DJA-15-AHDQ-R-0057.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

DJA-15-AHDQ-R-0057

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/04/2015

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Brian Wilkins Brian.Wilkins@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489120 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

08/24/2015 15:00:00

CODE AACQ

ATF - ACQUISITIONS BRANCH

Brian Wilkins 99 New York Ave. NE Washington, DC 20226

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 541219

SIZE STANDARD: $20,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

ABLANKCODE15. DELIVER TO

ATF

99 New York Ave NE Washington, DC 20226

CODE AACQ16. ADMINISTERED BY

ATF - ACQUISITIONS BRANCH

Brian Wilkins 99 New York Ave. NE Washington, DC 20226

(O) 2026489120

(F) 2026489654 Brian.Wilkins@ATF.gov

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

A404040CODE18a. PAYMENT WILL BE MADE BY

ATF - Finance Branch 99 New York Avenue NE, #4.S-288 Washington, DC 20226

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

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

One (1) Economist

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

James M. Huff

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

DJA-15-AHDQ-R-0057 Page 1 of 40

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

DJA-15-AHDQ-R-0057 Page 2 of 40

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section B Supplies or Services and Prices 3 Contract Clauses

Section C Description and Specifications Section F Deliveries or Performance

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

ATF-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

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-41 Department Policy on Domestic Violence, Sexual Assault, and Stalking ATF-34 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012) ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

ATF-31 KEY PERSONNEL

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2015) 52.204-7 System for Award Management (Jul 2013) 52.217-8 Option to Extend Services (Nov 1999) 52.232-18 Availability Of Funds (Apr 1984) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

4 List of Attachments 5 Solicitation Provisions

52.209-5 Certification Regarding Responsibility Matters (Apr 2010) 52.216-1 Type of Contract (Apr 1984) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) Section L Instructions, Conditions and Notices to Offerors or Respondents Section M Evaluation Factors for Award

DJA-15-AHDQ-R-0057 Page 3 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: One (1) Economist

Line Period of Performance: 09/01/2015 - 08/31/2016

1,920.000000 HR $____________ $___________________

0002 Option Year (1): One (1) Economist

Line Period of Performance: 09/01/2016 - 08/31/2017

1,920.000000 HR $____________ $___________________

0003 Option Year (2): One (1) Economist

Line Period of Performance: 09/01/2017 - 08/31/2018

1,920.000000 HR $____________ $___________________

0004 Option Year (3): One (1) Economist

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

1,920.000000 HR $____________ $___________________

0005 Option Year (4): One (1) Economist

Line Period of Performance: 09/01/2019 - 08/31/2020

1,920.000000 HR $____________ $___________________

Section B Supplies or Services and Prices

SECTION B

B.1 SUPPLIES / SERVICES BEING PROCURED

Provide the Bureau of Alcohol, Tobacco, Firearms and Explosives with one (1) Economist as specified in the Statement of Work.

B.2 CONTRACT TYPE

This will be a Firm-Fixed-Price with a Base Year and (4) Option Years.

B.4 PERIOD OF PERFORMANCE

BASE YEAR: 09/01/2015 thru 08/31/2016 OPTION YEAR (1): 09/01/2016 thru 08/31/2017 OPTION YEAR (2): 09/01/2017 thru 08/31/2018 OPTION YEAR (3): 09/01/2018 thru 08/31/2019 OPTION YEAR (4): 08/01/2019 thru 08/31/2020

B.5 PRICING

Contractor shall provide pricing based on 1920 hours for the Base and Options Years listed in Section 2 - Commodity or Service Schedule for CLIN 0001 through 0005.

DJA-15-AHDQ-R-0057 Page 4 of 40

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

Clause Title

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

Clauses By Full Text

Section C Description and Specifications

Bureau of Alcohol, Tobacco, Firearms and Explosives Statement of Work

Economist Expert Support

1.0 INTRODUCTION

The mission of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is to conduct criminal investigations, regulate the firearms and explosives industries, and assist other law-enforcement agencies. This work is undertaken to prevent terrorist acts, re-duce violent crime and protect the public.

2.0 BACKGROUND AND OBJECTIVES

This position is located in the Office of Regulatory Affairs (ORA), Enforcement Programs and Services Directorate, ATF. ORA is re-sponsible for the planning, development and issuance of the firearms, explosives, alcohol, and tobacco regulations, rulings and inform-ation collections that serve to provide guidance to the regulated industries and protect the public without imposing an undue burden.

In addition, ORA implements changes or additions to existing regulations through the rulemaking process.

The contractor shall provide the full range of economist expert support to the ORA staff including, but not limited to, the preparation of economic impact statements that accompany ATF regulatory actions and information collections.

3.0 SCOPE OF WORK

The scope of this task is to obtain contractor support and technical expertise necessary to perform the following: collection of costs and benefits of rulemakings, economic analysis, research and evaluation of programs, development of analytical techniques, testing, and documentation related to the analysis, design and development of rulemaking projects and information collections.

DJA-15-AHDQ-R-0057 Page 5 of 40

4.0 TASK

The contractor shall prepare economic impact statements that evaluate the impact of implementing ATF regulations and information collections to ensure ORA is provided with accurate, meaningful, and properly evaluated economic information related to the costs and benefits of ATF regulatory actions on the national or regional economies. The work includes complex economic research and analyses and developing analytical techniques for economic studies. These economic studies are generally written into a report and put into the public rulemaking docket typically required to satisfy the requirements of the laws and Executive Orders that outline the requirements for economic and regulatory analyses as required by Executive Order 12866, OMB Circular A-4, the Regulatory Flexib-ility Act and the Unfunded Mandates Reform Act. The contractor’s economic and regulatory analysis products will include analyses of economic impacts, costs and benefits for a range of alternatives, analysis of reporting and record keeping burdens, and analyses of prospective impacts on small businesses.

The contractor shall review ATF regulations and their associated economic analyses to outline any areas where these documents are deficient under the requirements of Executive Order 12866, OMB Circular A-4, the Regulatory Flexibility Act and the Unfunded Mandates Reform Act. The contractor also shall advise on the type of economic analyses needed to gain necessary clearances.

The contractor shall engage in the formulation, programming and guidance of projects or continuing programs involving economic is-sues of great importance and significance to the ATF regulatory program. Participate in intra-agency and interagency work groups that are concerned with ATF regulations and/or their associated economic analyses and respond to inquiries from the general public and high-level officials, both internal and external, related to the ATF regulatory program. Develop, present, and review new ideas for analysis and presentation of economic data that advance the methodologies used to estimate the benefits and costs of ATF regulations and information collections.

5.0 PERSONNEL MINIMUM QUALIFICATIONS

The Contractor shall provide one (1) full-time Economist. The economist shall possess a Bachelor of Science (BS) or Bachelor of Arts (BA) degree in economics along with the following general qualifications:

1. Knowledge of the laws and Executive Orders applicable to the Federal regulatory process, including Executive Order 12866, OMB Circular A-4, the Regulatory Flexibility Act and the Unfunded Mandates Reform Act

2. Knowledge of and experience with drafting and reviewing economic impact statements as part of the Federal regulatory process

3. Ability to develop and draft well-reasoned and clear economic impact statements, and analyze cost and benefits of regulatory actions and information collections

4. Ability to communicate analysis to management

5. Ability to outline any areas where the regulatory or information collection documents are deficient under the requirements of

Executive Order 12866, OMB Circular A-4, the Regulatory Flexibility Act and the Unfunded Mandates Reform Act

6. Ability to develop, present, and review new ideas for analysis and presentation of economic data that advance the methodolo-gies used to estimate the benefits and costs of ATF regulations and information collections

7. Ability to interact, on a daily basis, with management and decision-makers

6.0 CONTRACT TYPE

ATF contemplates a firm fixed-price contract with fixed hourly rates.

7.0 PERIOD OF PERFORMANCE

The Period of Performance will be from date of award for a one-year base period, plus four (4) one-year option periods.

8.0 PLACE OF PERFORMANCE

The principle place of performance shall be the ATF Headquarters Building, 99 New York Ave, N.E., Washington D.C. 20226.

9.0 HOURS OF WORK

The Contractor shall work between the hours of 8:00 a.m. and 5:00 p.m., Eastern Standard Time (EST), Monday through Friday, ex-cept Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or simil-ar Government-directed facility closings. Full-time work equates to no more than 1920 hours per year (2080 hours, minus 80 hours for holidays and 80 hours for vacation/sick leave). If requests are made for services outside of these established parameters, approval must be obtained in advance from the Contracting Officer (CO) prior to services being rendered. There may be some days where an earlier start or later finish is necessary, in which the Service Contract Act of 1965 would apply. The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this Statement of Work (SOW) when

DJA-15-AHDQ-R-0057 Page 6 of 40 the Government facility is not closed. When recruiting personnel for performance under this contract, the Contractor shall keep in mind that stability and continuity of the workforce are essential.

10.0 GOVERNMENT-FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

The Government shall provide the facilities, equipment, materials, and/or supplies/services needed to perform the work herein, includ-ing office workspace, furniture, telephone, fax, copier, computer equipment, printer, and internet backbone access for Contractor per-sonnel at the Government site. The Contractor shall instruct its employee in utilities conservation practices. The Government shall furnish the necessary supplies for general office work, to include preparing reports and training materials.

11.0 TRAVEL

No travel shall be required or reimbursed under this contract.

12.0 OTHER DIRECT COSTS (ODCs)

No ODCs shall be reimbursed under this contract.

13.0 PERSONNEL SECURITY

The Contractor is responsible for pre-screening prospective employees for suitability to work on this contract, for work on any result-ing contract and for assuring that all prospective employees have a Government-performed background investigation completed prior to assignment to the contract. The Contractor shall ensure that the person(s) to be utilized in the performance of this contract have been approved by the ATF Personnel Security Branch (PSB) as a result of the Government-performed background investigation. The Contractor shall ensure that each prospective contract employee furnishes all required data in the form and format determined by the PSB. The Contractor shall also ensure each prospective contractor submits the required forms in connection with the Government-per-formed suitability investigation PRIOR to work on this contract.

14.0 PHYSICAL SECURITY

The Contractor shall be responsible for safeguarding all Government property provided for Contractor use in accordance with ATF se-curity directives.

15.0 GOVERNMENT-CONTRACTOR RELATIONSHIPS

15.1 Non-Personal Services

The services to be provided under this task order are non-personal and no employer/employee relationship shall exist between the Government and Contractor’s employees.

15.2 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 employee

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 supervision, administration, or control over Government personnel, 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

16.0 IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of mem-bers of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products, and that Contractor participation is appropriately disclosed. In all communications with other Government Contractors in connection with this requirement, the Contractor employee shall state that they have no authority to in any way change the contract. Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees by wearing identification badges at all times while on Government premises.

DJA-15-AHDQ-R-0057 Page 7 of 40

17.0 ORGANIZATIONAL CONFLICT OF INTEREST

Any contractor or subcontractor having a conflict of interest as defined in FAR 9.5 must identify the conflict as soon as it is known and provide a recommended mitigation plan. Mitigation plans are required whenever a competing contractor has had unequal access to non-public information regarding this requirement and competition, or has assisted the Government in defining the requirements or evaluation criteria. The Contractor selected for this requirement may be precluded from bidding on the future requirement. The Con-tractor shall not employ any person who is an employee of the United States Government if that employment would, or would appear, to create a conflict of interest. Neither the Contractor nor its on-site employees shall utilize their knowledge of or access to informa-tion, sensitive or otherwise, for individual or company gain. Each Contractor employee shall be required to sign a Non-Disclosure and Conflict of Interest Statement.

Section F Deliveries or Performance

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERNCE

The folllowing contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contraxct. See http://www.arnet.gov/far

F.2 TERM OF CONTRACT

The contract shall be for a period of 12 months plus four-one year option periods.

Base Period: 09/01/2015 thru 08/31/2016 Option Year One: 09/01/2016 thru 08/31/2017 Option Year Two: 09/01/2017 thru 08/31/2018 Option Year Three: 09/01/2018 thru 08/31/2019 Option Year Four: 09/01/2019 thru 08/31/2020

F.3 PLACE OF PERFORMANCE

Place of performance shall be at the following locations:

ATF

99 New York Avenue, NE Washington, DC 20226

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:

1. Criminal conduct

DJA-15-AHDQ-R-0057 Page 8 of 40

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-0057 Page 9 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.

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-

DJA-15-AHDQ-R-0057 Page 10 of 40 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 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.

DJA-15-AHDQ-R-0057 Page 11 of 40

(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-24 COMPUTER SECURITY

COMPUTER SECURITY (Revised August 17, 2010)

(a) The Contractor is responsible for briefing their staff on accountability, system security requirements and sound security prac-tices.All contractors will be briefed by the Contracting Officer's Representative (COR) on and must comply with US Department of Justice and ATF s Information Systems Security Directives.Each contractor assigned under this contract are required to sign the Certi-fication Statements, indicating the individual has read and will comply with the order or directives.

(b) The Contractor will ensure that all departing contractor employees turn in their identification cards, keys, programs, data files, etc.

within their possession.The Contractor will certify to the Contracting officer that the hard disk drives of any workstations and/or laptops used by their departing employees have been purged of all Government information, unless such equipment is reassigned to another employee on this contract.Additionally, the COR will notify the Information Services Division Operations Systems Branch when a contractor is departing so that his/her access can be removed from all information systems accesses that they were assigned as a user.

(c) At the termination of this contract, the Contractor shall certify in writing that all Government information has been cleared and purged from all contractor-owned equipment and electronic storage media.Government information on electronic media includes any data remanence from temporary file storage during processing.

(d) If system development, maintenance, or enhancements are performed as part of this contact, the Contractor will comply with ATF Information Systems Security Office policy and procedures to ensure the work being performed meets the minimum-security require-ments.Contact the Information Systems Security Office at 202-648-9510, for the current policy and procedures.

COMPUTER SECURITY TRAINING

All contractor employees must complete operations security training, presented by ATF, after contract award.The time and location of this training will be scheduled by ATF.Computer Security Awareness Training, presented by ATF, shall be completed on a yearly basis.

ATF reserves the right to limit or deny access of contractor employees to ATF information, services or systems in the event of a breach of this clause, or of any ATF, Department of Justice or other applicable law, regulation or policy.

(End of Clause)

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

OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised March 24, 2008)

The following Federal Holidays are observed by ATF:New Year's Day, Martin Luther King Jr.'s Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day.There are certain types of irregularly occurring circumstances that prompt the Government to close its offices where Contractor personnel are working, either on

DJA-15-AHDQ-R-0057 Page 12 of 40 a national or local basis (i.e. bomb threats, inclement weather, power outages, death of national figures, holidays declared by Presiden-tial order, or funding lapses).Contractor staff shall not work if the Government is closed unless the CO has given prior approv-al.Non-work due to the Government closing its facility(ies) is not an expense directly reimbursable to the Contractor.However, in those rare instances when the Government operations are curtailed for the balance of a workday that has already commenced, the Con-tractor may bill for the balance of the scheduled workday with the written acknowledgement of the Contracting Officer's Representat-ive (COR) and final approval of the ACO.

(End of Clause)

ATF-26 SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION (PII)

SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY IDENTIFIABLE DATA (PII) (Revised May 22, 2008)

a. Systems Security

The work to be performed under this contract requires the handling of data that originated within the Department, data that the con-tractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.

For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice (DOJ) systems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by the Of-fice of Management and Budget [OMB] and the National Institute of Standards and Technology [NIST]), DOJ IT Security Standards, DOJ Order 2640.2E, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Order 7250.1.The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts.DOJ access shall include independent validation testing of controls, system penetration testing by DOJ/ATF, Federal Information Security Man-agement Act (FISMA) data reviews, and access by the Department s Office of the Inspector General for its reviews.

The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the contracting officer (CO) certifying the following requirements:

1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product;

2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism;

4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract in-cluding sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department;

5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product;

6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in ac-cordance with security requirements applicable to DOJ;

7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts;

8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information;

9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accom-plished in accordance with DOJ/ATF Information Technology (IT) Security policy requirements. Certification of data removal will be performed by the contractor's project manager and a letter confirming certification will be delivered to the CO within 15 days of ter-mination of contractor work;

b. Data Security

DJA-15-AHDQ-R-0057 Page 13 of 40

By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unau-thorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one (1) hour of discovery) report the breach to the DOJ CO and the contracting officer's representative (COR).

If the data breach occurs outside of regular business hours and/or neither the CO nor the COR can be reached, the contractor shall con-tact the Bureau of ATF s, Office of Science and Technology (OST) Help Desk at 1-877-875-3723 within one (1) hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours.

c. Personally Identifiable Information Notification Requirement

The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with ATF s OST Information Systems Security Office, and shall not proceed until ATF has made a determination that no-tification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notifica-tion by the contractor shall be coordinated with, and be subject to the approval of ATF.The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

d. Pass-through of Security Requirements to Subcontractors

The requirements set forth in Paragraphs a through c above apply to all subcontractors who perform work in connection with this con-tract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.

(End of Clause)

ATF-41 Department Policy on Domestic Violence, Sexual Assault, and Stalking

(a) DEPARTMENT POLICY ON DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING (January 8, 2015)

It is the Department’s policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalk-ing. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at:

ht-tp://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-sexualassault-stalki ng.pdf

Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises.

(b) POINT OF CONTACT FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING (January 8, 2015)

Upon contract award, the Department will notify contractor of the name and contract information for the Point of Contact for Victims of domestic violence, sexual assault, and stalking for the component or components where Contractor will be performing. The name and contact information for the ATF Contractor Victim Point of Contact (CV POC) is Mr. Kenneth Houser, Chief, Acquisitions Policy and Agreements Branch, (202) 648-7693. Contractor agrees to inform its employees and employees of subcontractors who will be as-signed to work on Department premises of the name and contact information for the Victim Point of Contact.

ATF-34 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012)

(a) In accordance with sections 543 and 544 of Title V, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L.

112-55), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooper-ative agreement with a corporation –

(1) Convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered sus-pension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of

DJA-15-AHDQ-R-0057 Page 14 of 40 the Government, or

(2) With any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been ex-hausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for col-lecting the tax liability, unless an agency has considered suspension and disbarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that-

(1) The offeror/contractor is not a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months; and

(2) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agree-ment with the authority responsible for collecting the tax liability.

(End of Clause)

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

STATEMENT OF WORK / SPECIFICATIONS (Continued) (March 23,2009)

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

(End of Clause)

ATF-31 KEY PERSONNEL

KEY PERSONNEL (April 16, 2010)

a) The positions specified below are considered to be essential to the work being performed hereunder.

Economist

b) Prior to diverting any of the specified individuals assigned to key personnel positions to other programs, the Contractor shall notify the Contracting Officer within thirty (30) days and shall submit justification (including a proposed substitution) in sufficient detail to permit evaluation of the impact on the program.

c) No diversions shall be made by…