SolicitationAmendment.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE

09/18/2014

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

AACQCODE

ATF - ACQUISITIONS BRANCH

Brian Wilkins 99 New York Ave. NE Washington, DC 20226

Brian Wilkins

(O) 2026489120

(F) 2026489659 Brian.Wilkins@ATF.gov

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

9A. AMENDMENT OF SOLICITATION NO.

DJA-14-AHDQ-R-0010

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

09/16/2014

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

The purpose of this admendment 0001 is to remove ATF-32 TRASH REMOVAL Clause from the Solicitation.

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

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

Brian K. Wilkins

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

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

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

DJA-14-AHDQ-R-0010 Page 1 of 27

Table of Contents

Section Description Page Number

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

Section C Descriptions and Specifications Section E Inspection and Acceptance Section F Deliveries of Performance Section G Contract Administrtion Data

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

ATF-14 ELECTRONIC INVOICING

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

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

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued) ATF-34 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012) ATF-35 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION)

(AUG 2012)

Section H Special Contract Requirements (ATF & DOJ Clauses)

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jul 2014) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.243-1 Alt I Changes--Fixed Price (Aug 1987)- Alternate I (Apr 1984) Section I Contract Clauses (FAR Clauses Required Depending on Solicitation/Contract) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.228-5 Insurance - Work on a Government Installation (Jan 1997)

4 List of Attachments 5 Solicitation Provisions

Section K Representations, Certifications and Other Statements of Offerors 52.233-2 Service of Protest (Sept 2006) ATF-33 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012) Section L Instructions, Conditions and Notices to Offerors or Respondents Section M Evaluation Factors for Award

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year: Single Burn Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2014 - 09/28/2015

1.000000 EA $____________ $___________________

0002 Base Year: Single Flash Over Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2014 - 09/28/2015

1.000000 EA $____________ $___________________

0003 Base Year: Single Post Blast Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2014 - 09/28/2015

1.000000 EA $____________ $___________________

0004 Base Year: Single Complex Burn (Tear Out and Build In)

Line Period of Performance: 09/29/2014 - 09/28/2015

1.000000 EA $____________ $___________________

0005 Option Year One: Single Burn Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2015 - 09/28/2016

1.000000 EA $____________ $___________________

0006 Option Year One: Single Flash Over Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2015 - 09/28/2016

1.000000 EA $____________ $___________________

0007 Option Year One: Single Post Blast Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2015 - 09/28/2016

1.000000 EA $____________ $___________________

0008 Option Year One: Single Complex Burn (Tear Out and Build In)

Line Period of Performance: 09/29/2015 - 09/28/2016

1.000000 EA $____________ $___________________

0009 Option Year Two: Single Burn Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2016 - 09/28/2017

1.000000 EA $____________ $___________________

0010 Option Year Two: Single Flash Over Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2016 - 09/28/2017

1.000000 EA $____________ $___________________

0011 Option Year Two: Single Post Blast Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2016 - 09/28/2017

1.000000 EA $____________ $___________________

0012 Option Year Two: Single Complex Burn (Tear Out and Build In)

Line Period of Performance: 09/29/2016 - 09/28/2017

1.000000 EA $____________ $___________________

0013 Option Year Three: Single Burn Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2017 - 09/28/2018

1.000000 EA $____________ $___________________

0014 Option Year Three: Single Flash Over Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2017 - 09/28/2018

1.000000 EA $____________ $___________________

0015 Option Year Three: Single Post Blast Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2017 - 09/28/2018

1.000000 EA $____________ $___________________

0016 Option Year Three: Single Complex Burn (Tear Out and Build In)

Line Period of Performance: 09/29/2017 - 09/28/2018

1.000000 EA $____________ $___________________

0017 Option Year Four: Single Burn Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2018 - 09/28/2019

1.000000 EA $____________ $___________________

DJA-14-AHDQ-R-0010 Page 3 of 27

0018 Option Year Four: Single Flash Over Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2018 - 09/28/2019

1.000000 EA $____________ $___________________

0019 Option Year Four: Single Post Blast Cell (Tear Out and Build In)

Line Period of Performance: 09/29/2018 - 09/28/2019

1.000000 EA $____________ $___________________

0020 Option Year Four: Single Complex Burn (Tear Out and Build In)

Line Period of Performance: 09/29/2018 - 09/28/2019

1.000000 EA $____________ $___________________

0021 Repairs of Burn Cell Complex

Line Period of Performance: 09/29/2014 - 09/28/2019

1.000000 LT $____________ $___________________

DJA-14-AHDQ-R-0010 Page 4 of 27

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions - Commercial Items (May 2014)

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

52.242-15 Stop-Work Order (Aug 1989)

52.242-17 Government Delay of Work (Apr 1984)

52.202-1 Definitions (Jan 2012)

52.203-7 Anti-Kickback Procedures (Oct 2010)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.212-4 Contract Terms and Conditions - Commercial Items (May 2014)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.204-7 System for Award Manangement (Jul 2013)

Clauses By Full Text

Section C Descriptions and Specifications

SEE ATTACHED STATEMENT OF WORK (SOW)

Section E Inspection and Acceptance

SECTION E - INSPECTION AND ACCEPTANCE

DJA-14-AHDQ-R-0010 Page 5 of 27

a) Government inspection of items will be performed at Emmitsburg destination by the COR or their designee as shown in the clause entitled "Contracting Officer's Representative (COR)" in Section G or designated person.

b) Inspection, acceptance and rejection decisions will be based upon item compliance with the contract and in-spection will be completed within 1 day after the work has been completed.

c) Written notification of negative inspection results will be furnished by the CO within 5 days after inspection

Section F Deliveries of Performance

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERNCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See http://www.aquisitions.gov/far

F.2 TERM OF CONTRACT

The contract shall be for a period of 12 months plus four-one year option periods subject to the Government's option to extend the term of the contract.

Base Period: 09/29/2014 thru 09/28/2015 Option Year One: 09/29/2015 thru 09/28/2016 Option Year Two: 09/29/2016 thru 09/28/2017 Option Year Three: 09/29/2017 thru 09/28/2018 Option Year Four: 09/29/2018 thru 09/28/2019

F.3 PLACE OF PERFORMANCE

National Academy 1131 Chapel Crossing Road Bldg. 681 Glynco, GA 31524

Section G Contract Administrtion Data

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

The resultant contract will be administered by:

Department of the Justice Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Acquisition Branch Brian Wilkins, Contracting Officer Washington, DC 20226 Work 202-648-9120 Email: Brian.Wilkins@atf.gov

G.2 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the discretion of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs in-curred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

DJA-14-AHDQ-R-0010 Page 6 of 27

G.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

A COR will be designated on authority of the CO to monitor all technical aspects and assist in administering the contract. The types of actions within the purview of the COR's authority are to assure that the Contractor performs the technical requirements of the con-tract; to perform, or cause to be performed, inspections necessary in connection with performance of the contract; to maintain both written and oral communications with the Contractor concerning the aspects of the contract within his/her purview; to monitor the Contractor's performance under the contract and notify the Contractor and CO of any deficiencies observed; and to coordinate Govern-ment furnished property availability and provide for site entry of Contractor personnel, if required.

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-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.

DJA-14-AHDQ-R-0010 Page 7 of 27

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 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-

DJA-14-AHDQ-R-0010 Page 8 of 27 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.

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-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-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)

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

NOTICE TO THE GOVERNMENT OF DELAYS (Revised July 19, 2007)

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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-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-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-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)

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ATF-34 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012)

(a) In accordance with sections 543 and 544 of Title V, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L.

112-55), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooper-ative agreement with a corporation –

(1) Convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered sus-pension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) With any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been ex-hausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for col-lecting the tax liability, unless an agency has considered suspension and disbarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that-

(1) The offeror/contractor is not a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months; and

(2) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agree-ment with the authority responsible for collecting the tax liability.

(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

Section H Special Contract Requirements (ATF & DOJ Clauses)

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-

DJA-14-AHDQ-R-0010 Page 11 of 27 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 to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

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

(End of Clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Govern-ment gives the Contractor a preliminary written notice of its intent to extend at least 30 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

52.243-1 Alt I Changes--Fixed Price (Aug 1987)- Alternate I (Apr 1984)

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(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the gen-eral scope of this contract in any one or more of the following:

(1) Description of services to be performed.

(2) Time of performance (i.e., hours of the day, days of the week, etc.).

(3) Place of performance of the services.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work un-der this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order.

However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal sub-mitted before final payment of the contract.

(d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(End of clause)

Section I Contract Clauses (FAR Clauses Required Depending on Solicitation/Contract)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 09/29/2014] through 09/28/2019.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than [insert dol-lar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or ser-vices under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within ___________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula-tion (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-

DJA-14-AHDQ-R-0010 Page 13 of 27 tions in paragraph (b), unless that order (or orders) is returned to the ordering office within ___________ days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond _____________________. The Government's obliga-tion for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond _____________________, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insur-ance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jul 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and

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10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

X (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L.

112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

(iv) Alternate III (Jul 2010) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (June 2003) of 52.219-23.

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(22) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Jul 2013) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

(23) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

(27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

X (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (32) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

X (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(34) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of com-mercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).