RFQ 15A00023Q00000079_HQDigitalTVSvc - v20230804_.pdf

15A00023Q00000079 Page 1 of 49

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-AOST-PR-0083

PAGE 1 OF

5. SOLICITATION NUMBER

15A00023Q00000079

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/04/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaMark Combs LaMark.Combs@ATF.gov

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

08/09/2023 18:00 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):

516120

SIZE STANDARD:

$47,000,000

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

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15A000CODE15. DELIVER TO

ATF-Network Services Branch 99 New York Ave., NE Room CS-253/MDF Washington, DC 20226

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

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

Digital Television (TV) Services, to include a subscription Firm Fixed Price

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)

Sheray A. Millhouse

31c. DATE SIGNED

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

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Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule

2.1 Price/Cost Info for Contractor

ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or SPECIFICATIONS (March 23, 2009)

3.3 ATF Points of Contact

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) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014)

ATF-01 ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION

508) (July 2019, Updated January 2021) ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS (May 2010, Revised October 31, 2019) ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS (July 19, 2007) ATF-14 ELECTRONIC INVOICING (Revised October 27, 2008) ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS (Revised July 19, 2007) ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT (Revised July 19, 2007)

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised June 2021) ATF-32 TRASH REMOVAL (Revised November 9,2010)

ATF-41 DEPARTMENT POLICY ON DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND

STALKING (July 2019)

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-52 INDEMNIFICATION CLAUSE (May 2021) ATF-55 Personnel Security Requirements for Contractor Employees (Nov 2021) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-05 Security of Department Information and Systems (APR 2015) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

3 List of Attachments 4 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) 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)

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4.1 Quotation Instructions

4.2 Evaluation Criteria

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Mar 2023) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

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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 Digital TV Services - Repair & Upgrade of the high-end unit

PSC: DG10

Line Period of Performance: 08/11/2023 - 08/10/2024

Base Period

1 JB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Subscription for Digital TV services

PSC: DG10

Line Period of Performance: 08/10/2023 - 08/11/2024

Base Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 Subscription for Digital TV services

PSC: DG10

Line Period of Performance: 08/10/2024 - 08/11/2025

Option Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 Subscription for Digital TV services

PSC: DG10

Line Period of Performance: 08/11/2025 - 08/10/2026

Option Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 Subscription for Digital TV services

PSC: DG10

Line Period of Performance: 08/11/2026 - 08/10/2027

Option Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 Subscription for Digital TV services

PSC: DG10

Line Period of Performance: 08/11/2027 - 08/10/2028

Option Period

1 YR $________ $_________________

2.1 Price/Cost Info for Contractor

Wage Determination #2015-4281, as revised, is applicable to this buy.

Below is a list of items/work required to fulfill this requirement - Vendors may propose "Brand Name or Equal" equipment per the Notice via the System for Award Management (SAM).

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Item # Description Quantity Unit Price 1 ZeeVee (ZV) High-Definition

(HD) Bridge Encoder (4 Quadrature Amplitude Modulation {QAM} channels in HD), Manufacturer: ZV, Description and Specifics:

Encoder modulator that allows you to output HD signal (each unit sends out 4 HD channels)

4 $

2 Datatronix QAM Digital (8 channel), Manufacturer:

Datronix North American Cable Equipment (NACE), Description and Specifics: Digital Processor for local TV channels with QAM output

1 $

3 NAS (the company) DirecTV (DTV) Amplifier, Manufacturer:

NAS, Description and Specifics:

Amplifies signal for better strength

1 $

4 NAS Power Inserter, Manufacturer: NAS, Description and Specifics: Keeps polarity straight for signal

1 $

5 Single-Wire Multiswitch (SWM) 30 Module, Manufacturer:

DirecTV, Description and Specifics: Single Wire multiswitch can operate up to 26 direct receivers

1 $

6 Cable Tronix (CT) Remote- Direct-Memory Access (RMDA) 550-30 Amplifier, Manufacturer: Blonder Tongue, Description and Specifics:

Distribution amplifier for QAM channels

1 $

7 DTV Commercial Receiver H25 (tuner box), Manufacturer:

Directv, Description and Specifics: DIRECTV tuner boxes model H25 (newer and smaller), can be mounted vertically

16 $

8 Custom Rack Shelving, Manufacturer: Mid Atlantic, Description and Specifics:

Shelving to hold electronics and shelving to hold H25s vertically to save space

2 $

9 Rack Assembly Cabling, Manufacturer: Labor, Description and Specifics:

Labor/man hours

14 $

10 Misc Cable Connectors and Hardware, Manufacturer:

1 $

15A00023Q00000079 Page 7 of 49

Custom, Description and Specifics: cables for rack, lnb lines, audio, and video

11 19-inch TV, Manufacturer:

Westinghouse or Sonic with QAM tuner, Description and Specifics: TV to monitor system (has HD QAM tuner)

1 $

12 AV Cables, Manufacturer:

ZV, Description and Specifics:

Digital input (DIN) cables that connect satellite receivers, swm splitters, and other devices for the encoders

16 $

13 Installation and Assembly, Manufacturer: Labor, Description and Specifics:

Labor/man hours

74 $

*The unit of measurement for the above items is "EACH," except for #s 9 & 13, which is "HOURS".

ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or SPECIFICATIONS (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), Statement of Objectives (SOO), Performance Work Statement (PWS) or Specifications and all Section J attachments, as applicable.

(End of Clause)

Statement of Work Digital Television Services

1. Background

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Office of Science & Technical/Information Technology/(IT) System Management Division is responsible for providing television (TV) broadcasting services to ATF workforce at its Headquarters (HQ). The TV broadcasting service known as “ATF Television network” consists of the transmission of both commercially-obtained TV channels and Government- owned and published channels over the Government-owned, closed-loop, private-TV network.

Currently, Direct TV provides TV transmission service to over 300 independent endpoints at ATF HQ. Direct TV also provides key ATF offices, divisions, and branches with real-time information in both the commercial and Government sectors (e.g., weather maps, news feeds, on-scene incident reporting and Capitol Hill hearings/sessions).

Both commercial and Government, TV-input feeds are combined via Government-Furnished Equipment (GFE) hardware, then disseminated to the workforce via customer-owned TVs at multiple locations utilizing existing infrastructure transport.

ATF’s head-end unit is at least 10 years old and needs to be replaced because it's failing.

2. Objective

The primary objective of this statement of work (SOW) is to procure a non-personal services contract to upgrade ATF's TV network by replacing said head-end unit/equipment, thus improving the quality of service to the endpoint TV when broadcasting the channels over ATF's network.

3. Technical Environment

Below is a high-level snapshot of ATF’s current Digital-TV architecture in use:

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3.1 The demarcation points of both commercial TV channels and GFE channels (e.g. head-end site, Direct TV hand off) is Room #CS-253/MDF in ATF HQ.

3.2 Input - Utilizes feed from current third- (3rd-) party vendor and Quadrature Amplitude Modulation (QAM), with vendor-proprietary, multi-channel Cable Cards to de-encrypt incoming digital-TV channel content for redistribution via base infrastructure (i.e., ATF TV network). Decrypted-commercial channels are fed into a GFE Demodulator/Combiner and Frequency Converter for end-point dissemination.

3.3 Output – Media converters feed connections to Fiber Distribution Nodes (FDNs) for distribution to respective buildings within that Node. Currently, ATF TV network delivers content to its HQ building and is currently scaled to support more than 300 endpoint TVs, interface to the television is RG59 cables connected to the 75 Ohm (#) TV antenna jacks.

3.4 In Building - Service is transported utilizing Radio Grade (RG) 59 and RG6 coaxial cable connected to customer-owned TV displays.

3.5 The ATF TV network does not transit or cross roadways and does not provide TV transmission outside the current building location.

3.6 There is an antenna system on the roof of ATF’s HQ building that may be used as a backup system for local channels.

3.7 Some of the current cable runs may require repeaters, and all repeaters need to be in communication closets or ATF computer rooms as required.

4. Requirements/Tasks

Contractor shall:

4.1 Provide an uninterrupted, digital-TV broadcast-channel line-up solution to the Government demarcation point located at ATF

HQ.

4.2 Install/Upgrade all head-end equipment necessary to produce a fully-digital output, to include accompanying multi-channel cable cards and any other equipment necessary to decrypt input streams.

4.3 Restore service within a 24-hour notification window in the event of service degradation/notification.

4.4 Service all defective equipment and replace with equal or better technical capability as necessary, not including the GFE TVs. Also, replace defective equipment within two- (2-) business days or sooner, if possible, after notification from the Government Technical Point of Contact (TPOC).

4.5 Provide all necessary equipment (e.g., head-end hardware) to support a fully-integrated digital rebroadcast solution over the ATF TV network.

4.6 Provide, at minimum, the following channels from the District of Columbia (DC), Maryland, and Virginia (DMV) region:

ABC

NBC

CBS

FOX

MSNBC

CNN

C-SPAN 1

C-SPAN 2

FOX News

HLN

CNBC

MSNBC

The Weather Channel Internal DOJ Justice Channel as required.

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4.7 Have and maintain the highest standard of business ethics, as well as stay current with evolving technology over the life of the contract.

4.8 Manage the annual Direct-TV subscription.

Contractor may elect to provide additional digital-TV channels above the Government’s minimum channel lineup requirements;

however, the Government reserves the right to choose if such are redistributed over the ATF TV network. Additionally, the Government will notify the contractor when the receiving endpoints reach a threshold of 300 or above.

5. Period of Performance (PoP)

While the PoP will consist of one (1) base year and four (4) option year from the date of award, the contractor shall replace the head-end unit within one (1) month of receiving the materials and provide the subscription services upon the start date of the award through the life of the contract.

6. Type of Contract

The CO will negotiate a contract/purchase vehicle using the firm-fixed-price contract type.

7. GFE, Government-Furnished Property (GFP), and Government-Furnished Information (GFI)

ATF does not anticipate any GFE, GFP, or GFI, other than its existing supporting infrastructure.

8. Other Direct Costs (ODCs)

ATF does not anticipate any ODCs, incluing Travel

9. Place of Performance

The place of performance will be ATF HQ, located at:

99 New York Ave NE Washington, DC 20226

Contractor shall work during normal operations, which is: Monday-Friday, 8:00am - 4:30pm Eastern Standard Time.

Contractor shall also notify the Government-assigned POC regarding any work outside normal operations of the building within 72 hours to allow time for ATF approval, if warranted.

10. Contract Administration

Notwithstanding the contractor's responsibility for total-management responsibility during the performance of this contract, the administration of such shall require maximum coordination among the Contract Specialist (CS), CO, TPOC, and contractor. The CS/CO and TPOC shall be the Government’s points of contact (POCs) during performance of this contract and assist with the administration of it. As such, the contraftor shall direct all questions concerning this contract to the CS/CO identified in Section 11.0 or to any ATF CS/CO if those below are unavailalbe. Likewise, the contractor shall refer all requests for interpretation and assistance to the CS/CO or TPOC in Section 11.0.

1) The CO is responsible for the administration of this contract. He/She 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 CO will be considered to have been without authority. In such cases, the Contractor is operating at its own risk because no adjustment will be made in the contract, price or otherwise 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. The CO will designate, in writing, the COR(s) to represent him/her.

2) The TPOC(s) has the authority to monitor all technical aspects and assist in administering the contract. He/She shall ensure the contractor performs the technical requirements of the contract by: performing, or causing to be performed, inspections necessary in connection with performance of the contract; maintaining both written and oral communications with the contractor concerning the aspects of the contract within his/her purview; monitoring and assessing the contractor's performance under the contract and notifying

15A00023Q00000079 Page 10 of 49 the contractor and CO of any deficiencies observed; receiving and approving/rejecting task-order deliverables, invoices and certain-other requests as mentioned in a previous Section(s); also coordinating GFP availability and providing for site entry of contractor personnel, if required.

11. ATF's POCs

LaMark Combs, CS (Remote) LaMark.Combs@ATF.gov 202.648.7649

Sheray Millhouse, CO 99 New York Ave., NE, #3.S-135 Washington, DC 20226 Sheray.Millhouse@ATF.gov 202.648.9071

(To be disclosed {TBD} at Award), TPOC 99 New York Ave., NE, #TBD Washington, DC 20226 TBD@ATF.gov

202.648.XTBD

12. Quality Control (QC)

The Contractor is responsible for QC and delivery of quality goods and/or services to the Government.The contractor’s QC program shall include, at a minimum, the below:

• Quality-monitoring tools and techniques;

• A performance-management system and processes;

• Customer-feedback collection and monitoring methods, tools and techniques;

• Quality-reporting plans and processes; and

• Corrective-action process, if necessary.

13. Quality Assurance (QA)

IAW FAR subpart 46.401(a), Government-contract QA shall be performed at such times (including any stage of manufacture or performance of services) and places (including subcontractors’ plants) as may be necessary to determine the goods and/or services conform to contract requirements.

14. Closeout

The contractor shall submit a final invoice within 45-calendar days after the end of the performance period. Within 15-calendar days of receiving the final payment, the contractor shall furnish a completed and signed Release of Claims to the CO; such may be in the form of a Closeout-modification to the contract.

15. Glossary of Terms

Business Term Definition ATF Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) ATSC Tuner A high-definition (HD) tuner required in every new TV beginning in 2015 for screens 20” or larger. Receives over-the-air broadcast signals from local channels via antenna

ANALOG Alternating current frequency used for signal transmission BASIC SERVICE TIER Lowest level of service available and required by Federal law to include, at a minimum, the retransmission of local-TV broadcast signals and local public-access channels (regulated)

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BROADBAND Provides consumers with a single-switched facility, offering integrated access to voice, video, video-on-demand, high-speed data [internet] and interactive-information delivery

CABLE PROGRAMMING SERVICE TIER (CPST) Unregulated service tier that typically includes channels such as CNN, ESPN, Lifetime, MTV and Nickelodeon. Subscribers wishing to obtain CPST programming must subscribe to the basic service tier and in some circumstances, rent or purchase a converter.

COAX Low-frequency cable used as a transmission line to carry voice, data and video simultaneously.

CONUS The Contiguous United States (U.S.) consisting of the 48 adjoining U.S. states plus Washington, D.C. (federal district) on the continent of North America.

COTS Commercial off The Shelf DEMARCATION POINT Connection from customer premise to service-provider network DIGITAL Signals are transmitted by electronic bits and compiled at distant end; less sensitive to interference, allows for compression and simultaneous feeds [i.e., TV, internet, Voice-Over-Internet Protocol [(VoIP)]

DMV District of Columbia, Maryland, and Virginia DOA Dead on Arrival FIBER Method of transmitting information by sending pulses of light through anoptical fiber GOTS Government-Off-The-Shelf HEAD-END UNIT The electronic control center; site of receiving antenna and signal processing equipment HIGH-DEFINITION TELEVISION (HDTV) Improved TV system that provides approximately twice the vertical and horizontal video resolution of existing standards and exceptional audio quality

IT/CS Information Technology/Cyber Security Department that provides IT services throughout the command

MEDIA CONVERTERS Simple networking device that makes it possible to connect two

(2) dissimilar media types such as twisted pair with fiber optic

OCONUS Outside the Contiguous U.S., consisting of Alaska, Hawaii, and US territories and possessions, such as Puerto Rico

TPOC The Technical Point of Contact (TPOC) is the Government representative with the most knowledge of day-to-day tasks and participation by contractor personnel. Also responsible for furnishing information of a technical nature to the contractor and for monitoring contract performance to assure compliance with contract terms and provisions.

VISIONS Provides real-time news and programming to decision makers V&V Verification & Validation is the process of checking that a software system meets specifications and fulfills its intended purpose/meets the user requirements This is done through dynamic testing and other forms of review.

3.3 ATF Points of Contact

Contract Specialist: LaMark Combs (LaMark.Combs@ATF.gov), 202.648.7649 Contracting Officer: Sheray Millhouse (Sheray.Millhouse@ATF.gov), 202.648.9071 Technical Point of Contact: To be disclosed (TBD} at Award (TBD@ATF.gov), 202.648.XTBD

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Section 2 - Contract Clauses

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)

When a commercial item is contemplated (using FAR part 12 procedures or otherwise) and the contract will include FAR 52.212-4, the following replaces subparagraph (g)(2); paragraph (h); subparagraph (i)(2); paragraph (s); and paragraph (u), Unauthorized Obligations, of the basic FAR clause, and adds paragraph (w), as follows:

(g)(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt payment, of this clause.

(h) Patent indemnity. Contractor shall indemnify and hold harmless the Government and its respective affiliates, officers, directors, employees, agents, successors and assigns (collectively, “Indemnities”) from and against any and all liability and losses incurred by the Indemnities that are (i) included in any settlement and/or (ii) awarded by a court of competent jurisdiction arising from or in connection with any third party claim of infringement made against Indemnities asserting that any product or service supplied under this contract constitutes infringement of any patent, copyright, trademark, service mark, trade name or other proprietary or intellectual right. This indemnity shall not apply unless Contractor shall have been informed within a reasonable time by the Government of the claim or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. This indemnity also shall not apply to any claim unreasonably settled by the Government which obligates Contractor to make any admission or pay any amount without written consent signed by an authorized officer of Contractor, unless required by final decree of a court of competent jurisdiction.

(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance.

The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

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

(1) The schedule of supplies/services.

(2) The Assignments, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts provisions of the basic FAR clause at 52.212-4, and the Unauthorized Obligations and Contractor's Commercial Supplier Agreements— Unenforceable Clauses provisions of JAR 2852.212-4.

(3) FAR 52.212-5.

(4) Other paragraphs of the basic FAR clause at 52.212-4, with the exception of paragraph (o), Warranty, and those paragraphs identified in this deviation of 52.212-4.

(5) Addenda to this solicitation, contract, or order, including contractor's Commercial supplier agreements incorporated into the contract.

(6) Solicitation provisions if this is a solicitation.

(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-4.

(8) The Standard Form 1449.

(9) Other documents, exhibits, and attachments.

(10) The specification.

(u) Unauthorized obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (see 31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

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(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other similar mechanism ( e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.

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

(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract or order is subject to a contractor's commercial supplier agreement, the following shall be deemed incorporated into such agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, “this agreement” means any contractor commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory, district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted and shall have no effect.

(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted and shall have no effect.

(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.

(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR 52.212-4.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract, order, or this agreement, (A) binding arbitration shall not be used unless otherwise specifically authorized by agency guidance, and (B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute.

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease the overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable against the Government. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212-4(s), as revised by JAR

2812.302 and 2852.212-4(s).

(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of any license or service purporting to provide for automatic renewal is unenforceable against the Government.

(ix) Indemnification by the Government or end-user. Any language, provision, or clause of this commercial supplier agreement requiring the Government or End-user to indemnify the commercial supplier or licensor is not enforceable against the Government.

(x) Indemnification by the commercial supplier or licensor. Any clause of this agreement requiring or permitting the commercial supplier or licensor to defend the Government as a condition of indemnifying the Government for any claim of infringement is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the end user's compliance with this agreement is not enforceable against the Government. To the extent any language, provision or clause of

15A00023Q00000079 Page 14 of 49 this agreement permits Contractor to audit the Government's compliance under this contract, order, or agreement, such language, provision, or clause of this agreement is hereby stricken and replaced as follows:

“(A) If Contractor reasonably believes that the Government has violated the terms of this agreement with regard to the restrictions on authorized use and/or the number of authorized users, upon written request from Contractor, including an explanation of the basis for the request, DOJ will provide a redacted version of the Government's most recent Security Assessment and Authorization package (SAA) to Contractor on a confidential basis, so that Contractor may reasonably verify the Government's compliance with its obligations under this agreement. Contractor understands and agrees that the Government will remove or redact any information from the SAA that it reasonably believes may compromise (a) the security of the Government's information technology environment;

(b) the confidentiality of any third-party proprietary or confidential information; (c) any confidential, sensitive law enforcement information; and (d) any other information that the Government believes may compromise a past, current, or prospective investigation, prosecution, or litigation. Notwithstanding the preceding, and subject to the Government's policies and procedures for such review, including but not limited to complying with all Government security requirements prior to being granted access to the Government's facilities, including the execution of appropriate confidentiality and/or non-disclosure agreements, the Government will arrange, upon Contractor's written request, for Contractor to view an un-redacted version of the SAA on Government premises. Contractor understands that Contractor will be provided a copy of the un-redacted SAA on Government premises only and that no un-redacted copy of the SAA, or any medium containing information relating to it, will be permitted to be removed from Government premises.

(B) The Contractor also understands and agrees that the Contractor shall make a request under this paragraph no more than on an annual basis and only during the period of the contract, and that any activities performed by Contractor under this clause will be performed at Contractor's expense, without reimbursement by the Government.

(C) Discrepancies found with regard to the restrictions on authorized use and/or the number of authorized users may result in a charge by Contractor to the Government. Any resulting invoice must comply with the proper invoicing and payment requirements specified in the contract. This charge, if disputed by the Government, will be resolved through the Disputes clause at 52.212-4(d); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.”

(xii) Taxes or surcharges. Any taxes or surcharges which the Contractor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xiii) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under FAR 52.212-4 (b), Assignment.

(xiv) Confidential information.

(A) During the term of this contract or order, either party may identify information as “confidential information,” and there shall be no disclosure, dissemination, or publication of any such information except to the extent required for the performance of this contract or order and otherwise provided in this clause or by statute or regulation. Specifically, the parties agree that the party receiving confidential information may only disclose such information to its employees and contractors on a “need-to-know” basis to carry out the obligations of this contract or order, and that subcontractors performing under this Agreement are subject to the same stipulations provided in this provision. The parties also agree that this provision shall survive the termination of this contract or order, and any confidential information obtained or received which comes within these restrictions shall remain confidential, provided that the obligation to treat information as confidential shall not apply to information which is or becomes publicly available through no improper action of the receiving party; is or comes to be in the receiving party's possession independent of its relationship with the disclosing party; is developed by or becomes known to the receiving party without use of any confidential information of the disclosing party; or is obtained rightfully from a third party not bound by an obligation of confidentiality. Additionally, nothing in this contract or order shall restrict disclosure by the receiving party pursuant to any applicable law, including but not limited to the Freedom of Information Act, 5 U.S.C. 552, et seq., or an order of any court of competent jurisdiction, provided that in either such case the receiving party gives prompt notice to the disclosing party to allow the disclosing party to interpose an objection to such disclosure, take action to assure confidential handling of the confidential information, or take such other action as it deems appropriate to protect its confidential information.

(B) The Government considers and hereby identifies as confidential any and all information related to any inquiries and/or searches performed by the Government or by contractor at the Government's direction under this contract or order, including the subject of any such inquiry or search and any and all search terms, regardless of whether provided in writing or orally to Contractor, and Contractor agrees that it may only disclose such information to its employees and contractors on a “need-to-know” basis to carry out the obligations of this contract or order and that it will not share, reveal, divulge, disclose, disseminate, or publicize any such information to any third party except as provided in this provision without the prior written approval of the Contracting Officer. Contractor also understands and agrees that any subcontractors performing under this contract or order are subject to the same stipulations and that Contractor may be held responsible for any violations of confidentiality by a subcontractor.

(C) These provisions are consistent with and do not supersede, conflict with, or otherwise alter an employee's obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress,

(3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by Executive orders and statutory provisions relating to whistleblower protection are incorporated into this contract and are controlling.

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(D) The Government may share the terms, conditions and prices set forth in this Order with, and provide a copy of the Order to, other Executive branch agencies of the U.S. Government, provided that the Government shall ensure that other Executive branch agencies to which it provides such information will be required to treat all such information consistent with terms and conditions set forth in this Order.

(E) Notwithstanding anything in this agreement, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory, or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this Order.

(xv) Authorized users. Authorized users may include full and part-time employees of the Government, including those working at or from remote locations, and contractors and contractor employees working within the scope of their contract with the Government, including those at or from remote locations.

(xvi) Authorized use. Authorized users are authorized to use the product or service acquired under this contract in performing business on behalf of the Government. Any information obtained or acquired by the Government under this contract may be used by the Government in the performance of Government business.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevails to the extent of such inconsistency.

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)

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)

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

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

Services (Dec 2022)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014)

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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 10 [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within three (3) days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days [60 days unless a different number of days is inserted] before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years under this clause; however, if 52.217-8 is exercised to its full extent, then such shall not exceed five (5) years and six (6) months. (months) (years).

(End of clause)

2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014)

(a) It is DOJ policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in “DOJ Policy Statement 1200.02, Federal Workforce Responses to Domestic Violence, Sexual Assault, and Stalking,” available in full for public viewing at: http://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticeviolence-sexualassault-stalking.pdf.

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

(b) Upon contract award, DOJ will provide the Contractor with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking for the component or components where the Contractor will be performing. The Contractor agrees to inform its employees and employees of subcontractors, who will be assigned to work on DOJ premises, with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking.

(End of Clause)

ATF-01 ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION 508) (July 2019, Updated January 2021)

Each Electronic and Information Technology (EIT) product furnished under this contract shall meet the Electronic and Information Technology Accessibility Standards (36 CFR 1194).

Submission of a Voluntary Product Accessibility Template (VPAT) following the guidelines described at www.section508.gov/sell/ vpat is required. Alternative formats or certifications may be used only when approved by the Contracting Officer. VPAT(s) must be provided to the Contracting Officer prior to contract award.

(End of Clause)

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS (May 2010, Revised October 31, 2019)

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Candidate Screening

A. The Contractor shall be responsible for ensuring that all potential Contractor employees (Candidates) assigned hereunder undergo ATF's personnel security process to determine their eligibility for access to ATF information, information technology (IT) systems, and/or unescorted access to ATF facilities.

B. The…