sol BOA 15A00020R00000076.pdf

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15A00020R00000076

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/29/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Simone.Rittenhouse@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489131 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

08/07/2020 13:00 ET

CODE 15A000

ATF - ACQUISITIONS BRANCH

Simone Rittenhouse 99 New York Ave. NE Washington, DC 20226

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD: $20,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

15A000CODE15. DELIVER TO

Personnel Security Branch 99 New York Ave, NE Suite 1.E-300 Washington, DC 20226

CODE 15A00016. ADMINISTERED BY

ATF - ACQUISITIONS BRANCH

Simone Rittenhouse 99 New York Ave. NE Washington, DC 20226

(O) 2026489131

(F) 2026489654 Simone.Rittenhouse@ATF.gov

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

A404040CODE18a. PAYMENT WILL BE MADE BY

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

Finance Branch

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

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

In-House Investigative Services in support of the Bureau of ATF

ATF Acquisitions POC: Simone Rittenhouse, 202-648-9131, Simone.Rittenhouse@atf.gov

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

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

Jeannine H Beavers

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

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Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section B Supplies or Services and Prices/Costs 3 Contract Clauses

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

ATF-04A2 CLASSIFIED TOP SECURITY (TS) (Exception/Addendum)

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

ATF-11 ATF IDENTIFICATION (ID) MEDIA

ATF-12 NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION

TECHNOLOGY (IT) SYSTEMS

ATF-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-18 REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE

INFORMATION

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

ATF-21 ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-23 PRIVACY OR SECURITY SAFEGUARDS

ATF-24 COMPUTER SECURITY

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

ATF-26 SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY IDENTIFIABLE

INFORMATION (PII)

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued) ATF-41 Department Policy on Domestic Violence, Sexual Assault, and Stalking ATF-46 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015)

ATF-47 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE (Deviation 2015-02) (March 2015)

ATF-49 ATF-49 SECURITY OF INFORMATION AND INFORMATION SYSTEMS, INCLUDING

PERSONALLY-IDENTIFIABLE DATA (PII) (Revised April 8, 2016) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Mar 2020) 52.217-8 Option to Extend Services (Nov 1999) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

4 List of Attachments Section J List of Documents, Exhibits and Other Attachments

5 Solicitation Provisions 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) ATF-43 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Solicitation (DEVIATION 2015-02) (March 2015) ATF-44 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) 52.216-1 Type of Contract (Apr 1984)

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 In-House Investigative Services in support of the Bureau of ATF.

NTE 2000 standard hours per agreement period.

Basic Ordering Agreements will be awarded, as a result of this solicitation.

Firm Fixed Price

PSC: R499

Line Period of Performance: 08/31/2020 - 08/30/2025

1 LT $________ $_________________

Section B Supplies or Services and Prices/Costs

As a result of this solicitation, multiple Basic Ordering Agreements (BOA) will be awarded, in accordance with the terms and conditi ons and the requirements in the Federal Business Opportunities (FBO) Request for Proposal (RFP).

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)

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)

52.204-2 Security Requirements (Aug 1996)

52.204-7 System for Award Management (Oct 2018)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.233-1 Disputes (May 2014)

Clauses By Full Text

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

BACKGROUND INVESTIGATION REQUIREMENTS (May 2010, Revised October 31, 2019)

Candidate Screening

A. The Contractor shall be responsible for ensuring that all potential Contractor employees (Candidates) assigned hereunder under go 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). It is the responsib ility of the Contractor to provide a Personnel Security Package to the Candidate to complete. Once completed, the Candidate must re turn 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 Cont ractor will make a preliminary determination whether the Candidate possesses a personal history that is in compliance 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 Contrac tor must discuss the responses with ATF’s assigned Contracting Officer (CO)/Contracting Officer’s Representative (COR) to determ ine 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 th e Candidate is in compliance with this ASQ. This internal policy is applied to the Candidate’s responses on ATF F 8620.12, Drug Act ivity Questionnaire, completed as part of the Personnel Security Package.

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

b) Past involvement in illegal drug activities or substance abuse may disqualify the Candidate if activities were more than mini mal 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 compe nsated 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 is in compliance with this ASQ.

a) The Candidate, his/her spouse, or his/her minor child who has a financial interest in a firearms or explosives entity must surren der the license/permit and/or the financial interest in the business prior to the Candidate entering on duty.

b) A determination by ATF’s Office of Chief Counsel will be made regarding financial interest held by the Candidate, his/her spo use, or his/her minor child in the alcohol and tobacco industries once the Candidate enters on duty.

3. Financial Responsibilities. The DOJ provides specific regulations and policies relating to a Candidate’s financial obligation s 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 is in compliance with this ASQ.

a) A Candidate who is currently delinquent more than 120 days with any debt, must provide to the Contractor evidence of resoluti on by timely submitting proof of payment, proof 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 re ceiving 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). A TF will conduct law enforcement and court record checks to determine whether the Candidate is in compliance with this ASQ.

a) Federal law states that it is unlawful for a person who has been convicted of a misdemeanor crime of domestic violence or has a qualifying order of protection against him/her to possess a firearm or ammunition. The law also prohibits these persons from shippin g, transporting, or receiving firearms and/or ammunition.

b) Federal law prohibits the possession of firearms, ammunition, and explosives by a person who has been 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 control led substance; has been adjudicated as a mental defective or committed to a mental institution; is an alien illegally or unlawfully in the

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United States; is an alien who has been admitted to the United States under a nonimmigrant visa (with certain exceptions); has been d ischarged 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 who is 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 review of the Candidate’s responses to ATF F 8620.58, Reside ncy and Citizenship (completed as part of the Personnel Security Package); review of the Candidate’s Personally Identifiable Informa tion (PII); determination regarding the type of position applied for by the Candidate; and verification whether the Candidate requires c omputer access.

a) Residency Requirements. For 3 of the last 5 years, the Candidate must have either resided in the United States, worked for th e 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 f oreign country. (The 3 years do not need to 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 he/she is 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 unes corted 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 listed on the U.S. Collective Defense Arrangement Agreement approved co untries list as defined by the Federal 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 concurrence of the DOJ Ch ief 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 sho uld access https://www.sss.gov/ to verify that they are registered with the Selective Service. This requirement is applied to male Can didates’ responses on Optional Form (OF) 306, Declaration for Federal Employment. ATF will also conduct a Selective Service que ry to determine whether the Candidate is in compliance with the Selective Service Laws and this ASQ.

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

a) There is not a PIV check form in the Candidate’s Personnel Security Package. ATF personnel will conduct the PIV check at a later date.

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

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

E. Contractor’s Preliminary Determination of Employment Eligibility. The Contractor must make a preliminary determinat ion whether the Candidate is in compliance 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 consid eration.

2. When a Contractor makes an initial determination that the Candidate is in compliance with the ASQs, the Contractor should fol low the below guidance relating to the E-Verify Program, Tentative Employment Offer, and Employment References. Once the Co ntractor completes these responsibilities, the Contractor shall submit the Candidate’s Personnel Security Package to the CO/COR.

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F. E-Verify Program. Once the Contractor makes a preliminary determination that the Candidate is in compliance with ATF AS Qs, 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 Candidate’s employment eligibility cannot be verified by the Cont ractor, 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.vis-dhs.com/employerregistration/. 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. Tentative Employment Offer or Confirmation that Employee is Already Employed by the Contractor. The Contractor must submit a copy of the Candidate’s tentative offer of employment or documentation which shows that the Candidate is already emp loyed by the Contractor with the completed Personnel Security Package to the CO/COR.

H. Notification of Candidate Employment Reference Checks. The Contractor shall inform the Candidate that prior to being app roved for access, ATF will conduct Employment Reference Checks for all of 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 empl oyment records may be reviewed for all employments during the past 5 years if a background investigation (BI) is conducted.

I. Personnel Security Processing. Upon completion of the Candidate screening, the Contractor shall forward the Personnel Se curity Package to the CO/COR. The CO/COR will review the entire Package for completeness. The CO/COR will then forward the Personnel Security Package, along with a completed PSD Request Package to the PSD via email at PSDSubmitPSR@atf.gov or hard copy to 99 New York Avenue, Suite 1.E-300, Washington, DC 20226 for processing.

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.

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

J. 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 c ompliance with the Federal requirements and ASQs.

1. A favorable PES determination must be made in order 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.

K. Adjudication of the Candidate’s BI. Once the BI has been completed, the PSD will adjudicate the BI by applying the suitab ility standards under 5 CFR, Part 731, Federal adjudicative guidelines and ASQs. The PSD will then make a favorable or unfavorable adjudicative determination 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.

L. Authorized Access to ATF Information, IT Systems, and/or Unescorted Access to ATF Facilities. A Candidate shall no t 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 a 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 temporar y 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 of the necessary approvals, the CO/COR will prepare an ATF F 8620.69, Request for Temporary Eligibility to Hold a Sensitive Position, and

15A00020R00000076 Page 9 of 37 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 Candidat e to begin the ATF assignment prior to the completion of the BI. However, if derogatory information develops during the course of t he Candidate’s BI, access to ATF information, IT systems, and/or unescorted access to ATF facilities will be rescinded. The Contrac tor may be requested to submit another Candidate for consideration.

Reciprocity A. Criteria for Applying Reciprocity. In accordance with Executive Order 13488 and guidance from the Office of Personnel Management, 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. However,

a. The prior investigation must have been completed within the past 5 years; or

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

3. The Candidate has not had a break in Federal service of 24 months or more.

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

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

6. Issues identified in the prior BI are compatible with the core duties of the new position, suitability standards, adjudicative gu idelines, 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 ; 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. In the event that 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 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 the Disclosure Divisio n, 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. It is the responsibility of the Candidate to assume 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 believes that its employees 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 Contractor shall notify the CO/COR. The CO/COR will then appr ise the PSD of the Contractor’s initial determination and provide the reasons for the determination. The PSD, in consultation with the CO/COR, will make the final determination whether the personnel security process will be conducted on the Candidate.

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B. Police Check Inquiries for Candidate’s with Escorted Access in ATF Facilities. When the PSD determines that the Cand idate will only require escorted access to ATF facilities and/or ATF construction sites, or will only be provided with access to low ris k, 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 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 chec k 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 prior to the completion of the personnel security process.

Non-Disclosure Agreement for Access to Unclassified Sensitive Information

A. Agreement to Safeguard Unclassified Sensitive ATF Information. All Candidates are required to formally acknowledge t heir obligation to safeguard unclassified sensitive ATF information and their understanding of the penalties imposed for making an u nauthorized 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 completing ATF F 8800.6, Non-Disclosure Agreement for Access to Unclassified Sensitive Information.

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 Candida te access to classified NSI. However, if an addendum (A1) is included with this Contract, access to classified NSI may be authorized at the level outlined in the addendum.

B. Contract Modification to Include Access to Classified NSI. If the Contractor, CO or COR believe that access to NSI is re quired 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 be modified to incorporate the addendum (A1) depending on the required access level.

Periodic Reinvestigations

A. Contractor Personnel Must Undergo Periodic Background Reinvestigations. In accordance with the Federal Investigat ive Standards and the Department of Justice’s (DOJ) Contractor Security Requirements, DOJ 1700.01, once under contract with ATF, Contractor personnel are required to undergo a periodic background reinvestigation every 5 years.

B. Notification When Periodic Reinvestigation is Due. All ATF Contractor personnel will be contacted directly and/or through the ATF CO/COR by the PSD when they are due for their 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

A. Contractor personnel may be submitted into continuous evaluation (CE) programs (i.e., Federal Bureau of Investigation’s Ra p Back, Office of Director of National Intelligence, or any other Federally approved program). CE allows agencies to continuously m onitor 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.

(End of Clause)

ATF-04A2 CLASSIFIED TOP SECURITY (TS) (Exception/Addendum)

Security Requirements

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

(b) The work to be performed under this contract amendment will involve potential access to classified materials [Nationa l Security Information (NSI)] at the Top Secret level.

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

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

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

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

(a) The type of security investigation required will be governed by the type of materials made available to the Contractor employee. Contractor employees that require access to classified materials will be processed through the NISP.

(b) The Contractor will not be permitted to commence performance under this contract amendment until a sufficient num ber of its personnel, as determined by the COTR and SPM staff, have received requisite NSI Clearances.

Access to Classified Materials

(a) Contractor employees requiring access to classified materials will be categorized as Critical Sensitive and will require access to Top Secret NSI.

(b) “Any non-US citizen shall not be authorized to access or assist in the development, operation, management, or mainten ance of Department IT systems, unless a waiver has been granted by the Head of the Component, with the concurrence of them DOS a nd the CIO.”

(c) Immediately after contract amendment, the Contractor’s Facility Security Officer (FSO) shall furnish to the COTR and SPM staff, a list of all personnel proposed to work under this contract. The list shall include for each individual:

(1) Complete name;

(2) Social security number;

(3) Date of birth; and

(4) Type of security clearance.

(d) The Contractor’s FSO shall provide Letters of Consent on each individual and a letter validating each individual’s cle arance to the SPM staff. The Contractor shall update this information as individuals are added or deleted from the contract.

(e) 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.

Adjudication Standards

(a) Prior to adhering to the requirements of the NISP, the Contractor shall submit a copy of the completed personnel secu rity package to the SPM staff to ensure compliance with the DOJ and ATF Agency Specific Qualifications specified in the standard personnel security language.

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(b) In the event a contractor employee is not in compliance with the agency specific qualifications, the SPM staff will notif y the COTR and CO. The Contractor will be required to submit another name and personnel security package following the above g uidelines.

(End of Clause)

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS. (July 19, 2007) In accordance with the clause entitled "Insurance - Work on a Government Installation" in Section I, insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract:

(a) Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the requirements specified at FAR 2 8.307-2(a).

(b) General liability. The contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(b).

(c) Automobile liability. The contractor shall as a minimum, meet the requirements specified at FAR 28.307-2(c).

(End of Clause)

ATF-11 ATF IDENTIFICATION (ID) MEDIA

ATF IDENTIFICATION (ID) MEDIA (Revised April 3, 2008)

Contractor personnel who successfully complete the background investigation will be issued ATF Idenitification (ID) MEDIA and th ose assigned to provide services in the ATF Headquarters building or other ATF facilities will be issued an electronic access card.

ID Media and Access Control Cards are the property of the United States Government (ATF) and must be accounted for at all times.It is the responsibility of the contract manager and the Contracting Officer's Representative (COR) to ensure that the ID Media and acce ss card of any employee who leaves the contract is recovered and immediately returned and forwarded or delivered to the ATF Phys ical Security Programs Branch.

If ID MEDIA or access cards are lost, stolen, or not recovered, the contractor is liable for replacement costs.In addition, payroll, or other monies due individuals may be held until ID media is returned or otherwise accounted for by separating individuals, or the res ult of an appropriate investigation.The COR shall initiate appropriate loss/theft reports to document the event.Copies of the required r eports shall be provided to the Physical Security Programs Branch and the Office of Inspection.

ATF-12 NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION TECHNOLOGY (IT) SYSTEMS

NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION TECHNOLOGY (IT)

SYSTEMS. (Revised May 31,2007)

The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for any pos ition that involves access to or development of any DOJ Information Technology (IT) system.By signing the contract or commitment document, the contractor agrees to this restriction.

In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.

Financial Responsibility: Contractor employees who have delinquent unpaid debt may be required to provide proof of payment and/o r proof of participation in a payment plan. If this documentation cannot be provided, the Contractor employee's background investiga tion may be terminated and/or access to ATF facilities, proprietary information and data, including automated information systems ma y be terminated, without the Contractor being offered an opportunity to mitigate the information.

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

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ATF-14 ELECTRONIC INVOICING

ELECTRONIC INVOICING (Revised October 27,2008)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically. Invoicing electr onically saves time, money, and physical storage space for both the Government and the contractor.

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

Electronic invoices must be submitted to the ATF Contracting Officer's Representative (COR)/POC named in Section G/Section 3.3 o f this contract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as the official original copy. The e-mail subject line must contain the name of the ATF COR/POC named in Section G/Section 3.3 of the obligation document, the Order/Award number, the Invoice number and Vendor name (i.e.: John Doe_DJAxxxxxxxxx_Invoice #xxx_ABC, Inc.).

ATF will return to the vendor any invoices that do not contain the correct subject line information.

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

Bureau of Alcohol, Tobacco, Firearms & Explosives Attn: Finance Branch EXPEDITE CONTRACT INVOICE 99 New York Avenue, NE Mail Drop 4S-288 Washington, DC 20226

(End of Clause)

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILTY INQUIRIES (Revised December 18 ,2013)

ATF contractors are required to provide quarterly contractor accounts payable liabilities. These quarterly submissions require contr actors to update information on unpaid bills and non-invoiced activity.The quarterly submissions must be received by these dates: De cember 10th for the quarter ending December 31; March 10th for the quarter ending March 31; June 10th for the quarter ending June 30th; and September 10th for the quarter ending September 30th.The information will be used for the preparation of ATF's Financial Statements purpose only.

The contractor will use the ATF's internet websites listed below to access the Periodic Vendor Query Instructions and Vendor Query Spreadsheet to submit their quarterly submissions. The contractor must fill in the columns as requested in the Periodic Vendor Query Instructions, along with the name/title and date in the Vendor Query Attachment Worksheet. The contractor's company name alone h as to be entered in the subject line of the e-mail and submit this information to VEInquiry@ATF.gov and the ATF Contracting Officer 's Representative (COR)/Point-of-Contact (POC) named in Section G of this contract.

Business Opportunities Page: http://www.atf.gov/content/contact-us/business-opportunities Vendor Query Instructions: http://www.atf.gov/content/contact-us/business-opportunities/vendor-query-instructions Excel Spreadsheet: http://www.atf.gov/files/about/business-opportunities/documents/vendor-query-template.xls

Contractors who are unable to submit this information via e-mail, must have this information mailed and received by the due dates st ated above to the ATF COR/POC named in Section G of this contract and ATF's Accounting Branch at the address provided below:

Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) Attn: Accounting Branch Expedite Quarterly Contractor Inquiries 99 New York Avenue, NE Mail Drop 4S-288

15A00020R00000076 Page 14 of 37

Washington, DC 20226

Failure to provide this information within the specific time may result in delays of invoice payments or reflect negatively in the contr actor's performance evaluation, as specified in Federal Acquisition Regulation (FAR) Part 42.1501.

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

NOTICE TO THE GOVERNMENT OF DELAYS (Revised July 19, 2007)

In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situatio n is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting Offi cer and the Contracting Officer's Representative COR(s), in writing, giving pertinent details; provided, however, that this date shall be information only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

ATF-18 REQUIREMENTS FOR ACCESS TO LAW ENFORCEMENT SENSITIVE INFORMATION

REQUIREMENTS FOR ACCESS TO LAW-ENFORCEMENT SENSITIVE INFORMATION (Revised July 19, 2007)

(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 sensitiv e 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) (if any) agree to maintain the confidentiality of all data to which access may be gained throughout the contract performance, whether title thereto vests in the Government or otherwise. The Contractor and its subcontractor(s) (if any) agree to not disclose said data, any interpretations and/or translations thereof, or data derivatives, to unauthorized parties in contravention of these provisions, without the prior written approval of the Contracting Officer or the party in which title thereto is wholly vested. Subcontra ctors are subject to the same stipulations and may be held responsible for any violations of confidentiality.

(b) The Contractor agrees that each Contractor employee, prior to and as a pre-condition for employment relating to the subject matter of this order, will be required to execute a Nondisclosure Agreement as provided. The Contractor shall provide the Contracting Officer with the original copy of this form signed by each employee prior to the employee's start date on the contract.

(End of Clause)

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

AUTHORITY TO OBLIGATE THE GOVERNMENT (Revised July 19, 2007)

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds.

No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

GOVERNMENT FURNISHED PROPERTY AND SERVICES (Revised July 19, 2007)

15A00020R00000076 Page 15 of 37 a)The Government may furnish the Contractor property, services or information when doing so would be in the best interest of the Government.Government furnished property services/information will be specified on each order and/or contract.

b)Request for Government property will be approved by the Contracting Officer or the Contracting Officer s Technical Representat ive.

c)Computer hardware and software used to develop, design, validate or maintain supported systems and functional requirements will normally be provided to the contractor by the Government for use at the Government site.

d)The Government may provide the contractor with information, documents, etc. which may be required for the contractor to succes sfully perform the work as outlined in the contract when it is determined that such is necessary.

ATF-21 ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT

ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT (Revised July 19, 2007)

Title to all source data and materials furnished by the Government, together with all plans, designs, reports, materials, programs and documentation thereof and all other items pertaining to the work and services to be performed under orders pursuant to this contract shall become and remain with the Government upon completion.The Government shall have the full right to use each of these for its purposes without compensation or approval on the part of the Contractor.The Government shall have access to and the right to make copies of the above mentioned items.All proprietary information, programs, etc. shall be indicated as such in the Contractor s propo sal.The identification of information, programs, etc. as proprietary or confidential is for information purposes only and shall not be b inding on the Government to prevent disclosure of such information.The offeror is advised that such information may be subject to re lease upon request pursuant to the Freedom of Information Act (5 U.S.C. 552).

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

CONFIDENTIALITY OF INFORMATION AND DISCLOSURE (Revised April 3, 2008)

The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media fur nished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessa ry to restrict access to such information while in the Contractor…