DJA10S000088 Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. 5EFFECTIVE DATE

09/09/2010

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

ACQCODE

ATF - Logistics & Acquisition Division-Acquisitions Branch Amanda Boshears, 202-648-9018 99 New York Ave. NE Washington, DC 20226

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

DJA10S000088

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

08/31/2010

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitaiton/contract subject matter where feasible.)

The purpose of this amendment is to incorporate the attached vendor questions and government responses. All other terms and conditions remain unchanged.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Amanda M. Boshears

Contracting Officer

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

09/09/2010

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

Table of Contents

Section Description Page Number

CS Continuation Sheet B.1 Pricing Schedule ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

ATF-11 ATF IDENTIFICATION (ID) MEDIA

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

TECHNOLOGY (IT) SYSTEMS

ATF-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-18 REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE

INFORMATION

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-23 PRIVACY OR SECURITY SAFEGUARDS

ATF-24 COMPUTER SECURITY

ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS

ATF-26 SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY IDENTIFIABLE

INFORMATION (PII)

ATF-27 INFORMATION RESELLERS OR DATA BROKERS

DOJ JAR 2852.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010) 52.217-9 Option To Extend The Term Of The Contract 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.203-7 Anti-Kickback Procedures (Jul 1995) 52.204-7 Central Contractor Registration (Apr 2008) 52.212-4 Contract Terms and Conditions--Commercial Items (Mar 2009) 52.243-1 Changes--Fixed Price (Aug 1987) 52.209-5 Certification Regarding Responsibility Matters (Apr 2010) 52.209-7 Information Regarding Responsibility Matters (Apr 2010) 52.212-3 Offeror Representations and Certifications--Commercial Items (Aug 2009) L.1 Instructions to Offerors M.1 Addendum to FAR 52.212-2, Evaluation - Commercial Items

Summary Info Continuation Page Continuation Sheet

ATF Acquisitions POC: Amanda M. Boshears, 202-648-9018

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

1 Miscellaneous Services Original : 0.000000

Change: 0.000000

Total : 0.000000 LOT

Period of Performance: 09/25/2010 - 03/24/2012 Description:Facilitation and Mediation Services for the Office of the Ombudsman (Base Period)

The offeror will provide said services for the Ombudsman's Office in accordance with the solicitation requirements.

Delivery Schedule:

Delivery Number Delivery Date Quantity

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

2 Miscellaneous Services Original : 0.000000

Change: 0.000000

Total : 0.000000 LOT

Period of Performance: 03/25/2012 - 03/24/2013 Description:Facilitation and Mediation Services for the Office of the Ombudsman (Option Year 1)

The offeror will provide said services for the Ombudsman's Office in accordance with the solicitation requirements.

Delivery Schedule:

Delivery Number Delivery Date Quantity

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

3 Miscellaneous Services Original : 0.000000

Change: 0.000000

Total : 0.000000 LOT

Period of Performance: 03/25/2013 - 03/24/2014 Description:Facilitation and Mediation Services for the Office of the Ombudsman (Option Year 2)

The offeror will provide said services for the Ombudsman's Office in accordance with the solicitation requirements

Delivery Schedule:

Delivery Number Delivery Date Quantity

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

4 Miscellaneous Services Original : 0.000000

Change: 0.000000

Total : 0.000000 LOT

Period of Performance: 03/25/2014 - 03/24/2015 Description:Facilitation and Mediation Services for the Office of the Ombudsman (Option Year 3)

The offeror will provide said services for the Ombudsman's Office in accordance with the solicitation requirements

Delivery Schedule:

Delivery Number Delivery Date Quantity

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

5 Miscellaneous Services Original : 0.000000

Change: 0.000000

Total : 0.000000 LOT

Period of Performance: 03/25/2015 - 03/24/2016 Description:Facilitation and Mediation Services for the Office of the Ombudsman (Option Year 3)

The offeror will provide said services for the Ombudsman's Office in accordance with the solicitation requirements

Delivery Schedule:

Delivery Number Delivery Date Quantity

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

6 Miscellaneous Services Original : 0.000000

Change: 0.000000

Total : 0.000000 LOT

Period of Performance: 09/25/2010 - 03/24/2016 Description:Facilitation and Mediation Support Services (Travel and Other Direct Costs)

Travel and ODCs must be approved in advance by the COTR and travel must comply with Federal Travel Regulations.

Delivery Schedule:

Delivery Number Delivery Date Quantity

Accounting Line Accounting and Appropriations Data:

Accounting and Funding Total:

Previous Total: $0.00 Modification Total: $0.00 Grand Total: $0.00

IDC Constraints Line Item

Line Number Minumum Quantity Minimum Amount Maximum Quantity Maximum Amount

B.1 Pricing Schedule

The contractor shall provide pricing on a firm-fixed basis for services for a 24-hour work week. Services provided outside of the fixed 24-hour work week (call outs) shall be reimbursed via travel expenses only. ATF has estimated $75,000 for travel and other direct costs for the 66-month contract period. The offeror's shall meet all of the qualifications in Section 7(b) of the Statement of Work in order to be considered for award.

Descriptions & Specifications IDC Constraints Document

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

STATEMENT OF WORK / SPECIFICATIONS (Continued) MARCH 2009

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work (SOW) / Specifications (Section C) and all Section J SOW Exhibits (as applicable).

STATEMENT OF WORK

FACILITATION AND COUNSELING

FOR ADMINISTRATIVE WORKPLACE DISPUTES

1. Background Information

The mission of the Office of the Ombudsman is to assist employees in seeking fair and equitable solutions to work-related problems through an informal, neutral, and confidential process. The Office of the Ombudsman also assists external cus-tomers in resolving matters related to ATF programs and procedures. In an effort to provide ATF employees with a high level of support and comfort in times of need, the Office of the Ombudsman administers the Peer Responder and Chaplain Pro-grams and oversees various support groups.. The following programs are administered by this office:

Internal and External Problem Resolution

The Caregivers Support Group

The Military Families and Friends Support Group

The Survivor Protocol Program

Peer Responder Program

Chaplain Program

2. Objective

The primary objective of this contract is to provide services in the areas of facilitation and counseling for administrative workplace disputes for bureau employees that are in the field as well as headquarters. This will entail being able to provide assistance to our on-going programs and creating and developing training modules that focus on law enforcement, highlighting specific coping mecha-nisms for survival . This will be accomplished through the engagement of a contractor to provide the agency with certain subject mat-ter expertise.

3. Tasks. The contractor shall perform the following tasks:

(a) Provide planning and assessment of workplace disputes for headquarters and the field

(b) Consult with staff on proposed methods of addressing perceived problems

(c) Conduct follow up sessions with employees in order to assess progress and recommend changes when necessary

(d) Provide guidance, during facilitations and follow up with employees to assess the effectiveness of the facilitation process

(e) Establish and maintain critical working alliances with a diverse professional network and refer employees for ongoing assistance

(EAP)

(f) Debrief supervisors and higher level managers, provide internal support and counseling following a facilitation

(g) Provide support and guidance for bi-weekly Caregivers Support Group

(h) Provide assistance, guidance, consultation to the Peer Responder/Chaplain

Program Manager, as needed

(i) Develop curriculum specifically for law enforcement that deals with coping with the emotional dynamic and learning to survive

4. Training. The Contractor will design and present an exportable training program in lecture format on coping with the emotional dynamic in law enforcement and learning to survive for both the new and experienced ATF special agents. The course should cover the effective coping strategies and exam attitudes, belief systems and actions of law enforcement. The following topics will be ro-intduced:

(a) Emotional development of the Law Enforcement Professional

(b) Trauma and PTSD (Post Traumatic Stress Disorder)

(c) What Happens to the Dedicated Law Enforcement Professional

(d) The Phenomenon of Hypervigilance

(e) Surviving the Emotional Web of Law Enforcement

The exact number and location of these courses will be determined during the period covered by this contract.

5. Monthly Status Report. Provide monthly written status report of all activities performed throughout the duration of the contract summarizing accomplishments to date.

6. Deliverables.

(a) The monthly status report shall be submitted via email and provided to the COTR, using Microsoft Word.

(b) The Government will complete review of monthly status report within 10 business days, unless otherwise stated in writing, prior to the expiration of the review period and accept or reject the status report, in writing.

(c) The Contractor shall correct ATF noted deficiencies within five (5) business days after notification of deficiency in any

Deliverable.

(d) All documents shall be written in English, at the 9-12th grade reading levels.

(e) The Government reserves the right to reject any Deliverable that does not conform to (1) the Contractor’s accepted proposal, (2) ATF policies and procedures or (3) ATF Documents. The Government reserves the right to reject invoices for time expended on tasks not authorized by the COTR.

(f) The Government will provide the Contractor with a primary and a secondary technical point of contact (POC), along with the of-fice locations, phone numbers and FAX numbers. This information will be provided if necessary.

(g) In the event of rejection of any status report the Contractor shall be notified, in writing, of the specific rea-sons why the status report is being rejected. The Contractor shall have five (5) business days to correct the rejected report and return it to the Bureau.

7. Contractor Responsibilities, Administrative and Other Considerations

(a) Because of the sensitive and significant nature of the project, the Contractor’s

Program Manager (PM) shall adhere to the following requirements:

1) All established guidelines and operating restrictions, including physical and operations security procedures, articu-lated in ATF O 1720.5, Headquarters Security Program, dated September 28, 1995. A copy will be provided upon request.

2) Coordinate plans of action and propose responses to inquiries with the Ombudsman or his/her designee.

3) All guidelines articulated in ATF O 7500.2, Automated Information System Security Program, dated July 15, 1997. A copy will be provided upon request.

4) ATF Personnel Security Screening Guidelines and Confidential and Sensitive Requirements.

5) The contractor shall have extensive experience in providing crisis intervention and consultation to law enforcement personnel, emergency personnel, Federal, state and local law enforcement agencies, and private organizations.

(b) Personnel Qualifications. The Contractor shall provide a qualified staff. The ifications to be considered for award:

1) Knowledge and experience in developing and conducting specialized training programs specifically geared toward trauma response services, intervention assessment, and individual and workplace wellness.

2) Experience in making diagnostic evaluations for treatment of Post Traumatic Stress, Anxiety Disorders, Chemical Dependency, and general stress reactions to developmental and environmental life issues.

3) A thorough knowledge of the laws, policies, regulations, and precedents applicable to the Peer Support and Chaplain Programs in order to recommend changes to the policy, guidelines, procedures and resolve issues and concerns.

4) Extensive experience in providing crisis intervention and consultation to law enforcement personnel, emergency personnel, Federal, state and local law enforcement agencies, and private organizations.

5) Contractor shall hold counseling certificate

c) Hours of Work. Unless otherwise agreed all work shall be performed a minimum of twenty-four (24) hours a week, 12 eight (8) hour workdays per month. The COTR shall authorize deviations from these hours. One full year of work for a contractor consists of 1920 hours. If the Government requires the Contractor to work other than the hours specified, a request shall be submitted to the Con-tractor’s Program Manager, in writing, by the Government COTR prior to the schedule change. A Government employee shall accompany the Contractor during irregular work periods when the COTR is not on site.

8. Period of Performance. The period of performance for this requirement will be one 18-month base period with four (4) one-year option periods for a total of 66 months.

9. Place of Performance. Most work will be performed off-site in regards to location of assigned facilitation or mediation.

Some work may be performed at ATF headquarters.

10. Technical Direction. As needed, the Ombudsman or his/her designee will provide the contractor with the technical di-rections for the processes, functions, documentation, and use of ATF systems and programs.

11. Travel and Travel Expenses

(a) Travel may be required to any part of the U.S. and its territories, when requested for an approved facilitation/mediation.

Travel requirements will be coordinated with and approved by the COTR. Reimbursement for travel will be in accordance with the Joint Travel Regulation (JTR)/Federal Travel Regulation (FTR). Receipts for hotel, airfare, and car rentals shall accompany invoice for payment.

(b) When authorized as part of the scope of work on this contract and when approved by the Contracting Officer (CO) or Contracting Officer’s Technical Representative (COTR); travel expenses incurred in performance of the contract requirements may be reimbursed as allowed by the Federal Travel Regulations (FTR) in effect at the time of travel from the ATF work site (or any Contractor-provided facility located in the Washington, DC metropolitan area) as the point of origin, to the point of required performance. Contractor pro-vided facilities outside the DC metropolitan area that require attendance at meetings in the DC metropolitan area will be reimbursed upon prior approval from the CO or COTR. Travel reimbursement will be made up to the travel not-to-exceed amount on the con-tract.

(c) To be reimbursable, the travel expenses shall be (i) other than local travel expenses within the Washington, DC metropolitan area , (ii) allowable under the FTR and the provisions of this Task order, (iii) approved prior to travel expenditure by the CO or COTR, and

(iv) allocable and necessary for performance of this Task order.

(d) Travel reimbursement requests shall be submitted in sufficient time for the CO or COTR to give prior approval, and shall identify

(i) the name of the traveler, (ii) destination (s) including itinerary, (iii) purpose of the travel, and (iv) cost breakdown.

(e) To be reimbursed, invoices, including travel expenses shall 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 ev-idence of any travel expense paid. No profit or fee shall be applied to travel.

(f) Local travel will not be reimbursed within a 50-mile radius of worksite. Costs and incidental expenses for commuting to and from the ATF work sites and Contractor-provided facilities located in the Washington, DC metropolitan area shall not be reimbursed.

(g) Travel is allocated at $15,000.00, per base and option periods, for a total not-to-exceed $75,000.00 for the entire contract period.

If additional funding is required the contract will be modified.

12.0 Other Direct Costs (ODCs)

(a) ODCs include, but are not limited to, training material, software, copying, faxing, phone usage, etc. However, any ODCs over $3,000.00 are subject to FAR competition requirements. All ODCs shall be approved in advance by the COTR.

(b) ODCs will be reimbursed for direct costs as provided in task order. To be reimbursed, invoices, including ODCs shall provide a detailed breakdown of the actual expenditures invoiced. Contractor shall maintain the original or legible copy of receipts for all ODCs invoiced. ATF reserves the right to request evidence of any ODCs requesting reimbursement. To assure timely reimbursement of ODCs, the contractor is strongly encouraged to submit charges within 45 days of the expense

13.0 Level of Effort. The contractor shall provide the disciplines necessary to perform the tasks listed. The Government reserves the right to reject proposed personnel if they do not meet the qualifications defined in the methodology for the positions requested.

The Government does not expect the Contractor to waste Government time and money on personnel that are not suitable for the uali-qfications required and described above. The government also reserves the right to reject proposed personnel substitutions if they do not meet qualification requirements. The Contractor shall absorb any costs resulting from substitutions of personnel initiated by the Contractor if they are deemed unsuitable. If a Contractor employee hired under this contract resigns or is released, the COTR shall be notified immediately. The COTR will provide the contractor a copy of ATF out-processing checklist for clearing the building. The employee shall complete this checklist prior to final out processing.

14.0 Inspection and Acceptance

(a) Inspection/Acceptance. Supplies or services delivered under this task order shall be inspected and accepted by the COTR. The Contractor shall only tender for acceptance those items that conform to the requirements of this task order. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance in accordance with the appropriate inspec-tion and acceptance clause.

(b) The basis for acceptance shall be compliance with the Requirements/ objectives/constraints set forth in the task order, and other terms and conditions of the task order. Deliverable items rejected shall be corrected in accordance with the applicable clauses.

(c) Acceptance Criteria. The COTR will review all draft and final Deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance within the guidelines/requirements of the task order. The contractor shall ensure the ac-curacy and completeness of all Deliverables. Errors, misleading or unclear statements, incomplete or irrelevant information, and or excessive rhetoric, repetition, and “padding”, shall be considered deficiencies and shall be subject to correction by the contractor, at no additional cost to the Government. 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.

(d) Rejection Procedures. If the COTR rejects any Deliverable, that rejected document will be handled in the following manner.

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

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

15.0 Certification of Invoices

(a) The Payment Office listed on the first page of the Award Document will make payment.

(b) Invoices/vouchers will be completed and submitted in accordance with this Section 16.5.2 – Electronic Invoicing. The final in-voice will be paid upon Government acceptance of the final Deliverable. Please also provide a copy of the invoice to the Contracting Officer.

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

(d) Upon certification, the COTR will forward the invoice/voucher to the Payment Office, as appropriate.

(e) The Invoice/Voucher shall be on the Company’s letterhead and include:

1) Contract or other authorization number

2) Product or service description.

3) Quantities received, if applicable.

4) Date(s) property or services rendered.

5) Signature, printed name, title, phone number, and mailing address of the receiving official.

6) POC to discuss invoice issues.

16.0 Payment

(a) Payment for all supplies and services shall be made upon Government acceptance, in accordance with the appropriate Payments Clause, FAR 52.232-7. The contractor shall be registered online in the Central Contractor Registration database controlled by the De-partment of Defense (www.CCR.gov) to receive an award. Registration is valid for 12 months.

(b) Invoice Payment

1) Payments will be made by the Finance Branch.

2) Electronic Invoicing (June 2005)

3) ATF strongly encourages contractors to invoice electronically. Invoicing electronically saves time, money, and physical storage space for both the Government and the contractor.

4) Each invoice shall be a proper invoice in accordance with FAR 32.905. Contractors able to submit invoices elec-tronically should submit each invoice to FinanceBranch@ATF.gov with a copy to the COTR. Electronic invoices will serve as the of-ficial original copy. Any questions may be directed to the ATF Finance Office at (202) 648-7860.

5) Mandatory Use of Government Electronic Mail. Unless exempted by the CO, in writing, communication after contract award with Government agencies shall ordinarily be transmitted via electronic mail (e-mail).

6) Final payments will be based on final Government acceptance of all deliverables.

17.0 CONTRACT ADMINISTRATIVE DATA

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

1) Contracting Officer (CO)/Contract Specialist. The CO/CS is responsible for the contract administration. The CO/CS is the only person authorized to approve changes in the terms, conditions, delivery schedules, technical requirements or price, as set forth in the contract. In the event the contractor modifies the direction of a person other than the CO/CS, 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/CS will be identified at time of award. During any absence of the CO/CS, identified for this contract, other warranted COs from ATF may authorize work under the contract.

2) Contracting Officer's Technical Representative (COTR): The COTR will be identified at time of award. The COTR will be designated on authority of the Contracting Officer (CO) to monitor all technical aspects and assist in administering the contract. The types of actions within the purview of the COTR'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. A letter of designation will be issued to the COTR, with a copy supplied to the Contractor, stating the responsibilities and limitations of the COTR. 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.

18.0 Government-Contractor Relationships

(a) Non-personal Services. The parties agree that the services to be provided under this contract are non-personal and that no em-ployer/employee relationship exists or will exist between the Government and the contractor’s employees.

(b) Prohibitions. Contractor personnel under this contract shall not:

1) Be placed in a position where they are appointed or employed by a Federal Official, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.

2) Be placed in a staff or policy making position or be asked to exercise personal judgment or discretion on behalf of the Govern-ment.

3) Be placed in a position of command, supervision, administration or control over Military or Civilian Personnel, or personnel of other contractors, or become a part of the Government organization.

4) Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of the Federal Government.

5) Be used in administration or supervision of military procurement activities.

(c) Employee Relationship. Local rules, regulations, directives and requirements issued by military and civilian authorities pursuant to their responsibility for the administration and security of Government and military installations are applicable to contractor person-nel entering the offices or installations or traveling via Government-owned transportation. The contractor agrees that compliance will not be construed to establish any degree of Government control consistent with a personal services contract.

Packaging and Marking

Inspection and Acceptance

Deliveries or Performance

PERIOD OF PERFORMANCE

ITEM START END

1 09/25/2010 03/24/2012

PERIOD OF PERFORMANCE

ITEM START END

2 03/25/2012 03/24/2013

PERIOD OF PERFORMANCE

ITEM START END

3 03/25/2013 03/24/2014

PERIOD OF PERFORMANCE

ITEM START END

4 03/25/2014 03/24/2015

PERIOD OF PERFORMANCE

ITEM START END

5 03/25/2015 03/24/2016

PERIOD OF PERFORMANCE

ITEM START END

6 09/25/2010 03/24/2016

Contract Administration Data Accounting Data

Special Contract Requirements

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

BACKGROUND INVESTIGATION REQUIREMENTS (MAY 2010)

Personnel Security Requirements

The Contractor shall be responsible for ensuring that all Contractor employees assigned hereunder shall undergo a background investi-gation or other applicable personnel security procedures to determine their suitability for access to ATF information, information technology systems, and/or facilities. For the purpose of this contract, the term background investigation will be utilized to also refer-ence other personnel security procedures that may be applied in lieu of a full background investigation.

r’s Technical Representative (COTR), to ATF’s Personnel Security Branch (PSB) so that a background investigation can be conducted.

The Contractor shall screen and review each potential Contractor employee and ensure that each potential Contractor employee to be assigned to this contract possess a personal history that is in compliance with Department of Justice (DOJ) and ATF agency specific qualifications and will permit each employee to successfully pass a background investigation conducted by the ATF. The Contractor shall not submit a personnel suitability and security package to the COTR until the Contractor has screened the following aspects of each potential Contractor employee’s personal history:

a. Criminal conduct

b. Financial responsibility

c. Drug use

d. Employment history

e. Employment eligibility

f. Selective Service registration, if applicable

g. U.S. Residency

h. Country of citizenship

During the Contractor’s review of each potential Contractor employee’s personal history, the Contractor is required to review each po-tential Contractor employee’s personnel suitability and security package to ensure the forms are fully complete, signed, and dated.

Prior to submitting a personnel suitability and security package, the Contractor shall utilize E-Verify to verify the employment eligi-bility of all Contractor employees, regardless of citizenship status. The Contractor will not submit a personnel suitability and security package when employment eligibility cannot be verified. The Contractor can register for E-Verify on-line at https://www.vis-dhs.com/employerregistration/. This website provides instructions for completing a Memorandum of Understanding required for official registration. 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.

The Contractor must submit a copy of a tentative employment offer with the personnel suitability and security package when it is sub-mitted on a potential Contractor employee.

The Contractor is hereby advised that a background investigation may take sixty (60) days or more to complete, depending on the complexity of the background investigation. The Contractor is encouraged to fill all positions with employees who have recently been the subject of a Federal background investigation.

At the conclusion of the background investigation, the Personnel Security Branch will make a favorable or unfavorable determination and advise the COTR and the Contracting Officer (CO). The CO or the COTR is responsible for advising the Contractor of ATF’s de-termination.

Contractor employees are not authorized to access ATF proprietary information, information technology systems, and/or fa-cilities, until a favorable determination has been made by the Personnel Security Branch in accordance with agency specific qualifications, DOJ policy, Federal suitability, and/or adjudicative guidelines.

All background investigations will be adjudicated applying the suitability standards under 5 CFR, part 731, as well as the following DOJ policy and ATF agency specific qualifications:

(1) DOJ Residency Requirement. Immediately prior to gaining access to ATF information, information technology systems, and/ or facilities the PSB staff ensures all Contractor employees have:

(a) Resided in the United States for three (3) out of the last five (5) years; and/or

(b) Worked for the United States in a foreign country in a Federal or military capacity for three (3) out of the last fives (5) years;

and/or

(c) Been a dependent of a Federal or military employee in a foreign country for three (3) out of the last five (5) years.

(2) Allied Nations List. Contractor employees that only require access to ATF facilities must be United States citizens or foreign nationals legally permitted to reside in the United States. Their country of citizenship must be listed on the Allied Nations list pub-lished by the Department of State, Office of the Assistant Legal Advisor for Treaty Affairs. Since countries on this list are subject to change, refer to the following website for current information: http://www.opm.gov/employ/html/Citizen.htm.

(3) Drug Policy. ATF Drug Policy for ATF Applicants, is applied. The PSB ensures that ATF Contractor employees are compli-ant with the policy prior to authorizing access to ATF information, information technology systems, and/or facilities.

(4) Selective Service. PSB will verify that all laws of the Selective Service are adhered to.

(5) Financial Responsibilities. The PSB ensures compliance with DOJ guidance surrounding financial obligations.

(a) Public Trust Positions - All financial obligations imposed by law must be favorably resolved through proof of payment and/or participation in a payment plan. For all other debt-related issues a risk management decision may be made in lieu of requiring pay-ment or a payment plan. (Depending upon the position and debt history, PSB may require proof of payment and/or participation in a payment plan for financial delinquencies that are not imposed by law.)

(b) National Security Positions – All delinquent financial obligations, even those not imposed by law, must be favorably resolved through proof of payment, and/or participation in a payment plan, or otherwise resolved.

(6) Foreign Nationals Accessing Information Technology Systems. DOJ Order 2640.2F Information Technology Security, states non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems.

(7) Homeland Security Presidential Directive 12. The PSB will conduct Personal Identity Verification to confirm the identity of the Contractor employee. Contractor employees must personally present two forms of identification in original form prior to access-ing ATF information, information technology systems, and/or facilities. At least one document must be a valid State or Federal gov-ernment-issued picture ID.

In the event a contract employee is found to be non-compliant with the agency specific qualifications, PSB will notify the COTR and the CO. The request for investigation will be terminated and the contractor may be requested to submit another name and complete personnel suitability and security package. Additional agency specific qualifications may be implemented without notice to the Con-tractor.

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

In the event that a Contractor employee is denied or disapproved for access to ATF information, information technology systems, and/ or facilities due to issues found during the background investigation, the Personnel Security Branch will notify the COTR and the CO.

The contractor may be requested to submit another name and complete personnel suitability and security package.

Freedom of Information Act Requests

Once a determination has been made by the PSB, a Contractor employee may receive a copy of his/her background investigative file by submitting a written Freedom of Information Act request. The request must be addressed to the Disclosure Division, Bureau of Al-cohol, Tobacco, Firearms and Explosives, 99 New York Avenue, NE, Suite 1E-400, Washington, DC 20226. It is the responsibility of the Contractor employee to assume all monetary liabilities associated with such request.

Police Check Inquiries

In those instances where the Contractor believes that its employees will not need unescorted access to ATF facilities, or access to any ATF proprietary information, data or information technology systems, the Contractor shall notify the COTR. The COTR will then ap-prise ATF’s PSB of the Contractor’s initial determination, citing the reasons thereof. The PSB, in consultation with the COTR or the CO, will make the final determination as to whether or not the Contractor employee will need to undergo a background investigation.

The nature and specific degree of background investigation will be determined by the PSB, depending upon the nature and degree of risk associated with the contract position. When ATF’s PSB determines that the Contractor will require escorted access to ATF facili-ties, and/or ATF construction sites, or will only be provided with access to ATF non-sensitive information, the Contractor employee must undergo a criminal history check. The Physical Security Programs Branch or the respective field division/office is responsible for conducting the criminal history check and making the favorable or unfavorable determination.

Access to Classified National Security Information

In the event the Contractor employee requires access to classified National Security Information (NSI), in order to fulfill contractual requirements, the COTR or the CO must contact the PSB. The PSB will assess the requirements and make a determination if access to NSI is required at the Confidential, Secret, or Top Secret level (which may or may not include access to Sensitive Compartmented In-formation. If the PSB determines that access to NSI is required, the contract must be modified to incorporate the requirements of the National Industrial Security Program (NISP). The PSB will provide additional personnel security language to the CO and coordinate all additional personnel security requirements of the NISP with the COTR.

(End of Clause)

ATF-11 ATF IDENTIFICATION (ID) MEDIA

ATF IDENTIFICATION (ID) MEDIA (APRIL 2008)

Contractor personnel who successfully complete the background investigation will be issued ATF Idenitification (ID) MEDIA and those assigned to provide services in the ATF Headquarters building or other ATF facilities will be issued an electronic access card.

ID Media and Access Control Cards are the property of the United States Government (ATF) and must be accounted for at all times. It is the responsibility of the contract manager and the COTR to ensure that the ID Media and access card of any employee who leaves the contract is recovered and immediately returned and forwarded or delivered to the ATF Physical Security Programs Branch.

If ID MEDIA or access cards are lost, stolen, or not recovered, the contractor is liable for replacement costs. In addition, payroll, or other monies due individuals may be held until ID media is returned or otherwise accounted for by separating individuals, or the result of an appropriate investigation. The COTR shall initiate appropriate loss/theft reports to document the event. Copies of the required reports shall be provided to the Physical Security Programs Branch and the Office of Inspection.

(End of Clause)

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

TECHNOLOGY (IT) SYSTEMS

NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION TECHNOLOGY (IT)

SYSTEMS. (MAY 2007)

The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ Information Technology (IT) system. By signing the contract or commitment document, the contractor agrees to this restriction.

In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.

Financial Responsibility: Contractor employees who have delinquent unpaid debt may be required to provide proof of payment and/or proof of participation in a payment plan. If this documentation cannot be provided, the Contractor employee's background investiga-tion may be terminated and/or access to A TF facilities, proprietary information and data, including automated information systems, without being offered an opportunity to mitigate the information.

A contractor employee who is in direct violation of a policy established, by DOJ or ATF may be denied access to ATF facilities, pro-prietary information and data. including automated information systems, without being offered an opportunity to mitigate the informa-tion.

(End of Clause)

ATF-14 ELECTRONIC INVOICING

ELECTRONIC INVOICING (OCTOBER 2008)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically. Invoicing electron-ically 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 sub-mit 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 Divi-sion (FMD), FinanceBranch@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 re-turn to the vendor any invoices that do not contain the correct subject line information.

Contractors who are unable to submit electronic invoices may mail their invoices to the COTR/POC named in Section G of this con-tract 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-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILTY INQUIRIES (MARCH 2009)

ATF contractors are required to provide quarterly contractor accounts payable liabilities. These quarterly submissions require contrac-tors to update information on unpaid bills and non-invoiced activity. The quarterly submissions must be received by these dates: De-cember 10th for the quarter ending December 31; March 10th for the quarter ending March 31; June 10th for the quarter ending June 30th; and September 10th for the quarter ending September 30th. The information will be used for the preparation of ATF's Financial Statements purpose only.

The contractor will use the ATF's internet websites listed below to access the Periodic Vendor Query Instructions and Vendor Query Spreadsheet to submit their quarterly submissions. The contractor must fill in the columns as requested in the Periodic Vendor Query Instructions, along with the name/title and date in the Vendor Query Attachment Worksheet. The contractor's company name alone has to be entered in the subject line of the e-mail and submit this information to VEInquiry@atf.gov and the ATF COTR/POC named in Section G of this contract.

Link to the Business Opportunities page: http://www.atf.gov/acquisition/index.htm Link to the What's New page: http://www.atf.gov/acquisition/whatsnew.htm Link to the Vendor Instructions: http://www.atf.gov/acquisition/vendor_query_instructions.doc Link to the Excel Spreadsheet: http://www.atf.gov/acquisition/vendor_query_spreadsheet_template.xls

Contractors who are unable to submit this information via e-mail, must have this information mailed and received by the due dates stated above to the ATF COTR/POC named in Section G of this contract and ATF's Accounting Branch at the address provided be-low:

Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF)

Attn: Accounting Branch Expedite Quarterly Contractor Inquiries

99 New York Avenue, NE

Mail Drop 4S-288

Washington, DC 20226

Failure to provide this information within the specific time may result in delays of invoice payments or reflect negatively in the con-tractor's performance evaluation, as specified in Federal Acquisition Regulation (FAR) Part 42.1501.

(End of Clause)

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

NOTICE TO THE GOVERNMENT OF DELAYS (MAY 2007)

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 situa-tion is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting Officer and the COTR(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 reme-dies provided by law or under this contract.

(End of Clause)

ATF-18 REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE

INFORMATION

REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE INFORMATION (MAY

2007)

(a) Duplication or disclosure of the data and other information to which the Contractor will have access as a re-sult of this contract is prohibited. It is understood that throughout performance of this contract. The Contractor will have access to confidential and sensitive data, which is either the sole property of the Government or is the sole property of other than the contracting parties. The Contractor and its subcontractor(s) (if any) agree to maintain the confidentiality of all data to which access may be gained throughout the contract performance, whether title thereto vests in the Government or otherwise. The Contractor and its subcontractor(s) (if any) agree to not disclose said data, any interpretations and/or translations thereof, or data derivative, to unauthorized parties in contravention of these provisions, without the prior written approval of the Contracting Officer or the party in which title thereto is wholly vested. Subcontractors are subject to the same stipulations and may be held responsible for any violations of confidentiality.

(b) The Contractor agrees that each Contractor employee, prior to and as a pre-condition for employment relating to the subject matter of this order, will be required to execute a Nondisclosure Agreement as provided. The Contractor shall provide the Contracting Offi-cer with the original copy of this form signed by each employee prior to the employee's start date on the contract.

(End of Clause)

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

AUTHORITY TO OBLIGATE THE GOVERNMENT (MAY 2007)

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.

(End of Clause)

ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

GOVERNMENT FURNISHED PROPERTY AND SERVICES (MAY 2007)

a) The Government may furnish the Contractor property, services or information when doing so would be in the best interest of the Government. Government furnished property services/information will be specified on each order and/or contract.

b) Request for Government property will be approved by the…