SF-1449- 15F06723Q0000116 -05.04.23.pdf

15F06723Q0000116 Page 1 of 63

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15F06723Q0000116

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/11/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

05/18/2023 11:00AM ET

CODE 15F067

FEDERAL BUREAU OF INVESTIGATION

FAU - FACILITIES ACQUISITION UNIT

935 PENNSYLVANIA AVE, NW

WASHINGTON, DC 20535-0001

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 336992

SIZE STANDARD: 1500

10. THE ACQUISITION IS

SEE

SCHEDULEX

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO

SEE SCHEDULE

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15F067CODE18a. PAYMENT WILL BE MADE BY

Send all invoices via IPP, NOT central_invoices@fbi.gov

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

0001 Delivery Date: 9 months after award Firm Fixed Price Contractor shall deliver one (1) up-armored Chevrolet Tahoe or GMC Denali vehicles in accordance with Section C - Statement of Work.

(Use Reverse and/or Attach Additional Sheets as Necessary)

1 EA $________________ $________________

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

PSC: 2355

Delivery Date: 9 months after award Firm Fixed Price Contractor shall deliver two (2) up-armored Chevrolet Tahoe or GMC Denali vehicles in accordance with Section C - Statement of Work.

PSC: 2355

2 EA $______________ $______________

Candice Kesselman, ckesselman@fbi.gov

15F06723Q0000116 Page 2 of 63

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15F06723Q0000116 Page 3 of 63

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

Section C - Statement of Work Section D Packaging and Marking Section E Inspection and Acceptance 52.246-15 Certificate of Conformance (Apr 1984) Section F Delivery 52.247-34 F.o.b. Destination (Nov 1991) Section G Contract Administration Data FBI-0003 Contracting Officer's Security Representative (COSR) - Contract Security Requirements from Acquisition Security Unit (ASU) FBI-0006 (U) Contractor Suitability Special Security Requirement (SSR) FBI-0007 DOJ Security of Systems and PII - Procurement Section Directive (PSD): 11-24.101 FBI-0008 Financial Disclosure - Contract Security Requirements from Acquisition Security Unit

(ASU)

FBI-0009 Personnel Security - Contract Security Requirements from Acquisition Security Unit

(ASU)

FBI-0010 Warrantless Search - Contract Security Requirements from Acquisition Security Unit

(ASU)

FBI-0011 CARS Clause: Clauses for Contracts Involving Access to Classified Information - Contract Security Requirements from Acquisition Security Unit (ASU) FBI-0013 e-QIP - Contract Security Requirements from Acquisition Security Unit (ASU), Procurement Section Directive (PSD): 09-22.18

FBI-0002 CLASSIFIED CONTRACTS - CONTRACT SECURITY REQUIREMENTS

52.204-2 Security Requirements (Mar 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) 52.239-1 Privacy or Security Safeguards (Aug 1996) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Dec 2022) 52.216-24 Limitation of Government Liability (Apr 1984) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) 52.242-13 Bankruptcy (July 1995) 52.232-1 Payments (Apr 1984) 52.243-1 Changes-Fixed-Price (Aug 1987) 52.246-20 Warranty of Services (May 2001) FBI-0004 DOJ Residency Requirement - Contract Security Requirements from Acquisition Security Unit (ASU) 52.216-18 Ordering (Aug 2020) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.217-8 Option to Extend Services (Nov 1999) 52.202-1 Definitions (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.233-1 Disputes (May 2014) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

4 List of Attachments Section J List of Attachments

5 Solicitation Provisions

15F06723Q0000116 Page 4 of 63

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022) 52.225-18 Place of Manufacture (Aug 2018) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 52.216-1 Type of Contract (Apr 1984) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) FBI-0005 Source Selection Evaluation Board - Contract Security Requirements from Acquisition Security Unit (ASU) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

15F06723Q0000116 Page 5 of 63

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Period

Delivery Schedule:

Quantity: 3.000000 FOB: Destination

NO ADDITIONAL LINE INFORMATION

15F06723Q0000116 Page 6 of 63

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

15F06723Q0000116 Page 7 of 63

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

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

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of

15F06723Q0000116 Page 8 of 63 the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

15F06723Q0000116 Page 9 of 63

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

15F06723Q0000116 Page 10 of 63

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Full Text

Section C - Statement of Work

The Contractor shall perform the work specified in the Statement of Work (SOW) and other Attachments/Exhibits in Section J of this contract. The Contractor shall provide all necessary materials, labor, equipment, and facilities incidental to the performance of this requirement.

Section D Packaging and Marking

All items shall be preserved, packaged, and packed in accordance with the best commercial practices to meet the packaging requirements of the carrier and insure safe delivery at destination.

Section E Inspection and Acceptance

Vehicles will be inspected and accepted at:

CLIN Inspect AT Inspect BY Accept AT Accept BY 0001 Destination Government Destination Government

52.246-15 Certificate of Conformance (Apr 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

I certify that on _____________ [insert date], the ___________________________ [insert Contractor's name] furnished the supplies or services called for by Contract No. _______________ via ____________________ [Carrier] on ____________________________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, 0002 Destination Government Destination Government

15F06723Q0000116 Page 11 of 63 preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: _____________ Signature: __________________________________ Title: ________________________________

(End of clause)

Section F Delivery

CLIN Delivery Date Quantity Ship to Address 0001 9 months after award 1.0 U.S. Embassy - Mexico City

San Diego, CA

52.247-34 F.o.b. Destination (Nov 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight."

When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

Section G Contract Administration Data

The Contracting Officer’s Representative (COR) is not authorized to change any of the terms and conditions of the contract. The Contractor is advised that only the Contracting Officer can change or modify the contract terms or take any other action which obligates the Government. Then, such action must be set forth in a formal modification to the contract. The authority of the COR is

0002 9 months after award 2.0

15F06723Q0000116 Page 12 of 63 strictly limited to him/her, without redelegation, to the specific duties set forth in his/her letter of appointment, a copy of which is furnished to the Contractor. Contractors who rely on direction from other than the Contracting Officer, a COR acting outside the strict limits of his/her responsibilities as set forth in his/her letter of appointment do so at their own risk and expense. Such actions do not bind the Government contractually.

Any contractual questions shall be directed to the Contracting Officer. The COR for this contract will be appointed and identified via letter of COR delegation authority.

The Contracting Officer is the person with the authority to enter into, administer, and/or terminate contract.

The Contracting Officer for the contract and all task orders is: Candice Kesselman, Email: ckesselman@fbi.gov.

The Federal Bureau of Investigation (FBI) requires vendors to submit invoices and supporting documentation electronically through the Invoice Processing Platform (IPP). IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of Treasury's Bureau of the Fiscal Service (Treasury) in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. To learn more about IPP, please visit IPP.gov.

See Attachment 3, IPP Invoicing Instructions

FBI-0003 Contracting Officer's Security Representative (COSR) - Contract Security Requirements from Acquisition Security Unit

(ASU)

COSR are the designated representatives of the CO and derives their authorities directly from the CO. They are responsible for certifying the contractor’s capability for handling classified material and ensuring that customer security policies and procedures are met. The COSR is the focal point for the contractor, CO, and COR regarding security issues. The COSR cannot initiate any course of action that may alter the terms of the contract. The COSR is UC Saunders and can be reached on (202) 220-9230. The provisions of this clause shall apply to the extent that any aspect of this contract requires the contractor to access classified, of Sensitive But Unclassified and/or Law Enforcement Sensitive information. If, subsequent to the date of this contract, the security requirements under this contract are changed by the FBI, as provided in this clause, and the security costs or time required for delivery under this contract are thereby increased or decreased, the contract price, delivery schedule, or both, and any other provision of this contract which may be affected shall be subject to an equitable adjustment in accordance with the procedures in the Changes clause of this contract.

FBI-0006 (U) Contractor Suitability Special Security Requirement (SSR)

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 prior to or 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 contract performance. Failure to replace the employee may result in a no cost termination by the government.

FBI-0007 DOJ Security of Systems and PII - Procurement Section Directive (PSD): 11-24.101

On 3/20/2008, the Senior Procurement Executive, DOJ, notified the FBI of requirements for addressing Department systems and data, including provisions governing the use of laptops by contractors which are to be included in all current and future contracts where a contractor handles data that originated within the Department, data that the contractor manages or acquires for the Department, and/ or data that is acquired in order to perform on the contract and concerns Department programs or personnel. Effective immediately if a procurement is expected to result in the acquisition of services where the contractor handles data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel procurement officials are required to incorporate the appropriate special security requirements. It should be noted that within Section A, paragraphs a, b, and d apply to all data, even data that may not be personally identifiable information (PII). Section B sets forth special security requirements that must be used in contracts involving PII obtained by the Department from a contractor, such as an information seller or data broker. A request for a wavier from the requirement to include these special security requirements, or deviations from the language (except those that are more stringent), must be made in writing to the Senior Procurement Executive. Permission for a deviation or waiver will only be granted in unusual circumstances.

INFORMATION TO BE INCLUDED IN CONTRACT: 1.2 Special Security Requirements: A. Security of Systems and Data, Including Personally Identifiable Data: a. Systems Security: The work to be performed under this contract requires the handling of data that originated within the Department of Justice, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel. For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice systems, including but not limited to all Executive Branch system security requirements (e.g. requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ

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Order 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews and access by the DOJ Office of the Inspector General for its reviews. The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the Contracting Officer (CO) certifying the following requirements: 1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product; 2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date; 3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism; 4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department; 5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product; 6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed or destroyed) in accordance with security requirements applicable to DOJ; 7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts; 8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information; 9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor's project management and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work; b. Data Security: By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of an actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour or discovery) report the breach to the CO and the Contracting Officer's Representative (COR). If the data breach occurs outside of regular business hours and/or neither the CO nor the COR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours. c. Personally Identifiable Information Notification Requirement: The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identification information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contract shall be coordinated with, and be subject to the approval of, the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate. d. Pass-through of Security Requirements to Subcontractors: The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor. B. Information Resellers or Data Brokers: Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certified that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department Contracting Officer so that the Department my determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall notify the individuals until it receives further instruction from the Department.

FBI-0008 Financial Disclosure - Contract Security Requirements from Acquisition Security Unit (ASU)

1.1 Financial Disclosure Requirements: Financial considerations and foreign travel have been identified as significant elements in recent espionage cases. In response to these threats, Executive Order 12968 established a requirement that all Executive Branch personnel who are granted access to "particularly sensitive classified information" as a condition of such access, file with the agency head an annual financial disclosure report. With the continuous dependency on contractors to support the FBI, to include access to classified information, if a procurement is expected to result in the acquisition of services involving the assignment of contractor personnel to FBI locations, access to Sensitive Compartmented Information (SCI) and access to the FBI's Secret Network (FBINET) the Program Management Officer/Contracting Officer's Representative (COR), in coordination with the assigned Chief Security Officer, are required to identify during procurement planning stages, whether an acquisition will require the anticipated contract to include the Special Security Requirement identified below.

1.2 Special Security Requirement: Security Requirements Applicable to Contractor Personnel Assigned to FBI Locations, with Access to Sensitive Compartmented Information (SCI) and the FBI Secret Network (FBINET), or those selected by the Director or

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Deputy Director of the FBI. Requirements are applicable to all individuals to be assigned to FBI locations, to include those identified as "Key Personnel", if specified in the contract, who will require access to FBI locations, SCI and FBINET, or those selected by the Director or Deputy Director of the FBI. Award of this contract is anticipated to result in the assignment of contractor personnel to FBI controlled or occupied space with access to SCI and the FBINET. As such, all contractor personnel assigned to such space with access to SCI and FBINET, or those selected by the Director or Deputy Director of the FBI, are required to file an annual Security Financial Disclosure Form (SFDF). Information collected through these filings is used to help make personnel security determinations including whether to allow access to classified information, sensitive areas, and equipment; or to permit assignment to sensitive national security positions. The data may be subsequently used as part of a review process to evaluate continued eligibility for access to classified information or as evidence in legal proceedings. Upon request, contractor employees required to file must: a. Submit an annual financial disclosure form electronically using the SFDF. The SFDF is a web-based form that is accessible only through the FBI Intranet. Every form submitted undergoes automated analysis, and is stored in a secure database; b. Sign and submit two consent forms: Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act, (DOJ-555) and Personnel Consent to Release Information, (FD-979) to the assigned FBI Chief Security Officer. (These consent forms are used only if deemed necessary by the FBI in the event of a financial review. If a filer submitted the consent forms in a previous year, he/ she would be required to resubmit only the form if requested to do so by the assigned FBI Chief Security Officer); c. Include all requested information pertaining to the filer, his or her spouse, and any dependent children. A filer whose spouse or dependent(s) refuse to provide financial information should explain the circumstances of this refusal in the Comments Section of the SFDF.

The filer may be subject to penalties, including having access to classified information suspended, revoked, or denied. Individual circumstances are reviewed on a case by case basis. d. Not omit or provide false or misleading information on an SFDF. Filings are reviewed for accuracy and completeness, and filers may be contacted by FBI employees/contractors assigned the responsibility of the Financial Disclosure Program regarding any potential discrepancies and/or omissions. Contractor employees who meet the sited criteria are required to file and are responsible for the successful completion of the SFDF process. Refusal to submit financial disclosure information could result in the immediate removal of the employee from FBI space, restricted access to FBI information or denial of unescorted access to FBI facilities. Exceptions will be resolved on a case-by-case basis. If contract performance is impacted as a result of removal of the employee, the contractor may be found in default of the contract. If a contractor employee terminates employment and/or assignment to the FBI prior to the reporting requirement, the contractor employee is not required to file.

FBI-0009 Personnel Security - Contract Security Requirements from Acquisition Security Unit (ASU)

1.1 Personnel Security Requirements: The administrative control and maintenance of accurate records of contractors has been identified by both the Intelligence Community and FBI Executive Management as a matter of concern. With the continuous dependency on contractors to support the FBI, to include access to FBI facilities and information, if a procurement is expected to result in the acquisition of services involving the assignment of contractor personnel to FBI locations the Program Management Officer/Contracting Officer's Technical Representative (COTR), in coordination with the assigned Chief Security Officer, are required to identify during procurement planning stages, whether an acquisition will require assignment of contractor personnel to FBI locations, and therefore require the anticipated contract to include the Special Security Clause identified below in 1.2.

1.2 Special Security Requirements: Security Requirements Applicable to Contractor Personnel Assigned to FBI Locations:

Requirements are applicable to all individuals to be assigned to FBI locations, to include those identified as "Key Personnel", if specified in the contract. The contractor shall plan for expected attrition through advanced preparation and submission of required information. Award of this contract is anticipated to result in assignment of contractor personnel to FBI controlled or occupied space. Security and ethical conduct requirements, specific to the contract, to include a copy of the "Contractor & FBI Employees Ethics Standards Factsheet" are provided. Any questions that the contractor or contractor personnel may have on the applicability of these requirements shall be addressed to the Contracting Officer's Security Representative or (name of Chief Security Officer), Chief Security Officer, at (telephone number). As such, all contractor personnel assigned to such space must be briefed, in advance of arrival, by the contractor on the provided FBI policies and procedures, as identified in the contract, regarding ethical conduct and security requirements. A list of assigned Contractor personnel and verification of their briefing, shall be provided to the cognizant contractor security officer for subsequent transmittal to the proper FBI Security Officer assigned oversight of this contract. This list must be provided no later than seven (7) days in advance of the individual's scheduled date of initial performance at an FBI location.

Failure to provide the required verification of briefing will result in a delay of the individual's access to the facility. Additionally, within 15 days from assignment to FBI space, the employee must attend an FBI Security Awareness Briefing, which will further address FBI policies and procedures, as identified in FBI's Policy and Guidance Library. This training is currently satisfied through the contractor employee's attendance at the Security Division's Career Services Management Unit's quarterly contractor's training offered at FBI, 935 Pennsylvania Avenue, NW, Washington, DC. The assigned FBI Chief Security Officer will contact the employee with the date and time of their scheduled briefing. Failure to attend this briefing or make arrangements to attend a subsequent briefing will result in immediate removal of the employee from FBI space. If contract performance is impacted as a result of removal of the employee, the contractor may be found in default of the contract.