0336 RFQ v1.docx
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- Commercial Explosives
- Solicitation number
- SHOP-PR-24-000336
About this file
This is a request for quotation (RFQ) from the Federal Bureau of Investigation (FBI) Procurement Section soliciting pricing for commercial explosives and related products to be delivered to the Hazardous Devices School. The RFQ seeks pricing for 26 line items including blasting caps, sheet explosives, dynamite, detonating cords, explosive compounds, fuses, shock tube, and boosters to be delivered FOB destination within 90 days of order receipt. Quotes are due by December 27, 2023 with items 1, 14, and 16 needed by January 31, 2024. Quotes shall remain valid for 90 days and include fixed pricing, product descriptions, and contractor identifying information. Awards will be made to the lowest priced technically acceptable vendor on an item-by-item basis under this total small business set-aside.
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FEDERAL BUREAU OF INVESTIGATION
FINANCE DIVISION | PROCUREMENT SECTION
Request for Quotation Please note, this is not an Order
Date: December 7, 2023 To: Interested Vendors From: Federal Bureau of Investigation/ Finance Division Subject: Request for Quotation (RFQ) Solicitation Number: SHOP-PR-24-000336
The Federal Bureau of Investigation (FBI) Procurement Section is issuing this Request for Quotation (RFQ) to solicit pricing for the purpose of procuring products as stated below for the Hazardous Devices School. This RFQ falls under FAR Part 12 and 15. All quotes shall be FOB Destination Shipping to Redstone Arsenal, AL.
NAICS: 325920 – Explosives Manufacturing Size Standard: 750 employees.
FOB Destination Shipping and Delivery within 90 days or less after receipt of purchase order. Item numbers 1, 14, and 16 are needed by January 31, 2024. Contractors interested in competing for this effort may participate by submitting quotes in accordance with the procedures set forth in this RFQ. All quotes shall be firm fixed priced. Initial quotes may omit shipping and will be calculated at the time of award since calculating shipping would be impossible until that time.
Quotes shall be valid for at least 90 days after the closing date of the solicitation.
Questions or Requests for Additional Information shall Are Due: December 14, 2023 @ 1:00pm CST
Quotes Must Be Submitted No Later Than: December 27, 2023 @ 11:59pm CST Quotes/ Questions should be submitted to Brian Ames at bames@fbi.gov Quotations/offers sent via other means (i.e. via telephone call, facsimile transmission, etc.) will not be considered.
1. General Information
This is a RFQ for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Partial quotes will be considered, and partial awards may be made.
The resultant contracts are intended to be awarded as a one-time, firm-fixed price, single award, purchase order. This RFQ document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-04. Multiple single award contracts will be made for this acquisition. Awards will be made to the lowest price technically acceptable vendor on a per item basis. Each company may submit partial quotes for the items it wishes to compete for.
This RFQ is being conducted as a total set-aside for small business concerns. Only quotes submitted by small business concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not a small business concern will not be considered for award.
2.0 Supplies or Services
The Federal Bureau of Investigation (FBI) requests open market pricing in accordance with the products listed below. Shipping cost (within CONUS) is to be included in vendor’s pricing.
| ITEM # |
| EXPLOSIVE |
| Unit of Measure |
| QTY |
| 1 |
| Blasting Cap Electric 12 FT |
| Each |
| 3500 |
| 2 |
| HELIX-1 Solid |
| Each |
| 150 |
| 3 |
| HELIX-1 Liquid |
| Each |
| 150 |
| 4 |
| C1 Sheet Explosive |
| per 65-70lb roll |
| 4 rolls |
| 5 |
| C2 Sheet Explosive |
| per 50-55lb roll |
| 6 rolls |
| 6 |
| C3 Sheet Explosive |
| per 50-55lb roll |
| 4 rolls |
| 7 |
| C6 Sheet Explosive |
| per 50-55lb roll |
| 2 Rolls |
| 8 |
| Dynamite Unimax 1-1/4" X 8" |
| Each |
| 264 |
| 9 |
| Det Cord 40 Grain |
| Per Foot |
| 8000 ft |
| 10 |
| Det Cord 200 Grain |
| Per Foot |
| 800 ft |
| 11 |
| #8 Blasting Cap, Fuse Type |
| Each |
| 200 |
| 12 |
| 1.1 Comp C4 M112, 1.25LB |
| Each |
| 20 |
| 13 |
| Comp C4 Explosive 1/2" LB |
| Each |
| 1000 |
| 14 |
| Blasting Cap Shocktube Inst Dyno PrimaDet 100' |
| Each |
| 1000 |
| 15 |
| Military 1.4 Safety Fuse, ODGreen |
| Per Meter |
| 3000 meters |
| 16 |
| Fuse Igniter/Lighter 2020 |
| Each |
| 2000 |
| 17 |
| Fuse Lighter M81 |
| Each |
| 1000 |
| 18 |
| Shock Tube Lead Line Yellow |
| Per Foot |
| 1 million feet |
| 19 |
| Blasting Cap, Shocktube Inst Dyno Primadet 12-16' |
| Each |
| 1000 |
| 20 |
| Semtex 1A-Red 1/2 Kilo Block |
| Each |
| 20 |
| 21 |
| 1.1 TNT Pressed Blocks |
| Each |
| 1000 |
| 22 |
| Kinepak Solid |
| Each |
| 150 |
| 23 |
| Kinepak Liquid |
| Each |
| 150 |
| 24 |
| Pentolite Booster 200gm |
| Each |
| 500 |
2.1 Shipping & Delivery Requirements
All deliveries under this order shall be FOB destination and delivered to:
HDS
Attn: Steve Cantrell 7012 Redstone Rd Redstone Arsenal, VA, 35808
3.0 Quotation Requirements
· New products only shall be accepted for this procurement. No grey market products shall be accepted.
· All quotes shall be firm fixed price.
· Offers shall be valid for 90 calendar days from closing of posting.
· Delivery must be made within 90 days or less after Receipt of Order (ARO).
Please include in your quote: pricing and product description for each line item listed above. Quote may be sent via your company’s standard quotation form but must include the following information: Tax ID #, UEI #, Point of Contact with email and telephone information.
| 4.0 | Process Schedule |
| 4.1 | Submission of Questions |
Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions may be submitted to the attention of Brian Ames at bames@fbi.gov, no later than December 14, 2023 at 1:00pm CST.
4.2 Submission of Quotations
Quotations/offers and any accompanying information shall be submitted via email to the attention of Brian Ames, Contract Specialist, at bames@fbi.gov, no later than December 27, 2023 at 11:59 pm CDT Quotations/offers sent via other means (i.e. via telephone call, facsimile transmission, etc.) will not be considered. Offerors are hereby notified that quotations received after the date, time, and location specified above will not be considered. Offers must be valid for 90 calendar days after submission.
5.0 Terms and Conditions
The selected offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference:
FAR 52.204-7 System for Award Management FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.204-22 Alternative Line Item Proposal FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation FAR 52.212-1 Instruction to Offerors-Commercial Items FAR 52.212-3 Offeror Representations and Certifications-Commercial Items-the selected offeror must submit a completed copy of the listed representations and certifications.
FAR 52.212-4 Contract Terms and Conditions-Commercial Items FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.243-1 Changes – Fixed Price FAR 52.244-6 Subcontracts for Commercial Items FAR 52.246-2 Inspection of Supplies-Fixed-Price FAR 52.246-16 Responsibility for Supplies FAR 52.249-1 Termination for Convenience of Government (Fixed Price)
The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
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 products and commercial services:
(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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.)
__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
XX (10) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
XX (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (12) [Reserved].
__ (13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (14) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (15) [Reserved] XX (16) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (17) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (18) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).
__ (19) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2023) of 52.219-9.
__ (20) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (21) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (22) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).
__ (24) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (25) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
__ (26) 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 (Oct 2022) ( 15 U.S.C. 637(m)).
__ (27) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (28) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
XX (29) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
XX (30) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .
XX (31) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XX (32) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
XX (33) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
XX (34) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (35) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
XX (37) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 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).
__ (38) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (39) (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.)
__ (40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (42) (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.
__ (43) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (44) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (45) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
XX (46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (47) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (48) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (49) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
XX (50) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
XX (51) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (NOV 2023) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (52) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XX (53) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (54) 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. Subtitle A, Part V, Subpart G Note).
__ (55) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (57) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (58) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (59) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
XX (60) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (61) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (62) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) 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 products and commercial services:
[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 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).
__ (6) 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).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(viii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(ix) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(x) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xiii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xv) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xvi) 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).
(xvii) 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).
(xviii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xx) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxi) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxii) 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. Subtitle A, Part V, Subpart G Note).
(xxiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
DJAR-PGD-02-02A Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment document, the contractor agrees to this restriction. [In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.].
(End of Clause) DJAR-PGD-02-02B Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems The Department of Justice (DOJ) will no longer permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment document, the contractor agrees to this restriction with respect to all new employees utilized directly to perform duties on the contract. Non-U.S. citizens currently employees under this contract or commitment may continue performance unless otherwise directed by the Department of Justice. No new, replacement, or additional Non-U.S. citizens may be added to the contract without the express approval of the Department of Justice. [In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.].
(End of Clause)
Contractor Internal Confidentiality Agreements Or Statements Prohibiting Or Restricting Reporting Of Waste, Fraud, And Abuse – Solicitation (Deviation 2015-02)(March 2015) None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with any entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
6.0 System for Award Management (SAM) Requirement
Please ensure your firm is registered in System for Award Management (SAM) - All vendors must be registered in SAM, effective July 29, 2012, to receive government contracts. The FBI utilizes a financial system that has a direct interface with the SAM. 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 SAM information is updated and accurate. This includes: TIN, EFT, DUNs, addresses and contact information. The EFT banking information on file in SAM will be what the FBI uses to process payment to your organization.
7.0 Evaluation Factors
The quotation received from vendor will be evaluated for compliance with the product(s) and/or service(s) requested in section 2.0 above. Each item will be reviewed, and a contract will be awarded to the lowest price technically acceptable vendor on an item by item basis.
8.0 Attachments
N/A.
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