Solicitation 15A00025R00000019.pdf

15A00025R00000019 Page 1 of 63

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15A00025R00000019

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/26/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Brian.Wilkins@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489120 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

07/10/2025 05:00 ET

CODE 15A000

ATF - ACQUISITIONS MANAGEMENT DIVISION

Brian Wilkins

99 NEW YORK AVE. NE

WASHINGTON, DC 20226

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

334517

SIZE STANDARD:

1,200 Employees

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

X

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE 15A00016. ADMINISTERED BY

Acquisition Management Division (AMD) 99 New York Ave NE

WASHINGTON, DC 20226

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

A404040CODE18a. PAYMENT WILL BE MADE BY

ATF - FINANCE BRANCH

99 New York Ave. NE, #4.S-288 Washington, DC 20226

(O) (202) 648-7860 Finance.Branch@ATF.gov

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

X-ray Systems, Maintenance, Repairs and Loaners

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Brian K. Wilkins

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 11/2021) BACK

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Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule

Section B Supplies or Services and Prices/Costs 2 Contract Clauses

52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.227-14 Rights in Data-General (May 2014) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-3 Continuity of Services (Jan 1991) 52.246-2 Inspection of Supplies-Fixed-Price (Aug 1996) 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) 52.217-8 Option to Extend Services (Nov 1999) 52.219-14 Limitations on Subcontracting (Oct 2022) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014) ATF-14 Electronic Invoicing (APRIL 2025) ATF-17 Notice to the Government of Delays (APRIL 2025) ATF-18 Requirements for Access to Controlled Unclassified Information (APRIL 2025) ATF-19 Authority to Obligate the Government (APRIL 2025) ATF-21 All Items To Become The Property Of The Government (APRIL 2025) ATF-22 Confidentiality of Information and Disclosure (APRIL 2025) ATF-25 Observance of Legal Holidays / Federal Non-Workdays (APRIL 2005) ATF-27 Information Resellers or Data Brokers and Contractor's Employee Background Checks (APRIL 2025) ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or SPECIFICATIONS (March 23, 2009) ATF-30 COMMON SECURITY CONFIGURATIONS (from PGD 11-08 dated April 11, 2011)

ATF-46 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION UNDER

ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY - Award (DEVIATION 2015-02) (March 2015)

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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-51 INDEPENDENT CONTRACTOR (March 9, 2021) ATF-52 INDEMNIFICATION CLAUSE (May 2021)

ATF-53 WHISTLEBLOWER INFORMATION FOR EMPLOYEES OF DOJ CONTRACTORS,

SUBCONTRACTORS, GRANTEES, SUBGRANTEES OR PERSONAL-SERVICES

CONTRACTORS (March 2021) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

3 List of Attachments 4 Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-7 System for Award Management (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.217-5 Evaluation of Options (July 1990) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.233-2 Service of Protest (Sept 2006) 2852.203-70 General Non-Disclosure Agreement (AUG 2016) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020)

ATF-44 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE

(DEVIATION 2015-02) (March 2015) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

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Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 BPA Ordering Period Year (1)

A complete list of Xray Systems priced as a complete kit.

Firm Fixed Price

PSC: 6350

Line Period of Performance: 08/01/2025 - 07/31/2026

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 BPA Ordering Period Year (1)

Other Direct Costs ODCs: Maintenace and Repairs

Pricing shall be based on a cost per Xray System and a separate list of component parts

Not to exceed: $50,000.00

Cost

PSC: 6350

Line Period of Performance: 08/01/2025 - 07/31/2026

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 BPA Ordering Period Year (2)

A complete list of Xray Systems priced as a complete kit.

Firm Fixed Price

PSC: 6350

Line Period of Performance: 08/01/2026 - 07/31/2027

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 BPA Ordering Period Year (2)

Other Direct Costs ODCs: Maintenace and Repairs

Pricing shall be based on a cost per Xray System and a separate list of component parts

Not to exceed: $50,000.00

Cost

PSC: 6350

Line Period of Performance: 08/01/2026 - 07/31/2027

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 BPA Ordering Period Year (3)

A complete list of Xray Systems priced as a complete kit.

Firm Fixed Price

PSC: 6350

Line Period of Performance: 08/01/2027 - 07/31/2028

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 BPA Ordering Period Year (3)

Other Direct Costs ODCs: Maintenace and Repairs

1 YR $________ $_________________

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Pricing shall be based on a cost per Xray System and a separate list of component parts

Not to exceed: $50,000.00

Cost

PSC: 6350

Line Period of Performance: 08/01/2027 - 07/31/2028

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 BPA Ordering Period Year (4)

A complete list of Xray Systems priced as a complete kit.

Firm Fixed Price

PSC: 6350

Line Period of Performance: 08/01/2028 - 07/31/2029

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 BPA Ordering Period Year (4)

Other Direct Costs ODCs: Maintenace and Repairs

Pricing shall be based on a cost per Xray System and a separate list of component parts

Not to exceed: $50,000.00

Cost

PSC: 6350

Line Period of Performance: 08/01/2028 - 07/31/2029

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 BPA Ordering Period Year (5)

A complete list of Xray Systems priced as a complete kit.

Firm Fixed Price

PSC: 6350

Line Period of Performance: 08/01/2029 - 07/31/2030

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 BPA Ordering Period Year (5)

Other Direct Costs ODCs: Maintenace and Repairs

Pricing shall be based on a cost per Xray System and a separate list of component parts

Not to exceed: $50,000.00

Cost

PSC: 6350

Line Period of Performance: 08/01/2029 - 07/31/2030

1 YR $________ $_________________

Section B Supplies or Services and Prices/Costs

BLANKET PURCAHSE AGREEMENT (BPA)

The Bureau of Alcohol, Tobacco, Firearms and Explosives intends on awarding a multiple award Blanket Purchase Agreements (BPA) to acquire the following X-Ray Systems, Warranty, Maintenance, Repairs, and Equipment Loaners not to exceed (60 months):

B.1 SUPPLIES / SERVICES BEING PROCURED

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The Contractor shall provide X-Ray Systems, Warranty, Maintenance, Repairs, and Equipment Loaners in accordance with the specifications outlined in the attached Statement of Work (SOW). Blanket Purchase Calls will be the funded document for each X-Ray Systems, Warranty, Maintenance, Repairs, and Equipment Loaners that is assigned throughout the life of this agreement.

B.2 PERIOD OF PERFORMANCE

The BPA shall be issued for a period of 60 months. The BPA will be reviewed annually from the date of establishment of the BPA to ensure that authorized procedures are being followed and to determine if the BPA remains in the best interest of the Government. NOTE: Dates listed under See Section 2 - Commodity or Services Schedule are subject to change based on actual award date.

B.3 CONTRACT TYPE

This will be a Firm Fixed Price BPA with Cost associated with Maintenance and repairs. All BPA Calls placed against any subsequent BPA are subject to the terms and conditions of the Contract. Terms and conditions included in this BPA apply to all BPA Calls pursuant to it. In the event of inconsistency between the provisions of the BPA Calls and the BPA Setup, the provisions of the BPA Setup will take precedence.

B.4 BPA ESTIMATE VALUE

The BPA estimated value is $2,500,000.00 per BPA Setup.

B.5 PRICING

Offerors shall enter a cost each see Section 1 – Commodity or Services Schedule of the Solicitation 15A00025R00000019.

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Section 2 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)

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)

52.202-1 Definitions (Jun 2020)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab

Covered Entities (Dec 2023)

52.204-25 Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or

Equipment (Nov 2021)

52.204-27 Prohibition on a ByteDance Covered Application (Jun

2023)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

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Clause Title Fill-ins (if applicable)

52.227-14 Rights in Data-General (May 2014)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-33 Payment by Electronic Funds Transfer-System for

Award Management (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-3 Continuity of Services (Jan 1991)

52.246-2 Inspection of Supplies-Fixed-Price (Aug 1996)

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR

Deviation) (NOV 2020)

Clauses By Full Text

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 Days [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.219-14 Limitations on Subcontracting (Oct 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

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(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to--

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F);

or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

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[Contracting Officer check as appropriate.]

X By the end of the base term of the contract and then by the end of each subsequent option period; or

__ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture.

Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

(a) Mr./Ms. TBD of ATF - NCETR , 3750 Corporal Road, Huntsville, AL 35898 , TBD , is hereby designated to act as Contracting Officer's Representative (COR) underTBD , for the period of TBD (specify the performance period of the contract that the designation covers).

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(End of Clause)

2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014)

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(a) It is DOJ policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in “DOJ Policy Statement 1200.02, Federal Workforce Responses to Domestic Violence, Sexual Assault, and Stalking,” available in full for public viewing at: http://www.justice.gov/sites/default/files/ovw/ legacy/2013/12/19/federal-workplacee-responses-to-domesticeviolence-sexualassault-stalking.pdf.

Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all Vendor employees and employees of subcontractors who will be assigned to work on DOJ premises.

(b) Upon contract award, DOJ will provide the Contractor with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking for the component or components where the Contractor will be performing. The Contractor agrees to inform its employees and employees of subcontractors, who will be assigned to work on DOJ premises, with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking.

(End of Clause)

ATF-14 Electronic Invoicing (APRIL 2025)

(a) The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Federal Acquisition Regulation (FAR) encourage contractors to invoice electronically. Invoicing electronically saves time, money, and physical storage space for both the Government and the contractor.

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

(c) Electronic invoices must be submitted to the ATF Contracting Officer's Representative or Point of Contact (COR/POC) named in Section G/3.3 of this contract and Financial Management Division (FMD), FinanceBranch@ATF.gov. Electronic invoices will serve as the official original copy. The e-mail subject line must contain the contract/purchasing vehicle's #, name of the ATF COR/ POC named in Section G of this contract and/or purchasing vehicle (e.g., 15A00025AAQA000XX | John Doe - Invoice #xxx). ATF will return to the contractor any invoices that do not contain the correct subject line information.

(d) Contractors who are unable to submit electronic invoices may mail their invoices to the COR/POC named in Section G/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

(End of Clause)

ATF-17 Notice to the Government of Delays (APRIL 2025)

In the event the Contractor: 1) encounters difficulty in meeting performance requirements; 2) anticipates difficulty in complying with the contract-delivery schedule or completion date; or 3) has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting Officer and the CO's Representative(s), in writing, giving pertinent details. However, this notice shall not be construed as a waiver by the Government of any required contractual-delivery schedule or date or any rights or remedies provided by law or under this contract; instead, this notice shall be information only in character.

(End of Clause)

ATF-18 Requirements for Access to Controlled Unclassified Information (APRIL 2025)

(a) Duplication or disclosure of the data and other information to which the Contractor will have access as a result of this contract is prohibited. It is understood that throughout performance of this contract the Contractor will have access to confidential and sensitive data, which is either the sole property of the Government or is the sole property of other than the contracting parties. The Contractor and its subcontractor(s) shall protect and maintain the confidentiality of all data, including after contract completion, to which access may be gained throughout the contract's period of performance. The Contractor and its subcontractor(s) shall not disclose said data, 15A00025R00000019 Page 13 of 63 any interpretations and/or translations thereof, or data derivative, to unauthorized parties without the prior written approval of the Contracting Officer (CO). Subcontractors are subject to the same stipulations and will be held responsible for any violations of confidentiality.

(b) The Contractor will require each Contractor employee to submit to a criminal history check, prior to the employee's start date on the contract and as a pre-condition for employment relating to the subject matter of this effort. The Contractor shall maintain a record of all employee's original or digitally signed Police Check Inquiry forms, which shall be provided to the CO within five (5) days of completion. Exceptions to this section are contractor employees that hold a current Personal Identity Verification (PIV) card from any US Federal government, cabinet-level department or active law-enforcement officers.

ATF-19 Authority to Obligate the Government (APRIL 2025)

The Contracting Officer (CO) is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the contract can be incurred before receipt of a fully signed and awarded contract unless specific authorization from the CO is provided.

ATF-21 All Items To Become The Property Of The Government (APRIL 2025)

Title to all source data and materials furnished by the Government, together with all related plans, designs, reports, materials, programs, and documentation submitted by the Contractor in performance of the contract and all other items pertaining to the Contractor's work and services to be performed under orders pursuant to this solicitation and contract shall become and remain the sole property of the Government upon contract completion. The Government will have the full right to use these materials and data for its purpose without further compensation or approval on the part of the Contractor. The Government shall have access to and the right to make copies of the above-mentioned items. All proprietary information, programs, etc. shall be indicated as such in the Contractor's proposal. The identification of information, programs, etc. as proprietary or confidential is subject to investigation and proof, as outlined in FAR clause 52.227-14, upon request by the Government. The Contractor is advised that information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552).

(End of Clause)

ATF-22 Confidentiality of Information and Disclosure (APRIL 2025)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, e.g., on a need-to-know basis. There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval from the Contracting Officer (CO). No news release (including photographs and films, public announcements, denial, or confirmation of same) on any part of the subject matter of this contract or any phase of any program hereunder shall be made without the prior written approval of the CO. The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft, and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained.

(b) The Contractor agrees to immediately notify in writing the CO if the Contractor determines or has reason to suspect a breach of this clause. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

1. Confidential information, as used in this clause, means:

i. information or data of a personal nature;

ii. proprietary information about an individual;

iii. information or data submitted by or about an institution or organization; or

iv. information or data pertaining to a law enforcement investigation or operation.

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2. In addition to the types of confidential information described in (1) above, information which requires special consideration regarding the timing of its disclosure such as draft budget and strategic plans, studies or research, audits, etc. are also considered to be confidential information.

3. The CO and the Contractor may identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the CO and the Contractor may identify such confidential information from time to time during the performance of the contract. Any disagreement as to what constitutes confidential information will be settled pursuant to the Disputes clause.

4. If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of the disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

5. Confidential information, as defined above, shall not be disclosed without the prior written consent of the CO, and the individual(s), institution(s), or organization(s) affected. Confidential information, as defined in above shall not be disclosed without the prior written consent of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

6. Whenever the Contractor is uncertain regarding the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the information contained in this clause, the Contractor shall obtain a written determination from the CO prior to any release, disclosure, dissemination, or publication.

ATF-25 Observance of Legal Holidays / Federal Non-Workdays (APRIL 2005)

The following federal holidays are observed by ATF: New Year's Day, Martin Luther King Jr.'s Birthday, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day. There are certain types of irregularly occurring circumstances that prompt the Government to close its offices where Contractor personnel are working, either on a national or local basis (e.g., bomb threats, inclement weather, power outages, death of national figures, holidays declared by Presidential order, or funding lapses).

Contractor staff shall not work if the Government is closed unless the Contracting Officer (CO) has given prior approval. Non-work due to the Government closing its facility or facilities is not an expense directly reimbursable to the Contractor. However, in those rare instances when Government operations are curtailed for the balance of a workday that has already commenced, the Contractor may bill for the balance of the scheduled workday with the written acknowledgement of the CO Representative and final approval of the Administrative CO.

ATF-27 Information Resellers or Data Brokers and Contractor's Employee Background Checks (APRIL 2025)

Under this contract, the Department obtains Personally-Identifiable Information (PII) about individuals and employees from the Contractor. The Contractor certifies that it has a security policy in place which contains procedures to promptly notify any individual whose PII (as defined by the Office of Management and Budget) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data that originated within the Department or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the ATF Contracting Officer so that ATF may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it receives further instruction and approval, via the Contacting Officer, from the ATF's Office of Science and Technology, Information Security Branch. The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

(End of Clause)

ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or SPECIFICATIONS (March 23, 2009)

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

ATF-30 COMMON SECURITY CONFIGURATIONS (from PGD 11-08 dated April 11, 2011)

(a) The provider of information technology shall certify applications are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC) or the United States Government Configuration Baseline (USGCB). This includes Internet Explorer 7 and 8 configured to operate on Windows XP, Windows Vista and Windows 7 (in Protected Mode on Windows Vista and Windows 7). For the Windows XP settings, see http://csrc.nist.gov/itsec/guidance_WinXP.html. For the Windows Vista settings, see http://csrc.nist.gov/itsec/guidance_vista.html. For Windows 7 settings, see http://usgcb.nist.gov/ usgcb_content.html.

(b) The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved FDCC or USGCB configuration. The information technology should also use the Windows Installer Service for installation to the default "program files" directory and should be able to silently install and uninstall.

(c) Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

ATF-46 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, memorandum 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 determination 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 responsible 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 judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

ATF-47 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE (DEVIATION 2015-02) (March 2015)

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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 employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

ATF-48 Contractor Certification of Compliance with Federal Tax Requirements - Award (DEVIATION 2015-02) (March 2015)

By accepting this award or order, the contractor certifies that, to the best of its knowledge and belief, the contractor has (a) filed all Federal tax returns required during the three years preceding the certification, (b) not been convicted of a criminal offense under the Internal Revenue Code of 1986, and (c) not been notified, more than 90 days before the subject certification, of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

ATF-51 INDEPENDENT CONTRACTOR (March 9, 2021)

The relationship of the Contractor to the Government is that of an independent contractor. Nothing herein shall be construed to create any relationship of employer and employee, agent and principal, partnership or joint venture between the Parties.

(End of Clause)

ATF-52 INDEMNIFICATION CLAUSE (May 2021)

Each Party shall assume the responsibility and liability for the acts and omissions of its own employees or agents in connection with the performance of their obligations under this contract that are executed within the scope of their employment, including claims for injury, loss or damage to personal property or death, except in the case of the federal Government, liability shall be determined pursuant to the Federal Tort Claim Act (FTCA - 28 U.S.C. § 1346). Contractor hereby agrees to indemnify, defend and hold the federal Government harmless from any loss, liability, costs or damages arising from actual or threatened claims or causes of action resulting from breach of any of its representations, warranties or covenants herein or the negligence, gross negligence or intentional misconduct of Contractor's respective officers, directors, employees, agents, contractors, members or participants etc. (as applicable).

(End of Clause)

ATF-53 WHISTLEBLOWER INFORMATION FOR EMPLOYEES OF DOJ CONTRACTORS, SUBCONTRACTORS, GRANTEES, SUBGRANTEES OR PERSONAL-SERVICES CONTRACTORS (March 2021)

The Contractor shall distribute the Whistleblower Information found at the below site to all employees and subcontractors:

https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf.

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services

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Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR

3.906 & 52.203-17, and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically authorized within this contract, the Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract.