DJA-18-AHDQ-R-0009_Tracking_Devices_(BPA)_(Posted_Jan_9th_2018).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

DJA-18-AHDQ-R-0009

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

01/09/2018

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Jim Huff James.Huff@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489117 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

02/01/2018 01:00:00

CODE 15A000

ATF - ACQUISITIONS BRANCH

Jim Huff 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: 334290

SIZE STANDARD: 750

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

15A000CODE15. DELIVER TO

ATF - Logistics & Acquisition Division 99 New York Ave NE

WASHINGTON, DC 20226

DIVISION CHIEF

CODE 15A00016. ADMINISTERED BY

ATF - Logistics & Acquisition Division 99 New York Ave NE

WASHINGTON, DC 20226

DIVISION CHIEF

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

A404040CODE18a. PAYMENT WILL BE MADE BY

ATF - Finance Branch 99 New York Avenue NE, #4.S-288 Washington, DC 20226

Finance Branch

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

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Delivery Date: 02/28/2023

This is a Total Small Business Set Aside for Tracking Devices

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)

James M. Huff

31c. DATE SIGNED

01/09/2018

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

DJA-18-AHDQ-R-0009 Page 1 of 67

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-18-AHDQ-R-0009 Page 2 of 67

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section B Section B 3 Contract Clauses

Section C Statement of Work Section E Section E 52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996) Section G Section G

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-41 Department Policy on Domestic Violence, Sexual Assault, and Stalking ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued) ATF-46 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015)

ATF-49 ATF-49 SECURITY OF INFORMATION AND INFORMATION SYSTEMS, INCLUDING

PERSONALLY-IDENTIFIABLE DATA (PII) (Revised April 8, 2016) ATF-47 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award (DEVIATION 2015-02) (March 2015)

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-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

Section H Section H Blanket Purchase Agreement 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2017) 52.217-8 Option to Extend Services (Nov 1999) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements - Commercial Item Acquisition (Feb 2007) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.209-4 First Article Approval - Government Testing (Sept 1989)

4 List of Attachments Section J Section J Attachments

5 Solicitation Provisions 52.212-3 Offeror Representations and Certifications--Commercial Items (Dec 2016) ATF-43 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Solicitation (DEVIATION 2015-02) (March 2015) ATF-44 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) 52.204-8 Annual Representations and Certifications (Jan 2017) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) 52.204-7 System for Award Management (Oct 2016) 52.233-2 Service of Protest (Sept 2006) Section L Section L Section M Section M

DJA-18-AHDQ-R-0009 Page 3 of 67

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year:

Tracking Devices as per attachment B

Line Period of Performance: 03/01/2018 - 02/28/2019

1.000000 EA $____________ $___________________

0002 Option Year One:

Tracking Devices as per attachment B

Line Period of Performance: 03/01/2019 - 02/29/2020

1.000000 EA $____________ $___________________

0003 Option Year Two:

Tracking Devices as per attachment B

Line Period of Performance: 03/01/2020 - 02/28/2021

1.000000 EA $____________ $___________________

0004 Option Year Three:

Tracking Devices as per attachment B

Line Period of Performance: 03/01/2021 - 02/28/2022

1.000000 EA $____________ $___________________

0005 Option Year Four:

Tracking Devices as per attachment B

Line Period of Performance: 03/01/2022 - 02/28/2023

1.000000 EA $____________ $___________________

Section B Section B

SECTION B – CONTINUATION BLOCK

B.1 SUPPLIES BEING PROCURED

Provide the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Technical Operations Branch of the Special Operations Di-vision Global Positioning System for Tracking Devices as specified in the Statement of Work.

B.2 CONTRACT TYPE

This will be a multiple award Blanket Purchase Agreement (BPA) with a sixty (60) month Period. BPA guidance will be in accord-ance to FAR 13.30. The Government is obligated only to the extent of authorized purchases actually made under the BPA. The limita-tion for individual purchases for commercial item acquisitions conducted under Subpart 13.5 is $6.5 Million.

B.3 SCHEDULE

Period of Performance: 03/01/2018 thru 02/28/2023

B.4 SHIPMENT

Shipment: F.O.B. Destination (Free on Board Destination) will only be accepted when Tracking Devices are shipped.

DJA-18-AHDQ-R-0009 Page 4 of 67

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Jan 2017)

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 Fill-ins (if applicable)

52.242-15 Stop-Work Order (Aug 1989)

52.242-17 Government Delay of Work (Apr 1984)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

(Oct 2010)

52.203-7 Anti-Kickback Procedures (May 2014)

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

- Alternate I (Oct 1995)

52.203-3 Gratuities (Apr 1984)

52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)

52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct

2015)

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

52.204-7 System for Award Management (Oct 2016)

52.222-50 Combating Trafficking in Persons (Mar 2015)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.228-7 Insurance - Liability to Third Persons (Mar 1996)

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

52.232-1 Payments (Apr 1984)

DJA-18-AHDQ-R-0009 Page 5 of 67

Clause Title Fill-ins (if applicable)

52.242-13 Bankruptcy (July 1995)

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

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

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

52.244-6 Subcontracts for Commercial Items (Jan 2017)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr

1984)

52.202-1 Definitions (Nov 2013)

52.246-25 Limitation of Liability - Services (Feb 1997)

Clauses By Full Text

Section C Statement of Work

Department of Justice Bureau of Alcohol, Tobacco, Firearms, & Explosives

Special Operations Division Technical Operations Branch

Tracking Devices Statement of Work

1.0 PURPOSE

1.1 The purpose of this Blanket Purchase Agreement (BPA) is to expand the types of devices available for our national Tracking Pro-gram for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). These devices will be utilized by various units within ATF for technical surveillance as well as agent safety.

2.0 BACKGROUND

2.1 The Bureau of Alcohol, Tobacco, Firearms, and Explosives (hereinafter referred to as the "Bureau" or "ATF") is a law enforce-ment agency within the United States Department of Justice (USDOJ) whose headquarters is located at 99 New York Avenue NE, Washington, D.C. 20226. The mission of ATF is to protect communities from violent criminals, criminal organizations, the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings, acts of terrorism, and the illegal di-version of alcohol and tobacco products.

2.2 Electronic surveillance and technical operations have become a critical part of ATF’s Criminal Enforcement mission. As law en-forcement operations become more dependent on technical tools in the digital age, the Technical Operations Branch (TOB) is a com-ponent that ensures that special agents receive specialized technical and logistical support in their criminal investigations. TOB ac-complishes the majority of this support through daily contact with the field division Technical Operations Officer (TOO) and Technic-al Surveillance Specialist (TSS).

2.3 TOB’s mission is to support ATF field offices by providing the latest technology in the areas of electronic surveillance. To meet this mission TOB ensures the highest quality, most technologically advanced electronic surveillance support is available.

2.4 The GPS tracking capability is a vital resource in conducting ATF’s core missions and provides valuable intelligence and evidence for investigations, as well as providing critical officer safety. It is paramount that ATF maintains and improves this capability, since it provides a way to surreptitiously track the movements of criminals, vehicles and goods utilized in criminal activity and provides cover teams with real time, accurate location information for informants and undercover agents. In the event of an emergency, a rescue of the undercover agent or informant can be performed without delay due to the capability to monitor the exact location of an ATF hu-man asset.

DJA-18-AHDQ-R-0009 Page 6 of 67

3.0 OBJECTIVE

3.1 The GPS trackers will provide a reliable, remote, state-of-the-art system that integrates various types of deployed trackers into ATF’s current centralized server architecture, thereby creating a more comprehensive tracking capability to support ATF Investigative and agent safety missions. The proposed trackers will utilize cellular and satellite location data and disseminate the data to ATF’s cur-rent interface, allowing the end users to track selected targets.

4.0 SCOPE OF WORK

4.1 The GPS Trackers will be required to either already be fully integrated into ATF’s interface system or the vendor must make the API information for their devices available at the award of the BPA. The vendor will be required to assistance as needed in the integration of their equipment (i.e. technical assistance/questions etc.)

and work hand in hand with the Knowmadics team to make sure the device is successfully integrated. The in-tegration must be completed as quickly as reasonably possible after notice has been given to contractor.”

Contractors shall contact Knowmadics to determine if their trackers are compatible and if not what will need to be done to become compatible. Knowmadics POC: Chuck Corcoran VP, Product Management Email:

Chuck.corcoran@knowmadics.com Phone: (703) 956-2853. If device(s) are not currently integrated with SilverEye, the contractor shall be responsible for any/all costs associated with the hardware being integrated by Knowmadics.

The contractor must self-certify that their trackers are integrated within ATF’s current interface (SilverEye by Knowmadics). If the vendor’s tracker are not integrated any specific BPA Call could be terminated. The devices to be fully integrated into the system must include, but not limited to the fol-lowing: viewing and configuring. These devices will be utilized by various units within ATF for covert technical surveillance as well as agent safety. For the purpose of this agreement each potential pro-spective bidder will provide ATF with a proposed list of trackers. The intent of this BPA is to provide ATF with a wide range of devices with varying capabilities and form factors to help match devices to missions, understanding that there is not a “one size fits all” in the tracking world. This BPA will be open to the following type tracking devices: data loggers, RF trackers, Cellular trackers and other Satellite based trackers (i.e. GlobalStar/Iridium).

In regards to Technical refresh, the Contractor should work with the Government over the life of the Blanket Purchase Agreement to develop and implement continuous innovations that provide increased user effectiveness and operational efficiencies. The Contractor should strive to provide innovative solutions that maximize the ef-fectiveness and safety of the ATF Agents and US Marshals.

The Government is interested in remaining current and knowledgeable in the latest industry trends that affect the Government operations. The Contractor can provide potential innovations and improvements for their tracker and assesses the potential impacts. The Contractor can provide the latest industry trends and emerging technology for their trackers.

The Contractor shall provide the following information when presenting a recommended technological action for their tracker:

Description of the Issue/Problem/Opportunity.

Functional and Technical Integration Issues.

Recommended Technical Approach, its advantages and disadvantages, and how it will provide the most Cost- Effective Solution.

Security Risks and Risk Mitigation Measures.

DJA-18-AHDQ-R-0009 Page 7 of 67

Testing/Benchmarking/Implementation Planning.

5.0 TECHNICAL REQUIREMENTS

5.1 Requirements for GPS Tracker

5.1.1 Device must currently be fully integrated within ATF’s current interface (SilverEye by Knowmadics) or if not currently integrated then the vendor must provide the Government with a timeline for integration. The Government will determine if that timeline is reasonable before issuing the BPA.

5.1.1.1 The device will be required to report directly to the ATF interface and no other third party servers.

5.1.1.2 Fully integration consists of a minimum:

5.1.1.2.1 Reporting directly to the ATF interface

5.1.1.2.2 Viewing the device on the interface

5.1.1.2.3 Configuring the device including but not limited to:

5.1.1.2.3.1 Ping Rate

5.1.1.3 Device must come with a minimum (1) year warranty

5.1.2 Communication Path

5.1.2.1 GPS

5.1.2.1.1 Minimum of (16) channel GPS chip with an accuracy of (3)+/- meters.

5.1.2.1.2 Omnidirectional Internal GPS

5.1.2.2 Cellular (If cellular device)

5.1.2.2.1 Cellular capable to support CDMA, 3G and/or 4G bands in the United State

5.1.2.2.2 Capable of working on either of three (3) carriers Verizon, T-Mobile & AT&T. No other carriers will be used by the Government.

5.1.2.2.3 Units/Devices may be carrier agnostic

5.1.2.2.4 ***NOTE: ATF will provide the airtime/carrier for the devices. The contractor/contractor WILL NOT be re-sponsible for providing the airtime only that their devices must work with the above carriers.

5.1.2.2.5 Capability to detect if a GPS jammer is being used.

5.1.2.2.6 Capability to change the sim cards manually on the device.

5.1.2.2.7 If 4G is provided the Government will consider that as an added benefit.

5.1.2.2.8 Device having a cellular roaming capability

5.1.3 Configuration

5.1.3.1 Must be capable of being configured and reconfigured through a web interface either plugged directly in or remotely.

5.1.4 Characteristics

5.1.4.1 Data collected from the tracker must include:

5.1.4.1.1 Time / Date Stamp in UTC

5.1.4.1.2 Device serial number or identifier

5.1.4.1.3 Coordinates of device (i.e. Latitude/Longitude)

5.1.4.2 The device may have input and output capabilities.

5.1.4.2.1 Input capability to monitor voltage changes on a circuit

5.1.4.2.2 Output/switching/internal relay capabilities to control circuits.

5.1.4.3 Board level tracker being available on request will be considered a benefit to the government.

5.1.4.4 All hardware will come with at a minimum a 1 year full warranty covering parts and labor

DJA-18-AHDQ-R-0009 Page 8 of 67

6.0 STANDARD ORDERING PROCEDURES FOR BPA CALLS

Upon award of the Blanket Purchase Agreement, the Government will have competition between all the BPA awardees in accordance to FAR Part

13. The competition will be for specific requirements that occur during the life of the agreement. The competition will be based on meeting or ex-ceeding the specifications of the requirement, the time the contractor can deliver the tracking devices, the past performance provided during the BPA submittal time, personal knowledge the Government has developed based on previous BPA call awards and price. The specifications are subject to change based on the ATF situation. If all other rating are equal, Price will become the determining factor for the awarded BPA Call.

The Government has the right to do a direct award to any Blanket Purchase Agreement holder for Tracking Devices in accordance to the Federal Ac-quisition Regulations (FAR). Examples would be if there is an urgent need or the Government has determined there is only one (1) specific tracking device that will satisfied the Government need.

6.1 Deliverable(s) – If awarded the BPA Call, the contractor must provide all required software and integration necessary to fully integrated proposed tracking devices into ATF centralized server-based tracking system known as Triple Point (Silvereye by Know-madics)

The Government will have the right to implement Far Clause 52.209-4 First Article Approval - Government Testing (Sept 1989), if their tracker is not compatible to SilverEye.

7.0 INSPECTION / ACCEPTANCE

7.1 Products/Services delivered under this BPA shall be inspected and accepted by the COR. The Government reserves the right to inspect products/services that have been tendered for acceptance in accordance with the appropriate inspection and acceptance clause.

7.2 After notification that the products/services did not meet the acceptance criteria, the contractor shall have (5) business days after receipt of Government comments to address the issue or replace the tracking device in question.

8.0 SECURITY PROCEDURES

8.1 This contracting effort is unclassified; however, all information related to tracking devices types, identification numbers, and capabilities of the tracking system shall be treated as law enforcement sensitive. The release of such information provides information on the investigative methods and techniques used by ATF Tracking Program and could jeopardize Agent/Officer safety. No informa-tion regarding this contract, device types, identification numbers, or tracking systems used by ATF Tracking Program may be released by the Contractor without the approval of the CO

Section E Section E

INSPECTION AND ACCEPTANCE

Tracking Devices delivered under this BPA shall be inspected and accepted by the COR. The Government reserves the right to inspect products that have been tendered for acceptance in accordance with the appropriate inspection and acceptance FAR clause 52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996).

After notification that the products did not meet the acceptance criteria, the contractor shall have (5) business days after re-ceipt of Government comments

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this con-tract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection sys-tem and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

DJA-18-AHDQ-R-0009 Page 9 of 67

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and con-venient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Govern-ment inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Gov-ernment shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes re-inspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance cor-rected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery sched-ule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time--

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract.

Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet con-tract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Con-tractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or non-conformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to re-quire correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a peri-od of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

DJA-18-AHDQ-R-0009 Page 10 of 67

(End of clause)

Section G Section G

G.1 CONTRACT ADMINISTRATION OFFICE

The resultant contract will be administered by:

Department of Justice

Bureau of Alcohol, Tobacco Firearms and Explosives

Logistic Acquisition Division

99 New York Avenue NE

Washington, D.C. 20226

POC Jim Huff Contracting Officer james.huff@atf.gov PH# 202/648-9117

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Shawn Rodgers

Technical Operation Branch

45250 Severn Way Suite 104

Sterling, VA 20166

202-648-2828

Scope of Specific COR Responsibilities.

This designation is limited to the responsibilities and authority contained below and does not confer authority to grant any deviation from contract provisions. The COR shall be careful to ensure that he or she does not alter the terms and conditions of the contract.

The specific responsibilities of the COR may include:

Pre Award:

1. Develop contract specifications or work statement to promote competitive procurement actions;

2. Assist in market research and technical evaluation of prospective contractor;

3. Coordinate actions relating to funding and scope of work;

Post Award:

4. Maintain the COR file.

5. Maintain a list of cleared contractor and subcontractor personnel (names and social security numbers.)

6. Document in writing technical instructions to the contractor;

7. Review and submit recommendations to the contracting officer on subcontracts.

8. Monitor the contractor's performance to assure that it is strictly within the scope of the contract.

DJA-18-AHDQ-R-0009 Page 11 of 67

9. Promptly review reports, approve and keep adequate inspection and testing reports.

10. Accept deliverables.

11. Refer matters that may affect the contract to the contracting officer;

12. When the contractor is known to be behind schedule, inform the contracting officer with the reasons; coordinate corrective action necessary to restore the contract schedule with the contracting officer.

13. Furnish the contracting officer a copy of Government/contractor reports and correspondence.

14. Request the contracting officer authorize Government-furnished property and furnish the CO with disposition of Govern-ment--furnished property or contractor-acquired property;

15. Monitor contractual spending.

16. Review contractor invoices to ensure that they reflect accurately the work completed and deliverables received in accordance with the requirements of the contract. Certify acceptance under the contract. Submit invoice to the Financial Management Division, and provide a copy of the accepted contractor invoice to the contracting officer;

17. Formally request the contacting officer issue government desired changes in the work or services, and delivery schedule in a writ-ten modification before the contractor proceeds with the changes;

18. Report suspected fraud, bribery, conflicts of interest, and other improper conduct to the contracting officer.

19. Forward to the contracting officer any contractor request for public release of information regarding work being performed under the contract.

20. Notify the contracting officer of any inventions developed by the contractor during the performance of the contract.

21. When required, furnish the contracting officer with a formal request for contract termination.

22. Upon expiration of the contract attest in writing that the contractor has completed performance under the contract, has delivered all requirements and all goods and services are accepted.

23. Certify that the contractor employees have followed the proper checkout procedures when contractor personnel no longer require access to ATF facilities. The COR must ensure that the contractor completes the separation checklist for their personnel, and submits it to the COR. The COR will certify it, maintain the original in the COR file and provide a copy to the contracting officer.

24. Submit annual and final performance evaluation reports of contractor performance as required in the NIH database. A notice of satisfactory or unsatisfactory completion should be included with the final performance evaluation report.

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

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

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

The Contractor agrees to immediately notify in writing the Contracting Officer named herein, in the event that the Contractor determ-

DJA-18-AHDQ-R-0009 Page 12 of 67 ines or has reason to suspect a breach of this requirement. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

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

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

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

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

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

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

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

(End of Clause)

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-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

DJA-18-AHDQ-R-0009 Page 13 of 67 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-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-46 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015)

Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memor-andum of understanding, or cooperative agreement with a corporation –

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a de-termination that this further action is not necessary to protect the interests of the Government, or

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority re-sponsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment 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 is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

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

(End of Clause)

ATF-49 ATF-49 SECURITY OF INFORMATION AND INFORMATION SYSTEMS, INCLUDING

PERSONALLY-IDENTIFIABLE DATA (PII) (Revised April 8, 2016)

I. Applicability to Contractors and Subcontractors This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), in- cluding FAR 11.002(g) and

DJA-18-AHDQ-R-0009 Page 14 of 67

52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Doc- uments, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medi- um, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), re- gardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and in- formation, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limit- ation, Information

(1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, main- taining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or trans- mitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.

III. Confidentiality and Non-disclosure of DOJ Information A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ In- formation are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representat- ive (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S. Govern- ment and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor.

When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of indi- viduals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social secur- ity numbers (in whole or in part).

I. Applicability to Contractors and Subcontractors This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), in- cluding FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Doc- uments, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

DJA-18-AHDQ-R-0009 Page 15 of 67

II. General Definitions The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medi- um, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), re- gardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and in- formation, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or…