Attachment A PWS (Final)(Updated June 3rd).pdf

PERFORMANCE WORK STATEMENT

Contract Polygraph Examiners

1.0 Background

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a law enforcement organization within the Department of Justice (DOJ). 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 ATF’s personnel security program and associated collateral functions in support of these programs.

The Office of Field Operations (FO), Special Operations Division (SOD) is responsible for providing support to ATF’s Field Operations missions that conduct criminal investigations, regulate the firearms and explosives industries, and assist other law enforcement agencies. As part of SOD, the ATF Polygraph Branch’s primary mission is to provide nationwide investigative support in advancing ATF’s mission and that of the ATF’s law enforcement partners. This is achieved, in part, through the administration and review of criminal polygraph exams. Additionally, the ATF Polygraph Branch is responsible for conducting pre-employment polygraph examinations and quality control reviews for prospective ATF Special Agents, in accordance with established Executive Orders and other regulatory directives, the Privacy Act of 1974, Office of Personnel Management (OPM) regulations, other relevant regulations from the Office of Management and Budget, DOJ and ATF policies and procedures.

ATF has determined that the most efficient and cost-effective method of conducting Special Agent pre-employment polygraph examinations is to contract for the services of polygraph examiners.

1.1 General Agreement Terms

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

This PWS 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 the contractor via electronic mail after review and approval of the Contracting Officer (CO). The North American Industry Classification System Code (NAICS) used for this effort is 561611 Investigation Services. Contractor oversight and performance monitoring shall be conducted by an ATF representative to include, but may not be limited to, the ATF Polygraph Branch representatives, the Contracting Officer Representative (COR), or the CO.

The contractor shall be a service provider to ATF under mutually agreed upon terms of the contract. As part of the contract, the contractor is also bound to ATF security requirements as established by the Bureau.

Contractors may be subpoenaed and/or requested to testify in matters related to the investigative work associated with their agreement. Contractors shall make themselves available when requested. However, as a mitigation measure pursuant to FAR 9.5 against potential future conflicts of interest that may bias the contractor against ATF, polygraph examiners will not be permitted to serve as an expert witness or 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 (SOPs). 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 Polygraph Branch, he/she shall contact the ATF COR immediately. The Polygraph Branch will conduct research and advise the contractor accordingly.

2.0 Scope of Work

ATF has a need to procure the services of trained and qualified polygraph examiners to complete tasks associated with polygraphing special agent applicants.

The contractor shall abide by all standards, policies and procedures set forth in all of the Polygraph Branch and PSD’s standard operating procedures (SOP) and all subsequent Personnel Investigative Notices, Personnel Investigative Policies and/or other correspondence provided by the PSD.

Polygraph examinations will be conducted in-person at standard ATF Facility locations, as shown below. The Government reserves the right to amend or revise the locations dependent upon the number of requested examinations received.

Location(s):

EAST:

- Falls Church, VA

- Atlanta, GA

- Nashville, TN

- Pittsburgh, PA

- Washington DC HQ’s Building

- Washington DC Field Division

- Sterling, VA

CENTRAL:

- Chicago, IL

- Dallas, TX

WEST:

- Los Angeles, CA

- Denver, CO

2.1 Transition-In and Transition-Out Period(s)

The contractor shall propose a transition in period detailing steps they will take to ensure their cadre of individuals have met the criteria set forth in this PWS to accept work. This transition will succinctly detail a transition in period in the first 30-45 days of receipt of award. A kickoff meeting set up by the COR will commence no later than no later than 10 days after award, electronically with a breakdown of action items and tasks to be completed within the first 30-45 days of award. The transition-in period will be monitored by the COR in conjunction with the Polygraph Branch Chief. The contractor is responsible for the transition-in and transition-out periods.

The Government reserves the right to modify the contract to include a transition-out period. In the event the Government modifies the contract to include this period, details of Government expectations and tasks will be included in the subsequent modification.

3.0 Tasks and Positions

3.1 Tasks: Contractor shall be responsible for:

3.1.1 Administering polygraph exams

3.1.2 Receiving and responding to all ATF work requests to the assigned ATF’s representative/COR within three (3) business days.

3.1.3 Coordinating with applicants and the ATF polygraph branch representative to schedule pre-employment polygraph exams.

3.1.4 Coordinating with ATF’s representative for pre-travel approval and post-travel follow-up, including coordinating with ATF representatives at test locations.

3.1.5 Traveling to conduct pre-employment polygraph exams at designated locations, as assigned by ATF’s representative/COR, while applying knowledge of all implemented National Center for Credibility Assessment (NCCA) and ATF polygraph policies, procedures, guidelines, and standards.

3.1.6 Reviewing application documents, reports of investigation and background materials for each applicant exam (to include field investigator and/or final case closing reports).

3.1.7 Apply Federal suitability factors and adjudicative guidelines to investigations.

3.1.8 Researching and interpreting Federal, state and/or local laws and regulations, as it would pertain to admissions made by applicants in their application forms or on statements made during their polygraph exams.

3.1.9 Preparing and providing written reports, documents, and other materials, as well as preparing and presenting oral presentations when requested.

3.1.10 Exercising professional customer service skills when communicating with other internal ATF contractors, employees, examinees, and other individuals outside of the Bureau.

3.1.11 Attending internal and external meetings, as required by the ATF Polygraph Branch Chief or his designee.

3.1.12 Maintaining verbal and written communication with staff members, polygraph branch staff and management to disseminate information and coordinate implementation of policies and procedures.

3.1.13 Coordinating with the exam-site ATF supervisor, COR and/or technical POC regarding assignments and tasks for other team Personnel Security and Program Assistants.

3.1.14 Examiners might have the possibility to testify in court.

4.0 Positions: Polygraph Examiner Qualifications.

4.0.1 Shall be a currently Federally certified polygraph examiner. Proof is required, in advance, of successful completion/graduation from the federal polygraph examiners basic course at the NCCA) or one of its predecessors - Defense Academy for Credibility Assessment (DACA) or the Department of Defense Polygraph Institute (DoDPI).

4.0.2 Shall have at least five (5) years of experience conducting NCCA approved Law

Enforcement Pre-Employment Test (LEPET) polygraph examinations while employed by an agency that was recognized by NCCA as having a compliant federal program. Proof will be required in advance which must be included on a resume.

Must have done previous examines no less than one (1) year since the posting of the Government’s solicitation.

4.0.3 Must not have been dismissed, relieved of duties, or had any findings that would indicate questionable integrity, including, but not limited to “Giglio” concerns, or have been removed from their position as polygraph examiner for cause or competency concerns.

4.0.4 Shall provide proof of maintaining NCCA approved continuing education (CE) credit hours, averaging 80 hours every two years. Must provide a transcript from NCCA, in advance, to show the examiner is currently up to date on the NCCA continuing education requirements.

4.0.5 Shall provide proof of completing NCCA mandated countermeasures courses and CE credits. Must provide a transcript from NCCA, in advance, to show the examiner is currently up to date on the NCCA countermeasures training requirements.

4.0.6 Shall be familiar and proficient with the standards and practices within the NCCA published federal polygraph examiner handbook.

4.0.7 Shall make themselves available for ATF required training and NCCA required CE credits, as approved by the ATF Polygraph Branch and IAW NCCA.

4.0.8 Shall meet minimum ATF Polygraph Branch requirements. ATF uses two (2) handbooks: The Federal Examiners Handbook and the ATF Polygraph Branch Policy and Procedures Handbook. The selected examiners will be trained in order to certify them with the ATF specific requirements.

4.0.9 Shall possess investigative abilities to perform the orders assigned to them.

4.0.10 Shall 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.

4.0.11 Shall carry themselves in a manner that reflects positively on ATF. Contractors shall present themselves in a professional manner, be neatly groomed and appropriately attired, such as business attire while conducting exams (Suit jacket/ sports coat and tie). Contractors shall promote a positive workplace environment. Contractors shall exhibit professional qualities during all periods of performance and absolute integrity is required and expected. Contractors shall conduct themselves professionally at all times.

Contractor

Shall provide a signed and dated resume or a letter of intent to fulfill the requirements of this contract with the required NCAA transcript. Fifteen (15) candidates shall be submitted with all the required information by the contractor for review and approval by the Government. The contractor must always have access to no less the 15 candidates at all times throughout the life of the contract. The contractor to save cost should find candidates close to the above locations to keep pricing down because all travel cost will be in the examiners projected cost per exam.

No Show is an Appointment cancelled by the Government Under 24 Hours prior to an Examination and when the Applicant does not arrive for the scheduled Polygraph Examination at all.

4.1 Background Investigation

Contractors must undergo and receive a favorably adjudicated, Federal background investigation (BI) as determined by the position’s sensitivity designation. The BI is to determine the contractor’s suitability to access ATF information, information technology (IT) systems and/or unescorted access to facilities.

This investigation will be conducted by or under the auspices of the ATF, Personnel Security Division (PSD) and be performed under such standards PSD may establish. If a contractor has a current BI with another agency, 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 adhere to ATF’s conduct and integrity guidelines and/or follow DOJ’s and/or ATF’s agency-specific qualifications may result in immediate disqualification of the contractor. Additionally, failure to complete the required personnel security forms and have a BI favorably adjudicated will result in disqualification. ATF must determine a favorable adjudication of the BI prior to the contractor gaining access to ATF information, IT systems and/or unescorted access to ATF’s facilities.

The Contractor may be authorized access to ATF information, IT systems and/or unescorted access to facilities with an approved temporary eligibility (TE) while awaiting the completion of the full BI. The ATF Contracting Officer’s Representatives may request a TE only after advising and gaining the concurrence of the contractor. Should, at any time, suitability or security issues are developed that cannot be resolved or mitigated, the contractor will no longer be granted continued access to ATF information, IT systems, and/or unescorted access to any ATF facility and will be removed from the contract/task order. (See ATF 04 Clause also)

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 shall complete the “Non-Disclosure for Access to Unclassified Sensitive Information” through the Bureau and/or Department approved training system. Contractors shall complete “Information Security Awareness with Acknowledgment of the Rules of Behavior” and “Introduction to National Security Information” on an annual basis.

Contractors shall 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 shall be completed as assigned.

Contractors shall be required to attend or complete periodic training online.

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, shall be protected, and only divulged on a need-to-know basis and shall not be disseminated to any parties outside of the ATF Polygraph Branch without prior approval and written consent. Sensitive information shall not be transmitted via unsecured email or Internet or disclosed to unauthorized parties. Contractors shall never furnish or divulge sensitive information contained in an investigation. Each contractor shall make every reasonable effort to protect the 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 shall 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 shall make every effort to safeguard information at all times.

The contractor shall 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 will furnish all the equipment and facilities necessary for the Contractor 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 ATF Polygraph Branch. All property assigned to contractors is considered accountable property and must only be returned, replaced, or transferred when coordinated with the ATF Polygraph Branch to ensure accurate property accountability. Contractors shall be required to respond and provide all property information (i.e., serial number, ATF assigned PINs, etc.) when requested by the ATF Polygraph Branch to ensure compliance for the annual mandated ATF inventory.

4.5 Credentials

All contractors tasked with performing duties associated with the Federal personnel security program may be issued official ATF credentials. Credentials should never be used for purposes other than conducting official investigations on behalf of ATF and shall never be used for personal gain. Credentials shall 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 ATF Polygraph Branch immediately, as well as the local police department. Credentialing may be issued at the behest of the Program Office.

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 three (3) years and a full update (new card) every five (5) years. If a contractor is no longer working under the auspices of this requirement, then the Contractor is required to return that individual’s PIV to the Program Manager within 24 hours, and access will be immediately rescinded.

5.0 Contractor Certification

Each contractor shall provide, in advance, a copy of their NCCA certification, a copy of their NCCA continuing education (CE) credits transcript, and a copy of their resume that clearly shows 5 years of experience working for an agency that used LEPET exams to the COR.

6.0 Place of Performance

The place(s) of performance are listed under “Locations” under Section 2.0, “Scope of Work.”

7.0 Period of Performance

The period of performance shall not exceed Base Year with Four (4) one (1) year options.

8.0 Travel

8.1 All travel shall be included in the overall price of each exam. Travel will be borne by the contractor per exam. (Pricing of the submitted pricing examinations shall be fully loaded to INCLUDE ALL TRAVEL COSTS. Travel will NOT be paid for any standard examination).

8.2 The only travel that might be required will be “outside” the standard examination requirement, like required internal meeting or mandatory ATF Training. This travel must be approved by the COR in advance. To be reimbursed for this type of travel, invoices, including travel expenses must provide a detailed breakdown of the actual expenditures invoiced.

Contractor shall maintain the original or legible copy of receipts for all travel expenses invoiced.

ATF reserves the right to request evidence of any travel expenses incurred.

9.0 Type of Contract. The resultant contract will be a single award Indefinite Delivery Indefinite Quantity (IDIQ) contract in accordance with both FAR Part 12, “Acquisition of Commercial Items, and FAR Part 15 “Contracting by Negotiation”.

10.0 Inspection and Acceptance

10.1 Inspection/Acceptance. Supplies or services delivered under this contract shall be inspected and accepted by the COR. The Contractor shall only tender for acceptance those items/services that conform to the requirements of this contract. The Government reserves the right to inspect or test services that have been tendered for acceptance in accordance with the appropriate inspection and acceptance clause.

10.2 The basis for acceptance shall follow the requirements objectives constraints set forth in the contract, and other terms and conditions of the contract. Deliverable items rejected shall be corrected in a timely manner.

10.3 Acceptance Criteria. The COR will review all draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance within the guidelines/requirements of the delivery order. The contractor shall ensure the accuracy and completeness of all deliverables. Errors, misleading or unclear statements, incomplete or irrelevant information, and or excessive rhetoric, repetition, and “padding”, shall be considered deficiencies and shall be subject to correction by the contractor, at no additional cost to the Government. The contractor shall make any noted corrections/revisions, within five business days, after government review and comment on deliverables. If the deliverable does not meet the noted criteria, the Government will return it.

10.4 Rejection Procedures. If the COR rejects any deliverable, that rejected document shall be handled in the following manner:

10.4.1 After notification that the deliverable did not meet the acceptance criteria, the Contractor shall resubmit an updated/corrected version within five (5) business days after receipt of Government comments.

10.4.2 Upon re-submission by the Contractor, the Government will reapply the same acceptance criteria. If the deliverable does not meet the acceptance criteria a second time, the Government might consider the Contractor as having deficient performance with respect to the subject task/subtask.

10.4.3 Any rework of rejected deliverables shall be completed at no additional cost to the Government.

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

11.0 Quality Control/Assurance

The COR shall 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. 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, terms of this contract, procedures and/or regulations shall 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 shall 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.

11.1 Quality Assurance Surveillance Plan (QASP)

See Attachment B – QASP.

11.2 Performance Measurements

11.2.1 Training

a. Maintain Current NCCA Certification and meet the NCCA continuing education and countermeasure training requirements.

11.2.2 Internal ATF Training must be completed timely.

b. As prescribed by the Bureau

i. Examples (such as training from JTMS (i.e., handling classified information)

11.2.3 Dress Code

a. Business Attire coat and tie.

11.2.4 NCCA Quality Assurance Program (QAP) Stated

a. Examiners must be certified by ATF (the owning agency)

i. Certification is approved via the Polygraph Branch

ii. The Polygraph branch notifies NCCA if the examiner is removed for whatever reason (not necessarily negative) from the agency

iii. Once the examiner has left service or stops conducting exams, the cert is removed

11.2.5 Quality Assurance Reviews

a. Audio Reviews

b. Customer Service

c. Conduct exams in a timely manner

d. Report Exams in a timely manner

e. Abide by Quality Control (QC) instructions and corrections

11.2.6 Comply with NCCA Federal Polygraph Examiner Handbook

11.2.7 Comply with ATF Polygraph Handbook

11.2.8 Examiner(s) must be readily available upon request by the COR. The contractor must also ensure their examiner(s) report on time promptly of the schedule time examine.

11.2.9 Competency Rate

a. Concur Rate of 90% or higher (collective average)

b. Conclusive Rate of 80% or higher (NCCA standard/collective average)

The Government will reserve the right to apply a 3% disincentive decrease in payment on any examination if the above measures are not met or exceeded. The Government will provide no more than three (3) warnings to the contractor to correct the above issues before implementing this disincentive. After measure are being met again, the 3% decrease will be removed.