15A00026CAQA00056 FE (002)Signed DJB.pdf
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- Attached to
- Material Coordinator
- Solicitation number
- DJA-26-ASOD-PR-0011
About this file
This document is a Negotiated Federal Contract Award issued to S & K Support Services LLC for Material Coordinator Services.
The contract (Award Number 15A00026CAQA00056, effective March 24, 2026) is valued at $571,161.60 and requires Material Coordinator Specialist services at the Technical Operations Branch (TOB) in Sterling, Virginia. The service is structured as a Fixed Price-Level of Effort arrangement with a not-to-exceed limit of 1,920 hours per year. The base period runs from April 1, 2026, through March 31, 2027, at a rate of $55.56 per hour ($106,675.20 total base obligation). The contract includes four unexercised option years (Option Year 1: $110,361.60 at $57.48/hour; Option Year 2: $114,105.60 at $59.43/hour; Option Year 3: $118,003.20 at $61.46/hour; Option Year 4: $122,016.00 at $63.55/hour). The contractor is S & K Support Services LLC, based in Saint Ignatius, Montana, classified as a small business under the 8(a) Program. The contract is a Rated Order under the Defense Priorities and Allocations System (DPAS). Invoices are due within NET 30 days and should be submitted electronically to the ATF Finance Branch. The contract is designated under Payment Security Code R499 and is subject to electronic invoicing requirements per clause ATF-14.
The contract includes comprehensive security, personnel, and compliance requirements including provisions for controlled unclassified information access, contractor privacy requirements, personnel security investigations, whistleblower protections, and DOJ-specific security clauses. Key personnel identified include Contracting Officer David J. Berger, Contracting Specialist Nya Houston, and Contracting Officer's Representative James Masson. The contract incorporates FAR and Justice Acquisition Regulation (JAR) clauses covering commercial items, 8(a) subcontracting limitations, rights in data, and multiple DOJ security and privacy requirements applicable to government contract performance.
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15A00026CAQA00056 Page 1 of 53
AWARD/CONTRACT
1. This Contract is a Rated Order under the Defense Priorities and Allocations
System (DPAS) - Code of Federal Regulations - at 15 CFR 700.
RATING PAGE OF PAGES
1 53
2. CONTRACT (Procurement, Instruction, Identification) NUMBER
15A00026CAQA00056
3. EFFECTIVE DATE
03/24/2026
4. REQUISITON/PURCHASE REQUEST/PROJECT NUMBER
DJA-26-ASOD-PR-0011
CODE 15A000
ATF - ACQUISITIONS MANAGEMENT
DIVISION
99 NEW YORK AVE. NE, #3.S-125
WASHINGTON, DC 20226
(O) 2026487480
(F) 2026489654
5. ISSUED BY CODE 15A000
Acquisition Management Division (AMD) 99 New York Ave NE
WASHINGTON, DC 20226
6. ADMINISTERED BY (If other than item 5)
S & K SUPPORT SERVICES LLC
63066 OLD HIGHWAY 93 STE S-2
PO BOX 1113
SAINT IGNATIUS, MT 59865-9008 UEI: LHN1FG8BM1S8
DUNS: 116915755
CODE: FACILITY CODE:
7. NAME AND ADDRESS OF CONTRACTOR (Number, Street, County, State and ZIP Code)
FREE ON BOARD
(FOB) ORIGIN X OTHER (See below)
8. DELIVERY
NET 30
9. DISCOUNT FOR PROMPT PAYMENT
10. SUBMIT INVOICES
(4 copies unless otherwise specified)
TO THE ADDRESS SHOWN IN
ITEM
CODE11. SHIP TO/MARK FOR CODE A404040
ATF - FINANCE BRANCH
99 New York Ave. NE, #4.S-288 (if not via IPP.gov per clause, ATF-14) Washington, DC 20226
(O) (202) 648-7860 Finance.Branch@ATF.gov
12. PAYMENT WILL BE MADE BY
10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )
13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 14. ACCOUNTING AND APPROPRIATION DATA
ATF-2026-700D-FO-701260-LEO-G1P-25218-TOBOP-2026
15A. ITEM NUMBER 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
Material Coordinator Services
ATF POC: Jim Masson 703-579-2710 James.Masson@atf.gov
Vendor POC:
Fixed Price-Level of EffortSee Continuation Sheet(s)
15G. TOTAL AMOUNT OF CONTRACT $571,161.60
16. TABLE OF CONTENTS
(X) SECTION DESCRIPTION PAGE(S) (X) SECTION DESCRIPTION PAGE(S)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES
X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT X J LIST OF ATTACHMENTS
D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS
E INSPECTION AND ACCEPTANCE K REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE
L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORSX G CONTRACT ADMINISTRATION DATA
M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS
CONTRACTING OFFICER WILL COMPLETE ITEM 17 (SEALED-BID OR NEGOTIATED PROCUREMENT) OR 18 (SEALED-BID PROCUREMENT) AS APPLICABLE
X17. CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 1 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents:
(a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein.
(Attachments are listed herein.)
18. SEALED-BID AWARD (Contractor is not required to sign this document.)
Your bid on Solicitation Number _________ , including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the terms listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your bid, and (b) this award/contract. No further contractual document is necessary. (Block 18 should be checked only when awarding a sealed-bid contract.)
19A. NAME AND TITLE OF SIGNER (Type or print) 20A. NAME OF CONTRACTING OFFICER
David J Berger
BY __________________________________________________
(Signature of person authorized to sign)
19B. NAME OF CONTRACTOR 19C. DATE SIGNED
BY __________________________________________________
(Signature of Contracting Officer)
20B. UNITED STATES OF AMERICA 20C. DATE
SIGNED
03/24/2026
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is NOT usable
STANDARD FORM 26 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.214(a)
Richard Petty, President S&K Support Services
3/25/2026
15A00026CAQA00056 Page 2 of 53
Table of Contents
Section Description Page Number
A Solicitation/Contract Form B Supplies or Services and Prices/Costs C Description/Specifications/Statement of Work D Packaging and Marking E Inspection and Acceptance F Deliveries and Performance G Contract Administration Data
3.3 ATF Points of Contact
H Special Contract Requirements
ATF-01 Accessibility of Electronic and Information Technology (Section 508) (APRIL 2025) ATF-09 Notice to Delay Performance (APRIL 2025)
ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS
ATF-14 ELECTRONIC INVOICING
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-20 Government-Furnished Property, Equipment and Information (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-31 Key Personnel (APRIL 2025) ATF-41 Department Policy on Domestic Violence, Sexual Assault And Stalking (APRIL 2025)
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-51 INDEPENDENT CONTRACTOR (March 9, 2021) ATF-52 INDEMNIFICATION CLAUSE (March 9, 2021) DOJ-05 Security of Department Information and Systems (OCT 2023) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002)
I Contract Clauses 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.203-3 Gratuities (Apr 1984) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 (DEV) Terms and Conditions-Commercial Products and Commercial Services (Nov
2023) (DEVIATION NOV 2025)
52.219-11 Special 8(a) Contract Conditions (Jan 2017) 52.219-12 Special 8(a) Subcontract Conditions (Oct 2019)
15A00026CAQA00056 Page 3 of 53
52.219-14 (DEV) Limitations on Subcontracting (Oct 2022) (DEVIATION DEC 2025) 52.227-14 Rights in Data-General (May 2014) 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021)
J List of Attachments
15A00026CAQA00056 Page 4 of 53
Section B - Supplies or Services and Prices/Costs
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Material Coordinator Services
ATF POC: Jim Masson 703-579-2710 James.Masson@atf.gov
Vendor POC:
Fixed Price-Level of Effort
Technical Operations Branch (TOB) Material Coordinator Specialist
Location: TOB Sterling, VA
Material Coordinator Contractor Support *Not to Exceed (NTE): 1920 Hrs/Year [Firm-Fixed-Price]
Period of Performance: Base Year: 01 April 2026 - 31 March 2027 with Four (4) Option Years
PSC: R499
Line Period of Performance: 04/01/2026 - 03/31/2027
Base Period
1,920 LT $55.56000 $106,675.20
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1001 Technical Operations Branch (TOB) Material Coordinator Specialist
Location: TOB Sterling, VA
Material Coordinator Contractor Support *Not to Exceed (NTE): 1920 Hrs/Year [Firm-Fixed-Price]
Period of Performance: Option Year 1: 01 April 2027 - 31 March 2028.
PSC: R499
Line Period of Performance: 04/01/2027 - 03/31/2028
Unexercised Option 1
1,920 LT $57.48000 $110,361.60
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2001 Technical Operations Branch (TOB) Material Coordinator Specialist
Location: TOB Sterling, VA
Material Coordinator Contractor Support *Not to Exceed (NTE): 1920 Hrs/Year [Firm-Fixed-Price]
Period of Performance: Option Year 2: 01 April 2028 - 31 March
PSC: R499
Line Period of Performance: 04/01/2028 - 03/31/2029
Unexercised Option 2
1,920 LT $59.43000 $114,105.60
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
3001 Technical Operations Branch (TOB) Material Coordinator Specialist
Location: TOB Sterling, VA
Material Coordinator Contractor Support *Not to Exceed (NTE): 1920 Hrs/Year [Firm-Fixed-Price]
1,920 LT $61.46000 $118,003.20
15A00026CAQA00056 Page 5 of 53
Period of Performance: Option Year 3: 01 April 2029 - 31 March
PSC: R499
Line Period of Performance: 04/01/2029 - 03/31/2030
Unexercised Option 3
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
4001 Technical Operations Branch (TOB) Material Coordinator Specialist
Location: TOB Sterling, VA
Material Coordinator Contractor Support *Not to Exceed (NTE): 1920 Hrs/Year [Firm-Fixed-Price]
Period of Performance: Option Year 4: 01 April 2030 - 31 March
PSC: R499
Line Period of Performance: 04/01/2030 - 03/31/2031
Unexercised Option 4
1,920 LT $63.55000 $122,016.00
Base Total: $106,675.20 Exercised Options Total: $0.00
Unexercised Options Total: $464,486.40 Base and Options Total: $571,161.60
FUNDING DETAILS:
ITEM NO. FUNDING LINE OBLIGATED AMOUNT ACCOUNTING CODES
0001 2 $106,675.20 ATF-2026-700D-FO-701260-LEO-G1P-25218-TOBOP-2026
TOTAL: $106,675.20
15A00026CAQA00056 Page 6 of 53
Section C - Description/Specifications/Statement of Work
This Section Is Intentionally Left Blank
15A00026CAQA00056 Page 7 of 53
Section D - Packaging and Marking
15A00026CAQA00056 Page 8 of 53
Section E - Inspection and Acceptance
15A00026CAQA00056 Page 9 of 53
Section F - Deliveries and Performance
15A00026CAQA00056 Page 10 of 53
Section G - Contract Administration Data
Clauses By Full Text
3.3 ATF Points of Contact
CO: David J. Berger, david.berger@atf.gov
CS: Nya Houston, Nya.Houston@atf.gov
COR: James Masson, James.Masson@atf.gov
15A00026CAQA00056 Page 11 of 53
Section H - Special Contract Requirements
Clauses By Full Text
ATF-01 Accessibility of Electronic and Information Technology (Section 508) (APRIL 2025)
(a) Each Electronic and Information Technology (EIT) product furnished under this contract shall meet or exceed the Electronic and Information Technology Accessibility Standards (36 CFR 1194). If the Contracting Officer (CO) determines any furnished product is not in compliance with the Standards, the CO will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, replace the non-compliant products within the time period specified by the Government in writing. If such replacement is not completed within the time specified, the Government shall have the following options:
1. Cancellation of the contract, agreement, delivery or task order, purchase, or line item without termination liabilities; or
2. In the case of custom EIT being developed for the Government, the Government shall have the right to make any necessary changes or repairs itself or have another party/firm make the changes or repairs. The contractor shall reimburse the Government for any expenses incurred thereby.
(b) For every EIT product supplied under this contract/purchasing vehicle that does not comply with 36 CFR 1194, the contractor shall make every effort to replace or upgrade with a compliant, equivalent product, if commercially available and cost neutral. The replacement will occur on either the planned refresh cycle of the product or on the contract renewal date, whichever occurs first.
(End of Clause)
ATF-09 Notice to Delay Performance (APRIL 2025)
(a) In accordance with the 8(a) Partnership Agreement between the Small Business Administration (SBA) and the Department of Justice (DOJ), which became effective on June 1, 2007, the Contractor shall not begin performance under this purchase order until two- (2-) working days have passed from the date of its receipt.
(b) Unless the Contractor receives notification from the SBA that it is ineligible for this 8(a) award or otherwise receives instructions from the Contracting Officer, performance under this contract/purchasing vehicle may begin on the third (3rd) working day following receipt of such vehicle. If a determination of ineligibility is issued within the two- (2-) day period, the contract/purchasing vehicle shall be considered cancelled.
ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS
In accordance with the clause entitled "Insurance - Work on a Government Installation" in Section I, insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract:
(a) Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(a).
(b) General liability. The contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(b).
(c) Automobile liability. The contractor shall as a minimum, meet the requirements specified at FAR 28.307-2(c).
ATF-14 ELECTRONIC INVOICING
15A00026CAQA00056 Page 12 of 53
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically. Invoicing electronically saves time, money, and physical storage space for both the Government and the contractor.
Each invoice must be a proper invoice in accordance with Federal Acquisition Regulations (FAR) 32.905(b). The contractor may submit a combined invoice with each ATF contract/order number. The invoice must clearly identify the specific Contract Line Item (CLIN) or item number for which the contractor is seeking payment under the contract/order. If the invoice covers multiple CLINs or item numbers, the invoice must clearly identify specific amounts and activity applicable to each.
Electronic invoices must be submitted to the ATF Contracting Officer's Representative (COR)/POC named in Section G/Section
3.3 of this contract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as the official, original copy. The e-mail subject line must contain the name of the ATF COR/POC named in Section G/Section 3.3 of the obligation document, the Order/Award number, the Invoice number and Vendor name (i.e.: John Doe_DJAxxxxxxxxx_Invoice #xxx_ABC, Inc.). ATF will return to the vendor any invoices that do not contain the correct subject line information.
Contractors who are unable to submit electronic invoices may mail their invoices to the COR/POC named in Section G/Section 3.3 of this contract and FMD address provided below:
Bureau of Alcohol, Tobacco, Firearms & Explosives Attn: Finance Branch EXPEDITE CONTRACT INVOICE 99 New York Avenue, NE Mail Drop 4S-288 Washington, DC 20226
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, 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)
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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-20 Government-Furnished Property, Equipment and Information (APRIL 2025)
(a) During performance of a contract, the Government may furnish Government property, equipment and/or information when doing so would be in the best interest of the Government. Government furnished property, equipment, and/or information will be specified within the solicitation when possible and will be included in any resulting contract, task or delivery order or call, if provided.
(b) Request for Government furnished property, equipment and/or information will be reviewed by the Contracting Officer's Technical Representative and approved by the Contracting Officer.
(End of Clause)
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.
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.
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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-31 Key Personnel (APRIL 2025)
(a) Key personnel will include those proposed by the Contractor, to be confirmed in the award letter furnished by the Contracting Officer (CO).
(b) Except as provided in paragraph d) below, during the 180 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the CO, in writing, within 15 days after the occurrence of any of these events and provide the information required by paragraph c) below.
After the initial 180-day period of the contract, the Contractor shall submit the information required by paragraph c) to the CO at least 30 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution and complete Curriculum Vitae for the proposed substitute. The proposed substitute shall have comparable qualifications to those of the person being replaced. The CO shall notify the Contractor within 30-calendar days after receipt of all required information of the decision on the proposed substitution.
(d) For temporary substitutions where the key person will not be reporting to work for three (3) consecutive workdays or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated in paragraph c) above.
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(e) The key personnel listed below are considered essential by the Government and to the work being performed under the contract and shall not be replaced or substituted for the 180 days (or other date specified in the contract) after award. The key personnel assigned to or utilized by the Contractor in the performance of a contract must be accessible to the Government for services under the contract. Replacements due to circumstances beyond the Contractor's control such as death, illness or the like must be of equal or better qualifications and approved by the CO's Representative (COR)/CO. The Contractor and/or Key Personnel shall be insured, licensed and/or certified if required by the state or local statute. The Contractor shall supply proof of state required insurance, license and/or certification to the COR within 30 days after notice of award. The following is the list of key personnel:
1. [CO/CS, insert key personnel, required qualifications, duties, and responsibilities.]
(f) The Government reserves the right to examine and approve or disapprove the Contractor's staff based on information provided in credentials and/or résumés. The COR will notify the Contractor of acceptance of newly proposed employees within 10 days of receipt of credentials, diplomas, and résumés.
(g) Only those individuals that meet the qualifications of the contract, and have been approved by the CO/COR, shall perform services under the contract and the subsequent modifications. Under no circumstances will interns be approved to provide professional services under the contract.
(End of Clause)
ATF-41 Department Policy on Domestic Violence, Sexual Assault And Stalking (APRIL 2025)
(a) It is the Department's 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 (Policy Statement), available in full for public viewing at https://www.justice.gov/jmd/page/file/1047636/dl?inline.
(b) The Contractor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor's employees and employees of subcontractors who will be assigned to work on Department premises.
(c) POINT OF CONTACT FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING: [CO/CS to fill in PRIOR to Award]
(d) The ATF Contractor Victim Point of Contact at ATF is the Contracting Officer and/or Contracting Officer Representative, for the component or components that represent the Contractor's Place of Performance. The Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the ATF Contractor Victim Point of Contact, for the component or components that represent the Contractor's Place of Performance. The Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the ATF Contractor Victim Point of Contact.
(End of Clause)
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 –
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(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)
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-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 (March 9, 2021)
Each party hereby agrees to indemnify, defend and hold the other 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 the party indemnifying or its respective officers, directors, employees, agents, contractors, members or participants (as applicable), provided that with respect to officers, directors, employees, and agents, such individuals are acting within the scope of their employment or agency, as applicable.
(End of Clause)
DOJ-05 Security of Department Information and Systems (OCT 2023)
I. Applicability to Contractors and Subcontractors Section 2839.102 of the Justice Acquisition Regulation (JAR), (48 C.F.R. § 2839.102), applies to this contract. Accordingly, all contractors are obligated to comply with all applicable DOJ security policies, directives, or guidance documents, including the security requirements in the provisions in this contract clause. This contract clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of the contractors and subcontractors (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. The security requirements set forth herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), and any other applicable laws, mandates, contract clauses, DOJ policies, directives or guidance documents and Executive Orders pertaining to the development and operation of Information Systems and/or the protection of Government Information. This clause does not alter or diminish any existing rights, obligations, or liability under any other civil and/or criminal law, rule, regulation, or mandate.
II. General Definitions The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.
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A. Authorization to Operate (“ATO”), as defined in National Institute of Standards and Technology (“NIST”) Special Publication (“SP”) 800-37 Revision 2, is the official management decision given by a senior Federal official or officials to authorize operation of an information system and to explicitly accept the risk to agency operations (including mission, functions, image, or reputation), agency assets, individuals, other organizations, and the Nation based on the implementation of an agreed-upon set of security and privacy controls.
B. Cloud Computing, as defined in DOJ Order 0904 Cybersecurity Program, is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This cloud model is composed of five essential characteristics, three service models, and four deployment models in accordance with NIST SP 800-145.
C. Covered Contract is any contract, order or other agreement under which the contractor, or a subcontractor at any tier, including a cloud service provider, may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information (as defined below) in the course of providing a product or service to the Department, with the exception of acquisitions under the micro-purchase threshold.
D. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information under a Covered Contract.
E. Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data, computer software, and personally identifiable information (PII) (defined below). The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.
F. DOJ Information, as defined in DOJ Order 0904, means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by the Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired to perform the contract.
G. Information, as defined in DOJ Order 0904, is any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. This includes any communication or representation of knowledge in an electronic format that allows it to be stored, retrieved, or transmitted.
H. Information System, means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502(8)).
I. Personally Identifiable Information (“PII”), as defined in the FAR 24.101, means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. It includes but is not limited to common data elements such as names, addresses, dates of birth, and places of employment, to identity documents, Social Security numbers or other government-issued identifiers, precise location information, medical history, and biometric records.
This definition covers all PII that is created by or becomes available to the contractor, including its employees, subcontractors, or affiliates, as a result of performing under this contract. PII, as supplementally defined in DOJ Order 0904, also includes information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual’s identity.
J. Private Cloud, as defined in NIST SP 800-145, is the deployment model for cloud infrastructure provisioned for exclusive use by a single organization comprising multiple consumers (e.g., business units). It may be owned, managed, and operated by the organization, a third party, or some combination of them, and it may exist on or off premises.
K. Security Breach means any security incident (as defined below) that directly relates to the loss of control, compromise, exfiltration, manipulation, unauthorized disclosure, unauthorized acquisition, unauthorized exposure or unauthorized access or any similar occurrence of any Covered Information System or any DOJ Information or any PII accessed by, retrievable from, processed by, stored on, or transmitted within, to or
15A00026CAQA00056 Page 18 of 53 from any such system. This includes incidents where (1) a person other than an authorized user accesses or potentially accesses PII or DOJ Information or (2) an authorized user accesses or potentially accesses PII or DOJ Information for an unauthorized purpose.
a. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed security breach (as defined above).
b. Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed security breach (as defined above).
L. Security Incident means any occurrence that (1) may actually or imminently jeopardize, without lawful authority, the availability, integrity, authentication, confidentiality, or nonrepudiation of DOJ Information or a Covered Information System; or (2) may constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.
a. Potential Security Incident means any suspected, but unconfirmed security incident (as defined above).
b. Confirmed Security Incident means any confirmed security incident (as defined above).
M. Vulnerability, as defined in DOJ Vulnerability Management Plan, and the OCIO Information Security Management Procedure, means a weakness or flaw discovered in the design of a system that, when exploited, may result in a loss of confidentially, integrity, or availability of DOJ Information or an Information System.
III. Confidentiality and Non-Disclosure of DOJ Information A. Preliminary and final contract deliverables and all associated working papers and material generated by the Contractor developed using DOJ Information, product, source code, and/or methods of operations, are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14 (Rights in Data-General). The Contractor will define a method of monitoring the development activity to include any activity associated with DOJ Information, product, source code, and methods of operations. The data rights and development details shall be defined within the Contract.
If the Contractor intends to utilize its existing data, for which it has a patent or copyright, to develop a contract deliverable, it is incumbent upon the Contractor to negotiate with the CO the proper FAR Part 27 clauses in the contract to protect its existing data.
B. Pursuant to FAR 52.227-14(d)(2), all documents and data produced in the performance of this contract containing DOJ Information, product code, source code, and/or methods of operations are the property of the U.S. Government and, without the prior written permission of the CO, the Contractor shall neither reproduce nor release such information to any third-party at any time, including during performance or following expiration and/ or termination of the contract.
C. Any DOJ Information made available to the Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, the Contractor assumes responsibility for the protection of the confidentiality of all DOJ Information processed, stored, or transmitted by the Contractor. The Contractor shall comply with information security responsibilities and duties throughout the contract and after expiration/termination as appropriate per contract close-out activities. When requested by the CO (typically no more than annually), the Contractor shall provide a report to the CO identifying, to the best of the Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).
IV. Compliance with Information Technology Security Policies, Procedures and Requirements A. For all Covered Information Systems, in addition to any other applicable requirements, as set forth in Part I, the Contractor shall comply with the security requirements of the Federal Information Security Modernization
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Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards as amended, and OMB Memoranda relating to the security of information and/or Federal Information Systems.
B. In addition, for all Covered Information Systems, the Contractor shall comply with the following requirements, which are listed here only to highlight certain specific applicable requirements from one of the sources identified in the first paragraph of this Section. This is not an exhaustive list of all such requirements with which the Contractor is obligated to comply, and the omission of a requirement from this list should not be construed as negating the materiality of that requirement. These requirements and those in the authorities in the prior paragraph should be read together.
1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise.
2. Providing security awareness training at least annually to all Contractor employees and contractors involved with the Covered Contract. Such training shall include, but not be limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems.
3. Creating, protecting, and retaining, in accordance with applicable requirements but in any event at least until the expiration of the contract, Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information.
4. Maintaining authorizations to operate any Covered Information System.
5. Performing continuous monitoring on all Covered Information Systems, to include but not be limited to, collecting, reviewing, and analyzing appropriate logs and timely investigating security alerts and potential security incidents.
6. Establishing and maintaining baseline configurations and current inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Covered Information Systems.
7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information System backups.
8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication methods as defined by NIST 800-63-3, Digital Identity Guidelines or current revision.
9. Establishing and maintaining an operational incident handling capability for Covered Information Systems that includes adequate and timely development, logging, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and timely reporting incidents to appropriate officials and authorities within the Contractor’s organization and the DOJ.
10. Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance.
11. Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media, and DOJ assets under Contractor control; protecting them from environmental impacts, access, and equipment positioning requirements defined; limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System media containing DOJ Information before disposal, release or reuse of such media.
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12. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized personnel according to DOJ 03.
13. Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Security standards including personnel background checks.
14. Continuously assessing the risk to DOJ Information in Covered Information Systems, including scanning and remediating vulnerabilities, or implementing appropriate mitigation in accordance with DOJ policy, and ensuring the timely removal of assets no longer supported by the Contractor.
15. Continuously monitoring the application of security controls of Covered Information Systems, assessing the efficacy of such controls, and developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Covered Information Systems.
16. Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries…
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