DJA-13-AHDQ-R-0703.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

DJA-13-AHDQ-R-0703

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

10/08/2013

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Amanda Boshears

b. TELEPHONE NUMBER (No collect calls)

2026489018

8. OFFER DUE DATE / LOCAL

TIME

10/10/2018 15:00:00

CODE AACQ

ATF - ACQUISITIONS BRANCH

Amanda Boshears, 2026489018 99 New York Ave. NE Washington, DC 20226

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 561611

SIZE STANDARD: E01

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

A605010CODE15. DELIVER TO

Personnel Security Branch 99 New York Ave, NE Suite 1.E-300 Washington, DC 20226

CODE AACQ16. ADMINISTERED BY

ATF - ACQUISITIONS BRANCH

Amanda Boshears, 2026489018 99 New York Ave. NE Washington, DC 20226

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

A404040CODE18a. PAYMENT WILL BE MADE BY

ATF - Finance Branch 99 New York Avenue NE, #4.S-288 Finance.Branch@ATF.gov 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

Field Investigative Services in support of the Bureau of

ATF

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X 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

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)

Amanda M. Boshears

31c. DATE SIGNED

10/08/2013

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

DJA-13-AHDQ-R-0703 Page 1 of 40

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. 2/2012) BACK

DJA-13-AHDQ-R-0703 Page 2 of 40

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

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

ATF-04A2 CLASSIFIED TOP SECURITY (TS) (Exception/Addendum)

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

ATF-11 ATF IDENTIFICATION (ID) MEDIA

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

TECHNOLOGY (IT) SYSTEMS

ATF-14 ELECTRONIC INVOICING

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-18 REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE

INFORMATION

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

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

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-23 PRIVACY OR SECURITY SAFEGUARDS

ATF-24 COMPUTER SECURITY

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

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

INFORMATION (PII)

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued) ATF-35 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION)

(AUG 2012)

Section H Special Contract Requirements (ATF & DOJ Clauses) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Jan 2013) 52.217-8 Option to Extend Services (Nov 1999)

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

5 Solicitation Provisions 52.209-5 Certification Regarding Responsibility Matters (Apr 2010) 52.212-3 Offer Representations and Certifications -- Commercial Items (Dec 2012) 52.216-1 Type of Contract (Apr 1984) ATF-33 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012) 52.212-2 Evaluation - Commercial Items (Jan 1999)

DJA-13-AHDQ-R-0703 Page 3 of 40

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Field Investigative Services in support of the Bureau of ATF

Multiple Basic Ordering Agreements will be awarded, as a result of this solicitation.

1.000000 LT $____________ $___________________

Section B Supplies or Services and Prices/Costs

As a result of this solicitation, multiple Basic Ordering Agreements (BOA) will be awarded, in accordance with the terms and condi-tions and the requirements in the Federal Business Opportunities (FBO) Request for Proposal (RFP).

DJA-13-AHDQ-R-0703 Page 4 of 40

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Feb 2012)

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.acquisition.gov/far

Clause Title

52.243-1 Changes--Fixed Price (Aug 1987)

52.233-1 Disputes (July 2002)

52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2012)

52.204-7 Central Contractor Registration (Dec 2012)

52.204-2 Security Requirements (Aug 1996)

Clauses by Full Text

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

BACKGROUND INVESTIGATION REQUIREMENTS (Revised December 13, 2012)

May 2010

Personnel Security Requirements

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

The background investigation will be conducted by or under the auspices of the Personnel Security Branch, Office of Professional Re-sponsibility and Security Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is the responsibility of the Con-

DJA-13-AHDQ-R-0703 Page 5 of 40 tractor to provide the necessary personnel suitability and security package in a timely manner, through the assigned Contracting Of-ficer’s Representative (COR), to ATF’s Personnel Security Branch (PSB) so that a background investigation can be conducted.

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

1. Criminal conduct

2. Financial responsibility

3. Drug use

4. Employment history

5. Employment eligibility

6. Selective Service registration, if applicable

7. U.S. Residency

8. Country of citizenship

During the Contractor’s review of each potential Contractor employee’s personal history, the Contractor is required to review each po-tential Contractor employee’s personnel suitability and security package to ensure the forms are fully complete, signed, and dated.

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

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

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

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

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

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

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

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

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

and/or

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

(2) Allied Nations List. Contractor employees that only require access to ATF facilities must be United States citizens or foreign nationals legally permitted to reside in the United States. Their country of citizenship must be listed on the Allied Nations list pub-lished by the Department of State, Office of the Assistant Legal Advisor for Treaty Affairs. Since countries on this list are subject to

DJA-13-AHDQ-R-0703 Page 6 of 40 change, refer to the following website for current information: http://www.state.gov/s/l/treaty/collectivedefense/.

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

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

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

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

(b) National Security Positions – All delinquent financial obligations, even those not imposed by law, must be favorably resolved through proof of payment, and/or participation in a payment plan, or otherwise resolved.

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

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

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

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

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

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

Freedom of Information Act Requests

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

Police Check Inquiries

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

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

DJA-13-AHDQ-R-0703 Page 7 of 40

Access to Classified National Security Information

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

(End of Clause)

ATF-04A2 CLASSIFIED TOP SECURITY (TS) (Exception/Addendum)

CLASSIFIED TOP SECRET (TS) (Exception/Addendum) (April 2, 2008)

I. Security Requirements

(a) This language serves as an addendum to the current security language contained within the existing contract.The purpose of the ad-ditional language is to implement National Industrial Security Program (NISP) requirements.

(b) The work to be performed under this contract amendment will involve potential access to classified materials [National Security Information (NSI)] at the Top Secret level.

(c) The Contractor shall comply with the National Industrial Security Program Operating Manual (NISPOM) for all work performed under this contract that involves access to classified materials.

(d) Duplication or disclosure of the data and other information to which the Contractor may have access as a result of this contract is prohibited by Public Law and is subject to criminal penalties.

(e) For the purposes of this amendment, the definition of Security Program Manager (SPM) staff is the Personnel Security Branch.

II. Contractor Facility

The Contractor shall possess a Defense Industrial Security Clearance Office (DISCO) Defense Industrial Security Clearance Facility Code and a Top Secret Facility Clearance to fully perform this contract.The Contractor must provide proof of maintenance of the Fa-cility Clearance requirement to the Contracting Officer on an annual basis.

III.Contractor Personnel

(a) The type of security investigation required will be governed by the type of materials made available to the Contractor personnel.

Contractor personnel that require access to classified materials will be processed through the NISP.

(b) The Contractor will not be permitted to commence performance under this contract amendment until a sufficient number of its per-sonnel, as determined by the Contracting Officer's Representative (COR) and SPM staff, have received requisite NSI Clearances.

IV.Access to Classified Materials

DJA-13-AHDQ-R-0703 Page 8 of 40

(a) Contractor personnel requiring access to classified materials will be categorized as Critical Sensitive and will require access to Top Secret NSI.

(b) Any non-US citizen shall not be authorized to access or assist in the development, operation, management, or maintenance of De-partment IT systems, unless a waiver has been granted by the Head of the Component, with the concurrence of them DOS and the

CIO.

(c) Immediately after contract amendment, the Contractor s Facility Security Officer shall furnish to the COR and SPM staff, a list of all personnel proposed to work under this contract.The list shall include for each individual:

(1) Complete name;

(2) Social security number;

(3) Date of birth; and

(4) Type of security clearance.

(c) The Contractor s Facility Security Officer shall provide Letters of Consent on each individual and a letter validating each individu-al s clearance to the SPM staff.The Contractor shall update this information as individuals are added or deleted from the contract.

V.Adjudication Standards

(a) Prior to adhering to the requirements of the NISP, the Contractor shall submit a copy of the completed personnel security package to the SPM staff to ensure compliance with the DOJ and ATF agency specific qualifications specified in the standard personnel secur-ity language.

(b) In the event a contractor employee is not in compliance with the agency specific qualifications, the SPM staff will notify the COR and CO. The Contractor will provide be required to submit another name and personnel security package following the above guidelines.

(End of Clause)

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS. (July 19, 2007)

In accordance with the clause entitled "Insurance - Work on a Government Installation" in Section I, insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract;(a) Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(a).(b) General liability.

The contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(b).(c) Automobile liability. The contractor shall as a minimum, meet the requirements specified at FAR 28.307-2(c).

(End of Clause)

ATF-11 ATF IDENTIFICATION (ID) MEDIA

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

DJA-13-AHDQ-R-0703 Page 9 of 40

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

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

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

(End of Clause)

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

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

SYSTEMS. (Revised May 31,2007)

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

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

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

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

(End of Clause)

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

DJA-13-AHDQ-R-0703 Page 10 of 40

(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 Contracting Officer's Representative (COR)/POC named in Section G of this con-tract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as the official original copy. The e-mail subject line must contain the name of the ATF COR/POC named in Section G of the obligation document, the Or-der/Award number, the Invoice number and Vendor name (i.e.: John Doe_DJAxxxxxxxxx_Invoice #xxx_ABC, Inc.). 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 COR/POC named in Section G of this contract and FMD address provided below:

Bureau of Alcohol, Tobacco, Firearms & Explosives

Attn: Finance Branch EXPEDITE CONTRACT INVOICE

99 New York Avenue, NE

Mail Drop 4S-288

Washington, DC 20226

(End of Clause)

ATF-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 Contracting Officer's Representative COR(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 remedies provided by law or under this contract.

(End of Clause)

ATF-18 REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE INFORMATION

REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE INFORMATION (Revised Ju-ly 19, 2007)

(a)Duplication or disclosure of the data and other information to which the Contractor will have access as a result of this contract is prohibited.It is understood that throughout performance of this contract, the Contractor will have access to confidential and sensitive data, which is either the sole property of the Government or is the sole property of other than the contracting parties.The Contractor and its subcontractor(s) (if any) agree to maintain the confidentiality of all data to which access may be gained throughout the con-tractperformance, whether title thereto vests in the Government or otherwise.The Contractor and its subcontractor(s) (if any) agree to not disclose said data, any interpretations and/or translations thereof, or data derivatives, to unauthorized parties in contravention of these provisions, without the prior written approval of the Contracting Officer or the party in which title thereto is wholly ves-ted.Subcontractors are subject to the same stipulations and may be held responsible for any violations of confidentiality.

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

DJA-13-AHDQ-R-0703 Page 11 of 40

(End of Clause)

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

AUTHORITY TO OBLIGATE THE GOVERNMENT (Revised July 19, 2007)

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

(End of Clause)

ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

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

b)Request for Government property will be approved by the Contracting Officer or the Contracting Officer s Technical Representat-ive.

c)Computer hardware and software used to develop, design, validate or maintain supported systems and functional requirements will normally be provided to the contractor by the Government for use at the Government site.

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

(End of Clause)

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

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

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

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ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

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

The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media fur-nished by the Government in the strictest confidence.The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are neces-sary to restrict access to such information while in the Contractor s possession, to those employees needing such information to per-form the work provided herein, e.g., on a need to know basis.There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be fur-nished pursuant to this contract without prior written approval from the Contracting Officer. No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this contract or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer. The Contractor is prohibited from re-leasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services per-formed under this contract until report approval or official review has been obtained.Furthermore, the contractor shall insure that the cover of all interim, draft and final reports contain the following statement:"The view, opinions, and/or findings contained in this re-port are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation."

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

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

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

(c)The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential.Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract.Failure to agree will be settled pursuant to the Disputes clause.

(d)If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of the disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

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

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

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

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ATF-23 PRIVACY OR SECURITY SAFEGUARDS

PRIVACY OR SECURITY SAFEGUARDS (August 1, 2007)

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

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

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

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

(End of Clause)

ATF-24 COMPUTER SECURITY

COMPUTER SECURITY (Revised August 17, 2010)

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

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

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

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

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

COMPUTER SECURITY TRAINING

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

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

(End of Clause)

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

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

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

(End of Clause)

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

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

a. Systems Security

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

For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice (DOJ) systems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by the Of-

DJA-13-AHDQ-R-0703 Page 15 of 40 fice of Management and Budget [OMB] and the National Institute of Standards and Technology [NIST]), DOJ IT Security Standards, DOJ Order 2640.2E, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Order 7250.1.The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts.DOJ access shall include independent validation testing of controls, system penetration testing by DOJ/ATF, Federal Information Security Man-agement Act (FISMA) data reviews, and access by the Department s Office of the Inspector General for its reviews.

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

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

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

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

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

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

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

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

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

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

b. Data Security

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

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

c. Personally Identifiable Information Notification Requirement

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

DJA-13-AHDQ-R-0703 Page 16 of 40 taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

d. Pass-through of Security Requirements to Subcontractors

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

(End of Clause)

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 and all Section J attachments (as applicable).

(End of Clause)

ATF-35 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) (AUG 2012)

52.232-99 - PROVIDING ACCELERATED PAYMENT TO

SMALL BUSINESS SUBCONTRACTORS

(DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M- 12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

End of Clause

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Section H Special Contract Requirements (ATF & DOJ Clauses)

ATF04A2 CLASSIFIED TOP SECRET (TS) (Exception/Addendum) (April 2, 2008)

I. Security Requirements

(a) This language serves as an addendum to the current security language contained within the existing contract.The purpose of the ad-ditional language is to implement National Industrial Security Program (NISP) requirements.

(b) The work to be performed under this contract amendment will involve potential access to classified materials [National Security Information (NSI)] at the Top Secret level.

(c) The Contractor shall comply with the National Industrial Security Program Operating Manual (NISPOM) for all work performed under this contract that involves access to classified materials.

(d) Duplication or disclosure of the data and other information to which the Contractor may have access as a result of this contract is prohibited by Public…