SF1449 - 15A00025R00000042 - Signed.pdf

15A00025R00000042 Page 1 of 66

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15A00025R00000042

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/13/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Brian Palmer Brian.Palmer@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

202-648-7730

8. OFFER DUE DATE / LOCAL

TIME

05/20/2025 11:00 ET

CODE 15A000

ATF - ACQUISITIONS MANAGEMENT DIVISION

99 NEW YORK AVE. NE, #3.S-125

WASHINGTON, DC 20226

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

334516

SIZE STANDARD:

1,000 Employees

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

X

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE 15A00016. ADMINISTERED BY

ATF - ACQUISITIONS MANAGEMENT DIVISION

99 NEW YORK AVE. NE, #3.S-125

WASHINGTON, DC 20226

Brian Palmer

(O) 202-648-7730 Brian.Palmer@ATF.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

A404040CODE18a. PAYMENT WILL BE MADE BY

ATF - FINANCE BRANCH

99 New York Ave. NE, #4.S-288 Washington, DC 20226

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

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Solicitation for a Firm Fixed Price contract for Service, Preventative Maintenance, and Support Plan for a Pyroprobe autosampler and Pyroprobe 6150 pyrolyzer

(SN: 6354053122).

Firm Fixed Price

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Brian M Palmer

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

05/13/2025

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19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 11/2021) BACK

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Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule

Section G Contract Administration Data 2 Contract Clauses

52.202-1 Definitions (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-2 Security Requirements (Mar 2021) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 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) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.232-18 Availability of Funds (Apr 1984) 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) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-3 Continuity of Services (Jan 1991) 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) ATF-01 Accessibility of Electronic and Information Technology (Section 508) (APRIL 2025) ATF-04 Personnel Security Requirements (APRIL 2025) ATF-09 Notice to Delay Performance (APRIL 2025) 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-37 Representation Regarding Acquisition by Lease, Purchase or Otherwise of any Equipment or Software (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) ATF-52 Indemnification Clause (MAY 2021) 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-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 4 Solicitation Provisions

52.204-7 System for Award Management (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.209-12 Certification Regarding Tax Matters (Oct 2020) 52.216-1 Type of Contract (Apr 1984) ATF-42 Partnering (APRIL 2025) DOJ-06 National Security Risk Assessment (APR 2014) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

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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 Service, Preventative Maintenance, and Support Plan for a Pyroprobe autosampler and Pyroprobe 6150 pyrolyzer (SN:

6354053122).

PSC: J066

Line Period of Performance: 05/31/2025 - 05/30/2026

Base Period

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Service, Preventative Maintenance, and Support Plan for a Pyroprobe autosampler and Pyroprobe 6150 pyrolyzer (SN:

6354053122).

PSC: J066

Line Period of Performance: 05/31/2026 - 05/30/2027

Unexercised Option 1

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Service, Preventative Maintenance, and Support Plan for a Pyroprobe autosampler and Pyroprobe 6150 pyrolyzer (SN:

6354053122).

PSC: J066

Line Period of Performance: 05/31/2027 - 05/30/2028

Unexercised Option 2

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Service, Preventative Maintenance, and Support Plan for a Pyroprobe autosampler and Pyroprobe 6150 pyrolyzer (SN:

6354053122).

PSC: J066

Line Period of Performance: 05/31/2028 - 05/30/2029

Unexercised Option 3

1 LT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Service, Preventative Maintenance, and Support Plan for a Pyroprobe autosampler and Pyroprobe 6150 pyrolyzer (SN:

6354053122).

PSC: J066

Line Period of Performance: 05/31/2029 - 05/30/2030

Unexercised Option 4

1 LT $________ $_________________

Section G Contract Administration Data

Colin Kingston and Cynthia Carter are hereby designated to act as Government’s Technical Representative (GTR).

(b) Performance of work under this contract is subject to the technical direction of the GTR 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;

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(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 GTR 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 GTR. If, in the opinion of the Contractor, any direction by the GTR 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.

POCs:

GTR: kingston.colin@atf.gov GTR: cynthia.carter@atf.gov Contracting Officer: brian.palmer@atf.gov

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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)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.204-2 Security Requirements (Mar 2021)

52.204-9 Personal Identity Verification of Contractor Personnel

(Jan 2011)

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)

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab

Covered Entities (Dec 2023)

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations (Nov 2015)

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

52.232-18 Availability of Funds (Apr 1984)

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Clause Title Fill-ins (if applicable)

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)

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

52.237-3 Continuity of Services (Jan 1991)

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

Deviation) (NOV 2020)

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

2014)

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 30 days before contract expires. [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before contract expires [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(months)(years).

(End of clause)

ATF-01 Accessibility of Electronic and Information Technology (Section 508) (APRIL 2025)

(a) Each Electronic and Information Technology (EIT) product furnished under this contract shall meet or exceed the Electronic and Information Technology

Accessibility Standards (36 CFR 1194). If the Contracting Officer (CO) determines any furnished product is not in compliance with the Standards, the CO will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, replace the non-compliant products within the time period specified by the Government in writing. If such replacement is not completed within the time specified, the Government shall have the following options:

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Cancellation of the contract, agreement, delivery or task order, purchase, or line item without termination liabilities; or

In the case of custom EIT being developed for the Government, the Government shall have the right to make any necessary changes or repairs itself or have another party/firm make the changes or repairs. The contractor shall reimburse the Government for any expenses incurred thereby.

(b) For every EIT product supplied under this contract/purchasing vehicle that does not comply with 36 CFR 1194, the contractor shall make every effort to replace or upgrade with a compliant, equivalent product, if commercially available and cost neutral. The replacement will occur on either the planned refresh cycle of the product or on the contract renewal date, whichever occurs first.

(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.

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.

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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 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.

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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.

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.

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

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.

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.

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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.)

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.

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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.

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

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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).

ATF-09 Notice to Delay Performance (APRIL 2025)

(a) In accordance with the 8(a) Partnership Agreement between the Small Business Administration (SBA) and the Department of Justice (DOJ), which became effective on June 1, 2007, the Contractor shall not begin performance under this purchase order until two- (2-) working days have passed from the date of its receipt.

(b) Unless the Contractor receives notification from the SBA that it is ineligible for this 8(a) award or otherwise receives instructions from the Contracting Officer, performance under this contract/purchasing vehicle may begin on the third (3rd) working day following receipt of such vehicle. If a determination of ineligibility is issued within the two- (2-) day period, the contract/purchasing vehicle shall be considered cancelled.

ATF-14 Electronic Invoicing (APRIL 2025)

(a) The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Federal Acquisition Regulation (FAR) encourages contractors to invoice electronically.

Invoicing electronically saves time, money, and physical storage space for both the Government and the contractor.

(b) Each invoice must be a proper invoice in accordance with Federal Acquisition Regulations (FAR) 32.905(b). The contractor may submit a combined invoice with each ATF contract/order number. The invoice must clearly identify the specific contract-line-item number (CLIN) or line number for which the contractor is seeking payment under the contract/order. If the invoice covers multiple CLINs or line items, the invoice must clearly identify specific amounts and activity applicable to each.

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(c) Electronic invoices must be submitted to the ATF Contracting Officer's Representative or Point of Contact (COR/POC) named in Section G/3.3 of this contract and

Financial Management Division (FMD), FinanceBranch@ATF.gov. Electronic invoices will serve as the official original copy. The e-mail subject line must contain the contract/purchasing vehicle's #, name of the ATF COR/POC named in Section G of this contract and/or purchasing vehicle (e.g., 15A00025AAQA000XX | John

Doe - Invoice #xxx). ATF will return to the contractor any invoices that do not contain the correct subject line information.

(d) Contractors who are unable to submit electronic invoices may mail their invoices to the COR/POC named in Section G/3.3 of this contract and FMD address provided below:

Bureau of Alcohol, Tobacco, Firearms & Explosives

Attn: Finance Branch - EXPEDITE CONTRACT INVOICE

99 New York Avenue, NE

Mail Drop 4S-288

Washington, DC 20226

ATF-17 Notice to the Government of Delays (APRIL 2025)

In the event the Contractor: 1) encounters difficulty in meeting performance requirements; 2) anticipates difficulty in complying with the contract-delivery schedule or completion date; or 3) has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting Officer and the CO's Representative(s), in writing, giving pertinent details. However, this notice shall not be construed as a waiver by the Government of any required contractual-delivery schedule or date or any rights or remedies provided by law or under this contract; instead, this notice shall be information only in character.

ATF-18 Requirements for Access to Controlled Unclassified Information (APRIL 2025)

(a) Duplication or disclosure of the data and other information to which the Contractor will have access as a result of this contract is prohibited. It is understood that throughout performance of this contract the Contractor will have access to confidential and sensitive data, which is either the sole property of the Government or is the sole property of other than the contracting parties. The Contractor and its subcontractor(s) shall protect and maintain the confidentiality of all data, including after contract completion, to which access may be gained throughout the contract's period of performance. The Contractor and its subcontractor(s) shall not disclose said data, any interpretations and/or translations thereof, or data derivative, to unauthorized parties without the prior written approval of the Contracting Officer (CO).

Subcontractors are subject to the same stipulations and will be held responsible for any violations of confidentiality.

(b) The Contractor will require each Contractor employee to submit to a criminal history check, prior to the employee's start date on the contract and as a pre-condition for employment relating to the subject matter of this effort.