Solicitation 15A00021R00000085.pdf

15A00021R00000085 Page 1 of 46

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15A00021R00000085

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/24/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Brian Wilkins Brian.Wilkins@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489120 (F) 2026489659

8. OFFER DUE DATE / LOCAL

TIME

07/01/2021 03:00 ET

CODE AACQ

ATF - ACQUISITIONS BRANCH

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

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 541990

SIZE STANDARD: $15,000,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

ABLANKCODE15. DELIVER TO

ATF - NCETR

3750 Corporal Road Redstone Arsenal Huntsville, AL 35898

CODE AACQ16. ADMINISTERED BY

ATF - ACQUISITIONS BRANCH

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

Brian Wilkins

(O) 2026489120

(F) 2026489659 Brian.Wilkins@ATF.gov

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

A404040CODE18a. PAYMENT WILL BE MADE BY

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

Finance Branch

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

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Seismograph Units and Monitoring

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Brian K. Wilkins

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

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Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section B Supplies or Services and Prices 3 Contract Clauses

52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 52.242-15 Stop-Work Order (Aug 1989) Section G Contract Administration Data ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

ATF-14 ELECTRONIC INVOICING

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

Section H Special Contract Requirements (ATF & DOJ Clauses) ATF-47 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award (DEVIATION 2015-02) (March 2015)

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

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-50 LIMITATIONS ON SUBCONTRACTING UNDER SMALL BUSINESS SET-ASIDES (May 24, 2019) ATF-51 INDEPENDENT CONTRACTOR (March 9, 2021) ATF-52 INDEMNIFICATION CLAUSE (May 2021)

ATF-53 WHISTLEBLOWER INFORMATION FOR EMPLOYEES OF DOJ CONTRACTORS,

SUBCONTRACTORS, GRANTEES, SUBGRANTEES OR PERSONAL-SERVICES

CONTRACTORS (March 2021) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.242-13 Bankruptcy (July 1995) 52.203-3 Gratuities (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.202-1 Definitions (Jun 2020) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.204-7 System for Award Management (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.232-11 Extras (Apr 1984) 52.243-1 Changes-Fixed-Price (Aug 1987) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.216-22 Indefinite Quantity (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-18 Ordering (Aug 2020) 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021) 52.217-8 Option to Extend Services (Nov 1999) Section I Contract Clauses (FAR Clauses Required Depending on Solicitation/Contract) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jan 2021) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

4 List of Attachments 5 Solicitation Provisions

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020)

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ATF-43 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Solicitation (DEVIATION 2015-02) (March 2015) ATF-44 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.204-7 System for Award Management (Oct 2018) 52.233-2 Service of Protest (Sept 2006) Section L Instructions, Conditions and Notices to Offerors or Respondents Section M Evaluation Factors for Award

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year:

CLIN 0001: Monitoring Service Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2021 - 07/31/2022

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Base Year:

CLIN 0002: Calibration Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2021 - 07/31/2022

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Base Year:

CLIN 0003: Parts

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2021 - 07/31/2022

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Base Year:

CLIN 0004: Service Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2021 - 07/31/2022

1 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Base Year:

CLIN 0005: Travel Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2021 - 07/31/2022

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Option Year (1):

CLIN 1001: Monitoring Service Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2022 - 07/31/2023

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Option Year (1):

CLIN 1002: Calibration Fee

1 LT $________ $_________________

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Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2022 - 07/31/2023

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Option Year (1):

CLIN 1003: Parts

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2022 - 07/31/2023

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Option Year (1):

CLIN 1004: Service Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2022 - 07/31/2023

1 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Option Year (1):

CLIN 1005: Travel Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2022 - 07/31/2023

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Option Year (2):

CLIN 2001: Monitoring Service Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2023 - 07/31/2024

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Option Year (2):

CLIN 2002: Calibration Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2023 - 07/31/2024

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Option Year (2):

CLIN 2003: Parts

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2023 - 07/31/2024

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Option Year (2):

CLIN 2004: Service Fee

Firm Fixed Price

1 HR $________ $_________________

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PSC: R425

Line Period of Performance: 08/01/2023 - 07/31/2024

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Option Year (2):

CLIN 2005: Travel Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2023 - 07/31/2024

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Option Year (3):

CLIN 3001: Monitoring Service Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2024 - 07/31/2025

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Option Year (3):

CLIN 3002: Calibration Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2024 - 07/31/2025

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Option Year (3):

CLIN 3003: Parts

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2024 - 07/31/2024

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Option Year (3):

CLIN 3004: Service Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2024 - 07/31/2025

1 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Option Year (3):

CLIN 3005: Travel Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2024 - 07/31/2025

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Option Year (4):

CLIN 4001: Monitoring Service Fee

Firm Fixed Price

PSC: R425

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Line Period of Performance: 08/01/2025 - 07/31/2026

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Option Year (4):

CLIN 4002: Calibration Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2025 - 07/31/2026

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Option Year (4):

CLIN 4003: Parts

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2025 - 07/31/2026

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Option Year (4):

CLIN 4004: Service Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2025 - 07/31/2026

1 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Option Year (4):

CLIN 4005: Travel Fee

Firm Fixed Price

PSC: R425

Line Period of Performance: 08/01/2025 - 07/31/2026

Section B Supplies or Services and Prices

SECTION B

B.1 SUPPLIES / SERVICES BEING PROCURED

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has a requirement for Seismograph Units and Monitoring Services.

B.2 CONTRACT TYPE

This will be a Firm Fixed Price/IDIQ Contract with a Base Year and (4) Option Years.

B.3 GOVERNMENT OBLIGATION AND CONTRACT TYPE

The Government minimum obligation under this contract is $1,000.00 for the Base Year.

B.4 PERIOD OF PERFORMANCE

Base Year: 08/01/2021 thru 07/31/2022 Option Year (1): 08/01/2022 thru 07/31/2023 Option Year (2): 08/01/2023 thru 07/31/2024 Option Year (3): 08/01/2024 thru 07/31/2025 Option Year (4): 08/01/2025 thru 07/31/2026

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B.5 PLACE OF PERFORMANCE

ATF - NCETR

3750 Corporal Road Redstone Arsenal Huntsville, AL 35898

B.6 PRICING

Contractor shall provide a cost per year for CLIN 0001 through 0025 see Section 2 - Commodity or Services Schedule.

B.7 CLAUES TO BE COMPLETE

1) ATF-50 Claues (Page 14 - 15)

2) FAR Claues 52.204-26 (Page 30)

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)

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)

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

52.242-15 Stop-Work Order (Aug 1989)

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

52.242-13 Bankruptcy (July 1995)

52.203-3 Gratuities (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

52.202-1 Definitions (Jun 2020)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.204-7 System for Award Management (Oct 2018)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.232-11 Extras (Apr 1984)

52.243-1 Changes-Fixed-Price (Aug 1987)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

Clauses By Full Text

Section G Contract Administration Data

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

The resultant contract will be administered by:

Department of the Justice Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Property, Acquisitions, and Safety Division (PASD) Brian Wilkins, Contracting Officer Washington, DC 20226 Work 202-648-9120 Email: Brian.Wilkins@atf.gov

G.2 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the discretion of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer

G.3 SUBCONTRACTS / CONSULTANT ARRANGEMENTS

(a) When so required by FAR Part 44, the offeror's proposal shall identify all subcontracts / consultant arrangements proposed.

Specifically, the following information shall be provided to the Contracting Officer:

(1) Company name of each subcontractor, or the individual name in the case of independent consultants;

(2) Names of each subcontractor corporate officers:

(3) Name of each subcontractor's key personnel for this contract effort, including each individual's level of effort; and

(4) Scope of work to be performed by each subcontractor / consultant.

(b) Furthermore, throughout the term of this contract, the Contractor shall obtain prior written authorization from the Contracting Officer for any additions, deletions or changes in subcontract / consultant arrangement entered into for the purpose of performing this contract effort. The Contractor shall furnish the Contracting Officer with the above-specified items of information for any subcontract / consultant arrangement that the Contractor proposed subsequent to contract award. The government may consider revision to this requirement if the contractor has a government approved purchasing system in accordance with FAR Part 44.

(c) ATF reserves the right to request the contractor to terminate any subcontractors, individual subcontractor employees, subcontractor principals, or consultants, for malfeasance or other appropriate cause (e.g., theft, criminal record(s), ties to organized crime, etc.)

(d) The provisions of this clause do not preclude any requirements regarding subcontracts that may be set forth elsewhere in this solicitation / contract.

(e) Questions regarding this requirement shall be directed to the Contracting Officer.

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

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

(End of Clause)

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS. (July 19, 2007)

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

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

(End of Clause)

ATF-14 ELECTRONIC INVOICING

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

Invoicing electronically saves time, money, and physical storage space for both the Government and the contractor.

Each invoice must be a proper invoice in accordance with Federal Acquisition Regulations (FAR) 32.905(b). The contractor may submit a combined invoice with each ATF contract/order number. The invoice must clearly identify the specific Contract Line Item (CLIN) or item number for which the contractor is seeking payment under the contract/order. If the invoice covers multiple CLINs or item numbers, the invoice must clearly identify specific amounts and activity applicable to each.

Electronic invoices must be submitted to the ATF Contracting Officer's Representative (COR)/POC named in Section G/Section

3.3 of this contract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as the official, original copy. The e-mail subject line must contain the name of the ATF COR/POC named in Section G/Section 3.3 of the obligation document, the Order/Award number, the Invoice number and Vendor name (i.e.: John Doe_DJAxxxxxxxxx_Invoice #xxx_ABC, Inc.). ATF will return to the vendor any invoices that do not contain the correct subject line information.

Contractors who are unable to submit electronic invoices may mail their invoices to the COR/POC named in Section G/Section 3.3 of this contract and FMD address provided below:

Bureau of Alcohol, Tobacco, Firearms & Explosives Attn: Finance Branch EXPEDITE CONTRACT INVOICE 99 New York Avenue, NE Mail Drop 4S-288 Washington, DC 20226

(End of Clause)

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer's Representative COR(s), in writing, giving pertinent details; provided, however, that this date shall be information only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds.

No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

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

The Contractor agrees to immediately notify in writing the Contracting Officer named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

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

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

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

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

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

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

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

Section H Special Contract Requirements (ATF & DOJ Clauses)

ATF-47 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award (DEVIATION 2015-02) (March 2015)

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

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ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

THIS CLAUSE HAS BEEN RESERVED.

ATF-41 DEPARTMENT POLICY ON DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING (July 2019)

It is the Department’s 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 (Policy Statement), available in full for public viewing at:

https://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-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 of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises.

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

ATF-46 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY - Award (Deviation 2015-02) (March 2015)

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

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

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

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

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

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

ATF-50 LIMITATIONS ON SUBCONTRACTING UNDER SMALL BUSINESS SET-ASIDES (May 24, 2019)

In conjunction with the requirements of FAR 52.219-14, Limitations on Subcontracting, contractors shall certify the level of subcontracting proposed, prior to award of any portion of the contract set-aside or partially set-aside for a small business or 8(a) participant. Contractors shall also certify the level of subcontracting actually achieved prior to exercising any option period.

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(Offerors shall indicate “N/A” for lines that are Not Applicable.)

1) Services (except construction). Contractor’s proposed percent of the cost of contract performance incurred for personnel shall be expended for employees of concern: _________ (must be at least 50%).

2) Supplies (other than procurement from a non-manufacturer of such supplies). Contractor’s proposed work to be performed as percent of the cost of manufacturing the supplies, not including the cost of materials: _________ (must be at least 50%).

3) General construction. Offeror’s proposed work to be performed as percent of the cost of the contract, not including the cost of materials, with its own employees: _________ (must be at least 15%).

4) Construction by special trade contractors. Offeror’s proposed work to be performed as percent of the cost of the contract, not including the cost of materials, with its own employees: _________ (must be at least 25%).

(End of Clause)

ATF-51 INDEPENDENT CONTRACTOR (March 9, 2021)

The relationship of the Contractor to the Government is that of an independent contractor. Nothing herein shall be construed to create any relationship of employer and employee, agent and principal, partnership or joint venture between the Parties.

(End of Clause)

ATF-52 INDEMNIFICATION CLAUSE (May 2021)

Each Party shall assume the responsibility and liability for the acts and omissions of its own employees or agents in connection with the performance of their obligations under this contract that are executed within the scope of their employment, including claims for injury, loss or damage to personal property or death, except in the case of the federal Government, liability shall be determined pursuant to the Federal Tort Claim Act (FTCA – 28 U.S.C. § 1346). Contractor hereby agrees to indemnify, defend and hold the federal Government harmless from any loss, liability, costs or damages arising from actual or threatened claims or causes of action resulting from breach of any of its representations, warranties or covenants herein or the negligence, gross negligence or intentional misconduct of Contractor’s respective officers, directors, employees, agents, contractors, members or participants etc. (as applicable).

(End of Clause)

ATF-53 WHISTLEBLOWER INFORMATION FOR EMPLOYEES OF DOJ CONTRACTORS, SUBCONTRACTORS, GRANTEES, SUBGRANTEES OR PERSONAL-SERVICES CONTRACTORS (March 2021)

The Contractor shall distribute the Whistleblower Information found at https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf to all employees and subcontractors.

(End of Clause)

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):

[Insert one or more Internet addresses]

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

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(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 07/31/2026 [insert date].

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1,000.00 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 1,000.00 [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of 25,000.00 [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within 25,000.00 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 08/01/2021 through 07/31/2026 [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

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(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

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

(End of clause)

Section I Contract Clauses (FAR Clauses Required Depending on Solicitation/Contract)

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 30 [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 30 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 66 months (months) (years).

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

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(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition

15A00021R00000085 Page 19 of 46 applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jan 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(…