15A00018R00000091_Amendment_7_Ballistic_Shields.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

08/31/2018

4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

15A000CODE

ATF - ACQUISITIONS BRANCH

Jim Huff 99 New York Ave. NE Washington, DC 20226

Jim Huff

(O) 2026489117

(F) 2026489654 James.Huff@ATF.gov

6. ISSUED BY 15A000CODE

ATF - Property, Acquisitions and Safety Division (PASD) 99 New York Ave NE

WASHINGTON, DC 20226

DIVISION CHIEF

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15A00018R00000091

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

08/08/2018

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment # 7 is here by issued to remove the words “to include Picture and Specification” from the solicitation on Page 5 of 63, Section B, B.1.

FAR Clause 52.209-4 First Article Approval is added to the solicitation, see page 23 of 63. Shipping addresses will be anywhere in Continental United States (CONUS) and Outside Continental United States (OCONUS) to include but not limited to Alaska, Hawaii, Puerto Rico, Guam and Philippines. All other terms and conditions will remain the same.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

James M. Huff Contract Specialist

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

08/31/2018 Previous edition unusable STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

15A00018R00000091/0007 Page 1 of 63

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section B Supplies or Services and Prices/Costs 3 Contract Clauses

Section C Descriptions and Specifications Section D Packaging and Marking Section E Inspection and Acceptance Section G Contract Administration Data ATF-46 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) ATF-47 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award (DEVIATION 2015-02) (March 2015) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

ATF-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-21 ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT

ATF-40 Establishing a Minimum Wage for Contractors (Deviation) ATF-41 Department Policy on Domestic Violence, Sexual Assault, and Stalking 52.225-3 Alt II Buy American - Free Trade Agreements - Israeli Trade Act (May 2014) - Alternate II (May 2014) 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan - Certification (Aug 2009) 52.202-1 Definitions (Nov 2013) 52.203-7 Anti-Kickback Procedures (May 2014) 52.209-4 First Article Approval - Government Testing (Sept 1989) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.225-5 Trade Agreements (Oct 2016) 52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jul 2018) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (May 2014) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.233-3 Protest after Award (Aug 1996) 52.225-1 Buy American - Supplies (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.225-3 Buy American - Free Trade Agreements - Israeli Trade Act (May 2014) 52.225-3 Alt I Buy American - Free Trade Agreements - Israeli Trade Act (May 2014) - Alternate I (May 2014)

4 List of Attachments 5 Solicitation Provisions

52.225-18 Place of Manufacture (Mar 2015) 52.225-2 Buy American Certificate (May 2014) 52.225-4 Buy American - Free Trade Agreements - Israeli Trade Act Certificate (May 2014) 52.225-6 Trade Agreements Certificate (May 2014) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Oct 2015) 52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2017) ATF-43 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Solicitation (DEVIATION 2015-02) (March 2015) ATF-44 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) Section L Instructions, Conditions and Notices to Bidders 52.233-2 Service of Protest (Sept 2006) 52.212-1 Instructions to Offerors--Commercial Items (Jan 2017)

15A00018R00000091/0007 Page 2 of 63

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.204-7 System for Award Management (Oct 2016) Section M Evaluation Factors for Award

15A00018R00000091/0007 Page 3 of 63

Section 2 - Commodity or Services Schedule

Ballistic Shields for ATF, DEA and USMS

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year

Ballistic Shields

Rectangular in shape with the width being 12 inches and the length being 24 inches. ATF will allow a variance of 1/2 inch to each measurement and width . The shield will not exceed 1 1/2 inches in thickness. Not to exceed 15.5 pounds.

Line Period of Performance: 09/01/2018 - 08/31/2019

Previous :

300.000000

Change: 0.000000

Current :

300.000000

EA $____________ $___________________

0002 Base Year

Ballistic Shields

Rectangular in shape with the width being 9 1/2 inches and the length being 24 inches. ATF will allow a variance of 1/2 inch to each measurement and width . The shield will not exceed 1 1/2 inches in thickness. Not to exceed 15.5 pounds.

Line Period of Performance: 09/01/2018 - 08/31/2019

Previous :

150.000000

Change: 0.000000

Current :

150.000000

EA $____________ $___________________

0003 Base Year

Ballistic Shields

24 inches in length with the width being 12 inches above the placement of the handle and 9 inches in width below the placement of the handle. ATF will allow a variance of 1/2 inch to each measurement and width . The shield will not exceed 1 1/2 inches in thickness. Not to exceed 15.5 pounds.

Line Period of Performance: 09/01/2018 - 08/31/2019

Previous :

100.000000

Change: 0.000000

Current :

100.000000

EA $____________ $___________________

0004 Option Year One

Ballistic Shields

Rectangular in shape with the width being 12 inches and the length being 24 inches. ATF will allow a variance of 1/2 inch to each measurement and width . The shield will not exceed 1 1/2 inches in thickness. Not to exceed 15.5 pounds.

Line Period of Performance: 09/01/2019 - 08/31/2020

Previous :

300.000000

Change: 0.000000

Current :

300.000000

EA $____________ $___________________

0005 Option Year One

Ballistic Shields

Rectangular in shape with the width being 9 1/2 inches and the length being 24 inches. ATF will allow a variance of 1/2 inch to each measurement and width . The shield will not exceed 1 1/2 inches in thickness. Not to exceed 15.5 pounds.

Line Period of Performance: 09/01/2019 - 08/31/2020

Previous :

150.000000

Change: 0.000000

Current :

150.000000

EA $____________ $___________________

0006 Option Year One

Ballistic Shields

24 inches in length with the width being 12 inches above the placement of the handle and 9 inches in width below the placement of the handle. ATF will allow a variance of 1/2 inch to each measurement and width . The shield will not exceed 1 1/2 inches in thickness. Not to exceed 15.5 pounds.

Previous :

100.000000

Change: 0.000000

EA $____________ $___________________

15A00018R00000091/0007 Page 4 of 63

Line Period of Performance: 09/01/2019 - 08/31/2020 Current :

100.000000

0007 Option Year Two

Ballistic Shields

Rectangular in shape with the width being 12 inches and the length being 24 inches. ATF will allow a variance of 1/2 inch to each measurement and width . The shield will not exceed 1 1/2 inches in thickness. Not to exceed 15.5 pounds.

Line Period of Performance: 09/01/2020 - 08/31/2021

Previous :

300.000000

Change: 0.000000

Current :

300.000000

EA $____________ $___________________

0008 Option Year Two

Ballistic Shields

Rectangular in shape with the width being 9 1/2 inches and the length being 24 inches. ATF will allow a variance of 1/2 inch to each measurement and width . The shield will not exceed 1 1/2 inches in thickness. Not to exceed 15.5 pounds.

Line Period of Performance: 09/01/2020 - 08/31/2021

Previous :

150.000000

Change: 0.000000

Current :

150.000000

EA $____________ $___________________

0009 Option Year Two

Ballistic Shields

24 inches in length with the width being 12 inches above the placement of the handle and 9 inches in width below the placement of the handle. ATF will allow a variance of 1/2 inch to each measurement and width . The shield will not exceed 1 1/2 inches in thickness. Not to exceed 15.5 pounds.

Line Period of Performance: 09/01/2020 - 08/31/2021

Previous :

50.000000

Change: 0.000000

Current :

50.000000

EA $____________ $___________________

Section B Supplies or Services and Prices/Costs

15A00018R00000091 SECTION B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 BALLISTIC SHIELDS BEING PROCURED

The Bureau of Alcohol, Tobacco, Firearms and Explosives contemplates the award of a Single Award Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contract for Ballistic Shields for the ATF Oper-ational Equipment Branch (OEB). Contractor must provide supplies listed in the specifications in Section C.

Contractor must be able to supply all items listed in the specifications. All other specifications must be Meet or Exceed the specifications listed in Section C. This is a Best Value Tradeoff Requirement.

15A00018R00000091/0007 Page 5 of 63

B.2 SAMPLE

One sample (24 x 12) shall be provided at no cost to the Government and will become property of the Government.

B.3 TERM OF CONTRACT

The contract shall be for a period of twelve (12) months from the date of contract award, plus Two, one year option periods subject to the Government's discretion to extend the term of the contract.

B.4 GOVERNMENT OBLIGATION

The Government’s minimum obligation under this contract is to order one (1) each ballistic shield for the life of the contract. No orders are required after the minimum obligation has been reached. The maximum ceiling under this contract is $1,300,000.00 or 1,600 Ballistic Shields. ATF, DEA and USMS will have permis-sion to order off the single award Indefinite Delivery, Indefinite Quantity (IDIQ) per permission of the ATF Contracting Officer. Each agency will be able to award their own delivery order. The quantities listed in the Section B Schedule Supplies or Services and Price /Costs and Section 2 Commodity or Services Schedule are estimated quantities. Actual ordered quantities may be higher or lower, provided the total quantities for all items does not exceed 1,600 across all Agencies for the life of the contract.

B.5 DELIVERY ORDER

Ballistic Shields will be delivered in response to funded delivery orders issued against this contract. De-livery orders issued against the contract shall serve as funding documents. Because this is an IDIQ requirement, the awarded contract will not be the funding document. Each delivery order must reference the awarded con-tract number assigned by ATF. The Government expects delivery time to destination on any given delivery or-der on average not to exceed sixteen (16) weeks.

15A00018R00000091/0007 Page 6 of 63

B.6 PERIOD OF PERFORMANCE

BASE PERIOD: 09/01/2018 thru 08/31/2019

OPTION PERIOD ONE: 09/01/2019 thru 08/31/2020

OPTION PERIOD TWO: 09/01/2020 thru 08/31/2021

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment 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 exer-cise 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 agree-ment 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 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 reason-able 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;

15A00018R00000091/0007 Page 7 of 63

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

(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 con-tract.

(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, includ-ing 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 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.

15A00018R00000091/0007 Page 8 of 63

(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 de-mand 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 32.608-2 of the Federal Acquisi-tion Regulation 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.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, 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 particu-lar 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.

15A00018R00000091/0007 Page 9 of 63

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu-lations 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 limita-tions 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. 2409 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 or-der:

(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) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Govern-ment's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of-ficer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM in-formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform-ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately re-gistered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Sus-pension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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 requir-

15A00018R00000091/0007 Page 10 of 63 ing 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 ap-pearing 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.

(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 Items (Jan 2017)

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 Descriptions and Specifications

15A00018R00000091

Specifications

Clear/transparent ballistic shield NIJ III-A certified. The clear ballistic material will be made of a polycarbonate laminate. The ballistic shield material is to be fully transparent.

The ballistic shield can consist of one or multiple pieces of cut clear ballistic material. If the shield consists of multiple pieces of laminate, those pieces must be bonded together with an adhesive that does not affect the clar-ity or transparency of the shield. The bonding material must cover the entire surface of the material it is being used to bond.

The shield will be available in 3 different size configurations:

1. Rectangular in shape, with the width being 12 inches and the length being 24 inches. ATF will allow a variance of ½ inch to each measurement of length and width. The shield will not exceed 1 ½ inches in thickness.

2. Rectangular in shape, with a width being 9 ½ inches and the length being 24 inches. ATF will allow a variance of ½ inch to each measurement of length and width. The shield will not exceed 1 ½ inches in thickness.

3. 24 inches in length with the width being 12 inches above the placement of the handle and 9 inches in width below the placement of the handle. ATF will allow a variance of ½ inch to each measurement of length and width. The shield will not exceed 1 ½ inches in thickness.

The ballistic shield, regardless of size configuration, is not to exceed 15.5lbs.

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The shield will provide a handle with a supportive strap to go over the forearm. The handle will be made of stainless steel or another non-corrosive material. The handle will be placed in the middle of the shield, 6-8 inches from the top of the shield. The handle must not be attached in a manner that when the shield is held in front of the shield operator’s face the top of the shield operator’s head is exposed. All attachments to the shield will be with bolts that are made of stainless steel or other non-corrosive material. The shield will be able to be manipulated with only one arm.

Shield must provide the ability to mount a lighting system that will be available if requested. The total weight of the shield with the light still should not exceed the weight limit of 15.5lbs.

The shield will provide a law enforcement identifier, black in color, that states ‘POLICE’. The identifier will not interfere with the ability to look through the shield and must be positioned so it is not in the shield operat-or’s field of view.

Each ballistic shield must have its own distinct serial number for identification.

The shield must come with a warranty for a minimum of 5 years. The warranty will cover the shield from man-ufacturing defects, yellowing, separation of the polycarbonate laminate, cracking of the polycarbonate laminate, rusting of the metal components, and other defects associated with the shield’s manufacturing.

The manufacture must agree that each shield must be subject to inspection and approval by ATF to ensure the equipment has no visible flaws or defects prior to receipt.

The manufacture will supply maintenance and care instructions with each ballistic shield.

The shield will be tested by ATF to evaluate ballistic integrity. The equipment will be evaluated on its ability to withstand penetration of .44 caliber handgun rounds and the effect those rounds have on the functionality of the shield.

Shield will be evaluated on its ability to withstand ‘spidering’ or ‘spawling’ of the laminate material which may result from an impact to it’s surface.

Section D Packaging and Marking

15A00018R00000091 SECTION D

SECTION D - PACKAGING AND MARKING

Except as specifically provided in an order, all postage and fees related to the delivery of sup-plies throughout the life of the contract, submission of information, including but not limited to forms, reports, supporting, supporting documentation, etc. shall be paid by the Contractor. The Government shall not be responsible for costs associated with proposal preparation.

Section E Inspection and Acceptance

15A00018R00000091 SECTION E

SECTION E - INSPECTION AND ACCEPTANCE

The ballistic shields from future funded delivery orders will be inventory and inspected for gen-

15A00018R00000091/0007 Page 12 of 63 eral specifications. If the ballistic shield received does not meet the agreed specifications, the shield will be returned at the expense of the contractor for a replacement shield.

Section G Contract Administration Data

15A00018R00000091 SECTION G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

The resultant contract will be administered by:

Department of Justice

Bureau of Alcohol, Tobacco Firearms and Explosives

Property, Acquisition and Safety Division (PASD)

99 New York Avenue NE

Washington, D.C. 20226

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POC Jim Huff Contracting Officer james.huff@atf.gov PH# 202/648-9117

G.2 CO- CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Andrea Price

Special Operation Division

Phone 202/648-8413

Cell# 202/557-0584

E-Mail Andrea.Price@atf.gov

Scope of Specific COR Responsibilities.

This designation is limited to the responsibilities and authority contained below and does not confer authority to grant any deviation from contract provisions. The COR shall be careful to ensure the he or she does not alter the terms and conditions of the contract. The specific responsibilities of the COR may include:

1. Maintain the COR file.

2. Maintain a list of cleared contractor and subcontractor personnel (names and social security numbers.)

3. Document in writing technical instructions to the contractor;

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4. Review and submit recommendations to the contracting officer on subcontracts.

5. Monitor the contractor's performance to ensure that it is strictly within the scope of the contract.

6. Promptly review reports, approve and keep adequate inspection and testing reports.

7. Accept deliverables.

8. Refer matters that may affect the contract to the contracting officer;

9. When the contractor is known to be behind schedule, inform the contracting officer with the reasons; co-ordinate corrective action necessary to restore the contract schedule with the contracting officer.

10. Furnish the contracting officer a copy of Government/contractor reports and correspondence.

11. Request the contracting officer authorize Government-furnished property and furnish the CO with disposi-tion of Government--furnished property or contractor-acquired property;

12. Monitor contractual spending.

13. Review contractor invoices to ensure that they reflect accurately the work completed and deliverables received in accordance with the require-ments of the contract. Certify acceptance under the contract. Submit invoice to the Financial Management Division, and provide a copy of the accep-ted contractor invoice to the contracting officer;

14. Formally request the contacting officer issue government desired changes in the work or services, and delivery schedule in a written modification before the contractor proceeds with the changes;

15. Report suspected fraud, bribery, conflicts of interest, and other improper conduct to the contracting officer.

16. Forward to the contracting officer any contractor request for public release of information regarding work being performed under the contract.

17. Notify the contracting officer of any inventions developed by the contractor during the performance of the contract.

18. When required, furnish the contracting officer with a formal request for contract termination.

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19. Upon expiration of the contract attest in writing that the contractor has completed performance under the contract, has delivered all requirements and all goods and services are accepted.

20. Certify that the contractor employees have followed the proper checkout procedures when contractor personnel no longer require access to ATF facilities. The COR must ensure that the contractor completes the separation checklist for their personnel, and submits it to the COR. The COR will certify it, maintain the original in the COR file and provide a copy to the contracting officer.

21. Submit annual and final performance evaluation reports of contractor performance as required in the NIH database. A notice of satisfactory or unsatisfactory completion should be included with the fi-nal performance evaluation report

ATF-46 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015)

Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memor-andum of understanding, or cooperative agreement with a corporation –

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a de-termination that this further action is not necessary to protect the interests of the Government, or

(2) 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 re-sponsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or 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 is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judi-cial 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.

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ATF-47 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award (DEVIATION 2015-02) (March 2015)

Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Ab-use – Award (DEVIATION 2015-02) (March 2015)

By accepting this award or order, 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 em-ployees 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.

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2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a haz-ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi-al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir-ing safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the pres-ence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, dis-covers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will consti-tute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

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ATF-14 ELECTRONIC INVOICING

ELECTRONIC INVOICING (Revised October 27,2008)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically. Invoicing electron-ically saves time, money, and physical storage space for both the Government and the contractor.

Each invoice must be a proper invoice in accordance with Federal Acquisition Regulations (FAR) 32.905(b). The contractor may sub-mit a combined invoice with each ATF contract/order number. The invoice must clearly identify the specific Contract Line Item (CLIN) or item number for which the contractor is seeking payment under the contract/order. If the invoice covers multiple CLINs or item numbers, the invoice must clearly identify specific amounts and activity applicable to each.

Electronic invoices must be submitted to the ATF Contracting Officer's Representative (COR)/POC named in Section G/Section

3.3 of this contract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as the offi-cial original copy. The e-mail subject line must contain the name of the ATF COR/POC named in Section G/Section 3.3 of the oblig-ation document, the Order/Award number, the Invoice number and Vendor name (i.e.: John Doe_DJAxxxxxxxxx_Invoice #xxx_ABC, Inc.). ATF will return to the vendor any invoices that do not contain the correct subject line information.

Contractors who are unable to submit electronic invoices may mail their invoices to the COR/POC named in Section G/Section 3.3 of this contract and FMD address provided below:

Bureau of Alcohol, Tobacco, Firearms & Explosives Attn: Finance Branch EXPEDITE CONTRACT INVOICE 99 New York Avenue, NE Mail Drop 4S-288 Washington, DC 20226

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ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILTY INQUIRIES (Revised December 18,2013)

ATF contractors are required to provide quarterly contractor accounts payable liabilities. These quarterly submissions require contract-ors to update information on unpaid bills and non-invoiced activity.The quarterly submissions must be received by these dates:

December 10th for the quarter ending December 31; March 10th for the quarter ending March 31; June 10th for the quarter ending

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June 30th; and September 10th for the quarter ending September 30th.The information will be used for the preparation of ATF's Fin-ancial Statements purpose only.

The contractor will use the ATF's internet websites listed below to access the Periodic Vendor Query Instructions and Vendor Query Spreadsheet to submit their quarterly submissions. The contractor must fill in the columns as requested in the Periodic Vendor Query Instructions, along with the name/title and date in the Vendor Query Attachment Worksheet. The contractor's company name alone has to be entered in the subject line of the e-mail and submit this information to VEInquiry@ATF.gov and the ATF Contracting Of-ficer's Representative (COR)/Point-of-Contact (POC) named in Section G of this contract.

Business Opportunities Page: http://www.atf.gov/content/contact-us/business-opportunities Vendor Query Instructions: http://www.atf.gov/content/contact-us/business-opportunities/vendor-query-instructions Excel Spreadsheet: http://www.atf.gov/files/about/business-opportunities/documents/vendor-query-template.xls

Contractors who are unable to submit this information via e-mail, must have this information mailed and received by the due dates stated above to the ATF COR/POC named in Section G of this contract and…