Solicitation15A00025R00000005.pdf
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- Attached to
- Vehicle Retrofitting Federal contract opportunity
- Solicitation number
- 15A00025R00000005
About this file
This is a Request for Proposal (RFP) for vehicle retrofitting services issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The solicitation seeks contractors to provide functional and technical support for retrofitting multiple vehicle packages, including passenger sedans, SUVs, pickup trucks, and specialized vehicles for various ATF operational needs. The contract is a firm-fixed-price multiple award Indefinite Delivery/Indefinite Quantity (IDIQ) contract with a base period and four option years, covering 16 different vehicle package configurations.
Key details include a solicitation issue date of April 16, 2025, with proposals due by May 7, 2025, at 4:00 PM EST. The procurement is set aside 100% for small businesses, specifically targeting small business concerns. Contractors must provide comprehensive retrofitting solutions including equipment, labor, and installation for vehicle packages ranging from passenger sedans to specialized vehicles like SRT jump-out vans, K9 handler vehicles, and pickup responders. The government intends to award up to three contracts to the lowest-priced technically acceptable proposals, with pricing based on one vehicle package per year for evaluation purposes.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Questions and Answers.docx | DOCX document | |
| Questions and Answers.docx | DOCX document | |
| Attachment A- SOW Retrofit.docx | DOCX document | |
| Attachment B- Pricing Spreadsheet.xlsx | XLSX spreadsheet |
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15A00025R00000005 Page 1 of 51
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
15A00025R00000005
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
04/16/2025
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Brandon.Hodnett@ATF.gov
b. TELEPHONE NUMBER (No collect calls)
(O) 2026487612 (F) 2026489654
8. OFFER DUE DATE / LOCAL
TIME
05/07/2025 16:00 ET
CODE 15A000
ATF - ACQUSITIONS MANAGEMENT DIVISION
Brandon Hodnett
99 NEW YORK AVE. NE
WASHINGTON, DC 20226
9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR
X SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
8(A)
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
11,000000
10. THE ACQUISITION IS
SEE SCHEDULE
11. DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
NET 30
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER THE
DEFENSE PRIORITIES AND
ALLOCATIONS SYSTEM -
DPAS (15 CFR 700)
13b. RATING
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
X
REQUEST
FOR
PROPOSAL
(RFP)
14. METHOD OF SOLICITATION
15A000CODE15. DELIVER TO CODE 15A00016. ADMINISTERED BY
ATF - ACQUSITIONS MANAGEMENT DIVISION
Brandon Hodnett
99 NEW YORK AVE. NE
WASHINGTON, DC 20226
(O) 2026487612
(F) 2026489654 Brandon.Hodnett@ATF.gov
FACILITY
CODE
CODE
TELEPHONE NUMBER
17a. CONTRACTOR/
OFFEROR
A404040CODE18a. PAYMENT WILL BE MADE BY
ATF - FINANCE BRANCH
99 New York Ave. NE, #4.S-288 Washington, DC 20226
(O) (202) 648-7860 Finance.Branch@ATF.gov
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Functional and Technical Support of ATF's retrofitting Vehicles
Award will result in a Firm-Fixed-Price Multiple award IDIQ contract Firm Fixed Price
See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
X ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
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: REFERENCE _____________________________
OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK
5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)
Amanda M. Boshears
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
15A00025R00000005 Page 2 of 51
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
15A00025R00000005 Page 3 of 51
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses
52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 52.242-15 Stop-Work Order (Aug 1989) ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS (July 19, 2007) ATF-14 ELECTRONIC INVOICING (Revised October 27, 2008) ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS (Revised July 19, 2007) ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT (Revised July 19, 2007) ATF-20 GOVERNMENT-FURNISHED PROPERTY AND SERVICES (Revised July 19, 2007) ATF-21 ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT (Revised July 19, 2007) ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE (Revised April 3, 2008) ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised June 2021)
ATF-28 CONTRACTOR CERTIFICATION OF COMPLIANCE WITH FEDERAL TAX
REQUIREMENTS (Revised May 22, 2008) ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or SPECIFICATIONS (March 23, 2009)
ATF-41 DEPARTMENT POLICY ON DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND
STALKING (July 2019)
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) ATF-45 Contractor Certification of Compliance with Federal Tax Requirements - Solicitation (DEVIATION 2015-02) (March 2015)
ATF-50 LIMITATIONS ON SUBCONTRACTING UNDER SMALL BUSINESS SET-ASIDES
(May 24, 2019) ATF-51 INDEPENDENT CONTRACTOR (March 9, 2021) ATF-52 INDEMNIFICATION CLAUSE (May 2021) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) 52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-7 System for Award Management (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.217-8 Option to Extend Services (Nov 1999) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (May 2024) 52.232-11 Extras (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Feb 2024) 52.246-18 Warranty of Supplies of a Complex Nature (May 2001) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
15A00025R00000005 Page 4 of 51
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) DJAR-PGD-15-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-2C Contractor Certification of Compliance with Federal Tax Requirements - Award (DEVIATION 2015-02) (March 2015) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021)
4 List of Attachments Section J List of Documents, Exhibits and Other Attachments
5 Solicitation Provisions 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.223-4 Recovered Material Certification (May 2008) Section L Instructions, Conditions and Notices to Offerors or Respondents Section M Evaluation Factors for Award
15A00025R00000005 Page 5 of 51
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Base Year: All Vehicle Packages (complete Attachment B- Pricing Spreadsheet attached)
PSC: N023
Line Period of Performance: 07/08/2025 - 07/07/2026
Base Period
1 LT $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 Shipping Charges will not be priced out (Complete Attachment B- Pricing Spreadsheet attached).
Shipping will be the cost that the contractor will have to pay to ship the vehicles to the final designated locations by ATF. No profit will be made on shipping.
This CLIN is Cost Reimbursement only.
PSC: N023
Line Period of Performance: 07/08/2025 - 07/07/2026
Base Period
1 SH $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1001 Option Year 1: All Vehicle Packages (complete Attachment B- Pricing Spreadsheet attached)
Vehicle Package 1: Passenger-All Sedans Installation Vehicle Package 2: Midsize Sport Utility Vehicle Vehicle Package 3: Full Size SUV and Pickup Truck Vehicle Package 4: Midsize SUV SRT Operator Emergency Equipment Vehicle Package 5: for Mid-Size SUV SRT K9 Handler Emergency Equipment.
Vehicle Package 6: for ATF Bomb Technician Truck Vehicle Package 7: for Mid-Size SUV SACH K-9 Vehicle Package 8: for ATF CFI Pickup Responder Vehicle Package 9: for Mid-Size SUV CFI Expedition Vehicle Package 10:Full Size 4 x 2 Cargo Van (SRT Jump-Out Van).
Vehicle Package 11: Compact-size 4 x 2, 7 Passenger Mini Van.
Vehicle Package 12: Alternate Full-Size Pickup - Emergency Equipment with Cap Vehicle Package 13: Full-size Pickup 4 Door with 6-foot bed (FCSB
- Radio Communications Vehicle) Vehicle Package 14: ATF SACH Full-Size Pickup Responder Vehicle Package 15: Full Size 4 x 2 Cargo Van (SRT Jump-Out Van). GVWR 8000 Vehicle Package 16: Full Size 4 x 2 Cargo Van (SRT Jump-Out Van). GVWR 9201
PSC: N023
Line Period of Performance: 07/08/2026 - 07/07/2027
Unexercised Option 1
1 LT $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1002 Shipping Charges will not be priced out (Complete Attachment B- Pricing Spreadsheet attached).
Shipping will be the cost that the contractor will have to pay to ship the vehicles to the final designated locations by ATF. No profit will be made on shipping.
This CLIN is Cost Reimbursement only.
PSC: N023
Line Period of Performance: 07/08/2026 - 07/07/2027
1 SH $________ $_________________
15A00025R00000005 Page 6 of 51
Base Period
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2001 Option Year 2: All Vehicle Packages (complete Attachment B- Pricing Spreadsheet attached)
Vehicle Package 1: Passenger-All Sedans Installation Vehicle Package 2: Midsize Sport Utility Vehicle Vehicle Package 3: Full Size SUV and Pickup Truck Vehicle Package 4: Midsize SUV SRT Operator Emergency Equipment Vehicle Package 5: for Mid-Size SUV SRT K9 Handler Emergency Equipment.
Vehicle Package 6: for ATF Bomb Technician Truck Vehicle Package 7: for Mid-Size SUV SACH K-9 Vehicle Package 8: for ATF CFI Pickup Responder Vehicle Package 9: for Mid-Size SUV CFI Expedition Vehicle Package 10:Full Size 4 x 2 Cargo Van (SRT Jump-Out Van).
Vehicle Package 11: Compact-size 4 x 2, 7 Passenger Mini Van.
Vehicle Package 12: Alternate Full-Size Pickup - Emergency Equipment with Cap Vehicle Package 13: Full-size Pickup 4 Door with 6-foot bed (FCSB
- Radio Communications Vehicle) Vehicle Package 14: ATF SACH Full-Size Pickup Responder Vehicle Package 15: Full Size 4 x 2 Cargo Van (SRT Jump-Out Van). GVWR 8000 Vehicle Package 16: Full Size 4 x 2 Cargo Van (SRT Jump-Out Van). GVWR 9201
PSC: N023
Line Period of Performance: 07/08/2027 - 07/06/2028
Unexercised Option 2
1 LT $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2002 Shipping Charges will not be priced out (Complete Attachment B- Pricing Spreadsheet attached).
Shipping will be the cost that the contractor will have to pay to ship the vehicles to the final designated locations by ATF. No profit will be made on shipping.
This CLIN is Cost Reimbursement only.
PSC: N023
Line Period of Performance: 07/08/2027 - 07/07/2028
Base Period
1 SH $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
3001 Option Year 3: All Vehicle Packages (complete Attachment B- Pricing Spreadsheet attached)
Vehicle Package 1: Passenger-All Sedans Installation Vehicle Package 2: Midsize Sport Utility Vehicle Vehicle Package 3: Full Size SUV and Pickup Truck Vehicle Package 4: Midsize SUV SRT Operator Emergency Equipment Vehicle Package 5: for Mid-Size SUV SRT K9 Handler Emergency Equipment.
Vehicle Package 6: for ATF Bomb Technician Truck Vehicle Package 7: for Mid-Size SUV SACH K-9 Vehicle Package 8: for ATF CFI Pickup Responder Vehicle Package 9: for Mid-Size SUV CFI Expedition Vehicle Package 10:Full Size 4 x 2 Cargo Van (SRT Jump-Out Van).
Vehicle Package 11: Compact-size 4 x 2, 7 Passenger Mini Van.
Vehicle Package 12: Alternate Full-Size Pickup - Emergency Equipment with Cap Vehicle Package 13: Full-size Pickup 4 Door with 6-foot bed (FCSB
- Radio Communications Vehicle) Vehicle Package 14: ATF SACH Full-Size Pickup Responder Vehicle Package 15: Full Size 4 x 2 Cargo Van (SRT Jump-Out Van). GVWR 8000 Vehicle Package 16: Full Size 4 x 2 Cargo Van (SRT Jump-Out Van). GVWR 9201
PSC: N023
Line Period of Performance: 07/08/2028 - 07/07/2029
1 LT $________ $_________________
15A00025R00000005 Page 7 of 51
Unexercised Option 3
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
3002 Shipping Charges will not be priced out (Complete Attachment B- Pricing Spreadsheet attached).
Shipping will be the cost that the contractor will have to pay to ship the vehicles to the final designated locations by ATF. No profit will be made on shipping.
This CLIN is Cost Reimbursement only.
PSC: N023
Line Period of Performance: 07/08/2028 - 07/07/2029
Base Period
1 SH $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
4001 Option Year 4: All Vehicle Packages (complete Attachment B- Pricing Spreadsheet attached)
Vehicle Package 1: Passenger-All Sedans Installation Vehicle Package 2: Midsize Sport Utility Vehicle Vehicle Package 3: Full Size SUV and Pickup Truck Vehicle Package 4: Midsize SUV SRT Operator Emergency Equipment Vehicle Package 5: for Mid-Size SUV SRT K9 Handler Emergency Equipment.
Vehicle Package 6: for ATF Bomb Technician Truck Vehicle Package 7: for Mid-Size SUV SACH K-9 Vehicle Package 8: for ATF CFI Pickup Responder Vehicle Package 9: for Mid-Size SUV CFI Expedition Vehicle Package 10:Full Size 4 x 2 Cargo Van (SRT Jump-Out Van).
Vehicle Package 11: Compact-size 4 x 2, 7 Passenger Mini Van.
Vehicle Package 12: Alternate Full-Size Pickup - Emergency Equipment with Cap Vehicle Package 13: Full-size Pickup 4 Door with 6-foot bed (FCSB
- Radio Communications Vehicle) Vehicle Package 14: ATF SACH Full-Size Pickup Responder Vehicle Package 15: Full Size 4 x 2 Cargo Van (SRT Jump-Out Van). GVWR 8000 Vehicle Package 16: Full Size 4 x 2 Cargo Van (SRT Jump-Out Van). GVWR 9201
PSC: N023
Line Period of Performance: 07/08/2029 - 07/07/2030
Unexercised Option 4
1 LT $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
4002 Shipping Charges will not be priced out (Complete Attachment B- Pricing Spreadsheet attached).
Shipping will be the cost that the contractor will have to pay to ship the vehicles to the final designated locations by ATF. No profit will be made on shipping.
This CLIN is Cost Reimbursement only.
PSC: N023
Line Period of Performance: 07/08/2029 - 07/07/2030
Base Period
1 SH $________ $_________________
Section B Supplies and/or Services Pricing
Attachment B pricing is based on one (1) each per vehicle package per year for the order under the resulting IDIQ Contract, the one (1) each per vehicle package per year is provided for purposes of price evaluation only. The Government may order more or less than the stated one (1) each vehicle package per quantity, and the contractor shall not be entitled to revise pricing based upon variations in the quantities, nor shall they be entitled to any equitable adjustment based upon change quantities. Final quantities per delviery order will vary based on the number of awards that could occur within this multiple award solicitation. The contract shall be for a base Period with four (4) option year
15A00025R00000005 Page 8 of 51
Periods subject to the Government option to extend the term of the contract. Services will be delivered in response to a funded Task Order Issued Against the contract. Task Orders issued against the contract shall serve as funding document.
Because this is an IDIQ requirement, the contract will not be the funding document.
15A00025R00000005 Page 9 of 51
Section 3 - Contract Clauses
A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)
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)
52.246-1 Contractor Inspection Requirements (Apr 1984)
52.246-4 Inspection of Services-Fixed-Price (Aug 1996)
52.242-15 Stop-Work Order (Aug 1989)
52.202-1 Definitions (Jun 2020)
52.203-3 Gratuities (Apr 1984)
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)
52.204-7 System for Award Management (Oct 2018)
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)
52.217-8 Option to Extend Services (Nov 1999)
52.223-2 Reporting of Biobased Products Under Service and
Construction Contracts (May 2024)
52.232-11 Extras (Apr 1984)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors (Mar 2023)
52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
15A00025R00000005 Page 10 of 51
Clause Title Fill-ins (if applicable)
52.244-6 Subcontracts for Commercial Products and Commercial
Services (Feb 2024)
52.246-18 Warranty of Supplies of a Complex Nature (May 2001)
Clauses By Full Text
ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS (July 19, 2007)
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 (Revised October 27, 2008)
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically.
Invoicing electronically saves time, money, and physical storage space for both the Government and the contractor.
Each invoice must be a proper invoice in accordance with Federal Acquisition Regulations (FAR) 32.905(b). The contractor may submit a combined invoice with each ATF contract/order number. The invoice must clearly identify the specific Contract Line Item (CLIN) or item number for which the contractor is seeking payment under the contract/order. If the invoice covers multiple CLINs or item numbers, the invoice must clearly identify specific amounts and activity applicable to each.
Electronic invoices must be submitted to the ATF Contracting Officer's Representative (COR)/POC named in Section G/Section
3.3 of this contract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as the official, original copy. The e-mail subject line must contain the name of the ATF COR/POC named in Section G/Section 3.3 of the obligation document, the Order/Award number, the Invoice number and Vendor name (i.e.: John Doe_DJAxxxxxxxxx_Invoice #xxx_ABC, Inc.). ATF will return to the vendor any invoices that do not contain the correct subject line information.
Contractors who are unable to submit electronic invoices may mail their invoices to the COR/POC named in Section G/Section 3.3 of this contract and FMD address provided below:
Bureau of Alcohol, Tobacco, Firearms & Explosives Attn: Finance Branch EXPEDITE CONTRACT INVOICE 99 New York Avenue, NE Mail Drop 4S-288 Washington, DC 20226
ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS (Revised July 19, 2007)
In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer's Representative COR(s), in writing, giving pertinent details; provided, however, that this date shall be information only in character and that this provision shall not
15A00025R00000005 Page 11 of 51 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 (Revised July 19, 2007)
The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.
ATF-20 GOVERNMENT-FURNISHED PROPERTY AND SERVICES (Revised July 19, 2007)
a) The Government may furnish the Contractor property, services or information when doing so would be in the best interest of the Government. Government furnished property services/information will be specified on each order and/or contract.
b) Request for Government property will be approved by the Contracting Officer or the Contracting Officer s Technical Representative.
c) Computer hardware and software used to develop, design, validate or maintain supported systems and functional requirements will normally be provided to the contractor by the Government for use at the Government site.
d) The Government may provide the contractor with information, documents, etc. which may be required for the contractor to successfully perform the work as outlined in the contract when it is determined that such is necessary.
ATF-21 ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT (Revised July 19, 2007)
Title to all source data and materials furnished by the Government, together with all plans, designs, reports, materials, programs and documentation thereof and all other items pertaining to the work and services to be performed under orders pursuant to this contract shall become and remain with the Government upon completion. The Government shall have the full right to use each of these for its purposes without compensation or approval on the part of the Contractor. The Government shall have access to and the right to make copies of the above-mentioned items. All proprietary information, programs, etc. shall be indicated as such in the Contractor's proposal. The identification of information, programs, etc.
as proprietary or confidential is for information purposes only and shall not be binding on the Government to prevent disclosure of such information. The offeror is advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552).
ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE (Revised April 3, 2008)
The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media 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
15A00025R00000005 Page 12 of 51 furnished pursuant to this contract without prior written approval from the Contracting Officer (CO). No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this contract or any phase of any program hereunder shall be made without the prior written approval of the CO. The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the contractor shall ensure that the cover of all interim, draft and final reports contains the following statement: "The view, opinions, and/or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation."
The Contractor agrees to immediately notify in writing the CO named herein, if it determines or has reason to suspect a breach of this requirement. The Contractor also agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.
(a) Confidential information, as used in this clause, means (1) information or data of a personal nature proprietary about an individual, or (2) information or data submitted by or pertaining CONFIDENTIALITY to an institution or organization, or (3) information or data pertaining to a law enforcement investigation or operation.
(b) In addition to the types of confidential information described in (a) (1), (2) and (3) above, information which might require special consideration concerning the timing of its disclosure such as draft budget and strategic plans, studies or research, audits, etc.
(c) The CO and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential.
Similarly, the CO and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the Disputes clause.
(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of the disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.
(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution, or organization. Confidential information, as defined in (a)(3) shall not be disclosed without the prior written consent of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
(f) Whenever the Contractor is uncertain regarding the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the CO prior to any release, disclosure, dissemination, or publication.
(g) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State, or local laws.
ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised June 2021)
The following Federal Holidays are observed by ATF: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Presidents' Day, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. There are certain types of irregularly occurring circumstances that prompt the Government to close its offices where Contractor personnel are working, either on a national or local basis (i.e.
bomb threats, inclement weather, power outages, death of national figures, holidays declared by Presidential order, or funding lapses). Contractor staff shall not work if the Government is closed unless the Contracting Officer (CO) has given prior approval. Non-work due to the Government closing its facility(ies) is not an expense directly reimbursable to the Contractor. However, in those rare instances when the Government operations are curtailed for the balance of a workday that has already commenced, the Contractor may bill for the balance of the scheduled workday with the written acknowledgment of the Contracting Officer's Representative and final approval of the Administrative CO, if applicable.
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ATF-28 CONTRACTOR CERTIFICATION OF COMPLIANCE WITH FEDERAL TAX REQUIREMENTS (Revised May 22, 2008)
By submitting a response to a solicitation or accepting a contract award, the contractor certifies that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a nonfrivolous administrative or judicial proceeding.
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.
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 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-43 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY (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
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(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 submitting a response to this solicitation, the vendor/offeror represents that, as of the date of this offer –
(1) the vendor/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 vendor/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.
(End of Provision)
ATF-44 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE (DEVIATION 2015-02) (March 2015)
None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity 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 such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, or 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.
ATF-45 Contractor Certification of Compliance with Federal Tax Requirements - Solicitation (DEVIATION 2015-02) (March 2015)
By submitting a response to this solicitation, the contractor certifies that, to the best of its knowledge, information and belief, the Contractor has (a) filed all Federal tax returns required during the three years preceding the certification, (b) not been convicted of a criminal offense under the Internal Revenue Code of 1986, and (c) not been notified, more than 90 days before the subject certification, of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.
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.
(Offerors shall indicate “N/A” for lines that are Not Applicable.)
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1) Services (except construction). Offeror's/Contractor's proposed contract performance for its personnel shall be: ____ (must be at least 50%).
2) Supplies (other than procurement from a non-manufacturer of such supplies). Offeror's/Contractor's proposed contract performance for its cost of manufacturing the supplies, excluding the cost of materials shall be: ____ (must be at least 50%).
3) General construction. Offeror's/Contractor's proposed contract performance, excluding the cost of materials, with its own employees shall be: ____ (must be at least 15%).
4) Construction by special trade contractors. Offeror's/Contractor's proposed contract performance, excluding the cost of materials, with its own employees shall be: ____ (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)
DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023)
I. Applicability to Contractors and Subcontractors Section 2839.102 of the Justice Acquisition Regulation (JAR), (48 C.F.R. § 2839.102), applies to this contract. Accordingly, all contractors are obligated to comply with all applicable DOJ security policies, directives, or guidance documents, including the security requirements in the provisions in this contract clause. This contract clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of the contractors and subcontractors (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. The security requirements set forth herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), and any other applicable laws, mandates, contract clauses, DOJ policies, directives or guidance documents and Executive Orders pertaining to the development and operation of Information Systems and/or the protection of Government Information. This clause does not alter or diminish any existing rights, obligations, or liability under any other civil and/or criminal law, rule, regulation, or mandate.
II. General Definitions The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.
A. Authorization to Operate (“ATO”), as defined in National Institute of Standards and Technology (“NIST”) Special Publication (“SP”) 800-37 Revision 2, is the official management decision given by a senior Federal official or officials to authorize operation of an information system and to explicitly accept the risk to agency operations (including mission, functions, image, or reputation), agency assets, individuals, other organizations, and the Nation based on the implementation of an agreed-upon set of security and privacy controls.
B. Cloud Computing, as defined in DOJ Order 0904 Cybersecurity Program, is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, 15A00025R00000005 Page 16 of 51 servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This cloud model is composed of five essential characteristics, three service models, and four deployment models in accordance with NIST SP 800-145.
C. Covered Contract is any contract, order or other agreement under which the contractor, or a subcontractor at any tier, including a cloud service provider, may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information (as defined below) in the course of providing a product or service to the Department, with the exception of acquisitions under the micro-purchase threshold.
D. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information under a Covered Contract.
E. Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data, computer software, and personally identifiable information (PII) (defined below). The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.
F. DOJ Information, as defined in DOJ Order 0904, means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by the Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired to perform the contract.
G. Information, as defined in DOJ Order 0904, is any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. This includes any communication or representation of knowledge in an electronic format that allows it to be stored, retrieved, or transmitted.
H. Information System, means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502(8)).
I. Personally Identifiable Information (“PII”), as defined in the FAR 24.101, means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. It includes but is not limited to common data elements such as names, addresses, dates of birth, and places of employment, to identity documents, Social Security numbers or other government-issued identifiers, precise location information, medical history, and biometric records.
This definition covers all PII that is created by or becomes available to the contractor, including its employees, subcontractors, or affiliates, as a result of performing under this contract. PII, as supplementally defined in DOJ Order 0904, also includes information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual’s identity.
J. Private Cloud, as defined in NIST SP 800-145, is the deployment model for cloud infrastructure provisioned for exclusive use by a single organization comprising multiple consumers (e.g., business units). It may be owned, managed, and operated by the organization, a third party, or some combination of them, and it may exist on or off premises.
K. Security Breach means any security incident (as defined below) that directly relates to the loss of control, compromise, exfiltration, manipulation, unauthorized disclosure, unauthorized acquisition, unauthorized exposure or unauthorized access or any similar occurrence of any Covered Information System or any DOJ Information or any PII accessed by, retrievable from, processed by, stored on, or transmitted within, to or from any such system. This includes incidents where (1) a person other than an authorized user accesses or potentially accesses PII or DOJ Information or (2) an authorized user accesses or potentially accesses PII or DOJ Information for an unauthorized purpose.
a. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed security breach (as defined above).
b. Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed security breach (as defined above).
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L. Security Incident means any occurrence that (1) may actually or imminently jeopardize, without lawful authority, the availability, integrity, authentication, confidentiality, or nonrepudiation of DOJ Information or a Covered Information System; or (2) may constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.
a. Potential Security Incident means any suspected, but unconfirmed security incident (as defined above).
b. Confirmed Security Incident means any confirmed security incident (as defined above).
M. Vulnerability, as defined in DOJ Vulnerability Management Plan, and the OCIO Information Security Management Procedure, means a weakness or flaw discovered in the design of a system that, when exploited, may result in a loss of confidentially, integrity, or availability of DOJ Information or an Information System.
III. Confidentiality and Non-Disclosure of DOJ Information A. Preliminary and final contract deliverables and all associated working papers and material generated by the Contractor developed using DOJ Information, product, source code, and/or methods of operations, are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14 (Rights in Data-General). The Contractor will define a method of monitoring the development activity to include any activity associated with DOJ Information, product, source code, and methods of operations. The data rights and development details shall be defined within the Contract.
If the Contractor intends to utilize its existing data, for which it has a patent or copyright, to develop a contract deliverable, it is incumbent upon the Contractor to negotiate with the CO the proper FAR Part 27 clauses in the contract to protect its existing data.
B. Pursuant to FAR 52.227-14(d)(2), all documents and data produced in the performance of this contract containing DOJ Information, product code, source code, and/or methods of operations are the property of the U.S. Government and, without the prior written permission of the CO, the Contractor shall neither reproduce nor release such information to any third-party at any time, including during performance or following expiration and/ or termination of the contract.
C. Any DOJ Information made available to the Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, the Contractor assumes responsibility for the protection of the confidentiality of all DOJ Information processed, stored, or transmitted by the Contractor. The Contractor shall comply with information security responsibilities and duties throughout the contract and after expiration/termination as appropriate per contract close-out activities.
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