DJA12RFP0006 Matrix Tools for the National Center for Explosives Training and Research in Huntsville AL.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

DJA12RFP0006

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/10/2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Jim Huff

b. TELEPHONE NUMBER (No collect calls)

2026489117

8. OFFER DUE DATE / LOCAL

TIME

11/30/2011 15:00:00

CODE AACQ

ATF - ACQUISTIONS BRANCH

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

9. ISSUED BY

UNRESTRICTED OR X SET ASIDE: % FOR

X SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

EMERGING SMALL BUSINESS

8(A)

NAICS: 333514

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

A501081CODE15. DELIVER TO

ATF National Center for Explosives Training & Research Corporal Road Bldg. 3756 Redstone Arsenal Huntsville, AL 35898

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives contemplates the award of a Single Award Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contracts for Matrix Tools.

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

DJA12RFP0006 Page 1 of 49

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

DJA12RFP0006 Page 2 of 49

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) 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) 52.216-18 Ordering 52.216-19 Order Limitations 52.216-22 Indefinite Quantity 52.216-24 Limitation Of Government Liability 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 5 Solicitation Provisions

52.209-7 Information Regarding Responsibility Matters (Jan 2011) 52.219-1 Small Business Program Representations (Apr 2011) 52.223-13 Certification of Toxic Chemical Release Reporting 52.225-18 Place of Manufacture 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 52.212-2 Evaluation - Commercial Items (Jan 1999) 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

DJA12RFP0006 Page 3 of 49

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year

The Bureau of Alcohol, Tobacco, Firearms and Explosives contemplates the award of a single Award Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contract for Matrix Tools. The Matrix Tools are for the National Center for Explosive Training and Research (NCETR) - Redstone Arsenal AL located in 3756 Corporal Road Huntsville, AL 35898

Line Period of Performance: 12/15/2011 - 12/14/2012

1.000000 EA $____________ $___________________

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

Line Period of Performance: 12/15/2012 - 12/14/2013

1.000000 EA $____________ $___________________

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

Line Period of Performance: 12/15/2013 - 12/14/2014

1.000000 EA $____________ $___________________

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

Line Period of Performance: 12/15/2014 - 12/14/2015

1.000000 EA $____________ $___________________

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

Line Period of Performance: 12/15/2015 - 12/14/2016

1.000000 EA $____________ $___________________

The Matrix Tools are for the National Center for Explosive Training and Research (NCETR) - Redstone Arsenal AL located in 3756 Corporal Road Huntsville, AL 35898

Section B Supplies or Services and Prices/Costs

DJA12RFP0006 SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 Product BEING PROCURED

The Bureau of Alcohol, Tobacco, Firearms and Explosives contemplates the award of a single Award Firm Fixed Price Indef-inite Delivery Indefinite Quantity (IDIQ) contracts for Matrix Tools for the National Center for Explosive Training and Research

(NCETR).

DJA12RFP0006 Page 4 of 49

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 sub-ject to the Government's discretion to extend the term of the contract.

B.3 GOVERNMENT OBLIGATION

The contract ceiling is $475,000. The Government minimum guarantee under the base year and option years (if exercised) is $1,000 per year

B.4 DELIVERY ORDER

Products will be delivered in response to funded delivery orders issued against this contract. Delivery orders issued against the contract shall serve as funding documents. Because this is an IDIQ requirement, no funding will be obligated against the contract.

B.5 DELIVERY ORDER MINIMUM AND MAXIMUM LEVELS

Minimum amount of Matrix Tools with a 12 month period must be $1,000 with a maximum of $95,000 per that same 12 month period.

B.6 PRICING SCHEDULE

BASE PERIOD: Award date through 12 months

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

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

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

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

BASE PERIOD: from date of award through 12 months

CLIN DESCRIPTION UNIT Fixed Price

0001 Full Size Matrix Tool EACH ______________

0002 Mini-Matrix Tool EACH ______________

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

CLIN DESCRIPTION UNIT Fixed Price

1001 Full Size Matrix Tool EACH ______________

1002 Mini-Matrix Tool EACH ______________

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

DJA12RFP0006 Page 5 of 49

CLIN DESCRIPTION UNIT Fixed Price

2001 Full Size Matrix Tool EACH ______________

2002 Mini-Matrix Tool EACH ______________

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

CLIN DESCRIPTION UNIT Fixed Price

3001 Full Size Matrix Tool EACH ______________

3002 Mini-Matrix Tool EACH ______________

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

CLIN DESCRIPTION UNIT Fixed Price

4001 Full Size Matrix Tool EACH ______________

4002 Mini-Matrix Tool EACH ______________

DJA12RFP0006 Page 6 of 49

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 ex-ercise 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

DJA12RFP0006 Page 7 of 49 of lading;

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

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

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

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

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

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

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

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

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

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

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the 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 a description of the overpayment including the--

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

DJA12RFP0006 Page 8 of 49

(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.

(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

DJA12RFP0006 Page 9 of 49 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.

DJA12RFP0006 Page 10 of 49

(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 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)

DJA12RFP0006 Page 11 of 49

Clause Title

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)

52.232-18 Availability Of Funds

52.225-13 Restrictions on Certain Foreign Purchases

52.225-1 Buy American Act--Supplies

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.223-14 Toxic Chemical Release Reporting

52.222-35 Alt I Equal Opportunity for Veterans (Sep 2010)- Alternate I (Dec 2001)

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

Section C Descriptions and Specifications

STATEMENT OF WORK (SOW)

Background:

The Bureau of Alcohol, Tobacco, Firearms and Explosives, National Center for Explosives Training and Re-search (NCETR), requires the manufacture of a tool to be used in various training courses.

General Requirements:

First, the contractor shall manufacture and produce a tool, for which a patent has been awarded to the U.S. Gov-ernment. This will be done in consultation with a representative from the NCETR. The final approval and ac-ceptance for the tool will be made by the representative of the NCETR. Standard specifications are provided within this Statement of Work. Further details and drawings must be requested directly to the Contracting Of-ficer Jim Huff at James.Huff@atf.gov. Upon receiving the e-mail request the Contracting Officer will e-mail the detail specifications and drawings within twenty four (24) hours. Aluminum will be used to produce the tool.

Rights to produce this tool and to distribute this tool will remain the property of the United States Government, Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Second, the contractor shall for a period of five years manufacture and supply the tool for an agreed unit price

DJA12RFP0006 Page 12 of 49 provided in Section B of this solicitation. Only the Bureau of Alcohol, Tobacco, Firearms, and Explosives, NCETR, can authorize the purchase, distribution and transfer of the tool both within the U.S. Government and outside the U.S. Government.

Description of the Tool to be supplied:

There are two size tools that will require manufacturing. The full size tool referred to as the Matrix Tool and the smaller tool referred to as the Mini-Matrix Tool. The descriptions are as follows:

Each Matrix Tool (Full size) will consist of:

Eight (8) identical aluminum pieces with MITCHELL’S MATRIX (M²) and patent number, to be provided, stamped (Recessed not raised letters) into one side of each piece. Each piece will

Measure 13 inches long, two inches wide and will be made from 3/16 minimum thick aluminum.

All pieces will interlock for stacking and be held together with a Velcro strap.

Twelve (12) 3/4 inch long by 1/4 inch metal carriage bolts.

Twelve (12) metal 1/4 inch wing nuts.

One set of Laminated Matrix cards (Examples to be provided) that will fit in the pouch and will be attached with cord through a metal grommet on the pouch and one on the cards.

One (1) Pouch made of sufficient strength water proof material (Material and color approved by NCETR). The size of the pouch will be that it sufficiently contains the eight interlocking injection molded pieces. The pouch will have a smaller compartment on the front to hold the 12 carriage bolts and 12 wing nuts. Each pouch will have an embroidered emblem and logo to be provided and approved by NCETR.

One (1) DVD containing a PDF of the Matrix Tool and Matrix Charge use and construction and a video of the Matrix Tool and Matrix Charge use and construction.

Each Mini-Matrix Tool (Smaller tool) will consist of:

Eight (8) identical aluminum pieces with patent number, to be provided, stamped (Recessed not raised let-ters)into one side of each piece. Each piece will measure 6 1/2 inches long, 1 1/4 inches wide and will be made from 3/16 minimum thick aluminum. All pieces will interlock for stacking and be held together with a Velcro strap.

Twelve (12) 3/4 inch long #10 metal carriage bolts.

DJA12RFP0006 Page 13 of 49

Twelve (12) metal matching #10 wing nuts.

One set of Laminated Matrix cards (Examples to be provided) that will fit in the pouch and will be attached with cord through a metal grommet on the pouch and one on the cards.

One (1) Pouch made of sufficient strength water proof material (Material and color approved by NCETR).

The size of the pouch will be that it sufficiently contains the eight interlocking injection molded pieces.

The pouch will have a smaller compartment on the front to hold the 12 carriage bolts and

12 wing nuts. Each pouch will have an embroidered emblem and logo to be provided and approved by

NCETR.

One (1) DVD containing a PDF of the Matrix Tool and Matrix Charge use and construction and a video of the Matrix Tool and Matrix Charge use and construction.

Length or Service:

The period of service will be for five (5) years from the time the contract is awarded

Section D Packaging and Marking

DJA12RFP0006 SECTION D

SECTION D - PACKAGING AND MARKING

Proposals

Proposals submitted in response to this solicitation can must be e-mail to James.Huff@atf.gov Delivery must be Post Marked and Re-ceived no later than the closed date specified in the solicitation. See Section L within solicitation DJA12RFP0006 for specific mailing instructions.

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

DJA12RFP0006 Page 14 of 49

52.216-1 Type Of Contract

The Government contemplates award of a Single Award Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contract res-ulting 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

DJA12RFP0006 SECTION F

SECTION F - DELIVERIES OR PERFORMANCE

The Contractor will have the responsibility to ensure that all items that are procured on funded delivery orders are sent to their proper destination in a timely matter at no extra cost to the Government. The Contracting Officer Technical Representative (COTR) will in-spect each tool to ensure that all specifications are met.

Section G Contract Administration Data

DJA12RFP0006 Page 15 of 49

DJA12RFP0006 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)

Jon Mitchell

National Center for Explosive Training and Research (NCETR)

Redstone Arsenal AL

3750 Corporal Road Huntsville, AL 35898

PH# 202/438-7013

Scope of Specific COTR Responsibilities.

This designation is limited to the responsibilities and authority contained below and does not confer authority to grant any deviation from contract provisions. The COTR shall be careful to ensure the he or she does not alter the terms and conditions of the contract.

The specific responsibilities of the COTR may include:

Pre Award:

1. Develop contract specifications or work statement to promote competitive procurement actions;

2. Assist in market research and technical evaluation of prospective contractor;

3. Coordinate actions relating to funding and scope of work;

Post Award:

4. Maintain the COTR file.

5. Maintain a list of cleared contractor and subcontractor personnel (names and social security numbers.)

6. Document in writing technical instructions to the contractor;

7. Review and submit recommendations to the contracting officer on subcontracts.

8. Monitor the contractor's performance to assure that it is strictly within the scope of the contract.

DJA12RFP0006 Page 16 of 49

9. Promptly review reports, approve and keep adequate inspection and testing reports.

10. Accept deliverables.

11. Refer matters that may affect the contract to the contracting officer;

12. When the contractor is known to be behind schedule, inform the contracting officer with the reasons; coordinate corrective action necessary to restore the contract schedule with the contracting officer.

13. Furnish the contracting officer a copy of Government/contractor reports and correspondence.

14. Request the contracting officer authorize Government-furnished property and furnish the CO with disposition of Govern-ment--furnished property or contractor-acquired property;

15. Monitor contractual spending.

16. Review contractor invoices to ensure that they reflect accurately the work completed and deliverables received in accordance with the requirements of the contract. Certify acceptance under the contract. Submit invoice to the Financial Management Division, and provide a copy of the accepted contractor invoice to the contracting officer;

17. Formally request the contacting officer issue government desired changes in the work or services, and delivery schedule in a writ-ten modification before the contractor proceeds with the changes;

18. Report suspected fraud, bribery, conflicts of interest, and other improper conduct to the contracting officer.

19. Forward to the contracting officer any contractor request for public release of information regarding work being performed under the contract.

20. Notify the contracting officer of any inventions developed by the contractor during the performance of the contract.

21. When required, furnish the contracting officer with a formal request for contract termination.

22. Upon expiration of the contract attest in writing that the contractor has completed performance under the contract, has delivered all requirements and all goods and services are accepted.

23. Certify that the contractor employees have followed the proper checkout procedures when contractor personnel no longer require access to ATF facilities. The COTR must ensure that the contractor completes the separation checklist for their personnel, and sub-mits it to the COTR. The COTR will certify it, maintain the original in the COTR file and provide a copy to the contracting officer.

24. Submit annual and final performance evaluation reports of contractor performance as required in the NIH database. A notice of satisfactory or unsatisfactory completion should be included with the final performance evaluation report.

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), 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)

DJA12RFP0006 Page 17 of 49

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 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)

DJA12RFP0006 Page 18 of 49

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).

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 as-signed at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Trans-fer (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.

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

(i) Company legal business.

DJA12RFP0006 Page 19 of 49

(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. Offerors who are not re-gistered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registra-tion, 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.