RFQ_-_FBI08142018VPS__Revised_FBO.pdf

SOLICITATION/ REQ #

RFQ – FBI08142018VPS (Revised)

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U.S. Department of Justice

Federal Bureau of Investigation

Professional Services Acquisition Unit

15020 Conference Center Drive, Suite 220

Chantilly, VA 20151

August 30, 2018

RE: RFQ – FBI08142018VPS (Revised)

All Interested Parties:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The Federal Bureau of Investigation (FBI) is issuing a Request for Proposals (RFP), on a restricted basis, open only to small business concerns, under solicitation number RFQ –

FBI08142018VPS. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-99. The Government anticipates issuing a single contract award. The award will be a fixed price labor hour, Blanket Purchase

Agreement not to exceed $5.0M. The North American Industry Classification System code is

512110, Motion Picture and Video Production, with a small business size standard of $32.5

Million.

Ordering Period - The ordering period for this contract is from the effective date of the contract through

60 months.

Period of Performance - Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The

Contractor shall not be required to make any deliveries under this contract after 12 months from the expiration of the ordering period.

file://///FSPIH_NT/regs$/Working/far_doc/FAR12.DOC%23s126

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PROVISIONS: The following provisions apply to this acquisition:

FAR 52.212-1, Instructions to Offerors – Commercial (JAN 2017)

FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items (NOV 2017)

CLAUSES: The following clauses apply to this acquisition:

FAR 52.212-4 Alternate I Contract Terms and Conditions -- Commercial Items (JAN 2017)

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive

Orders -- Commercial Items (JUL 2018)

FAR 52.232-7, Payments under Time-and-Materials and Labor Hour Contracts (Aug 2012)

Additional terms and conditions are contained within the attached solicitation documents.

SUBMISSION OF QUOTES:

Quotes must be submitted in accordance with the FAR provision at 52.212-1, Instructions to Offerors –

Commercial Items (JAN 2017) and the instructions set forth in this solicitation.

*Vendors shall acknowledge in their quote that they have reviewed the Questions and Answers document, Reqeust for Quote (Revised) and Attachment A (Revised Pricing Sheet).

All quotes must be received by the Contract Specialist and the Contracting Officer no later than

10:00 AM EST on Tuesday, September 11, 2018 to the following email addresses listed below:

Michael Parsons, Contract Specialist mfparsons@fbi.gov

Brian Chrostowski, Contracting Officer bchrostowski@fbi.gov http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1213_166708 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1289_180536 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1554_215887 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1745_254461 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1745_254461 mailto:mfparsons@fbi.gov mailto:Brian.Chrostowski@ic.fbi.gov

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FEDERAL BUREAU OF

INVESTIGATION

VIDEO PRODUCTION SERVICES

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1 SCOPE

This is a contract to provide video production services to the Federal Bureau of Investigation

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

1.1 Description of Services/Introduction

This is a contract to provide fully trained personnel meeting the qualifications specified below to the

Federal Bureau of Investigation (FBI) Training Division (TD).

1.2 Background

FBI Academy at Quantico, Virginia has a twofold mission: to lead and inspire, through excellence in training and research, the education and development of FBI employees and the criminal justice community, and, to influence change and forge partnerships that ensure the safety and security of the citizens of the United States and the World. To that end, the Creative Media Development Unit (CMDU) has a requirement to produce live multicast events, instructional videos, 3D animations, and other multi-media materials in order to accomplish this mission.

CMDU has an onboard staff of video producer/directors and technical professional staff, but does not have sufficient technical staff for the production of the various audio visual materials without occasional expansion of the staff with temporary technical professional personnel.

2 REQUIREMENTS

The FBI requires commercial services to provide additional 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.

The types of productions that may need support could be instructional videos, live multicast events, demonstration videos, scenarios, and other videos that may support classroom instruction.

The support requests may be small, medium, or large, requiring anywhere from one day to several months to complete. Both parties must agree upon the basis and requirements of each specific task before work begins.

3 KEY PERSONNEL

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 of experience required.

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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.

3. Associate Producer

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

2 years of experience required.

4. Assistant Producer

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

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.

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.

8. Writer

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

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9. Script Supervisor

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

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.

11. Actor

Portrays characters written in script for production.

12. Actor - Day Player

Plays a minor role in a production for only one day.

13. Bit Player

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

14. Stunt Performer

Specifically trained in potentially dangerous acts and takes the place of the actor.

5 years of experience required

15. Stand-in

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

16. Actor – Narrator

Performs narration on camera.

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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.

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.

19. Production Designer

Responsible for the overall visual appearance of the production.

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.

21. Set Builder

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

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.

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.

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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.

25. Weapons Master/Armorer

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.

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.

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.

28. Lighting Technician

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

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.

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30. Key Grip

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

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.

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.

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.

35. Aerial Camera Operator

Operates the aerial camera at the direction of the Director.

36. Underwater Camera Operator

Operates the underwater camera at the direction of the Director.

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37. Editor

Responsible for editing a movie in accordance with instructions from the director. Typically work focuses on the visual editing of a film; in charge of reconstructing the sequence of events within a film.

This labor category will be a Full-time position (1920 hours).

Location: Quantico, Virginia

Clearance Level: Active Secret with Single Scope Background Investigation (SSBI)

38. Assistant Editor

Performs duties as delegated by the Editor.

39. Sound Crew

The crew involved in creating the film’s soundtrack through recording, mixing and editing.

1-5 years of experience required.

40. Music Composer

Writes music for a production.

41. Musician

Performs the music written for the production.

42. Sound Designers

Responsible for creating and designing the audio portion of a movie.

43. Sound Engineers

Responsible for all recording and sound during a film.

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

Version 2.0 Page 11 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.

46. Location Sound Mixer

Responsible for mixing sound recorded on location.

47. Sound Editor

Responsible for editing the sound of a production.

48. Assistant Sound

Performs duties as delegated by the Sound Mixer.

49. Special Effects Operator

Produces sound effects for scenes in production.

50. Assistant Special Effects

Performs duties as delegated by the Special Effects Operator.

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.

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52. Tape Playback Operator

Operates the playback machines during the production.

53. Transcriber

Prepares a written version of spoken material.

1 year of experience required.

54. Closed Caption Specialist

Inserts a written version of spoken material into video presentations.

55. Video Engineer

Responsible for the quality of the video signal.

56. Audio Engineer

Responsible for the quality of the audio signal.

57. Ultimate Engineer

Responsible for the set up and maintenance of the Ultimate equipment during a production.

58. Avid Engineer

Responsible for the set up and maintenance of the Avid equipment during a production.

59. Uplink Engineer

Responsible for the set-up, operation, and maintenance of the uplink satellite system.

60. Teleprompter Operator

Operates the teleprompter during the production.

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61. Rotoscope Artist

Responsible for tracing the images of the live action, either manually or automatically.

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.

63. CG Operator

Responsible for displaying text and graphics on screen.

64. 2D CG Artist

Responsible for creating 2 dimensional graphics to include text.

65. 3D CG Artist

Responsible for creating 3 dimensional graphics to include text.

66. Makeup Artist

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

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.

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.

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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.

1 year of experience required.

70. Driver

Drives the cast and crew, and equipment from various locations and sets.

1 years of experience required.

71. Floor Manager

Responsible for giving direction to the talent/actors during the filming of a production.

2 years of experience required.

72. Post Production Supervisor

See definition below.

5 years of experience required.

73. Post Production Coordinator

See definition below.

5 years of experience required.

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

Version 2.0 Page 15 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.

CONTRACTOR REQUIREMENTS

All personnel assigned to a task order will be known as Key Personnel. The contractors Technical

Production Staff are designated as Key Management Personnel (which includes: Executive Producer, Producer, Director, Director of Photography, Gaffer, Writer, Production Designer, Set Designer, Sound

Designer, Production Sound Mixer, Editor, Special Effects Operator, Video Engineer, Audio Engineer and Post Production Supervisor) 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 any task order. The contractor shall assign to each task order 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 a task order 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 a task order 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.

Education/Experience

The Technical Production Staff shall 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.

4 PLACE OF PERFORMANCE

The primary place of performance will be at FBI and DOJ facilities in the Washington, D.C. metropolitan area.

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5 PERIOD OF PERFORMANCE

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

Base Period 9/26/2018 - 9/25/2019

Ordering Period 1 9/26/2019 - 9/25/2020

Ordering Period 2 9/26/2020 - 9/25/2021

Ordering Period 3 9/26/2021 - 9/25/2022

Ordering Period 4 9/26/2022 - 9/25/2023

6 DELIVERABLES

The Contractor shall provide monthly status reports to the Contracting Officer (CO) and the Contracting

Office Representative (COR). The format will be agreed to by the Contractor and COR at the start of performance, but the contents shall contain the following, at a minimum: Staffing Summary, Hours and

Labor performed, Current Management and Administrative problems, and Action items. The Contractor shall also provide a bi-weekly status report that describes the activities that were completed (highlights), areas of risk, and personnel and their responsibilities for that time period.

The Contractor shall be responsible for providing the following deliverables:

Deliverable Title Deliverable Date SOW Reference

Monthly Status Reports 2nd Wednesday of Every Month 7.0

Bi-weekly Status Reports Every other Tuesday 7.0

7 GOVERNMENT FURNISHED EQUIPMENT or INFORMATION

The contractor and their employees shall safeguard Government-owned property within their care, custody and control, and provide appropriate preventative measures to ensure the property is not lost, damaged or misused.

The FBI will provide access to production equipment, studio, editing equipment and software, tape stock, DVDs, and duplication equipment. The Government will provide space for a contractor to work as needed to include office space, editing suites, and conference rooms to conduct business. The

Government will also make available use of computers for administrative work while on-site, film editing equipment, as well as all necessary production equipment for on-site productions and remote productions.

All furnished government property is provided for work related use only, and is afforded for the convenience of the government, to ensure maximum efficiency. All use of government furnished property must be lawful, and must not be converted into or used for personal gain.

Contractor shall fully secure all government furnished property, and may be held financially responsible for all negligent damage to or loss of such property.

Contractor shall not operate government owned motor vehicles.

If the Government cannot provide necessary equipment, the contractor will obtain approval from the COR to acquire the necessary equipment for temporary use and any expense incurred by the contractor in addressing authorized tasks will be reimbursed to the contractor.

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8 PERSONNEL AVAILABILITY

The Contractor’s normal workday will typically be within the hours of 6:00 a.m. and 6:00 p.m. Core work hours are 9:00 a.m. through 3:00 p.m. Flexibility within the normal work day shall be coordinated with the COR.

9 SECURITY REQUIREMENTS

The Editor labor category shall possess an active TOP SECRET security clearance. This position shall be staffed no later than 15 calendar days after award of the Blanket Purchase Agreement.

10 GOVERNMENT REPRESENTATIVES

The functions inherent to this BPA shall be performed by the designated Contracting Officer. The duly assigned COR shall ensure all actions pertaining to this BPA are requested via the Contracting

Officer.

This BPA will be administered by the following:

Michael Parsons, Contract Specialist

Telephone: 703-322-5971

E-Mail: mfparsons@fbi.gov

Brian Chrostowski, Contracting Officer

Telephone: 703-322-5963

E-Mail: bchrostowski@fbi.gov

10.1 Contracting Officer Representative

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

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

The COR for this contract is (to be determined). He/she can be reached at (will be provided at award).

10.2 Contracting Officer

Brian Chrostowski, Contracting Officer

Telephone: 703-322-5963

E-Mail: bchrostowski@fbi.gov mailto:mfparsons@fbi.gov mailto:bchrostowski@fbi.gov

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11 TRAVEL AND OTHER DIRECT COSTS

When required and authorized by the Contracting Officer Representative (COR), travel must be conducted in accordance with Federal Travel Regulations.

Other Direct Costs (ODCs) are authorized. Prior to purchasing any ODCs, approval must be obtained by the COR.

12 INVOICING PROCEDURES

Invoices shall be submitted to Central_Invoices@ic.fbi.gov . A copy of the invoice shall also be emailed to the Contracting Officer.

A proper invoice shall include the following information:

a) Name and address of the Contractor

b) Invoice date and invoice number. Invoice numbering should begin at 01 and be consecutively numbered thereafter. (The Contractor should date invoices as close as possible to the date of mailing or transmission.)

c) Contract number, Task Order number, contract line item number and, if applicable, an order number

d) Description, quantity, unit of measure, unit price and extended price of the items delivered

e) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped Government bill of lading

f) Terms of any discount for prompt payment offered

g) Name and address of official to whom payment is to be sent

h) Name, title, and phone number of person to notify in event of defective invoice

i) Electronic Funds Transfer (ETF) banking information

j) Contractor’s First/Last Name, Number of Hours, Labor Category, Total number of hours

(items can be in any order), Cumulative Number of Hours to date

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

The Contractor shall include this information on each and every invoice when invoicing for full or partial supplies/services delivered/performed. If an invoice does not contain the above information, the Bureau reserves the right to reject the invoice(s) as IMPROPER and notify the Contractor within seven (7) calendar days after receipt of the invoice at the designated billing office pursuant.

(Resubmission of a PROPER invoice(s) will be required).

Payment will be made by the FBI’s Commercial Payment Unit in accordance with the Prompt

Payment Act, FAR clause 52.232-25 (OCT 2003) upon the COR’s (or designee) certification of receipt of services and the CO final authorization for payment.

13 EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized purchases actually made under the

BPA.

mailto:Central_Invoices@ic.fbi.gov

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The BPA will be reviewed on an annual basis to determine if changes in market conditions, sources of supply, or other pertinent factors warrants the establishment of a new BPA or modification of any existing agreement.

The Government reserves the right to cancel this BPA at any time by providing written notice to the contractor of any such cancellation.

14 PURCHASE LIMITATION

Individual orders shall not exceed the simplified acquisition threshold.

15 INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA

A list of individuals authorized to purchase under the BPA shall be provided to the contractor prior to award.

Name: To be Determined

16 DELIVERY TICKETS

Individual delivery tickets for all services rendered need not be submitted.

17 FBI TERMS AND CONDITIONS

If applicable, the Department of Justice (DOJ), Federal Bureau of Investigation (FBI) will no longer permit the use of Non-US citizens in the performance of any BPA call or commitment for any position that involves access to or development of any FBI Information Technology (IT) system. By signing the BPA or commitment document, the Contractor agrees to this restriction with respect to all new employees utilized directly to perform duties under this BPA.

Information technology (IT) means any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency. The term "information technology" includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

[End of Clause]

17.1 DEPARTMENT OF JUSTICE (DOJ) RESIDENCY REQUIREMENT

The DOJ Residency Requirement is amended to apply to all DOJ contractors employed within the

United States, both U. S. citizens and non-U.S. Citizens. As a result of the events of September

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11th and the enhanced security posture within the DOJ a determination has been made to apply to all contractors.

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 US; 2) worked for the US overseas in a

Federal or military capacity; or 3) be a depended of a Federal or military employee serving overseas.

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

These individuals must be a US citizen or Permanent Resident Aliens. A waiver request from the

Head of the Component outlining the extenuating circumstances along with the requisite contractor clearances security package should be submitted for approval to the Security Officer.

Additionally, any individual whether employee or contractor, who is not a US citizen must be from a country allied with the US. For updated information go to:

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

17.2 RELEASE OF INFORMATION BY CONTRACTOR PERSONNEL

The FBI specifically requires that Contractors 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: any media or all media including on the web or web sites; publications, studies, books, theses, 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; and

(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.

Contractor shall not:

1) Use or allow to be used any aspect of this contract, including both the contractor’s relationship with the FBI and the work performed under the contract, for publicity. “Publicity” means, but is http://www.opm/gov/employ/html/citizen.htm

Version 2.0 Page 21 not limited to, advertising (e.g. trade magazines, newspapers, Internet, radio, television, etc.), communications with the media, marketing, or a reference for new business. It is further understood that this obligation does not expire upon completion or termination of this contract, but continues indefinitely excepted as allowed by law.

2) Have any communication with the media, whether initiated by the contractor or in response to media inquiries, related to the activities of the FBI, activities of other members of the intelligence community, or intelligence matters in general. Such media inquiries include but are not limited to requests for live interviews, telephone interviews, internet inquires, newspaper, television, radio or book interviews, etc.

3) Discuss such matters as a speaker or panel member at academic, professional, or any other public forum.

4) Discuss techniques and methods used outside of the contract.

5) Using techniques and methods used outside of the contract.

These obligations do not cease upon completion of the contract.

17.3 ORGANIZATIONAL CONFLICE OF INTEREST

(a) The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph (b) below.

(b) The term "organizational conflict of interest" means a situation where a Contractor has interest, either due to its other activities or its relationship with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advise from the Contractor, or in securing the advantages of adequate competition in its procurement; or (2) from industry's standpoint in that unfair competitive advantages may accrue to the Contractor in question.

(c) The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the

Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government at no cost.

(d) In the event that the Contractor was aware of an organization conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the

Government may terminate the contract at no cost to the Government.

Version 2.0 Page 22

17.4 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor 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 Technical Point of Contact (TPOC) or Point of Contact (POC), 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 of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

17.5 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 its best effort to pay proper invoices within 15 days.

17.6 SPECIAL SECURITY REQUIREMENTS

Prior FBI approval is required for subcontracting. Any information technology system utilized to support unclassified contract performance shall be operated in accordance with FBI certification and accreditation policies and procedures. Contact with the Contract Technical Point of Contact shall be made to coordinate the required certification and accreditation process for contract performance.

17.7 DISRUPTION TO THE SCHEDULE

The Contractor shall notify the COTR at any time when there is or may be a disruption of any type which would delay any deliveries under the schedule. Such notification shall be provided to the

COTR by telephone, as soon as the situation is known to the Contractor, and shall be followed up in writing to both the COTR and Contracting Officer within five (5) days.

17.8 FBI SPECIAL GUIDANCE

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

Version 2.0 Page 23 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.

[End of Clause]

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

Version 2.0 Page 24

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

(Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

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

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

644).

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

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

Version 2.0 Page 25

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

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

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

(d)(4)).

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

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

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

___ (v) Alternate IV (Nov 2016) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

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

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

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

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program

(Dec 2015) (15 U.S.C. 637(m)).

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

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan

2018) (E.O. 13126).

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

_X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

Version 2.0 Page 26

X___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

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

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

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

__X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun

2014) (E.O.s 13423 and 13514

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

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014)

(E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

Version 2.0 Page 27

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

___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

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

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May

2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

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

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

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016) (Section 862, as amended, of the National Defense

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

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505), 10 U.S.C. 2307(f)).

Version 2.0 Page 28

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

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

67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards --

Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and

41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --

Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--

Requirements (May 2014) (41 U.S.C. chapter 67).

Version 2.0 Page 29

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

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

13658).

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

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May

2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is…