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  • 1. U.S. Department of Justice Federal Bureau of Investigation Quantico, VA 22135 February 3, 2014 All Offerors: Subject: Request for Quote (RFQ) 1307A This is a combined synopsis/solicitation 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. This Request for Quote (RFQ) is being conducted as a 100% Small Business SetAside. This requirement falls under NAICS code 541512 and the size standard is $25.5 Million. This notice is distributed solely through the General Services Administration’s Federal Business Opportunities (FBO) website, www.fedbizopps.gov. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Interested parties are responsible for monitoring this website to ensure they have the most up-to-date information about this acquisition. This RFQ incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-72, Effective January 1, 2014. The RFQ number is RFQ1307A and shall be referenced on all quotes. Schedule of Events The following Schedule of Events is included for your guidance. Although every effort will be made to strictly adhere to this schedule, the FBI reserves the right to change these dates as necessary. Event Date Release of RFQ…………………………………………………………………………….February 3, 2014 Questions Due…………………………………………………………………………….February 7, 2014, 10:00 am, Eastern Responses to questions will be posted on this site. Quotes Due…………………………………………………………………………………February 14,2014, 10:00 am, Eastern Sincerely, Margaret D. Einspahr Margaret D. Einspahr Contracting Officer Science and Technology Contracts Unit Procurement Section Finance Division
  • 2. 1.0 INTRODUCTION The Federal Bureau of Investigation (FBI) intends to award a Firm Fixed Price, one-time delivery order for the purchase of malware in accordance with all terms, conditions, provisions, specifications and schedules of this solicitation herein. The quote shall contain the Offeror’s best terms for cost/price and technical capabilities of the requirement, as contract award may be based on initial quote received. The government reserves the right to award without discussions. 1.1 Background The Operational Technology Division (OTD), Investigative Analysis Unit (IAU) of the FBI has the following mission: Provide technical analysis of digital methods, software and data, and provide technical support to FBI investigations and intelligence operations that involve computers, networks and malicious software. The IAU has a team of highly trained technical analysts, specialists and engineers providing on-scene technical support, employing innovative, custom developed analytical methods and tools to analyze collected data. Critical to the success of the IAU is the collection of malware from multiple industry, law enforcement and research sources. 2.0 REQUIREMENT The collection of malware from multiple industries, law enforcement and research sources is critical to the success of the IAUs mission to obtain global awareness of malware threat. The collection of this malware allows the IAU to provide actionable intelligence to the investigator in both criminal and intelligence matters. 2.1 Product Pricing The Offeror shall submit price quotes for malware, to the specifications listed in Section 2.2 below. Please enclose the established price list and description of capabilities and specifications for the requested deliverables. The Offeror shall include a description of any support services or warranty information in the technical quote. 2.2 Description Item 0001 Malware 2.2.1 Qty 1 Functional Requirements Feed shall: i. Contain a rollup of sharable malware as included in the malicious URL report ii. Be organized by SHA1 signatures iii. Be updated once every 24 hours iv. Be a snapshot of the prior 24 hours v. Be, on average, 35 GB per day and include the following file types: 1. Executable file types from Unix/Linux, Windows and Macintosh 2. Archives files 1
  • 3. 3. Image files 4. Microsoft Office documents 5. Audio and Video files 6. RTF files 7. PDF files 8. PHP files 9. PHP files 10. JavaScript files 11. HTML files vi. Be able to retrieve feed in an automated way through machine-to-machine communication vii. Initiations of accessing feed shall be pulled by IAU not pushed to IAU The salient characteristics identified above are intended to be descriptive, not restrictive, and to indicate the quality and characteristics of the product that will be satisfactory. While the above sets forth the minimum requirements for the technical response, the stated requirements are not intended to limit the offeror’s initiative and ingenuity. The technical response may be expanded to include issues considered by the offeror to be appropriate. The FBI reserves the right to request a sample product for test and evaluation purposes. If a test sample is requested, the vendor will be notified when and where to send the sample. Given the nature of the solicitation, any test/sample product(s) will be removed/deleted at the conclusion of testing. To ensure that sufficient information is available, the Offeror must furnish, as a part of the quote, all descriptive material necessary for the purchasing activity to determine whether the product meets the salient characteristics of this requirement. Vendors proposing to modify a product to make it conform to the requirements of this announcement shall include a clear description of the proposed modification and clearly mark any descriptive material to show the proposed modification. 2.2 Place of Delivery The contractor shall deliver all required items to the following address: Federal Bureau of Investigation Engineering Research Facility Building 27958A Quantico, VA 22135 Attention: Supply Technician 2.3 Contract Administration This contract shall be administered by the Contracting Officer (CO) identified below: Federal Bureau of Investigation Engineering Research Facility Attention: Margaret D. Einspahr Building 27958-A Quantico, VA 22135 Telephone #: 703-985-6639 FAX #: 703-985-6636 E-mail: margaret.einspahr@ic.fbi.gov 2
  • 4. 3.0 TERMS AND CONDITIONS The solicitation documentation and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2005-72, Effective January 1, 2014. 3.1 52.252-2 Clauses Incorporated by Reference Feb 1998 This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.arnet.gov/far OR www.far.npr.gov/references/policyletters 3.1.1 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations Representation May 2011 3.1.2 52.212-4 Contract Terms and Conditions – Commercial Items Sept 2013 3.1.3 Add to (g) Invoice: Small Business Accelerated Payment The contractor must indicate its business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB memo M-1132, “Accelerating Payments to Small Businesses for Goods and Services,” dated 10/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days. 3.1.4 Add to (o) Warranty: Warranty terms must be returned with the proposal. Conditions of an extended warranty on all required equipment and related services provided will be considered by the FBI during evaluations. 3.2 Clauses Incorporated by Full Text 3.2.1 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items Jan 2014 (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). _Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] 3
  • 5. (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5). X (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). X (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (11) [Reserved] X (12) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d) (2) and (3)). (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d) (4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a) (14)). (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) ( (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a) (2)). (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). 4
  • 6. X X X X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 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 offthe-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) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). X (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d). (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C. 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 (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) of 52.225-3. (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (48) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332). (49) 52.232-34, Payment by Electronic Funds Transfer —Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). X (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 5
  • 7. (52)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.). (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110247). (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 in excess of the simplified acquisition threshold, 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 items. 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. 6
  • 8. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 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). 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 3.3 Provisions Incorporated by Full Text 3.3.1 Inverted Domestic Corporations Section 743(a) of Division D of the Omnibus Appropriations Act, 2009, prohibits the Federal Bureau of Investigation from entering into any contract with any foreign incorporated entity which is treated as an inverted domestic corporation under Section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. § 395(b)) or any subsidiary of such entity. This prohibition does not apply to contracts entered before March 11, 2009, or to any task orders issued pursuant to such contracts. The Attorney General shall waive prohibitions in the interest of national security. The Contractor under this solicitation warrants that: ___ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395(b); ___ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395(b), but it has submitted a request for waiver or plans to submit a request for waiver. A copy of the approved waiver, if a waiver has been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. 7
  • 9. The Contractor warrants that if at any time after award it discovers it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395(b) and a waiver was not obtained, the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer. The Government may, however, terminate the contract at no cost to the Government. 3.3.2 2852.233-70 Protests Filed Directly with The Department of Justice Jan 1998 (a) The following definitions apply in this provision: (1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice. (2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official. (3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. (b) A protest filed directly with the Department of Justice must: (1) Indicate that it is a protest to the agency. (2) Be filed with the Contracting Officer. (3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest. (4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official. (5) Include the information required by FAR 33.103(d) (2): (i) Name, address, facsimile number and telephone number of the protestor. (ii) Solicitation or contract number. (iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor. (iv) Copies of relevant documents. (v) Request for a ruling by the agency. (vi) Statement as to the form of relief requested. (vii) All information establishing that the protestor is an interested party for the purpose of filing a protest. (viii) All information establishing the timeliness of the protest. (c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest. (d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest. (e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties. (f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official. 8
  • 10. (g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable. (h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest. (i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn. (j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written. (k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice. (End of Provision) 3.3.3 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) Jan 2012 (a) In accordance with sections 543 and 544 of Title Y, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L. 112-55), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation (1) convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or, (2) with an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) By accepting this award or order, in writing or by performance the offeror/contractor represents that(1) the offeror/contractor is not a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months; and, (2) the offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 3.3.4 52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information 9
  • 11. with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es): www.arnet.gov/far OR www.far.npr.gov/references/policyletters 3.3.5 52.212-2 Evaluation—Commercial Items Jan 1999 Add the following to (a): The following factors will be used to evaluate offers: Lowest Price Technically Acceptable. (End of Provision) 3.3.6 52.212-3 Offeror Representations and Certifications — Commercial Items Nov 2013 (Please note: all offerors and prospective contractors must be registered with the Online Representations and Certifications Applications (ORCA) website at http://orca.bpn.gov or must provide a completed copy of 52.212-3 with their quotation) 3.3.7 5 2.212-1 Instructions to Offerors – Commercial Items (i) Jul 2013 Add to (b) Submission of Offers (12) Quotes shall be submitted by email to Margaret D. Einspahr, Contracting Officer, and are due February 14, 2014, 10:00 am, Eastern. Quotes shall be clearly marked RFQ1307A. Offerors are hereby notified that if their quotes are not received by the date, time and location specified in this announcement, it will not be considered by the agency. Telephone request will not be considered. The awardee shall be registered in the System for Award Management (SAM) databases prior to receiving an award. Information concerning SAM requirements may be accessed at http://www.sam.gov or by calling the GSA Federal Service Desk at 1-866-606-8220. (ii) Add to (b) Submission of Offers (13) The following instructions establish the acceptable minimum requirements for the format and content of quotes. (a) Authorized Official and Submission of Quote The quote must include a statement signed by an official authorized to bind the organization and should stipulate that it is predicated upon all of the terms and conditions of this RFQ. To expedite the quote evaluation, all documents required for responding to the RFQ should be placed in the following order:   Part I: Technical Quote Section 1 – Technical o Technical Specifications of Required Items Part II: Business o Quote Section 2 – Cost 10
  • 12. It is recommended that the Part include a cover page and the information identified above. The Cover Page should include RFQ title and number, name of organization, identification of the quote part. (i) Technical Quote Instructions – Part I To ensure that sufficient information is available, the vendor must furnish as part of their quote, all descriptive material necessary for the purchasing activity to determine whether the product meets the necessary characteristics of this requirement, see Section 2.2 of this solicitation. Pricing for this equipment shall only be listed in the Business Quote, Volume II. The Offeror may also include any warranty, technical support help desk services, or any other options that may be useful to the Government. These supplemental services or options shall not replace any of the functionality or capabilities of the originally required equipment but may be used to enhance the overall contract package. (ii) Business Quote Instructions – Part II In Part II only, the Offeror shall provide pricing information for all required malware according to the specifications required by the solicitation. Please quote price (unit price and total cost), FOB destination, estimated delivery time, and all other terms as required, including warranties. In addition to the above pricing information, the Offeror shall submit a statement signed by an official authorized to bind the organization and should stipulate that it is predicated upon all of the terms and conditions of this RFQ. (b)Delivery Instructions All quotes and associated required documentation must be submitted by February 14, 2014, 10:00 am, Eastern. 4.0 Commitment The Contracting Officer, Margaret D. Einspahr, is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed procurement. Any other commitment, either explicit or implied, is invalid. No oral statement of any person, Government or Contractor, shall modify or otherwise affect the terms, conditions, or specifications stated in this contract. All modifications of the contract must be made in writing by the CO. 11