Updated_Solicitation_DJA-16-AHDQ-R-0099.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

DJA-16-AHDQ-R-0099

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Brian.Wilkins@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489120 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

09/23/2016 14:00:00

CODE AACQ

ATF - ACQUISITIONS BRANCH

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

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 541712

SIZE STANDARD: 500

Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

A501081CODE15. DELIVER TO

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

Branch Chief

CODE AACQ16. ADMINISTERED BY

ATF - ACQUISITIONS BRANCH

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

(O) 2026489120

(F) 2026489654 Brian.Wilkins@ATF.gov

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

(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

Support Services

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. FAR 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)

Brian K. Wilkins

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

DJA-16-AHDQ-R-0099 Page 1 of 43

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-16-AHDQ-R-0099 Page 2 of 43

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section B Supplies or Services and Prices 3 Contract Clauses

Section C Description and Specifications Section F Inspection and Acceptance Section F Deliveries or Performance

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-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-34 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012) ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

ATF-41 Department Policy on Domestic Violence, Sexual Assault, and Stalking

ATF-31 KEY PERSONNEL

ATF-03 SECTION 508 TECHNICAL REQUIREMENTS

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (June 2016) 52.212-3 Offeror Representations and Certifications--Commercial Items (Jul 2016) 52.216-19 Order Limitations (Oct 1995) 52.216-18 Ordering (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995)

4 List of Attachments 5 Solicitation Provisions

ATF-44 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) 52.216-1 Type of Contract (Apr 1984) Section L Instructions, Conditions and Notices to Offerors or Respondents Section M Evaluation Factors for Award

DJA-16-AHDQ-R-0099 Page 3 of 43

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year:

Institute of Makers of Explosives Safety Analysis for Risk (IMESAFR) and Death and Injuries Resulting from Explosions (DIRE) Software and Testing Support

Technical Subject Matter Expert Level I Technical Subject Matter Expert Level II Technical Subject Matter Expert Level III

Line Period of Performance: 09/28/2016 - 09/27/2017

1.000000 LT $____________ $___________________

0002 Option Year (1):

Institute of Makers of Explosives Safety Analysis for Risk (IMESAFR) and Death and Injuries Resulting from Explosions (DIRE) Software and Testing Support

Technical Subject Matter Expert Level I Technical Subject Matter Expert Level II Technical Subject Matter Expert Level III

Line Period of Performance: 09/28/2017 - 09/27/2018

1.000000 LT $____________ $___________________

0003 Option Year (2):

Institute of Makers of Explosives Safety Analysis for Risk (IMESAFR) and Death and Injuries Resulting from Explosions (DIRE) Software and Testing Support

Technical Subject Matter Expert Level I Technical Subject Matter Expert Level II Technical Subject Matter Expert Level III

Line Period of Performance: 09/28/2018 - 09/27/2019

1.000000 LT $____________ $___________________

0004 Option Year (3):

Institute of Makers of Explosives Safety Analysis for Risk (IMESAFR) and Death and Injuries Resulting from Explosions (DIRE) Software and Testing Support

Technical Subject Matter Expert Level I Technical Subject Matter Expert Level II Technical Subject Matter Expert Level III

Line Period of Performance: 09/28/2019 - 09/27/2020

1.000000 LT $____________ $___________________

0005 Option Year (4):

Institute of Makers of Explosives Safety Analysis for Risk (IMESAFR) and Death and Injuries Resulting from Explosions (DIRE) Software and Testing Support

Technical Subject Matter Expert Level I Technical Subject Matter Expert Level II Technical Subject Matter Expert Level III

Line Period of Performance: 09/28/2020 - 09/27/2021

1.000000 LT $____________ $___________________

0006 Travel and Other Direct Costs (ODC's)

Line Period of Performance: 09/28/2016 - 09/27/2021

1.000000 LT $____________ $___________________

Section B Supplies or Services and Prices

SECTION B

B.1 SUPPLIES / SERVICES BEING PROCURED

Provide the Bureau of Alcohol, Tobacco, Firearms and Explosives Support Services as specified in the Statement of Work.

DJA-16-AHDQ-R-0099 Page 4 of 43

B.2 PERIOD OF PERFORMANCE

Base Year: 09/28/2016 - 09/27/2017 Option Year (1): 09/28/2017 - 09/27/2018 Option Year (2): 09/28/2018 - 09/27/2019 Option Year (3): 09/28/2019 - 09/27/2020 Option Year (4): 09/28/2020 - 09/27/2021

B.3 PRICING

Contractor shall provide a cost based on an hourly rate for each labor category for the Base and Option Years and also provide a cost for the 1st initial Task Order for the Base Year see below IMESAFR Support Services Cost Spreadsheet and Attachment (1) for the Task Order for IMESAFR.

IMESAFR Support Services Cost Spreadsheet

Offeror:

Base Year

Labor Category Quantity Rate Per Hour ($)

Technical Subject Matter Expert Level I 1

Technical Subject Matter Expert Level II 1

Technical Subject Matter Expert Level

III

Option Year 1

Labor Category Quantity Rate Per Hour ($)

Technical Subject Matter Expert Level I 1

Technical Subject Matter Expert Level II 1

Technical Subject Matter Expert Level

III

Option Year 2

Labor Category Quantity Rate Per Hour ($)

Technical Subject Matter Expert Level I 1

Technical Subject Matter Expert Level II 1

Technical Subject Matter Expert Level

III

Option Year 3

Labor Category Quantity Rate Per Hour ($)

Technical Subject Matter Expert Level I 1

Technical Subject Matter Expert Level II 1

Technical Subject Matter Expert Level

III

Option Year

Labor Category Quantity Rate Per Hour ($)

Technical Subject Matter Expert Level I 1

Technical Subject Matter Expert Level II 1

Technical Subject Matter Expert Level 1

DJA-16-AHDQ-R-0099 Page 5 of 43

III

Contractor shall provide “Fully Loaded Labor Rates” for each Labor Category for the Base and Option Years.

DJA-16-AHDQ-R-0099 Page 6 of 43

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015)

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

Clause Title

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.204-7 System for Award Management (Jul 2013)

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

Clauses By Full Text

Section C Description and Specifications

See attached Statement of Work

Section F Inspection and Acceptance

INSPECTION AND ACCEPTANCE

a) Government inspection of final report can be performed at by ATF's POC at anytime.

b) Inspection, acceptance and rejection decisions will be based upon final report being compliant with the SOW

c) Written notification of negative results will be furnished by the CO within 30 days after COR review of the final report.

Section F Deliveries or Performance

F.1 TERM OF CONTRACT

The contract shall be for a Base Year and four (4) Option Years.

DJA-16-AHDQ-R-0099 Page 7 of 43

ATF-02 REPRESENTATION OF COMPLIANCE WITH THE ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY STANDARDS (SECTION 508)

REPRESENTATION OF COMPLIANCE WITH THE ELECTRONIC AND INFORMATION TECHNOLOGY ACCESIB- ILITY STANDARDS (SECTION 508). (Revised September 24, 2008)

(a) Submission of the representation referenced in paragraphs (b) and (c) is a prerequisite imposed by 36 CFR 1194 for making or en-tering into this contract.

(b) The offeror represents that the products and services offered in response to this solicitation fully comply with the following Elec-tronic and Information Technology Accessibility Standards at 36 CFR 1194:

1194.21 Software applications and operating systems.

__(a) __(b) __(c) __(d) __(e) __(f) __(g) __(h) __(i) __(j) __(k) __(l)

1194.22 Web-based intranet and internet information and applications.

__(a) __(b) __(c) __(d) __(e) __(f) __(g) __(h) __(i) __(j) __(k) __(l) __(m) __(n) __(o) __(p)

1194.23 Telecommunications products.

__(a) __(b) __(c) __(d) __(e) __(f) __(g) __(h) __(i) __(j) __(k1) __(k2) __(k3) __(k4)

1194.24 Video and Multimedia products.

__(a) __(b) __(c) __(d) __(e)

1194.25 Self-contained closed products.

__(a) __(b) __(c) __(d) __(e) __(f) __(g) __(h) __(i) __(j1) __(j2) __(j3) __(j4)

1194.26 Desktop and portable computers.

__(a) __(b) __(c) __(d)

1194.31 Functional performance criteria. (Functional performance criteria only apply if the elements of 1194.21-26 do not apply to the requirement.)

__(a) __(b) __(c) __(d) __(e) __(f)

1194.41 Information, Documentation, and support.

__(a) __(b) __(c)

The offeror further represents that any EIT products offered that are less than fully compliant are the most compliant products cur-rently available to satisfy this solicitation's requirements.

(End of Clause)

ATF-01 ACCESIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION 508)

ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION 508). (Revised September 24, 2008)

(a)Each Electronic and Information Technology (EIT) product furnished under this contract shall meet or exceed the Electronic and Information Technology Accessibility Standards (36 CFR 1194).If the Contracting Officer determines any furnished product is not in compliance with the Standards, the Contracting Officer will promptly inform the Contractor in writing.The Contractor shall, without charge to the Government, replace the non-compliant products within the period of time specified by the Government in writing.If such replacement is not completed within the time specified, the Government shall have the following recourses:

(1) cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

(2) in the case of custom Electronic and Information Technology (EIT) being developed for the Government, the Government shall have the right to make any necessary changes or repairs itself or have another firm make the changes or repairs.The contractor shall reimburse the Government for any expenses incurred thereby.

DJA-16-AHDQ-R-0099 Page 8 of 43

(b)For every EIT product supplied under this contract that does not comply with 36 CFR 1194, the contractor shall make every effort to replace or upgrade with a compliant, equivalent product, if commercially available and cost neutral.The replacement will occur on either the planned refresh cycle of the product, or on the contract renewal date, whichever occurs first.

(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 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)

DJA-16-AHDQ-R-0099 Page 9 of 43

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)

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

OBSOLETE – DO NOT USE - SUPERCEDED BY ATF 46, ATF 47, AND ATF 48

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

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

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

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

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

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

(2) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial

DJA-16-AHDQ-R-0099 Page 10 of 43 and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agree-ment with the authority responsible for collecting the tax liability.

(End of Clause)

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

STATEMENT OF WORK / SPECIFICATIONS (Continued) (March 23,2009)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work (SOW) / Specifications and all Section J attachments (as applicable).

(End of Clause)

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

BACKGROUND INVESTIGATION REQUIREMENTS (Revised December 13, 2012)

May 2010

Personnel Security Requirements

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

The background investigation will be conducted by or under the auspices of the Personnel Security Branch, Office of Professional Re-sponsibility and Security Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is the responsibility of the Con-tractor to provide the necessary personnel suitability and security package in a timely manner, through the assigned Contracting Of-ficer’s Representative (COR), to ATF’s Personnel Security Branch (PSB) so that a background investigation can be conducted.

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

1. Criminal conduct

2. Financial responsibility

3. Drug use

4. Employment history

5. Employment eligibility

6. Selective Service registration, if applicable

7. U.S. Residency

8. Country of citizenship

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

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

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

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

At the conclusion of the background investigation, the Personnel Security Branch will make a favorable or unfavorable determination

DJA-16-AHDQ-R-0099 Page 11 of 43 and advise the COTR and the Contracting Officer (CO). The CO or the COR is responsible for advising the Contractor of ATF’s de-termination.

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

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

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

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

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

and/or

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

(2) Allied Nations List. Contractor employees that only require access to ATF facilities must be United States citizens or foreign nationals legally permitted to reside in the United States. Their country of citizenship must be listed on the Allied Nations list pub-lished by the Department of State, Office of the Assistant Legal Advisor for Treaty Affairs. Since countries on this list are subject to change, refer to the following website for current information: http://www.state.gov/s/l/treaty/collectivedefense/.

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

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

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

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

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

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

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

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

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

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

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

Freedom of Information Act Requests

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

DJA-16-AHDQ-R-0099 Page 12 of 43 the Contractor employee to assume all monetary liabilities associated with such request.

Police Check Inquiries

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

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

Access to Classified National Security Information

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

(End of Clause)

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS. (July 19, 2007) In accordance with the clause entitled "Insurance - Work on a Government Installation" in Section I, insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract;(a) Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(a).(b) General liability.

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

(End of Clause)

ATF-41 Department Policy on Domestic Violence, Sexual Assault, and Stalking

(a) DEPARTMENT POLICY ON DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING (January 8, 2015)

It is the Department’s policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalk-ing. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at:

ht-tp://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-sexualassault-stalki ng.pdf

Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises.

(b) POINT OF CONTACT FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING (January 8, 2015)

Upon contract award, the Department will notify contractor of the name and contract information for the Point of Contact for Victims of domestic violence, sexual assault, and stalking for the component or components where Contractor will be performing. The name and contact information for the ATF Contractor Victim Point of Contact (CV POC) is Mr. Kenneth Houser, Chief, Acquisitions Policy and Agreements Branch, (202) 648-7693. Contractor agrees to inform its employees and employees of subcontractors who will be as-signed to work on Department premises of the name and contact information for the Victim Point of Contact.

ATF-31 KEY PERSONNEL

KEY PERSONNEL (April 16, 2010)

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a) The positions specified below are considered to be essential to the work being performed hereunder.

[Technical SME Level I, Technical SME Level II and Technical SME Leve III

b) Prior to diverting any of the specified individuals assigned to key personnel positions to other programs, the Contractor shall notify the Contracting Officer within thirty (30) days and shall submit justification (including a proposed substitution) in sufficient detail to permit evaluation of the impact on the program.

c) No diversions shall be made by the Contractor without the written consent of the Contracting Officer. The removal and/or replacement of personnel shall not be effective until the Contracting Officer approves the change in writing.

d) The Government will provide an evaluation of key personnel as part of the past performance evaluation during interim and/or final evaluations of contract performance. The government reserves the right to request that key personnel be removed and/or replaced due to non performance and/or other concerns.

e) This contract may be modified from time to time during the course of the entire performance period to either add or delete personnel as appropriate.

(End of Clause)

ATF-03 SECTION 508 TECHNICAL REQUIREMENTS

SECTION 508 TECHNICAL REQUIREMENTS. (Revised September 24, 2008)

Rehabilitation Act of 1973, Section 508 IT Accessibility Requirements

A. General

1. Purpose (Reference 36 CFR 1194.1)

(a)The below technical standards are those issued by the Architectural and Transportation Barriers Compliance Board (Access Board), pursuant to Section 508 (a) (2) (A) of the Rehabilitation Act Amendments of 1998 (29 U.S.C. 794 (d)) as enacted in the Workforce In-vestment Act of 1998.(The Access Board is an independent Federal agency established by Section 502 of the Rehabilitation Act (29 U.S.C. 792) whose primary mission is to promote accessibility for individuals with disabilities.)

(b)Section 508 requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal em-ployees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

2. Application (Reference 36 CFR 1194.2)

(a)This section does not apply to Electronic and Information Technology (EIT, see definitions at A. 4. below) that is acquired by the contractor incidental to the contract, or is neither used nor accessed by Federal employees or members of the public, and contractor employees in their professional capacity are not considered members of the public.

(b)For any EIT product proposed in response to this solicitation as a deliverable that is a commercial item (as defined by the Federal Acquisition Regulation, Subpart 2.101) or any EIT product to be developed in response to this solicitation, that will be available to meet this contract's delivery requirements, the contractor must represent within his proposal that the product(s) complies with all of the below standards.The contractor must fully complete the spreadsheet, Electronic & Information Technology Accessibility Stand-ards Evaluation, located as an attachment in Section J of this solicitation, and submit it with his/her proposal.

(c)If such product does not comply with all of the below standards, the contractor must specify each specific standard that is not met.

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3. Electronic and Information Technology (EIT) Product General Exceptions (Reference 36 CFR 1194.3)

(a)This section does not apply to any EIT operated by agencies, the function, operation, or use of which involves:

(1)Intelligence activities (2)Cryptographic activities related to national security (3)Command and control of military forces (4)Equipment as an integral part of a weapon or weapon system (5)Systems critical to the direct fulfillment of military or intelligence missions

(b)Products acquired by a contractor incidental to a contract, or are neither used nor accessed by Federal employees or members of the public, and contractor employees and all personnel related to the contract are not considered members of the public;

(c)Products or components of products that would require a fundamental alteration in their nature.

(d)Products located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring.

4. Definitions (Reference 36 CFR 1194.4)

The following definitions apply to this section:

Agency. Any Federal department or agency, including the United States Postal Service.

Alternate formats. Alternate formats usable by people with disabilities may include, but are not limited to, Braille, ASCII text, large print, recorded audio, and electronic formats that comply with this part.

Alternate methods. Different means of providing information, including product documentation, to people with disabilities.Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description.

Assistive technology. Any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is com-monly used to increase, maintain, or improve functional capabilities of individuals with disabilities.

Electronic and information technology. Includes information technology and any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, or duplication of data or information.The term electronic and information tech-nology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines.The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information.For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.

Information technology. Any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisi-tion, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or in-formation.The term information technology includes computers, ancillary equipment, software, firmware and similar procedures, ser-vices (including support services), and related resources.

Operable controls. A component of a product that requires physical contact for normal operation.Operable controls include, but are not limited to, mechanically operated controls, input and output trays, card slots, keyboards, or keypads.

Product. Electronic and information technology.

Self Contained, Closed Products. Products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology.These products include, but are not limited to, information kiosks and in-formation transaction machines, copiers, printers, calculators, fax machines, and other similar types of products.

Telecommunications. The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

TTY. An abbreviation for teletypewriter.Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the telephone network.TTYs may include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems.TTYs are also called text telephones.

Undue burden. Undue burden means significant difficulty or expense. In determining whether an action would result in an undue bur-

DJA-16-AHDQ-R-0099 Page 15 of 43 den, an agency shall consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.

5. Equivalent Facilitation (Reference 36 CFR 1194.5)

Nothing in this part is intended to prevent the use of designs or technologies as alternatives to those prescribed in this part provided they result in substantially equivalent or greater access to and use of a product for people with disabilities.

B. Technical Standards

1194.21 Software applications and operating systems.

(a)When software is designed to run on a system that has a keyboard, product functions shall be executable from a keyboard where the function itself or the result of performing a function can be discerned textually.

(b)Applications shall not disrupt or disable activated features of other products that are identified as accessibility features, where those features are developed and documented according to industry standards. Applications also shall not disrupt or disable activated fea-tures of any operating system that are identified as accessibility features where the application programming interface for those access-ibility features has been documented by the manufacturer of the operating system and is available to the product developer.

(c)A well-defined on-screen indication of the current focus shall be provided that moves among interactive interface elements as the input focus changes. The focus shall be programmatically exposed so that assistive technology can track focus and focus changes.

(d)Sufficient information about a user interface element including the identity, operation and state of the element shall be available to assistive technology. When an image represents a program element, the information conveyed by the image must also be available in text.

(e)When bitmap images are used to identify controls, status indicators, or other programmatic elements, the meaning assigned to those images shall be consistent throughout an application's performance.

(f)Textual information shall be provided through operating system functions for displaying text. The minimum information that shall be made available is text content, text input caret location, and text attributes.

(g)Applications shall not override user selected contrast and color selections and other individual display attributes.

(h)When animation is displayed, the information shall be displayable in at least one non-animated presentation mode at the option of the user.

(i)Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distin-guishing a visual element.

(j)When a product permits a user to adjust color and contrast settings, a variety of color selections capable of producing a range of contrast levels shall be provided.

(k)Software shall not use flashing or blinking text, objects, or other elements having a flash or blink frequency greater than 2 Hz and lower than 55 Hz.

(l)When electronic forms are used, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.

1194.22 Web-based intranet and internet information and applications.

(a)A text equivalent for every non-text element shall be provided (e.g., via "alt", "longdesc", or in element content).

(b)Equivalent alternatives for any multimedia presentation shall be synchronized with the presentation.

(c)Web pages shall be designed so that all information conveyed with color is also available without color, for example from context or markup.

(d)Documents shall be organized so they are readable without requiring an associated style sheet.

(e)Redundant text links shall be provided for each active region of a server-side image map.

(f)Client-side image maps shall be provided instead of server-side image maps except where the regions cannot be defined with an available geometric shape.

DJA-16-AHDQ-R-0099 Page 16 of 43

(g)Row and column headers shall be identified for data tables.

(h)Frames shall be titled with text that facilitates frame identification and navigation.

(i)Pages shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz.

(j)A text-only page, with equivalent information or functionality, shall be provided to make a web site comply with the provisions of this part, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page changes.

(k)When pages utilize scripting languages to display content, or to create interface elements, the information provided by the script shall be identified with functional text that can be read by assistive technology.

(l)When a web page requires that an applet, plug-in or other application be present on the client system to interpret page content, the page must provide a link to a plug-in or applet that complies with1194.21(a) through (l).

(m)When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.

(n)A method shall be provided that permits users to skip repetitive navigation links.

(o)When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.

Note to 1. The Board interprets paragraphs (a) through (k) of this section as consistent with the following priority 1 Checkpoints of the Web Content Accessibility Guidelines 1.0 (WCAG 1.0) (May 5, 1999) published by the Web Accessibility Initiative of the World Wide Web Consortium:

Section 1194.22 Paragraph (a) WCAG 1.0 Checkpoint 1.1 Section 1194.22 Paragraph (b) WCAG 1.0 Checkpoint 1.4 Section 1194.22 Paragraph (c) WCAG 1.0 Checkpoint 2.1 Section 1194.22 Paragraph (d) WCAG…