Attachment A-SOW-v20240627.pdf

STATEMENT OF WORK

BUREAU OF ALCOHOL, TOBACCO,

FIREARMS AND EXPLOSIVES

OFFICE OF HUMAN RESOURCES AND PROFESSIONAL DEVELOPMENT

FIREARMS IDENTIFICATION & INVESTIGATIONS TRAINING INSTRUCTOR

06/27/24

1.0 INTRODUCTION

1.1 Background

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a law enforcement agency within the United States Department of Justice (DOJ). ATF is dedicated to the reduction of violent crime and the protection of our nation. ATF is responsible for the investigation and prevention of crimes that involve the unlawful use, manufacture, sale, trafficking and possession of firearms, illegal use, and storage of explosives; acts of arson and bombings; acts of terrorism; and illegal trafficking of alcohol and tobacco products. ATF regulates the firearms and explosives industries from manufacture and/or importation through retail sale, and leverages partnerships to enhance its business in regulatory, law enforcement, training, and forensic mission areas. The commitment and skills of ATF’s employees are required to accomplish the Bureau’s critical mission.

The Human Resources Professional Development (HRPD). The (HRPD) administers human capital management processes for the Bureau. HRPD’s mission is to cultivate a diverse workforce ready for the challenge of reducing violent crime by recruiting qualified individuals, retaining valuable employees, and equipping all employees with the knowledge and skills they need for their current and future Bureau positions.

The ATF National Academy, provide comprehensive basic law enforcement and industry operations training to newly hired special agents and industry operations investigators (IOI).

They work to ensure that the ATF National Academy functions are optimally aligned and are mission-focused, cost-effective, and responsive to internal and external customers.

In support of ATF’s Strategic Plan and mission objectives, HRPD is dedicated to supporting

Federal, State, and local law enforcement, through the dissemination of ATF’s unique knowledge and expertise to reduce violent crime, collect revenue and protect the public.

2.0 Scope

The ATF National Academy has several responsibilities with regard to the assessment, design, delivery, and evaluation of innovative training programs to facilitate a creative learning environment that fosters continuous new and current employee development and create an adaptable workforce capable of meeting current and future mission requirements.

The purpose of this requirement is for Firearms Identification and Investigations Training

Instructions for ATF and the Department of Justice (DOJ). ATF anticipates 37 days per year for the training classes. This requirement shall be administered as a single award Blanket

Purchase Agreement (BPA).

ATF is not obligated to select an instructor to teach a specified course or to continue to use an instructor following contract award.

The selection of an instructor under the contract is within ATF’s discretion and authority and is not subject to protest or dispute procedures.) Instructor must possess unique experience, education, and training qualifications in Firearms Identification & Investigations to deliver both Basic and Advanced Training in furtherance of ATF’s Criminal Enforcement Mission.

3.0 Objective

The primary objective of this procurement is to acquire Firearms Identification and

Investigations Training Instructor to meet ATF’s Criminal Enforcement Mission for ATF and

DOJ.

4.0 QUALIFICAITONS, EXPERIENCE, EDUCATION, AND TRAINING.

1. Minimum of ten years law enforcement experience with maximum experience in the subject area to be instructed.

2. Must have a bachelor’s degree from an accredited college or university (Provide a copy with proposal).

or a high school education with a diploma or a GED equivalency certificate and an additional 5 years of general law enforcement/or forensic related experience (for a total of 15 years of experience) may be substituted for a bachelor’s degree.

4.1. Instructor Qualifications

Attachment A details the recommended core instructor qualifications required to support ATF and provides a detailed description of instructor qualifications by knowledge area.

Generally, there are a limited number of Instructors required for each SABT program, and the topics usually require specific and advanced knowledge, training, experience, and education in a variety of topics related to criminal enforcement and law enforcement training.

4.2 Qualifications (Experience, Education and Training): Instructor should provide a summary detailing an overview of the experience, education, and training background as it relates to the SOW and the proposed benefits they can provide to ATF as a Training

Instructor. The instructor must provide a copy of his/her resume or professional curriculum vitae detailing qualifications. Instructor who is qualified to teach in several subject areas should identify the applicable area prominently in the title of the resume. Individual documentation may be submitted for multiple subject areas if the instructor’s qualifications match the ATF requirements for both.

Each instructor must be required to provide their approach to maintain currency in their area of subject matter expertise and updates to continuing education and required certifications.

4.3 Training & Certification Requirements

1. Must have successfully completed an instructor training course or demonstrate experience in providing forensic firearms identification instruction in either a professional or academic classroom setting.

2. Must provide verifying documentation upon request (e.g., certificate of successful completion or attendance) showing that the instructor is maintaining subject matter currency through recent continuing education and attendance at training activities in the subject matter being taught. Subject matter currency may also be validated through the publication of subject matter related articles and research in nationally recognized professional journals or trade magazines.

5.0 KICK-OFF MEETING

Within five (5) business days of contract award, the Government and the Instructor will participate in a kick-off meeting. The purpose of the meeting is to ensure a complete understanding and agreement of the requirements by both the Government and the Instructor.

Items to be covered in the meeting must include, at a minimum:

Introduction of key Instructor and Government personnel performing work under the various tasks in this contract Demonstration by the Instructor confirming their understanding of the work to be accomplished under this contract.

6.0 TASKS: The ATF National Academy has identified the tasks for the Firearms

Identification and Investigations Training Instructor to deliver training support as described below:

1. The SABT program uses a variety of instructional methods, to include classroom lectures, demonstrations, practical exercises (PE), and case studies to train new special agents.

Generally, Instructor must possess a unique, in-depth background of ATF experience to support the training program, which includes an understanding of the policies, procedures and best practices employed during the process of criminal investigations to further the ATF criminal enforcement mission.

2. The Firearms Identification & Investigations Training Instructor must demonstrate a working knowledge of Federal firearms laws and regulations; and specifically, the application of such to perfect investigations for Federal prosecution. This includes the demonstrated ability to coordinate with Federal prosecutors to present voluminous evidence for multi-defendant cases to a grand jury and at trial. The results of these successful investigations and prosecutions may be presented as case studies during the training program to demonstrate the use of these techniques during ATF cases.

3. The Firearms Identification & Investigations Training Instructor must demonstrate an ability to deliver instruction in these areas based on their own training and professional experiences. This includes the ability to explain how a variety of complex investigative techniques were applied during long-term investigations of criminal groups & gangs; sources of supply of crime guns;

and the illegal possession and criminal misuse of firearms, often in relation to other acts of violence.

4. The Firearms Identification & Investigations Training Instructor must demonstrate an ability to plan, brief and execute a variety of undercover and enforcement operations, along with an understanding of the proper considerations related to documenting investigative activity.

5. This includes an intimate working knowledge of the use of Agent Cashier funds; Electronic

Surveillance. Confidential Informants; and Undercover Agents during ATF operations.

6. The Firearms Identification & Investigations Training Instructor must demonstrate an intimate working knowledge of the Gun Control Act (GCA) and the National Firearms Act (NFA).

This includes an intimate working knowledge of law enforcement strategies and programs used to identify, investigate, and recommend for prosecution those who illegally possess/use firearms, as well as sources of such crime guns.

7. The Firearms Identification & Investigations Training Instructor must demonstrate a working knowledge of the National

Enforcement strategies used by state local and federal agencies.

8. The (NIBIN) and National Training Center (NTC) programs are managed by ATF and are used and available to all local and Federal law enforcement agencies throughout the country. They are a common law enforcement tool for combating gun violence. An offeror with knowledge and experience with these programs would be valuable to the ATF Academy.

9. Must demonstrate an understanding of the application of complex investigative techniques as it relates to actionable intelligence to identify violators and gather evidence of violations outlined in the GCA and the National Firearms Act (NFA).

10. Must demonstrate the ability to the delivery of training during the SABT program, the Firearms

Identification & Investigations Training Instructor must provide input for the revisions of the lectures, demonstrations, and practical exercises for the purpose of updating materials, as appropriate and necessary for the course requirements.

11. The Firearms Identification & Investigations Training Instructor should have experience as a subject matter expert. Prior experience as an instructor for law enforcement training, to include firearms instructor certifications and firearms nexus expert qualifications, will be given special consideration.

Instructor rates may be used for the delivery of training or for the development of training content.

ATF Training managers will contact successful Instructor to determine availability of potential instructor for identified training needs. Typically, ATF provides instructor lead times of sixty

(60) days. However, when backfilling instructor or some other emergency training requirement, ATF may make instructor availability requests with much shorter lead times.

For non-routine requests, the ATF Training Manager will determine the amount of available response time allowed on a case-by-case basis and provide this information to the Instructor at the time of the request.

12.0 If Instructor decides to cancel fully or partially or reschedule, a training course, a minimum advance notification of at least 48 hours prior to the relevant training course start date is required.

Early cancellation may occur. When an early cancellation occurs, the government shall not be accessed any fees.

7.0 MANDATORY, BPA TERMS AND CONDITIONS (T&C) IN ACCORDANCE WITH

(IAW) THE FEDERAL ACQUITION REGULATION 13.303-3

7.1 Description of Agreement.

7 . 2 Supplier/BPA Holder (BPAH) shall perform the services as described in this Statement of

Work (SOW), if requested by the Contracting Officer (CO) or authorized user/representative of the

CO during the specified period and within the stipulated-aggregate amount/ceiling. The BPAH shall perform all-Inclusive FIITI (to include all the tasks, Training, and Travel) to fulfill this

SOW for ATF/HRPD).

This purchase vehicle shall also be used for any meetings that require Firearms Identification &

Investigations Training Instructor.

7 . 3 Agreement's Estimated Value.

The total-estimated value for the resulting, BPA setups is $171,345.00 for a five-year period for the accumulated value of all BPA Calls.

7.4 Extent of Obligation & Minimum Order. This BPA neither obligates any funds nor requires a minimum purchase/amount; therefore, the Government is only obligated to the extent of authorized purchases/calls made under this BPA setup.

7.5 Authorized Users. Only ATF can purchase under this BPA, specifically any ATF

Contract Specialist or CO, the ATF CO’s Representative (COR) for this requirement, a FO

HRPD, and an Office of Management, Acquisition Management Division (OAMD)-Mission-

Support Specialist are authorized users of this setup.

7.6 Ordering Procedures. All BPA calls/orders placed against this BPA setup are subject to the Terms & Conditions (T&C) of said setup at the time of order placement. This includes all authorized users must refer to the transaction log/record before placing a call/order, as this requirement is set-aside for small businesses (a reserved right of the Government, similar to FAR

52.219-13 for contracts); or 2) a firm: a) is disbarred, b) has active exclusions, c) is inactive in the

System for Award Management, or d) is suspended, on probation, or terminated for poor performance or another delinquency(ies)/non-conformance.

Ordering activities shall use the procedures in this subsection when ordering goods/services under this

BPA. BPA Calls/Orders. The supplier/BPA Holder (BPAH) shall furnish the supplies and/or services as described in this statement of (SOW), when requested by the Contracting Officer (CO) or authorized user/representative of the CO during the specified period and within the stipulated-aggregate amount/ceiling. The BPAH shall provide all firearms identification & investigative training instructor services to fulfill this SOW for ATF/HRPD. This purchase vehicle shall also be used for any meetings that require court reporting and/or transcription services.

7.7 Order Limitation. All BPA Calls (Delivery Orders) placed against this BPA are subject to the terms and conditions of the Setup at the time of order placement.

All COs within ATF, including other authorized individuals (to be named post award) are hereby authorized to place orders under this BPA.

Written orders will be placed against this BPA and delivered via email. No oral orders will be placed against this

BPA. Additionally, all authorized users may use purchase cards to cover services under $, not convenience checks.

8.0 BPA Calls (Delivery Orders). All orders issued under this agreement shall contain the following minimum information:

8.8.1 Name of Contractor

8.8.2 BPA Setup #

8.8.3 Date of Purchase

8.8.3 BPA Call/Order #

8.8.4 Itemized List of Equipment supplied

8.8.5 Date and Place of Delivery

9.0 Precedence of Terms and Conditions

The terms and conditions included in this BPA Setup shall apply to all purchases made pursuant to it. In the event of an inconsistency between the terms of this BPA and the contractor’s invoice, the terms of this BPA shall take precedence.

10.0 Discount Structure.

ATF seeks a discount on the goods and services being purchased.

11.0 Contracting Points of Contact

Agnes Brooks, CO

99 New York Ave. NE, #3.S-125

(202) 648.9115 – Phone, (202) 648.9654 – Fax / agnes.brooks@ATF.gov

12.0 Technical Point of Contact

Individual or combined purchases shall not exceed the BPA Setup amount in accordance with all

Commercial Line-Item Number (CLIN); all orders require the CO’s approval.

12.1.1 (TPOC)

The TPOC is the individual within a program management function who has overall technical responsibility for efforts. He/she supports the CO during administration of each order by:

a) Performing inspection and acceptance of deliverables, identifying deficiencies in delivered goods;

b) Making final decisions regarding any recommended rejection of deliverables;

c) Providing technical clarification relative to overall workload matters;

d) Providing advice and guidance to the vendor in the preparation of deliverables;

e) Providing acceptance of deliverables to assure compliance with the requirement;

f) Recommending to the CO any changes in the requirement.

The contractor shall not proceed with any instruction or direction given by the TPOC before confirming with the CO that the change is not constructive.

13.0 Administrative Considerations

ATF will be responsible for administering this BPA. All questions concerning the BPA should be directed to the CO identified in Section 13.0.

mailto:agnes.brooks@ATF.gov

All requests for interpretation and assistance should be sent to the CO in Section 14.0 and/or the TPOC who will be identified at time of Award.

The CO is responsible for the contract administration and is the only person authorized to approve change in the terms, conditions, delivery schedules, technical requirements, or price, as set forth in this

Setup. In the event the contractor modifies at the direction of a person other than the CO, the change will be considered to constructive, without authority. No adjustment will be made in the price to cover any increase in charges incurred as a result thereof. During the absence of the CO identified, other warranted COs from ATF may authorize work under this Setup.

The TPOC will be designated an authority of the CO to monitor all technical aspects and assist in administering the Setup.

14.0 DELIVERABLES-

The instructor must be responsible for, but not limited to, the deliverables listed below as well as the deliverables listed in each of the tasks. The instructor must provide these deliverables to the (COR/GTR).

Upon receipt and review, they will provide feedback on necessary modifications or acceptance.

Deliverable Format Government Expectancy Surveillance Structure Due Date

Kick-off meeting NA Not late to training more than three (3) times per classes per year (Late is when the BBAH is not present and ready to teach at the required start time of the class.)

Government/Instructor/program manager

Within five (5) days of award

Investigations Training

Instructor must provide input for the revisions of the lectures, demonstrations, and practical exercises for the purpose of updating materials, as appropriate and necessary for the course requirements.

All deliverables shall be submitted in Microsoft Word or Excel via email to program manager and

Cc.. the COR.

Provide all deliverables in compliance with Section

508 or a format that allows for equivalent facilitation, alternative means of access, reasonable accommodation, or direct interface with assistive technology hardware/software.

Program manager will be in the classroom for all classes.

The Contractor shall have five (5) business days, to correct the deliverables and return it to the program manager and COR. The

Contractor accepted

Deliverables schedule shall apply for all

Deliverables unless changed by mutual agreement between the program manager/COR and the Contractor.

Error-Free Timely

Deliverables.

Input for lectures, demonstrations, and practical exercises for the purpose of updating materials, must accurately reflect ATF’s standard format.

ATF will return inaccurate materials for correction to the BPAH. The BPAH shall make all corrections and re-deliver to the ATF program manager and Cc. the COR.

100% Inspection-materials will be reviewed by the ATF program manager.

The Contractor shall correct the noted deficiencies within five (5) business days after notification of the deficiency in any deliverable at no additional cost to the Government.

15.0 TERM OF CONTRACT

The BPA shall be for sixty (60) months, Not to Exceed five (5) years.

Firearms Identification & Investigation Training Instructor must occur intermittently through each year; the requirement may be of an urgent need with only one (1) day in advance notice. The ATF National Academy strive to notify the instructor at the earliest possible time;

however, due to mission requirements, advanced notice could be limited. It must be noted the

Government does not automatically extend contracts beyond their initial period of performance period. Renewal periods are always subject to the government’s discretion, availability of funds, instructor’s performance, and continued need.

The instructor must take into consideration that the ATF clearance process which can take up to 90 – 120 days. Some tasks may be completed prior to completion of security clearances only with written approval from the COR.

16.0 PLACE OF PERFORMANCE

Bureau of ATF National Academy 1131 Chapel

Crossing Rd Building 681

Glynco GA 31525

17.0 PERIOD OF PERFORMANCE

The period of performance will consist of a five- (5-) year ordering period, from the date of award.

Firearms Identification and Investigations Training classes requirements will occur intermittently through each year; the requirement may be of an urgent need with only one (1) day in-advance notice.

ATF will strive to notify the BPA Holder at the earliest possible time; however, due to mission requirements, advanced notice could be limited.

18.0 Order and Contract Types

The BPA resulting from this RFQ will be a fixed price, Blanket Purchase Agreement (BPA) with cost reimbursement for travel.

19.0 OTHER DIRECT COSTS (ODCs) and TRAVEL

ATF does anticipate ODCs. Travel is anticipated to complete these tasks.

ATF anticipates travel 12 days per year for Firearms Identification and Investigations Training classes. Only local travel is anticipated to complete these tasks. Travel expenses shall only be invoice d at the Federal Government set mileage rate.

19.1All travel will be compensated in accordance with the Federal Travel Regulations (FTR). All work related travel will be reimbursable based on actual allowable direct cost, in accordance with FAR 31.205-46 Travel Costs, and/or at the rate specified for the location and timeframe identified on http://www.gsa.gov. All contractor personnel may be required to travel on commercial and/or Government provided transportation at Government cost. The COR or CO must authorize all travel prior to each trip via email. All contractors are encouraged to utilize the Exemption Certificate from Tax on

Occupancy of Hotel, Motel, and Tourist Home Rooms Forms.

http://www.gsa.gov/

19.1.1 To be reimbursable, the travel expenses must be (i) other than local commuting travel expenses within Huntsville, Alabama, (ii) allowable under the FTR and the provisions of this contract, (iii) approved prior to travel expenditure by the CO or COR, and (iv) allocable and necessary for performance of this contract. No profit or fee shall be applied to travel.

19.1.2 Travel reimbursement requests must be submitted in sufficient time for the CO or COR to give prior approval and must identify (i) the name of the traveler, (ii) destination (s) including itinerary, (iii) purpose of the travel, and (iv) cost breakdown.

19.1.3 To be reimbursed, invoices, including travel expenses must provide a detailed breakdown of the actual expenditures invoiced. Contractor shall maintain the original or legible copy of receipts for all travel expenses invoiced. ATF reserves the right to request evidence of any travel expense paid.

19.1.4 The COR will work with the contractor to determine in-person dates for activities to support travel related events.

19.1.5 The contractor is responsible for paying any costs for required travel that exceed the reimbursement limit. The contractor is responsible for collecting and submitting all plane travel and lodging receipts to ATF for reimbursement. No travel costs will be reimbursed for travel with missing receipts.

19.1.6 All travel and related expenses must be expressly authorized by the program manager or

COR, in writing, prior to commencing the travel, except for the Kickoff Meeting, which is covered as part of the pricing for the services. Contractor will bill actual time scheduled/worked during events, and associated travel, lodging, and per diem costs.

Travel time will not be charged separately and must be incorporated into the price for each

Commercial Line Item Number (CLIN if the facilitator wishes to be compensated for the time.

Travel requirements will be coordinated with and approved by the COR. Reimbursement for travel will be in accordance with the Joint Travel Regulation (JTR)/Federal Travel Regulation (FTR).

Receipts for hotel, airfare, and car rentals must accompany invoice for payment.

20.0 GOVERNMENT-FURNISHED PROPERTY (GFP)/GOVERNMENT-FURNISHED

INFORMATION

(GFI): Yes-ATF will provide government laptops to Instructor only during periods of instruction.

21.0 INSTRUCTOR-FURNISHED PROPERTY (CFP)

ATF anticipates access to the instructor’s database/platform/system for queries and the reports.

22.0 ASSUMPTIONS AND CONSTRAINTS

The following are assumptions and constraints underlying this task, which should be considered in developing a technical solution:

Instructor must

a. Must be able to travel to the training site dictated by the training agreement. This may involve travel domestically or internationally depending on the program.

b. Must have a flexible work schedule that meets the needs of the training being provided.

c. Must be able to pass a background investigation as required by the training program or training facility (see section 19, 20, and 26 for more information).

d. Must be willing to volunteer for random drug testing.

e. Must have access to the internet and maintain a working email address for access to required on -line applications and to receive Instructor notifications and announcements.

2. Instructor must not have been:

a. Convicted of a felony offense.

b. Convicted for an offense involving violence against a law enforcement officer.

c. Convicted for an offense involving rape, child brutality, or child molestation.

d. Convicted for an offense of either drug or firearms sales or trafficking activities.

e. Convicted for an offense that, if revealed, would reflect poorly upon the Federal

Government, or would otherwise present a threat to the safety and security of employees.

f. Must not be currently subject to disciplinary action by an employer, released from a position because of a disciplinary action, or have resigned from a position prior to the culmination of a disciplinary investigation.

g. Must not be a prohibited person regarding explosives and destructive device usage and possession as per Federal statutes.

h. Must not be a prohibited person regarding possessing and transferring firearms as per Federal statutes.

3. Instructor must be able to demonstrate professional behavior and instructional expertise that meet

ATF and the ATFNA standards.

4. Instructor must come prepared to provide training, which includes being intimately familiar with the lesson plan, its requirements and instructional strategies, lesson materials, safety instructions where applicable, and evaluation requirements.

5. Instructor must meet ATF evaluation requirements for instructional and content expertise while providing instruction. ATF staff will regularly evaluate Instructor’s instructional skills, adherence to provided lesson plans, and adherence to any safety requirements.

6. Instructor must report to the training manager as required by the reporting instructions.

7. Instructor must follow security protocols for handling and securing student tests or examinations and access to ATF facilities. Facility security requirements may be site specific.

8. Instructor must follow ATF safety directives regarding the topical area being instructed as well as any lesson plan or site-specific requirements. Instructor must meet and adhere to current and future

ATFNA Standard Operating Procedures.

9. ATF will provide course lesson plans for all ATF-specific training courses and any instructor deviation must be agreed upon in advance and in writing.

10. When applicable, Instructor may be asked to provide input into updates and revisions to course lesson pla ns.

11. Instructor travel and per diem will be in accordance with Federal Government Travel

Regulations.

12. ATFNA program managers may expand on the listed minimum experience, education, and training requirements depending on the needs of the topic being taught.

13. When applicable, Instructor may be required to physically demonstrate the skills being taught. Instructor skill levels must exceed minimum standards set for the students.

Instructor may be asked to either provide documentation in advance to verify this requirement or the requirement may be validated through observation and evaluation by

ATFNA staff.

14. To continue to meet ATF requirements for currency of certifications and continuing education, Instructor must submit evidence of additional training every two (2) years from date of award. Time spent serving as an instructor cannot be utilized to meet this requirement.

15. Training will occur at ATF provided facilities. ATF will provide training materials and equipment unless specified otherwise in the training assignment.

16. Instructor is expected to maintain an email address in order to receive information pursuant to their agreements. The instructor is to ensure that ATF is informed when email addresses change.

17. Agreements are awarded for the services of a specific individual whose qualifications have been vetted with ATF. Substitutions are not permitted.

23.0 COPYRIGHT CLAUSE

Instructor may not utilize any materials or information provided by ATF (unless publicly available) including regulations, policies, directives, correspondence, standard operating procedures (SOPs), photographs or videos, or any classified, law enforcement sensitive, or confidential information for the purposes of any other production, or project.

Any lesson plans, curriculum, agenda, photographs, videos, or materials prepared by the instructor for ATF under this contract must be deemed ATF proprietary data and as such is the sole property of the United States Government. The Instructor may not copyright, resell, share, present, or transmit any materials or information provided to the Instructor by ATF without the prior written permission of ATF.

24.0 EXPERT WITNESS/INDUSTRY CONSULTANT CLAUSE

While the Instructor is not prohibited from contracting to testify against ATF or any Federal governmental entity while contracted to provide goods or services to ATF under this or any other Department of Justice contract, the Instructor agrees that he/she is prohibited from testifying as an expert or contractual witness against ATF or any governmental entity on any matter that requires the Instructor to rely upon or reference any lesson plans, curricula, or courses prepared by the Instructor pursuant to this SOW, or upon any materials or information provided to Instructor by ATF, that is not otherwise publicly available.

The Instructor may not share or transmit to his or her agents, employee(s), employer(s) any of the aforementioned materials, information, lesson plans, curricula or courses for the purpose of testimony as an expert or contractual witness in any proceeding; administrative, civil or criminal.

Instructor generally are not prohibited from acting as consultants for industry Federal Firearms

Licensees (FFLs), or Federal Explosives Licensees or permittees (FELs), lobbying groups, associations, or any private entity to assist with improving compliance with Federal laws and regulations.

However, the instructor is prohibited from serving as a consultant or advisor, to industry FFLs, FELs, lobbying groups, associations, or any private entity on any matter related to any ATF adverse actions, to include administrative hearings, warning conferences, or revocation hearings while contracted to provide goods or services to ATF under this or any other

Department of Justice contract.

25.0 PROFESSIONAL INSURANCE COVERAGE

Instructor is responsible for acquiring and maintaining their own professional insurance for all work provided in relation to this agreement.

In the event of injuries as a result of participation in training, demonstrations, or other work provided under this agreement, Instructor are not compensated by the Bureau of Alcohol, Tobacco, Firearms and Explosives or the U.S. Department of Justice through worker’s compensation, employee insurance, automobile insurance, rental insurance, travel insurance, or any other similar mechanism.

Further, any damage to any equipment or materials used or owned by the Instructor employed in work conducted under this agreement is the responsibility of the Instructor. As the burden of responsibility regarding insurance coverage solely belongs to the Instructor, the Bureau does not require proof of insurance for this agreement.

26.0 CONFORMITY TO SECURITY REQUIREMENTS

The Instructor must conform to security requirements as prescribed by the Federal government as well as set by DOJ and ATF Information Systems Security, Personnel

Security, and Physical Security policies and procedures. The Instructor must follow the guidance provided in Clause ATF

-04, Background Investigation (BI) Requirements.

27.0 BACKGROUND INVESTIGATION

All Instructor are subject to a background investigation. Once an agreement has been placed by ATF, the instructor will be required to complete a personnel security package which includes forms SF 85P, Questionnaire for Public Trust Positions; ATF F 8620.26, Credit Release; ATF F

8620.27, Non- Disclosure Agreement; and questionnaires regarding drug use and financial declarations.

The package also includes two fingerprint cards that must be completed and provided along with a passport type photo.

In addition, Instructor is required to provide personal information electronically through the

Department of Justice e- QIP on-line application. Instructor will be sent a unique link into e-

QIP via email, where they will be required to provide the requested information in the system.

Instructor are to print out the specified signature pages from e-QIP and include the signed documents in the personnel security package when it is completed and returned.

Failure to complete e-QIP and submit the personnel security package in a timely manner may result in the immediate termination of the agreement.

28.0 MANAGEMETN PLAN/QUALITY CONTROL

The Instructor is responsible for quality control and delivery of quality goods and/or services to the Government.

The Instructor must develop, implement and maintain a quality control program. The program must include inspection, validation, evaluation, corrective action, and procedures necessary to affect quality control of all performance and products provided under the contract. The program must allow inspection and evaluation by the

Government and must be applicable to all members of the team, as appropriate.

The Instructor will describe his/her plan to provide evidence of continuing education in the area of subject matter expertise and/or training knowledge area and certifications.

This will be incorporated into the resulting award.

29.0 INSPECTION AND ACCEPTANCE

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

The basis for acceptance must be compliance with the requirements/objectives/constraints set forth in the contract, and other terms and conditions of the contract. Deliverable items rejected must be corrected in accordance with the applicable clauses.

29.2 Acceptance Criteria. The COR/GTR will review all draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance within the guidelines/requirements of the delivery order. The Instructor must ensure the accuracy and completeness of all deliverables.

Errors, misleading or unclear statements, incomplete or irrelevant information, and or excessive rhetoric, repetition, and “padding”, must be considered deficiencies and must be subject to correction by the Instructor, at no additional cost to the Government. Unless otherwise indicated, the government will require 10 business days to review and comment on deliverables. If the deliverable does not meet the noted criteria, the Government will return it.

29.3 Rejection Procedures. If the COR/GTR rejects any deliverable, that rejected document will be handled in the following manner:

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

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

29.6 Any rework of rejected deliverables will be completed at no additional cost to the government.

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

30.0 QUALITY ASSURANCE

The Government will evaluate the Instructor’s performance under this BPA annually and internally prior to exercising an option year. It will also document any system issues and resolutions, as well as the Instructor’s response time/assistance for such.

30.1 CERTIFICATION OF INVOICES

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

30.3 The BPAH shall submit proper invoices that are itemized to Finance.Branch@ATF.gov per

ATF clause #ATF-14 IAW FAR 32.9, Prompt Payment. Invoices/vouchers will be completed and submitted in accordance with this Section – Certification of Invoices. The final invoice will be paid upon Government acceptance of the final deliverable. Please also provide a copy of the invoice to the Contracting Officer.

30.4 The COR’s/GTR’s certification of acceptance is an integral part of the correct invoice/voucher discussed in the "Discounts for Prompt Payment" clause, Section I (FAR

Clause 52.232 -8).

30.5 Upon certification, the COR/GTR will forward the invoice/voucher to the Payment

Office, as appropriate.

mailto:Finance.Branch@ATF.gov

30.6 The Invoice/Voucher must include:

Contract and BPA authorization number

Product or service description.

Quantities received, if applicable.

Date(s) property or services accepted.

signature, printed name, title, phone number, and mailing address of the receiving official.

POC to discuss invoice issues

Period of Performance for the invoice

Cumulative amount invoiced to date the current year’s invoice

31.0 SYSTEM FOR AWARD MANAGEMENT (SAM)

The selected Instructor must have an active registration in the www.sam.gov database prior to award in accordance with Federal Acquisition Regulation 52.204-7.

32.0 CONFORMITY TO SECURITY REQUIREMENTS

The Instructor must conform to security requirements as prescribed by the Federal government as well as set by DOJ and ATF Information Systems Security, Personnel

Security, and Physical Security policies and procedures. The Instructor must follow the guidance provided in Clause ATF-04, Background Investigation (BI) Requirements.

33.0 ACCESS TO RECORDS, DATA AND FACILITIES

34.0 The Instructor must permit the COR, CO, and/or designated representative(s) access at any reasonable time to all records, data and facilities used in performance for the services covered in this SOW (if any).

http://www.sam.gov/

35.0 MANDATORY USE OF GOVERNMENT TO GOVERNMENT

ELECTRONIC MAIL Unless exempted by the CO, in writing, communication after contract award with government agencies must ordinarily be transmitted via electronic mail (e-mail).

36.0 BPA POINTS OF CONTACT

The following ATF points of contacts have been established to assist in executing and administering the contract. All requests for interpretation and assistance should be referred to:

Agnes, Brooks, Contracting Officer (CO) 99 New York Avenue, NE, Washington, DC

20226 Phone: (202) 9115 / Fax: 202.648.9659

Contracting Officer Representative: Will be identified at time of award.

37.0 CONTRACT DATA REQUIREMENTS

The following ATF points of contact have been established to assist in executing and administering the BPA and BPA Call Orders. All requests for interpretation and assistance should be referred to:

a) Contracting Officer (CO). The CO is responsible for the contract administration. The CO is the only person authorized to approve changes in the terms, conditions, delivery schedules, technical requirements, or price, as set forth in the BPA.

In the event the contractor modifies the direction of a person other than the CO, the change will be considered to have been without authority. No adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The CO will be identified at time of award.

b) During any absence of the CO, identified for this award, other warranted COs from ATF may authorize work under the BPA.

c) Contracting Officer's Representative (COR): The COR shall be identified at time of award. The COR shall be designated on authority of the Contracting Officer (CO) to monitor all technical aspects and assist in administering the BPA and BPA Call

Orders.

d) 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.

e) A letter of designation shall be issued to the COR, with a copy supplied to the

Contractor, stating the responsibilities and limitations of the COR. This letter will clarify to all parties of this contract the responsibilities which would result in a modification to the scope of work; changes in cost or price totals or estimates; changes in delivery dates; changes in any other mutually agreed upon term or provision of the contract.

38.0 CLOSEOUT

The Instructor must submit a final invoice within 45-calendar days after the end of the performance period. Within 15- calendar days of receiving the final payment, the Instructor must furnish a completed and signed Release of Claims to the CO; such may be in the form of a Closeout-modification to the contract.