DJA11RFP0020 State Laws and Published Ordinances.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

ARQ 950300000519

OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

DJA11RFP0020

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/13/2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Jim Huff

b. TELEPHONE NUMBER (No collect calls)

2026489117

8. OFFER DUE DATE / LOCAL

TIME

08/01/2011 15:00:00

CODE AACQ

ATF - ACQUISTIONS BRANCH

Jim Huff, 2026489117 99 New York Ave. NE Washington, DC 20226

9. ISSUED BY

X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

EMERGING SMALL BUSINESS

8(A)

NAICS: 922190

SIZE STANDARD:

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

A903000CODE15. DELIVER TO

FIREARMS PROGRAMS DIVISION

ATF

99 NEW YORK AVE NE

Washington, DC 20226

CODE A40100016. ADMINISTERED BY

ATF - Logistics & Acquisition Division 99 New York Ave NE

WASHINGTON, DC 20226

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

, CA 94612-0000

A404040CODE18a. PAYMENT WILL BE MADE BY

Finance Branch

ATF

99 New York Avenue 4S-288

WASHINGTON, DC 20226

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 a Firm Fixed Price Contract type for technical expertise in the legal area for Firearms Publications.

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)

27A. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE 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)

James M. Huff

31c. DATE SIGNED

07/13/2011

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

DJA11RFP0020 Page 1 of 39

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

DJA11RFP0020 Page 2 of 39

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section B Supplies or Services and Prices/Costs 3 Contract Clauses

Section C Descriptions and Specifications Section D Packaging and Marking 52.216-1 Type Of Contract 52.247-34 F.O.B. Destination (Nov 1991) Section F Deliveries or Performance Section G Contract Administration Data

ATF-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued) Section H Special Contract Requirements (ATF & DOJ Clauses) 52.204-7 Central Contractor Registration (APR 2008) 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) 52.217-8 Option To Extend Services 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.243-1 Changes--Fixed Price Section I Contract Clauses (FAR Clauses Required Depending on Solicitation/Contract)

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

5 Solicitation Provisions 52.219-1 Small Business Program Representations (Jan 2011) Section K Representations, Certifications and Other Statements of Offerors 52.212-1 Instructions to Offerors--Commercial Items (June 2008) 52.233-2 Service Of Protest Section L Instructions, Conditions and Notices to Bidders 52.217-4 Evaluation Of Options Exercised At The Time Of Contract Award 52.217-5 Evaluation Of Options Section M Evaluation Factors for Award

DJA11RFP0020 Page 3 of 39

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base

The Bureau of Alcohol, Tobacco, Firearms and Explosives contemplates the Single Award of a Firm Fixed Price contract for updating State Laws and Published Ordinances

Line Period of Performance: 08/01/2011 - 07/31/2012

1.000000 YR $____________ $___________________

0002 OPTION PERIOD 1: from 12 months and a day after date of award through 24 months

State Laws and Published Ordinances

Line Period of Performance: 08/01/2012 - 07/31/2013

1.000000 YR $____________ $___________________

0003 OPTION PERIOD 2: from 24 months and a day after date of award through 36 months

State Laws and Published Ordinances

Line Period of Performance: 08/01/2013 - 07/31/2014

1.000000 $____________ $___________________

0004 OPTION PERIOD 3: from 36 months and a day after date of award through 48 months

State Laws and Published Ordinances

Line Period of Performance: 08/01/2014 - 07/31/2015

1.000000 YR $____________ $___________________

0005 OPTION PERIOD 4: from 48 months and a day after date of award through 60 months

State Laws and Published Ordinances

Line Period of Performance: 08/01/2015 - 07/31/2016

1.000000 YR $____________ $___________________

Section B Supplies or Services and Prices/Costs

DJA11RFP0020 SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SERVICES BEING PROCURED

The Bureau of Alcohol, Tobacco, Firearms and Explosives contemplates the award of a Single Award Firm Fixed Price contract for State Laws and Published Ordinances for the Firearms and Explosives Industry Division and the Firearms Industry Programs Branch.

DJA11RFP0020 Page 4 of 39

B.2 TERM OF CONTRACT

The contract shall be for a period of 12 months from the date of contract award, plus four (4), one (1) year option periods subject to the Government's discretion to extend the term of the contract.

B.3 PRICING SCHEDULE

BASE PERIOD: Award date through 12 months

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

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

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

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

BASE PERIOD: from date of award through 12 months

Firm Fixed Price

Clin 0001 TASK ONE _____________

Clin 0002 TASK TWO _____________

Clin 0003 TASK THREE _____________

Clin 0004 TASK FOUR _____________

Clin 0005 TASK FIVE _____________

Clin 0006 TASK SIX _____________

Clin 0007 TASK SEVEN _____________

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

Firm Fixed Price

Clin 1001 TASK ONE _____________

Clin 1002 TASK TWO _____________

DJA11RFP0020 Page 5 of 39

Clin 1003 TASK THREE _____________

Clin 1004 TASK FOUR _____________

Clin 1005 TASK FIVE _____________

Clin 1006 TASK SIX _____________

Clin 1007 TASK SEVEN _____________

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

Clin 2001 TASK ONE _____________

Clin 2002 TASK TWO _____________

Clin 2003 TASK THREE _____________

Clin 2004 TASK FOUR _____________

Clin 2005 TASK FIVE _____________

Clin 2006 TASK SIX _____________

Clin 2007 TASK SEVEN _____________

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

Firm Fixed Price

Clin 3001 TASK ONE _____________

Clin 3002 TASK TWO _____________

Clin 3003 TASK THREE _____________

Clin 3004 TASK FOUR _____________

Clin 3005 TASK FIVE _____________

DJA11RFP0020 Page 6 of 39

Clin 3006 TASK SIX _____________

Clin 3007 TASK SEVEN _____________

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

Firm Fixed Price

Clin 4001 TASK ONE _____________

Clin 4002 TASK TWO _____________

Clin 4003 TASK THREE _____________

Clin 4004 TASK FOUR _____________

Clin 4005 TASK FIVE _____________

Clin 4006 TASK SIX _____________

Clin 4007 TASK SEVEN _____________

DJA11RFP0020 Page 7 of 39

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-

DJA11RFP0020 Page 8 of 39 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.

DJA11RFP0020 Page 9 of 39

(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

DJA11RFP0020 Page 10 of 39 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

52.249-8 Default (Fixed-Price Supply & Service)

52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.237-11 Accepting and Dispensing of $1 Coin (Sep 2008)

52.232-18 Availability Of Funds

52.232-1 Payments

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010)

52.222-35 Equal Opportunity for Veterans (Sep 2010)

52.211-17 Delivery of Excess Quantities

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010)

52.203-7 Anti-Kickback Procedures

52.203-6 Restrictions On Subcontractor Sales To The Government

52.203-5 Covenant Against Contingent Fees

52.202-1 Definitions

Clauses by Full Text

DJA11RFP0020 Page 11 of 39

Section C Descriptions and Specifications

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

Firearms Programs Division; Firearms Enforcement Branch

Statement of Work (SOW)

STATE LAWS AND PUBLISHED ORDINANCES – FIREARMS ATF P 5300.5

1.0 BACKGROUND

The Bureau of Alcohol, Tobacco and Firearms (ATF) mission as a law enforcement agency in the United States Department of Justice is to protects our communities from violent criminals, criminal organizations, the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings, acts of ter-rorism, and the illegal diversion of alcohol and tobacco products. ATF partners with communities, industries, law enforcement, and public safety agencies to safeguard the public we serve through information sharing, training, research, and use of technology. To help foster this mission ATF publishes an annual State Laws and Published Ordinances – Firearms publication that is designed to help Federal Firearms Licensees comply with Federal and State firearms laws. The Gun Control Act of 1968 (GCA) prohibits licensees from selling or deliv-ering a firearm to a non licensee whose receipt or possession of the firearm would violate State or local laws ap-plicable at the place of sale or delivery. In addition, the guide is a critical part of ATF’s customer service ef-forts, and is widely used by the industries subject to ATF firearms regulation.

2.0 OBJECTIVE

ATF is seeking a qualified contractor that can provide an expertly prepared annual updated publication which would include amendments to be identified with new statutes or ordinances enacted during the most recently completed legislative session of all United States Jurisdictions; which includes The U.S. jurisdictions included are all of the states, American Samoa, District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, Vir-gin Islands, and major cities that make their laws readily accessible to the general public. The key requirement is to be able to provide the customer with an expertly prepared updated publication wherein amendments have been identified and new statutes or ordinances enacted during the most recently completed legislative session of all United States jurisdictions.

3.0 SCOPE

The Contractor is expected to perform tasks as outlined and provide COTR with an electronic version of each task completed via email for acceptance. Before the initial start of the publication the contractor will provide a schedule outlining its review and update procedures for the tasked states, with an expected completion date, and ending with the date of submission for completed deliverables (finalized publication) to the Contracting officer Technical Representative (COTR).

The Contractor shall use legal databases, identify amendments and new statutes or ordinances enacted during the most recently completed legislative sessions of all United States Jurisdictions, that is relevant to the effect-ive administration of the Gun Control Act of 1968, as set forth in the relevancy criteria of ATF P 5300.5.

The requirement is being sought for the design, development, implementation and delivery of the most recent publications. This source must have expert knowledge and experience for this task.

DJA11RFP0020 Page 12 of 39

4.0 REQUIRED TASKS

State Statues/Or-dinances reviewed and updated

*Due Date – Task com-pleted (Dates are Sub-ject to change base on award date)

Deliverables Submitted via email to:

Task 1 Contractor sub-mit updated firearm laws for five states

October 22 Al, AK, AZ, AR, CA, DC, GUAM

COTR/accepts com-pleted task

Task 2 submit updated firearms laws for 10 states or territ-ories

November 12 CO, CT, DE, FL, GA, HI, ID, IL, IN, IA

COTR/accepts com-pleted task

Task 3 submit updated firearm laws for 10 states or territ-ories

November 26 KS, KY, LA, ME, MD, MA, MI, MN, MS, MO

COTR/accepts com-pleted task

Task 4 submit updated firearm laws for 10 states or territ-ories

December 10 MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH

COTR/accepts com-pleted task

Task 5 submit updated firearm laws for 10 states or territ-ories

December 24 OK, OR, PA, RI, SC, SD, TN, TX, UT, VT

COTR/accepts com-pleted task

Task 6 submit updated firearm laws for 10 states or territ-ories

January 7 VA, WA, WV, WI, WY, AS, NMI, PR, VI

COTR /accepts com-pleted task

Task 7 Submission of finalized publication

February 12 Finalized publication for ATF review

COTR /ATF Counsel will have 4 weeks re-view process.

*Due dates are subject to vary based on contractors initial start date of contract. All states are completed within a 10 month period to give ATF ample time to review and provided contractor with any recommended changes. The exer-cise of each Option year will be determined base on ATF’s acceptance of finalized publication.

At the completion of each task, contractor will submit an invoice covering the work performed for that task.

Payment for that task will be made once the Government accepts and approves each task as performed.

4.1. USING LEGAL DATABASES

DJA11RFP0020 Page 13 of 39

The Contractor shall research and update laws that:

that prohibits the sale, possession, or receipt of any type of firearm, or allow anyexception to the prohibitions;

that prohibit the sale, possession, or receipt of any type of firearm to or by any of a particular class of persons (e.g., convicted felons, fugitives from justice, illegal aliens, mental incompetents, unlaw-ful drug users, and addicts);

that restricts the sale, possession, or receipt of certain firearms, such as destructive devices (e.g., grenades or other explosive or incendiary devices), fully automaticweapons, short-barreled rifles and shotguns, or silencers;

requiring waiting period or notifications to law enforcement officials beforeweapons may be delivered to purchasers;

that requires a permit, license, or a state/local identification card before a weapon may be sold or delivered to a purchaser or recipient;

that restrict the age at which it is lawful for a person to purchase or receive a firearm;

that restrict the sale or transfer of firearms (e.g., requirements for a state or local license to sell firearms, or re-cord keeping or notice imposed as a condition of lawful sale of firearms); requiring proper storage or safety equipment for firearms; and laws regulating gun shows/flea markets.

Contractor will update specified introductory pages (listing of Attorneys General, Table of Contents, Ready Reference Table, Relevancy Criteria and Jurisdiction laws,) of publication, with some introductory pages con-tent provide by ATF.

4.1.1 DELIVERABLES

The contractor will provide the COTR with the finalized deliverables, and the COTR will notify contractor of ap-proved deliverables or any required changes upon ATF’s final 4 week review process. The Contractor must com-ply with all guidelines outlined within the statement of work and all deliverables shall be in compliance with the applicable ATF policies, procedures, and standards identified in the Statement of Work. The Government re-serves the right to inspect any services that have been tendered acceptance in accordance with the appropriate inspection and acceptance clause.

The Contractor must comply with all ATF policies in construction and delivery of the publications. The public-ations shall be shipped to ATF.

All deliverables shall be prepared in a hard copy and electronically using Microsoft office application in formats prescribed by ATF. All deliverables shall be delivered to the COTR via hardcopy and electronically (CD or Thumb Drive).

The Contractor must comply with all guidelines outlined within the statement of work and all deliverables shall

DJA11RFP0020 Page 14 of 39 be in compliance with the applicable ATF policies, procedures, and standards identified in the Statement of Work.

4.1.2 DELIVERY SCHEDULE

PLACE OF PERFORMANCE

All publications will be produced at the contractor’s facility and delivered/shipped to designated COTR, with the Bureau of Alcohol, Tobacco, Firearms and Explosives, 99 New York Avenue., NE, room 6N672, Washing-ton, DC 20226.

4.1.2 GOVERNMENT FURNISHED INFORMATION:

ATF will furnish contractor with listing of field division address and phone numbers, listing of industry opera-tions field offices, introductory Special Message from ATF letter and update of Brady Law and Permanent Brady Permit Chart.

4.2 PERIOD OF PERFORMANCE

The period of performance shall consist of a base period of one (1) year followed by four (4) one year options for a total of five (5) years.

4.3 STATUS REPORT

The Contractor shall submit a monthly program status report to the COTR. The report shall include accounts of workload performed during the period; deliverables completed and submitted problem areas, schedule issues/ slippages, deliverables planned for the next schedule. This report shall be submitted NLT 15 day of each month

4.4 MONTHLY REPORT

Regular monthly meetings between Contractor, Contractor Officer’s Technical Representative (COTR) and Contract Specialist will be held throughout the life of the contract. This will ensure any concerns pertaining to the contract are addressed on a regular basis and to ensure all deliverables are in accordance with the require-ments in the Statement of Work.

Section D Packaging and Marking

DJA11RFP0020 SECTION D

DJA11RFP0020 Page 15 of 39

SECTION D - PACKAGING AND MARKING

Proposals

Proposals submitted in response to this solicitation can be e-mail to James.Huff@atf.gov or sent via mail Deliv-ery must be Post Marked and Received no later than the closing date specified in the solicitation. See Section L within solicitation DJA11RFP0020 for specific mailing instructions.

Except as specifically provided in an order, all postage and fees related to the submission of information, in-cluding but not limited to forms, reports, supporting, supporting documentation, etc. shall be paid by the Con-tractor. The Government shall not be responsible for costs associated with proposal preparation

52.216-1 Type Of Contract

The Government contemplates award of a Single Award Firm Fixed Price contract resulting from this solicitation.

(End of provision)

52.247-34 F.O.B. Destination (Nov 1991)

(a) The term"f.o.b. destination,"as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capa-city. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight."When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is re-quired to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

Section F Deliveries or Performance

TERM OF CONTRACT

The contract shall be for a period of 12 months from the date of award of the contract, plus four one year option periods sub-

DJA11RFP0020 Page 16 of 39 ject to the Government's option to extend the term of the contract.

Base Year Date of Award through 12 months

Option Year 1 12 months and a day through 24 months

Option Year 2 24 months and a day through 36 months

Option Year 3 36 months and a day through 48 months

Option Year 4 48 months and a day through 60 months

Section G Contract Administration Data

DJA11RFP0020 SECTION G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

The resultant contract will be administered by:

Department of Justice

Bureau of Alcohol, Tobacco Firearms and Explosives

Logistic Acquisition Division

99 New York Avenue NE

Washington, D.C. 20226

POC Jim Huff Contracting Officer james.huff@atf.gov PH# 202/648-9117

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

Barbara Terrell

Firearms Industry Programs Branch

99 New York Avenue NE

Washington, DC 20226

Phone 202/648-7122

E-Mail barbara.terrell@atf.gov

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

DJA11RFP0020 Page 17 of 39 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), Finance.Branch@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/about/business-opportunities/

Link to the What's New page: http://www.atf.gov/whatsnew.html

Link to the Vendor Instructions: http://www.atf.gov/about/business-opportunities/vendor-query-instructions.html

Link to the Excel Spreadsheet: http://www.atf.gov/about/business-opportunities/documents/vendor-query-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

DJA11RFP0020 Page 18 of 39 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-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-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

STATEMENT OF WORK / SPECIFICATIONS (Continued) (March 23,2009)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work (SOW) / Specifications (Section C) and all Section J SOW Exhibits (as applicable).

Section H Special Contract Requirements (ATF & DOJ Clauses)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database"means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number"means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number"means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the CCR database"means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR data-base; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record"Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation"DUNS"or"DUNS +4"followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an of-feror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

DJA11RFP0020 Page 19 of 39

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.