DJA10S000070 Canine Solicitation.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

DJA10S000070 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

09/07/2010

6. REQUISITION/PURCHASE NUMBER

RQ 1050100001014

CODE ACQ

ATF - Logistics & Acquisition Division Acquisitions Branch 99 New York Ave. NE, #3.S-125 Washington, DC 20226

7. ISSUED BY

ATF - Logistics & Acquisition Division Acquisitions Branch 99 New York Ave. NE, #3.S-125 Washington, DC 20226

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

17:00:00 10/21/2010

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

AREA CODE NUMBER EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 3 X I CONTRACT CLAUSES 14-24

X B SUPPLIES OR SERVICES AND PRICES/COSTS 3-6 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT 6-9 X J LIST OF ATTACHMENTS 24

X D PACKAGING AND MARKING 9 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 9-10

X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

24-36

X F DELIVERIES OR PERFORMANCE 10

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 36-37X G CONTRACT ADMINISTRATION DATA 10-11

X M EVALUATION FACTORS FOR AWARD 37-39X H SPECIAL CONTRACT REQUIREMENTS 11-14

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section 1, Clause No. 52.232-8)

10 CALENDER DAYS(%) 20 CALENDER DAYS(%) 30 CALENDER DAYS(%)

14. ACKNOWLEDGEMENT OF AMEND- MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE ATF - Finance Branch 99 New York Avenue NE, #4.S-288 FinanceBranch@ATF.gov Washington, DC 20226

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

Table of Contents

Section Description Page Number

0 Commercial Clauses A Solicitation/Contract Form

Section A Solicitation/Contract Form B Supplies or Services and Prices/Costs

Section B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work

Section C Descriptions and Specifications D Packaging and Marking

Section D Packaging and Marking E Inspection and Acceptance

Section E Inspection and Acceptance F Deliveries or Performance

Section F Deliveries or Performance G Contract Administration Data

Section G Contract Administration Data H Special Contract Requirements

Section H Special Contract Requirements (ATF & DOJ Clauses)

ATF-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

I Contract Clauses Section I Contract Clauses (FAR Clauses Required Depending on Solicitation/Contract) 52.212-4 Contract Terms and Conditions--Commercial Items (Mar 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option To Extend The Term Of The Contract 52.204-7 Central Contractor Registration (Apr 2008) 52.232-1 Payments (Apr 1984) 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (Jul 1995) 52.202-1 Definitions (July 2004) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.243-1 Changes--Fixed Price (Aug 1987) 52.244-6 Subcontracts for Commercial Items (Apr 2010) 52.219-14 Limitations on Subcontracting (Dec 1996)

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

K Representations, Certifications and Other Statements of Offerors or Respondents Section K Representations, Certifications and Other Statements of Offerors 52.212-3 Offeror Representations and Certifications--Commercial Items (Aug 2009) 52.209-5 Certification Regarding Responsibility Matters (Apr 2010)

L Instructions, Conditions and Notices to Offerors or Respondents Section L Instructions, Conditions and Notices to Bidders 52.204-6 Data Universal Numbering System (DUNS) Number (APR 2008)

M Evaluation Factors for Award Section M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990)

Summary Info Continuation Page Continuation Sheet

Section A - Solicitation/Contract Form

Section A Solicitation/Contract Form

Section B - Supplies or Services and Prices/Costs

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

1 Miscellaneous Products Total : 1.000000 YR

Period of Performance: 12/01/2010 - 11/30/2011 Description:BASE PERIOD: from date of award through 12 months

The contractor shall provide Canines as described in the attached Statement of Work

Delivery Schedule:

Delivery Number Delivery Date Quantity

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

2 Miscellaneous Products Total : 1.000000 YR

Period of Performance: 12/01/2011 - 11/30/2012 Description:OPTION PERIOD ONE: 12 Months and one day after award through 24 months after award

The contractor shall provide Canines as described in the attached Statement of Work

Delivery Schedule:

Delivery Number Delivery Date Quantity

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

3 Miscellaneous Products Total : 1.000000 YR

Period of Performance: 12/01/2012 - 11/30/2013 Description:OPTION PERIOD TWO: 24 Months and one day after award through 36 months after award

The contractor shall provide Canines as described in the attached Statement of Work

Delivery Schedule:

Delivery Number Delivery Date Quantity

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

4 Miscellaneous Products Total : 1.000000 YR

Period of Performance: 12/01/2013 - 11/30/2014 Description:OPTION PERIOD THREE: 36 Months and one day after award through 48 months after award

The contractor shall provide Canines as described in the attached Statement of Work

Delivery Schedule:

Delivery Number Delivery Date Quantity

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

5 Miscellaneous Products Total : 1.000000 YR

Period of Performance: 12/01/2014 - 11/30/2015 Description:OPTION PERIOD FOUR: 48 Months and one day after award through 60 months after award

The contractor shall provide Canines as described in the attached Statement of Work

Delivery Schedule:

Delivery Number Delivery Date Quantity

Accounting Line Accounting and Appropriations Data:

Accounting and Funding Total:

Grand Total: $0.00

IDC Constraints Line Item

Line Number Minumum Quantity Minimum Amount Maximum Quantity Maximum Amount

Section B Supplies or Services and Prices/Costs

DJA10S000070 SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SERVICES BEING PROCURED

The Bureau of Alcohol, Tobacco, Firearms and Explosives ATF contemplates the award of a Multiple Award, Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract for Canines on behalf of ATF’s National Canine Training and Opera-tions Center (NCTOC).

B.2 TERM OF CONTRACT

The proposed contract shall be for a base period of 12 months from the date of contract award, plus four (4), one (1) year op-tion periods; not to exceed five (5) years.

B.3 GOVERNMENT OBLIGATION

The anticipated overall contract ceiling is $9 million and $882,000 per award. The Government minimum guarantee under the base year and option years (if exercised) is $1,000 per year.

B.4 DELIVERY ORDER

Canines will be delivered in response to funded delivery orders issued against this contract. Delivery orders issued against the contract will be individually funded. Because this is an IDIQ requirement, the contract will not contain any funding. Each delivery or-der must reference the awarded contract number assigned by ATF. The standard ordering procedures for the multiple award IDIQ con-tract for the Canines will follow the procedures as outlined in the Federal Acquisition Regulation (FAR) Part 16.505. When appropri-ate, non-availability of qualified canines from other awarded contractors will satisfy the requirement of fair opportunity.

B.5 DELIVERY ORDER MINIMUM AND MAXIMUM LEVELS

Minimum amount of canines that can be procured per month will be one (1) canine, with a maximum of one hundred (100) canines per month.

B.6 PRICING SCHEDULE

BASE PERIOD: Award date through 12 months

OPTION PERIOD ONE: 12 months and a day after date of award through 24 months

OPTION PERIOD TWO: 24 months and a day after date of award through 36 months

OPTION PERIOD THREE: 36 months and a day after date of award through 48 months

OPTION PERIOD FOUR: 48 months and a day after date of award through 60 months

Canines located outside of a 450 mile radius must be transported to the ATF, NCTOC facility by the vendor. In the event vendor transportation isn’t available outside the 450 mile radius, the cost incurred by the government for transportation of said canines will be subtracted from the canine purchase price. Contractors outside the 450 mile radius should include the potential transportation cost within the fixed price of the Canine. The 450 Mile radius is based from Front Royal, Virginia.

BASE PERIOD: from date of award through 12 months

CLIN DESCRIPTION UNIT FIXED

PRICE

0001 Canines EA ____________

OPTION PERIOD ONE: 12 months and one day after award through 24 months after award

CLIN DESCRIPTION UNIT FIXED

PRICE

1001 Canines EA ____________

OPTION PERIOD TWO: 24 months and one day after award through 36 months after award.

CLIN DESCRIPTION UNIT FIXED

PRICE

2001 Canines EA ____________

OPTION PERIOD THREE: 36 months and one day after award through 48 months after award.

CLIN DESCRIPTION UNIT FIXED

PRICE

3001 Canines EA ____________

OPTION PERIOD FOUR: 48 months and one day after award through 60 months after award.

CLIN DESCRIPTION UNIT FIXED

PRICE

4001 Canines EA ____________

Section C - Descriptions/Specifications/Statement of Work

Descriptions & Specifications

IDC Constraints Document

Section C Descriptions and Specifications

DJA10S000070 SECTION C

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, & Explosives

STATEMENT OF WORK (SOW) FOR CANINES

BACKGROUND

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), National Center for Explosives Training and Research Division requires Labrador retrievers for a base year and up to four additional option years. These re-trievers will be trained by ATF as explosives and accelerant detection canines and utilized as part of the Depart-ment of State’s Antiterrorism Assistance Program, or assigned to a State, Local or Federal Law Enforcement agency. ATF estimates that it may purchase up to 500 Labrador retrievers over a five-year period.

DESCRIPTION/SPECIFICATIONS:

1. Estimated canine procurement starting and ending with 100 canines annually; 500 canines estimated over five years.

2. All canines will have an initial entry test either at the offeror’s facility or at the ATF National Canine Training and Operations Center (NCTOC). A complex secondary evaluation will be performed at the ATF NC- TOC within 14 days of arrival at the ATF kennel facility. Post secondary testing the canine is deemed unac-ceptable the cost of return of the canine will be at the vendor’s expense.

3. If a canine is purchased and later determined to be unacceptable the contractor will have the option to pro-vide a full refund to the government or provide an acceptable replacement canine while adhering to the predefined criteria.

4. Canines located outside of a 450 mile radius must be transported to the ATF, (NCTOC) facility by the vendor. In the event vendor transportation isn’t feasible the cost incurred by the government for transportation of said canines will be subtracted from the canine purchase price.

The following are a list of minimum documented requirements for a potential ATF canine:

1. Breed specific – must be a Labrador retriever and possess the traits that the breed is known for – outgoing, confi-dent, socialized.

2. Minimum of 10 months of age

3. Maximum of 30 months of age at entrance to the ATF kennel facility

4. Spayed – no previous pregnancies

5. Neutered

6. Vaccines current – within the past 12 months will be considered current and a historical record from whelp date

(Distemper combination vaccine, Rabies, Lyme, Bordetella)

7. Internal parasite testing current with a negative result within the past 12 months (blood and stool parasites)

8. Current on all preventative medications – Heartworm, flea, and tick.

9. Current Physical examination documented by a Veterinarian within the past 12 months 10.Normal hip and elbow x-rays – no evidence of Degenerative Joint Disease or previous injuries 11.Complete disclosure of medical history from vendor 12.Complete disclosure of previous owner/puppy raiser history 13.Food oriented – strong desire for a food reward

14. In good health, athletic, working dog condition

Disqualifying medical issues consisting of, but are not limited to, the following three (3) or more documented separate incidents within one year):

1. Chipped, fractured or discolored teeth

2. Missing canine teeth

3. Severe over/under bite

4. History of seizures or collapsing

5. Diagnosis of a soft trachea

6. Diagnosis or evidence of Ectropion or Entropion

7. Evidence of severe laxity of the eyelids that would deter from their normal function

8. Hip and/or elbow dysplasia, lameness, or any other skeletal abnormalities

9. Chronic skin conditions / Chronic Allergies 10.Current symptoms of Panosteitis 11.Chronic gastrointestinal conditions – diarrhea, vomiting.

12.Obesity 13.Evidence of a heart or thyroid conditions 14.Chronic Otitis 15.Obvious cosmetic blemishes that deter from the normal condition of a Labrador retriever i.e. cropped ears or docked tails (not inclusive) 16.Chronic health problems of any kind

Disqualifying behavioral issues consisting of, but are not limited to, the following:

1. Behavior issues to include aggression towards other canines, people, or different species of animals.

2. Lack of confidence

A. Stairs (closed back)

B. Stairs (open back)

C. Slick floors

D. Unfamiliar flooring of any kind

E. Unfamiliar surroundings

F. Strangers

1. Noise or hand shy

2. Submissive

3. Fear of loading and or riding in a vehicle – motion sickness

4. Lack of food desire

Other:

1. Must have a propensity to follow directions from an unfamiliar handler

2. Must exhibit evidence of inquisitiveness with a desire to explore the environment, especially, an apparent interest in odors as exhibited by sniffing new objects

3. Must be willing to work in confined areas, dark enclosed areas, no fear of heights, moving objects or moving floor surfaces

4. Must be willing to retrieve food from under vehicles, open areas, confined areas, dark areas and moving surfaces

5. Canines will be returned if they develop a genetically pre-disclosed illness or fail an incoming physical examination – an acceptable replacement must be provided by the vendor within 30 days

6. Canines will be returned if they develop unacceptable and not previously disclosed behavioral issues – an acceptable replacement must be provided by the vendor within 30 days

Contractor must allow the government to inspect its facilities prior to award and if the contractor does receive an award ATF will still have the right to periodically inspect the facility to ensure that the canines are still being raised in accordance to the statement of work. Should the Government determine the facility is not up to nor-mal standards an award will not be given or an award could be terminated.

(Normal standard is defined as a facility whose environment is conducive to proper veterinary and sanitary conditions for the health and welfare of the canine population as well as an environment suitable for behav-iorally and socially sound rearing. All animals must be maintained according to federal, state and local animal welfare regulations and laws.)

Section D - Packaging and Marking

Packaging and Marking

Section D Packaging and Marking

Section E - Inspection and Acceptance

Inspection and Acceptance

Section E Inspection and Acceptance

DJA10S000070 SECTION E

SECTION E - INSPECTION AND ACCEPTANCE

All canines will be thoroughly inspected by the National Canine Training and Operations Center (NCTOC). Final inspec-tion and acceptance of the canines will occur by the COTR or appropriate Government personnel within the (NCTOC).

Canines will be returned if they develop a genetically pre-disclosed illness or fail an incoming physical exami-nation – an acceptable replacement must be provided by the vendor within 30 days

Canines will be returned if they develop unacceptable and not previously disclosed behavioral issues – an ac-ceptable replacement must be provided by the vendor within 30 days

Section F - Deliveries or Performance

Deliveries or Performance

PERIOD OF PERFORMANCE

ITEM START END

1 12/01/2010 11/30/2011

PERIOD OF PERFORMANCE

ITEM START END

2 12/01/2011 11/30/2012

PERIOD OF PERFORMANCE

ITEM START END

3 12/01/2012 11/30/2013

PERIOD OF PERFORMANCE

ITEM START END

4 12/01/2013 11/30/2014

PERIOD OF PERFORMANCE

ITEM START END

5 12/01/2014 11/30/2015

Section F Deliveries or Performance

DJA10S000070 SECTION F

SECTION F - DELIVERIES OR PERFORMANCE

This Contractor will have the responsibility to ensure that the canines that are procured on funded delivery or-ders are delivered to their proper destination (Front Royal, VA) at no extra cost to the Government. The COTR will rate the contractor’s performance based on surveys and the quality of the canines received on an annual ba-sis.

Section G - Contract Administration Data

Contract Administration Data Accounting Data

Section G Contract Administration Data

DJA10S000070 SECTION G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

The resultant contract will be administered by:

Department of Justice

Bureau of Alcohol, Tobacco Firearms and Explosives

Logistic Acquisition Division

99 New York Avenue NE

Washington, D.C. 20226

POC Jim Huff Contracting Officer

PH# 202/648-9117

E-Mail: james.huff@atf.gov

G.2 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

The Designated COTR for this contract is:

Tammie Adams

National Canine Training and Operations Center

122 Cavalry Drive

Front Royal, VA, 22630-4595

PH# 540/622-8646

E-Mail tammie.adams@atf.gov

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE

a. The Contracting Officer may designate Government personnel to act as the Contracting Officer’s Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the Contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

b. The COTR shall not sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer

Section H - Special Contract Requirements

Special Contract Requirements

Section H Special Contract Requirements (ATF & DOJ Clauses)

ATF-14 ELECTRONIC INVOICING

ELECTRONIC INVOICING (OCTOBER 2008)

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

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

Electronic invoices must be submitted to the ATF COTR/POC named in Section G of this contract and Financial Management Divi-sion (FMD), FinanceBranch@ATF.gov. Electronic invoices will serve as the official original copy. The e-mail subject line must contain the name of the ATF COTR/POC named in Section G of this contract (i.e., John Doe Contract Invoice Oct 08). ATF will re-turn 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 COTR/POC named in Section G 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-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILTY INQUIRIES (MARCH 2009)

ATF contractors are required to provide quarterly contractor accounts payable liabilities. These quarterly submissions require contrac-tors to update information on unpaid bills and non-invoiced activity. The quarterly submissions must be received by these dates: De-cember 10th for the quarter ending December 31; March 10th for the quarter ending March 31; June 10th for the quarter ending June 30th; and September 10th for the quarter ending September 30th. The information will be used for the preparation of ATF's Financial Statements purpose only.

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

Link to the Business Opportunities page: http://www.atf.gov/acquisition/index.htm Link to the What's New page: http://www.atf.gov/acquisition/whatsnew.htm Link to the Vendor Instructions: http://www.atf.gov/acquisition/vendor_query_instructions.doc Link to the Excel Spreadsheet: http://www.atf.gov/acquisition/vendor_query_spreadsheet_template.xls

Contractors who are unable to submit this information via e-mail, must have this information mailed and received by the due dates stated above to the ATF COTR/POC named in Section G of this contract and ATF's Accounting Branch at the address provided be-low:

Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF)

Attn: Accounting Branch Expedite Quarterly Contractor Inquiries

99 New York Avenue, NE

Mail Drop 4S-288

Washington, DC 20226

Failure to provide this information within the specific time may result in delays of invoice payments or reflect negatively in the con-tractor's performance evaluation, as specified in Federal Acquisition Regulation (FAR) Part 42.1501.

(End of Clause)

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

NOTICE TO THE GOVERNMENT OF DELAYS (MAY 2007)

In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situa-tion is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting Officer and the COTR(s), in writing, giving pertinent details; provided, however, that this date shall be information only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or reme-dies provided by law or under this contract.

(End of Clause)

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

AUTHORITY TO OBLIGATE THE GOVERNMENT (MAY 2007)

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

(End of Clause)

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

CONFIDENTIALITY OF INFORMATION AND DISCLOSURE (APRIL 2008)

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 rma-infotion 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 fur-nished pursuant to this contract without prior written approval from the Contracting Officer. 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 Contracting Officer. The Contractor is prohibited from re-leasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services per-formed under this contract until report approval or official review has been obtained. Furthermore, the contractor shall insure that the cover of all interim, draft and final reports contain the following statement: "The view, opinions, and/or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation."

The Contractor agrees to immediately notify in writing the Contracting Officer named herein, in the event that the Contractor eter-dmines or has reason to suspect a breach of this requirement. The Contractor agrees to insert the substance of this clause in any con-sultant agreement or subcontract hereunder.

(a) Confidential information, as used in this clause, means (1) information or data of a personal nature proprietary about an individual, or (2) information or data submitted by or pertaining CONFIDENTIALITY to an institution or organization, or (3) information or data pertaining to a law enforcement investigation or operation.

(b) In addition to the types of confidential information described in (a) (1), (2) and (3) above, information which might require special consideration with regard to the timing of its disclosure such as draft budget and strategic plans, studies or research, audits, etc.

(c) The Contracting Officer and the Contractor may, by mutual consent, 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 Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the Disputes clause.

(d) 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.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individ-ual, institution, or organization. Confidential information, as defined in (a)(3) shall not be disclosed without the prior written consent of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

(f) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in es-qution is subject to the Privacy Act or is confidential information subject tot he provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(g) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provi-sions in other Federal, State, or local laws.

(End of Clause)

Section I - Contract Clauses

Contract Clauses

Section I Contract Clauses (FAR Clauses Required Depending on Solicitation/Contract)

52.212-4 Contract Terms and Conditions--Commercial Items (Mar 2009)

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

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

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

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this con-tract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by refer-ence. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason-able control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and de-lays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall --

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95–563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, regardless of when or where the Government takes physical possession.

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to pro-curement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or-der:

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

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

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding no-vation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a min-imum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the re-quirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

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

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Reserved]

__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (9)(i) 52.219-7, Notice of Partial Small Business…