SolicitationAmendment.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE

06/23/2015

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

AACQCODE

ATF - ACQUISITIONS BRANCH

Jim Huff 99 New York Ave. NE Washington, DC 20226

Jim Huff

(O) 2026489117

(F) 2026489654 James.Huff@ATF.gov

6. ISSUED BY A401000CODE

ATF - Logistics & Acquisition Division 99 New York Ave NE

WASHINGTON, DC 20226

DIVISION CHIEF

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

DJA-15-AHDQ-R-0047

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

06/16/2015

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

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 __1__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 solicitation/contract subject matter where feasible.)

Amendment #2 is hereby issued to remove the following language located on Amendment #1 on Page 14 of 38 under 4.0 Price section first paragraph last sentence: Planning and preparation time must be approved in advance and will not exceed two (2) days. This removal of language is to ensure clarity that Planning and Preparation will NOT be paid separately. All other terms and conditions will remain the same.

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)

James M. Huff

(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

06/23/2015

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

DJA-15-AHDQ-R-0047 Page 1 of 40

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year

Explosive Specialist / Program Technical Specialist / Academic Instructors for the National Center for Explosives Training and Research (NCETR)

Line Period of Performance: 08/01/2015 - 07/31/2016

1.000000 DY $____________ $___________________

0002 Option Year One

Explosive Specialist / Program Technical Specialist / Academic Instructors for the National Center for Explosives Training and Research (NCETR)

Line Period of Performance: 08/01/2016 - 07/31/2017

1.000000 DY $____________ $___________________

0003 Option Year Two

Explosive Specialist / Program Technical Specialist / Academic Instructors for the National Center for Explosives Training and Research (NCETR)

Line Period of Performance: 08/01/2017 - 07/31/2018

1.000000 DY $____________ $___________________

0004 Option Year Three

Explosive Specialist / Program Technical Specialist / Academic Instructors for the National Center for Explosives Training and Research (NCETR)

Line Period of Performance: 08/01/2018 - 07/31/2019

1.000000 DY $____________ $___________________

0005 Option Year Four

Explosive Specialist / Program Technical Specialist / Academic Instructors for the National Center for Explosives Training and Research (NCETR)

Line Period of Performance: 08/01/2019 - 07/31/2020

1.000000 DY $____________ $___________________

See Page 14 of 41 for Rotating Open and Close Dates for Due Proposal

Section B Section B

“The Government expects to award multiple BPA’s

Blanket Purchase Calls will be the funded document for each day that is assigned throughout the life of this agreement.

Price — the contractor shall propose a fixed daily rate and a fixed ½ day rate (less than 4 hours) for the Statement of Work (SOW) provided.

All proposed rates should include all anticipated charges, except travel and per diem that is allowable under Federal Travel Regula-tions (local travel is not reimbursable). Travel and lodging will be considered Other Direct Costs (ODC) which will be paid outside the firm fixed daily rate.

Contract Instructor 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 daily fees if the facilitator wishes to be compensated for the time.

Preparation to cover planning and development time per event will be provided, but will not exceed two (2) full days.

DJA-15-AHDQ-R-0047 Page 2 of 40

After action assessment to include reports, lessons learn and debriefs per event will be provided, but will not exceed two (2) full days.

1. If the contractor’s price is bound by any special conditions, these conditions must be stated in the Price Proposal.

b) Prices —the contractor shall propose fixed daily rates and 1/2 day rates by Contract Line Item Number (CLIN) list below. 1/2 day is considered 4 hours of work or less.

PRICING SCHEDULE (Dates listed below are subject to change based on actual award date)

Base Year: 08/01/2015 thru 07/31/2016

CLIN DESCRIPTION UNIT Full Day Half Day

CLIN 0001 Instructor’s Firm Fixed Price Fee Day _________ ___________

Option Period One: 08/01/2016 thru 07/31/2017

CLIN DESCRIPTION UNIT Full Day Half Day

CLIN 1001 Instructor’s Firm Fixed Price Fee Day _________ ___________

Option Period Two: 08/01/2017 thru 07/31/2018

CLIN DESCRIPTION UNIT Full Day Half Day

CLIN 2001 Instructor’s Firm Fixed Price Fee Day _________ ___________

DJA-15-AHDQ-R-0047 Page 3 of 40

Option Period Three: 08/01/2018 thru 07/31/2019

CLIN DESCRIPTION UNIT Full Day Half Day

CLIN 3001 Instructor’s Firm Fixed Price Fee Day _________ ___________

Option Period Four: 08/01/2019 thru 07/31/2020

CLIN DESCRIPTION UNIT Full Day Half Day

CLIN 4001 Instructor’s Firm Fixed Price Fee Day _________ ___________

DJA-15-AHDQ-R-0047 Page 4 of 40

Section 3 - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title

52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

52.242-15 Stop-Work Order (Aug 1989)

52.242-17 Government Delay of Work (Apr 1984)

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sept 2006) - Alternate I (Oct 1995)

52.203-7 Anti-Kickback Procedures (May 2014)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

52.204-7 System for Award Management (Jul 2013)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment (Aug 2013)

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.222-50 Combating Trafficking in Persons (Mar 2015)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

52.228-7 Insurance - Liability to Third Persons (Mar 1996)

52.232-1 Payments (Apr 1984)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

52.242-13 Bankruptcy (July 1995)

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

DJA-15-AHDQ-R-0047 Page 5 of 40

Clause Title

52.244-6 Subcontracts for Commercial Items (Apr 2015)

52.246-25 Limitation of Liability - Services (Feb 1997)

Clauses By Full Text

Section C Statement of Work

STATEMENT OF WORK

1.0 OVERVIEW

The Bureau of Alcohol Tobacco, Firearms and Explosives (ATF), National Center for Explos-ives Training and Research (NCETR) is issuing this Statement of Work (SOW) for Contract Explosives Training Instructors, with the intent to issue multiple Blanket Purchase Agreements (BPA) with fixed daily rates. ATF anticipates that opportunities to provide instruction will be rotated among successful instructors after consideration of availability, rates, geographic loca-tion and positive instructor ratings. ATF is not obligated to select an instructor to teach a spe-cified course or to continue to use an instructor following BPA award. The selection of an in-structor under the BPA is within ATF’s discretion and authority, and is not subject to protest or dispute procedures. Under this agreement, ATF may use the negotiated rates to apply to actual instructional time or for time spent developing content for new or updated training.

In support of ATF’s Strategic Plan and mission objectives, NCETR is dedicated to supporting ATF personnel, law enforcement, military, and industry partners through the dissemination of ATF’s unique knowledge and expertise to prevent terrorism, reduce violent crime, and protect the public. NCETR’s training mission is to:

1. Assess, design, deliver and evaluate innovative training programs,

2. Facilitate a creative learning environment that fosters continuous learner development, and

3. Create an adaptable workforce capable of meeting current and future mission requirements.

2.0 SCOPE

NCETR has a number of responsibilities with regard to the assessment, development, delivery, and evaluation of training programs and is seeking to obtain contract instructors to further sup-port their training efforts. NCETR delivers a number of explosives/explosion related topics to a variety of students including Federal, State and local law enforcement personnel, ATF Industry

DJA-15-AHDQ-R-0047 Page 6 of 40

Operations Investigators, military personnel, federal government civilians, and other public safety related personnel. NCETR program managers must maintain the ability to update and change curricula on a regular basis, so the requirements for specific skills sets and the frequency of their use may vary greatly depending current staffing levels and types of courses being offered. The following considerations and requirements apply:

1. Instructors must possess law enforcement explosives/explosion investigation, explosives regulatory enforcement, or explosives training skills that are considered part of NCETR spe-cialty programs that may have unique experience, education, and training requirements that sup-port ATF’s explosives enforcement and training missions.

2. ATF uses a variety of instructional methods, including classroom lectures and demonstra-tions, practical exercises (PE), and live range operations. The contractor shall provide input for the revision or amendment of the lectures, demonstrations, and exercises to provide updated materials, as appropriate and necessary for the course requirements.

3. Explosives specialist instructors should have at least 10 years subject matter related work experience.

4. Experience as an ATF Industry Operations Investigator, ATF Certified Explosives Spe-cialist, or an ATF Certified Fire Investigator will be given special consideration.

5. Past experience instructing for ATF/NCETR explosives training programs will be given special consideration.

6. Many courses require the instructor to provide both classroom as well as range instruc-tion. Explosives/explosion range instructors must have completed the ATF Advanced Explos-ives Disposal Techniques (AEDT) School or have documented experience with providing range instruction for ATF explosives training held at the National Center for Explosives Training and Research (NCETR). Exceptions may be made to contractor instructors who possess unique qualifications based on commercial explosives industry experience, research and development experience, or graduate level education in explosives, engineering, and scientific related discip-lines.

DJA-15-AHDQ-R-0047 Page 7 of 40

7. Instructors’ rates may be used for instruction or to develop training content.

3.0 ASSUMPTIONS AND CONSTRAINTS

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

1. Instructors:

a. Must be able to travel to the training site dictated by the training agreement. This may in-volve 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 3.4 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 re-quired on-line applications and to receive contractor notifications and announcements.

2. Instructors 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 as a result 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 in regards to explosives usage and possession as per Federal statutes.

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

3. Instructors must be able to demonstrate professional behavior and instructional ex-pertise that meet ATF and the National Center for Explosives Training and Research standards.

DJA-15-AHDQ-R-0047 Page 8 of 40

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

6. Instructors must report to the training manager as required by the reporting instruc-tions.

7. Instructors 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. Instructors must follow ATF safety directives in regards to the topical area being in-structed as well as any lesson plan or site specific requirements. ATF policies that may affect the conduct of training are as follows:

1. ATF O 3320.7 - Explosives Programs and Operations

2. ATF O 3330.5 – Arson Enforcement Program

3. ATF O 1630.1 - ATF Hazardous Exposure and Protection Program

9. Instructors must meet and adhere to current and future NCETR Standard Operating Procedures.

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

11. When applicable, instructors may be asked to provide input into updates and revisions to course lesson plans.

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

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

14. When applicable, Instructors may be required to physically demonstrate the skills be-ing taught. Instructor skill levels must exceed minimum standards set for the students. Instruct-ors may be asked to either provide documentation in advance to verify this requirement or the requirement may be validated through observation and evaluation by NCETR staff.

DJA-15-AHDQ-R-0047 Page 9 of 40

15. In order to continue to meet ATF requirements for currency of certifications and con-tinuing education, instructors 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 require-ment.

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

17. Instructors are expected to maintain an email address in order to receive information pursuant to their agreements. Instructors are to ensure that ATF is informed when email ad-dresses change.

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

3.1 Copyright clause

Instructors may not utilize any materials or information provided by ATF (unless publicly avail-able) including regulations, policies, directives, correspondence, standard operating procedures (SOPs), photographs or videos, or any classified, law enforcement sensitive, or confidential in-formation for the purposes of any other production, contract or project. Any lesson plans, cur-riculum, agenda, photographs, videos or materials prepared by the instructor for ATF under this contract shall 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.

3.2 Expert Witness/Industry Consultant Clause

The Instructor is prohibited from contracting to testify against ATF or any Federal government-al entity while contracted to provide goods or services to ATF under this or any other Depart-ment of Justice contract. Further, 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 contract, or upon any materials or information provided to contractor by ATF, that is not otherwise publicly available. The Instructor may not share or

DJA-15-AHDQ-R-0047 Page 10 of 40 transmit to his or her agents, employee(s), employer(s) any of the aforementioned materials, in-formation, lesson plans, curricula or courses for the purpose of testimony as an expert or con-tractual witness in any proceeding; administrative, civil or criminal.

Instructors generally are not prohibited from acting as consultants for industry Federal firearms licensees (FFLs), or Federal explosives licensees or permittees (FELs), lobbying groups, associ-ations, or any private entity to assist with improving compliance with Federal laws and regula-tions. 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 Depart-ment of Justice contract.

3.3 Professional Insurance Coverage

Instructors are responsible for acquiring and maintaining their own professional insur-ance for all work provided in relation to this agreement. In the event of injuries as a res-ult of participation in training, demonstrations, or other work provided under this agree-ment, Instructors are not compensated by the Bureau of Alcohol, Tobacco, Firearms and

Explosives or the U.S. Department of Justice through workers compensation, employee in-surance, 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.

3.4 Background Investigation

All instructors 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, Instructors are required to provide personal information electronically through the Department of Justice e-QIP on-line application. Instructors will be sent a

DJA-15-AHDQ-R-0047 Page 11 of 40 unique link into e-QUIP via email, where they will be required to provide the requested information in the system. Instructors are to print out the specified signature pages from e-QIP and include the signed documents in the personnel security package when it is com-pleted 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.

3.5 Instructor Qualifications

Attachment 1 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 contract instructors required for each NCETR program, and the topics usually require specific and advanced knowledge, training, experience, and education in a variety of topics related to ATF’s explosives enforcement and training mission.

3.6 Quality Control

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.

3.7 Ordering and Invoicing Requirements

Ordering

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

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

For routine requests, ATF will allow the Instructor up to two (2) days from the time of request to respond affirmatively, before seeking an instructor from another source. For non-routine re-quests, the ATF Training Manager will determine the amount of available response time al-lowed on a case-by-case basis and provide this information to the contractor at the time of the request. No instructor will have recourse against ATF when situations dictate instructor scheduling outside of the standard time frames for placing instructor calls.

DJA-15-AHDQ-R-0047 Page 12 of 40

Invoicing

Complete invoicing instructions will be included in the terms and conditions of the Blanket Pur-chase Agreement. However, ATF expects Instructors to invoice upon completing the assigned course.

4.0 PROPOSAL INSTRUCTIONS

ATF’s objective is to provide a sufficient number of instructors to ensure prompt and effective training. Therefore, ATF will have recurring open submission periods to receive and evaluate proposals for additional contract instructors. The following schedule depicts the current and an-ticipated solicitation, submissions and evaluation timeframes:

Proposal Submission Times:

BPA Year 1 June 16, 2015 – June 26, 2015 January 1, 2016 – January 10, 2016

BPA Year 2 June 16, 2016 – June 26, 2016 January 1, 2017 – January 10, 2017

BPA Year 3 June 16, 2017 – June 26, 2017 January 1, 2018 – January 10, 2018

BPA Year 4 June 16, 2018 – June 26, 2018 January 1, 2019 – January 10, 2019

BPA Year 5 June 16, 2019 – June 26, 2019 January 1, 2020 – January 10, 2020

Proposals or requests for a BPA that are received by ATF outside the above-listed formal solicitation periods cannot be retained and considered, unless otherwise noted in the solicitation announcement.

Note: Proposals are to be sent via email to Mr. James Huff, Contracting Officer to James.Huff@atf.gov. All submissions must be received by 5:00 PM (EST) on the closing date for the proposed submission time. Submissions received after that time or by FAX or mail will

DJA-15-AHDQ-R-0047 Page 13 of 40 not be accepted.

Questions of a contractual nature should be addressed to Mr. James Huff, Contracting Officer to James.Huff@atf.gov, 202-648-9117.

Questions of a technical nature may be addressed to Special Agent William Joa, willi-am.joa@atf.gov.

Offerors should include a cover page with the RFP Title, BATF Solicitation Number, and the statement “Individual Instructor Submission.” The offeror should state on the first page of his/her proposal that he/she accepts the terms and conditions of the solicitation and this Statement of Work. The offeror must also state that it is fully expected that he/ she will successfully meet and fulfill the performance and regulatory Assumptions and Constraints detailed in Section 3.0.

Instruction: Offerors shall enter the daily rates for the specialty areas and BPA years which are being offered.

Price —the contractor shall propose a fixed daily rate and a fixed ½ day rate (less than 4 hours) for each instructor category for which he/she is qualified and intends to provide service. All proposed rates should include all anticipated charges, except travel and per diem that is allow-able under Federal Travel Regulations (local travel in not reimbursable). Contract Instructors will bill actual time scheduled/worked during training sessions, and associated travel, lodging, and per diem costs. Travel time, course development and preparation time will not be charged separately and must be incorporated into the daily fees if the instructor wishes to be com-pensated for the time.

(a) If the contractor’s price is bound by any special conditions, these conditions must be stated in the Price Proposal.

(b) Prices —the contractor shall propose fixed daily rates and 1/2 day rates by CLIN and BPA in the matrix contained in this Section. 1/2 day is considered 4 hours of instruction or less.

5.0 BACKGROUND

DJA-15-AHDQ-R-0047 Page 14 of 40

The information in this section is provided for the contractor to reference in preparing their proposal.

There is no formal standard on lead times for instructor selection, but ATF does provide report-ing instructions toallstudents and instructors typically 30 to 45 days prior to a course, so actual instructor selection/notification should take place no lessthan 60 days prior to a class. However, in the event of a need to backfill ATF instructors who have cancelledor are otherwise unavail-able, ATF sometimes provides only 1-2 weeks advance notice. ATF maintains a schedule of classes within its Learning Management System (LMS), on a fiscal year basis; however, this schedule is not formally published

Section G Section G

G.1 CONTRACT ADMINISTRATION OFFICE

The resultant contract will be administered by:

Department of Justice

Bureau of Alcohol, Tobacco Firearms and Explosives

Logistic Acquisition Division

99 New York Avenue NE

Washington, D.C. 20226

POC Jim Huff Contracting Officer james.huff@atf.gov PH# 202/648-9117

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Kelly Wilkerson

National Center for Explosives Training and Research (NCETR)

Corporal Road, Bldg. 3750

Huntsville, AL 35898

Cell Phone: 301/523-5972

DJA-15-AHDQ-R-0047 Page 15 of 40

E-Mail Kelly.Wilkerson@atf.gov

Scope of Specific COR Responsibilities.

This designation is limited to the responsibilities and authority contained below and does not confer authority to grant any deviation from contract provisions. The COR shall be careful to ensure the he or she does not alter the terms and conditions of the contract. The specific responsibilities of the COR may include:

Pre Award:

1. Develop contract specifications or work statement to promote competitive procurement actions;

2. Assist in market research and technical evaluation of prospective contractor;

3. Coordinate actions relating to funding and scope of work;

Post Award:

4. Maintain the COR file.

5. Maintain a list of cleared contractor and subcontractor personnel (names and social security numbers.)

6. Document in writing technical instructions to the contractor;

7. Review and submit recommendations to the contracting officer on subcontracts.

8. Monitor the contractor's performance to assure that it is strictly within the scope of the contract.

9. Promptly review reports, approve and keep adequate inspection and testing reports.

10. Accept deliverables.

11. Refer matters that may affect the contract to the contracting officer;

12. When the contractor is known to be behind schedule, inform the contracting officer with the reasons; coordinate corrective action necessary to restore the contract schedule with the contracting officer.

13. Furnish the contracting officer a copy of Government/contractor reports and correspondence.

DJA-15-AHDQ-R-0047 Page 16 of 40

14. Request the contracting officer authorize Government-furnished property and furnish the CO with disposition of Govern-ment--furnished property or contractor-acquired property;

15. Monitor contractual spending.

16. Review contractor invoices to ensure that they reflect accurately the work completed and deliverables received in accordance with the requirements of the contract. Certify acceptance under the contract. Submit invoice to the Financial Management Division, and provide a copy of the accepted contractor invoice to the contracting officer;

17. Formally request the contacting officer issue government desired changes in the work or services, and delivery schedule in a writ-ten modification before the contractor proceeds with the changes;

18. Report suspected fraud, bribery, conflicts of interest, and other improper conduct to the contracting officer.

19. Forward to the contracting officer any contractor request for public release of information regarding work being performed under the contract.

20. Notify the contracting officer of any inventions developed by the contractor during the performance of the contract.

21. When required, furnish the contracting officer with a formal request for contract termination.

22. Upon expiration of the contract attest in writing that the contractor has completed performance under the contract, has delivered all requirements and all goods and services are accepted.

23. Certify that the contractor employees have followed the proper checkout procedures when contractor personnel no longer require access to ATF facilities. The COR must ensure that the contractor completes the separation checklist for their personnel, and submits it to the COR. The COR will certify it, maintain the original in the COR file and provide a copy to the contracting officer.

24. Submit annual and final performance evaluation reports of contractor performance as required in the NIH database. A notice of satisfactory or unsatisfactory completion should be included with the final performance evaluation report.

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

BACKGROUND INVESTIGATION REQUIREMENTS (Revised December 13, 2012)

May 2010

Personnel Security Requirements

The Contractor shall be responsible for ensuring that all Contractor employees assigned hereunder shall undergo a background invest-igation 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.

The background investigation will be conducted by or under the auspices of the Personnel Security Branch, Office of Professional Re-sponsibility and Security Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is the responsibility of the Con-tractor to provide the necessary personnel suitability and security package in a timely manner, through the assigned Contracting Of-ficer’s Representative (COR), 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 COR until the Contractor has screened the following aspects of each potential Contractor employee’s personal history:

DJA-15-AHDQ-R-0047 Page 17 of 40

1. Criminal conduct

2. Financial responsibility

3. Drug use

4. Employment history

5. Employment eligibility

6. Selective Service registration, if applicable

7. U.S. Residency

8. 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 eligib-ility 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 ht-tps://www.vis-dhs.com/employerregistration/. This website provides instructions for completing a Memorandum of Understanding re-quired 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 COR 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 facilities, un-til 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.state.gov/s/l/treaty/collectivedefense/.

(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.

DJA-15-AHDQ-R-0047 Page 18 of 40

(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 COR 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 COR 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 COR. The COR will then ap-prise ATF’s PSB of the Contractor’s initial determination, citing the reasons thereof. The PSB, in consultation with the COR 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 facil-ities, 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 COR 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 COR.

(End of Clause)

ATF-14 ELECTRONIC INVOICING

ELECTRONIC INVOICING (Revised October 27,2008)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically. Invoicing 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.

DJA-15-AHDQ-R-0047 Page 19 of 40

Electronic invoices must be submitted to the ATF Contracting Officer's Representative (COR)/POC named in Section G/Section

3.3 of this contract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as the offi-cial original copy. The e-mail subject line must contain the name of the ATF COR/POC named in Section G/Section 3.3 of the oblig-ation document, the Order/Award number, the Invoice number and Vendor name (i.e.: John Doe_DJAxxxxxxxxx_Invoice #xxx_ABC, Inc.). ATF will return 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 COR/POC named in Section G/Section 3.3 of this contract and FMD address provided below:

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

(End of Clause)

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILTY INQUIRIES (Revised December 18,2013)

ATF contractors are required to provide quarterly contractor accounts payable liabilities. These quarterly submissions require contract-ors to update information on unpaid bills and non-invoiced activity.The quarterly submissions must be received by these dates:

December 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 Fin-ancial 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 Contracting Of-ficer's Representative (COR)/Point-of-Contact (POC) named in Section G of this contract.

Business Opportunities Page: http://www.atf.gov/content/contact-us/business-opportunities Vendor Query Instructions: http://www.atf.gov/content/contact-us/business-opportunities/vendor-query-instructions Excel Spreadsheet: http://www.atf.gov/files/about/business-opportunities/documents/vendor-query-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 COR/POC named in Section G of this contract and ATF's Accounting Branch at the address provided below:

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 (Revised July 19, 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 situ-ation is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting

DJA-15-AHDQ-R-0047 Page 20 of 40

Officer and the Contracting Officer's Representative COR(s), in writing, giving pertinent details; provided, however, that this date shall be information only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

(End of Clause)

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

AUTHORITY TO OBLIGATE THE GOVERNMENT (Revised July 19, 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-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

CONFIDENTIALITY OF INFORMATION AND DISCLOSURE (Revised April 3, 2008)

The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media fur-nished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are neces-sary to restrict access to such information while in the Contractor s possession, to those employees needing such information to per-form the work provided herein, e.g., on a need to know basis.