15A00024Q00000071 - Solicitation.pdf

15A00024Q00000071 Page 1 of 62

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

15A00024Q00000071

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/21/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Brian Palmer Brian.Palmer@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

202-648-7730

8. OFFER DUE DATE / LOCAL

TIME

06/04/2024 09:00 ET

CODE 15A000

ATF - ACQUISITIONS MANAGEMENT DIVISION

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

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):

334519

SIZE STANDARD:

600 Employees

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

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15A000CODE15. DELIVER TO

ATF-Fire Research Lab 6000 Ammendale Rd Beltsville, MD 20705

(O) (301) 517-5599

CODE 15A00016. ADMINISTERED BY

ATF - ACQUISITIONS MANAGEMENT DIVISION

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

WASHINGTON, DC 20226

Brian Palmer

(O) 202-648-7730 Brian.Palmer@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

The ATF has a requirement for the acquisition and installation of one (1) Calorimeter.

This is a total small business set-aside.

Evaluation: Lowest Price Technically Acceptable.

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

ARE X 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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Brian M Palmer

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

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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

15A00024Q00000071 Page 3 of 62

Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule

Section C Descriptions and Specifications Section G Contract Administration Data Section M Evaluation Factors for Award

2 Contract Clauses 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020)

ATF-01 ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION

508) (July 2019, Updated January 2021) ATF-04 ATF 04 Personnel Security Requirements (JAN 2024) ATF-09 NOTICE TO DELAY PERFORMANCE (June 1, 2007) ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS (July 19, 2007) ATF-11 ATF IDENTIFICATION (ID) MEDIA (Revised April 3, 2008)

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

TECHNOLOGY (IT) SYSTEMS (Revised May 31, 2007) ATF-13 INCORPORATION OF VENDOR TERMS AND CONDITIONS (Revised July 19, 2007) ATF-14 ELECTRONIC INVOICING (Revised October 27, 2008) ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS (Revised July 19, 2007)

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

INFORMATION

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-23 PRIVACY OR SECURITY SAFEGUARDS (August 1, 2007) ATF-24 COMPUTER SECURITY (Revised February 2020) ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised June 2021) ATF-27 INFORMATION RESELLERS OR DATA BROKERS (Revised July 24, 2008)

ATF-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-30 COMMON SECURITY CONFIGURATIONS (from PGD 11-08 dated April 11, 2011) ATF-32 TRASH REMOVAL (Revised November 9,2010)

ATF-36 EPEAT CLAUSE FOR NEW CONTRACTS FOR IMAGING EQUIPMENT AND

TELEVISIONS (from PGD 14-4 dated December 12, 2012) ATF-38 Representation Regarding Acquisition by Lease, Purchase or Otherwise of any Equipment or Software (November 2013) ATF-39 National Security Risk Assessment (November 2013)

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ATF-50 LIMITATIONS ON SUBCONTRACTING UNDER SMALL BUSINESS SET-ASIDES

(May 24, 2019) ATF-51 INDEPENDENT CONTRACTOR (March 9, 2021) ATF-52 INDEMNIFICATION CLAUSE (May 2021)

ATF-53 WHISTLEBLOWER INFORMATION FOR EMPLOYEES OF DOJ CONTRACTORS,

SUBCONTRACTORS, GRANTEES, SUBGRANTEES OR PERSONAL-SERVICES

CONTRACTORS (March 2021) ATF-55 Personnel Security Requirements for Contractor Employees (Nov 2021) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Feb 2024)

3 List of Attachments 4 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 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) 52.216-1 Type of Contract (Apr 1984) ATF-37 Representation Regarding Acquisition by Lease, Purchase or Otherwise of any Equipment or Software (November 2013)

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Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Calorimeter

PSC: 6636

Base Period

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Installation

PSC: 6636

Base Period

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Shipping

PSC: 6636

Base Period

1 EA $________ $_________________

Section C Descriptions and Specifications

ATF Fire Research Laboratory

Calorimeter Minimum Technical Specifications

CALORIMETER

Includes furnishing, delivering, installing, and validating operation of a cone calorimeter meeting the following technical specifications:

Data Acquisition (DAQ)

• Sufficient digital and analog inputs and outputs for all Cone Calorimeter measurement devices

• 16-bit analog input/output channel resolution

• Capable of at least 4 scans per second

• Capable of connecting to 64-bit laptop computer via either USB, ethernet, or providing adapter with viable connection interface

Control Software

• Control Software: Operating on a 64-bit operating system.

• Microsoft Windows compatible

• Copy of software installation files included with purchase for user to install on additional internal network computers.

• Individual instrument status display within software

• Calibration protocols for heat flux, C-factor, mass loss, exhaust flow, gas analyzers

• Data display during experimentation

• Data stored capable of accessing using Microsoft Excel

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Heat Flux Gauge

• Heat Flux gauge: Schmidt-Boelter gauge 0-100kW/m2 / NIST traceable.

Heater

• Heater: 5kW at 230V conical heater capable of heat flux up to 100kW/m2 measured 1 in below heater face over a surface area 10 cm square

• Monitored by multiple thermocouples controlled with PID controller.

• Computerized temperature adjustment for desired heat flux

Electrical System Inputs

• Electrical: 230V / Single phase

Exhaust System

• Stainless steel construction: hood, ducting, sample ring and orifice plate

• Variable speed exhaust fan capable of maintaining a nominal flow rate of 24 L/s (0.024m3/s)

• Thermocouple and differential pressure transducer for measurement of exhaust flow rate

Load Cell

• Accuracy to 0.01g

• Isolation of scale from vibrations in the rest of the system

• Total mass range of at least 6kg

Specimen Holders

• Stainless steel

• Accommodates specimens up to 10 cm x 10 cm x 50 mm thick.

• Retainer/Edge frame and grid provided with each sample holder.

Smoke Measurement System

• Helium-neon laser based light source.

• Primary and compensating beam photodiode detectors

• Absorptive type 0.3 OD and 0.8 OD calibration filters

• Computer calibration system

• Maximum extinction coefficient range: 20.00 -m

Calibration Burner

• Calibrated mass flow controller for setting fire size and measurement into DAQ.

• Computerized control of gas flow for calibration burns.

Gas Sampling System

• Stainless steel sample ring and transport lines at high temperature sections. Teflon suitable for lower temperature sections of sample line

• Hi-capacity sample diaphragm pump with stainless steel pressure heads.

• Flow control valves.

• Desiccant/sorbent in-line with the sample system

• Cold trap

• Peltier Gas Cooler (heat exchanger)

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• Dew Point stability to within 0.1 deg C

• Nominal cooling capacity 100kJ/h

• Gas Analyzer: Siemens Oxymat/Ultramat 6

• Equipped with auto-calibration feature of the gas analyzers.

• Siemens Oxymat for Oxygen paramagnetic measurement

• Pressure compensated paramagnetic analyzer.

• Less than 100 ppm drift and noise for O2 analyzer

• 0-100% O2 range

• Computerized calibration and scaling

• Ultramat for CO/CO2 IR measurement

• Non-dispersive IR

• 0-10% CO2 range

• 0-1% CO range

• Computerized calibration and scaling

Test Compatibility

• Compatible with ASTM 1354 and ISO 5660 Parts 1 and 2

Accessories

• 10 sample holders

• 100 PMMA samples with manufacturer reference results data sheet

Warranty

• At least a 1-year warranty to fix any defective equipment and a guarantee to ensure the unit is meeting the manufacturer specification to the standards and complies with verification test check (PMMA samples).

INSTALLATION (INCIDENTAL)

a. Prepare site for installation in coordination with ATF building engineers and laboratory engineers.

b. Install Cone Calorimeter on-site, including connecting all gas, electrical and water supplies.

c. Install operating software for Cone Calorimeter operation and data collection.

d. Test new system for proper operation. Verify that Cone Calorimeter C-factors are within specifications and PMMA test falls within manufacturer specifications.

Section G Contract Administration Data

Government Technical Representative: Jason Dress / jason.dress@atf.gov Contracting Officer: Brian Palmer / brian.palmer@atf.gov.

Section M Evaluation Factors for Award

Quotations will be evaluated using "Lowest Price Technically Acceptable" procedures.

To be technically acceptable, a contractor must provide a quote for 1ea Calorimeter that meets the minimum technical requirements.

See "Attachment 1 - Evaluation Methodology".

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Section 2 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

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

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR

Deviation) (NOV 2020)

2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC

2014)

2852.233-70 Protests Filed Directly with the Department of Justice

(NOV 2020)

Clauses By Full Text

ATF-01 ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION 508) (July 2019, Updated January 2021)

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Each Electronic and Information Technology (EIT) product furnished under this contract shall meet the Electronic and Information Technology Accessibility Standards (36 CFR 1194).

Submission of a Voluntary Product Accessibility Template (VPAT) following the guidelines described at www.section508.gov/sell/ vpat is required. Alternative formats or certifications may be used only when approved by the Contracting Officer. VPAT(s) must be provided to the Contracting Officer prior to contract award.

(End of Clause)

ATF-04 ATF 04 Personnel Security Requirements (JAN 2024)

ATF 04 PERSONNEL SECURITY REQUIREMENTS (JAN 2024)

Candidate Screening A. The Contractor shall ensure that all potential Contractor employees (Candidates) assigned hereunder undergo ATF’s personnel security process to determine their eligibility for access to ATF information, information technology (IT) systems, and/or unescorted access to ATF facilities.

B. The personnel security process will be conducted by or under the auspices of the Personnel Security Division (PSD), Office of

Professional Responsibility and Security Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The Contractor is responsible for providing a Personnel Security Package to the Candidate to complete. Once completed, the Candidate must return the

Package to the Contractor so that the Candidate may be screened by the Contractor.

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

Contractor will make a preliminary determination whether the Candidate possesses a personal history that complies with ATF’s

Agency Specific Qualifications (ASQs).

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

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

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

ATF information, IT systems, and/or unescorted access to ATF facilities. ASQs include:

1. Drug Policy. ATF applies a specific policy to the Candidate’s past and present illegal drug activities to determine whether the

Candidate is in compliance with this ASQ. This internal policy is applied to the Candidate’s responses on ATF F 8620.12, Drug

Activity Questionnaire, completed as part of the Personnel Security Package.

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

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

2. Financial Interests in Regulated Industries. Title 5, Code of Federal Regulations, Section 3801.107 states, “…no employee of the

ATF, or spouse or minor child of an ATF employee, shall have, directly or indirectly, any financial interest, including compensated employment, in the alcohol, tobacco, firearms or explosives industries." (This includes being listed as a responsible person on a

Firearms License or an Explosives License or Permit.) This regulation is applied to the Candidate’s responses on ATF F 8620.44, Licensing Questionnaire, completed as part of the Candidate’s Personnel Security Package, and ATF licensing records to determine if the Candidate complies with this ASQ.

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

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

3. Financial Responsibilities. The DOJ provides specific regulations and policies relating to a Candidate’s financial obligations and delinquent debts. These regulations and policies are applied to the Candidate’s responses on ATF F 8620.28, Financial History

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Questionnaire (completed as part of the Personnel Security Package), credit reports/financial data obtained by ATF, and the sensitivity level of the position for which the Candidate is being considered to determine if the Candidate complies with this ASQ.

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

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

4. Prohibited Persons. ATF applies a specific policy to Candidates relating to an individual’s prohibition from possessing or receiving firearms, explosives, and/or ammunition. This policy, based on the prohibitions outlined in the Gun Control Act (18 U.S.C. Chapter

44) and Importation, Manufacture, Distribution, and Storage of Explosives Materials (18 U.S.C. Chapter 40), is applied to the

Candidate’s responses to ATF F 8620.57, Prohibited Persons Questionnaire (completed as part of the Personnel Security Package).

ATF will conduct law enforcement and court record checks to determine whether the Candidate complies with this ASQ.

a) Federal law states that it is unlawful for a person convicted of a misdemeanor crime of domestic violence or has a qualifying order of protection against them to possess a firearm or ammunition. The law prohibits these persons from shipping, transporting, or receiving firearms them ammunition.

b) Federal law prohibits the possession of firearms, ammunition, and explosives by a person convicted of a crime punishable by a term of imprisonment exceeding one year; is a fugitive from justice; is an unlawful user of, or addicted to, a controlled substance; has been adjudicated as a mental defective or committed to a mental institution; is an alien illegally or unlawfully in the United States; is an alien who has been admitted to the United States under a nonimmigrant visa (with certain exceptions); has been discharged from the military under dishonorable conditions; or has renounced them U.S. citizenship.

c) Federal law prohibits the receipt of firearms and ammunition and the receipt or possession of explosives by a person under indictment for a crime punishable by a term of imprisonment exceeding one year.

5. Residency and Citizenship Requirements. The DOJ has specific requirements relating to a Candidate’s residency status and citizenship, including that non-U.S. citizens shall not be authorized access to IT systems. Compliance with this ASQ is determined by identifying the Candidate’s residency status and citizenship through a review of the Candidate’s responses to ATF F 8620.58, Residency and Citizenship (completed as part of the Personnel Security Package); review of the Candidate’s Personally Identifiable

Information (PII); determination regarding the type of position applied for by the Candidate; and verification whether the Candidate requires computer access.

a) Residency Requirements. For 3 of the last 5 years, the Candidate must have either resided in the United States, worked for the

United States in a foreign country in a Federal or military capacity, and/or been a dependent of a Federal or military employee in a foreign country. (The 3 years need not be consecutive; they may be cumulative during the past 5 years.)

b) Citizenship Requirements. The Candidate must be able to provide proof of U.S. citizenship or proof that they are a foreign national legally permitted to reside in the U.S. in order to work on an ATF contract and gain access to ATF information and/or unescorted access to ATF facilities. (Acceptable Department of Homeland Security Credentials to prove immigrant status or employment authorization are listed on Form I-9, Employment Eligibility Verification.)

1) Foreign nationals’ country of citizenship must be on the approved countries list as defined by the Federal Personnel Vetting

Investigative Standards or superseding regulations.

2) Candidates who are non-U.S. citizens may not be authorized access to or assist in the development, operation, management or maintenance of ATF IT systems unless temporary eligibility has been approved by the ATF Director, with the concurrence of the DOJ

Chief Information Officer and the Department Security Officer.

6. Selective Service. Although there are a few exceptions, the Military Selective Service Act requires all male U.S. citizens born after December 31, 1959, who are 18 years old but not yet 26 years old to register with the Selective Service. Male Candidates should access https://www.sss.gov/ to verify that they are registered with the Selective Service. This requirement is applied to male

Candidates’ responses on Optional Form (OF) 306, Declaration for Federal Employment. ATF will also conduct a Selective Service query to determine whether the Candidate complies with the Selective Service Laws and this ASQ.

7. Homeland Security Presidential Directive 12 (HSPD-12). This Directive sets forth policy regarding the completion of a Personal

Identity Verification (PIV) check prior to the Candidate being provided a federally-issued identification card for a Federal building and access to Government IT systems.

a) When requested by an ATF representative, the Candidate must be able to present (in person for viewing) two forms of original, unexpired government-issued identification in accordance with HSPD-12 requirements (e.g., raised seal birth certificate or current passport, along with a current driver’s license or state-issued photo identification card). Copies of the forms of identification and/or unexpired documents are not acceptable.

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b) The COR or other approved ATF representative must complete a PIV check form and submit it along with the Personnel Security

Package to the PSD.

c) The Contractor should advise the Candidate to locate the necessary forms of identification and/or documents in advance to assist in timely completion of this part of the personnel security process.

E. Contractor’s Preliminary Determination of Employment Eligibility. The Contractor must make a preliminary determination whether the Candidate complies with the ASQs after reviewing the Candidate’s completed Personnel Security Package.

1. When a Contractor determines that a Candidate is not in compliance with one or more of the ASQs, the Contractor should not submit the Candidate’s Personnel Security Package for personnel security processing and should identify a new Candidate for consideration.

2. When a Contractor makes an initial determination that the Candidate complies with the ASQs, the Contractor should follow the below guidance relating to the E-Verify Program, Tentative Employment Offer, and Employment References. Once the Contractor completes these responsibilities, the Contractor shall submit the Candidate’s Personnel Security Package to the CO/COR.

F. E-Verify Program. Once the Contractor makes a preliminary determination that the Candidate is in compliance with ATF ASQs, the Contractor must access the Department of Homeland Security’s E-Verify Program to verify the Candidate’s U.S. employment eligibility, regardless of the Candidate’s citizenship status. If the Contractor cannot verify the Candidate’s employment eligibility, the

Candidate’s Personnel Security Package shall not be forwarded to the CO/COR.

1. Contractors must register for access to the E-Verify Program on-line at https://www.vis-dhs.com/employerregistration/.

This website provides instructions to employers on completing a Memorandum of Understanding required for official registration in the E-Verify Program.

2. Contractors requesting additional information about the Program can visit the E-Verify website at www.dhs.gov/E-Verify or call the

E-Verify Program office at 1-888-464-4218.

G. Notification of Candidate Employment Reference Checks. The Contractor shall inform the Candidate that before being approved for access, ATF will conduct Supervisory Employment Reference Checks for all the Candidate’s employments during the past 2 years if the Candidate is being submitted for a Temporary Eligibility determination. In addition, Contractors shall advise Candidates that employment records may be reviewed for all employments during the past 5 years if a background investigation (BI) is conducted.

H. Personnel Security Processing. Upon completion of the Candidate screening, the Contractor shall forward the Personnel Security Package to the CO/COR. The CO/COR will review the entire Package for completeness. The CO/COR will then electronically submit the Candidate along with all applicable personnel security forms to the PSD through PSD’s Case Management System. The Candidate must submit his/her fingerprint cards to the PSD via commercial mail carrier to 99 New York Avenue, Suite 1.E-300, Washington, DC 20226 for processing.

Note: the personnel security process will not begin until a full package is submitted to include fingerprint cards.

1. Costs and fees associated with the Candidate screening (including fingerprinting) incurred by the Contractor or Candidate will not be reimbursed by the Federal government.

2. If a full BI is required, it may be a lengthy process to complete, depending on the complexity of the BI.

3. To the extent practicable, the Contractor is encouraged to fill all positions with Candidates who have a current favorably adjudicated Federal BI that meets or exceeds the level of investigation required for the position. This may allow reciprocity of the

Candidate’s prior BI which could expedite the personnel security process.

I. Pre-Employment Screening (PES). The PSD will conduct a pre-employment screening (PES) on all Candidates, including those being considered for reciprocity. This screening is a thorough review, and expanded analysis, if necessary, of the Candidate’s compliance with the Federal requirements and ASQs.

1. A favorable PES determination must be made to continue with the personnel security process.

2. If an unfavorable PES determination is made, the personnel security process will be terminated; the CO/COR will be notified; and the Contractor may be requested to submit another Candidate for consideration.

J. Adjudication of the Candidate’s BI. Once the BI has been completed, the PSD will adjudicate the BI by applying the suitability standards under 5 CFR, Part 731, Federal adjudicative guidelines and ASQs. The PSD will then make a favorable or unfavorable adjudicative determination on whether to grant the Candidate access to ATF information, IT systems, and/or unescorted access to ATF facilities. The PSD will advise the CO/COR, who, in turn, will advise the Contractor of ATF’s adjudicative determination.

K. Authorized Access to ATF Information, IT Systems, and/or Unescorted Access to ATF Facilities. A Candidate shall not be granted access to unclassified sensitive ATF information, IT systems, and/or unescorted access to ATF facilities until a favorable adjudicative determination has been made or temporary eligibility has been approved by the PSD.

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Request for Temporary Eligibility to Hold a Sensitive Position

A. Conditions for Requesting Temporary Eligibility. To satisfy urgent ATF staffing needs, the CO/COR may request temporary eligibility of the mandatory pre-employment BI for a Candidate requiring access to ATF information, IT systems, and/or unescorted access to ATF facilities.

B. Submitting a Request for Temporary Eligibility. After justifying the need for temporary eligibility and obtaining all of the necessary approvals, the CO/COR will prepare an ATF F 8620.69, Request for Temporary Eligibility to Hold a Sensitive Position and submit it along with the completed ATF Forms 8620.33, Employment Reference, for each of the Candidate’s employments during the past 2 years. The CO/COR is responsible for conducting all reference checks unless a CO/COR receives prior approval from the PSD to designate another individual to conduct the reference checks.

C. Advantages/Disadvantages of Obtaining Temporary Eligibility. An approved temporary eligibility will allow the Candidate to begin the ATF assignment prior to the completion of the BI. However, if derogatory information develops during the course of the

Candidate’s BI, access to ATF information, IT systems, and/or unescorted access to ATF facilities will be rescinded. The Contractor may submit another Candidate for consideration.

Reciprocity A. Criteria for Applying Reciprocity. In accordance with Executive Order 13488, guidance from the Office of Personnel Management and Security Executive Agent Directive 7 issued by the Office of the Director of National Intelligence, ATF may apply reciprocity to a prior favorably adjudicated Federal BI. In order for reciprocity to be applicable, all of the following criteria must be met:

1. The Candidate is a current ATF employee, an applicant for an ATF position, or being considered for a non-ATF personnel position.

2. A favorably adjudicated BI was conducted and meets or exceeds the position sensitivity level of the investigation required for the position.

3. If the Candidate is currently enrolled in a Continuous Evaluation/Continuous Vetting program, reciprocity can be applied regardless of when the prior reciprocal BI was completed.

4. If the Candidate is not enrolled in a CE/CV program, the prior reciprocal investigation must have been completed within the past 5 years; or

5. If the Candidate has an active security clearance (regardless of level), the investigation must have been completed within the past 7 years.

5. The Candidate has not had a break in Federal service of in accordance with the Personnel Vetting – Transfer of Trust scenario.

6. The favorable adjudication was based on the criteria in 5 CFR 731, or equivalent.

7. No new issues have been identified since the favorable adjudication.

8. Issues identified in the prior BI do not have a direct nexus with the core duties of the new position, suitability standards, adjudicative guidelines, ASQs, and ATF’s mission.

B. Personnel Security Process When Applying Reciprocity. If reciprocity is applicable:

1. The Candidate’s Personnel Security Package must still be submitted to allow the PSD to conduct a pre-employment screening/ evaluation of ATF’s ASQs; and

2. A Request for Temporary Eligibility to Hold a Sensitive Position will not be processed.

Denial or Disapproval of Access to ATF Information, IT Systems, and/or Unescorted Access to Facilities

A. Notification to CO/COR. If a Candidate is denied or disapproved for access to ATF information, IT systems, and/or unescorted access to ATF facilities due to issues found during the BI, the PSD will notify the CO/COR.

B. Notification to Contractor. The CO/COR will notify the Contractor when a Candidate’s access is denied or disapproved; and the

CO/COR may request that the Contractor provide another Candidate for consideration.

Privacy Act Requests A. Request for a Copy of a BI File. Once the PSD makes a favorable or unfavorable adjudicative determination, a Candidate may receive a copy of his/her BI file by submitting a written Privacy Act request. The request must be addressed to:

Disclosure Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 99 New York Avenue, NE, Suite 4E-301, Washington, DC 20226.

B. Monetary Costs Associated with Privacy Act Request. The Candidate is responsible for assuming all monetary costs associated with such request.

Escorted Access in ATF Facilities

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Determination That Only Escorted Access in ATF Facilities is required. In those instances where the Contractor, CO or COR believes that a Candidate will only require escorted access in ATF facilities and will not need unescorted access to ATF facilities or access to any unclassified sensitive ATF information or IT systems, the PSD should be notified of the initial assessment along with documentation with the reasons for the for the determination. The PSD, in consultation with the CO/COR, will make the final determination on whether the personnel security process will be conducted on the Candidate or if escorted procedures can be authorized.

Note: Escorted procedures are only permitted for intermittent access to ATF facilities, and when there will be no access to ATF information or IT systems (i.e., Xerox mechanic, shredding company/vending machine personnel, etc.)

B. Police Check Inquiries for Candidate’s with Escorted Access in ATF Facilities. When the PSD determines that the Candidate will only require escorted access to ATF facilities and/or ATF construction sites, or will only be provided with access to low-risk, non-sensitive ATF information (e.g., information that does not adversely affect the conduct of Federal programs or the privacy to which individuals are entitled), the Candidate will undergo a criminal history check (police check inquiry) in lieu of the personnel security process.

1. ATF’s Physical Security Programs Branch or the respective ATF field division/office is responsible for conducting police check inquiries and making a favorable or unfavorable determination whether to grant the Candidate escorted access to ATF facilities.

2. A police check inquiry is a separate procedure from the personnel security process and cannot be used as a substitution for the process; or as a temporary measure to grant access before the completion of the personnel security process.

Non-Disclosure Agreement for Access to Unclassified Sensitive Information A. Agreement to Safeguard Unclassified Sensitive ATF Information, also referred to as Sensitive But Unclassified information or

Controlled Unclassified Information. All Candidates are required to formally acknowledge their obligation to safeguard unclassified sensitive ATF information and their understanding of the penalties imposed for making an unauthorized disclosure of such information.

B. Acknowledgement of Agreement. Candidates make this acknowledgement promptly after entering on duty by completing a certification through ATF’s Justice Talent Management System (JTMS) or ATF F 8800.6, Non-Disclosure Agreement for Access to

Unclassified Sensitive Information.

Self-Reporting Requirements

A. All contractor employees must comply with DOJ Policy Statement 1700.04, Department Personnel Security Reporting Requirements.

B. All contractor employees must complete the Self-Reporting Requirements for All Contractor Personnel certification. The PSD must retain a copy of this certification in the contractor employee’s security file.

C. Contractor employees must self-report all arrests and allegations of misconduct (on or off duty).

D. All reports must be submitted through DOJ’s Justice Security Tracking and Adjudication Reporting System iReport module.

Contractor employees without access to iReport must use a hard copy reporting form provided by the COR or by requesting a copy from the PSD.

E. Additional reporting requirements are applicable for contractor employees who have access to National Security Information (NSI). See addendum A1, if applicable.

Reportable Activities of Other Covered Personnel

To ensure the protection of classified information or other information specifically prohibited by law from disclosure, covered personnel who occupy national security positions or sensitive positions, regardless of whether a clearance has been granted, must alert the PSD to reportable activities of other covered personnel that may be of potential security or counterintelligence concerns. Those activities include:

A. An unwillingness to comply with rules and regulations or to cooperate with security requirements.

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B. Unexplained affluence or excessive indebtedness.

C. Alcohol abuse.

D. Illegal use or misuse of drugs or drug activity.

E. Apparent or suspected mental health issues where there is reason to believe the issues may impact the individual’s ability to protect classified information or other information specifically prohibited by law from disclosure.

F. Criminal conduct.

G. Any activity that raises doubts about whether another covered person’s continued eligibility is clearly consistent with the interests of national security.

H. Any misuse of U.S. Government property or information systems.

Periodic Reinvestigations

A. Periodic Reinvestigation Requirement. Until such time as individuals occupying Public Trust positions are enrolled into a CE/CV program, they must undergo periodic reinvestigations in accordance with the 2012 Federal Investigative Standards and the Department of Justice’s (DOJ) Contractor Security Requirements, DOJ 1700.01. Periodic background reinvestigations are required at least every 5 years.

B. Notification When Periodic Reinvestigation is due. The PSD will contact Contractor personnel directly or through the ATF CO/

COR when they are due for reinvestigations. Contractor personnel must comply with all reinvestigation requirements and requests.

C. Failure to comply with reinvestigation requirements may result in termination of access to ATF information, IT systems and/or facilities and therefore have a negative effect on the individual’s ability to provide services to ATF.

Continuous Evaluation/Continuous Vetting A. Contractor personnel may be submitted into Continuous Evaluation (CE)/Continuous Vetting (CV)programs (i.e., Federal Bureau of Investigation’s Rap Back, Office of Director of National Intelligence, or any other federally approved program). CE/CV allows agencies to continuously monitor contractor personnel for criminal activities, civil actions and/or other conduct that may raise concerns regarding the contractor personnel’s continued suitability for contract employment with ATF.

Eligibility to Access Classified National Security Information (NSI)

A. Addendum to Contract to Authorize Access to Classified NSI. This Contract, in and of itself, does not authorize a Candidate access to classified NSI. However, if clause ATF-04_A1 is included with this Contract, access to classified NSI may be authorized at the level outlined in the addendum.

B. Contract Language to Include Access to Classified NSI. If the Contractor, CO or COR believe that access to NSI is required after the contract is awarded, the PSD will assess the requirements and determine if access to NSI is required and at which level (Secret, Top Secret, or Top Secret – Sensitive Compartmented Information). If the PSD determines that access to NSI is required, the contract must include clause ATF-04_A1. If the Contract has already been awarded and access to NSI is later required, the Contract must be modified to include the applicable language access to NSI can be authorized.

Contract Modification(s)

ATF reserves that right to update ATF Clause ATF-04 at any time when new Federal requirements or other regulatory guidance is issued.

If the contractor will require access to classified information, systems, or facilities, the Contracting Officer must complete fill-in below under ATF-04_ Addendum 1 - National Security Information Access Security Requirements for access to NSI must be included and marked with the appropriate level of access (Secret, Top Secret and/or Sensitive Compartmented Information (SCI) or facility (SCIF).

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ATF-04_ Addendum 1 - National Security Information Access Security Requirements

This language serves as an addendum to the existing personnel security language to ATF-04. The purpose of the additional language is to implement National Industrial Security Program (NISP) requirements.

The work to be performed under this contract amendment will involve potential access to classified materials, National Security Information (NSI), at the level of [select only one]:

(1) __ SECRET.

(2) __TOP SECRET.

(3) __ TOP SECRET, SENSITIVE COMPARTMENTED INFORMATION (SCI).

The Contractor shall comply with the NISP Operating Manual (NISPOM) for all work performed under this contract that involves access to classified materials.

Duplication or disclosure of the data and other information to which the Contractor employee may have access as a result of this contract is prohibited by Public Law and is subject to criminal penalties.

For the purposes of this amendment, the definition of Security Program Manager (SPM) staff is the Personnel Security Division.

Contractor Facility

The Contractor shall possess a Defense Industrial Security Clearance Office (DISCO) Defense Industrial Security Clearance Facility Code and a Top-Secret Facility Clearance to fully perform this contract. The Contractor must provide proof of maintenance of the Facility Clearance requirement to the Contracting Officer (CO) on an annual basis.

Contractor Personnel

The type of security investigation required will be governed by the type of materials made available to the Contractor employee or facilities in which they need access. Contractor employees that require access to classified materials/facilities will be processed through the NISP.

Access to Classified Materials

Contractor employees requiring access to classified materials will be categorized at the appropriate sensitivity level.

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Immediately after contract award, the Contractor’s Facility Security Officer (FSO) shall furnish to the COR a list of all contractor employees working under this contract that are proposed to have access to NSI. The list shall include for each individual:

A. Complete name;

B. Social security number;

C. Date of birth;

D. Type of background investigation;

E. Investigation Closed Date; and

F. Security clearance level.

The COR shall provide the list to the PSD. Additionally, the Contractor’s FSO shall provide a clearance certification on each individual validating each individual’s clearance to the COR whom must submit to the PSD.

The Contractor shall update this information as individuals are added or deleted from the contract. The Contractor will not be permitted to access to NSI until clearances are granted and clearance certifications are submitted to the ATF/PSD.

Contractor employees are required to take ATF’s online course entitled “Introduction to National Security Information” on an annual basis. Failure to complete the aforementioned course within the allotted timeframe could result in the termination of the Contractor employee.

Self-Reporting Requirements

In accordance with ATF Clause 04, all contractor employees must acknowledge and agree to comply with DOJ Policy Statement 1700.04, Department Personnel Security Reporting Requirements.

All Contractor employees must self-report all arrests and allegations of misconduct (on or off duty). Contractor employees must also report in accordance withtheir Contractor’s and Defense Security Services self-reporting policy. Additionally, the following activities must be reported as applicable based on level of clearance.

SECRET CLEARANCE

A. Unofficial foreign travel as detailed below.

B. Attempted elicitation, exploitation, blackmail, coercion, or enticement to obtain classified information or information specifically prohibited by law from disclosure, regardless of means.

C. Media contact, other than for official purposes, where the media seeks access to classified information or other information specifically prohibited by law from disclosure, whether or not the contact results in an unauthorized disclosure.

D. Any bankruptcy or any financial delinquencies over 120 days past due.

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E. Any alcohol or drug-related addiction or treatment.

F. An application for, and receipt of, foreign citizenship.

G. An application for, or possession or use of, a foreign passport or identity card for travel.

H. Unofficial contact with a known or suspected foreign intelligence entity.

I. Continuing association with known foreign nationals that involves bonds of affection, personal obligation, intimate contact, or any contact with a foreign national that involves the exchange of personal information.

1. This reporting requirement is based on the nature of the relationship regardless of how or where the foreign national contact was made or how the relationship is maintained (e.g., via personal contact, telephone, postal system, or internet).

2. Following initial reporting, updates regarding continuing unofficial association with known foreign nationals are required only if, and when, there is a significant change in the nature of the contact.

TOP SECRET

A. Unofficial foreign travel as detailed below.

B. Attempted elicitation, exploitation, blackmail, coercion, or enticement to obtain classified information or information specifically prohibited by law from disclosure regardless of means.

C. Media contacts, other than for official purposes, where the media seeks access to classified information or other information specifically prohibited by law from disclosure, whether or not the contact results in an unauthorized disclosure.

D. Financial anomalies, including, but not limited to, bankruptcy; garnishment; delinquency of over 120 days on any debt; and any unusual infusion of assets of $10,000 or greater, such as an inheritance, winnings, or similar financial gain.

E. Foreign national roommate(s): Any foreign national who co-occupies a residence for more than 30 calendar days.

F. Cohabitant(s).

G. Marriage.

H. Any alcohol or drug related addiction or treatment.

I. An application for, and receipt of, foreign citizenship.

J. An application for, or possession or use of, a foreign passport or identity card for travel.

K. Foreign Activities:

1. Direct involvement in foreign business.

2. Foreign bank account(s).

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3. The ownership of foreign property.

4. Voting in a foreign election.

5. The adoption of non-U.S. citizen children.

6. Unofficial contact with a known or suspected foreign intelligence entity.

7. Continuing association with known foreign nationals that involves bonds of affection, personal obligation, intimate contact, or…