RFP - 15A00023R00000073.pdf

15A00023R00000073 Page 1 of 35

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER

DJA-23-ALAB-PR-0161

PAGE 1 OF

5. SOLICITATION NUMBER

15A00023R00000073

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/06/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Brian Palmer Brian.Palmer@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

202-648-7730

8. OFFER DUE DATE / LOCAL

TIME

08/01/2023 13:00 ET

CODE 15A000

ATF - ACQUISITION BRANCH

99 New York Ave. NE - #3.S-125

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

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

238390

SIZE STANDARD:

$19M Employees

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

X

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

A301030CODE15. DELIVER TO

ATF-ATLANTA FORENSIC LAB

2600 CENTURY PARKWAY, NE

ATLANTA, GA 30345

CODE 15A00016. ADMINISTERED BY

ATF - ACQUISITION BRANCH

99 New York Ave. NE - #3.S-125 Washington, DC 20226

Brian Palmer

(O) 202-648-7730 Brian.Palmer@ATF.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

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 NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Solicitation 15A00023R00000073 Laboratory Fume Hood Upgrade - Installation Services

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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: REFERENCE _____________________________

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)

Amanda M. Boshears

31c. DATE SIGNED

07/06/2023

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NUMBER

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. 11/2021) BACK

15A00023R00000073 Page 3 of 35

Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule

Section A Solicitation/Contract Form Section B Supplies or Services and Prices/Costs Section C Descriptions and Specifications

2 Contract Clauses 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jun 2023) 52.217-8 Option to Extend Services (Nov 1999) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) ATF-14 ELECTRONIC INVOICING (Revised October 27, 2008)

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-46 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION UNDER ANY

FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY - Award (Deviation 2015-02) (March 2015)

ATF-47 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE (Deviation 2015-02) (March 2015) ATF-50 LIMITATIONS ON SUBCONTRACTING UNDER SMALL BUSINESS SET-ASIDES (May 24, 2019) ATF-51 INDEPENDENT CONTRACTOR (March 9, 2021) ATF-52 INDEMNIFICATION CLAUSE (May 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) Section F Deliveries or Performance ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or SPECIFICATIONS (March 23, 2009) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

3 List of Attachments 4 Solicitation Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) ATF-44 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) Section L Instructions, Conditions and Notices to Bidders Section M Evaluation Factors for Award 52.204-7 System for Award Management (Oct 2018)

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Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Labor

PSC: N066

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Material

PSC: 6640

1 LT $________ $_________________

Section A Solicitation/Contract Form

ATTACHTMENT A

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a unique, law-enforcement organization within the United States (U.S.) Department of Justice (DOJ). It is dedicated to reducing violent crime and protecting the public. Specifically, ATF is dedicated to protecting its communities from violent criminals, criminal organizations, the illegal use and trafficking of firearms, the illegal use and selling of alcohol and tobacco products, the illegal use and storage of explosives, acts of arson, bombings, and terrorism.

This action is a request for proposal (RFP) to upgrade the Laboratory Fune Hoods for the Forensic Science Laboratory-Atlanta (FSL-A), located at 2600 Century Parkway, Suite 400, Atlanta, GA 30345.

NACIS Code: 238390, Other Building Finishing Contractors.

Section L: QUOTE SUBMISSION INSTRUCTIONS:

The vendor shall submit a complete response to this solicitation via email to the CO/PPOC and ensure its price is detailed and includes all-applicable discounts.

Submissions shall not exceed three (3) pages (the solicitation and pricing documents are not included in the count) and shall be 8 ½” x 11” with: font style Arial, or Times New Roman; font color Black; and font size 10 or 12. Illustrations (graphic figures, graphs, and tables) shall be in portrait format with font colors black or blue allowed and font size 10 or 12 acceptable, provided the information is legible via the computer. Headers, footers, and title/cover pages may be outside the page margins and are not bound by the font, color, and point-size requirements. NOTE: Information not contained within these limitations will not be evaluated.

SECTION M: EVALUATION REVIEW CRITERIA:

Parties responding to this solicitation shall submit their offer in accordance with their standard commercial practices (on company letterhead, formal proposal form,) but shall include the following information: 1) company's complete mailing and remittance addresses 2) discounts for prompt payment if applicable; 3) UEI and Dun & Bradstreet number; 4) Taxpayer ID number; 5) Catalog or Published Price Listing applicable to the service; 6) Active sam.gov profile; 7) Offerors shall meet specifications as noted in the synopsis. ATF will use available sources to access past performance information.

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Please provide your proposal and pricing table separately. Your quote should be submitted electronically (email) to brian.palmer@atf.gov. Incomplete and a late proposals will not be considered.

This is being evaluated as Lowest Price Technically Acceptable. The lowest price proposal, that meets the all the requirements of the Statement of Work and soliciation will be the awardee.

Section B Supplies or Services and Prices/Costs

Pricing proposal must be a complete breakout of supplies and services.

The supplies should be broken out to match section 4.0 of the Statement of Work.

Services should be broken out to show each labor category, hourly rate, and total hours.

Any additional costs that do not fall under supplies or services should be broken out separately. This includes travel and shipping.

Section C Descriptions and Specifications

ATF Forensic Science Laboratory - Atlanta Laboratory Fume Hood Upgrade Statement of Work (SOW)

INTRODUCTION

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is a law enforcement agency within the Department of Justice (DOJ). ATF’s mission is to reduce violent crime and to protect the public. ATF enforces Federal laws and regulations relating to alcohol, tobacco, firearms, explosives, and arson. The ATF’s Office of Laboratory Services provides analytical and advisory services on matters of a scientific nature in support of ATF’s mission. One of ATF’s forensic science laboratories within its Laboratory Services, Forensic Science Laboratory-Atlanta (FSL-A), has a requirement to replace and upgrade its laboratory fume hoods.

SCOPE

The scope of work consists of replacing and upgrading multiple existing chemical fume hoods throughout the FSL-A Laboratory. This will fulfill an ongoing need for FSL-A to maintain a safe environment to conduct casework vital to ATF criminal investigations. The fume hoods at the FSL-A need to be replaced as many are not working properly and pose safety risks to employees. Casework is the main mission of the laboratories, and this upgrade requirement will certainly cause disruptions to the operations. Therefore, fume hood downtime must be kept to a minimum to continue the effective and efficient processing of evidence related to ATF criminal investigations. During the installation process, at least two (2) fume hoods must be operational at any given time. The FSL-A requires eight (8) 60-inch hoods, two (2) 72-inch hoods, four (4) 60-inch base cabinets (two are acid/flammable storage and two are regular base cabinet), two

(2) 72-inch base cabinets, two (2) replacement exhaust fans (for canopy hoods not working), one (1) new exhaust fan to replace preexisting exhaust fan that needs upgrade to accommodate new hoods and ceiling enclosures for all hoods installed located at the FSL-A.

LOCATION

The address of the location is 2600 Century Parkway, Suite 400, Atlanta, GA 30345. Vendor shall be within 90 miles from the FSL-A.

FUME HOOD UPGRADE REQUIREMENTS

The contractor shall provide the following:

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Eight (8) restricted bypass, high performance fume hood with combination sash, and each hood must meet the following requirements:

Width must be 60” wide.

Include a 20 Amp light switch.

Include a 30 Amp fan switch.

Include 115v, 20 Amp dual electrical outlet.

Must be prewired.

Must be pre-fitted with light fixture.

Must be prewired with electrical fixture to the junction box.

Include a gooseneck hot/cold water fixture.

Must be pre-plumbed for water fixture.

Include a 3” x 6” poly cup sink.

Include a 60” black epoxy resin fume hood top with cup sink cut out.

Include louvered front panel for the 60” hood.

Must have a hinged access panel.

Must have a fume hood ceiling enclosure for the 60” hood.

Two (2) Restricted bypass, high performance fume hood with combination sash, and each hood must meet the following requirements:

Width must be 72” wide.

Include a 20 Amp light switch.

Include a 30 Amp fan switch.

Include 115v, 20 Amp dual electrical outlet.

Must be prewired.

Must be pre-fitted with light fixture.

Must be prewired with electrical fixture to the junction box.

Must include a gooseneck hot/cold water fixture.

Must be pre-plumbed for water fixture.

Include a 3” x 6” poly cup sink.

Include a 72” black epoxy resin fume hood top with cup sink cut out.

Include louvered front panel for the 72” hood.

Must have a hinged access panel.

Must have a fume hood ceiling enclosure for the 72” hood Dampers to adjust flow in two (2) hoods for fire debris Single switch to control two (2) hoods in fire debris Two (2) 30"w. x 35"h. x 18"d. Flammable Storage Cabinet w/ Self Closing Doors Two (2) 30"w. x 35"h. x 18"d. Acid storage cabinet Two (2) Flexible Acid Vent Kit 1-1/2" No Squeeze Top Two (2) 2" Deep Poly Coated Metal Spill Tray For 30" Metal Acid Base Two (2) 30"w. x 35"h. x 18"d. Metal Sink Base Unit Two (2) 30"w. x 35"h. x 18"d. Metal Fume Hood Base Unit Two (2) 36"w. x 35"h. x 22"d. 2 Door Metal Sink Base Unit Two (2) 36"w. x 35"h. x 22"d. 2 Door Metal Fume Hood Base Unit Two (2) 7"w. x 35"h. Metal Side Filler Panel One (1) 1/2 HP Prewired 115/230v Remote Fan with 12" Inlet/12" Outlet; 1677 CFM @ .77" SP Two (2) 1/2 HP Prewired 115/230v Remote Fan w/12" Inlet/10" Outlet; 1088 CFM @ 1.21" SP Warranty The contractor shall provide a minimum of one (1) year warranty on all labor and parts for the items listed in this section.

DESIGN, REVIEW AND APPROVAL

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After contract award, the contractor shall perform site survey, develop design drawings, and provide project schedule for ATF’s review and approval.

Site Survey

The contractor shall coordinate with the Contracting Officer Representative (COR) to schedule for a site survey. The contractor shall address over all items listed in Section 4 with the COR at the site. It is the contractor’s responsibility to determine and verify accessibility, parking, loading dock, elevators, field measurements, electrical tie-in locations, plumbing locations, HVAC ductwork, and any other relevant components needed to ensure all construction and installation requirements will be met. The site survey shall be completed within fourteen (14) calendar days from contract award.

Design Package

The contractor shall provide a design package of the fume hood upgrade requirements captured during the site visit. This must include, but not limited to, list of fume hood components to be removed/ replaced, drawings of electrical, plumbing, and critical dimensions, specifications, warranty, etc. The contractor shall provide any additional information as requested by the COR. The design package shall be submitted to ATF for review and approval within fourteen (14) calendar days from site survey.

Project Schedule

The contractor shall provide project schedule to cover the entire timeline of the project from start to finish for all the upgraded fume hoods to be fully operational. The schedule must identify all required tasks and milestones with start and end dates to ensure the project is completed within the period of performance for this contract. The milestone must include, but not limited to, kickoff meeting, delivery, installation phases, final inspection and punchlist. The schedule must also address which two (2) fume hoods will stay operational at any given time throughout the installation process/phases. The project schedule shall be submitted to ATF fourteen (14) calendar days from site survey.

ATF Review and Approval

ATF will require one week to review the design drawings and project schedule. The contractor shall be available to meet with ATF to address any issues related to the design drawings or project schedule during ATF’s review period. The contractor has five (5) business days to address and make any revisions identified by ATF to the drawings or schedule and resubmit to ATF for approval. This process shall repeat until all revisions are accepted and approved by ATF.

DELIVERY AND INSTALLATION

The contractor shall proceed with the fabrication, delivery, and installation of all the fume hood upgrade components after receipt of ATF’s approval on the design package and project schedule. The contractor shall comply with all applicable local, state, and federal regulations during construction and installation of the fume hood system.

Progress Meetings

After the kickoff meeting, the contractor shall schedule as many progress meetings as requested by the COR to address any issue with the delivery and installation. It is the contractor’s responsibility to capture meeting minutes and distribute to all parties in the meeting within a week from the meeting.

Delivery The contractor is responsible for delivery of all components, materials and parts needed for the installation. At least two (2) weeks prior to the beginning of delivery and installation, the contractor shall complete ATF security forms provided by the COR to conduct background checks on all

15A00023R00000073 Page 8 of 35 staffs who will be onsite during the installation to include representative, supervisor, members of the installations crew and any other subcontractors. This will allow time for the contractor to find substitutes should any individual fail the background check.

Installation The contractor shall provide all labor, tools, equipment, materials, certifications, and permits required to perform all demolition or construction work associated with the installation of all the fume hood components. This includes, but not limited, to the following:

The contractor must ensure at least two (2) fume hoods are operational at any given time to allow ATF to continue to perform its mission.

All removed parts/components identified in the design package and waste/debris that resulted from construction shall be disposed properly in accordance with all applicable local, state, and federal regulations.

The contractor shall not dispose nor discard recyclables, packing materials, or trash in the building provided recycling or trash receptacles or dumpsters.

All new hoods must have proper connections tied to the existing electrical, plumbing, HVAC vent and disposal to ensure that they are fully operational.

Plumbing work will include “capping off” of extra water/gas line that will no longer be in use.

The contractor must comply with all applicable safety rules and regulations. This includes providing any personal protective equipment (PPE) as required during the demolition and construction.

Damaged and/or missing product shall be replaced by means that will prevent installation delays.

Damaged product replacement will be at the contractor’s expense. All damaged products shall be removed from the job site immediately.

The contractor shall protect all warranties by immediately correcting all omissions, mistakes, and damages.

Unexpected conflicts during product installation must be brought to the attention of the COR within twenty-four (24) hours of discovery for resolution and implementation.

Core Working Hours

The contractor shall deliver and install during ATF’s core working hours starting from 8:00am till 5:00pm. The contractor shall submit a request in writing to the COR for approval should the work be performed outside the working hours.

FINAL INSPECTION AND ACCEPTANCE

Upon completion of all the fume hood upgrade installations, the contractor shall schedule with the COR for a final inspection and acceptance within three (3) business day. Immediately following the inspection, the contractor shall correct all minor deficiencies and make all minor adjustments as required within five

(5) business days. All paper copies of manuals for operations and maintenance (O&M), warranty, and other informative documents for the fume hood components shall be provided on the same day as the final inspection. The contractor shall address all identified punchlist items within fourteen (14) calendar days from the day of inspection.

DELIVERABLES

The contractor shall ensure the accuracy and completeness of all deliverables. Errors, misleading or unclear statements, incomplete or irrelevant information, and or excessive rhetoric, repetition, and “padding”, shall be considered deficiencies and shall be subject to correction by the contractor, at no additional cost

15A00023R00000073 Page 9 of 35 to the Government. Any rework of rejected deliverables shall be completed at no additional cost to the Government. The contractor shall submit the following deliverables to the COR:

Design package as stated in Section 5.2. The package must be in submitted electronically in Acrobat Adobe PDF format.

Project schedule as stated in Section 5.3. The schedule must be in submitted electronically in Acrobat Adobe PDF format.

Completed ATF background check forms (PDF) on all staffs who will be onsite as stated in Section 6.2.

These forms must be in submitted electronically in Acrobat Adobe PDF format.

O&M manual, warranty, and other informative documents for all the fume hood components as stated in Section 7.0. In addition to providing the paper copies of these documents on day of final inspection, the contractor shall provide them electronically in Acrobat Adobe PDF format within seven (7) calendar days from the day of inspection.

PERIOD OF PERFORMANCE

The period of performance for this contract is one hundred and twenty (120) calendar days from date of award.

ATF POLICIES, PROCEDURES AND STANDARDS

The contractor shall conform to the following ATF guidelines, security requirements, and federal regulation and legislation throughout the life of the contract. ATF reserves the right to amend/upgrade these standards and internal guidelines, processes and procedures based on technological advances.

Minimum Database Security Requirements as prescribed by the ATF Information Systems Security Office (ATF ISSO)

NIST Special Publication 800-53

ATF Minimum Security Requirements for Contractor Off Site Labs

ATF Publication, 7500.1 Rules of Behavior and Customer Agreement for ATF Workstation Users

Section 508 of the Rehabilitation Act (29 U.S.C. 794d)

Technical Standards, 1194.21, Software Applications and Operating Systems, and 1194.22, Web-based Intranet and Internet Information and Applications, as it applies to this requirement

CONTRACT MANAGEMENT

Notwithstanding the contractor’s responsibility for total management responsibility during the performance of this contract, the administration of the contract will require maximum coordination between the Contracting Officer (CO), the

Contracting Officer’s Representative (COR) and the contractor. The following individuals will be the Government points of contact during performance of the contract:

Contracting Officer (CO): The CO is responsible for the contract administration. The CO is the only person authorized to approve changes in the terms, conditions, delivery schedules, technical requirements or price, as set forth in the contract. Any changes not made expressly by the Contracting Office will be

15A00023R00000073 Page 10 of 35 considered to have been without authority. In such cases, the contractor is operating at their own risk. No adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

During any absence of the CO, identified for this contract, other warranted COs from ATF may authorize work under the contract.

Contracting Officer's Representative (COR): A COR will be designated on authority of the CO to monitor all technical aspects and assist in administering the contract. The types of actions within the purview of the COR's authority are to assure that the contractor performs the technical requirements of the contract; to perform, or cause to be performed, inspections necessary in connection with performance of the contract;

to maintain both written and oral communications with the contractor concerning the aspects of the contract within his/her purview; to monitor the contractor's performance under the contract and notify the contractor and CO of any deficiencies observed; and to coordinate Government furnished property availability and provide for site entry of contractor personnel, if required.

ATF POINT OF CONTACTS

The following ATF points of contacts have been established to assist in executing and administering the contract. All requests for interpretation and assistance should be referred to:

Contracting Specialist (CS): Brian Palmer

99 New York Avenue, NE, Washington, DC 20226

Phone: (202)-648-7730

Email: brian.palmer@atf.gov

Contracting Officer (CO): Amanda Boshears

99 New York Avenue, NE, Washington, DC 20226

Phone: (202)-648-9018

Email: Amanda.boshears@atf.gov

Contracting Officer’s Representative (COR): Cynthia Carter

2600 Century Parkway, Suite 400, Atlanta, GA 30345

Phone: (404)-698-7115

Email: cynthia.carter@atf.gov

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Section 2 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

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)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Dec 2022)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023)

Clauses By Full Text

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 90 [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022)

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(a) Definitions. As used in this clause--

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker --

(1)(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and--

(A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter

IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

(ii) A worker performs in connection with a contract if the worker’s work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

(b) Executive Order Minimum wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

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(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered;

and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to--

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a);

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b); and

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O.

minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at http:// www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

15A00023R00000073 Page 14 of 35

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker's occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

(End of clause)

15A00023R00000073 Page 15 of 35

ATF-14 ELECTRONIC INVOICING (Revised October 27, 2008)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically.

Invoicing electronically 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 submit 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 official, 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 obligation 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-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 situation 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.

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.

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such

15A00023R00000073 Page 16 of 35 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 necessary to restrict access to such information while in the Contractor s possession, to those employees needing such information to perform 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 furnished pursuant to this contract without prior written approval from the Contracting Officer (CO). 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 CO. The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the contractor shall ensure that the cover of all interim, draft and final reports contains the following statement: "The view, opinions, and/or findings contained in this report 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 CO named herein, if it determines or has reason to suspect a breach of this requirement. The Contractor also 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 concerning the timing of its disclosure such as draft budget and strategic plans, studies or research, audits, etc.

(c) The CO 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 CO 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 individual, 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 regarding the proper handling of material under the contract, or if the material in question 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 CO 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 provisions in other Federal, State, or local laws.

ATF-46 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, memorandum 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 determination 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 responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has

15A00023R00000073 Page 17 of 35 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 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 responsible for collecting the tax liability.

ATF-47 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE (Deviation 2015-02) (March 2015)

By accepting this award or order, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such…