene or shot is to be played. 5 years experience

B-6

7. Assistant Director

Responsible for information distribution and reporting, cast notification, manages human resources of cast and crew, recording of all data relative to the crew and cast schedules, management of cast of extras, preparation of call sheets, production reports and other notifications; tracks production progress. 2 years experience required.

8. Writer

A general term for someone who creates a written work, i.e. novel, script, screenplay or teleplay. 5 years experience required.

9. Script Supervisor

Responsible for keeping track of which scenes have been filmed, deviations from the script and continuity. 2 years experience

10. Casting Director

Responsible for cast auditions, to include determining speaking role actors; required to have working knowledge of actor pool to match actors to production role; serves as liaison between directors, actors and their agents; negotiates contracts between agents and actors after casting decisions; responsible for the SAG (Screen Actors Guild) requirements for each actor. 5 years experience required.

11. Actor

Portrays characters written in script for production. 1 year experience required.

12. Actor - Day Player

Plays a minor role in a production for only one day. 1 year experience required.

13. Bit Player

Performs a small, unimportant role, usually lasting only one scene. Role may be silent. 1 year experience required.

14. Stunt Performer

Specifically trained in potentially dangerous acts and takes the place of the actor. 5 years experience required

B-7

15. Stand-in

A non-acting role whereby the individual resembling the productions’ actor is used as a reference during long setups.

1 year experience required.

16. Actor – Narrator

Performs narration on camera. 1 year experience required.

17. Voiceover Artist

The unseen person who does the speaking necessary to create a voiceover. Dialog appearing in film’s soundtrack where the speaker is not visible. 1 year experience required.

18. Location Manager

Not located at actual production venue, responsible for management of production locations; seeks authorization for production locations. An Assistant Location Manager may be located on site to represent and manage department’s interests at physical localities.

2 years experience required.

19. Production Designer

Responsible for the overall visual appearance of the production. 5 years experience required.

20. Set Designer

Responsible for interpreting production designer’s vision of production setting that projects the time and place through architectural and other visual details, creating the story’s film environment. 5 years experience required.

21. Set Builder

With the set designer’s plans, is responsible for constructing and building the physical set/real property to specific requirements.

2 years experience required.

22. Set Decorator

Responsible for meeting set designers requirements for interior and exterior design elements to include furnishings, drapery, plants, and other items of personal property. 2 years experience required.

B-8

23. Set Dresser

Responsible for maintaining the set per the set decorator’s requirements; places real property elements; resets set elements to accommodate camera, grip and lighting set ups. Responsible for continuity on set of personal property. 2 years experience required.

24. Property Master

Responsible for purchasing, acquiring and/or manufacturing any props required for production. Responsible for prop use on set and in conjunction with the script supervisor, for maintaining the set continuity for prop continuity. 2 years experience required.

25. Weapons Master/Amorer

Responsible for weapons on production set. Duties include providing correct weapons to suit era and style of production; advising director on weapon use; choosing correct blanks; creating safe set environment for use of weapons; teaching actors to handle and use weapons; ensures use of all weapons is properly licensed, and ensures safety of production population when weapons are in use.

5 years experience required.

26. Director of Photography

Responsible for creating the director’s idea of a scene a visual reality. Has expertise in the art of capturing images either electronically or on film through the use of visual recording devices. Duties include selection of film, cameras, lenses and lighting by directing the gaffer’s placement of lighting. Determines shot composition in consultation with the director. Responsible for film developing and printing. Sometimes referred to as the films cinematographer. 5 years experience required.

27. Gaffer

The chief electrician in charge of the electrical department. Responsible for the design and execution of the productions lighting plans. Works closely with the director of photography for determining lighting for production scenes. 2 years experience required.

28. Lighting Technician

A member of the electrical department responsible for operating lights and lighting equipment on a set. 2 years experience required.

29. Best Boy

The chief assistant to the gaffer or key grip. Responsible for management of lighting staff and equipment; schedules the required resources for each day’s work. 2 years experience required.

B-9

30. Key Grip

Chief of grips, often doubling for a construction co-coordinator and backup for the camera crew. 2 years experience required.

31. Grip

Responsible for the set up, adjustment and maintenance of production equipment on the set. Typical duties include camera movement, lighting and refinement, and mechanical rigging. 1 year experience required.

32. Dolly Grip

Responsible for moving the dolly or small truck which rolls on dolly tracks and carries the camera. The dolly may sometimes carry the camera crew and/or director, allowing the camera to move towards or away from the subject being filmed. 2 years experience required.

33. Camera Operator

Responsible for shooting film of the production. Works closely with gaffers, grips and photography to achieve a desired shot.

34. Steadicam Operator

Responsible for operating the camera attached to the steadicam, a mechanical harness which reduces or eliminates the unsteadiness of the operator’s motion. 2 years experience required.

35. Aerial Camera Operator

Operates the aerial camera at the direction of the Director. 2 years experience required.

36. Underwater Camera Operator

Operates the underwater camera at the direction of the Director. 2 years experience required.

37. Editor

Responsible for editing a movie in accordance with instruction’s from the director. Typically work focuses on the visual editing of a film; in charge of reconstructing the sequence of events within a film. 5 years experience required.

38. Assistant Editor

Performs duties as delegated by the Editor. 2 years experience required.

B-10

39. Sound Crew

The crew involved in creating the film’s soundtrack through recording, mixing and editing. 1-5 years experience required.

40. Music Composer

Writes music for a production. 2 years experience required.

41. Musician

Performs the music written for the production. 2 years experience required.

42. Sound Designers

Responsible for creating and designing the audio portion of a movie. 5 years experience required

43. Sound Engineers

Responsible for all recording and sound during a film. 5 years experience required.

44. Production Sound Mixer

Head of the sound department on the set. Responsible for the process of recording all sync dialog and sync sound effects in a scene.

Duties include: selection and operation of the microphones and recording equipment used on the set; directing the boom operator;

combining the sound of multiple microphones used to capture dialog and effects on a set; recording sound ambiance and room tone for all scenes, and wild track that will aid editor and sound mixer in matching the different sound takes in a scene for smooth sound transitions.

45. Studio Sound Mixer

Responsible for mixing sound recorded in the studio. 5 years experience required.

46. Location Sound Mixer

Responsible for mixing sound recorded on location. 5 years experience required.

47. Sound Editor

Responsible for editing the sound of a production. 5 years experience required.

B-11

48. Assistant Sound

Performs duties as delegated by the Sound Mixer. 1 year experience required.

49. Special Effects Operator

Produces sound effects for scenes in production. 5 years experience required.

50. Assistant Special Effects

Performs duties as delegated by the Special Effects Operator. 1 year experience required.

51. Boom Operator

A member of the sound crew, the boom operator is responsible for extending the boom microphone over the actors, and out of sight of the camera. 2 years experience required.

52. Tape Playback Operator

Operates the playback machines during the production. 2 years experience required.

53. Transcriber

Prepares a written version of spoken material. 1years experience required.

54. Closed Caption Specialist

Inserts a written version of spoken material into video presentations. 2 years experience required.

55. Video Engineer

Responsible for the quality of the video signal. 5 years experience required.

56. Audio Engineer

Responsible for the quality of the audio signal. 5 years experience required.

57. Ultimatte Engineer

Responsible for the set up and maintenance of the Ultimatte equipment during a production. 5 years experience required.

B-12

58. Avid Engineer

Responsible for the set up and maintenance of the Avid equipment during a production. 5 years experience required.

59. Uplink Engineer

Responsible for the set up, operation, and maintenance of the uplink satellite system. 5 years experience required.

60. Teleprompter Operator

Operates the teleprompter during the production. 2 years experience required.

61. Rotoscope Artist

Responsible for tracing the images of the live action, either manually or automatically. 2 years experience required.

62. Animator

Responsible for creating the illusion of motion by creating individual frames, as opposed to filming naturally occurring action at a regular frame rate. 5 years experience required.

63. CG Operator

Responsible for displaying text and graphics on screen. 2 years experience required.

64. 2D CG Artist

Responsible for creating 2 dimensional graphics to include text. 2 years experience required.

65. 3D CG Artist

Responsible for creating 3 dimensional graphics to include text. 2 years experience required.

66. Makeup Artist

Responsible for placing decorations directly on the skin or hair of an actor for cosmetic or artistic effect. 5 years experience

B-13

67. Effects Makeup Artist

Special expertise and artistry with use of makeup and hair design, with technologies of mold making and synthetic skin materials

(such as foam, latex, gelatin and silicone). Responsible for placing decorations directly on the skin or hair in order to achieve a special effect. 5 years experience required.

68. Craft Services

Responsible for assisting the other crafts which include camera, sound, electricians, grips, props, art director, set director, hair and makeup; services the other crafts during film production by providing snakes and cleaning up the set. 1 year experience required.

69. Transportation Captain

Responsible driving either equipment or passenger trucks, typically between location shootings, sets and the studio.

Manages the vehicles and the drivers, and coordinates the transportation activities of cast, crew, and equipment. 1years experience

70. Driver

Drives the cast and crew, and equipment from various locations and sets. 1years experience required.

71. Floor Manager

Responsible for giving direction to the talent/actors during the filming of a production. 2 years experience required.

B-14

Definitions

1. Video Production

The process of recording, editing and exhibiting visual and audio information on magnetic and sometimes portable media.

2. Pre-Production

The process of preparing for the production stage of a film, including script revisions, casting and location research; arrangements made before the start of filming. May include script editing, set construction, location scouting and casting.

3. Post Production Supervisor

Responsible for overseeing the entire post production of a project. Reports directly to the producer and/or the studio in charge of the production. Works side by side with the director and editor. Responsible for the finishing of the film on time and on budget.

Authority over post production coordinators. Typical duties may include: controlling all activities with vendors such as reshooting, CGI, score, delivery requirements, legal clearances, preview screenings, color timing, video mastering and budgeting the movie through the completion and delivery. Likely the COTR or his designee for the resultant contract.

4. Post Production Coordinator

Performs duties as assigned by the Post Production Supervisor and is responsible for many areas of the post production process, including ensuring the smooth operation of the editorial department, coordination of the production and delivery of final delivery elements, scheduling and coordinating review sessions, managing the administration of the department including post production accounting and final delivery paperwork, organizing final post production related documents, and coordinating the final wrap and proper storage of final video and audio masters and offline editorial materials.

B-15

B.4.2 Contractor Requirements

B.4.2.1

All personnel assigned to contract will be known as Key Personnel. The contractors

Key Management Personnel (which includes: Executive Producer, Producer, Director, Director of Photography, Lighting Director, Writer, Production / Set Designer, Sound

Designer, Production / Sound Mixer, Editor, Special Effects Operator, Video/Audio

Engineer) shall have a minimum 5 years experience in providing quality crew members to support the video production services of both Government and

Commercial entities. The Contractor shall provide resumes for Key Personnel upon request and prior to assignment to this contract. The contractor shall assign to this contract those key personnel who were indicated with the quote necessary to fulfill the requirements of the order. Any replacement or substitution of any key personnel to this contract must be preceded by a written notification of change sent to the COR and Contracting Officer. Proposed substitutes shall have qualifications equal to or exceeding that of the individual(s) being replaced. The FBI reserves the right to review the qualifications of all staff selected to work on this contract before assignment, including the individuals included in the contract’s quote and any replacements for these individuals, and to reject individuals who do not have appropriate experience, in accordance with the statement of work.

B.4.2.2 Education/Experience

It is preferred that Technical Production Staff possess a combination of formal education above the high school level and several years of work experience.

Technical Production Staff shall speak English at the eighth grade level or above.

The contractor shall provide Technical Production Staff that are not less than eighteen years of age and who possess, at a minimum, a high school diploma or GED equivalent. The contractor and all Technical Production Staff shall be capable of meeting the FBI security requirements of this solicitation.

B.4.2.3 Extent of Obligation

The Government is obligated only to the extent of authorized purchases actually made under the terms of the contract. The Government reserves the right to cancel this contract at any time by providing written notice to the contractor of any such cancellation.

B.4.2.4 Purchase Limitation

The cost of this film shall not exceed the dollar value of the purchase order or $150,000.

B.4.3 Invoices

B-16

Invoices shall be submitted to:

Federal Bureau of Investigation

ATTN:

FBI

Chicago, IL

B.4.4 Contractor Shall-

B.4.4.1

Meet the requirements as stated in this solicitation. This is a firm fixed price contract, based on the hourly rates established in this contract. The firm fixed price shall consider the mix of labor categories and level of effort needed to perform all of the services required.

B.4.4.2

Attend all preproduction meetings as required for this film.

B.4.4.3

Provide the appropriate technical staff for the required production.

a. Technical Production Staff shall be professionally attired for their assigned task.

B.4.4.4

Provide required equipment on time at different locations.

B.4.5 Deliverables

The deliverables for this contract are specified in the statement of work. Deliverables shall be sent to the COR, or designee.

Written deliverables shall be submitted in typewritten form with an electronic version in a format to be determined by the COR and provided to the Contractor within the time frame specified in the task order.

The Contractor shall conform to the FBI’s computer files standards, utilizing WordPerfect v8.0 for Windows, Microsoft Word 2000, Microsoft Excel 2000, Microsoft Access 2000 and

Microsoft PowerPoint 2000. All written deliverables shall be organized according to FBI task specifications, and free of spelling and grammatical errors.

Frequency/Due Date: Written documentation shall be delivered before, but no later than, 10 business days after completion of the assigned task. Task assignment is considered completed upon review and acceptance by the Government of written documentation.

Delivery shall be by one of the following methods: e-mail; Federal Express; facsimile; United

B-17

States Postal Service; messenger service or hand carried.

B.4.6 Period of Performance

Effective Period: The effective period of this contract begins and ends on the stated dates found on the purchase order.

B.4.8 Inherently Governmental Functions

The Contractor shall not perform any Inherently Government Functions (IGF) under this contract in accordance with OMB Policy Letter 92-1, IGF and FAR Subpart 7.5. Whenever the Contractor is participating in any situation where it may be assumed that they are a FBI employee, the Contractor must identify himself/herself as a contract employee. If during the course of work, through receipt of technical direction, or in carrying out the Statement of

Work, the Contractor shall immediately notify the Contracting Officer’s Representative and the Contracting Officer if any work appears to be an IGF.

B.4.9 Place of Performance

Contractors shall be assigned to work in the city of Chicago. The contractor will have access to areas in the Chicago field office open to the public.

C-CONTRACT CLAUSES

SECTION D-ATTACHMENTS

C.1 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):

https://www.acquisition.gov/far/

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.212-4 CONTRACT TERMS AND CONDITIONS – JUL 2013

COMMERCIAL ITEMS

(End of Clause)

C.1.1 Addendum to 52.212-4

(a) 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the same rates specified in the contract. 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 30 days.

(End of clause)

(b) Travel

If travel is required, travel shall be in accordance with the rates and guidelines established in the Federal Travel Regulations (FTR) and subject to the following provisions:

Travel must be directly related to and required for performance of this contract, and authorized in advance and in writing by the COR and

Contracting Officer

General. Travel required for tasks assigned under this contract shall be governed in accordance with rules set forth for the temporary duty travel in the

Federal Travel Regulations.

Travel. Travel, subsistence, and associated labor charges for travel time are authorized for travel beyond a 50-mile radius of the normal place of https://www.acquisition.gov/far/

Attachment (a) performance, whenever work is required to be accomplished at a temporary, alternate work site. No travel, subsistence or associated labor charges for travel shall be charged at the Contractor’s local office or any other work site within a 50-mile radius of the Contractor’s local office.

The Contractor shall be responsible for obtaining all travel tickets. The

Contractor is responsible for making all travel arrangements to support their personnel under this contract. The Contractor shall make no direct labor charges for making travel arrangements. Contractor shall provide receipts for all expenses incurred for Government approved travel to the COR. Only actual expenses will be paid with no markup for overhead or profit. Travel reimbursement will be limited to the amount funded for each Task Order unless otherwise modified.

(c) Non-Payment for Unauthorized Work

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting

Officer is authorized to change the specifications, terms and/or conditions of this contract.

(d) Duplication of Efforts

The contractor hereby certifies that costs for work to be performed under this contract and any subcontracts hereunder are not duplications 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.

(e) Technical Direction

Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the COR, or her designee, specified below in this addendum, paragraph (m) of this contract. As used herein, technical instructions are defined to include the following:

(a) Directions to the Contractor, which suggests pursuit of certain lines of inquiry, change of work emphasis, fill in details, or otherwise serve to assist in the Contractors accomplishment of the Statement of Work;

(b) Guidance to the Contractor, which assists in the interpretation of drawings, specifications, or technical portions of work description.

Technical instructions shall be within the general scope of work, stated in the contract. Technical instructions may not be used to: (1) assign additional work under the contract; (2) direct a change as defined in the “changes” clause of the contract; (3) increase or decrease the contract cost or estimate contract amount (including fees), as applicable, the level of effort, or the time required for contract performance; or (4) any change in the terms, conditions, or specifications of the contract.

If, in the Contractor’s opinion, any technical instructions call for effort outside the scope of the contract, or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten (10) working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contracting Officer notifies the

Contractor that the technical instructions are within the scope of the contract.

Nothing in the preceding paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement, which is not affected by the disputed technical instruction.

(f) Contract Administration and Contracting Officer’s Technical

Representative

This contract will be administered by:

Federal Bureau of Investigation

Attn.: Ms. Deborah F. Chin

JEH FBI Headquarters

Washington, D.C. 20535

Telephone: (202)-324-5723

Facsimile: (202)-324-3491

The Contracting Officer’s Representative is: Dannie W. Price

(To be completed at time of contract award)

(g) 2852.233-70 Protests Filed Directly With the Department of Justice

(JAN 1998)

(a) The following definitions apply in this provision:

(1)"Agency Protest Official" means the official, other than the

Contracting Officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

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

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

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

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

(2) Be filed with the Contracting Officer

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

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

(5)Include the information required by FAR 33.102(a) (2):

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

(ii) Solicitation or contract number.

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

(iv)Copies of relevant documents.

(v) Request for a ruling by the agency.

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

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

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

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

Official decide the protest.

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

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

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

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

(h)An interested party may represent itself or be represented by legal counsel.

The Department of Justice will not reimburse the protestor for any legal fees related to the agency protest.

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

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

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

(h) 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

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

(I) Department of Justice Residency Requirement

The Residency Requirement states that, for three of the five years immediately prior to submission of an offer/bid/quote , or prior to performance under a contract or commitment, individuals or contractor employees providing services must have: 1)

Legally 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.

If the individual is not a U.S. citizen, he/she must be from a country allied with the

U.S. The following website provides current information regarding allied countries:

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

By signing this contract or commitment document, or by commencing performance, the contract agrees to this restriction.

This requirement can be waived for short-term contractors (those performing duties for a cumulative total of 14 days or less), if there is a critical need for their specialized and unique skills. 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 for approval to the Security Officer.

(j) 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, thesis, 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 the contract.

(k) Advertisements, Publicizing Awards and News Releases

Under no circumstances shall the Contractor, or anyone acting on behalf of the

Contractor, refer to the supplies or equipment furnished pursuant to the provisions of this contract in any publicity/news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product provided is endorsed or preferred by the

Federal Government or is considered by the Government to be superior to other products.

Additionally, 18 U.S.C. 709 contains specific prohibitions on use of specific agencies’ names, acronyms, logos, emblems, etc. in connection with or as part of any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, other production, product or item, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, product, or item is approved, endorsed, or authorized by or by associated in any manner with, the said agency, without the express written consent of the official designated in 18 U.S.C. 709. Violations may be punishable as follows: a corporation, partnership, business trust, association, or other business entity, by a fine under this title; an officer or member thereof participating or knowingly acquiescing in such violation or any l individual violating this section, by a fine under this title or imprisonment for not more than one year, or both. These obligations do not cease upon completion of the contract.

(l) Disclosure of Information-Official Use Only

Each officer or employee of the Contractor or subcontractor at any tier to whom

“Official Use Only” information may be made available or disclosed shall be notified in writing by the Contractor that “Official Use Only” information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such “Official Use Only” information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and 3571. Section

641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to ten years or both. These obligations do not cease upon completion of the contract.

(m) Non-disclosure Agreement

The contents of investigations, including the development of interview strategies, the handling of assets, and assisting in the development of other behavior-based strategies, training and identities of Government employees shall be safeguarded and shall not be released to sources outside the Government. An agreement limiting dissemination of information is located in Section D, Attachment 5. The Contractor and their employees having access to the contents of investigations, including the development of interview strategies, the handling of assets, and assisting in the development of other behavior-based strategies, training and identities of Government employees shall sign this agreement.

(n) 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.

(o) 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 Payment to Small Business for Goods and Services,”

Dated 10/14/11. The Prompt Payment Act still applies to this action; however, the agency will make its best effort to pay proper invoices within 15 days.

(p) FBI Special Guidance

The FBI will be using a new financial system beginning 10/1/2013 that has a direct interface with the Systems for Award Management (SAMS). If any current FBI vendor data conflicts with SAM data, the information contained in SAM may override our current information on 10/1/2013. Please ensure that your company’s

SAM information is updated and accurate. This includes TIN, EFT, DUNS, Addresses, and contact information. The EFT Banking information on file in SAM will be what the FBI uses to process payment to your organization.

C.2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JUL 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C.

7104(g))

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L.

108-77, 108-78)/

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep

2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)

(Pub. L. 110-252, Title VI Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2009) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier

Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note.)

__ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting

Requirements (Jul 2010) (Pub. L. 111-5).

X (6) 52.209-6, Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jul 2013)

(31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

X (8) 52.209-10, Prohibition on Contracting with Inverted Domestic

Corporations (May 2012) (Section 738 of Division C of Pub. L. 112-74, Section 740 of Division C of Pub. L. 111-117, Section 743 of Division D of

Pub. L. 111-8, and Section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of Total HUBZone Set-Aside (Nov 2011) (15 U.S.C.

657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

(12) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15

U.S.C. 644).

__ (ii) Alternate I (Nov 2011) of 52.219-6.

__ (ii) Alternate II (Nov 2011) of 52.219-6.

__ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)

(15 U.S.C. 644).

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

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

X (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C.

637(d) (2) and (3)).

__ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C.

637(d) (4).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

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

644(r)).

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

(14)).

__ (18) (i) 52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999)

(U.S.C. 637 (d) (4) (F) (i))

__ (19) 52.219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Sep 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (20) 52.219-25, Small Disadvantaged Business Participation Program-

Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section

7102, and 10 U.S.C. 2323).

__ (21) 52.219-26 Small Disadvantaged Business Participation Program-

Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10

U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small

Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business Program Representation (Jul

2013) (15. U.S.C. 632 (a) (2).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantage

Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C.

637(m)).

__ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business

(WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C.

637(m)).

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

X (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies

(Mar 2012) (E.O. 13126).

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

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

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

4212).

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)

(29 U.S.C. 793).

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

4212).

X (33) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive

Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain types of commercial items as prescribed in

__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (May 2008) (42 U.S.C. 6962(c) (3)(A)(ii)).

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (36) 52.223-15 Energy Efficiency in Energy Consuming Products (Dec

2007) (42 U.S.C. 8259b).

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

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

X (38) 52.223-18,Encouraging Contractor Policies to Ban Text Messaging

While Driving (Aug 2011) (E.O.13513).

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

__ (40) (i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade

Act (Nov 2012) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169).

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

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

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

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

X (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets

Control of the Department of the Treasury).

__ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National

Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (44) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

(42 U.