SOL. 15A00024Q00000093.pdf

15A00024Q00000093 Page 1 of 69

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15A00024Q00000093

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/31/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Steven Jaimes Steven.Jaimes@ATF.gov

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

TIME

08/12/2024 11:00 ET

CODE 15A000

ATF - ACQUISITIONS MANAGEMENT DIVISION

99 NEW YORK AVE. NE, #3.S-125

WASHINGTON, DC 20226

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

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):

621112

SIZE STANDARD:

13.5M

10. THE ACQUISITION IS

SEE SCHEDULEX

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

See Schedule.

CODE 15A00016. ADMINISTERED BY

ATF - ACQUISITIONS MANAGEMENT DIV.

99 New York Ave NE

WASHINGTON, DC 20226

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15A000CODE18a. 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

Peer Support Program Medical/Direction Training

See Section 3.1 for ATF's POCs.

Clearly display Solicitation #15A00024Q00000093 on all submissions.

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

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)

Steven D Jaimes

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

15A00024Q00000093 Page 2 of 69

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

15A00024Q00000093 Page 3 of 69

Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule

3.1 ATF Points of Contact

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

2 Contract Clauses 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014) ATF-04 Personnel Security Requirements (FEB 2024)

ATF-11 ATF IDENTIFICATION (ID) MEDIA

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

TECHNOLOGY (IT) SYSTEMS

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

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-18 REQUIREMENTS FOR ACCESS TO LAW-ENFORCEMENT, SENSITIVE

INFORMATION

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-23 PRIVACY OR SECURITY SAFEGUARDS

ATF-24 COMPUTER SECURITY

ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised June 2021) ATF-27 INFORMATION RESELLERS OR DATA BROKERS (Revised July 24, 2008) ATF-31 KEY PERSONNEL (April 16, 2010 - Revised on March 31, 2022)

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-51 INDEPENDENT CONTRACTOR (March 9, 2021) ATF-52 INDEMNIFICATION CLAUSE (May 2021)

ATF-53 WHISTLEBLOWER INFORMATION FOR EMPLOYEES OF DOJ CONTRACTORS,

SUBCONTRACTORS, GRANTEES, SUBGRANTEES OR PERSONAL-SERVICES

CONTRACTORS (March 2021) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)

3 List of Attachments 4 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

15A00024Q00000093 Page 4 of 69

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) 52.217-5 Evaluation of Options (July 1990) 2852.203-70 General Non-Disclosure Agreement (AUG 2016) 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 (DEVIATION 2015-02)

(March 2015)

ATF-44 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE

(DEVIATION 2015-02) (March 2015)

4.1 Quotation Instructions

5.1 Evaluation Criteria

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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 Provide Peer Responder Program Services per the Performance Work Statement (PWS).

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2024 - 08/31/2025

Base Period

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Provide Basic Peer Responder training per Section 7.2 of the PWS.

Estimated: One (1) training for the base year.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2024 - 08/31/2025

Option Period

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Provide Certified Fire Investigator (CFI) Resiliency training per Section 7.5 of the PWS.

Estimated: One (1) training for the base year.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2024 - 08/31/2025

Option Period

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Provide Recertification training per Section 7.3 of the PWS.

Estimated: Two (2) trainings for the base year.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2024 - 08/31/2025

Option Period

2 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Provide New Supervisors School and Post Traumatic Stress Disorder (PTSD) training per Section 7.4 of the PWS.

Estimated: One (1) training for the base year.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2024 - 08/31/2025

Option Period

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Other Direct Cost: Travel Reimbursement (Not to exceed $50,000).

Cost

1 YR $________ $_________________

15A00024Q00000093 Page 6 of 69

PSC: Q519

Line Period of Performance: 09/01/2024 - 08/31/2025

Option Period

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Provide Peer Responder Program Services per the PWS.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2025 - 08/31/2026

Option Period 1

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 Provide Basic Peer Responder training per Section 7.2 of the PWS.

Estimated: One (1) training for Option Year (OY)1.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2025 - 08/31/2026

Option Period 1

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 Provide CFI Resiliency training per Section 7.5 of the PWS.

Estimated: Up to two (2) trainings for OY1.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2025 - 08/31/2026

Option Period 1

2 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1004 Provide Recertification training per Section 7.3 of the PWS.

Estimated: One (1) training for OY1.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2025 - 08/31/2026

Option Period 1

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1005 Provide New Supervisors School and PTSD training per Section

7.4 of the PWS.

Estimated: Up to two (2) trainings for OY1.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2025 - 08/31/2026

Option Period 1

2 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1006 Other Direct Cost: Travel Reimbursement (Not to exceed $55,000).

Cost

PSC: Q519

Line Period of Performance: 09/01/2025 - 08/31/2026

Option Period 1

1 YR $________ $_________________

15A00024Q00000093 Page 7 of 69

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Provide Peer Responder Program Services per the PWS.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2026 - 08/31/2027

Option Period 2

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 Provide Basic Peer Responder training per Section 7.2 of the PWS.

Estimated: One (1) training for OY2.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2026 - 08/31/2027

Option Period 2

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 Provide CFI Resiliency training per Section 7.5 of the PWS.

Estimated: Up to two (2) trainings for OY2.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2026 - 08/31/2027

Option Period 2

2 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2004 Provide Recertification training per Section 7.3 of the PWS.

Estimated: One (1) training for OY2.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2026 - 08/31/2027

Option Period 2

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2005 Provide New Supervisors School and PTSD training per Section

7.4 of the PWS.

Estimated: Up to two (2) trainings for OY2.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2026 - 08/31/2027

Option Period 2

2 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2006 Other Direct Cost: Travel Reimbursement (Not to exceed $60,000).

Cost

PSC: Q519

Line Period of Performance: 09/01/2026 - 08/31/2027

Option Period 2

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Provide Peer Responder Program Services per the PWS.

Firm Fixed Price

12 MO $________ $_________________

15A00024Q00000093 Page 8 of 69

PSC: Q519

Line Period of Performance: 09/01/2027 - 08/31/2028

Option Period 3

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 Provide Basic Peer Responder training per Section 7.2 of the PWS.

Estimated: One (1) training for OY3.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2027 - 08/31/2028

Option Period 3

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 Provide CFI Resiliency training per Section 7.5 of the PWS.

Estimated: Up to two (2) trainings for OY3.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2027 - 08/31/2028

Option Period 3

2 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3004 Provide Recertification training per Section 7.3 of the PWS.

Estimated: One (1) training for OY3.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2027 - 08/31/2028

Option Period 3

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3005 Provide New Supervisors School and PTSD training per Section

7.4 of the PWS.

Estimated: Up to two (2) trainings for OY3.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2027 - 08/31/2028

Option Period 3

2 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3006 Other Direct Cost: Travel Reimbursement (Not to exceed $65,000).

Cost

PSC: Q519

Line Period of Performance: 09/01/2027 - 08/31/2028

Option Period 3

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Provide Peer Responder Program Services per the PWS.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2028 - 08/31/2029

Option Period 4

12 MO $________ $_________________

15A00024Q00000093 Page 9 of 69

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 Provide Basic Peer Responder training per Section 7.2 of the PWS.

Estimated: One (1) training for OY4.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2028 - 08/31/2029

Option Period 4

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 Provide CFI Resiliency training per Section 7.5 of the PWS.

Estimated: Up to two (2) trainings for OY4.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2027 - 08/31/2028

Option Period 4

2 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4004 Provide Recertification training per Section 7.3 of the PWS.

Estimated: One (1) training for OY4.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2028 - 08/31/2029

Option Period 4

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4005 Provide New Supervisors School and PTSD training per Section

7.4 of the PWS.

Estimated: Up to two (2) trainings for OY4.

Firm Fixed Price

PSC: Q519

Line Period of Performance: 09/01/2028 - 08/31/2029

Option Period 4

2 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4006 Other Direct Cost: Travel Reimbursement (Not to exceed $30,000).

Cost

PSC: Q519

Line Period of Performance: 09/01/2028 - 08/31/2029

Option Period 4

1 YR $________ $_________________

Contract Line Item Numbers (CLINs) 0002 through 0006 are optional base CLINs. Not exercising the optional base CLINs shall not prohibit the Government's unilateral right to exercise the respective optional CLINs in option years One (1) through four (4).

3.1 ATF Points of Contact

Contracting Officer (CO): Steven Jaimes (Steven.Jaimes@ATF.gov), 202.648.8666 Contracting Officer Representative (COR): To be disclosed at Award

15A00024Q00000093 Page 10 of 69

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.

See ESS Peer Support_PWS

(End of Clause)

15A00024Q00000093 Page 11 of 69

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

15A00024Q00000093 Page 12 of 69 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.

(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.

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(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 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

15A00024Q00000093 Page 14 of 69 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.

(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)

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

52.204-18 Commercial and Government Entity Code Maintenance

(Aug 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems (Nov 2021)

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Clause Title Fill-ins (if applicable)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

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 days [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;, 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)

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

(a) Mr./Ms. TO BE DETERMINED AT AWARD of [Organization] , [Address] , [Area Code, Telephone Number] , is hereby designated to act as Contracting Officer's Representative (COR) under[Contract Number] , for the period of [Period] (specify the performance period of the contract that the designation covers).

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

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(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(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-04 Personnel Security Requirements (FEB 2024)

PERSONNEL SECURITY REQUIREMENTS (FEB 2024)

Candidate Screening

A. The Contractor shall ensure 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 personnel security process will be conducted by or under the auspices of the Personnel Security Division (PSD), Office of Professional Responsibility and Security Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The Contractor is responsible for providing a Personnel Security Package to the Candidate to complete. Once completed, the Candidate must return the Package to the Contractor so that the Candidate may be screened by the Contractor.

C. The Contractor will conduct the Candidate screening by reviewing each completed form submitted by the Candidate.

The Contractor will make a preliminary determination whether the Candidate possesses a personal history that complies with ATF’s Agency Specific Qualifications (ASQs).

1. If the Contractor has questions or concerns regarding the Candidate’s responses to questions on any of the forms, the Contractor must discuss the responses with ATF’s assigned Contracting Officer (CO)/Contracting Officer’s Representative (COR) to determine whether ATF will accept the Candidate’s Personnel Security Package for processing.

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2. If the Contractor believes that the Candidate’s responses are/will not be in compliance with one or more ASQs, the Contractor will remove the Candidate from consideration and, if warranted, identify a replacement Candidate.

D. Agency-Specific Qualifications (ASQs). ASQs are requirements established by Federal mandates, Department of Justice (DOJ) regulations or policies, and/or ATF regulations or policies that Candidates must be in compliance with prior to being granted access to ATF information, IT systems, and/or unescorted access to ATF facilities. ASQs include:

1. Drug Policy. ATF applies a specific policy to the Candidate’s past and present illegal drug activities to determine whether the Candidate is in compliance with this ASQ. This internal policy is applied to the Candidate’s responses on ATF F 8620.12, Drug Activity Questionnaire, completed as part of the Personnel Security Package.

a) Candidates currently involved in illegal drug activities or substance abuse may be ineligible for hiring.

b) Past involvement in illegal drug activities or substance abuse may disqualify the Candidate if activities were more than minimal and limited.

2. Financial Interests in Regulated Industries. Title 5, Code of Federal Regulations, Section 3801.107 states, “…no employee of the ATF, or spouse or minor child of an ATF employee, shall have, directly or indirectly, any financial interest, including compensated employment, in the alcohol, tobacco, firearms or explosives industries." (This includes being listed as a responsible person on a Firearms License or an Explosives License or Permit.) This regulation is applied to the Candidate’s responses on ATF F 8620.44, Licensing Questionnaire, completed as part of the Candidate’s Personnel Security Package, and ATF licensing records to determine if the Candidate complies with this ASQ.

a) The Candidate, his/her spouse, or his/her minor child with a financial interest in a firearms or explosives entity may have to surrender the license/permit and/or the financial interest in the business before the Candidate enters duty.

b) A determination by ATF’s Office of Chief Counsel will be made regarding financial interest held by the Candidate, his/her spouse, or his/her minor child in the alcohol and tobacco industries prior to the Candidate entering on duty.

3. Financial Responsibilities. The DOJ provides specific regulations and policies relating to a Candidate’s financial obligations and delinquent debts. These regulations and policies are applied to the Candidate’s responses on ATF F 8620.28, Financial History Questionnaire (completed as part of the Personnel Security Package), credit reports/financial data obtained by ATF, and the sensitivity level of the position for which the Candidate is being considered to determine if the Candidate complies with this ASQ.

a) A Candidate who is currently delinquent more than 120 days with any debt must provide to the Contractor evidence of resolution by timely submitting proof of payment, confirmation of participation in or compliance with a payment plan, or proof of a legal remedy.

b) A Candidate who declines to provide evidence of resolution will disqualify the Candidate from eligibility consideration.

4. Prohibited Persons. ATF applies a specific policy to Candidates relating to an individual’s prohibition from possessing or receiving firearms, explosives, and/or ammunition. This policy, based on the prohibitions outlined in the Gun Control Act (18 U.S.C. Chapter 44) and Importation, Manufacture, Distribution, and Storage of Explosives Materials (18 U.S.C. Chapter 40), is applied to the Candidate’s responses to ATF F 8620.57, Prohibited Persons Questionnaire (completed as part of the Personnel Security Package). ATF will conduct law enforcement and court record checks to determine whether the Candidate complies with this ASQ.

a) Federal law states that it is unlawful for a person convicted of a misdemeanor crime of domestic violence or has a qualifying order of protection against them to possess a firearm or ammunition.