DJA-15-AHDQ-R-0004_ATF_Canine_Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

See Lines

5. SOLICITATION NUMBER

DJA-15-AHDQ-R-0004

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/05/2015

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Jim Huff James.Huff@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489117 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

04/14/2015 17:00:00

CODE AACQ

ATF - ACQUISITIONS BRANCH

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

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 112990

SIZE STANDARD: $750,000

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

A902080CODE15. DELIVER TO

CANINE TRAINING CENTER

CANINE TECHNICAL BRANCH

122 CAVALRY DR.

FRONT ROYAL, VA 22630

BRANCH CHIEF

CODE A40100016. ADMINISTERED BY

ATF - Logistics & Acquisition Division 99 New York Ave NE

WASHINGTON, DC 20226

DIVISION CHIEF

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 Washington, DC 20226

Finance Branch

(O) (202) 648-7860 Finance.Branch@ATF.gov

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

CANINE COMBINE SYNPOSIS/SOLICITATION FOR

THE BUREAU OF ALCOHOL, TOBACCO,

FIREARMS AND EXPLOSIVES

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)

James M. Huff

31c. DATE SIGNED

03/05/2015

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

DJA-15-AHDQ-R-0004 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-15-AHDQ-R-0004 Page 2 of 40

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

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

Section C Section C Statement of Work Section E Section E Inspection and Acceptance Section F Section F Deliveries or Performance Section G Section G Contract Administration Data 2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

ATF-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

52.212-4 Contract Terms and Conditions - Commercial Items (May 2014) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jul 2014) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

4 List of Attachments Clause Attachments

5 Solicitation Provisions 52.212-3 Offeror Representations and Certifications - Commercial Items (May 2014) 52.209-5 Certification Regarding Responsibility Matters (Apr 2010) 52.225-18 Place of Manufacture (Sept 2006) Section L Section L Instructions, Conditions, and Notices to Offerors 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) Section M Section M Evaluation Factors for Award

DJA-15-AHDQ-R-0004 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 Canine

BASE PERIOD: awarded date through month 12

The contractor shall provide Canines as described in the attached Statement of Work

Line Period of Performance: 05/12/2015 - 05/11/2016

1.000000 EA $____________ $___________________

0002 Canine

OPTION PERIOD ONE: Month 13 after award through month 24 after award

The contractor shall provide Canines as described in the attached Statement of Work

Line Period of Performance: 05/12/2016 - 05/11/2017

1.000000 EA $____________ $___________________

0003 Canine

OPTION PERIOD TWO: Month 25 after award through month 36 after award

The contractor shall provide Canines as described in the attached Statement of Work

Line Period of Performance: 05/12/2017 - 05/11/2018

1.000000 EA $____________ $___________________

0004 Canine

OPTION PERIOD THREE: Month 37 after award through month 48 after award

The contractor shall provide Canines as described in the attached Statement of Work

Line Period of Performance: 05/12/2018 - 05/11/2019

1.000000 EA $____________ $___________________

0005 Canine

OPTION PERIOD FOUR: Month 49 after award through month 60 after award

The contractor shall provide Canines as described in the attached Statement of Work

Line Period of Performance: 05/12/2019 - 05/11/2020

1.000000 EA $____________ $___________________

Section B Section B Supplies or Services and Prices

SECTION B – CONTINUATION BLOCK

B.1 SUPPLIES / SERVICES BEING PROCURED

Provide the Bureau of Alcohol, Tobacco, Firearms and Explosives with Labrador Retrievers as specified in the Statement of Work in this section, at the rates specified in the Schedule.

B.2 GOVERNMENT OBLIGATION

The Government’s minimum obligation under this contract is to purchase one canine during the life of this contract. The maximum ceiling on the contract is eighty (80) canines during the life of this contract. Multiple awards may be made.

B.3 CONTRACT TYPE

This will be a multiple award, firm fixed price, Indefinite Delivery Indefinite Quantity (IDIQ) contract with a twelve (12) month Base Period and four (4) twelve (12) month Option Periods. “The Government expects to award up to eight contracts, however

DJA-15-AHDQ-R-0004 Page 4 of 40 at the Governments sole discretion it may award more or less than eight contracts”

B.4 SCHEDULE

BASE PERIOD: Awarded date through month 12 OPTION PERIOD ONE: Month 13 through month 24 OPTION PERIOD TWO: Month 25 through month 36 OPTION PERIOD THREE: Month 37 through month 48 OPTION PERIOD FOUR: Month 49 through month 60

CANINES:

BASE PERIOD: EACH _____________

OPTION PERIOD ONE: EACH _____________

OPTION PERIOD TWO: EACH _____________

OPTION PERIOD THREE: EACH _____________

OPTION PERIOD FOUR: EACH _____________

DJA-15-AHDQ-R-0004 Page 5 of 40

Section 3 - Contract Clauses

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer-cise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agree-ment on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason-able control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

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

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

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

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

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

DJA-15-AHDQ-R-0004 Page 6 of 40

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

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

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

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

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

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

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

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the de-mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify

DJA-15-AHDQ-R-0004 Page 7 of 40 the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi-tion Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu-lar purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu-lations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or-der:

DJA-15-AHDQ-R-0004 Page 8 of 40

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of-ficer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM in-formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform-ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it ap-pearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

DJA-15-AHDQ-R-0004 Page 9 of 40

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

52.204-7 System for Award Manangement (Jul 2013)

52.232-1 Payments (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

52.202-1 Definitions (Nov 2013)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

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

52.244-6 Subcontracts for Commercial Items (Jul 2014)

52.219-14 Limitations on Subcontracting (Nov 2011)

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

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.222-50 Combating Trafficking in Persons (Feb 2009)

Clauses By Full Text

Section C Section C Statement of Work

DJA-15-AHDQ-R-0004 SECTION C

Statement of Work

National Canine Division Front Royal, VA Detector Dog Programs

1.0 Background

ATF is a law enforcement organization. ATF’s unique responsibilities consist of reducing violent crime, collecting revenue, and pro-tecting the public. ATF enforces Federal laws and regulations relating to alcohol, tobacco, firearms, explosives, and arson by working

DJA-15-AHDQ-R-0004 Page 10 of 40 directly and in cooperation with other government agencies to:

a) Suppress and prevent crime and violence through enforcement, regulation and community outreach;

b) Ensure fair and proper revenue collection;

c) Provide fair and effective industry regulation;

d) Support and assist Federal, State, Local and international law enforcement;

e) Provide innovative training programs in support of criminal and regulatory enforcement functions;

f) Help reduce the criminal use of firearms;

g) Provide for public safety by reducing the criminal misuse of explosives, combating arson, and remove safety hazards caused by improper and unsafe storage of explosive materials.

1.1 Organization

ATF is a law-enforcement organization with unique responsibilities. It is dedicated to reducing violent crime and protecting the pub-lic. ATF enforces federal laws and regulations relating to alcohol, tobacco, firearms, explosives, and arson. The Agency accomplishes this mission by working directly with and cooperating with other Federal, state, local, and international authorities. The Bureau’s ob-jective is to provide fair and effective industry regulation, provide assistance to Federal, state, local and international law enforce-ment, prevent crime and violence through enforcement, regulation, and community outreach, and provide innovative training pro-grams that support criminal and regulatory enforcement activities.

ATF is a highly-decentralized organization composed of 25 Field Division offices and approximately 250 field and satellite offices across the continental United States (U.S.), Hawaii and Alaska.

The National Canine Division (NCD), located in Front Royal, VA, requires Labrador retrievers for a base year and up to four addition-al option years. These retrievers will be trained by ATF as detector canines for various programs and may be assigned to ATF Special Agent Canine Handlers, State, Local, foreign or other Federal Law Enforcement agencies. The canines will be trained to detect either explosives or accelerants. ATF estimates that it may purchase 1 to 25 canines annually over a five-year period.

2.0 OBJECTIVE. The purpose of this Statement of Work (SOW) is to obtain canine vendors to provide Labrador Retrievers to be trained for any ATF detection canine course.

3.0 SCOPE. The scope of this contract is to provide Labrador Retrievers which can be successfully trained by ATF as detection canines and that meet the criteria set forth in section 4.1.

4.0 TASK. The vendor will be offered the opportunity to provide canines to ATF when funding becomes available for each detec-tion class. A pre-determined number of canines will be sought for each class. The COR will request canines from all vendors and those that pass the entrance criteria testing may be procured.

4.1 Logistics

4.1 When a vendor offers a canine to the NCD, the vendor must provide all written medical and behavioral documentation to the NCD to be reviewed prior to the procurement testing of the canine. Documentation must include a full historical record from whelp to present to include full disclosure of where the dog was procured or bred.

4.1.2 All canines will have an initial entry test either at the offeror’s facility or at the National Canine Center (NCC). A complex sec-ondary evaluation will be performed at the NCC within 14 days of arrival at the ATF kennel facility. If following the secondary test-ing the canine is deemed unacceptable the cost of return of the canine may be at the vendor’s expense.

4.1.3 Once purchased and within the ATF canine training period at the NCC, if a canine is found to be unacceptable due to medical or performance issues, it will be ATF’s option to seek a full refund or acceptable replacement from the vendor. The replacement canine must adhere to the predefined selection criteria.

4.1.4 Canines located outside of a 450 mile radius must be transported to the ATF, NCC by the vendor.

4.2 Canine Requirements - Medical and Behavioral

4.2.1 Breed specific – must be a Labrador retriever and possess the traits that the breed is known for: outgoing, confident, even tempered, agile, intelligent as well as being adaptable to a variety of environments and various environmental stimuli. Due to the spe-cific tasks the canines will be performing, bloodlines that were intended for field trail canines may be desired at times. The canines must possess a strong food drive, evident physical stamina, pronounced environmental stability as well as the ability to work inde-pendently.

4.2.2 Minimum of 12 months of age, maximum of 24 months of age at entrance to the ATF canine program. ATF reserves the right to make exceptions to these parameters based on individual canine testing and the needs of the program.

DJA-15-AHDQ-R-0004 Page 11 of 40

4.2.3 Altered (Male or Female) – no previous pregnancies

4.2.4 No silver Labrador retrievers will be accepted

4.2.5 Medical Requirements

a. Vaccines current – within the past 12 months will be considered current and a historical record from whelp date (Distemper combin-ation vaccine, Rabies, Lyme, Bordetella)

b. Internal parasite testing current with a negative result within the past month of offering (blood and feces)

c. Current on all monthly preventative medications – i.e. heartworm, and flea and tick medications (continued use with no break in ad-ministration)

d. Physical examination documented by a Licensed Veterinarian within the past 12 months (veterinary facility point of contact must be provided). ATF reserves the right to verify all medical documentation provided by the vendor

e. Radiographs of hips, elbows, shoulders and knees are required. Written veterinary documentation must be provided with no evid-ence of Degenerative Joint Disease (DJD), genetic abnormality or previous injuries in any of the structures examined. Radiographs must be current and have been taken within the previous 12 months.

f. Complete written disclosure of medical/behavioral history from vendor

g. Complete disclosure of previous owner/puppy raiser history

4.2.6 Strong food drive – obvious desire to work for a food reward

4.2.7 Shall be in excellent health, athletic, working dog condition

4.2.8 Must have a propensity to follow directions from an unfamiliar handler

4.2.9 Must exhibit evidence of inquisitiveness with a pronounced independent olfactory drive – i.e. strong search behavior / strong de-sire to explore the environment, especially, an apparent interest in odors as exhibited by sniffing new objects

4.2.10 Environmental stability - must demonstrate environmental confidence in diverse areas / be willing to work in confined debris filled areas, dark enclosed areas, no fear of heights, moving objects or moving floor surfaces, or loud noises (e.g. gunfire, sirens, storms)

4.2.11 Must be willing to retrieve food from under vehicles, open areas, confined areas, dark areas and moving surfaces

4.3 Disqualifying medical issues consisting of, but are not limited to, the following:

4.3.1 Chipped, fractured, discolored, missing teeth, severe over/under bite or periodontal disease

4.3.2 Chronic or acute disease or condition which would affect the canine’s ability to work on a daily basis

4.3.3 Gait – any gait abnormality that could affect the canine’s ability to walk or run

4.3.4 History of seizures or collapsing

4.3.5 Diagnosis of a soft trachea

4.3.6 Diagnosis or evidence of Ectropion or Entropion

4.3.7 Evidence of severe laxity of the eyelids that would deter from their normal function

4.3.8 Radiographic signs of hip, elbow, shoulder, or knee dysplasia, lameness, or any other skeletal abnormalities or evidence of DJD (arthritis)

4.3.9 Previous musculoskeletal injury which has or may lead to degenerative joint disease or conformational abnormality

4.3.10 Current symptoms of Panosteitis

4.3.11 Chronic gastrointestinal conditions – e.g. diarrhea, vomiting

DJA-15-AHDQ-R-0004 Page 12 of 40

4.3.12 Poor body condition, either obese or emaciation

4.3.13 Evidence of a heart or thyroid conditions

4.3.14 Chronic Otitis

4.3.15 Obvious cosmetic blemishes that deter from the normal condition of a Labrador retriever (e.g. cropped ears or docked tails (not inclusive))

4.3.16 Chronic skin conditions - dermatitis, injuries, infections, chronic allergies or a marked external parasite infestation

4.3.17 Chronic health problems of any kind (defined as three documented issues of the same condition within one calendar year)

4.4 Disqualifying behavioral issues

4.4.1 Behavior issues to include aggression towards other canines, people, or different species of animals.

4.4.2 Lack of confidence. Canine must demonstrate no fear or avoidant behavior at ANY point during testing to the following:

a. Stairs (closed back)

b. Stairs (open back)

c. Slick floors

d. Unfamiliar flooring of any kind

e. Unfamiliar surroundings

f. Strangers

g. Noise - must NOT display any apprehension or diminished work capacity when exposed to loud unfamiliar noises or sudden move-ment of any kind - e.g. vehicles, emergency vehicle siren, gunfire, vacuum or thunderstorms

h. Displaying signs of submissive behavior (not inclusive)

i. Fear of loading and or riding in a vehicle – motion sickness

j. Hand shy/avoidance

4.4.3. Lack of food desire – must possess a strong food drive

4.4.4. Any abnormal behavior issues either due to environmental and/or training factors arising from previous exposure to an electron-ic training collar

4.4.5. Canine rule out option – upon record review or canine testing if it is determined that any previous exposure to training collars or target odors such as but not inclusive; accelerants, cadaver, narcotics or explosives scents, the canine will be declined.

4.4.6. Lack of cooperative behavior – must have a natural willingness to work

4.5 Inspection and Acceptance

1. The vendor is required to maintain its facilities at acceptable standards during the performance of this contract. Ac-ceptable facility standards are listed in Attachment A. ATF reserves the right to inspect the vendor’s training, hous-ing and medical treatment facilities at any time during the contract period of performance.

2. Once accepted at the NCC and throughout the detection course training period (six months), canines will be re-turned to the vendor if they develop a genetically un-disclosed illness or fail an incoming physical examination – an acceptable replacement must be provided by the vendor within 30 days

3. Once accepted at the NCC and throughout the detection course training period (six months), canines will be re-turned to the vendor if they develop an unacceptable and not previously disclosed behavioral issue – an acceptable replacement must be provided by the vendor within 30 days.

5.0 Reserved

6.0 PERIOD OF PERFORMANCE. The period of performance for this requirement will be for a Base Period of twelve (12) months from the date of award of this contract, plus four (4) twelve (12) month option periods.

7.0 PLACE OF PERFORMANCE. The primary place of work shall be with the National Canine Division at the National Can-ine Center located in Front Royal, Virginia.

8.0 CONTRACT TYPE. Contract type is an Indefinite Delivery Indefinite Quantity (IDIQ) Firm Fixed Price Contract.

9.0 QUALITY CONTROL. The vendor shall develop, implement and maintain a quality control program. The program shall in-

DJA-15-AHDQ-R-0004 Page 13 of 40 clude inspection, validation, evaluation, corrective action and procedures necessary to affect quality control of all canines provided un-der the contract. The program shall allow inspection and evaluation by the Government at any time

Section E Section E Inspection and Acceptance

DJA-15-AHDQ-R-0004 SECTION E

SECTION E - INSPECTION AND ACCEPTANCE

1. Inspection/Acceptance. Canines delivered under this contract shall be inspected and accepted by the COR. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any canines that have been tendered for acceptance in accordance with the SOW.

2. Acceptance Criteria. The basis for acceptance shall be in compliance with the requirements/objectives/constraints set forth in the SOW, and other terms and conditions of the contract.

3. The COR will inspect all canine procurements to ensure overall compliance within the guidelines/requirements of the contract and associated delivery order.

4. Rejection Procedures. If the COR rejects any canine, that rejected canine will be handled in the following manner:

a. After notification that the canine did not meet the acceptance criteria in the SOW, the vendor shall provide a refund or replace-ment within five (5) business days after receipt of Government comments.

5. Upon replacement by the vendor, the Government will reapply the same acceptance criteria. If the canine does not meet the accept-ance criteria a second time, the Government may consider the vendor as having deficient performance.

6. Any refund or replacement work of a rejected canine will be completed at no additional cost to the government.

7. No payments will be issued against rejected canine, until they are corrected and accepted by the government.

Section F Section F Deliveries or Performance

DJA-15-AHDQ-R-0004 SECTION F

SECTION F - DELIVERIES OR PERFORMANCE

This Contractor will have the responsibility to ensure that the canines that are procured on funded delivery orders are delivered to their proper destination (Front Royal, VA) at no extra cost to the Government. The COR will rate the contractor’s performance based on surveys and the quality of the canines received on an annual basis.

Section G Section G Contract Administration Data

DJA-15-AHDQ-R-0004 SECTION G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

The resultant contract will be administered by:

Department of Justice Bureau of Alcohol, Tobacco Firearms and Explosives Logistic Acquisition Division 99 New York Avenue NE Washington, D.C. 20226

DJA-15-AHDQ-R-0004 Page 14 of 40

POC Jim Huff Contracting Officer

PH# 202/648-9117

E-Mail: james.huff@atf.gov

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Designated COR for this contract is:

Tammie Adams National Canine Division 122 Cavalry Drive Front Royal, VA, 22630-4595

PH# 202/648-6508

E-Mail tammie.adams@atf.gov

CONTRACTING OFFICER’S REPRESENTATIVE

a. The Contracting Officer may designate Government personnel to act as the Contracting Officer’s Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other func-tions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the Contractor the notice to pro-ceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

b. The COR shall not sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Of-ficer.

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

(a) Mr./Ms. [Tammie Adams of ATF [Room No.], Canine Center, Front Royal, VA, 202/648/6508, is hereby designated to act as Con-tracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

ATF-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 Contracting Officer's Representative (COR)/POC named in Section G/Section

3.3 of this contract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as the offi-cial original copy. The e-mail subject line must contain the name of the ATF COR/POC named in Section G/Section 3.3 of the oblig-ation document, the Order/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/Section 3.3 of

DJA-15-AHDQ-R-0004 Page 15 of 40 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-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILTY INQUIRIES (Revised December 18,2013)

ATF contractors are required to provide quarterly contractor accounts payable liabilities. These quarterly submissions require contract-ors to update information on unpaid bills and non-invoiced activity.The quarterly submissions must be received by these dates:

December 10th for the quarter ending December 31; March 10th for the quarter ending March 31; June 10th for the quarter ending June 30th; and September 10th for the quarter ending September 30th.The information will be used for the preparation of ATF's Fin-ancial Statements purpose only.

The contractor will use the ATF's internet websites listed below to access the Periodic Vendor Query Instructions and Vendor Query Spreadsheet to submit their quarterly submissions. The contractor must fill in the columns as requested in the Periodic Vendor Query Instructions, along with the name/title and date in the Vendor Query Attachment Worksheet. The contractor's company name alone has to be entered in the subject line of the e-mail and submit this information to VEInquiry@ATF.gov and the ATF Contracting Of-ficer's Representative (COR)/Point-of-Contact (POC) named in Section G of this contract.

Business Opportunities Page: http://www.atf.gov/content/contact-us/business-opportunities Vendor Query Instructions: http://www.atf.gov/content/contact-us/business-opportunities/vendor-query-instructions Excel Spreadsheet: http://www.atf.gov/files/about/business-opportunities/documents/vendor-query-template.xls

Contractors who are unable to submit this information via e-mail, must have this information mailed and received by the due dates stated above to the ATF COR/POC named in Section G of this contract and ATF's Accounting Branch at the address provided below:

Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) Attn: Accounting Branch Expedite Quarterly Contractor Inquiries 99 New York Avenue, NE Mail Drop 4S-288 Washington, DC 20226

Failure to provide this information within the specific time may result in delays of invoice payments or reflect negatively in the con-tractor's performance evaluation, as specified in Federal Acquisition Regulation (FAR) Part 42.1501.

(End of Clause)

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

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

In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situ-ation is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting Officer and the 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)

DJA-15-AHDQ-R-0004 Page 16 of 40

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-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…