15A00025R00000099.pdf

15A00025R00000099 Page 1 of 53

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

15A00025R00000099

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

10/27/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME brandon.hodnett@atf.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 202-648-7612 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

11/07/2025 15:00 ET

CODE 15A000

ATF - ACQUSITIONS MANAGEMENT DIVISION

Brandon Hodnett

99 NEW YORK AVE. NE

WASHINGTON, DC 20226

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

236118

SIZE STANDARD:

$33.5

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

X

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE 15A00016. ADMINISTERED BY

ATF - ACQUSITIONS MANAGEMENT DIVISION

Brandon Hodnett

99 NEW YORK AVE. NE

WASHINGTON, DC 20226

(O) 202-648-7612

(F) 2026489654 brandon.hodnett@atf.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

A404040CODE18a. PAYMENT WILL BE MADE BY

ATF - FINANCE BRANCH

99 New York Ave. NE, #4.S-288 Washington, DC 20226

Finance Branch

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

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Burn Cell Complex (Tear Out and Build In)

See attached Statement of Work (SOW) Firm Fixed Price

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Brandon C Hodnett

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

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Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) Section G Contract Administrtion Data

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

ATF-14 ELECTRONIC INVOICING

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-21 ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

ATF-32 TRASH REMOVAL

DOJ-05 Security of Department Information and Systems (OCT 2023) 52.202-1 Definitions (Nov 2013) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-7 System for Award Management (Oct 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.217-8 Option to Extend Services (Nov 1999) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.233-2 Service of Protest (Sept 2006) 52.243-1 Alt I Changes-Fixed-Price (Aug 1987) - Alternate I (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-9 Apprentices and Trainees (July 2005) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021)

4 List of Attachments Section J List of Documents, Exhibits and Other Attachments

5 Solicitation Provisions Section L Instructions, Conditions and Notices to Offerors or Respondents Section M Evaluation Factors for Award

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year: Single Burn Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2025 - 11/20/2026

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Base Year: Single Burn Cell (Build In)

PSC: Y1JZ

Line Period of Performance: 11/21/2025 - 11/20/2026

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Base Year: Single Flash Over Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2025 - 11/20/2026

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Base Year: Single Flash Over Cell ( Build In)

PSC: Y1JZ

Line Period of Performance: 11/21/2025 - 11/20/2026

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Base Year: Single Post Blast Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2025 - 11/20/2026

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Base Year: Single Post Blast Cell ( Build In)

PSC: Y1JZ

Line Period of Performance: 11/21/2025 - 11/20/2026

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Option Year 1: Single Burn Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2026 - 11/20/2027

Unexercised Option 1

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 Option Year 1: Single Burn Cell (Build In)

See SOW Page 4 Paragraph 2

PSC: Y1JZ

Line Period of Performance: 11/21/2026 - 11/20/2027

Unexercised Option 1

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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1003 Option Year 1: Single Flash Over Cell (Tear Out)

See SOW Page 3 Paragraph 4

PSC: Y1JZ

Line Period of Performance: 11/21/2026 - 11/20/2027

Unexercised Option 1

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1004 Option Year 1: Single Flash Over Cell ( Build In)

PSC: Y1JZ

Line Period of Performance: 11/21/2026 - 11/20/2027

Unexercised Option 1

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1005 Option Year 1: Single Post Blast Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2026 - 11/20/2027

Unexercised Option 1

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1006 Option Year 1: Single Post Blast Cell ( Build In)

PSC: Y1JZ

Line Period of Performance: 11/21/2026 - 11/20/2027

Unexercised Option 1

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Option Year 2: Single Burn Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2027 - 11/20/2028

Unexercised Option 2

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 Option Year 2: Single Burn Cell (Build In)

PSC: Y1JZ

Line Period of Performance: 11/21/2027 - 11/20/2028

Unexercised Option 2

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 Option Year 2: Single Flash Over Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2027 - 11/20/2028

Unexercised Option 2

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2004 Option Year 2: Single Flash Over Cell ( Build In)

See SOW Page 3 Paragraph 4

See attached Statement of Work (SOW)

PSC: Y1JZ

Line Period of Performance: 11/21/2027 - 11/20/2028

Unexercised Option 2

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2005 Option Year 2: Single Post Blast Cell (Tear Out)

See attached Statement of Work (SOW)

PSC: Y1JZ

Line Period of Performance: 11/21/2027 - 11/20/2028

Unexercised Option 2

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2006 Option Year 2: Single Post Blast Cell ( Build In)

See attached Statement of Work (SOW)

PSC: Y1JZ

Line Period of Performance: 11/21/2027 - 11/20/2028

Unexercised Option 2

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Option Year 3: Single Burn Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2028 - 11/20/2029

Unexercised Option 3

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 Option Year 3: Single Burn Cell (Build In)

See SOW Page 4 Paragraph 2

PSC: Y1JZ

Line Period of Performance: 11/21/2028 - 11/20/2029

Unexercised Option 3

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 Option Year 3: Single Flash Over Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2028 - 11/20/2029

Unexercised Option 3

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3004 Option Year 3: Single Flash Over Cell ( Build In)

PSC: Y1JZ

Line Period of Performance: 11/21/2028 - 11/20/2029

Unexercised Option 3

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3005 Option Year 3: Single Post Blast Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2028 - 11/20/2029

Unexercised Option 3

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3006 Option Year 3: Single Post Blast Cell ( Build In)

PSC: Y1JZ

Line Period of Performance: 11/21/2028 - 11/20/2029

Unexercised Option 3

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4001 Option Year 4: Single Burn Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2029 - 11/20/2030

Unexercised Option 4

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 Option Year 4: Single Burn Cell (Build In)

PSC: Y1JZ

Line Period of Performance: 11/21/2029 - 11/20/2030

Unexercised Option 4

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 Option Year 4: Single Flash Over Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2029 - 11/20/2030

Unexercised Option 4

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4004 Option Year 4: Single Flash Over Cell ( Build In)

PSC: Y1JZ

Line Period of Performance: 11/21/2029 - 11/20/2030

Unexercised Option 4

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4005 Option Year 4: Single Post Blast Cell (Tear Out)

PSC: Y1JZ

Line Period of Performance: 11/21/2029 - 11/20/2030

Unexercised Option 4

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4006 Option Year 4: Single Post Blast Cell ( Build In)

PSC: Y1JZ

Line Period of Performance: 11/21/2029 - 11/20/2030

Unexercised Option 4

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

5001 Repairs of Burn Cell

PSC: Y1JZ

Line Period of Performance: 11/21/2025 - 11/20/2030

1 LT $________ $_________________

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Section 3 - Contract Clauses

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

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Clause Title Fill-ins (if applicable)

52.242-15 Stop-Work Order (Aug 1989)

52.242-17 Government Delay of Work (Apr 1984)

52.202-1 Definitions (Nov 2013)

52.203-7 Anti-Kickback Procedures (May 2014)

52.203-17 Contractor Employee Whistleblower Rights and

Requirement To Inform Employees of Whistleblower

Rights (Apr 2014)

52.204-7 System for Award Management (Oct 2018)

52.204-9 Personal Identity Verification of Contractor Personnel

(Jan 2011)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec

2019)

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

2018)

52.217-8 Option to Extend Services (Nov 1999) fillin1: "30 days"

52.228-5 Insurance-Work on a Government Installation (Jan

1997)

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Clause Title Fill-ins (if applicable)

52.233-2 Service of Protest (Sept 2006) (a): "Brandon Hodnett"

52.243-1 Alt I Changes-Fixed-Price (Aug 1987) - Alternate I (Apr 1984)

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

Clauses By Full Text

Section G Contract Administrtion Data

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

The resultant contract will be administered by:

Department of the Justice Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Washington, DC 20226 Attn: Brandon Hodnett Mission Support Branch , Contracting Officer Work 202-648-7612 Email:Brandon.Hodnett@atf.gov

G.2 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract.

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

G.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

A COR will be designated on authority of the CO to monitor all technical aspects and assist in administering the contract.

The types of actions within the purview of the COR's authority are to assure that the Contractor performs the technical requirements of the contract; to perform, or cause to be performed, inspections necessary in connection with performance of the contract; to maintain both written and oral communications with the Contractor concerning the aspects of the contract within his/her purview; to monitor the Contractor's performance under the contract and notify the Contractor and CO of any deficiencies observed; and to coordinate Government furnished property availability and provide for site entry of Contractor personnel, if required.

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

BACKGROUND INVESTIGATION REQUIREMENTS (May 2010, Revised October 31, 2019)

Candidate Screening

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A. The Contractor shall be responsible for ensuring 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). It is the responsibility of the Contractor to provide 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 is in compliance 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 are 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 is in compliance with this ASQ.

a) The Candidate, his/her spouse, or his/her minor child who has a financial interest in a firearms or explosives entity must surrender the license/permit and/or the financial interest in the business prior to the Candidate entering on 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 once the Candidate enters 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 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 is in compliance 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, proof 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.

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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 is in compliance with this ASQ.

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

b) Federal law prohibits the possession of firearms, ammunition, and explosives by a person who has been 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 his/her U.S. citizenship.

c) Federal law prohibits the receipt of firearms and ammunition, and the receipt or possession of explosives, by a person who is 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 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 do not need to 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 he/she is 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 listed on the U.S. Collective Defense Arrangement Agreement approved countries list as defined by the Federal 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 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 is in compliance with the Selective Service Laws and this ASQ.

7. Homeland Security Presidential Directive (HSPD) 12. This Directive sets forth policy regarding completion of a Personal Identity Verification (PIV) check prior to the Candidate being provided a federally-issued identification card for access to a Federal building and access to Government IT systems.

a) There is not a PIV check form in the Candidate’s Personnel Security Package. ATF personnel will conduct the PIV check at a later date.

b) 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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c) The Contractor should advise the Candidate to locate the necessary forms of identification and/or documents in advance to assist in timely completing 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 is in compliance 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 is in compliance 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 Candidate’s employment eligibility cannot be verified by the Contractor, 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. Tentative Employment Offer or Confirmation that Employee is Already Employed by the Contractor. The Contractor must submit a copy of the Candidate’s tentative offer of employment or documentation which shows that the Candidate is already employed by the Contractor with the completed Personnel Security Package to the CO/COR.

H. Notification of Candidate Employment Reference Checks. The Contractor shall inform the Candidate that prior to being approved for access, ATF will conduct Employment Reference Checks for all of 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.

I. 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 forward the Personnel Security Package, along with a completed PSD Request Package to the PSD via email at PSDSubmitPSR@atf.gov or hard copy to 99 New York Avenue, Suite 1.E-300, Washington, DC 20226 for processing.

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.

J. 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 in order 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.

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K. 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 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.

L. 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 a temporary eligibility has been approved by the PSD.

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 be requested to submit another Candidate for consideration.

Reciprocity A. Criteria for Applying Reciprocity. In accordance with Executive Order 13488 and guidance from the Office of Personnel Management, 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. However,

a. The prior investigation must have been completed within the past 5 years; or

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

3. The Candidate has not had a break in Federal service of 24 months or more.

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

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

6. Issues identified in the prior BI are compatible 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;

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. In the event that 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.

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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 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 the 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. It is the responsibility of the Candidate to assume all monetary costs associated with such request.

Escorted Access in ATF Facilities

A. Determination That Only Escorted Access in ATF Facilities is Required. In those instances, where the Contractor believes that its employees 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 Contractor shall notify the CO/COR. The CO/COR will then apprise the PSD of the Contractor’s initial determination and provide the reasons for the determination. The PSD, in consultation with the CO/COR, will make the final determination whether the personnel security process will be conducted on the Candidate.

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 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 prior to the completion of the personnel security process.

Non-Disclosure Agreement for Access to Unclassified Sensitive Information

A. Agreement to Safeguard Unclassified Sensitive ATF 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 completing ATF F 8800.6, Non-Disclosure Agreement for Access to Unclassified Sensitive Information.

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 an addendum (A1) is included with this Contract, access to classified NSI may be authorized at the level outlined in the addendum.

B. Contract Modification 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 be modified to incorporate the addendum (A1) depending on the required access level.

Periodic Reinvestigations

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A. Contractor Personnel Must Undergo Periodic Background Reinvestigations. In accordance with the Federal Investigative Standards and the Department of Justice’s (DOJ) Contractor Security Requirements, DOJ 1700.01, once under contract with ATF, Contractor personnel are required to undergo a periodic background reinvestigation every 5 years.

B. Notification When Periodic Reinvestigation is Due. All ATF Contractor personnel will be contacted directly and/or through the ATF CO/COR by the PSD when they are due for their 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

A. Contractor personnel may be submitted into continuous evaluation (CE) programs (i.e., Federal Bureau of Investigation’s Rap Back, Office of Director of National Intelligence, or any other Federally approved program). CE 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.

National Security Information Access Security Requirements

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

2. 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).

1. The Contractor shall comply with the National Industrial Security Program Operating

Manual (NISPOM) for all work performed under this contract that involves access to classified materials.

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

2. 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

1. The type of security investigation required will be governed by the type of materials made available to the Contractor employee. Contractor employees that require access to classified materials will be processed through the NISP.

2. The Contractor will not be permitted to commence performance under this contract amendment until a sufficient number of its personnel, as determined by the COR and SPM staff, have received requisite NSI Clearances.

Access to Classified Materials

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

2. “Any non-US citizen shall not be authorized to access or assist in the development, operation, management, or maintenance of Department IT systems, unless a waiver has been granted by the Head of the Component, with the concurrence of the DOS and the CIO.”

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

1. Complete name;

2. Social security number;

3. Date of birth;

4. Type of background investigation;

5. Investigation Closed Date; and

6. Security clearance level.

1. For all new Candidates, the Contractor and the COR must submit a personnel security request to the Personnel Security Division in accordance with clause ATF-04 Personnel Security Requirements. If there is an urgent need to fill a position(s), the COR may submit a Request for Temporary Eligibility for a Sensitive Position.

2. The Contractor’s FSO shall provide certification on each individual and a letter validating each individual’s clearance to the SPM staff. The Contractor shall update this information as individuals are added or deleted from the contract.

3. 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.

Adjudication Standards

1. Prior to adhering to the requirements of the NISP, the Contractor shall submit a copy of the completed personnel security package to the SPM staff to ensure compliance with the DOJ and ATF Agency Specific Qualifications specified in the standard personnel security language.

2. In the event a contractor employee is not in compliance with the agency specific qualifications, the SPM staff will notify the COR and CO. The Contractor will be required to submit another name and personnel security package following the above guidelines.

(End of Clause)

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

In accordance with the clause entitled "Insurance - Work on a Government Installation" in Section I, insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract:

(a) Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(a).

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

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

ATF-14 ELECTRONIC INVOICING

ELECTRONIC INVOICING (Revised October 27,2008) The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically. Invoicing electronically saves time, money, and physical storage space for both the Government and the contractor.

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

Electronic invoices must be submitted to the ATF COTR/POC named in Section G of this contract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as the official original copy. The e-mail subject line must contain the name of the ATF COTR/POC named in Section G of this contract (i.e., John Doe Contract Invoice Oct 08). ATF will return to the vendor any invoices that do not contain the correct subject line information.

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

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

(End of Clause)

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

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

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

ATF-21 ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT

Title to all source data and materials furnished by the Government, together with all plans, designs, reports, materials, programs and documentation thereof and all other items pertaining to the work and services to be performed under orders pursuant to this contract shall become and remain with the Government upon completion. The Government shall have the full right to use each of these for its purposes without compensation or approval on the part of the Contractor. The Government shall have access to and the right to make copies of the above-mentioned items. All proprietary information, programs, etc. shall be indicated as such in the Contractor's proposal.