HO SOW 10 04 11(Rev 1).docx

STATEMENT OF WORK

FIREARMS LICENSEE HEARINGS SUPPORT SERVICES

1. Scope:

The law and regulations (18 U.S.C. § 923(f)(2) and 27 CFR, part 478, subpart E) provide for a hearing if an applicant or licensee requests one upon receipt of a notice of license denial or revocation. The Firearms and Explosives Services Division shall monitor these hearings where an applicant has received a notice of license denial or revocation. The Firearms and Explosives Services Division shall contract for Special Hearing Officers, who have experience with licensing for Firearms and Explosives. They must possess sufficient abilities needed to conduct hearings.

This contract shall be administered as a Blanket Purchase Agreement (BPA). This method of contracting requires the Government describe its expectations and outcomes which are identified in this Statement of Work (SOW).

2. Contractor Tasks:

Task 1 – This task supports the Firearms and Explosives Division in its efforts to provide for Hearing Officers at hearings regarding denial or revocation of Firearms Licenses. Contractors shall be required to conduct the hearing and review the recording (post-hearing), take accurate notes of the hearing, and reduce those notes to writing in the form of a Hearing Officer Report. Upon completion of a hearing, each contractor must submit the following items to the Firearms and Explosives Services Division:

- Hard copy of the Hearing Officer Report -CD containing the Hearing Officer Report -Audio recording(s) of the hearing -Completed Contractor’s Invoice for Payment -Attachments/exhibits as stated in the Hearing Officer Report

The above items must be hand delivered to the Firearms and Explosives Services Division or shipped using Federal Express or other authorized carrier.

Hearing Officer Reports shall be submitted within ten business days of the completion of the hearing. If a contractor determines that he or she cannot meet the due date for a particular report, the contractor must seek an extension from the Firearms and Explosives Services Division. Each contractor is responsible for ensuring that all of their reports are neatly prepared, grammatically correct, free of spelling errors, and most importantly, factually accurate. Hearing Officer Reports must be able to stand up to de novo judicial review in U.S. District Court if necessary. Repeated inaccuracies or discrepancies will result in the contract being terminated. Hearing Officer Reports must objectively state the facts as presented during the hearing.

3. Required Equipment and Software:

The hearing shall be recorded using a digital audio recorder, which will be provided by the Bureau and operated by the hearing officer. The recording, along with the exhibits, shall constitute the official record of the hearing.

Contractors will be required to conduct the hearing and review the recording (post-hearing), take accurate notes of the hearing, and reduce those notes to writing in the form of a Hearing Officer Report. In order to receive assignments and to complete the required Hearing Officer Reports, each contractor must possess, or have access to, certain equipment, and possess the knowledge to use it. The following equipment and related software programs are required:

1. A personal computer with a Windows™ operating system, preferably Windows XP™ or newer.

2. An Inkjet or LaserJet printer. Dot-matrix printers are not acceptable equipment.

3. A full version of Microsoft Word®. Microsoft Works® will not suffice as an acceptable software program.

4. Each personal computer must have Microsoft Excel® loaded thereon, or each contractor must be able to download from the World Wide Web a “reader” that will permit the user to read Microsoft Excel® documents.

5. Each personal computer must have loaded thereon Microsoft Outlook®. Microsoft Outlook Express®, standing alone, will not be sufficient.

4. Telephones, FAX Machines, and Related Equipment:

Pre and post-hearing responsibilities, in many cases, requires the contractor to use his or her personal telephone, cellular telephone, FAX machine, or other related equipment. ATF assumes no responsibility for the purchase, maintenance, use or misuse of these devices. ATF will reimburse the contractor for reasonable and necessary FAX transmittals and long-distance telephone calls made in connection with the conduct of a hearing. Local telephone calls or cellular air-time charges will not be reimbursed.

5. ATF Materials and Information:

Each contractor must make every reasonable effort to protect data associated with a hearing. Audio recordings, notes, exhibits, copies of Hearing Officer Reports, etc. are the sole property of ATF and must be safeguarded against unlawful disclosure. The contractor will retain all notes and a copy of the Hearing Officer Report for 120 days after the official report and file is submitted. The contractor is to destroy all notes and material at that time.

Identification media, ATF-provided software, and all other Government property must be surrendered when requested by the Firearms and Explosives Services Division.

6. Facilities:

Contractors are expected to use their own private facilities when preparing the Hearing Officer Report in connection with hearings. ATF assumes no responsibility for the purchase or maintenance of a contactor’s personal facility, nor will ATF reimburse any contractor for use of such facility.

7. Automobile Required:

Contractors must be able to conduct hearings within a 200-mile radius of their home. Contractors are expected to possess an automobile with appropriate insurance coverage. ATF assumes no liability for contractor misconduct or negligence while driving their personal automobile in connection with their hearing assignments. When using their personal automobile in connection with performing assignments, contractors will be reimbursed for mileage driven at the prevailing rate established by the General Services Administration (GSA). (The current rate is $.51 per mile.) Contractors must submit an invoice for payment detailing the number of miles driven, as well as any other incidental expenses, in connection with any particular assignment. Such invoice is subject to audit by the Firearms and Explosives Services Division.

8. Reimbursement:

Contractors will be compensated at the rate of $50 per hour spent in preparation for conducting the hearing, travel to the hearing site, conduct of the hearing, travel back to their residence and the preparation of the Hearing Officer Report. In addition, contractors will be reimbursed for reasonable and ordinary expenses incurred in the performance of their assignments, such as long distance telephone calls, tolls, parking fees, etc. Contractors will not be reimbursed for general office supplies used in conjunction with assignments.

9. Performance Period:

Blanket Purchase Agreements (BPA(s)) shall be effective for the sixty (60) months beginning December 1, 2011 through November 30, 2016.

10. Hearing Officer Qualifications

Candidates for hearing officer shall posses the following qualifications:

· Comprehensive knowledge of firearms laws and regulations.

· Excellent oral and written communication skills.

· Ability to condense complex information into a clear and concise report.

· Ability to maintain order and decorum in an adversarial proceeding.

· Hearing Officers should not have been the subject of adverse action as the result of an investigation by the Office of Professional Responsibility and Security Operations (OPRSO) within 5 years preceding selection to serving as a hearing officer.

· Hearing Officers should have at least one year prior experience as a hearing officer.

11. Employee Conduct/Appearance.

Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits’ areas, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

12. Removal of Personnel.

The Government may, at its sole discretion (via the CO), direct the Contractor to remove any Contractor employee from ATF facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this order. The CO will provide the Contractor with a written explanation to support any requirement to remove and employee.

The Contractor, prior to diverting any individual performing in a position designated above, shall immediately notify the COTR in writing of the intended diversion. The notification shall be 30 days prior to removing the personnel and include a detailed justification for the change; an explanation of the anticipated impact on the performance of the task order; and the name and qualifications (resume) of the proposed replacement. Any proposed replacements shall meet or exceed the qualifications of the individual being replaced. The ATF will provide its written approval or rejection of the proposed replacement within five working days after receipt of the resume. The ATF also reserves the right to request the replacement of key personnel if the individual being provided is unable to successfully perform the work required. No substitutions of key personnel will be allowed for the first 90 days of task order performance.

13. Training.

The contractor shall ensure each contract employee is qualified to perform their assigned duties at the start of their assignment. Any training required by contract personnel shall be at the expense of the contractor. The Contractor should provide sufficiently trained staff to perform the requirements of this contract.

14. Deliverables.

(a) 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.

(b) In the event of rejection of any Deliverable the Contractor shall be notified, in writing, of the specific reasons why the Deliverable is being rejected. The Contractor shall have five (5) business days to correct the rejected Deliverable and return it to the Bureau. The Contractor's accepted Deliverable schedule shall apply for all Deliverables unless changed by mutual agreement between the COTR and the Contractor.

15. Quality Assurance.

All work performed on this task order shall comply with OMB Circular A-11 and internal ATF policies and guidelines. It is the contractor’s responsibility to implement their own quality assurance processes to ensure quality work is performed by their employees. This plan will be incorporated into the contractor’s initial deliverable.

16. Hours of Operation.

Contractor personnel shall generally perform all work between the hours of 7:00 AM and 5:30 PM Eastern Standard Time. A normal work schedule consists of 8 and one-half hour workdays, Monday through Friday (except Federal holidays). Additionally, there may be occasions when Contractor personnel shall be required to work other than normal business hours to fulfill requirements under this SOW. These hours are subject to change at any time. Contractor personnel will be provided twenty four hour (24) advance notice. No overtime will be paid under this BPA.

17. Terms and Conditions of the BPA

17.1 Services. All BPA Call orders placed against this BPA are subject to the terms and conditions of the applicable team member’s Schedule contract at time of order placement.

17.2 The BPA Call Orders shall be awarded on a firm-fixed-price basis. The government will be responsible for identifying specific requirements and periods of performance, for each BPA Call Order.

17.3 Extent of Obligation. The BPA does not obligate any funds. The government is obligated only to the extent of authorized purchases actually made under the BPA.

17.4 Ordering Procedures

(a) General. Ordering activities shall use the procedures in this subsection when ordering services under this BPA.

(b) Statement of Work (SOW). Ordering activities shall prepare SOWs that include, at a minimum, work to be performed, location of work, period of performance, deliverable schedule, applicable performance standards, and any special requirements.

(c) Request for Quotation (RFQ) procedures. The ordering activity shall provide the RFQ to include at a minimum the SOW.

1) Orders at or below the micro purchase threshold. Ordering activities may place orders at or below the micro-purchase threshold with any BPA-holder. The ordering activity should attempt to distribute orders at or below the micro-purchase threshold among all BPA holders.

2) Orders exceeding the micro-purchase threshold.

(i) The ordering activity shall develop an SOW in accordance with the instructions stated in paragraph (b) above.

(ii) The ordering activity shall provide each BPA-holder a fair opportunity to be considered for each order issued.

(iii) The ordering activity shall request that BPA-holders submit firm-fixed prices to perform services identified in the SOW.

3) For proposed BPA Call orders exceeding the maximum order threshold. In addition to meeting the requirements of paragraph (c)2) above, the ordering activity shall:

(i) Provide the RFQ (including SOW and evaluation criteria) to additional BPA-holders. When determining the appropriate number of BPA-holders, an ordering activity may consider, among other factors, the following:

A. The complexity, scope and estimated value of the requirement.

B. The market search results.

(ii) Seek price reductions.

4) The ordering activity shall provide the RFQ (including the SOW and evaluation criteria) to any BPA-holder that requests a copy of it.

(d) Evaluation. The ordering activity shall evaluate all responses received using the evaluation criteria provided to the BPA-holders. The ordering activity is responsible for considering the level of effort and the mix of labor proposed to perform specific tasks being ordered, and for determining that the total price is reasonable. Place the BPA Call order with the BPA-holder that represents the best value. After award ordering activities shall provide timely notification to unsuccessful BPA-holders. If an unsuccessful BPA-holder requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the award decision shall be provided.

(e) Minimum documentation. The ordering activity shall document:

1) The BPA-holder considered, noting the BPA-holder from which the service was purchased;

2) A description of the service purchased;

3) The amount paid;

4) The evaluation methodology used in selecting the BPA-holder to receive the BPA Call order;

5) The rationale for any tradeoffs in making the selection;

6) The price reasonableness determination required by paragraph (d) of this subsection; and

17.5 Funding. BPAs do not obligate funds. The Government is obligated only to the extent of authorized orders made under the BPA Call Order. There is no limit on the dollar value of BPA Call order purchases made under the BPA.

17.6 Individuals Authorized to Purchase Under the BPA. All contracting officers within ATF are hereby authorized to place orders under the BPA. Written orders will be placed against the BPA and delivered electronically. No oral orders will be placed on this BPA.

18. BPA Call Order.

All orders issued under BPA shall contain the following minimum information:

(1) Name of Contractor

(2) BPA number

(3) Date of Purchase

(4) BPA Call Order Number

(5) Itemized list of equipment/services furnished

(6) Date and place of delivery

(7) GSA Schedule Contract Number(s)

18.1 BPA Points of Contact

BPA Contracting Officer: Vernessa Younger Bureau of Alcohol, Tobacco, Firearms & Explosives 99 New York Ave., NE Washington, DC 20226

(202) 648-7535

Contracting Officer Technical Representative: James Chancey Bureau of Alcohol, Tobacco, Firearms & Explosives 244 Needy Road Martinsburg, WV 25405

(304) 616-4594

19. Travel

19.1 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 must accompany invoice for payment.

19.2 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) as the point of origin, to the point of required performance. Travel reimbursement will be made up to the travel not-to-exceed amount on the task order.

19.3 To be reimbursable, the travel expenses must 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.

19.4 Travel reimbursement requests must be submitted in sufficient time for the CO or COTR 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.

19.5 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. No profit or fee shall be applied to travel.

19.6 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.

20 Inspection and Acceptance

20.1 Inspection/Acceptance. Supplies or services delivered under any BPA Call order shall be inspected and accepted by the COTR. The Contractor shall only tender for acceptance those items that conform to the requirements of the BPA Call 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 inspection and acceptance clause.

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

20.3 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 accuracy and completeness of all Deliverables. Errors, misleading or unclear statements, incomplete or irrelevant information, and or excessive rhetoric, repetition, and “padding”, shall be considered deficiencies and shall be subject to correction by the contractor, at no additional cost to the Government. 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.

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

(a) 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.

(b) Upon re-submission by the Contractor, the Government will reapply the same acceptance criteria. If the deliverable does not meet the acceptance criteria a second time, the Government might consider the Contractor as having deficient performance with respect to the subject BPA Call order.

21. Certifications and Invoices

21.1 The Payment Office listed on the first page of the Award Document will make payment.

21.2 Invoices/vouchers will be completed and submitted in accordance with ATF-14 – Electronic Invoicing. 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.

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

21.4 The Invoice/Voucher shall be on the Company’s letterhead and include:

22. Payment

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 must be registered online in the Central Contractor Registration database controlled by the Department of Defense (www.CCR.gov) to receive an award. Registration is valid for 12 months.

22.1 Invoice Payment

(a) Payments will be made by the Finance Branch.

(b) Electronic Invoicing (June 2005)

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

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

(e) 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).

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

23. Contract Data Requirements

23.1 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)/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 BPA. 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 award, other warranted COs from ATF may authorize work under the BPA.

(b) 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 BPA and BPA Call Orders. 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.

24. Government Contractor Relationships

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

24.2 Prohibitions. Contractor personnel under this contract shall not:

(a) 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.

(b) Be placed in a staff or policy making position or be asked to exercise personal judgment or discretion on behalf of the Government.

(c) 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.

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

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

24.3 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 personnel 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.

(a) 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.

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

(c) In the event of rejection of any Deliverable the Contractor shall be notified, in writing, of the specific reasons why the Deliverable is being rejected. The Contractor shall have five (5) business days to correct the rejected Deliverable and return it to the Bureau. The Contractor's accepted Deliverable schedule shall apply for all Deliverables unless changed by mutual agreement between the COTR and the Contractor.

25. Central Contractor Registration

The Government makes all payments via electronic funds transfer. The Department of Treasury requires all contractors to register in the Central Contractor Registration (CCR). The CCR is an Internet accessible database (www.ccr.gov) where the contractor inserts approximately twenty fields of the company’s business information such as the company’s name, address, telephone number, and financial institution information.

26. Security and/or Suitability Screening:

Each contractor shall undergo a personnel security investigation to determine their suitability to access ATF facilities, proprietary information, and/or data. This investigation will be conducted by or under the auspices of the Personnel Security Branch, and be performed under such standards as the Personnel Security Branch may establish. The contractor is advised that this investigation may take 90 days or more to complete, depending upon the complexities of the issues.

Failure to timely complete the required background forms, or failure to have a background investigation favorably adjudicated constitutes grounds for disqualification of the contractor. Should the contractor be disqualified, he or she will not be granted unescorted access to any ATF facility, and access to ATF proprietary information or data will not be authorized. Contractors are responsible for notifying the Personnel Security Branch of any changes in personnel information.

27. Non-Disclosure Agreement:

Each contractor must execute, and abide by the terms of a Non-Disclosure Agreement.