RFQ (ATT. 0)_SF 18-15A00025Q00000069.pdf

15A00025Q00000069 Page 1 of 65

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

PAGE OF PAGES

1 65

1. REQUEST NO.

15A00025Q00000069

2. DATE ISSUED

06/15/2025

3. REQUISITION/PURCHASE REQUEST NO.

DJA-25-APSD-PR-0035

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2 AND/

OR DMS REG. 1

RATING

ATF - ACQUISITIONS MANAGEMENT DIVISION

99 NEW YORK AVE. NE, #3.S-153

WASHINGTON, DC 20226

5a. ISSUED BY 6. DELIVER BY (Date)

7. DELIVERY

OTHER

(See Schedule)

FOB DESTINATION X

9. DESTINATION

5b. FOR INFORMATION CALL (NO COLLECT CALLS) a. NAME OF CONSIGNEE

NAME TELEPHONE NUMBER

AREA CODE

NUMBER

6489071 Ext.:

8. TO:

b. STREET ADDRESS

c. CITY

a. NAME b. COMPANY

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

06/15/2030 05:00 ET

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Field, Background-Investigative Services - Anticipating multiple-award, Basic-Ordering Agreements (BOAs) as a result

Firm Fixed Price

See Continuation Sheet(s)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%)

0.00 %

b. 20 CALENDAR DAYS (%)

0.00 %

c. 30 CALENDAR DAYS (%)

0.00 %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

0.00 NOTE: Additional provisions and representations [ X ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Sheray Millhouse | Sheray.Millhouse@ATF.gov

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Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule 2 Contract Clauses

52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.204-2 Security Requirements (Mar 2021) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.222-26 Equal Opportunity (Sept 2016) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (May 2024) 52.229-13 Taxes-Foreign Contracts in Afghanistan (Nov 2021) 52.229-14 Taxes-Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement) (Nov 2021) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-1 Disputes (May 2014) 52.237-3 Continuity of Services (Jan 1991) 52.245-1 Government Property (Sep 2021) 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007) 52.217-8 Option to Extend Services (Nov 1999) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014) ATF-04 Personnel Security Requirements (APRIL 2025) ATF-04_A1 ATF-04_A1 (Addendum 1) - National Security Information (NSI) Access Security Requirements (FEB 2024) ATF-14 Electronic Invoicing (APRIL 2025) ATF-17 Notice to the Government of Delays (APRIL 2025) ATF-18 Requirements for Access to Controlled Unclassified Information (APRIL 2025) ATF-19 Authority to Obligate the Government (APRIL 2025) ATF-20 Government-Furnished Property, Equipment and Information (APRIL 2025) ATF-21 All Items To Become The Property Of The Government (APRIL 2025) ATF-22 Confidentiality of Information and Disclosure (APRIL 2025) ATF-23 Privacy or Security Safeguards (APRIL 2025) ATF-24 Computer Security (APRIL 2025) ATF-25 Observance of Legal Holidays / Federal Non-Workdays (APRIL 2005) ATF-27 Information Resellers or Data Brokers and Contractor's Employee Background Checks (APRIL 2025) ATF-41 Department Policy on Domestic Violence, Sexual Assault And Stalking (APRIL 2025) ATF-50 Limitations on Subcontracting Under Small Business Set-Asides (APRIL 2025) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002)

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52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

3 List of Attachments

3.1 Statement of Work

3.2 Points and Payments Schedule

3.3 ATF's Points of Contact

4 Solicitation Provisions 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.204-7 System for Award Management (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.207-6 Solicitation of Offers From Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) 52.209-12 Certification Regarding Tax Matters (Oct 2020) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (Dec 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (Jun 2020) 2852.203-70 General Non-Disclosure Agreement (AUG 2016) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) DOJ-06 National Security Risk Assessment (APR 2014) 52.216-1 Type of Contract (Apr 1984) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

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Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Field, Background-Investigative Services - Estimated @ 2,400 hours/points per year per awardee & $50 per point per year

PSC: R615

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Ordering Year 1

PSC: R615

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Ordering Year 2

PSC: R615

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Ordering Year 3

PSC: R615

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Ordering Year4

PSC: R615

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

5001 Ordering Year 5

PSC: R615

0 EA $________ $_________________

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Section 2 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.202-1 Definitions (Jun 2020)

52.203-3 Gratuities (Apr 1984)

52.204-2 Security Requirements (Mar 2021)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance

(Aug 2020)

52.204-19 Incorporation by Reference of Representations and

Certifications (Dec 2014)

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems (Nov 2021)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

52.222-26 Equal Opportunity (Sept 2016)

52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts (May 2024)

52.229-13 Taxes-Foreign Contracts in Afghanistan (Nov 2021)

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Clause Title Fill-ins (if applicable)

52.229-14 Taxes-Foreign Contracts in Afghanistan (North Atlantic

Treaty Organization Status of Forces Agreement) (Nov

2021)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023)

52.233-1 Disputes (May 2014)

52.237-3 Continuity of Services (Jan 1991)

52.245-1 Government Property (Sep 2021)

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR

Deviation) (NOV 2020)

DOJ-01 Whistleblower Information Distribution (Oct 2021)

DOJ-02 Contractor Privacy Requirements (JAN 2022)

DOJ-03 Personnel Security Requirements For Contractor

Employees (Nov 2021)

DOJ-08 Continuing Contract Performance During a Pandemic

Influenza or other National Emergency (OCT 2007)

Clauses By Full Text

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option]. (End of clause)

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

(a) Mr./Ms. TBD of ATF , HQ 99 New York Ave NE , Mailstop TBD , is hereby designated to act as Contracting Officer's Representative (COR) under[Agreement # TBD] , for the period of 60 months from the date of award (specify the performance period of the contract that the designation covers).

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(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(End of Clause)

2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014)

(a) It is DOJ policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in “DOJ Policy Statement 1200.02, Federal Workforce Responses to Domestic Violence, Sexual Assault, and Stalking,” available in full for public viewing at: http://www.justice.gov/sites/default/files/ovw/ legacy/2013/12/19/federal-workplacee-responses-to-domesticeviolence-sexualassault-stalking.pdf.

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

(b) Upon contract award, DOJ will provide the Contractor with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking for the component or components where the Contractor will be performing. The Contractor agrees to inform its employees and employees of subcontractors, who will be assigned to work on DOJ premises, with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking.

(End of Clause)

ATF-04 Personnel Security Requirements (APRIL 2025)

Candidate Screening

A. The Contractor shall ensure that all potential Contractor employees (Candidates) assigned hereunder undergo ATF's personnel security process to determine their eligibility for access to ATF information, information technology (IT) systems, and/or unescorted access to ATF facilities.

B. The personnel security process will be conducted by or under the auspices of the Personnel Security Division (PSD), Office of Professional Responsibility and Security Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The Contractor is responsible for providing a Personnel Security Package to the Candidate to complete. Once completed, the Candidate must return the Package to the Contractor so that the Candidate may be screened by the Contractor.

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C. The Contractor will conduct the Candidate screening by reviewing each completed form submitted by the Candidate. The Contractor will make a preliminary determination whether the Candidate possesses a personal history that complies with ATF's Agency Specific Qualifications (ASQs).

1. If the Contractor has questions or concerns regarding the Candidate's responses to questions on any of the forms, the Contractor must discuss the responses with ATF's assigned Contracting Officer (CO)/Contracting Officer's Representative (COR) to determine whether ATF will accept the Candidate's Personnel Security Package for processing.

2. If the Contractor believes that the Candidate's responses are/will not be in compliance with one or more ASQs, the Contractor will remove the Candidate from consideration and, if warranted, identify a replacement Candidate.

D. Agency-Specific Qualifications (ASQs). ASQs are requirements established by Federal mandates, Department of Justice (DOJ) regulations or policies, and/or ATF regulations or policies that Candidates must be in compliance with prior to being granted access to ATF information, IT systems, and/or unescorted access to ATF facilities. ASQs include:

1. Drug Policy. ATF applies a specific policy to the Candidate's past and present illegal drug activities to determine whether the Candidate is in compliance with this ASQ. This internal policy is applied to the Candidate's responses on ATF F 8620.12, Drug Activity Questionnaire, completed as part of the Personnel Security Package.

a) Candidates currently involved in illegal drug activities or substance abuse may be ineligible for hiring.

b) Past involvement in illegal drug activities or substance abuse may disqualify the Candidate if activities were more than minimal and limited.

2. Financial Interests in Regulated Industries. Title 5, Code of Federal Regulations, Section 3801.107 states, "…no employee of the ATF, or spouse or minor child of an ATF employee, shall have, directly or indirectly, any financial interest, including compensated employment, in the alcohol, tobacco, firearms or explosives industries." (This includes being listed as a responsible person on a Firearms License or an Explosives License or Permit.) This regulation is applied to the Candidate's responses on ATF F 8620.44, Licensing Questionnaire, completed as part of the Candidate's Personnel Security Package, and ATF licensing records to determine if the Candidate complies with this ASQ.

a) The Candidate, his/her spouse, or his/her minor child with a financial interest in a firearms or explosives entity may have to surrender the license/permit and/or the financial interest in the business before the Candidate enters duty.

b) ATF's Office of Chief Counsel will make regarding financial interests held by the Candidate, his/her spouse, or his/her minor child in the alcohol and tobacco industries prior to the Candidate entering on duty.

3. Financial Responsibilities. The DOJ provides specific regulations and policies relating to a Candidate's financial obligations and delinquent debts. These regulations and policies are applied to the Candidate's responses on ATF F 8620.28, Financial History Questionnaire (completed as part of the Personnel Security Package), credit reports/financial data obtained by ATF, and the sensitivity level of the position for which the Candidate is being considered to determine if the Candidate complies with this ASQ.

a) A Candidate who is currently delinquent for more than 120 days with any debt must provide to the Contractor evidence of resolution by timely submitting proof of payment, confirmation of participation in or compliance with a payment plan, or proof of a legal remedy.

b) A Candidate who declines to provide evidence of resolution will disqualify the Candidate from eligibility consideration.

4. Prohibited Persons. ATF applies a specific policy to Candidates relating to an individual's prohibition from possessing or receiving firearms, explosives, and/or ammunition. This policy, based on the prohibitions outlined in the Gun Control Act (18 U.S.C. Chapter 44) and Importation, Manufacture, Distribution, and Storage of Explosives Materials (18 U.S.C. Chapter

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40), is applied to the Candidate's responses to ATF F 8620.57, Prohibited Persons Questionnaire (completed as part of the Personnel Security Package). ATF will conduct law enforcement and court record checks to determine whether the Candidate complies with this ASQ.

a) Federal law states that it is unlawful for a person convicted of a misdemeanor crime of domestic violence or has a qualifying order of protection against them to possess a firearm or ammunition. The law prohibits these persons from shipping, transporting, or receiving firearms or ammunition.

b) Federal law prohibits the possession of firearms, ammunition, and explosives by a person convicted of a crime punishable by a term of imprisonment exceeding one year; is a fugitive from justice; is an unlawful user of, or addicted to, a controlled substance; has been adjudicated as a mental defective or committed to a mental institution;

is an alien illegally or unlawfully in the United States; is an alien who has been admitted to the United States under a nonimmigrant visa (with certain exceptions); has been discharged from the military under dishonorable conditions;

or has renounced his/her U.S. citizenship.

c) Federal law prohibits the receipt of firearms and ammunition and the receipt or possession of explosives by a person under indictment for a crime punishable by a term of imprisonment exceeding one year.

5. Residency and Citizenship Requirements. The DOJ has specific requirements relating to a Candidate's residency status and citizenship, including that non-U.S. citizens shall not be authorized access to IT systems. Compliance with this ASQ is determined by identifying the Candidate's residency status and citizenship through a review of the Candidate's responses to ATF F 8620.58, Residency and Citizenship (completed as part of the Personnel Security Package); review of the Candidate's Personally Identifiable Information (PII); determination regarding the type of position applied for by the Candidate; and verification whether the Candidate requires computer access.

a) Residency Requirements. For 3 of the last 5 years, the Candidate must have either resided in the United States, worked for the United States in a foreign country in a Federal or military capacity, and/or been a dependent of a Federal or military employee in a foreign country. (The 3 years need not be consecutive; they may be cumulative during the past 5 years.)

b) Citizenship Requirements. The Candidate must be able to provide proof of U.S. citizenship or proof that they are a foreign national legally permitted to reside in the U.S. in order to work on an ATF contract and gain access to ATF information and/or unescorted access to ATF facilities. (Acceptable Department of Homeland Security Credentials to prove immigrant status or employment authorization are listed on Form I-9, Employment Eligibility Verification.)

1) Foreign nationals' country of citizenship must be on the approved countries list as defined by the Federal Personnel Vetting Investigative Standards or superseding regulations.

2) Candidates who are non-U.S. citizens may not be authorized access to or assist in the development, operation, management or maintenance of ATF IT systems unless temporary eligibility has been approved by the ATF Director, with the concurrence of the DOJ Chief Information Officer and the Department Security Officer.

6. Selective Service. Although there are a few exceptions, the Military Selective Service Act requires all male U.S.

citizens born after December 31, 1959, who are 18 years old but not yet 26 years old to register with the Selective Service.

Male Candidates should access https://www.sss.gov/ to verify that they are registered with the Selective Service. This requirement is applied to male Candidates' responses on Optional Form (OF) 306, Declaration for Federal Employment. ATF will also conduct a Selective Service query to determine whether the Candidate complies with the Selective Service Laws and this ASQ.

7. Homeland Security Presidential Directive 12 (HSPD-12). This Directive sets forth policy regarding the completion of a Personal Identity Verification (PIV) check prior to the Candidate being provided a federally-issued identification card for a Federal building and access to Government IT systems.

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a) When requested by an ATF representative, the Candidate must be able to present (in person for viewing) two forms of original, unexpired government-issued identification in accordance with HSPD-12 requirements (e.g., raised seal birth certificate or current passport, along with a current driver's license or state-issued photo identification card). Copies of the forms of identification and/or unexpired documents are not acceptable.

b) The COR or other approved ATF representative must complete a PIV check form and submit it along with the Personnel Security Package to the PSD.

c) The Contractor should advise the Candidate to locate the necessary forms of identification and/or documents in advance to assist in timely completion of this part of the personnel security process.

E. Contractor's Preliminary Determination of Employment Eligibility. The Contractor must make a preliminary determination whether the Candidate complies with the ASQs after reviewing the Candidate's completed Personnel Security Package.

1. When a Contractor determines that a Candidate is not in compliance with one or more of the ASQs, the Contractor should not submit the Candidate's Personnel Security Package for personnel security processing and should identify a new Candidate for consideration.

2. When a Contractor makes an initial determination that the Candidate complies with the ASQs, the Contractor should follow the below guidance relating to the E-Verify Program, Tentative Employment Offer, and Employment References.

Once the Contractor completes these responsibilities, the Contractor shall submit the Candidate's Personnel Security Package to the CO/COR.

F. E-Verify Program. Once the Contractor makes a preliminary determination that the Candidate is in compliance with ATF ASQs, the Contractor must access the Department of Homeland Security's E-Verify Program to verify the Candidate's U.S. employment eligibility, regardless of the Candidate's citizenship status. If the Contractor cannot verify the Candidate's employment eligibility, the Candidate's Personnel Security Package shall not be forwarded to the CO/COR.

1. Contractors must register for access to the E-Verify Program on-line at https://www.e-verify.gov/employers/enrolling-in-e-verify. This website provides instructions to employers on completing a Memorandum of Understanding required for official registration in the E-Verify Program.

2. 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.

G. Notification of Candidate Employment Reference Checks. The Contractor shall inform the Candidate that before being approved for access, ATF will conduct Supervisory Employment Reference Checks for all the Candidate's employments during the past 2 years if the Candidate is being submitted for a Temporary Eligibility determination. In addition, Contractors shall advise Candidates that employment records may be reviewed for all employments during the past 5 years if a background investigation (BI) is conducted.

H. Personnel Security Processing. Upon completion of the Candidate screening, the Contractor shall forward the Personnel Security Package to the CO/COR. The CO/COR will review the entire Package for completeness. The CO/COR will then electronically submit the Candidate along with all applicable personnel security forms to the PSD through PSD's Case Management System. The Candidate must submit his/her fingerprint cards to the PSD via commercial mail carrier to 99 New York Avenue, Suite 1.E-300, Washington, DC 20226 for processing.

Note: The personnel security process will not begin until a full package is submitted to include fingerprint cards.

1. Costs and fees associated with the Candidate screening (including fingerprinting) incurred by the Contractor or Candidate will not be reimbursed by the Federal government.

2. If a full BI is required, it may be a lengthy process to complete, depending on the complexity of the BI.

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3. To the extent practicable, the Contractor is encouraged to fill all positions with Candidates who have a current favorably adjudicated Federal BI that meets or exceeds the level of investigation required for the position. This may allow reciprocity of the Candidate's prior BI which could expedite the personnel security process.

I. Pre-Employment Screening (PES). The PSD will conduct a pre-employment screening (PES) on all Candidates, including those being considered for reciprocity. This screening is a thorough review, and expanded analysis, if necessary, of the Candidate's compliance with the Federal requirements and ASQs.

1. A favorable PES determination must be made to continue with the personnel security process.

2. If an unfavorable PES determination is made, the personnel security process will be terminated; the CO/COR will be notified; and the Contractor may be requested to submit another Candidate for consideration.

J. Adjudication of the Candidate's BI. Once the BI has been completed, the PSD will adjudicate the BI by applying the suitability standards under 5 CFR, Part 731, Federal adjudicative guidelines and ASQs. The PSD will then make a favorable or unfavorable adjudicative determination on whether to grant the Candidate access to ATF information, IT systems, and/or unescorted access to ATF facilities. The PSD will advise the CO/COR, who, in turn, will advise the Contractor of ATF's adjudicative determination.

K. Authorized Access to ATF Information, IT Systems, and/or Unescorted Access to ATF Facilities. A Candidate shall not be granted access to unclassified sensitive ATF information, IT systems, and/or unescorted access to ATF facilities until a favorable adjudicative determination has been made or temporary eligibility has been approved by the PSD.

Request for Temporary Eligibility to Hold a Sensitive Position

A. Conditions for Requesting Temporary Eligibility. To satisfy urgent ATF staffing needs, the CO/COR may request temporary eligibility of the mandatory pre-employment BI for a Candidate requiring access to ATF information, IT systems, and/or unescorted access to ATF facilities.

B. Submitting a Request for Temporary Eligibility. After justifying the need for temporary eligibility and obtaining all the necessary approvals, the CO/COR will prepare an ATF F 8620.69, Request for Temporary Eligibility to Hold a Sensitive Position and submit it along with the completed ATF Forms 8620.33, Employment Reference, for each of the Candidate's employments during the past 2 years. The CO/COR is responsible for conducting all reference checks unless a CO/COR receives prior approval from the PSD to designate another individual to conduct the reference checks.

C. Advantages/Disadvantages of Obtaining Temporary Eligibility. An approved temporary eligibility will allow the Candidate to begin the ATF assignment prior to the completion of the BI. However, if derogatory information develops during the course of the Candidate's BI, access to ATF information, IT systems, and/or unescorted access to ATF facilities will be rescinded. The Contractor may submit another Candidate for consideration.

Reciprocity

A. Criteria for Applying Reciprocity. In accordance with Executive Order 13488, guidance from the Office of Personnel Management and Security Executive Agent Directive 7 issued by the Office of the Director of National Intelligence, ATF may apply reciprocity to a prior favorably adjudicated Federal BI. In order for reciprocity to be applicable, all of the following criteria must be met:

1. The Candidate is a current ATF employee, an applicant for an ATF position, or being considered for a non-ATF personnel position.

2. A favorably adjudicated BI was conducted and meets or exceeds the position sensitivity level of the investigation required for the position.

3. If the Candidate is currently enrolled in a Continuous Evaluation/Continuous Vetting program, reciprocity can be applied regardless of when the prior reciprocal BI was completed.

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4. If the Candidate is not enrolled in a CE/CV program, the prior reciprocal investigation must have been completed within the past 5 years; or

5. If the Candidate has an active security clearance (regardless of level), the investigation must have been completed within the past 7 years.

6. The Candidate has not had a break in Federal service in accordance with the Personnel Vetting - Transfer of Trust scenario.

7. The favorable adjudication was based on the criteria in 5 CFR 731, or equivalent.

8. No new issues have been identified since the favorable adjudication.

9. Issues identified in the prior BI do not have a direct nexus with the core duties of the new position, suitability standards, adjudicative guidelines, ASQs, and ATF's mission.

B. Personnel Security Process When Applying Reciprocity. If reciprocity is applicable:

1. The Candidate's Personnel Security Package must still be submitted to allow the PSD to conduct a pre-employment screening/evaluation of ATF's ASQs; and

2. A Request for Temporary Eligibility to Hold a Sensitive Position will not be processed.

Denial or Disapproval of Access to ATF Information, IT Systems, and/or Unescorted Access to Facilities

A. Notification to CO/COR. If a Candidate is denied or disapproved for access to ATF information, IT systems, and/or unescorted access to ATF facilities due to issues found during the BI, the PSD will notify the CO/COR.

B. Notification to Contractor. The CO/COR will notify the Contractor when a Candidate's access is denied or disapproved; and the CO/COR may request that the Contractor provide another Candidate for consideration.

Privacy Act Requests

A. Request for a Copy of a BI File. Once the PSD makes a favorable or unfavorable adjudicative determination, a Candidate may receive a copy of his/her BI file by submitting a written Privacy Act request. The request must be addressed to:

Disclosure Division, Bureau of Alcohol, Tobacco, Firearms and Explosives 99 New York Avenue, NE, Suite 4E-301, Washington, DC, 20226

B. Monetary Costs Associated with Privacy Act Request. The Candidate is responsible for assuming all monetary costs associated with such request.

Escorted Access in ATF Facilities

A. Determination That Only Escorted Access in ATF Facilities is required. In those instances where the Contractor, CO or COR believes that a Candidate will only require escorted access in ATF facilities and will not need unescorted access to ATF facilities or access to any unclassified sensitive ATF information or IT systems, the PSD should be notified of the initial assessment along with documentation with the reasons for the determination. The PSD, in consultation with the CO/COR, will make the final determination on whether the personnel security process will be conducted on the Candidate or if escorted procedures can be authorized.

Note: Escorted procedures are only permitted for intermittent access to ATF facilities, and when there will be no access to ATF information or IT systems (i.e., Xerox mechanic, shredding company/vending machine personnel, etc.)

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B. Police Check Inquiries for Candidate's with Escorted Access in ATF Facilities. When the PSD determines that the Candidate will only require escorted access to ATF facilities and/or ATF construction sites, or will only be provided with access to low-risk, non-sensitive ATF information (e.g., information that does not adversely affect the conduct of Federal programs or the privacy to which individuals are entitled), the Candidate will undergo a criminal history check (police check inquiry) in lieu of the personnel security process.

1. ATF's Physical Security Programs Branch or the respective ATF field division/office is responsible for conducting police check inquiries and making a favorable or unfavorable determination whether to grant the Candidate escorted access to ATF facilities.

2. A police check inquiry is a separate procedure from the personnel security process and cannot be used as a substitution for the process; or as a temporary measure to grant access before the completion of the personnel security process.

Non-Disclosure Agreement for Access to Unclassified Sensitive Information

A. Agreement to Safeguard Unclassified Sensitive ATF Information, also referred to as Sensitive But Unclassified information or Controlled Unclassified Information. All Candidates are required to formally acknowledge their obligation to safeguard unclassified sensitive ATF information and their understanding of the penalties imposed for making an unauthorized disclosure of such information.

B. Acknowledgement of Agreement. Candidates make this acknowledgement promptly after entering on duty by completing a certification through ATF's Justice Talent Management System (JTMS) or ATF F 8800.6, Non-Disclosure Agreement for Access to Unclassified Sensitive Information.

Self-Reporting Requirements

A. All contractor employees must comply with DOJ Policy Statement 1700.04, Department Personnel Security Reporting Requirements.

B. All contractor employees must complete the Self-Reporting Requirements for All Contractor Personnel certification. The PSD must retain a copy of this certification in the contractor employee's security file.

C. Contractor employees must self-report all arrests and allegations of misconduct (on or off duty).

D. All reports must be submitted through DOJ's Justice Security Tracking and Adjudication Reporting System iReport module.

Contractor employees without access to iReport must use a hard copy reporting form provided by the COR or by requesting a copy from the PSD.

E. Additional reporting requirements are applicable for contractor employees who have access to National Security Information (NSI). See addendum A1, if applicable.

Reportable Activities of Other Covered Personnel

To ensure the protection of classified information or other information specifically prohibited by law from disclosure, covered personnel who occupy national security positions or sensitive positions, regardless of whether a clearance has been granted, must alert the PSD to reportable activities of other covered personnel that may be of potential security or counterintelligence concerns. Those activities include:

A. An unwillingness to comply with rules and regulations or to cooperate with security requirements.

B. Unexplained affluence or excessive indebtedness.

C. Alcohol abuse.

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D. Illegal use or misuse of drugs or drug activity.

E. Apparent or suspected mental health issues where there is reason to believe the issues may impact the individual's ability to protect classified information or other information specifically prohibited by law from disclosure.

F. Criminal conduct.

G. Any activity that raises doubts about whether another covered person's continued eligibility is clearly consistent with the interests of national security.

H. Any misuse of U.S. Government property or information systems.

Periodic Reinvestigations

A. Periodic Reinvestigation Requirement. Until such time as individuals occupying Public Trust positions are enrolled into a CE/CV program, they must undergo periodic reinvestigations in accordance with the 2012 Federal Investigative Standards and the Department of Justice's (DOJ) Contractor Security Requirements, DOJ 1700.01. Periodic background reinvestigations are required at least every 5 years.

B. Notification When Periodic Reinvestigation is due. The PSD will contact Contractor personnel directly or through the ATF CO/ COR when they are due for reinvestigations. Contractor personnel must comply with all reinvestigation requirements and requests.

C. Failure to comply with reinvestigation requirements may result in termination of access to ATF information, IT systems and/or facilities and therefore have a negative effect on the individual's ability to provide services to ATF.

Continuous Evaluation/Continuous Vetting

Contractor personnel may be submitted into Continuous Evaluation (CE)/Continuous Vetting (CV)programs (i.e., Federal Bureau of Investigation's Rap Back, Office of Director of National Intelligence, or any other federally approved program). CE/CV allows agencies to continuously monitor contractor personnel for criminal activities, civil actions and/or other conduct that may raise concerns regarding the contractor personnel's continued suitability for contract employment with ATF.

Eligibility to Access Classified National Security Information (NSI)

A. Addendum to Contract to Authorize Access to Classified NSI. This Contract, in and of itself, does not authorize a Candidate access to classified NSI. However, if clause ATF-04_A1 is included with this Contract, access to classified NSI may be authorized at the level outlined in the addendum.

B. Contract Language to Include Access to Classified NSI. If the Contractor, CO or COR believe that access to NSI is required after the contract is awarded, the PSD will assess the requirements and determine if access to NSI is required and at which level (Secret, Top Secret, or Top Secret - Sensitive Compartmented Information). If the PSD determines that access to NSI is required, the contract must include clause ATF-04_A1. If the Contract has already been awarded and access to NSI is later required, the Contract must be modified to include the applicable language access to NSI can be authorized.

Contract Modification(s)

ATF reserves that right to update ATF Clause ATF-04 at any time when new Federal requirements or other regulatory guidance is issued.

If the contractor will require access to classified information, systems, or facilities, the CO must complete the fill-in(s) under "ATF-04_A1 (Addendum 1) - National Security Information (NSI) Access Security Requirements (FEB 2024)" and select the appropriate level of access: Secret, Top Secret and/or Sensitive Compartmented Information (SCI) or SCI facility (SCIF).

(End of Clause)

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ATF-04_A1 ATF-04_A1 (Addendum 1) - National Security Information (NSI) Access Security Requirements (FEB 2024)

This language serves as an addendum to the existing personnel security language to ATF-04. The purpose of the additional language is to implement National Industrial Security Program (NISP) requirements.

The work to be performed under this contract amendment will involve potential access to classified materials, National Security Information (NSI), at the level of [select only one]:

(1) __ SECRET.

(2) __ TOP SECRET.

(3) __ TOP SECRET, SENSITIVE COMPARTMENTED INFORMATION (SCI).

The Contractor shall comply with the NISP Operating Manual (NISPOM) for all work performed under this contract that involves access to classified materials.

Duplication or disclosure of the data and other information to which the Contractor employee may have access as a result of this contract is prohibited by Public Law and is subject to criminal penalties.

For the purposes of this amendment, the definition of Security Program Manager (SPM) staff is the Personnel Security Division.

Contractor Facility

The Contractor shall possess a Defense Industrial Security Clearance Office (DISCO) Defense Industrial Security Clearance Facility Code and a Top-Secret Facility Clearance to fully perform this contract. The Contractor must provide proof of maintenance of the Facility Clearance requirement to the Contracting Officer (CO) on an annual basis.

Contractor Personnel

The type of security investigation required will be governed by the type of materials made available to the Contractor employee or facilities in which they need access. Contractor employees that require access to classified materials/facilities will be processed through the NISP.

Access to Classified Materials

Contractor employees requiring access to classified materials will be categorized at the appropriate sensitivity level.

Immediately after contract award, the Contractor's Facility Security Officer (FSO) shall furnish to the COR a list of all contractor employees working under this contract that are proposed to have access to NSI. The list shall include for each individual:

A. Complete name;

B. Social security number;

C. Date of birth;

D. Type of background investigation;

E. Investigation Closed Date; and

F. Security clearance level.

The COR shall provide the list to the PSD. Additionally, the Contractor's FSO shall provide a clearance certification on each individual validating each individual's clearance to the COR whom must submit to the PSD.

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The Contractor shall update this information as individuals are added or deleted from the contract. The Contractor will not be permitted to access to NSI until clearances are granted and clearance certifications are submitted to the ATF/PSD.

Contractor employees are required to take ATF's online course entitled "Introduction to National Security Information" on an annual basis. Failure to complete the aforementioned course within the allotted timeframe could result in the termination of the Contractor employee.

Self-Reporting Requirements

In accordance with ATF Clause 04, all contractor employees must acknowledge and agree to comply with DOJ Policy Statement 1700.04, Department Personnel Security Reporting Requirements.

All Contractor employees must self-report all arrests and allegations of misconduct (on or off duty). Contractor employees must also report in accordance with their Contractor's and Defense Security Services self-reporting policy. Additionally, the following activities must be reported as applicable based on level of clearance.

SECRET CLEARANCE

A. Unofficial foreign travel as detailed below.

B. Attempted elicitation, exploitation, blackmail, coercion, or enticement to obtain classified information or information specifically prohibited by law from disclosure, regardless of means.

C. Media contact, other than for official purposes, where the media seeks access to classified information or other information specifically prohibited by law from disclosure, whether or not the contact results in an unauthorized disclosure.

D. Any bankruptcy or any financial delinquencies over 120 days past due.

E. Any alcohol or drug-related addiction or treatment.

F. An application for, and receipt of, foreign citizenship.

G. An application for, or possession or use of, a foreign passport or identity card for travel.

H. Unofficial contact with a known or suspected foreign intelligence entity.

I. Continuing association with known foreign nationals that involves bonds of affection, personal obligation, intimate contact, or any contact with a foreign national that involves the exchange of personal information.

1. This reporting requirement is based on the nature of the relationship regardless of how or where the foreign national contact was made or how the relationship is maintained (e.g., via personal contact, telephone, postal system, or internet).

2. Following initial reporting, updates regarding continuing unofficial association with known foreign nationals are required only if, and when, there is a significant change in the nature of the contact.

TOP SECRET

A. Unofficial foreign travel as detailed below.

B. Attempted elicitation, exploitation, blackmail, coercion, or enticement to obtain classified information or information specifically prohibited by law from disclosure regardless of means.

C. Media contacts, other than for official purposes, where the media seeks access to classified information or other information specifically prohibited by law from disclosure, whether or not the contact results in an unauthorized disclosure.

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D. Financial anomalies, including, but not limited to, bankruptcy; garnishment; delinquency of over 120 days on any debt; and any unusual infusion of assets of $10,000 or greater, such as an inheritance, winnings, or similar financial gain.

E. Foreign national roommate(s): Any foreign national who co-occupies a residence for more than 30 calendar days.

F. Cohabitant(s).

G. Marriage.

H. Any alcohol or drug related addiction or treatment.

I. An application for, and receipt of, foreign citizenship.

J. An application for, or possession or use of, a foreign passport or identity card for travel.

K. Foreign Activities:

1. Direct involvement in foreign business.

2. Foreign bank account(s).

3. The ownership of foreign property.

4. Voting in a foreign election.

5. The adoption of non-U.S. citizen children.

6. Unofficial contact with a known or suspected foreign intelligence entity.

7. Continuing association with known foreign nationals that involves bonds of affection, personal obligation, intimate contact, or any contact with a foreign national that involves the exchange of personal information.

a. This reporting requirement is based on the nature of the relationship, regardless of how or where the foreign national contact was made or how the relationship is maintained (e.g., via personal contact, telephonic, postal system, internet).

b. Following initial reporting, updates regarding continuing unofficial association with known foreign nationals are required only if, and when, there is a significant change in the nature of the contact.

TOP SECRET/SENSITIVE COMPARTMENTED INFORMATION

A. Unofficial Foreign Travel as detailed below.

B. Attempted elicitation, exploitation, blackmail, coercion, or enticement to obtain classified information or information…