15A00021R00000007 Amendment 2 Distribution Supply and Service Center Contract (Posted Dec 4th 2020.pdf

15A00021R00000007/0002 Page 1 of 89

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

12/04/2020

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

15A000CODE

ATF - ACQUISITIONS BRANCH

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

James 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

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15A00021R00000007

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

11/06/2020

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 __1__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 #2 is being issued to remove FAR Clauses 52.225-1 which was erroneously added on Amendment #1. 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

(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

12/04/2020 Previous edition unusable STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

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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

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued) Section C Descriptions and Specifications Section D Packaging and Marking Section E Inspection and Acceptance 2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985) Section G Contract Administration Data

ATF-09 NOTICE TO DELAY PERFORMANCE

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

ATF-11 ATF IDENTIFICATION (ID) MEDIA

ATF-12 NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION

TECHNOLOGY (IT) SYSTEMS

ATF-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-18 REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE

INFORMATION

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

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

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-23 PRIVACY OR SECURITY SAFEGUARDS

ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS

ATF-28 CONTRACTOR CERTIFICATION OF COMPLIANCE WITH FEDERAL TAX

REQUIREMENTS

ATF-31 KEY PERSONNEL

ATF-41 DEPARTMENT POLICY ON DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND

STALKING

ATF-49 ATF-49 SECURITY OF INFORMATION AND INFORMATION SYSTEMS, INCLUDING

PERSONALLY-IDENTIFIABLE DATA (PII) (Revised April 8, 2016) ATF-50 ATF-50, Limitations on Subcontracting under Small Business Set-Aside (May 24, 2019) 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 (Deviation 2015-02) (March 2015) ATF-48 Contractor Certification of Compliance with Federal Tax Requirements - Award (DEVIATION 2015-02) (March 2015)

ATF-03 SECTION 508 TECHNICAL REQUIREMENTS

Section H Special Contract Requirements (ATF & DOJ Clauses)

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Nov 2020) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.219-17 Section 8(a) Award (Oct 2019) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

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52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.225-5 Trade Agreements (Oct 2019)

4 List of Attachments Section J List of Documents, Exhibits and Other Attachments

5 Solicitation Provisions ATF-45 Contractor Certification of Compliance with Federal Tax Requirements - Solicitation (DEVIATION 2015-02) (March 2015) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 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) ATF-42 PARTNERING (October 2015) Section L Instructions, Conditions and Notices to Bidders 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) Section M Evaluation Factors for Award

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Section 2 - Commodity or Services Schedule

Distribution Supply and Service Center Contract

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year

Distribution Supply and Service Center Contract

** Price evaluation will be determined based on information submitted in Attachment A and B.**

Firm Fixed Price

PSC: 8415

Line Period of Performance: 03/01/2021 - 02/28/2022

Base Period

Previous : 1

Change: 0

Current : 1

YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Option Year One

Distribution Supply and Service Center Contract

** Price evaluation will be determined based on information submitted in Attachment A and B.**

Firm Fixed Price

PSC: 8415

Line Period of Performance: 03/01/2022 - 02/28/2023

Option Period

Previous : 1

Change: 0

Current : 1

YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Option Year Two

Distribution Supply and Service Center Contract

** Price evaluation will be determined based on information submitted in Attachment A and B.**

Firm Fixed Price

PSC: 8415

Line Period of Performance: 03/01/2023 - 02/29/2024

Option Period

Previous : 1

Change: 0

Current : 1

YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Option Year Three

Distribution Supply and Service Center Contract

** Price evaluation will be determined based on information submitted in Attachment A and B.**

Firm Fixed Price

PSC: 8415

Line Period of Performance: 03/01/2024 - 02/28/2025

Option Period

Previous : 1

Change: 0

Current : 1

YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Option Year Four

Distribution Supply and Service Center Contract

Previous : 1 YR $________ $_________________

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** Price evaluation will be determined based on information submitted in Attachment A and B.**

Firm Fixed Price

PSC: 8415

Line Period of Performance: 03/01/2025 - 02/28/2026

Option Period

Change: 0

Current : 1

** Price Evaluation will be determined based on information submitted in Attachment A and B **

Section B Supplies or Services and Prices/Costs

The Bureau of Alcohol, Tobacco, Firearms and Explosives intends on awarding a Firm Fixed Price, Indefinite Delivery, Indefinite Quality (IDIQ) type contract to acquire Distribution Supply and Service Center Contract for the Special Operation Division under the Field Operation Directorate. The resultant contract will be awarded on a best value basis.

B.1 SUPPLIES / SERVICES BEING PROCURED

The Contractor shall provide support for the Distribution Supply and Service Center in accordance with the specifications outlined in the Statement of Work (SOW) under Section C of this RFP.

B.2 CONTRACT TYPE

This will be a Firm Fixed Price, IDIQ type contract. Services under this contract will be ordered via individual delivery orders issued by the Contracting Office (CO). All contract actions containing funding will be completed on the delivery orders.

B.3 PERIOD OF PERFORMANCE

The period of performance of the contract shall be for a one (1) year base period with the option to extend the period of performance for up to four (4) additional twelve (12) month periods at the Government’s discretion. Overall contract will Not to Exceed five (5) years or five (5) years and six months, or 66 months, if FAR Part Clause 52.217-8 Option to Extend Services is used.

B.4 GOVERNMENT OBLIGATION

The contract ceiling is $34,747,652.00. The Government minimum guarantee under the base year or any exercised option year is $1,000 for the life of the contract.

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B.5 SCHEDULE

BASE PERIOD: 03/01/2021 thru 02/28/2022

OPTION PERIOD ONE: 03/01/2022 thru 02/28/2023

OPTION PERIOD TWO: 03/01/2023 thru 02/29/2024

OPTION PERIOD THREE: 03/01/2024 thru 02/28/2025

OPTION PERIOD FOUR: 03/01/2025 thru 02/28/2026

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

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

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably

15A00021R00000007/0002 Page 7 of 89 possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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(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.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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(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 acceptance, regardless of when or where the Government takes physical possession.

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

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(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

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

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

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

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

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

(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, Supplies or Services and Prices/Costs

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 Reference

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.acquisition.gov

Clause Title Fill-ins (if applicable)

52.219-14 Limitations on Subcontracting (Mar 2020)

52.202-1 Definitions (Jun 2020)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (Jun 2020)

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Clause Title Fill-ins (if applicable)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014)

Clauses By Full Text

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

STATEMENT OF WORK / SPECIFICATIONS (Continued) (March 23,2009)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work (SOW) / Specifications and all Section J attachments (as applicable).

(End of Clause) Please See Performance Work Statement (PWS) Attachment one (1).

Section C Descriptions and Specifications

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (SOW)

1.0 BACKGROUND

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a law enforcement organization within the United States Department of Justice dedicated to reducing violent crime and protecting the public. ATF performs the dual responsibilities of enforcing Federal criminal laws and regulating the firearms and explosives industries and is committed to working directly, and through partnerships, to investigate and reduce crime involving firearms and explosives.

2.0 INTRODUCTION

The contractor shall provide Distribution Supply Center Supplies and Services as described in the attached Statement of Work (up to 1 base year and 4 option years) for the purchase, inventory management, and distribution of ATF- owned uniforms, investigative equipment, and personal protective equipment.

ATF has a requirement to provide basic duty uniforms, investigative equipment and personal protective equipment to its special agents, industry operations investigators (IOI), explosives enforcement officers, firearms enforcement officers, and other authorized users in an efficient and cost effective manner. The contractor will be responsible for the acquisition, storage, protection, and distribution of such uniform, investigative equipment, and personal protective equipment items. These duties will be executed in a manner that will provide superior customer service, logistical management of ATF-owned property, and minimal ATF administrative involvement.

3.0 STATEMENT OF WORK

This National Distribution Service Supply Center contract encompasses the full range of acquisition, distribution, and management services for ATF clothing and uniforms, investigative equipment, tactical and non-tactical gear and personal protective equipment required to meet ATF’s responsibilities under Federal legislation and executive orders.

Requirements under this contract include, but are not limited to:

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* Timely accessibility to a multitude of law enforcement and industry-related specialized products and manufacturers

* Acquisition of approved items/orders

* Automated tracking of approved orders by end user

* Automated notification to end user of shipment tracking and delivery of such approved orders

* Process for returns/exchanges of products due to non-fit or damage

* Automated inventory management and stock accountability of such orders

* Distribution of ATF-owned uniforms, investigative equipment, and personal protective equipment

* Kitting and assembling

* A secure, web-based application with multiple hosting options to facilitate funding specifics under, system deliverables.

The contractor is responsible for providing all necessary staff and having an existing infrastructure to support this Distribution Supply Service Center Contract, to include all supplies, materials, equipment, and a robust, modern online operational and logistical accountability tool. The distribution and quality customer service facility must meet all Federal, State, and local fire and safety requirements. Furthermore, the facility(s) must maintain a fire/intruder alarm system that is monitored 24 hours a day by an alarm company, fire department, and/or police department.

The contractor will be available Monday through Friday during core business hours (8 a.m. to 5:30 PM EST).

The contractor will provide a full-time project manager and an alternate for all work performed under this contract. The project manager will be accessible by phone 24 hours a day, and must return phone calls received from ATF within 1 hour and emails within 2 hours, unless on leave.

Key Personnel for web-based system development (Project Manager (overall), Web Designer, and GIS Developer. Once the system is in place a program manager will be in place to resolve any program issues.

The program manager will attend, participate in, and provide input to various meetings, briefings, trainings and teleconferences with ATF representatives. The program manager may initiate teleconferences, especially when unusual or unexpected situations arise.

The contractor shall also submit a management plan for how the company intends to accomplish, administer, and manage the objectives and deliverables in the SOW. If the contractor proposes subcontractors and teaming arrangements, the management plan shall explain to what extent subcontractors and team members will be involved in the performance of the proposed objectives and how the contractor will manage the subcontractor and team member participation.

The contractor will be responsible for establishing a transition plan from the current distribution provider (Incumbent information will be provided only upon award) outlining the sequence of events and actions that need to be accomplished, without disruption of services. This sequence of events and actions include:

* the procedures and any necessary resources for accomplishing each action

* the period of time needed to accomplish each action

* the scheduling of each action within the overall transition period

* how the contractor will coordinate each action and its overall transition efforts with ATF

* an approach for transitioning the inventory as well as the ATF data from the distribution management system of the current distribution provider The contractor must have mechanisms in place to ensure quality control, to include:

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* audit procedures to identify areas adversely affecting contract performance

* a problem identification and resolution process and a method for monitoring corrective action

* a system for tracking incoming and outgoing orders and the timeliness of deliveries accomplished by both the contractor and vendors

* a system for recording, computing, accumulating, maintaining, and providing access to data so that the contractor and ATF can use it for analysis and decision making

* a method to monitor the accuracy and completeness of ATF data in the contractor’s inventory management and distribution system

* Contractor must ensure all contract line items specifications once received at the Contractor’s warehouse meet the contractor original proposal specifications

4.0 SPECIFIC REQUIREMENTS

* 4.1 Order Receipt. The contractor will receive ATF orders via delivery orders issued by ATF’s Acquisitions Division. If prior approval is provided by the COR the use of the Government-issued credit card as a buying option must be available. All credit charges must still be accountable under the overall ceiling amount of the contract. The dollar limit for a credit card charge cannot exceed the micro-purchase level.

4.2 Order Placement. The contractor will be responsible for all phases of the delivery order items that are procured. The turnaround time on an acquisition from order placement to delivery will be 45 days or less. If an item will exceed the 45 day timeframe due to unforeseeable circumstances, the contractor must notify ATF in writing of the reason for the delay and the expected revised delivery date.

4.3 Marketplace Changes. It is expected that the contractor will continuously assess and evaluate the uniform and equipment marketplace to ensure that the highest quality items are being purchased at the best possible price. Marketplace fluctuations affecting availability, quality, and/or price of items frequently procured must be reported to ATF, with or without an order having been placed, within 5 calendar days of learning of the change. No change shall be incorporated without the Contracting Officer approval. Price increases, if proposed; must be in accordance with the Economic Price Adjustment FAR Clause. Any additions or removal of a contract line item MUST be in scope of the overall requirement and finalized with a Bi-lateral modification to the main contract.

4.3.1 Technical match part, If the contractor does not provide exact brand but provides an equal or better item then all specifications must be provided for the substitution.

4.4 Order Tracking. The contractor will electronically monitor the flow of all apparel and non-apparel item orders. This information shall be available for access on a secure website by individual user (i.e. ATF Agents, IOI’s and CFI’s, SRT Team and NRT Team etc. ) and by contract buying activities on searchable on such parameters as order status, individual request status, approvals and approval trail documentation by item and/or dollar amount, and status updates.

4.5 Order Delivery. The contractor will choose a delivery method that will get the order to the customer as required, be it an ATF office or individual employee (only during extenuating circumstances). Bulk orders/stock purchases, kit assemblies, and/or products that require special handling and packaging will be received at the distribution facility. The contractor will receive, inspect, and accept all incoming shipments to the facility. For each order shipment, the contractor shall generate a listing of the products included in the order shipment. If all products are available for an order, the notification will list all requested products.

Customer Receipt within:

Priority

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48 hours

Emergency

72 hours

Priority

7 calendar days

Normal

Adjustments and Undeliverable Shipments. When shipments are returned undeliverable, the contractor will receive, resolve, and correct the problem, notify COR within 24 hours, address and resend the order within 3 business days. The contractor will also update the account system address. If an address cannot be corrected, the contractor will return the order to stock and will electronically update the inventory record.

4.6 Inventory Management. The contractor will perform inventory management activities to account for all orders placed, received, issued, and maintained. Provide monthly report to COR to include but not limited to all inventory levels and identify any shortages. Products received at the distribution facility are considered inventory from the time of receipt by the contractor to the time they are receipt and final acceptance by the individual users. The contractor will assign and maintain stock locations/bin assignments for warehoused items as well as ensure accountability for that stock. Warehouses may vary by geographic location, and be permanent or temporary units. Only approved items will be maintained in stock other items will be procured by drop shipment from the manufacturer.

4.6.1 Inventory and Distribution System. The contractor will provide real-time, continuous electronic access to a web-based application that facilitates funding and inventory accountability and supports ATF’s distribution activities. The contractor will restrict access to the applications and data maintained in this system to properly authorized individuals performing the work under this contract. The contractor will advise and document any changes to the applications. The contractor will safeguard data and not release or offer data without express written authority from ATF.

4.6.2 System Deliverables. The system must:

•Provide access at varying levels as directed by ATF that will allow, at minimum:

• All individual users access to order and view his/her own personal property history in an organized and user-friendly fashion

•Have user sort/search functions based on dates, items orders, shipping status, approval status or other criteria as determined by ATF

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•ATF system administrators, funds control personnel, and managers access to system options, to include inventory, personal property records, forecasting/historical data, funding documentation, transactional activities, and reports.

•Have distribution programs (i.e., approved equipment lists) applied to individual users by job/series, employment status, mission/ assignment/career field (e.g., specializations such as Special Response Team operator, National Response Team member, etc.); more than one distribution program may apply to each job/ series

•Separate and different quantity issuance limits may be set for each list, e.g., by item, category, like items, etc.

•Support monthly user account/record maintenance (i.e., adding, updating, deleting addresses, changes in mission/assignments/career fields, employee separation, employee retirements, etc.)

•Document and maintain accountability for the number of orders received and filled and inventory consumed over the life of the contract by item and dollar amount.

•Issue electronic notifications to advise a user of the order status (e.g., backorder status and product availability) and the expected delivery timeframe.

* System must have the capability to communicate directly with the user

* System must have the capability to send automated tracking information to the end user when package leaves the warehouse

* Prepare, implement and administer user training on the automated system for all ATF users

* A robust helpdesk dedicated to responding to calls/emails from ATF employees having questions regarding orders, status updates, log in issues, change of address, order histories or any other related to the procurement of these items.

* The contractor must provide a training package to train field personnel on how to utilize the system.

* The contractor must provide monthly inventory reports that will include current inventory levels of all equipment and status of any shortages.

* The system must be built on a commonly utilized platform so that ATF can access the information once this contract has ended.

* Requests for program changes or fixes must be implemented within 30 days of request.

The system must:

• Capture and generate data on inventory issue activities by:

• Person approved orders and disapproved

• Commodity

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• Kits

• Date

• Warehouse

* Items drop shipped to user from manufacturer

• Capture and generate data on:

• Daily inventory quantities

• Any blocked stock quantities in reserve for a future use/mission such as training for new special agents and industry operations investigators

• The stock dollar value

• A usable inventory percentage based on the product(s) condition, e.g., after an item’s return

• Any inventory to inventory stock transfers

• Any inventory to individual user equipment transfers Generate backorder data that reflects the product type, number of backorders by product type, and the total quantity needed to fill the backorders. When a product becomes available, the system will release backorders based on order fulfillment priorities. The system will ensure that no backorder is released after a designated in-field date has passed.

• Calculate and establish reorder points based on daily demand, lead time for supply, any safety stock levels, and demand type. An electronic notification will be generated when the reorder point has been reached for products.

• Map products and validate by serial number the tracking of all specialized, high value, and “shared” unit equipment.

• Standardize equipment by mission/assignment/career field (e.g., specializations such as Special Response Team operator, National Response Team member, etc.) and:

• Establish request parameters/approval levels by mission/assignment/career field/activity

• Maintain minimum and maximum quantity limits per item with approval

• Maintain a personalized product catalog for each user to mirror equipment allowances

• Maintain a product catalog that will allow an unlimited quantity of items to be built in upon demand;

each item in the catalog will have its own support documents, to include:

• Jpeg photo images

•Online technical training manuals with user testing manuals for new equipment

• Warranty and repair data

• Material Safety Data Sheets

• Expiration limit documentation on perishables, e.g., medicines used by the medics

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• Life cycle tracking by serial number to alert and/or remind the system user of an upcoming inspection, cleaning, testing, etc., per equipment item, e.g., self contained breathing apparatus, body bunkers, etc.

• Vendor lead time on product; this could be extended to include updates on available inventory at established intervals

• Support transactional tracking for:

•Multiple requests

•New orders

• Lost items

•Defective items

• Exchanged/replaced apparel and/or non-apparel items due to incorrect sizing, improper functioning

• Approvals

• Reorders

• Issued product quantities

• Generate equipment issue summaries, with or without serial number tracking, on uniforms, mission specific equipment, accessories, etc.

• Facilitate property control and produce personal property records by user

• Track money flow and funds allocated/spent by:

• Contract vehicle

• Product line

• Individual users

•Distribution programs

•Date range

•Field divisions

• Forecast for a minimum of 3 years:

• out-year demands

• sizing patterns

• stock on hand

•expenses by product line, individual users, distribution programs, field divisions

• requests by users, distribution programs, and individuals based on service cycles

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• Generate historical data on:

• Funded items

• Spending per product and by individual user

• Requests/orders made by individual and in bulk

• Sizing

• Items issued

• Service cycle (i.e., field life)

• Reorder frequency

• Lost/returned items

• Ability to query active orders/ histories by user name

• Ability to generate list of users who have not ordered specific items

• ATF will establish time frame for life cycle of a product, when item can be reordered

• Ability to query approved and disapproved orders and why disapproved

• Ability to enter comments when ordering

• Ability of approver to respond to inquiries within system

• Ability to sort requests and disapprovals by product

• Time frames will be established by ATF when a product can be reordered this information will be available when ordered

• Automatic system approval or denial when products are ordered action based on established reordering periods

• Ability to forecast how many people can order item next year according to time limits

• Items that replace other items will be attach the old item’s distribution history to the new item.

• Users should be able to edit/change mailing addresses, only ATF Office addresses accepted

• Ability to track yearly equipment cost, both current year and career average down to the individual

• Employees may only order equipment related to their specific position

5.0 Other Services.

The contractor must have an established process to create a customized kit of related items/materials that is assembled and shipped as one unit. A case in point would be kits for ATF medics. Activities supporting this process would include:

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• Defining all components of the kit

• Documenting orders for each kit component

• Tracking orders, order receipt, and order issue for each component

• Tracking stock levels by kit component with kit identification on component shortfalls

The capabilities available through the other online product catalogs maintained in this system will function similarly for kitting activities, to include having:

• an unlimited quantity of items that can be built in upon demand

• its own support documents such as:

• Jpeg photo images

• Online technical manuals

• Expiration limit documentation on perishables, i.e., medicines

• Vendor lead time on product; this could be extended to include updates on available inventory at established intervals

Section D Packaging and Marking

Except as specifically provided in an order, all postage and fees related to the 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

INSPECTION AND ACCEPTANCE

Products/Services delivered under this contract shall be inspected and accepted by the COR.

The Government reserves the right to inspect products/services that have been tendered for acceptance in accordance with the appropriate inspection and acceptance clause.

After notification that the products/services did not meet the acceptance criteria, the contractor shall have (5) business days after receipt of Government comments

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

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(a) Mr./Ms. Kim Guay of Field Operations Special Operation Division, ATF HQ, 45250 Severn Way Sterling VA, 202/631-1507, is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement.