DJA-15-AHDQ-R-0044_Amendment_5_Data_Entry _Imaging _Indexing _IT_Support_Services_and_Related_Support_Services_and_Information_Technology.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

12/17/2015

4. REQUISITION/PURCHASE REQ. NO.

DJA-15-ANTC-PR-0303

5. PROJECT NO. (If applicable)

AACQCODE

ATF - ACQUISITIONS BRANCH

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

Jim Huff

(O) 2026489117

(F) 2026489654 James.Huff@ATF.gov

6. ISSUED BY A401000CODE

ATF - Logistics & Acquisition Division 99 New York Ave NE

WASHINGTON, DC 20226

DIVISION CHIEF

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

DJA-15-AHDQ-R-0044

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

07/01/2015

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.)

Amendment #5 is hereby issued to the combined synopsis / solicitation DJA-15-AHDQ-R-0044. See Section B for Detail Information Page 12 of 89.

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)

(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-15-AHDQ-R-0044/0005 Page 1 of 89

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section B Services 3 Contract Clauses

Section E Inspection and Acceptance 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-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

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

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued) ATF-41 Department Policy on Domestic Violence, Sexual Assault, and Stalking ATF-40 Establishing a Minimum Wage for Contractors (Deviation)

ATF-31 KEY PERSONNEL

ATF-09 NOTICE TO DELAY PERFORMANCE

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

ATF-02 REPRESENTATION OF COMPLIANCE WITH THE ELECTRONIC AND INFORMATION

TECHNOLOGY ACCESSIBILITY STANDARDS (SECTION 508)

ATF-01 ACCESIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION

508)

ATF-03 SECTION 508 TECHNICAL REQUIREMENTS

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

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-28 CONTRACTOR CERTIFICATION OF COMPLIANCE WITH FEDERAL TAX

REQUIREMENTS

ATF-08 SECTION 8(a) DIRECT AWARDS

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

ATF-11 ATF IDENTIFICATION (ID) MEDIA

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

TECHNOLOGY (IT) SYSTEMS

ATF-24 COMPUTER SECURITY

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

INFORMATION (PII)

ATF-30 COMMON SECURITY CONFIGURATIONS

52.202-1 Definitions (Nov 2013) 52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2015) 52.243-1 Changes - Fixed-Price (Aug 1987) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.219-11 Special 8(A) Contract Conditions (Feb 1990) 52.219-17 Section 8(A) Award (Dec 1996) 52.219-18 Notification of Competition Limited to Eligible 8 (A) Concerns (June 2003) 52.219-18 Alt I Notification of Competition Limited to Eligible 8(A) Concerns (Jun 1999) - Alternate I (Apr 2005) 52.219-14 Limitations on Subcontracting (Nov 2011) 52.203-3 Gratuities (Apr 1984) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.232-11 Extras (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

4 List of Attachments Section J Attachments

5 Solicitation Provisions 52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015) 52.225-25 Prohibition on Contracting With Entities Engaging in Sanctioned Activities Relating to Iran -

DJA-15-AHDQ-R-0044/0005 Page 2 of 89

Representation and Certification (Dec 2012) 52.209-5 Certification Regarding Responsibility Matters (Apr 2010) Section L Instructions, Conditions and Notices to Offerors 52.212-1 Instructions to Offerors - Commercial Items (Apr 2014) 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) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.222-17 Nondisplacement of Qualified Workers (May 2014) ATF-42 PARTNERING (October 2015) Section M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990)

DJA-15-AHDQ-R-0044/0005 Page 3 of 89

Section 2 - Commodity or Services Schedule

Data Entry, Imaging, Indexing, IT Support Services and Related Support Services and Information Technology

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year: Task One PWS 3.2 National Tracing Center (NTC)

Grand Total for Base Year: Task One

Use TAB One (1) on Attachment H Estimated Personnel for Guidance for Base Year Pricing and ATTACHMENT H (Addendum

1) Night Shift Breakout, except for IT Services

Task One entails the following:

Tracing Request Data Entry Out-of-Business Tracing Active Dealer Tracing Receiving and Warehousing Document Conversion Program Supports IT Services (CLIN 5 for Pricing) IT Services (ONLY) is OPTIONAL for a future endeavor Subject to the Availability of funds provide

PRICE RATES ONLY

Line Period of Performance: 01/01/2016 - 12/31/2016

Previous :

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0002 Base Year: Task Two PWS 3.3 Firearms and Explosives Services Division (FESD)

Grand Total for Base Year: Task Two

Use TAB Two (2) on Attachment H Estimated Personnel for Guidance for Base Year Pricing

Task Two entails the following:

- Customer Service Representatives

- Research Assistants

- Data Entry Contractors

Line Period of Performance: 01/01/2016 - 12/31/2016

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0003 Base Year: Task Three PWS 3.4 Firearms and Ammunition Technology Division (FATD)

Grand Total for Base Year: Task Three

Use TAB Three (3) on Attachment H Estimated Personnel for Guidance for Base Year Pricing

Task Three is OPTIONAL for a future endeavor Subject to the Availability of funds

(Pricing still needs to be provided and included in the overall pricing)

Line Period of Performance: 01/01/2016 - 12/31/2016

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0004 Base Year: Task Four PWS 3.5 Office of Strategic Intelligence and Information (OSII), Violent Crime Intelligence Division (VCID), Violent Crimes Analysis Branch (VCAB) and Denial Enforcement and NICS Intelligence Branch (DENI)

Grand Total for Base Year: Task Four

Use TAB Four (4) on Attachment H Estimated Personnel for Guidance for Base Year Pricing

Line Period of Performance: 01/01/2016 - 12/31/2016

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0005 Base Year: IT Support Services PWS 3.2.6 thru 3.2.11

Task One: IT Services is OPTIONAL for a future endeavor Subject to the Availability of funds

Task One for IT Services provide PRICE RATES ONLY: Senior Web Designer PWS 3.2.11 (a), Web Designer (2 each) PWS 3.2.11 (b), GIS Engineer PWS 3.2.11 (c), Technical Documentation Specialist PWS 3.2.11 (d) Task Manager 3.2.11(e)

Line Period of Performance: 01/01/2016 - 12/31/2016

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0006 Option Year One: Task One PWS 3.2 National Tracing Center

(NTC)

Previous: LT $____________ $___________________

DJA-15-AHDQ-R-0044/0005 Page 4 of 89

Grand Total for Option Year One: Task One

Use TAB One (1) on Attachment H Estimated Personnel for Guidance for Base Year Pricing and ATTACHMENT H (Addendum

1) Night Shift Breakout, except for IT Services

Task One entails the following:

Tracing Request Data Entry Out-of-Business Tracing Active Dealer Tracing Receiving and Warehousing Document Conversion Program Supports IT Services (CLIN 10 for Pricing) IT Services (ONLY) is OPTIONAL for a future endeavor Subject to the Availability of funds provide

PRICE RATES ONLY

Line Period of Performance: 01/01/2017 - 12/31/2017

1.000000

Change: 0.000000

Current : 1.000000

0007 Option Year One: Task Two PWS 3.3 Firearms and Explosives Services Division (FESD)

Grand Total for Option Year One: Task Two

Use TAB Two (2) on Attachment H Estimated Personnel for Guidance for Option Year One Pricing

Task Two entails the following:

- Customer Service Representatives

- Research Assistants

- Data Entry Contractors

Line Period of Performance: 01/01/2017 - 12/31/2017

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0008 Option Year One: Task Three PWS 3.4 Firearms and Ammunition Technology Division (FATD)

Grand Total for Option Year One: Task Three

Use TAB Three (3) on Attachment H Estimated Personnel for Guidance for Option Year One Year Pricing

Task Three is OPTIONAL for a future endeavor Subject to the Availability of funds

(Pricing still needs to be provided and included in the overall pricing)

Line Period of Performance: 01/01/2017 - 12/31/2017

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0009 Option Year One: Task Four PWS 3.5 Office of Strategic Intelligence and Information (OSII), Violent Crime Intelligence Division (VCID), Violent Crimes Analysis Branch (VCAB) and Denial Enforcement and NICS Intelligence Branch (DENI)

Grand Total for Option Year One: Task Four

Use TAB Four (4) on Attachment H Estimated Personnel for Guidance for Option Year One Pricing

Line Period of Performance: 01/01/2017 - 12/31/2017

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0010 Option Year One: IT Support Services PWS 3.2.6 thru 3.2.11

Task One: IT Services is OPTIONAL for a future endeavor Subject to the Availability of funds

Task One for IT Services provide PRICE RATES ONLY: Senior Web Designer PWS 3.2.11 (a), Web Designer (2 each) PWS 3.2.11 (b), GIS Engineer PWS 3.2.11 (c), Technical Documentation Specialist PWS 3.2.11 (d) Task Manager 3.2.11(e)

Line Period of Performance: 01/01/2017 - 12/31/2017

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0011 Option Year Two: Task One PWS 3.2 National Tracing Center

(NTC)

Grand Total for Option Year Two: Task One

Use TAB One (1) on Attachment H Estimated Personnel for Guidance for Base Year Pricing and ATTACHMENT H (Addendum

1) Night Shift Breakout, except for IT Services

Task One entails the following:

Tracing Request Data Entry Out-of-Business Tracing Active Dealer Tracing Receiving and Warehousing Document Conversion Program Supports IT Services (CLIN 15 for Pricing) IT Services (ONLY) is OPTIONAL for a future endeavor Subject to the Availability of funds provide

PRICE RATES ONLY

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

DJA-15-AHDQ-R-0044/0005 Page 5 of 89

Line Period of Performance: 01/01/2018 - 12/31/2018

0012 Option Year Two: Task Two PWS 3.3 Firearms and Explosives Services Division (FESD)

Grand Total for Option Year Two: Task Two

Use TAB Two (2) on Attachment H Estimated Personnel for Guidance for Option Year Two Pricing

Task Two entails the following:

- Customer Service Representatives

- Research Assistants

- Data Entry Contractors

Line Period of Performance: 01/01/2018 - 12/31/2018

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0013 Option Year Two: Task Three PWS 3.4 Firearms and Ammunition Technology Division (FATD)

Grand Total for Option Year Two: Task Three

Use TAB Three (3) on Attachment H Estimated Personnel for Guidance for Option Year Two Year Pricing

Task Three is OPTIONAL for a future endeavor Subject to the Availability of funds

(Pricing still needs to be provided and included in the overall pricing)

Line Period of Performance: 01/01/2018 - 12/31/2018

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0014 Option Year Two: Task Four PWS 3.5 Office of Strategic Intelligence and Information (OSII), Violent Crime Intelligence Division (VCID), Violent Crimes Analysis Branch (VCAB) and Denial Enforcement and NICS Intelligence Branch (DENI)

Grand Total for Option Year Two: Task Four

Use TAB Four (4) on Attachment H Estimated Personnel for Guidance for Option Year Two Pricing

Line Period of Performance: 01/01/2018 - 12/31/2018

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0015 Option Year Two: IT Support Services PWS 3.2.6 thru 3.2.11

Task One: IT Services is OPTIONAL for a future endeavor Subject to the Availability of funds

Task One for IT Services provide PRICE RATES ONLY: Senior Web Designer PWS 3.2.11 (a), Web Designer (2 each) PWS 3.2.11 (b), GIS Engineer PWS 3.2.11 (c), Technical Documentation Specialist PWS 3.2.11 (d) Task Manager 3.2.11(e)

Line Period of Performance: 01/01/2018 - 12/31/2018

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0016 Option Year Three: Task One PWS 3.2 National Tracing Center

(NTC)

Grand Total for Option Year Three: Task One

Use TAB One (1) on Attachment H Estimated Personnel for Guidance for Base Year Pricing and ATTACHMENT H (Addendum

1) Night Shift Breakout, except for IT Services

Task One entails the following:

Tracing Request Data Entry Out-of-Business Tracing Active Dealer Tracing Receiving and Warehousing Document Conversion Program Supports IT Services (CLIN 20 for Pricing) IT Services (ONLY) is OPTIONAL for a future endeavor Subject to the Availability of funds provide

PRICE RATES ONLY

Line Period of Performance: 01/01/2019 - 12/31/2019

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0017 Option Year Three: Task Two PWS 3.3 Firearms and Explosives Services Division (FESD)

Grand Total for Option Year Three: Task Two

Use TAB Two (2) on Attachment H Estimated Personnel for Guidance for Option Year Three Pricing

Task Two entails the following:

- Customer Service Representatives

- Research Assistants

- Data Entry Contractors

Line Period of Performance: 01/01/2019 - 12/31/2019

Previous:

1.000000

Change: 0.000000

Current : 1.000000

DJA-15-AHDQ-R-0044/0005 Page 6 of 89

0018 Option Year Three: Task Three PWS 3.4 Firearms and Ammunition Technology Division (FATD)

Grand Total for Option Year Three: Task Three

Use TAB Three (3) on Attachment H Estimated Personnel for Guidance for Option Year Three Year Pricing

Task Three is OPTIONAL for a future endeavor Subject to the Availability of funds

(Pricing still needs to be provided and included in the overall pricing)

Line Period of Performance: 01/01/2019 - 12/31/2019

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0019 Option Year Three: Task Four PWS 3.5 Office of Strategic Intelligence and Information (OSII), Violent Crime Intelligence Division (VCID), Violent Crimes Analysis Branch (VCAB) and Denial Enforcement and NICS Intelligence Branch (DENI)

Grand Total for Option Year Three: Task Four

Use TAB Four (4) on Attachment H Estimated Personnel for Guidance for Option Year Three Pricing

Line Period of Performance: 01/01/2019 - 12/31/2019

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0020 Option Year Three: IT Support Services PWS 3.2.6 thru 3.2.11

Task One: IT Services is OPTIONAL for a future endeavor Subject to the Availability of funds

Task One for IT Services provide PRICE RATES ONLY: Senior Web Designer PWS 3.2.11 (a), Web Designer (2 each) PWS 3.2.11 (b), GIS Engineer PWS 3.2.11 (c), Technical Documentation Specialist PWS 3.2.11 (d) Task Manager 3.2.11(e)

Line Period of Performance: 01/01/2019 - 12/31/2019

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0021 Option Year Four: Task One PWS 3.2 National Tracing Center

(NTC)

Grand Total for Option Year Four: Task One

Use TAB One (1) on Attachment H Estimated Personnel for Guidance for Base Year Pricing and ATTACHMENT H (Addendum

1) Night Shift Breakout, except for IT Services

Task One entails the following:

Tracing Request Data Entry Out-of-Business Tracing Active Dealer Tracing Receiving and Warehousing Document Conversion Program Supports IT Services (CLIN 25 for Pricing) IT Services (ONLY) is OPTIONAL for a future endeavor Subject to the Availability of funds provide

PRICE RATES ONLY

Line Period of Performance: 01/01/2020 - 12/31/2020

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0022 Option Year Four: Task Two PWS 3.3 Firearms and Explosives Services Division (FESD)

Grand Total for Option Year Four: Task Two

Use TAB Two (2) on Attachment H Estimated Personnel for Guidance for Option Year Four Pricing

Task Two entails the following:

- Customer Service Representatives

- Research Assistants

- Data Entry Contractors

Line Period of Performance: 01/01/2020 - 12/31/2020

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0023 Option Year Four: Task Three PWS 3.4 Firearms and Ammunition Technology Division (FATD)

Grand Total for Option Year Four: Task Three

Use TAB Three (3) on Attachment H Estimated Personnel for Guidance for Option Year Four Year Pricing

Task Three is OPTIONAL for a future endeavor Subject to the Availability of funds

(Pricing still needs to be provided and included in the overall pricing)

Line Period of Performance: 01/01/2020 - 12/31/2020

Previous:

1.000000

Change: 0.000000

Current : 1.000000

DJA-15-AHDQ-R-0044/0005 Page 7 of 89

0024 Option Year Four: Task Four PWS 3.5 Office of Strategic Intelligence and Information (OSII), Violent Crime Intelligence Division (VCID), Violent Crimes Analysis Branch (VCAB) and Denial Enforcement and NICS Intelligence Branch (DENI)

Grand Total for Option Year Four: Task Four

Use TAB Four (4) on Attachment H Estimated Personnel for Guidance for Option Year Four Pricing

Line Period of Performance: 01/01/2020 - 12/31/2020

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0025 Option Year Four: IT Support Services PWS 3.2.6 thru 3.2.11

Task One: IT Services is OPTIONAL for a future endeavor Subject to the Availability of funds

Task One for IT Services provide PRICE RATES ONLY: Senior Web Designer PWS 3.2.11 (a), Web Designer (2 each) PWS 3.2.11 (b), GIS Engineer PWS 3.2.11 (c), Technical Documentation Specialist PWS 3.2.11 (d) Task Manager 3.2.11(e)

Line Period of Performance: 01/01/2020 - 12/31/2020

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

0026 Transition Period

Line Period of Performance: 01/01/2016 - 12/31/2016

Previous:

1.000000

Change: 0.000000

Current : 1.000000

LT $____________ $___________________

Section B Services

SECTION B – CONTINUATION BLOCK

B.1 SUPPLIES / SERVICES BEING PROCURED

Provide the Bureau of Alcohol, Tobacco, Firearms and Explosives, National Tracing Center (NTC), Firearms and Explosives Services Division (FESD) Support Services, Firearms and Ammunition Technology Division (FATD), Office of Strategic Intelligence and Information (OSII), Violent Crime Intelligence Division (VCID), Violent Crimes Analysis Branch (VCAB) and Denial Enforcement and NICS Intelligence Branch (DENI) with Data Entry, Imaging, In-dexing, IT Support Services and Related Support Services as specified in the Performance Work Statement.

B.2 GOVERNMENT OBLIGATION

The Government’s minimum obligation under this contract is a $1,000 over the life of this con-tract. The maximum ceiling on the contract is not to exceed $220,000,000 during the life of this

DJA-15-AHDQ-R-0044/0005 Page 8 of 89 contract. Only a single award will be made using North American Industry Classification Sys-tem (NAICS) number 518210.

B.3 CONTRACT TYPE

This will be a single 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 only one (1) contract.

If Performance Measures for any Task Orders are not met in any one (1) month the Gov-ernment will have the right to enforce a disincentive on a case by case basis up to 1% of that monthly invoice. Staffing shortages will be handled when they are due to Govern-ment delays in background security investigation processing and result from no fault of the Contractor.

“Each offeror shall provide fixed unit and total prices for each item listed in Schedule B.

The quantities or services specified in the schedule are estimates only and may not be pur-chased under this contract. The actual quantities will vary according to the Government’s requirements. If the Government’s requirements do not result in the quantities described as “estimated quantity,” that fact shall not constitute the basis for an equitable adjust-ment. Unit prices will not be adjusted as the result of a variation in the quantities. The total for all items shown on the Standard Form (SF) 1449 is the ceiling price. The Govern-ment will not reimburse the Contractor for costs incurred above the ceiling price.”

B.4 SCHEDULE

BASE PERIOD: 01/01/2016 thru 12/31/2016

OPTION PERIOD ONE: 01/01/2017thru 12/31/2017

OPTION PERIOD TWO: 01/01/2018 thru 12/31/2018

OPTION PERIOD THREE: 01/01/2019 thru 12/31/2019

DJA-15-AHDQ-R-0044/0005 Page 9 of 89

OPTION PERIOD FOUR: 01/01/2020 thru 12/31/2020

Amendment #1 is hereby issued to incorporate Attachment A PWS Amendment #1 and combined synopsis/solicitation DJA- 15-AHDQ-R-0044 Amendment #1. Following changes been incorporated to this synopsis/solicitation:

• Added Line 26 under Section 2 for Transition Period Funding (Page 7 of 81)

• Corrected Key Personnel under ATF Clause 31 to state: Project Manager, Deputy Project Manager and Task Manager(s) (Page 20 of 81)

• Section L: Format 2(c) Change Hard copies from 5 to 9 (Page 57 of 81)

• Section L: Evaluation Protocol and Instructions (2) Corrected Key Personnel to state Project Manager, Deputy Project Manager and Task Manager(s) (Page 60 of 81)

• Section L: Under Price changed: Pricing format submitted must shows cost easily broken out per labor category. (Removed per employee) (Page 61 of 81)

• Section L: Under Price changed: Firm Fixed Pricing MUST be broken out separately, see Attachment H (Removed F) Estimated Personnel per Tasks within PWS. Totals per Tasks and years MUST be written in Section 2 (Removed B) in the solicitation.

(Page 61 of 81)

• Incorporated Far Clause 52.222-17 Non-displacement of Qualified Workers (Page 63 of 81)

• Section M: Under (2) Key Personnel: to state Project Manager, Deputy Project Manager and Task Manager(s) (Page 69 of 81)

• Section M: Under Price changed: Firm Fixed Pricing MUST be broken out in the following categories, see Attachment “H” (Removed “F”) for estimated personnel. (Page 71 of 81)

All other terms and conditions will remain the same.

Amendment #2 is hereby issued to the combined synopsis/solicitation DJA-15-AHDQ-R-0044. The following change supple-ments Section M Number 7 of the Request for Proposal;

(7) Proof that company is certified as an 8(a) company under the Small Business Administration (SBA) guidelines under NAICS 518210, the date the proposals are due; or

In the case of an 8(a) joint venture;

1. Provide proof that one of the participants in the joint venture agreement is certified as an 8(a) company under the Small Business Administration (SBA) guidelines under NAICS 518210, the date the proposals are due; and

2. Provide the name(s) and DUNS for all participants in the joint venture agree-ment, and a statement verifying:

a. That each concern is small under the size standard corresponding to the NAICS code assigned to the contract, and

b. The size of at least one 8(a) Participant to the joint venture is less than one half the size standard corresponding to the NAICS code assigned to the contract.

Based upon the foregoing, an 8(a) joint venture is an eligible offeror, however SBA must approve a joint venture agreement prior to the award of an 8(a) contract on behalf of the joint venture. (Page 68 of 82)

Also see correction on Question and Answer 105. Government misunderstood question. "If"

DJA-15-AHDQ-R-0044/0005 Page 10 of 89 incumbent has a transition out plan it would not be available until after award of new require-ment. Current contract does not require a transition out plan.

All other terms and conditions will remain the same.

Amendment #3 is hereby issued to the combined synopsis/solicitation DJA- 15-AHDQ-R-0044. The following change supplements Section M Number 7 of the Request for Proposal; Added 2 c. Langauge

(7) Proof that company is certified as an 8(a) company under the Small Business Administra-tion (SBA) guidelines under NAICS 518210, the date the proposals are due; OR

In the case of an 8(a) joint venture:

1. Provide proof that one of the participants in the joint venture is certified as an 8(a) company under the Small Business Administration (SBA) guidelines under NAICS 518210 on the date the proposals are due; and

a. provide the name(s) and DUNS for all participants in the joint venture, and a statement verifying that each concern is small under the size standard corresponding to the NAICS code assigned to the contract, and the size of at least one 8(a) Parti-cipant to the joint venture is less than one half the size standard corresponding to the NAICS code assigned to the contract;

OR

In the case of an 8(a) joint venture involving a mentor and protégé:

1. Provide proof that the mentor-protégé agreement has been approved by the SBA prior to the submission of an offer by the joint venture in compliance with 13 CFR 124.520.

Approval of a joint venture agreement:

The SBA must approve a joint venture agreement prior to the award of an 8(a) con-tract on behalf of the joint venture.

Based upon the foregoing, an 8(a) joint venture is an eligible offeror (Page 68 of 82)

Amendment #4 is hereby issued to the combined synopsis / solicitation DJA- 15-AHDQ-R-0044. The date for the submission of Proposal remains unchanged which is 08/14/2015 15:00. See Section B for Detail Information.

• ATTACHMENT B - WAGE DETERMINATION 2005-3017 Revision 16 as of July 8 2015 is added with this amendment. Pricing must be based on most recent wage de-termination.

• Section L (c) Requirements Section VI Price Section B of Solicitation and Detail Break-down will now state Section 2 of Solicitation and Detail Breakdown (Page 60 of 83)

Section 2 of the solicitation does not follow the (a) Submission requirements noted above (i.e., Times New Roman). Is the Offeror to change the font size and font style of Section 2?

- Requirement is removed for Times New Roman for Pricing: Totals only in Section 2 starting on Page 4 of 83

Based upon the above request for “Pricing MUST be broken out separately, … per Tasks within PWS” and “format submitted must show cost easily broken out per labor cat-

DJA-15-AHDQ-R-0044/0005 Page 11 of 89 egory” as well as show G&A, ODC, Health Costs, and Profit, the Offeror requests the re-strictions in Section L, 2. Format, (a) Submissions, noted above, be removed for this SEC- TION ONLY. By removing the above requirement of page size and orientation restric-tions, the Offeror can provide the government the level of detail required in order to de-termine price reasonableness in a legible and complete format. The current restrictions of providing all pages in portrait orientation on 8-1/2 x 11 pages requires content to be di-vided among numerous pages (in excess of 120 pages), which could potentially give the government a difficult time in assessing responses. Please note Attachment H is provided in landscape format in Excel and is not in Times New Roman. Will the government allow some latitude in the formatting of the cost detail (i.e., landscape, font size)?

- Requirement is removed for Times New Roman 8-1/2 x 11 for Pricing

Amendment #5 is hereby issued to incorporate the following changes for the combined synopsis/solicitation DJA-15-AHDQ-R-0044. Following changes been incorporated to this synopsis/solicitation:

- ATF Clause #42 PARTNERING (October 2015). See Page 67 of 89

- ADD ATTACHMENT H (Addendum 1) – Night Shift Breakout

- CLIN 1, 6, 11, 16 and 21 for Task One Use TAB One (1) on Attachment H Estimated Personnel for Guidance for Base Year Pricing ADD LANGUAGE: and ATTACHMENT H (Addendum 1) Night Shift Breakout, except for IT Services. See Page 4 thru 8 of 89

- CLIN 1, 6, 11, 16 and 21 Task One: IT Services (ONLY) is OPTIONAL for a future en-deavor Subject to the Availability of funds; if IT Services are ever funded, funding will be under CLIN 5, 10, 15, 20 and 25 depending on the current year of the contract. See Page 4 thru 8 of 89 (This statement does NOT include IT manager that is currently listed on At-tachment H Tab One)

- CLIN 1, 6, 11, 16 and 21 Task One for IT Services provide PRICE RATES ONLY for all five (5) years for the following six (6) positions: Senior Web Designer PWS 3.2.11 (a), Web Designer (2 each) PWS

3.2.11 (b), GIS Engineer PWS 3.2.11 (c), Technical Documentation Specialist PWS 3.2.11 (d) Task Man-ager 3.2.11(e). (Government does NOT want overall pricing for this section). See Page 4 thru 8 of 89

- CLIN 3, 8, 13, 18 and 23 for Task Order Three (3) PWS 3.4 Firearms and Ammunition Technology Di-vision (FATD) ADD LANGUAGE: Task Three is OPTIONAL for a future endeavor Subject to the Avail-ability of funds (Pricing still needs to be provided and should be used based on Attachment H TAB Three

(3) and included in the overall pricing). See Page 4 thru 8 of 89

- CLIN 5, 10, 15, 20 and 25 for IT Support Services / Access 2000 (A2K) REMOVE LAN- GUAGE: Access 2000 (A2K) and ADD LANGUAGE: PWS 3.2.6 thru 3.2.11. These CLINS will only be used as a funding mechanism, if IT Services under Task One are ever implemented and funded. See Page 4 thru 8 of 89

- All Task Orders Function Independently and personnel will NOT be pulled throughout the life of the contract from one Task Order to support another Task Order in order to meet Perform-ance Standards.

- Invoicing purposes each Task Order will be billed separately on a monthly basis in accord-ance to the Prompt Payment Act

- Program Manager and Deputy Program Manager will NOT be separately priced

DJA-15-AHDQ-R-0044/0005 Page 12 of 89

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

(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-0044/0005 Page 13 of 89

(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-0044/0005 Page 14 of 89 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-0044/0005 Page 15 of 89

(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…