Solicitation_DJA11RFP0011_MOD 2.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE OMB Clearance Control

Number : 1103-0018

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

04/13/2011

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

AACQCODE

ATF - ACQUISTIONS BRANCH

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

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

DJA11RFP0011

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

04/01/2011

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitaiton/contract subject matter where feasible.)

The purpose of this amendment is to extend the proposal time and due date from Friday, April 15, 2011 at 2PM to Monday, April 25, 2011 at 9AM.

This extension is granted due to the additional Q&As that were added and revisions to SOW Sections 4.2 and 5.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Patti Carter

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

04/13/2011

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

DJA11RFP0011/0002 Page 1 of 22

Section 2 - Commodity or Services Schedule

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.

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

Previous :

0.000000

Change: 0.000000

Current : 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

Previous:

0.000000

Change: 0.000000

Current : 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

Previous:

0.000000

Change: 0.000000

Current : 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

Previous:

0.000000

Change: 0.000000

Current : 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

Previous:

0.000000

Change: 0.000000

Current : 0.000000

YR $____________ $___________________

0006 OPTIONAL LINE ITEM

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

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

Previous:

0.000000

Change: 0.000000

Current : 0.000000

EA $____________ $___________________

0007 OPTIONAL LINE ITEM

Refresh up to 10 sites out of warranty service - up to 2 per year.

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

Previous:

0.000000

Change: 0.000000

Current : 0.000000

EA $____________ $___________________

DJA11RFP0011/0002 Page 2 of 22

0008 OPTIONAL LINE ITEM

Upgrade for 30 sites - up to 6 sites per year.

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

Previous:

0.000000

Change: 0.000000

Current : 0.000000

EA $____________ $___________________

0009 Travel/ODC

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

Previous:

0.000000

Change: 0.000000

Current : 0.000000

LT $____________ $___________________

DJA11RFP0011/0002 Page 3 of 22

Section 3 - Contract Clauses

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-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

DJA11RFP0011/0002 Page 4 of 22 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-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.

DJA11RFP0011/0002 Page 5 of 22

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 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.

DJA11RFP0011/0002 Page 6 of 22

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.

(End of Clause)

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

DJA11RFP0011/0002 Page 7 of 22 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.

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)

DJA11RFP0011/0002 Page 8 of 22

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

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

DJA11RFP0011/0002 Page 9 of 22

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.

(End of Clause)

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 Officer or the Contracting Officer s Technical Representat-ive.

c)Computer hardware and software used to develop, design, validate or maintain supported systems and functional requirements will

DJA11RFP0011/0002 Page 10 of 22 normally be provided to the contractor by the Government for use at the Government site.

d)The Government may provide the contractor with information, documents, etc. which may be required for the contractor to success-fully perform the work as outlined in the contract when it is determined that such is necessary.

(End of Clause)

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

ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT (Revised July 19, 2007)

Title to all source data and materials furnished by the Government, together with all plans, designs, reports, materials, programs and documentation thereof and all other items pertaining to the work and services to be performed under orders pursuant to this contract shall become and remain with the Government upon completion.The Government shall have the full right to use each of these for its purposes without compensation or approval on the part of the Contractor.The Government shall have access to and the right to make copies of the above mentioned items.All proprietary information, programs, etc. shall be indicated as such in the Contractor s propos-al.The identification of information, programs, etc. as proprietary or confidential is for information purposes only and shall not be binding on the Government to prevent disclosure of such information.The offeror is advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552).

(End of Clause)

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

CONFIDENTIALITY OF INFORMATION AND DISCLOSURE (Revised April 3, 2008)

The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media fur-nished by the Government in the strictest confidence.The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are neces-sary to restrict access to such information while in the Contractor s possession, to those employees needing such information to per-form 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 re-port 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 determ-ines or has reason to suspect a breach of this requirement.The Contractor agrees to insert the substance of this clause in any consultant 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 individu-al, 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 ques-

DJA11RFP0011/0002 Page 11 of 22 tion 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)

ATF-23 PRIVACY OR SECURITY SAFEGUARDS

PRIVACY OR SECURITY SAFEGUARDS (August 1, 2007)

(a) The details of any and all safeguards that the Contractor may design or develop under this contract shall become and shall remain the property of the Government and shall not be published or disclosed in any manner without the expressed written consent of the Government.

(b) The details of any and all safeguards that may be revealed to the Contractor by the Government in the course of performing under this contract shall not be published or disclosed in any manner without the expressed written consent of the Government.

(c) The Government shall be afforded full, free, and uninhibited access to all facilities, installations, technical capabilities, operations, documentation, records, and databases for the purpose of carrying out a program of inspection to ensure continued efficiency and ef-ficacy of safeguards against threats and hazards to data security, integrity, and confidentiality.

(d) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.Mutual agreement shall then be reached on changes or corrections to existing safeguards or institution of new safeguards, with final determination or appropriate-ness being made by the Government.The Government's liability is limited to an equitable adjustment of cost for such changes or cor-rections, and the Government shall not be liable for claims of loss of business, damage to reputation, or damages of any other kind arising from discovery of new or unanticipated threats or hazards, or any public or private disclosure thereof.

(End of Clause)

ATF-24 COMPUTER SECURITY

COMPUTER SECURITY (Revised August 17, 2010)

(a) The Contractor is responsible for briefing their staff on accountability, system security requirements and sound security prac-tices.All contractors will be briefed by the COTR on and must comply with US Department of Justice and ATF s Information Systems Security Directives.Each contractor assigned under this contract are required to sign the Certification Statements, indicating the indi-vidual has read and will comply with the order or directives.

(b) The Contractor will ensure that all departing contractor employees turn in their identification cards, keys, programs, data files, etc.

within their possession.The Contractor will certify to the Contracting officer that the hard disk drives of any workstations and/or laptops used by their departing employees have been purged of all Government information, unless such equipment is reassigned to another employee on this contract.Additionally, the COTR will notify the Information Services Division Operations Systems Branch when a contractor is departing so that his/her access can be removed from all information systems accesses that they were assigned as a user.

(c) At the termination of this contract, the Contractor shall certify in writing that all Government information has been cleared and purged from all contractor-owned equipment and electronic storage media.Government information on electronic media includes any data remanence from temporary file storage during processing.

(d) If system development, maintenance, or enhancements are performed as part of this contact, the Contractor will comply with ATF Information Systems Security Office policy and procedures to ensure the work being performed meets the minimum-security require-ments.Contact the Information Systems Security Office at 202-648-9510, for the current policy and procedures.

COMPUTER SECURITY TRAINING

All contractor employees must complete operations security training, presented by ATF, after contract award.The time and location of this training will be scheduled by ATF.Computer Security Awareness Training, presented by ATF, shall be completed on a yearly

DJA11RFP0011/0002 Page 12 of 22 basis.

ATF reserves the right to limit or deny access of contractor employees to ATF information, services or systems in the event of a breach of this clause, or of any ATF, Department of Justice or other applicable law, regulation or policy.

(End of Clause)

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

OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised March 24, 2008)

The following Federal Holidays are observed by ATF:New Year's Day, Martin Luther King Jr.'s Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day.There are certain types of irregularly occurring circumstances that prompt the Government to close its offices where Contractor personnel are working, either on a national or local basis (i.e. bomb threats, inclement weather, power outages, death of national figures, holidays declared by Presiden-tial order, or funding lapses).Contractor staff shall not work if the Government is closed unless the CO has given prior approv-al.Non-work due to the Government closing its facility(ies) is not an expense directly reimbursable to the Contractor.However, in those rare instances when the Government operations are curtailed for the balance of a workday that has already commenced, the Con-tractor may bill for the balance of the scheduled workday with the written acknowledgement of the COTR and final approval of the

ACO.

(End of Clause)

ATF-26 SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION (PII)

SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY IDENTIFIABLE DATA (PII) (Revised May 22, 2008)

a. Systems Security

The work to be performed under this contract requires the handling of data that originated within the Department, data that the con-tractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.

For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice (DOJ) systems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by the Of-fice of Management and Budget [OMB] and the National Institute of Standards and Technology [NIST]), DOJ IT Security Standards, DOJ Order 2640.2E, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Order 7250.1.The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts.DOJ access shall include independent validation testing of controls, system penetration testing by DOJ/ATF, Federal Information Security Man-agement Act (FISMA) data reviews, and access by the Department s Office of the Inspector General for its reviews.

The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the contracting officer (CO) certifying the following requirements:

1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product;

2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism;

4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract in-cluding sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department;

DJA11RFP0011/0002 Page 13 of 22

5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product;

6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in ac-cordance with security requirements applicable to DOJ;

7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts;

8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information;

9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accom-plished in accordance with DOJ/ATF Information Technology (IT) Security policy requirements. Certification of data removal will be performed by the contractor's project manager and a letter confirming certification will be delivered to the CO within 15 days of ter-mination of contractor work;

b. Data Security

By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unau-thorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one (1) hour of discovery) report the breach to the DOJ CO and the contracting officer's technical representative (COTR).

If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR can be reached, the contractor shall contact the Bureau of ATF s, Office of Science and Technology (OST) Help Desk at 1-877-875-3723 within one (1) hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours.

c. Personally Identifiable Information Notification Requirement

The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with ATF s OST Information Systems Security Office, and shall not proceed until ATF has made a determination that no-tification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notifica-tion by the contractor shall be coordinated with, and be subject to the approval of ATF.The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

d. Pass-through of Security Requirements to Subcontractors

The requirements set forth in Paragraphs a through c above apply to all subcontractors who perform work in connection with this con-tract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.

(End of Clause)

DJA11RFP0011/0002 Page 14 of 22

ATF-27 INFORMATION RESELLERS OR DATA BROKERS

INFORMATION RESELLERS OR DATA BROKERS (Revised July 24, 2008)

Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by the Office of Management and…