In House SOW (August 2021) (002).docx

1.0 Background

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a law enforcement organization within the Department of Justice (DOJ). ATF’s unique responsibilities consist of reducing violent crime, collecting revenue and protecting the public. ATF enforces Federal laws and regulations relating to alcohol, tobacco, firearms, explosives and arson by working directly and in cooperation with other government agencies to:

a) Suppress and prevent crime and violence through enforcement, regulation and community outreach;

b) Ensure fair and proper revenue collection;

c) Provide fair and effective industry regulation;

d) Support and assist Federal, state, local and international law enforcement;

e) Provide innovative training programs in support of criminal and regulatory enforcement functions;

f) Help reduce the criminal use of firearms; and

g) Provide for public safety by reducing the criminal misuse of explosives, combating arson and removing safety hazards caused by improper and unsafe storage of explosive materials.

The Office of Professional Responsibility and Security Operations (OPRSO), Personnel Security Division (PSD) is charged with ensuring all persons privileged to be employed by or provide a service to ATF are reliable, trustworthy, of good character and conduct and are of complete and unswerving loyalty to the United States; and to educate personnel in the proper handling and safeguarding of classified national security information and sensitive unclassified information. The PSD maintains personnel security program and associated collateral functions in support of these programs. The PSD is responsible for conducting background investigations on prospective ATF employees and contractors and conducting periodic reinvestigations on current employees and contractors, in accordance with established Executive Orders and other regulatory directives, the Privacy Act of 1974, Office of Personnel Management (OPM) and the Office of the Director of National Intelligence (ODNI) regulations, other relevant regulations from the Office of Management and Budget, DOJ and ATF policies and procedures.

ATF already has an established program that utilizes trained, experienced contractors to conduct background investigations. ATF has determined that the most efficient and cost-effective method of conducting background investigations is to employ the services of contract investigators. The ATF, PSD has been authorized, pursuant to a Delegation of Authority Memorandum of Understanding (MOU) between ATF and OPM, to utilize the services of contract investigators to conduct background investigations. Contract investigators, who are under contract with ATF, will be known as “Special Investigators,” hereinafter referred to as contractors. Contractors may also be assigned to assist with other official ATF investigations.

1.1 General Agreement Terms

This Statement of Work (SOW) outlines the services, requirements, security and other expectations of contractors privileged to be awarded a contract to provide personnel security services.

This SOW and the contractor’s responsibilities are subject to changes in Federal law, regulation and policy, which may include, but are not limited to, procedural changes related to the use of government equipment, security procedures and investigative priorities. Modifications may be sent to vendors via mail or electronic mail after review and approval of the Contracting Officer’s Representative (COR) or the Contracting Officer (CO). The North American Industry Classification System Code (NAICS) is 561611 Investigation Services. Contractor oversight and performance monitoring will be conducted by an ATF representative to include, but not limited to, the PSD representatives, the COR or the CO.

Basic Ordering Agreements (BOA) will be issued by ATF and services to be conducted will be identified by the PSD. The BOA does not state or imply that ATF must place any future calls/orders with the contractor. The contractor is a service provider to ATF under mutually agreed upon terms of the agreement. However, the contractor is bound to ATF security requirements as established by the Bureau and any other requirements imposed by ATF during the term of the agreement.

Contractors may be subpoenaed and/or requested to testify in matters related to the investigative work associated with their agreement. Contractors must make themselves available when requested; however he/she is not permitted to serve as an expert witness nor consultant against ATF in any criminal, civil, legal or administrative proceeding when it relates to information he/she obtained during the course of his/her investigative services. In most instances, contractors will not serve as official witnesses in relation to other official ATF investigations (e.g., Internal Affairs investigations). However, contractors may be called upon to provide clarification of information contained in PSD investigative files, answer inquiries related to how information is obtained during background investigations and/or standard operating procedures. In these instances, contractors will not testify as official witnesses and his/her name will not be documented in the other ATF investigative report. However, should a contractor physically be a witness to an activity that directly relates to another official ATF investigation, the contractor may be required to serve as an official witness. If a contractor is contacted by any other office outside of the PSD, he/she must contact the PSD COR immediately. The PSD will conduct research and advise the contractor accordingly.

1.2 The PSD is organized into three branches.

a) Intake and Operations Branch (IOB): responsible for oversight of Division operations and the Intake process of the personnel security to include, but not limited to initiating background investigations, conducting indices checks, requesting and review Electronic Questionnaire Investigations Processing forms, etc.

b) Investigations Branch (IB): responsibilities of this Branch include, but are not limited to, conducting pre-employment screening, making temporary eligibility (TE) and interim clearance determinations, scoping (identifying investigative coverage requirements) for background investigations, organizing assignments, reviewing, and approving background investigative leads sent to ATF field special investigators. In addition, the Branch provides guidance to field special investigators; they also serve as the authority for investigative coverage requirements.

c) Adjudications Branch (AB): responsibilities of this Branch include, but are not limited to, investigation adjudication, Privacy and Freedom of Information Act requests and personnel security-related adverse actions.

1.2.1 Each branch has a designated branch chief and/or lead personnel security specialist (PSS) that will be an ATF government employee. Branch chiefs and lead PSSs will be responsible for monitoring and coordinating all contractors assigned to his/her respective branch and/or program area and work in collaboration with PSD’s CORs, Division Chief, or Division Chief’s designee. Each branch Contractors working under contract are responsible for coordinating and maintaining communication with his/her branch chief and other branch and staff members.

2.0 Scope of Work

ATF has a need to procure the services of trained and qualified personnel to complete tasks associated with the personnel security program.

By acceptance of the agreement, each contractor agrees to abide by all standards, policies and procedures set forth in all of PSD’s standard operating procedures and all subsequent Personnel Investigative Notices, Personnel Investigative Policies and/or other correspondence provided by the PSD.

3.0 Positions and Tasks

3.1 Position – Senior Special Investigator - At least 5 years of personnel security experience specializing in scoping, reviewing and adjudicating Federal background investigations; and a minimum of1 year of experience in coordination of managing, overseeing and organizing a group of personnel security investigators or equivalent (i.e. personnel security specialists, personnel security assistants, etc.), or at least one (1) year serving as a Special Investigator III.

Tasks. Contractors will primarily be responsible for:

a) Apply knowledge of all implemented personnel security policies, procedures, guidelines, and standards.

b) Apply knowledge of investigative coverage requirements and serve as a subject matter expert in order to provide guidance to all team members and other Division staff.

c) Review other agency personnel security background investigations to ensure proper/adequate investigative coverage when applying reciprocity.

d) Identify issues and/or potential conflicts of interest that may have a nexus with the agency mission or position.

e) Conduct reviews of ATF agency specific qualifications and/or pre-employment screening requirements.

f) Write and/or review reports of investigation (to include field investigator and/or final case closing reports).

g) Apply Federal suitability factors and adjudicative guidelines to investigations.

h) Review background investigations and adjudicative recommendations.

i) Review investigative coverage and prepare investigative instructions.

j) Review investigative assignments for quality and completeness.

k) Research and interpret Federal, state and/or local laws and regulations.

l) Research, draft, implement and maintain policies and procedures.

m) Complete special projects and other duties when assigned.

n) Prepare and provide written reports, documents and other materials; prepare and present oral presentations.

o) Exercise customer service skills when communicating with other internal ATF contractors and employees as well as those outside of the Bureau.

p) Attend internal and external meetings.

q) Manage personnel: oversee coordination of a group of contractor team members.

r) Generate and analyze productivity and other statistical reports.

s) Organize, assess, monitor and establish team goals regarding workloads, priorities and, if necessary, realign resources to meet Division priorities, compliance with mandated guidelines and ATF hiring initiatives.

t) Maintain verbal and written communication with staff members, PSD staff and management to disseminate information and coordinate implementation of policies and procedures

u) Coordinate and provide training for staff members.

v) Coordinate with the on-site supervisor, COR and/or technical POC regarding assignments and tasks for other team Personnel Security and Program Assistants.

3.2 Position – Special Investigator III - At least 5 years or more of personnel security experience specializing in scoping, reviewing, adjudicating or administration/management of Federal background investigations.

Tasks. Contractors will primarily be responsible for:

a) Apply knowledge of all implemented personnel security policies, procedures, guidelines, and standards.

b) Scope background investigations with minimal oversight.

c) Review other agency personnel security background investigations to ensure proper/adequate investigative coverage when applying reciprocity.

d) Identify issues and/or potential conflicts of interest that may have a nexus with the agency mission or position.

e) Conduct reviews of ATF agency specific qualifications and/or pre-employment screening requirements.

f) Write and/or review reports of investigation (to include field investigator and/or final case closing reports).

g) Review scoping coverage and prepare investigative instructions.

h) Review investigative assignments for quality and completeness.

i) Conducting quality assessments to ensure investigative coverage requirements are met.

j) Research and interpret Federal, state and/or local laws and regulations.

k) Research, draft, implement and maintain policies and procedures.

l) Complete special projects and other duties when assigned.

m) Prepare and provide written reports, documents and other materials; prepare and present oral presentations.

n) Exercise customer service skills when communicating with other internal ATF contractors and employees as well as those outside of the Bureau.

o) Fielding inquiries from ATF applicants, employees and non-ATF personnel, including field investigators located throughout the United States.

p) Serve as Acting Senior PSS to ensure staff coordination during Senior PSS absence.

q) Develop/conduct/provide/participate in on the job training for staff members.

r) Apply Federal suitability factors and adjudicative guidelines to investigations.

s) Review background investigations and make adjudicative recommendations.

t) Attend staff meetings and represent the Division at internal and external meetings.

u) Assisting with other official ATF investigations.

v) Updating the branch chief, lead PSS and senior special investigator of ongoing activities and/or issues that may affect operations or be of significance to management.

3.3 Position – Special Investigator II - At least 3 years of personnel security experience specializing in scoping, reviewing and adjudicating Federal background investigations.

Tasks. Contractors will primarily be responsible for:

a) Apply knowledge of all implemented personnel security policies, procedures, guidelines, and standards.

b) Scope background investigations with minimal oversight.

c) Review other agency personnel security background investigations to ensure proper/adequate investigative coverage when applying reciprocity.

d) Identify issues and/or potential conflicts of interest that may have a nexus with the agency mission or position.

e) Conduct reviews of ATF agency specific qualifications and/or pre-employment screening requirements.

f) Write and/or review reports of investigation (to include field investigator and/or final case closing reports).

g) Review scoping coverage and prepare investigative instructions.

h) Review investigative assignments for quality and completeness.

i) Conducting quality assessments to ensure investigative coverage requirements are met.

j) Research and interpret Federal, state and/or local laws and regulations.

k) Research, draft, implement and maintain policies and procedures.

l) Complete special projects and other duties when assigned.

m) Prepare and provide written reports, documents and other materials; prepare and present oral presentations.

n) Exercise customer service skills when communicating with other internal ATF contractors and employees as well as those outside of the Bureau.

o) Fielding inquiries from ATF applicants, employees and non-ATF personnel, including field investigators located throughout the United States.

p) Assist in development and participate in on the job training for staff members.

q) Apply Federal suitability factors and adjudicative guidelines to investigations.

r) Review background investigations and make adjudicative recommendations.

3.4 Position – Special Investigator I - At least 1 year conducting Federal background investigations, criminal or other official investigations; or at least 3years of personnel security experience specializing in background investigation case initiation processing activities (i.e., initiation and review of Electronic Questionnaires for Investigations Processing reviews, criminal and consumer indices checks, review of government application forms, etc.).

Tasks. Contractors will primarily be responsible for:

a) Apply knowledge of all implemented personnel security policies, procedures, guidelines, and standards.

b) Scope background investigations with moderate oversight.

c) Review other agency personnel security background investigations to ensure proper/adequate investigative coverage when applying reciprocity.

d) Identify issues and/or potential conflicts of interest that may have a nexus with the agency mission or position.

e) Conduct reviews of ATF agency specific qualifications and/or pre-employment screening requirements.

f) Write and/or review reports of investigation (to include field investigator and/or final case closing reports).

g) Review scoping coverage and prepare investigative instructions.

h) Review investigative assignments for quality and completeness.

i) Research and interpret Federal, state and/or local laws and regulations.

j) Research, draft, implement and maintain policies and procedures.

k) Complete special projects and other duties when assigned.

l) Prepare and provide written reports, documents and other materials; prepare and present oral presentations.

m) Exercise customer service skills when communicating with other internal ATF contractors and employees as well as those outside of the Bureau.

n) Fielding inquiries from ATF applicants, employees and non-ATF personnel, including field investigators located throughout the United States.

o) Assist in development and participate in on the job training for staff members.

p) Participate in on the job training for staff members.

q) Apply Federal suitability factors and adjudicative guidelines to investigations.

r) Review background investigations and make adjudicative recommendations.

The contractor will be assigned tasks as deemed necessary to meet the goals and priorities of the Division and agency. Tasks may be assigned by the branch chiefs, lead PSSs, COR, Division Chief or designee. All tasks will have the COR concurrence prior to starting work.

4.0 Contractor Qualifications

a) Contractors must meet minimum PSD program requirements and Federal requirements as outlined in the MOU between ATF and OPM. (To be provided once the selection has been made.)

b) Contractors are required to have experience of either a college degree (bachelors) or 4 years of general experience, 4 years of specialized experience within the last 5 years or 1 year of specialized Federal background investigative experience.

1) General experience is defined as progressively responsible experience that demonstrates the ability to problem solve, analyze problems to identify significant factors, gather pertinent data and recognize solutions, plan and organize work and communicate effectively orally and in writing on a professional level.

2) Specialized experience other than Federal background investigative experience includes other investigative experience (i.e., criminal investigations).

c) Contractors must possess sufficient investigative abilities to perform the orders assigned to them by the PSD.

d) Contractors must be computer literate and efficient in software programs that support email, word processing, and data entry, which are utilized in the administration of the personnel security and information security programs.

e) All contractors must carry themselves in a manner that reflects positively on ATF. To that end, contractors must present themselves in a professional manner, be neatly groomed and appropriately attired. Contractors must promote a positive workplace environment. Contractors must exhibit professional qualities during all periods of performance and absolute integrity is required and expected. Contractors must be polite and professional in both conduct and appearance.

4.1 Background Investigation

Contractors must undergo and receive a favorably adjudicated Tier 5 background investigation (BI) to determine his/her suitability to access ATF information, information technology systems (IT) and/or unescorted access to facilities and receive a Top Secret (TS) clearance; some contractor may require access to Sensitive Compartmented Information.

The BI will be conducted by or under the auspices of the PSD and be performed under such standards as the PSD may establish. If a contractor has a current Tier 5 BI with another agency, the PSD will follow reciprocity procedures for security; however, a review to determine the contractor’s compliance with all ATF agency specific requirements will be conducted prior to authorizing access to ATF information, IT systems, and/or unescorted access to facilities.

Failure to: complete the required personnel security forms; adhere to ATF’s conduct and integrity guidelines and/or be in compliance with the DOJ and ATF agency specific qualifications may result in immediate disqualification. If the BI cannot be favorably adjudicated and/or a TS clearance be granted, this will constitute grounds for disqualification of the contractor. Should the contractor be disqualified, he/she will not be granted access to ATF information, IT systems and/or unescorted access to facilities.

The contractor may be authorized access to ATF information, IT systems and/or unescorted access to facilities with an approved TE. If a TE is needed to service high priority vacancies, the PSD will initiate a Request TE only after advising and gaining the concurrence of the contractor.

Contractors who meet the BI requirements and are issued a BOA are hereby advised that they will be subject to Continuous Evaluation, 5 year reviews and/or any future or subsequent evaluation as deemed appropriate by OPM and ODNI. Should, at any time, the contractor has suitability or security issues/concerns that cannot be resolved or mitigated they will no longer be granted continued access to ATF information, IT systems, and/or unescorted access to any ATF facility and the BOA will be terminated.

ATF Clause - ATF-54 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION) FAR #52.223-99, Ensuring Adequate COVID Safety Protocols for Federal Contractors (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause - United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas

4.2 Information Technology Access and Mandatory Training

Contractors will have access to ATF’s IT system and are required to successfully complete a series of mandatory online training courses; some may require an annual recertification.

Upon award of the contract, contractors must complete the “Non-Disclosure for Access to Unclassified Sensitive Information” through the Bureau and/or Department approved training system. Contractors must complete “Information Security Awareness with Acknowledgment of the Rules of Behavior” and “Introduction to National Security Information” on an annual basis. Contractors must complete one time training courses entitled “Emergency Preparedness, IS-700: FEMA – National Incident Management System” and “IS-100.LE – ICS 100 for Law Enforcement Personnel.” Additional training requirements and/or mandatory compliance forms may be identified at any time and must be completed as assigned

Contractors must be willing to attend periodic training conferences at selected locations within the United States. Conferences are usually limited to one per year. Contractors may be responsible for all travel and lodging expenses.

4.3 Protection of Sensitive Unclassified Information

All information obtained during the course of an investigation, even though it may be considered sensitive unclassified information, must be protected and only divulged on a need-to-know basis and must not be disseminated to any parties outside of PSD without prior approval and written consent. All work must be completed utilizing the ATF issued laptop and at no time may a contractor forward information from his/her ATF laptop to their personal email and information may not be transmitted from an outside source (e.g., copy machine) to his/her personal accounts. Sensitive information must not be transmitted via unsecured email or Internet, or disclosed to unauthorized parties. Contractors must never furnish or divulge sensitive information contained in an investigation. Each contractor must make every reasonable effort to protect data associated with a background investigation and/or a personnel security record. All data, notes, copies of testimonies, copies of Reports of Investigations, etc., are the sole property of ATF and must be safeguarded against unlawful disclosure.

All orders and associated tasks must be conducted and completed by the contractor directly and not re-assigned by the contractor to any other individual contractors, employees or sub-contractors. The contractor must make every effort to safeguard information at all times.

The contractor must read, acknowledge and adhere to the terms and conditions set forth in the “Non-Disclosure Agreement for Access to Unclassified Sensitive Information.”

4.4 ATF Property, Equipment and Facilities

ATF agrees to furnish all equipment and facilities necessary for contractors to perform the duties expected of them. Any identification media, ATF provided software and all other Government property must be surrendered when requested by the PSD. All property assigned to contractors is considered accountable property for the PSD and must only be returned, replaced or transferred when coordinated with the PSD to ensure accurate property accountability. Contractors will be required to respond and provide all property information (i.e., serial number, ATF assigned PINs, etc.) when requested by the PSD to ensure compliance for the annual mandated ATF inventory.

4.5 Credentials

In accordance with the MOU between OPM and ATF (delegating the authority to utilize contractors), all contractors tasked with performing duties associated with the Federal personnel security program will be issued official ATF credentials. Credentials should never be used for purposes other than conducting official investigations on behalf of ATF and must never be used for personal gain. Credentials must be safeguarded at all times. They should never be out of a contractor’s possession and should never be photocopied. Lost or stolen credentials should be reported to the ATF and the PSD immediately, as well as the local police department.

4.6 Personal Identity Verification Card

In accordance with Homeland Security Presidential Directive-12 (HSPD-12), each contractor will be issued a Personnel Identity Verification (PIV) card. The PIV card will be used as official DOJ identification media and in compliance with HSPD-12 logical systems access, utilized for access to an assigned ATF laptop. PIV cards require a re-certification every 3 years and a full update (new card) 5 years.

5.0 Contractor Certification

Each contractor must sign a Contractor Certification which declares that all reports prepared by the contractor and any supplemental material, whether submitted in hard copy or electronic format represents actual reported investigative work that was performed and conducted in compliance with requirements of the contract. (To be provided once the selection has been made.)

5.1 System for Award Management and Dun and Bradstreet Registration

Contractors must register and receive Dun and Bradstreet (D&B) number. Registration with D&B will allow each contractor to work as a small business within the contractor’s state/locality. All Federal contractors must be registered in the System for Award Management (SAM).

The contractor is responsible for making changes to his/her own information. Any changes to the contractors name, address, telephone number, company name or financial institution information must be made by the contractor in the SAM. The ATF financial system is directly connected to SAM. If a registration is not current or active, ATF will be unable to assign orders to a contractor or process payments for reimbursement of services. Proper and prompt updates and an active registration are extremely important.

6.0 Place of Performance and Hours of Duty

The place of performance will be ATF headquarters located at 99 New York Avenue, NE, Washington, DC 20002.

At the discretion of the COR, the contractor may be granted authorization to perform work at an alternate location. Authorization will be based on the needs of ATF (e.g., alternate location will better facilitate accomplishment of the work, Government closure due to inclement weather or emergencies, etc.). Requests to perform work at an alternate location must be received in advance and approved by the COR and a telework agreement must executed.

Government closures: if the Federal government is closed (emergency, inclement weather, official or executive order holidays, etc.), contractors with telework agreements are permitted to work from an alternate location.

Personnel must be available to begin their workday between the hours of 5:00 am and 10:00 am Eastern Time, Monday through Friday, excluding authorized Federal holidays. Total hours are not to exceed 40 hours per week, unless overtime is authorized in advance by the COR in charge of the government facility.

The contractor is responsible for ensuring adequate coverage is provided to ensure all tasks are accomplished to meet PSD’s mission. The contractor must consider Division workload and priorities, servicing customers and field investigators throughout the nation. Failure to meet necessary availability may result in termination of the contract.

Overtime, if required, must be authorized in advance, in writing, by the COR, Branch Chief or designee. Funding must be obligated prior to approval of overtime hours.

7.0 Period of Performance

The period of performance is for 5 years from the time of award.

8.0 Travel

8.1 Contractors will not be compensated for parking fees and travel to and from their designated work location (99 New York Avenue, NE, Washington, DC, 20002).

9.0 Type of Contract. The resulting of this contract will be Blanket Ordering Agreement (BOA) based on the pricing schedule.

10.4.4 No payments will be issued against rejected deliverables, until they are corrected and accepted by the government.

11.0 Payment Procedures

11.1 ATF requires contractors to invoice electronically on a bi-monthly basis. Invoices must be identified by CLIN. 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 FAR 32.905(e). Electronic invoices should be submitted to financedivision@atf.gov , the ATF COR and the CO. Electronic invoices will serve as the official original copy. Any questions may be directed to the ATF Finance Office at (202) 648-7860.

11.2 If it is determined that the amount billed is incorrect, the invoice may be revised by the Government, or the Contractor may be required to submit a revised invoice.

11.3 To constitute a proper invoice, each invoice must include the following information and/or documentation:

Name, address and telephone of the Contractor;

Date of invoice and invoice number;

Contract number; also modification number, if applicable; and task order number and its modification, if applicable;

Description of the supplies/services rendered (including hours incurred and billing rate, if applicable);

A schedule depicting the following information:

· Amount Invoiced by Task

· Authorized Amount by Task

· Remaining This Period by Task

· Cumulative Amount Invoiced by Task

· Value of Contract Balance by Task

Name of Contracting Officer’s Representative (COR);

Travel and ODCs

Signature of authorized representative of the firm with the following invoice certification:

“The undersigned hereby certifies to the best of my knowledge and belief that the sum claimed under this contract is proper and due, and all the costs of contract performance have been paid, or to the extent allowed under the applicable payment clause, shall be paid by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and amounts involved are consistent with the requirements of this contract.”

BY:

TITLE: ______

DATE:

11.4 Contract Funding Status. The contractor should immediately notify the CO (with a copy to the COR), in writing, when billing has reached 85 percent of the contract’s amount(s) or whenever remaining funds are not sufficient to cover anticipated performance through to the contract’s expiration date; whichever is sooner. The contractor is cautioned that performance of work above the contract’s ceiling is at the contractor’s risk.

11.5 Payment for all supplies and services will be made upon Government acceptance, in accordance with the appropriate Payments Clause, FAR 52.232-7.

11.6 All payments will be made via electronic funds transfer. All claims for payment or reimbursement are subject to audit and adjustment.

In compliance with ATF’s specific invoicing procedures, contractors must submit an invoice for services provided. All claims for payment and/or reimbursement are subject to audit and adjustment.

Contractors will be paid at the rate of:

The above rates are reimbursable up to and including 40 hours per week.

Contractors may not exceed more than 2000 standard hours per agreement period.

Hours authorized and worked in excess of 40 hours per week are considered overtime hours and will be paid at the rate of:

Any hours over 40 hours per week must be agreed upon, have prior approval from the COR, Division Chief, or designee and funding obligated to the agreement before overtime hours can be worked.

At the end of each 12 month cycle, the contractor’s performance will be assessed and may be provided an hourly rate adjustment of up to $.50 per hour. Rate adjustments will be given at the sole discretion of PSD management and subject to the availability of funds.

Contractors are hereby informed that if awarded an agreement, the position for which he/she is selected will remain in effect throughout the life of the agreement. Contractors are responsible for filing their own state and Federal taxes. ATF will provide a 1099-Misc tax form to contractors meeting 1099 issuance criteria. The ATF is not required to provide a 1099-Misc form to any vendor who is incorporated and/or does not receive a minimum of $600 during any calendar year.

12.0 Quality Control/Assurance

The COR will monitor the performance of all contractors to ensure he/she completes tasks and meets timeliness goals in accordance with all rules, regulations and mandates issued by OPM, the Office of the Director of National Intelligence, DOJ and ATF. Due to the continuous and evolving nature of the personnel security sector, a contractor’s responsibilities and duties are subject to changes by Federal law, regulation and policy, which may include, but are not limited to, procedural changes related to the use of government equipment, security procedures and investigative principles and priorities. Therefore, ATF and the PSD reserve the right to modify the agreement and accompanied SOW without notice; a formal contract modification may not always occur. High quality services and timely completion of tasks are imperative to the success of the PSD.

ATF will continuously monitor the performance of each contractor to determine the contractor’s continued eligibility to receive future orders or if necessary, termination of the agreement.

Complaints of inappropriate conduct, violations of any policies, procedures and/or regulations will be investigated and if substantiated, may result in a warning notice being issued or the contract being terminated. If a contractor’s performance fails to meet the standards necessary for the position, quality control and assurance reviews will be conducted and if applicable, the contractor may be issued a warning notice or the agreement may be terminated.

Contractors suspected of submitting fraudulent invoices or work related materials will be reported to the DOJ Office of Inspector General for investigation.

13.0 CERTIFICATION OF INVOICES

13.1 The Payment Office listed on the first page of the Award Document will make payment upon receipt of an accepted and properly submitted invoice.

13.2 Invoices/vouchers will be completed and submitted in accordance with this Section 12.1. The final invoice will be paid upon Government acceptance of the final deliverable. Please also provide a copy of the invoice to the Contracting Officer.

13.3 The COR’s certification of acceptance is an integral part of the correct invoice/voucher discussed in the "Discounts for Prompt Payment" clause, (FAR Clause 52.232-8).

13.4 Upon certification, the COR will forward the invoice/voucher to the Payment Office, as appropriate.

13.5 The Invoice/Voucher must include:

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