DJA-16-AHDQ-R-0029_Fire_and_Arson_Investigation_Training.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

DJA-16-AHDQ-R-0029

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/01/2016

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Jim Huff James.Huff@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489117 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

07/20/2020 16:00:00

CODE AACQ

ATF - ACQUISITIONS BRANCH

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

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 611430

SIZE STANDARD: $11,000,000

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

A501081CODE15. DELIVER TO

ATF National Center for Explosives Training & Research Corporal Road Bldg. 3756 Redstone Arsenal Huntsville, AL 35898

Devin Palmer

CODE A40100016. ADMINISTERED BY

ATF - Logistics & Acquisition Division 99 New York Ave NE

WASHINGTON, DC 20226

DIVISION CHIEF

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

Finance Branch

(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

This is a total Small Business Set-aside for Fire and Arson Investigation Training to include but not limited to Advanced Origin and Cause / Courtroom Testimony and Arson for Prosecutors classes for the National Center for Explosives Training and Research

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-16-AHDQ-R-0029 Page 1 of 44

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-16-AHDQ-R-0029 Page 2 of 44

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year

Fire and Arson Investigation Training to include but not limited to Advanced Origin and Cause / Courtroom Testimony and Arson for Prosecutors classes for the National Center for Explosives Training and Research (NCETR)

Line Period of Performance: 04/01/2016 - 03/31/2017

1.000000 DY $____________ $___________________

0002 Option Year One

Fire and Arson Investigation Training to include but not limited to Advanced Origin and Cause / Courtroom Testimony and Arson for Prosecutors classes for the National Center for Explosives Training and Research (NCETR)

Line Period of Performance: 04/01/2017 - 03/31/2018

1.000000 DY $____________ $___________________

0003 Option Year Two

Fire and Arson Investigation Training to include but not limited to Advanced Origin and Cause / Courtroom Testimony and Arson for Prosecutors classes for the National Center for Explosives Training and Research (NCETR)

Line Period of Performance: 04/01/2018 - 03/31/2019

1.000000 DY $____________ $___________________

0004 Option Year Three

Fire and Arson Investigation Training to include but not limited to Advanced Origin and Cause / Courtroom Testimony and Arson for Prosecutors classes for the National Center for Explosives Training and Research (NCETR)

Line Period of Performance: 04/01/2019 - 03/31/2020

1.000000 DY $____________ $___________________

0005 Option Year Four

Fire and Arson Investigation Training to include but not limited to Advanced Origin and Cause / Courtroom Testimony and Arson for Prosecutors classes for the National Center for Explosives Training and Research (NCETR)

Line Period of Performance: 04/01/2020 - 03/31/2021

1.000000 DY $____________ $___________________

See Page 14 of 44 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.

DJA-16-AHDQ-R-0029 Page 3 of 44

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.

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: 04/01/2016 thru 03/31/2017

CLIN DESCRIPTION UNIT Full Day Half Day

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

Option Period One: 04/01/2017 thru 03/31/2018

CLIN DESCRIPTION UNIT Full Day Half Day

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

Option Period Two: 04/01/2018 thru 03/31/2019

DJA-16-AHDQ-R-0029 Page 4 of 44

CLIN DESCRIPTION UNIT Full Day Half Day

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

Option Period Three: 04/01/2019 thru 03/31/2020

CLIN DESCRIPTION UNIT Full Day Half Day

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

Option Period Four: 04/01/2020 thru 03/31/2021

CLIN DESCRIPTION UNIT Full Day Half Day

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

DJA-16-AHDQ-R-0029 Page 5 of 44

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 (Oct 2015)

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-16-AHDQ-R-0029 Page 6 of 44

Clause Title

52.244-6 Subcontracts for Commercial Items (Dec 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 Fire and Arson Training Instructors with the intent to issue multiple Blanket Purchase Agree-ments (BPA) with fixed daily rates. ATF anticipates that opportunities to provide instruction will be rotated among successful instructors after consideration of availability, rates, geographic location and positive instructor ratings. ATF is not obligated to select an instructor to teach a specified course or to continue to use an instructor following BPA award. The selection of an instructor 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 actu-al instructional time or for time spent developing content for new or updated training. It is not the intent of this agreement to procure the services of placement companies with a pool of avail-able instructors. BPAs will be awarded on a one-to-one, individual basis.

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

DJA-16-AHDQ-R-0029 Page 7 of 44

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 fire and arson related topics to a variety of students including Federal, State and local law enforcement personnel, Federal, State and local government civilians, and other public safety related personnel. NCETR program man-agers must maintain the ability to update and change curricula on a regular basis, so the require-ments 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 require-ments apply:

1. Instructors must possess law enforcement fire and arson investigation, or fire and arson training skills that are considered part of NCETR specialty programs that may have unique ex-perience, education, and training requirements that support ATF’s fire and arson 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. Fire and arson specialist instructors should have at least 10 years subject matter related work experience.

4. Experience as an ATF Certified Fire Investigator or ATF Certified Explosives Specialist will be given special consideration.

5. Past experience instructing for ATF fire and arson training programs will be given special consideration.

6. Many courses require the instructor to provide both classroom as well as range instruc-tion. Fire and arson range instructors must have completed the ATF Advanced Origin & Cause and Courtroom Testimony (AOCCT) School and Enclosure Fire Dynamics School or have doc-umented experience with providing range instruction for ATF fire and arson training held at the National Center for Explosives Training and Research (NCETR), National Fire Academy

DJA-16-AHDQ-R-0029 Page 8 of 44

(NFA), Fire Research Laboratory (FRL), Federal Law Enforcement Training Center (FLETC), or International Law Enforcement Academy (ILEA). Exceptions may be made to contractor in-structors who possess unique qualifications based on fire and arson investigation industry ex-perience, litigation of fire and arson related legal proceedings, research and development exper-ience, or graduate level education in fire related disciplines, engineering, and scientific related disciplines.

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:

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

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

- Must be able to pass a background investigation as required by the train-ing program or training facility (see section 3.4 for more information).

- Must be willing to volunteer for random drug testing.

- Must have access to the internet and maintain a working email address for access to required on-line applications and to receive contractor noti-fications and announcements.

2. Instructors must not have been:

- Convicted of a felony offense.

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

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

DJA-16-AHDQ-R-0029 Page 9 of 44

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

- 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.

- 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.

- Must not be a prohibited person in regards to explosives and destructive device usage and possession as per Federal statutes.

- Must not be a prohibited person in regards to possessing and transferring firearms as per Fed-eral statutes.

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

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 in-structions where applicable, and evaluation requirements.

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

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

7. Instructors must follow security protocols for handling and securing student tests or examina-tions 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 instructed as well as any lesson plan or site specific requirements. ATF policies that may affect the con-duct of training are as follows:

- ATF O 3320.7 - Explosives Programs and Operations

- ATF O 3330.5 – Arson Enforcement Program

- ATF O 1630.1 - ATF Hazardous Exposure and Protection Program

9. Instructors must meet and adhere to current and future NCETR Standard Operating Proced-ures.

10. ATF will provide course lesson plans for all ATF-specific courses and any instructor devi-ation 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 Regu-lations.

DJA-16-AHDQ-R-0029 Page 10 of 44

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 being taught. Instructor skill levels must exceed minimum standards set for the students. Instructors may be asked to either provide documentation in advance to verify this requirement or the re-quirement may be validated through observation and evaluation by NCETR staff.

15. In order to continue to meet ATF requirements for currency of certifications and continuing 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 requirement.

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 pursu-ant to their agreements. Instructors are to ensure that ATF is informed when email addresses 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

While the Instructor is not prohibited from contracting to testify against ATF or any Federal governmental entity while contracted to provide goods or services to ATF under this or any oth-er Department of Justice contract, the Instructor agrees that he/she is prohibited from testifying as an expert or contractual witness against ATF or any governmental entity on any matter that requires the Instructor to rely upon or reference any lesson plans, curricula, or courses prepared by the Instructor pursuant to this contract, or upon any materials or information provided to contractor by ATF, that is not otherwise publicly available. The Instructor may not share or transmit to his or her agents, employee(s), employer(s) any of the aforementioned materials, 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-

DJA-16-AHDQ-R-0029 Page 11 of 44 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 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

DJA-16-AHDQ-R-0029 Page 12 of 44 a variety of topics related to ATF’s fire and arson 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.

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:

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Proposal Submission Times:

BPA Year 1 February 1, 2016 – February 15, 2016

July 1, 2016 – July 15, 2016

BPA Year 2 February 1, 2017 – February 15, 2017

July 1, 2017 – July 15, 2017

BPA Year 3 February 1, 2018 – February 15, 2018

July 1, 2018 – July 15, 2018

BPA Year 4 February 1, 2019 – February 15, 2019

July 1, 2019 – July 15, 2019

BPA Year 5 February 1, 2020 – February 15, 2020

July 1, 2020 – July 15, 2020

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

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 4:00 PM (EST) on the closing date for the proposed submission time. Submissions received after that time or by FAX or mail will 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/Program Manager Devin Palmer, devin.palmer@atf.gov or (256)261-7537.

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.

All responses will be evaluated and awards will be made to the most advantageous Offeror(s).

DJA-16-AHDQ-R-0029 Page 14 of 44

Instructors may bid on one or more Instructor Training Areas or CLINs (contract line item num-bers). Please clearly specify the CLIN/Area bidding by entering the proposed rates in the ap-propriate blocks within Section 4.3, Cost Factor. Resumes and past performance/ reference in-formation should clearly demonstrate relevance to the CLIN/Area proposed.

The following Federal Acquisition Regulation (FAR) clauses and provisions will be incorpor-ated into the BPA and are to remain in full force and effect: FAR 52.212-1, Instructions to Of-ferors – Commercial Items (Jan. 05); 52.212-2, Evaluation – Commercial Items (Jan. 05), and FAR 52.212-4, Contract Terms and Conditions – Commercial Items Required to Implement Statutes or Executive Orders – Commercial (Sep. 05).

Each offeror must include a completed copy of the provision at FAR 52.212-3, Offeror Repres-entation and Certification - Commercial Items with its proposal. A copy of the Offeror Repres-entations and Certifications-Commercial Items, FAR 52.212-3, can be found at ht-tps://www.learnatf.gov/customcontent/ATF/Documents/52 212-3RepsCerts.doc. The represent-ations and certifications must be included with the offeror’s proposal and the fill-in entries must be completed in order for the offer to be eligible; those that are not applicable should be annot-ated by entering “N/A”. Complete and save the form and email it as an attachment with your proposal.

Failure to follow the proposal instructions may result in the Instructor’s proposal being considered non-compliant and eliminated from consideration.

4.1 Cost Factor

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

Section G Section G

G.1 CONTRACT ADMINISTRATION OFFICE

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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

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:

DJA-16-AHDQ-R-0029 Page 16 of 44

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.

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.

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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:

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

DJA-16-AHDQ-R-0029 Page 18 of 44 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.

(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

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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-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)

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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…