Solicitation_DJA11RFP0011_4-1-11.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

DJA11RFP0011

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/01/2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Acquisitions Branch

b. TELEPHONE NUMBER (No collect calls)

2026487480

8. OFFER DUE DATE / LOCAL

TIME

04/15/2011 02:00:00

CODE AACQ

ATF - ACQUISTIONS BRANCH

99 New York Ave. NE, #3.S-125 Washington, DC 20226

9. ISSUED BY

UNRESTRICTED OR X SET ASIDE: 100.00% FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

EMERGING SMALL BUSINESS

X 8(A)

NAICS: 541519

SIZE STANDARD: D07

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

A300000CODE15. DELIVER TO

OFFICE OF SCIENCE AND TECHNOLOGY

ATF

99 NEW YORK AVENUE, N.E.

WASHINGTON, DC 20226

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

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

OFFER

SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This is a combined synopsis/solicitation for an 8(a), Firm Fixed Price contract type with cost reimbursable for travel only to obtain contractor support, technical expertise, hardware, and software necessary to provide A2K system support services.

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

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

X 27A. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. __________ OFFER DATED __________.

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Patti Carter

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

DJA11RFP0011 Page 1 of 36

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b.SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

GOVERNMENT REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 3/2005) BACK

DJA11RFP0011 Page 2 of 36

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

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

ATF-01 ACCESIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION

508)

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

ATF-08 SECTION 8(a) DIRECT AWARDS

ATF-11 ATF IDENTIFICATION (ID) MEDIA

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

TECHNOLOGY (IT) SYSTEMS

ATF-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-18 REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE

INFORMATION

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

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

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-23 PRIVACY OR SECURITY SAFEGUARDS

ATF-24 COMPUTER SECURITY

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

ATF-26 SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY IDENTIFIABLE

INFORMATION (PII)

ATF-27 INFORMATION RESELLERS OR DATA BROKERS

ATF-28 CONTRACTOR CERTIFICATION OF COMPLIANCE WITH FEDERAL TAX

REQUIREMENTS

ATF-30 COMMON SECURITY CONFIGURATIONS

ATF-31 KEY PERSONNEL

52.212-3 Offeror Representations and Certifications--Commercial Items (June 2008) 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2008) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Jan 2009) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.223-6 Drug Free Workplace (May 2001) 52.243-1 Changes--Fixed Price (Aug 1987) 52.249-2 Termination For Convenience Of The Government (Fixed-Price)

4 List of Attachments 5 Solicitation Provisions

52.209-5 Certification Regarding Responsibility Matters (Dec 2008) 52.223-13 Certification of Toxic Chemical Release Reporting 52.233-2 Service of Protest (Sept 2006)

DJA11RFP0011 Page 3 of 36

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 System Maintenance/Services of 42 sites in accordance with SOW Task 4.1 thru 4.3 - BASE YEAR

Line Period of Performance: 07/01/2011 - 06/30/2012

0.000000 YR $____________ $___________________

0002 System Maintenance/Services of 42 sites in accordance with SOW Task 4.1 thru 4.3 - OPTION YEAR 1

Line Period of Performance: 07/01/2012 - 06/30/2013

0.000000 YR $____________ $___________________

0003 System Maintenance/Services of 42 sites in accordance with SOW Task 4.1 thru 4.3 - OPTION YEAR 2

Line Period of Performance: 07/01/2013 - 06/30/2014

0.000000 YR $____________ $___________________

0004 System Maintenance/Services of 42 sites in accordance with SOW Task 4.1 thru 4.3 - OPTION YEAR 3

Line Period of Performance: 07/01/2014 - 06/30/2015

0.000000 YR $____________ $___________________

0005 System Maintenance/Services of 42 sites in accordance with SOW Task 4.1 thru 4.3 - OPTION YEAR 4

Line Period of Performance: 07/01/2015 - 06/30/2016

0.000000 YR $____________ $___________________

0006 OPTIONAL LINE ITEM

Implementation of new sites including (hardware, acquisition, system configuration, software installation, training, and onsite installation) minimum of 20 sites per year.

Line Period of Performance: 07/01/2011 - 06/30/2016

0.000000 EA $____________ $___________________

0007 OPTIONAL LINE ITEM

Refresh for 10 sites (out of warranty servers) - minimum of 2 per year.

Line Period of Performance: 07/01/2011 - 06/30/2016

0.000000 EA $____________ $___________________

0008 OPTIONAL LINE ITEM

Upgrade for 30 sites - minimum of 6 sites per year.

Line Period of Performance: 07/01/2011 - 06/30/2016

0.000000 EA $____________ $___________________

0009 Travel/ODC

Line Period of Performance: 07/01/2011 - 06/30/2016

0.000000 LT $____________ $___________________

DJA11RFP0011 Page 4 of 36

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2008)

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

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

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

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

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

(d) Disputes. This contract is subject to 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 delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, 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-

DJA11RFP0011 Page 5 of 36 ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

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

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

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

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

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

(i) Remit the overpayment amount to the payment office cited in the contract along with adescription 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.

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

DJA11RFP0011 Page 6 of 36

(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement in-tegrity.

(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 Govern-ment'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 novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of-ficer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to

DJA11RFP0011 Page 7 of 36 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 ht-tp://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Oct 2008)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far

Clause Title

52.244-6 Subcontracts for Commercial Items (Dec 2008)

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

52.233-3 Protest after Award (Aug 1996)

52.233-1 Disputes (July 2002)

52.232-25 Prompt Payment (Oct 2008)

52.232-17 Interest (Oct 2008)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.204-7 Central Contractor Registration (Apr 2008)

52.204-2 Security Requirements (Aug 1996)

Clauses by Full Text

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

(a) Mr./Ms. [Name] of [Organization] [Room No.], [Building], [Address], [Area Code & Telephone No.], is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract.

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

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-

DJA11RFP0011 Page 8 of 36 tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

ATF-01 ACCESIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION 508)

ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION 508). (Revised September 24, 2008)

(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 determines any furnished product is not in compliance with the Standards, the Contracting Officer will promptly inform the Contractor in writing.The Contractor shall, without charge to the Government, replace the non-compliant products within the period of time specified by the Government in writing.If such replacement is not completed within the time specified, the Government shall have the following recourses:

(1) cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

(2) in the case of custom Electronic and Information Technology (EIT) being developed for the Government, the Government shall have the right to make any necessary changes or repairs itself or have another 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 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-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

Personnel Security Requirements

The Contractor shall be responsible for ensuring that all Contractor employees assigned hereunder shall undergo a background invest-igation or other applicable personnel security procedures to determine their suitability for access to ATF information, information technology systems, and/or facilities. For the purpose of this contract, the term background investigation will be utilized to also refer-ence other personnel security procedures that may be applied in lieu of a full background investigation.

The background investigation will be conducted by or under the auspices of the Personnel Security Branch, Office of Professional Re-sponsibility and Security Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is the responsibility of the Con-tractor to provide the necessary personnel suitability and security package in a timely manner, through the assigned Contracting Of-ficer’s Technical Representative (COTR), to ATF’s Personnel Security Branch (PSB) so that a background investigation can be con-ducted.

The Contractor shall screen and review each potential Contractor employee and ensure that each potential Contractor employee to be assigned to this contract possess a personal history that is in compliance with Department of Justice (DOJ) and ATF agency specific qualifications and will permit each employee to successfully pass a background investigation conducted by the ATF. The Contractor shall not submit a personnel suitability and security package to the COTR until the Contractor has screened the following aspects of each potential Contractor employee’s personal history:

1. Criminal conduct

2. Financial responsibility

3. Drug use

4. Employment history

5. Employment eligibility

6. Selective Service registration, if applicable

7. U.S. Residency

8. Country of citizenship

During the Contractor’s review of each potential Contractor employee’s personal history, the Contractor is required to review each po-

DJA11RFP0011 Page 9 of 36 tential Contractor employee’s personnel suitability and security package to ensure the forms are fully complete, signed, and dated.

Prior to submitting a personnel suitability and security package, the Contractor shall utilize E-Verify to verify the employment eligib-ility of all Contractor employees, regardless of citizenship status. The Contractor will not submit a personnel suitability and security package when employment eligibility cannot be verified. The Contractor can register for E-Verify on-line at ht-tps://www.vis-dhs.com/employerregistration/. This website provides instructions for completing a Memorandum of Understanding re-quired for official registration. Contractors requesting additional information about the program can visit the E-Verify website at www.dhs.gov/E-Verify or call the E-Verify program office at 1-888-464-4218.

The Contractor must submit a copy of a tentative employment offer with the personnel suitability and security package when it is sub-mitted on a potential Contractor employee.

The Contractor is hereby advised that a background investigation may take sixty (60) days or more to complete, depending on the complexity of the background investigation. The Contractor is encouraged to fill all positions with employees who have recently been the subject of a Federal background investigation.

At the conclusion of the background investigation, the Personnel Security Branch will make a favorable or unfavorable determination and advise the COTR and the Contracting Officer (CO). The CO or the COTR is responsible for advising the Contractor of ATF’s de-termination.

Contractor employees are not authorized to access ATF proprietary information, information technology systems, and/or fa-cilities, until a favorable determination has been made by the Personnel Security Branch in accordance with agency specific qualifications, DOJ policy, Federal suitability, and/or adjudicative guidelines.

All background investigations will be adjudicated applying the suitability standards under 5 CFR, part 731, as well as the following DOJ policy and ATF agency specific qualifications:

(1) DOJ Residency Requirement. Immediately prior to gaining access to ATF information, information technology systems, and/or fa-cilities the PSB staff ensures all Contractor employees have:

(a) Resided in the United States for three (3) out of the last five (5) years; and/or

(b) Worked for the United States in a foreign country in a Federal or military capacity for three (3) out of the last fives (5) years; and/ or

(c) Been a dependent of a Federal or military employee in a foreign country for three (3) out of the last five (5) years.

(2) Allied Nations List. Contractor employees that only require access to ATF facilities must be United States citizens or foreign na-tionals legally permitted to reside in the United States. Their country of citizenship must be listed on the Allied Nations list published by the Department of State, Office of the Assistant Legal Advisor for Treaty Affairs. Since countries on this list are subject to change, refer to the following website for current information: http://www.opm.gov/employ/html/Citizen.htm.

(3) Drug Policy. ATF Drug Policy for ATF Applicants, is applied. The PSB ensures that ATF Contractor employees are compliant with the policy prior to authorizing access to ATF information, information technology systems, and/or facilities.

(4) Selective Service. PSB will verify that all laws of the Selective Service are adhered to.

(5) Financial Responsibilities. The PSB ensures compliance with DOJ guidance surrounding financial obligations.

(a) Public Trust Positions - All financial obligations imposed by law must be favorably resolved through proof of payment and/or par-ticipation in a payment plan. For all other debt-related issues a risk management decision may be made in lieu of requiring payment or a payment plan. (Depending upon the position and debt history, PSB may require proof of payment and/or participation in a payment plan for financial delinquencies that are not imposed by law.)

(b) National Security Positions – All delinquent financial obligations, even those not imposed by law, must be favorably resolved

DJA11RFP0011 Page 10 of 36 through proof of payment, and/or participation in a payment plan, or otherwise resolved.

(6) Foreign Nationals Accessing Information Technology Systems. DOJ Order 2640.2F Information Technology Security, states non- U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems.

(7) Homeland Security Presidential Directive 12. The PSB will conduct Personal Identity Verification to confirm the identity of the Contractor employee. Contractor employees must personally present two forms of identification in original form prior to accessing ATF information, information technology systems, and/or facilities. At least one document must be a valid State or Federal govern-ment-issued picture ID.

In the event a contract employee is found to be non-compliant with the agency specific qualifications, PSB will notify the COTR and the CO. The request for investigation will be terminated and the contractor may be requested to submit another name and complete personnel suitability and security package. Additional agency specific qualifications may be implemented without notice to the Con-tractor.

Denial or Disapproval of Access to ATF Information, Information Technology Systems, and/or Facilities

In the event that a Contractor employee is denied or disapproved for access to ATF information, information technology systems, and/ or facilities due to issues found during the background investigation, the Personnel Security Branch will notify the COTR and the CO.

The contractor may be requested to submit another name and complete personnel suitability and security package.

Freedom of Information Act Requests

Once a determination has been made by the PSB, a Contractor employee may receive a copy of his/her background investigative file by submitting a written Freedom of Information Act request. The request must be addressed to the Disclosure Division, Bureau of Al-cohol, Tobacco, Firearms and Explosives, 99 New York Avenue, NE, Suite 1E-400, Washington, DC 20226. It is the responsibility of the Contractor employee to assume all monetary liabilities associated with such request.

Police Check Inquiries

In those instances where the Contractor believes that its employees will not need unescorted access to ATF facilities, or access to any ATF proprietary information, data or information technology systems, the Contractor shall notify the COTR. The COTR will then ap-prise ATF’s PSB of the Contractor’s initial determination, citing the reasons thereof. The PSB, in consultation with the COTR or the CO, will make the final determination as to whether or not the Contractor employee will need to undergo a background investigation.

The nature and specific degree of background investigation will be determined by the PSB, depending upon the nature and degree of risk associated with the contract position. When ATF’s PSB determines that the Contractor will require escorted access to ATF facilit-ies, and/or ATF construction sites, or will only be provided with access to ATF non-sensitive information, the Contractor employee must undergo a criminal history check. The Physical Security Programs Branch or the respective field division/office is responsible for conducting the criminal history check and making the favorable or unfavorable determination.

Access to Classified National Security Information

In the event the Contractor employee requires access to classified National Security Information (NSI), in order to fulfill contractual requirements, the COTR or the CO must contact the PSB. The PSB will assess the requirements and make a determination if access to NSI is required at the Confidential, Secret, or Top Secret level (which may or may not include access to Sensitive Compartmented In-formation. If the PSB determines that access to NSI is required, the contract must be modified to incorporate the requirements of the National Industrial Security Program (NISP). The PSB will provide additional personnel security language to the CO and coordinate all additional personnel security requirements of the NISP with the COTR.

DJA11RFP0011 Page 11 of 36

ATF-08 SECTION 8(a) DIRECT AWARDS

SECTION 8(a) DIRECT AWARDS. (July 19, 2007)

(a)This purchase order or contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to the Memorandum of Understanding between the Small Business Administration (SBA) and the Department of Justice.SBA retains re-sponsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and provides counseling and assistance to the 8(a) contractor under the 8(a) program.The cognizant SBA District Office is:Washington DC, located at 740 15th Street, NW 3rd Floor, Washington, DC. The SBA 8(a) Business Development Specialist is Maria Asuelimen, 202-272--0383 or via e-mail to:

Maria.Asuelimen@sba.gov

(b)The contracting officer is responsible for administering the purchase order or contract and taking any action on behalf of the Gov-ernment under the terms and conditions of the purchase order or contract.However, the contracting officer shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the purchase order or contract.The contracting officer shall also coordinate with SBA prior to processing any novation agreement.The contracting officer may assign con-tract administration functions to a contract administration office.

(c)The contractor agrees:

(1)To notify the contracting officer, simultaneously with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based,plan to relinquish ownership or control of the concern.Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for con-venience, unless SBA waives the requirement for termination prior to the actual relinquishing of control; and

(2)To adhere to the requirements of FAR 52.219-14, Limitations on Subcontracting.

(End of Clause)

ATF-11 ATF IDENTIFICATION (ID) MEDIA

ATF IDENTIFICATION (ID) MEDIA (Revised April 3, 2008)

Contractor personnel who successfully complete the background investigation will be issued ATF Idenitification (ID) MEDIA and those assigned to provide services in the ATF Headquarters building or other ATF facilities will be issued an electronic access card.

ID Media and Access Control Cards are the property of the United States Government (ATF) and must be accounted for at all times.It is the responsibility of the contract manager and the COTR to ensure that the ID Media and access card of any employee who leaves the contract is recovered and immediately returned and forwarded or delivered to the ATF Physical Security Programs Branch.

If ID MEDIA or access cards are lost, stolen, or not recovered, the contractor is liable for replacement costs.In addition, payroll, or other monies due individuals may be held until ID media is returned or otherwise accounted for by separating individuals, or the result of an appropriate investigation.The COTR shall initiate appropriate loss/theft reports to document the event.Copies of the required re-ports shall be provided to the Physical Security Programs Branch and the Office of Inspection.

(End of Clause)

ATF-12 NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION TECHNOLOGY (IT) SYSTEMS

NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION TECHNOLOGY (IT) SYSTEMS. (Revised May 31,2007)

The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for any po-sition that involves access to or development of any DOJ Information Technology (IT) system.By signing the contract or commitment document, the contractor agrees to this restriction.

In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.

Financial Responsibility: Contractor employees who have delinquent unpaid debt may be required to provide proof of payment and/or proof of participation in a payment plan. If this documentation cannot be provided, the Contractor employee's background investiga-tion may be terminated and/or access to A TF facilities, proprietary information and data, including automated information systems, without being offered an opportunity to mitigate the information.

DJA11RFP0011 Page 12 of 36

A contractor employee who is in direct violation of a policy established, by DOJ or ATF may be denied access to ATF facilities, pro-prietary information and data. including automated information systems, without being offered an opportunity to mitigate the informa-tion.

(End of Clause)

ATF-14 ELECTRONIC INVOICING

ELECTRONIC INVOICING (Revised October 27,2008)

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

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

Electronic invoices must be submitted to the ATF 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 con-tain the name of the ATF COTR/POC named in Section G of this contract (i.e., John Doe Contract Invoice Oct 08). 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 COTR/POC named in Section G of this con-tract 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 (Revised March 17,2009)

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

December 10th for the quarter ending December 31; March 10th for the quarter ending March 31; June 10th for the quarter ending June 30th; and September 10th for the quarter ending September 30th.The information will be used for the preparation of ATF's Fin-ancial Statements purpose only.

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

DJA11RFP0011 Page 13 of 36

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 (Revised July 19, 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 situ-ation 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 remed-ies provided by law or under this contract.

(End of Clause)

ATF-18 REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE INFORMATION

REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE INFORMATION (Revised July 19, 2007)

(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) (if any) agree to maintain the confidentiality of all data to which access may be gained throughout the con-tractperformance, whether title thereto vests in the Government or otherwise.The Contractor and its subcontractor(s) (if any) agree to not disclose said data, any interpretations and/or translations thereof, or data derivative, to unauthorized parties in contravention of these provisions, without the prior written approval of the Contracting Officer or the party in which title thereto is wholly ves-ted.Subcontractors are subject to the same stipulations and may be held responsible for any violations of confidentiality.

(b)The Contractor agrees that each Contractor employee, prior to and as a pre-condition for employment relating to the subject matter of this order, will be required to execute a Nondisclosure Agreement as provided.The Contractor shall provide the Contracting Officer with the original copy of this form signed by each employee prior to the employee's start date on the contract.

(End of Clause)

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

AUTHORITY TO OBLIGATE THE GOVERNMENT (Revised July 19, 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.

DJA11RFP0011 Page 14 of 36

ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

GOVERNMENT FURNISHED PROPERTY AND SERVICES (Revised July 19, 2007) a)The Government may furnish the Contractor property, services or information when doing so would be in the best interest of the Government.Government furnished property services/information will be specified on each order and/or contract.

b)Request for Government property will be approved by the Contracting…