SOW_IMESAFR_Support_Services.pdf

Statement of Work Explosives Research and Development Division (ERDD)

ERDD – Institute of Makers of Explosives Safety Analysis for Risk (IMESAFR) and Death and Injuries Resulting from Explosions (DIRE) Software and Testing Support

1 BACKGROUND

The Explosives Research and Development Division (ERDD) at the National Center for Explosives

Training and Research (NCETR) is an investment in scientific knowledge generation and technology development that will allow the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to adapt and respond to changes to the ongoing threat posed by the criminal misuse of explosives. Meeting the challenges and embracing the opportunities of a dynamic future are not only indicative of high-quality research and development (R&D), but are also responsive to the needs of our nation’s counter-improvised explosive device (C-IED) efforts. In short, ERDD provides value by improving the safe storage and disposal of explosives and enhancing the prosecution of explosives cases to serve ATF and the larger law enforcement community.

1.1 Organization

The Explosives Research and Development Division (ERDD) supports the Bureau’s primary mission by strategically conducting research into explosives that are of interest to ATF and developing technologies that further ATF’s mission. ERDD’s primary focus for R&D is to improve explosion investigation, explosive disposal, and explosive storage.

1.2 Objective/Scope.

The purpose of this contract is to obtain contractor support and technical expertise in the areas of software development, technical support, and range test support as it relates to the proprietary IMESAFR software.

IMESAFR is a probabilistic risk assessment tool used to calculate risk to personnel from explosives facilities. This tool is a supplement to the longstanding American Table of Distances (ATD). Whereas the

ATD provides a level of safety based on explosives quantity and distance, IMESAFR determines a level of safety based upon risk. In addition to explosives quantity and distance, IMESAFR uses the donor structure, the personnel activity at the donor, and the structure of the exposed sites to determine the level of safety. ATF would like to modify IMESAFR for use in forensic explosion investigation. Additionally, ATF would like to incorporate the DIRE near field and multistory models into the final software. The modifications are a multiphase effort requiring multiple tasks consisting of software changes, explosive range testing, and engineering model development.

2 TASKS

The Contractor shall be assigned work through the Contracting Officer’s Representative (COR), or the

Program’s Project Lead. All tasks shall have a COR/Project Lead’s concurrence prior to starting work.

2.1 Task 1 - Contract Management.

The contract deliverables are intended to facilitate the overall administration of the contract.

Attend a kick-off meeting with ATF personnel (Directorate, Division, and Branch), including assigned

COR to discuss policies and procedure. (Deliverable 1)

Monthly Status Report. Monitor contractor personnel activities and report to the Government the technical and operational status in a Monthly Status Report (Deliverable 2). This report shall include accounts of workload performed during the period. The Monthly Status shall include workload supported, deliverables submitted during the month, problem areas, work planned for the following month, and deliverables for special projects planned for the following month. The Monthly Status Report shall be due to the COR for the period prior to the 15th of each month.

2.2 Task 2 – Port of Death and Injuries Resulting from Explosions (DIRE) Software to

Java/C++. (Optional Task)

Current DIRE software is written in MATLAB and requires to be ported to Java/C++ for use on Windows

8.1 or Windows 10 platforms used in ATF. This task would update/port the models in DIRE from

MATLAB to Java/C++. The outcome is a running version of DIRE, same capabilities, on both Windows

8.1 and Windows 10. (Deliverable 3)

2.3 Task 3 – Update Logic of DIRE to Include Capabilities of IMESAFR. (Optional Task)

Current logic in DIRE does not support models developed for IMESAFR such as primary and secondary fragmentation, overpressure, building collapse, and thermal effects in the far field. This task would migrate these models to DIRE. The outcome is a running version of DIRE, with the added capability of displaying graphs of the far field effects such as fragmentation, overpressure, building collapse, and thermal. (Deliverable 4)

2.4 Task 4 – Map Based Graphical User Interface. (Optional Task)

The current interface of DIRE is simple text base input and graph output. This task would add the capability of displaying a specific site/location on a map, identifying structures (including multistory), and showing a heat map overlay on top of the map indicating risk/building damage. Multistory buildings would also have a graphical indicator of estimated damage by floor. Outcome is a running version of

DIRE capable is display an interactive map showing risk/building damage both planer and vertically.

(Deliverable 5)

2.5 Task 5 – Detailed Display of Fatality Mechanisms. (Optional Task)

The fatality mechanisms of an explosion event is composed of thermal, overpressure, fragmentation, and building collapse effects. This effort would allow the user to optionally view some or all of these effects in a heat map overlay on the map interface. It would also allow the user to view graphs showing these effects as a function of distance from the event. Outcome is a running version of DIRE that can display a heat map of the various fatality mechanisms with options to turn all or some of the mechanisms on/off.

Additionally, the user will be able to view graphs of the fatality mechanisms as a function of distance.

(Deliverable 6)

2.6 Task 6 – Detailed Technical Documentation of Internal Software Models Desktop

Application. (Optional Task)

It is critical that the underlying models used to calculate the various fatality mechanisms be open and available to users. This effort would document all underlying models in sufficient detail that the user can follow the calculations and logic used to arrive at the models output. The outcome of this effort is a portable document format (PDF) document that will allow interested users to understand and validate the underlying models used in DIRE. (Deliverable 7)

2.7 Task 7 - Training Curriculum Desktop Application. (Optional Task)

ATF needs to be able to train users in the use of the desktop software. This effort would develop training curriculum, documentation, and slides as necessary to teach law enforcement personnel how to use the desktop software as an investigative tool. Contractor will then then conduct 10 training classes at

NCETR. Outcome is curriculum, documentation, and slides that adequately teaches law enforcement how to use the desktop software in an explosion investigation and the delivery of 10 training classes at

NCETR. (Deliverable 8)

2.8 Task 8 – Develop Mobile Application for DIRE. (Optional Task)

Port DIRE desktop application to a handheld application. This effort would port the Windows desktop application to either iOS or Android depending on the current phone assigned to ATF investigators.

Outcome is a working Android or iOS application with the same functionality as the DIRE desktop application. (Deliverable 9)

2.9 Task 9 – Training Curriculum Mobile Application. (Optional Task)

ATF needs to be able to train users in the use of the mobile software. This effort would develop training curriculum, documentation, and slides as necessary to teach law enforcement personnel how to use the mobile software as an investigative tool. Contractor will then then conduct 10 training classes at NCETR.

Outcome is curriculum, documentation, and slides that adequately teaches law enforcement how to use the mobile software in an explosion investigation and the delivery of 10 training classes at NCETR.

(Deliverable 10)

2.10 Task 10 – Analytical and Test Support Efforts. (Optional Task)

It is expected that the temporary addition of support staff will be necessary during certain periods of performance for this agreement. ERDD chairs the IMESAFR Science Panel and will require technical and logistic support at varying times and levels of effort per year. In addition, short-term technical projects related to IMESAFR research, tests, studies, analyses, reports and other similar efforts, within the expertise areas of the selected contractors servicing this agreement, will require temporary additions of contractor staff. Travel reimbursement may be required for transportation, lodging, and per diem that are associated with the performance of a task order. Travelers under task order shall follow ATF and project travel regulations. Open Market Items reimbursement related to the performance of a task order may be required renting/purchasing of equipment or ranges. Contractor must purchase these items IAW all applicable acquisition regulations. The ordering officer must determine that the quoted prices for these items are fair and reasonable and within scope.

When acquiring additional support for IMESAFR related special projects, work orders will provide a project description, defined service requirements, identified labor categories, expected timeframes for completion, open market items, and travel. If additional areas of expertise are necessary to supplement the project, work orders will define the expertise and qualification requirements. (Deliverable 11)

3 DELIVERABLES

All electronic document deliverables shall be prepared using Microsoft applications in formats selected by the Contractor unless specified otherwise in the Government Furnish Information (GFI). All deliverables shall be delivered to the COR and the Service Leads electronically through email. Alternate methods of delivery, such as a file Dropbox, may be used with approval from the COR if files sizes prohibit the transfer of files through e-mail.

The contractor shall make any noted corrections/revisions, within 5 business days, after Government review and comment on deliverables. The COR and the Service Leads shall review all draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance with contract requirements. The Contractor shall ensure the accuracy and completeness of all deliverables. The Government shall consider errors, misleading statements, incomplete irrelevant information, excessive rhetoric, or repetition as deficiencies and the Contractor shall make corrections at no additional cost.

Marking and Delivery: The CO and COR shall finalize the method in which report deliverables are to be submitted and marked for delivery. Report deliverables may be required to be submitted electronically and in hard copy when original signatures need to be provided.

The List of deliverables is indicated below.

Table 1 Contract Deliverables

SOW Paragraph

Number

Deliverable Format Due Date

2.1 Deliverable 1 - Kick

Off Meeting

MS Word Needs to be identified as 5 business days after key personnel are cleared.

2.1 Deliverable 2 -

Monthly Status Report

Contractor’s Standard format as agreed to by the COR. MS Word

By the 15th of each month

2.2 Deliverable 3 - Port of

Death and Injuries

Resulting from

Explosions (DIRE)

Software to Java/C++

Java/C++ 5 months after Task

Order Award

2.3 Deliverable 4 - Update

Logic of DIRE to

Include Capabilities of

IMESAFR

Java/C++ 7 months after Task

Order Award.

2.4 Deliverable 5 - Map

Based Graphical User

Interface

Java/C++ 9 months after Task

Order Award.

2.5 Deliverable 6 - Detailed

Display of Fatality

Mechanisms

Java/C++ 9 months after Task

Order Award.

2.6 Deliverable 7 - Detailed

Technical

Documentation of

Internal Software

Models

MS Word/PDF 5 months after Task

Order Award.

2.7 Deliverable 8 -

Training Curriculum

MS Word/MS

PowerPoint

5 months after Task

Order Award.

2.8 Deliverable 9 - Develop

Mobile Application for

DIRE

Java/C++ 9 months after Task

Order Award.

2.9 Deliverable 10 -

Training Curriculum

Mobile Application

MS Word/PDF 3 months after Task

Order Award.

2.10 Deliverable 11 Will be specified in

firm fixed price task order.

Will be specified in firm fixed price task order.

4 PERIOD OF PERFORMANCE.

The period of performance under this contract is one (1) base year with four (4) option years of services. The period of performance for each task order shall be identified on each task order. The period of performance for special projects (Optional Task) shall vary depending on the project, but will not exceed one (1) full year.

5 PLACE OF PERFORMANCE.

The place of work shall be at NCETR facilities headquartered at 3750 Corporal Road, Huntsville, AL

35898. Travel may be required nationally and internationally in support of this effort.

6 CONTRACT TYPE.

The contract shall be an Firm-Fixed-Priced/Indefinite Delivery/Indefinite Quantity type contract.

Task orders placed under this contract shall be awarded as Firm Fixed Price based on all individuals being full time at 1920 hours each unless otherwise specified in the task order.

7 RESERVED

8 RESERVED

9 INSPECTION AND ACCEPTANCE

9.1 Inspection/Acceptance.

Supplies or services delivered under this contract shall be inspected and accepted by the COR.

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance in accordance with the appropriate inspection and acceptance clause.

The basis for acceptance shall be compliance with the Requirements/Objectives/Constraints set forth in the contract, and other terms and conditions of the contract. Deliverable items rejected shall be corrected in accordance with the applicable clauses.

9.2 Acceptance Criteria.

The COR will review all draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance within the guidelines/requirements of the delivery order. The contractor shall ensure the accuracy and completeness of all deliverables.

Errors, misleading or unclear statements, incomplete or irrelevant information, and or excessive rhetoric, repetition, and “padding”, shall be considered deficiencies and shall be subject to correction by the Contractor, at no additional cost to the Government. The Contractor shall make any noted corrections/revisions, within 5 business days, after Government review and comment on deliverables. If the deliverable does not meet the noted criteria, the Government will return it.

9.3 Rejection Procedures.

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

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

Any rework of rejected deliverables will be completed at no additional cost to the government.

No payments will be issued against rejected deliverables, until they are corrected and accepted by the Government.

10 PAYMENT PROCEDURES

ATF requires Contractors to invoice electronically on a monthly basis. Invoices shall be identified by CLIN. Invoicing electronically saves time, money, and physical storage space for both the Government and the Contractor. Each invoice must be a proper invoice in accordance with FAR 32.905(e). Electronic invoices should be submitted to financebranch@atf.gov , the

ATF COR and the CO. Electronic invoices will serve as the official original copy. Any questions may be directed to the ATF Finance Office at 202/648-7860.

If it is determined that the amount billed is incorrect, the invoice may be revised by the

Government, or the Contractor may be required to submit a revised invoice.

To constitute a proper invoice, each invoice must include the following information and/or documentation:

a. Name, address and telephone of the Contractor;

b. Date of invoice and invoice number;

c. Contract number; also modification number, if applicable; and task order number and its modification, if applicable;

d. Description of the supplies/services rendered (including hours incurred and billing rate, if applicable);

e. A schedule depicting the following information:

f. Amount Invoiced by Task

g. Authorized Amount by Task

h. Remaining This Period by Task

i. Cumulative Amount Invoiced by Task

j. Value of Contract Balance by Task mailto:financebranch@atf.gov

k. Name of Contracting Officer’s Representative (COR);

l. Travel and ODCs

Signature of authorized representative of the firm with the following invoice certification:

“The undersigned hereby certifies to the best of my knowledge and belief that the sum claimed under this contract is proper and due, and all the costs of contract performance have been paid, or to the extent allowed under the applicable payment clause, shall be paid by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and amounts involved are consistent with the requirements of this contract.”

BY:

TITLE:

DATE:

Contract Funding Status. The Contractor should immediately notify the CO (with a copy to the COR), in writing, when billing has reached 85 percent of the contract’s amount(s) or whenever remaining funds are not sufficient to cover anticipated performance through to the contract’s expiration date; whichever is sooner. The Contractor is cautioned that performance of work above the contract’s ceiling is at the contractor’s risk.

11 ATF POLICIES, PROCEDURES AND STANDARDS

The contractor shall conform to the following ATF guidelines, security requirements, and federal regulation and legislation throughout the life of the contract. ATF reserves the right to amend/upgrade these standards and internal guidelines, processes and procedures based on technological advances. The minimum Database Security Requirements as prescribed by the ATF are;

i. Information Systems Security Office (ATF ISSO)

ii. NIST Special Publication 800-53

iii. ATF Minimum Security Requirements for Contractor Off Site Labs

iv. ATF Publication, 7500.1 Rules of Behavior and Customer Agreement for

v. ATF Workstation Users

vi. Section 508 of the Rehabilitation Act (29 U.S.C. 794d), Subpart B

vii. PEP8 Guidelines for all Python Code

viii. Technical Standards, 1194.21, Software Applications and Operating Systems, and

1194.22, Web-based Intranet and Internet Information and Applications, as it applies to this requirement.

12 GOVERNMENT FURNISHED PROPERTY

ATF will provide the following government furnished property:

a. Laptops with keyboard, mouse, and docking station;

b. Tokens to VPN into the network and development environment;

c. ATF Contractor ID and access card.

d. Laboratory and range test equipment.

13 RESERVED

14 CERTIFICATION OF INVOICES

The Payment Office listed on the first page of the Award Document will make payment upon receipt of an accepted and properly submitted invoice.

Invoices/vouchers will be completed and submitted in accordance with this Section 16 – Invoice

Payment. The final invoice will be paid upon Government acceptance of the final deliverable.

Please also provide a copy of the invoice to the Contracting Officer.

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

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

The Invoice/Voucher shall include:

e. Contract or other authorization number

f. Product or service description.

g. Quantities received, if applicable.

h. Date(s) property or services accepted.

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

j. POC to discuss invoice issues.

15 PAYMENT

k. Payment for all supplies and services shall be made upon Government acceptance, in accordance with the appropriate Payments Clause, FAR 52.232-7.

16 INVOICE PAYMENT

The address to which payment should be made is: financebranch@atf.gov.

Electronic Invoicing (June 2005)

ATF strongly encourages Contractors to invoice electronically. Invoicing electronically saves time, money, and physical storage space for both the Government and the Contractor.

Each invoice must be a proper invoice in accordance with FAR 32.905.

Contractors able to submit invoices electronically should submit each invoice to financebranch@atf.gov with a copy to the COR. Electronic invoices will serve as the official original copy. Any questions may be directed to the ATF Finance Office at (202) 648-7860.

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

17 RESERVED

18 SECTION 508 COMPLIANCE.

The Contractor shall deliver compliant technology solutions in accordance with Section 508 regulations and applicable accessibility standards (36 CFR Part 1194).

19 CONTRACTOR PERSONNEL QUALIFICATIONS.

a. The Contractor shall have skills in IMESAFR, DIRE, explosives safety, explosive testing in support of IMESAFR/DIRE, analysis of models related to IMESAFR/DIRE.

20 KEY PERSONNEL

a. The Contractor shall provide the disciplines necessary to perform the tasks listed. The

Government reserves the right to reject proposed personnel if they do not meet the qualifications defined in the methodology for the positions requested. The Government does not expect the

Contractor to waste Government time and money on personnel that are not suitable for the qualifications required and described below.

b. The Government also reserves the right to reject proposed personnel substitutions if they do not meet qualification requirements. The Contractor shall absorb any costs resulting from substitutions of personnel initiated by the Contractor if they are deemed unsuitable. If a

Contractor employee hired under this contract resigns or is released, the COR shall be notified immediately. The COR will provide the Contractor a copy of the out-processing checklist for clearing the building. The employee must complete this checklist prior to final out-processing.

c. A variety of skill sets are needed for resources associated with this Statement of Work. The

Contractor shall provide a qualified team of experts with a variety of skill sets needed for explosives research and development. The contractor shall provide the following below listed personnel (titles or categories not necessarily the same as those being proposed) in sufficient numbers and with the skills and experience levels necessary to perform all the tasks identified in this SOW.

d. The Contractors shall have excellent research and mathematics skills, written and verbal communication skills, and experience developing detailed formal reports for submission to supervision; facilitating collaborative workshops; providing telephone support; and providing briefings and presentations.

e. The Contractors’ experience shall be such that they are considered an expert in their field, can assess expertise-related problems and recommend viable solutions, and can work independently on assignments with minimal guidance or oversight.

f. The Contractors shall be proficient in the use of Windows-based computer platforms (Microsoft

Windows 7, 8, and 10) and have experience using the Microsoft Office Suite (Office 2007 or

2013).

i. All key personnel positions require frequent lifting of test items or testing devices of 30-

40 pounds. On occasion, it also requires lifting and carrying of items up to 60 pounds.

The positions require long periods of standing and walking in/outdoors as well as stooping, bending, kneeling and working in tiring and uncomfortable positions.

ii. All key personnel in this work environment may be exposed to noise and fumes from test operations and to the possibility of explosion or burning of items which are experimental, defective, or operating at the limits of their capability. The work requires wearing protective clothing such as specially treated coveralls, safety shoes, safety glasses and hearing protection. There is a possibility of injuries such as cuts, bruises, sprains, burns and loss of limbs.

20.1 Key Personnel Labor Categories

20.1.1 Technical Subject Matter Expert Level I

a. Education: Bachelor’s degree

b. Basic Experience: 14+ years of technical experience.

c. Duties: Serves as Senior Principle Investigator for IMESAFR/DIRE research studies. Has overall responsibility for client interaction and the technical conduct of a study as well as for the interpretation, analysis, documentation, and reporting of results; represents the single point of control for projects; coordinates efforts of the study team; manages client relationships; compiles and communicates study requirements to appropriate team members; develops protocols and ensures that the protocol and report, including any changes, are approved and in compliance with appropriate SOPs, quality agreements, and regulatory agency guidelines; leads and supports project teams for continuous process improvement; innovates and suggests new business ideas and concepts, including expansion of current project; provides relevant information to assure accuracy of forecast and revenue recognition, reviews cost estimates and financial information for accuracy; monitors progress and status of assigned studies; leads efforts with the study team to troubleshoot and solve problems, as necessary; reviews report for accuracy and completeness;

provides technical/scientific guidance and leadership to ensure project completion and to other areas of the company; provides post-project analysis of study performance; leads and sponsors client visits; responsible for ensuring that any unforeseen circumstances that may affect the quality and integrity of a study are identified and documented as they occur and corrective action is taken; responds to unscheduled deadlines, client needs, and crises without neglecting other duties; authors scientific papers, which are published or presented at scientific meetings;

evaluates data to assure regulatory guidelines and scientific expectations are met; on a broad basis, is able to apply appropriate principles, theories, and concepts in the field of discipline;

applies a working knowledge of related disciplines; mentors and trains less-experienced staff.

20.1.2 Technical Subject Matter Expert Level II

a. Education: A Bachelor’s degree.

b. Basic Experience: 9+ years of technical experience

c. Duties: Plans, schedules, conducts or coordinates detailed phases of the engineering or scientific work in a project or performs work that involves conventional engineering or scientific practices. Typical work may include research, development, design, testing, logistics, analysis, production, maintenance, operation, planning, estimating, application, or standardization of engineering facilities, systems, structures, software applications, firmware, processes equipment, devices, or materials.

20.1.3 Technical Subject Matter Expert Level III

a. Education: A Bachelor’s degree.

b. Basic Experience: 2+ years of technical experience

c. Duties: Plans, schedules, conducts or coordinates detailed phases of the engineering or scientific work in a project or performs work that involves conventional engineering or scientific practices. Typical work may include research, development, design, testing, logistics, analysis, production, maintenance, operation, planning, estimating, application, or standardization of engineering facilities, systems, structures, software applications, firmware, processes equipment, devices, or materials.

21 ACCESS TO RECORDS, DATA AND FACILITIES.

a. The contractor shall permit the CO and/or designated representative(s) access at any reasonable time to all records, data and facilities used in performance for the services covered in this SOW.

22 QUALITY CONTROL.

The contractor shall develop, implement and maintain a quality control program. The program shall include inspection, validation, evaluation, corrective action and procedures necessary to affect quality control of all performance and products provided under the contract. The program shall allow inspection and evaluation by the Government, and shall be applicable to all subcontractors and members of the contractor’s team, as appropriate.

22.1 Points of Contact

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

b. Bureau of ATF

c. Attn:

d. 99 New York Avenue, NE, Washington, DC 20226

e. Phone: / Fax: 202/648-7535 (v) 202.648.9654 (f) f.

g. Technical POC:

h. Attn: S. Kevin McNeill

i. 3750 Corporal Road, Huntsville, AL 35898

j. Phone / 202/648-7622 (v) 256/261-7501 (f)

23 CONTRACT ADMINISTRATION

Notwithstanding the Contractor’s responsibility for total management responsibility during the performance of this contract, the administration of the contract will require maximum coordination between the Contracting Officer (CO), the Contracting Officer’s Representative (COR) and the contractor. The following individuals will be the Government points of contact during performance of the contract:

a. Contracting Officer (CO): The CO is responsible for the contract administration. The CO is the only person authorized to approve changes in the terms, conditions, delivery schedules, technical requirements or price, as set forth in the contract. Any changes not made expressly by the

Contracting Office will be considered to have been without authority. In such cases, the

Contractor is operating at their own risk. No adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The CO is Vernessa Younger (see

24.1). During any absence of the CO, identified for this contract, other warranted COs from

ATF may authorize work under the contract.

b. Contracting Officer's Representative (COR): A COR will be designated on authority of the CO to monitor all technical aspects and assist in administering the contract. The types of actions within the purview of the COR's authority are to assure that the Contractor performs the technical requirements of the contract; to perform, or cause to be performed, inspections necessary in connection with performance of the contract; to maintain both written and oral communications with the Contractor concerning the aspects of the contract within his/her purview; to monitor the

Contractor's performance under the contract and notify the Contractor and CO of any deficiencies observed; and to coordinate Government furnished property availability and provide for site entry of Contractor personnel, if required.

24 OTHER ATF REQUIREMENTS

24.1 Training

24.1.1 Government Mandatory Training for All Personnel.

Key contractor personnel are required to complete all ATF required training (i.e., Information Security

Awareness, Occupant Emergency Preparedness, etc.). Failure to complete all required training within allowed timelines may jeopardize access to ATF information, systems and facilities and prevent key

Contractor personnel from the completion of duties. Payment of Contractor fees will reflect lost productivity due to failure to train and may warrant either a request to replace key Contractor personnel or the termination of the agreement by the Government.

24.1.2 Contractor Employee Training and Development.

The Contractor is required to manage and maintain the skill sets of all Contractor employees assigned to the contract. Augmentation of skill sets may be required as industry standards and new technology is introduced. For the most part, ATF shall not be responsible for training Contractor staff on technology presumed essential to their job functions. However, the Contractor shall attend appropriate training classes and/or conferences at the request of the Government. Attendance at training and conferences shall be pre-approved by the Government.

24.2 DOJ and ATF Policy Violations.

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

24.3 Unsuitable Contractor Employees

Should the Contracting Officer or COR become aware that an existing Contractor employee under this contract becomes unsuitable or unfit for duties in this regard, the Contractor shall be advised by the

Government that such employee cannot be assigned to work or continue to work under this contract. The

Contractor shall immediately remove any such employee and begin the process to replace him/her with a suitable substitute.

The Government is not required to defend or provide the reason for requiring the removal of the unsuitable contractor employee. The Government shall not be responsible for any costs incurred by the

Contractor as a result of removing such employee from the subject contract.

ATF reserves the right to request a replacement Contractor employee or to terminate the contract if an acceptable replacement cannot be provided within 30 days. The replacement Contractor employee must have the equivalent skills to the original contract employee and must successfully pass an ATF background investigation.

The Contractor shall deduct $1,509.00 from its next monthly invoice for each contractor employee submitted for ATF personnel security processing who is not favorably adjudicated for access to ATF information, information technology systems, and/or unescorted access to ATF facilities. This deduction corresponds directly with the cost associated for conducting the requisite background investigation required for each contractor position. Additionally, the Contractor shall not charge ATF for costs associated with any screening performed by the Contractor on current or potential Contractor employees.

24.4 Ownership of Information and Deliverables.

All products and documentation developed under this contract will remain Property of the Government.

Regarding technology products, all source code, data and assets developed under this contract will remain property of ATF. All materials furnished by the Government, together with all plans, designs, reports, materials, programs and the documentation thereof, and all other items pertaining to the work and services to be performed pursuant to this contract shall become and remain with the Government upon completion. The Government shall have the full right to use each of these for its purposes without compensation or approval on the part of the Contractor. The Government shall have access to and the right to make copies of the above mentioned items. The Contractor is prohibited from utilizing any products, documentation and any other furnished materials for the purposes of any other production, contract or project. ATF prohibits the dissemination of any products, documentation and any other furnished materials to non-authorized Government personnel or members of the public in any manner without the written approval of ATF.

24.5 Non-Displacement of Qualified Workers Under Service Contracts.

Executive Order 13495, January 18, 2013. (Note: The format for this section has been taken directly from the executive order.)

“NONDISPLACEMENT OF QUALIFIED WORKERS”

"(a) Consistent with the efficient performance of this contract, the contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b) there shall be no employment opening under this contract, and the contractor and any subcontractor shall not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 days.

"(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of

1965, as amended, 41 U.S.C. 357(b), and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job.

"(c) In accordance with Federal Acquisition Regulation 52.222–41(n), the contractor shall, not less than

10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives.

"(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided in Executive Order (No.) 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

"(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph 5(c), above. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for non-compliance:

provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States."

24.6 Contract Minimum Order Requirement.

The Governments minimum order requirements under this contract is $1,000.00 per year and the maximum not to exceed $4,000,000.00

24.7 Terms and Conditions of the Task Orders

All task orders placed against this contract are subject to the terms and conditions of this contract at time of task order placement. Task Orders placed against this contract shall be for ATF only.

The Task Orders shall be awarded on a firm-fixed-price basis. The Government will be responsible for identifying specific requirements and periods of performance, for each task order.

24.8 Ordering Procedures

24.8.1 General.

Ordering activities shall use the procedures in this subsection when ordering services under this contract.

24.8.2 Statement of Work (SOW).

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

24.8.3 Request for Quotation (RFQ) procedures.

The ordering activity shall provide the RFQ to include at a minimum the SOW.

24.8.4 Orders at or below the micro purchase threshold.

Ordering activities may place orders at or below the micro-purchase threshold with any task order-holder.

The ordering activity should attempt to distribute orders at or below the micro-purchase threshold among all task order holders.

24.8.5 Orders that exceed the micro-purchase threshold.

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

The ordering activity shall provide each task order-holder a fair opportunity to be considered for each order issued.

The ordering activity shall request that task order-holders submit firm-fixed prices to perform services identified in the SOW.

24.8.6 Orders exceeding the maximum order threshold.

The ordering activity shall:

a. Provide the RFQ (including SOW and evaluation criteria) to additional task order-holders.

When determining the appropriate number of task order-holders, an ordering activity may consider, among other factors, the following: A. The complexity, scope and estimated value of the requirement; and B. The market search results.

b. Seek price reductions.

c. Ordering Activity.

d. Shall provide the RFQ (including the SOW and evaluation criteria) to any task order-holder that requests a copy.

24.8.7 Evaluation of Task Order.

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

24.8.8 Minimum documentation.

The ordering activity shall document:

a. The task order-holder considered, noting the task order-holder from which the service was purchased;

b. A description of the service purchased;

c. The amount paid;

d. The evaluation methodology used in selecting the task order holder to receive the task order;

e. The rationale for any tradeoffs in making the selection;

f. The price reasonableness determination required which is required.

24.8.9 Funding.

Funding will be obligated on each task order. The Government is obligated only to the extent of authorized task orders made under the contract.

24.8.10 Individuals Authorized to Purchase Under the Contract/Task Order.

All contracting officers within ATF are hereby authorized to place orders under the contract. Written task orders will be placed against the contract and delivered electronically. No oral orders will be placed.

24.8.11Task Order.

All task orders issued shall contain the following minimum information:

a. Name of Contractor

b. Contract number

c. Date of Purchase

d. Task Order Number

e. Itemized list of services furnished

f. Date and place of services