Solicitation 15A00020R00000118.pdf

15A00020R00000118 Page 1 of 51

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15A00020R00000118

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/17/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

James.Huff@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489117 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

07/31/2020 03:00 ET

CODE 15A000

ATF - ACQUISITIONS BRANCH

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

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD: $19,500,000

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

A751040CODE15. DELIVER TO

NIBIN

ATF

99 New York Ave NE 6.N-581 Washington, DC 20226

CODE 15A00016. ADMINISTERED BY

ATF - Property, Acquisitions and Safety Division (PASD) 99 New York Ave NE

WASHINGTON, DC 20226

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

MOBILE COMMAND VEHICLE TEST FIRE ROOM

ENVIRONMENTAL CLEANING

This requirement is a total small business set-aside

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

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: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

James M. Huff

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 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

15A00020R00000118 Page 3 of 51

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section B Supplies or Services and Prices 3 Contract Clauses

Section C Descriptions and Specifications Section D Packaging and Marking Section E Inspection and Acceptance Section G Contract Administration Data

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

ATF-50 Limitations on Subcontracting under Small Business Set-Aside (May 24, 2019) 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-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

ATF-41 Department Policy on Domestic Violence, Sexual Assault, and Stalking

ATF-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

Section I Contract Clauses (FAR Clauses Required Depending on Solicitation/Contract) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.216-18 Ordering (Oct 1995) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Aug 2019) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.217-8 Option to Extend Services (Nov 1999) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018) ATF-43 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Solicitation (DEVIATION 2015-02) (March 2015) ATF-45 Contractor Certification of Compliance with Federal Tax Requirements - 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) 52.233-2 Service of Protest (Sept 2006) Section L Instructions, Conditions and Notices to Offerors or Respondents Section M Evaluation Factors for Award

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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 Base Year

Crime gun intelligence vehicle that has an enclosed firearms test fire room that is approximately 6.5’ X 8.5’ to include Savage Systems Tabletop GT

One (1) each vehicle only (Clean no less than two times a year, but possibly could be more)

See SOW Paragraph 1.0, 2.0 and 3.0 for details

Firm Fixed Price

PSC: S201

Line Period of Performance: 09/01/2020 - 08/31/2021

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Base Year

Firearms Test Fire Units (Trailers)

6’X12’ trailers that have a variety of equipment onboard, to include a ballistic blanket, and a bullet trap built by Cyber National, called a Retriev All. Unit have two large doors that remain open when test firing is being performed

Three (3) each Firearms Test Fire Units (Trailers) (Clean no less than two times a year, but possibly could be more)

See SOW Paragraph 1.0, and 4.0 for details

Firm Fixed Price

PSC: S201

Line Period of Performance: 09/01/2020 - 08/31/2021

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Option Period One

Crime gun intelligence vehicle that has an enclosed firearms test fire room that is approximately 6.5’ X 8.5’ to include Savage Systems Tabletop GT

One (1) each vehicle only (Clean no less than two times a year, but possibly could be more)

See SOW Paragraph 1.0, 2.0 and 3.0 for details

Firm Fixed Price

PSC: S201

Line Period of Performance: 09/01/2021 - 08/31/2022

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Option Period One

Firearms Test Fire Units (Trailers)

6’X12’ trailers that have a variety of equipment onboard, to include a ballistic blanket, and a bullet trap built by Cyber National, called a Retriev All. Unit have two large doors that remain open when test firing is being performed

Three (3) each Firearms Test Fire Units (Trailers) (Clean no less than two times a year, but possibly could be more)

See SOW Paragraph 1.0, and 4.0 for details

Firm Fixed Price

1 EA $________ $_________________

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PSC: S201

Line Period of Performance: 09/01/2021 - 08/31/2022

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Option Period Two

Crime gun intelligence vehicle that has an enclosed firearms test fire room that is approximately 6.5’ X 8.5’ to include Savage Systems Tabletop GT

One (1) each vehicle only (Clean no less than two times a year, but possibly could be more)

See SOW Paragraph 1.0, 2.0 and 3.0 for details

Firm Fixed Price

PSC: S201

Line Period of Performance: 09/01/2022 - 08/31/2023

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Option Period Two

Firearms Test Fire Units (Trailers)

6’X12’ trailers that have a variety of equipment onboard, to include a ballistic blanket, and a bullet trap built by Cyber National, called a Retriev All. Unit have two large doors that remain open when test firing is being performed

Three (3) each Firearms Test Fire Units (Trailers) (Clean no less than two times a year, but possibly could be more)

See SOW Paragraph 1.0, and 4.0 for details

Firm Fixed Price

PSC: S201

Line Period of Performance: 09/01/2022 - 08/31/2023

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Option Period Three

Crime gun intelligence vehicle that has an enclosed firearms test fire room that is approximately 6.5’ X 8.5’ to include Savage Systems Tabletop GT

One (1) each vehicle only (Clean no less than two times a year, but possibly could be more)

See SOW Paragraph 1.0, 2.0 and 3.0 for details

Firm Fixed Price

PSC: S201

Line Period of Performance: 09/01/2023 - 08/31/2024

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Option Period Three

Firearms Test Fire Units (Trailers)

6’X12’ trailers that have a variety of equipment onboard, to include a ballistic blanket, and a bullet trap built by Cyber National, called a Retriev All. Unit have two large doors that remain open when test firing is being performed

Three (3) each Firearms Test Fire Units (Trailers) (Clean no less than two times a year, but possibly could be more)

See SOW Paragraph 1.0, and 4.0 for details

Firm Fixed Price

PSC: S201

Line Period of Performance: 09/01/2023 - 08/31/2024

1 EA $________ $_________________

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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Option Period Four

Crime gun intelligence vehicle that has an enclosed firearms test fire room that is approximately 6.5’ X 8.5’ to include Savage Systems Tabletop GT

One (1) each vehicle only (Clean no less than two times a year, but possibly could be more)

See SOW Paragraph 1.0, 2.0 and 3.0 for details

Firm Fixed Price

PSC: S201

Line Period of Performance: 09/01/2024 - 08/31/2025

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Option Period Four

Firearms Test Fire Units (Trailers)

6’X12’ trailers that have a variety of equipment onboard, to include a ballistic blanket, and a bullet trap built by Cyber National, called a Retriev All. Unit have two large doors that remain open when test firing is being performed

Three (3) each Firearms Test Fire Units (Trailers) (Clean no less than two times a year, but possibly could be more)

See SOW Paragraph 1.0, and 4.0 for details

Firm Fixed Price

PSC: S201

Line Period of Performance: 09/01/2024 - 08/31/2025

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Base Year and Four Option Years

Travel and per diem that is allowable under Federal Travel Regulations (local travel in not reimbursable). Contractor can bill for exact costs for associated travel, lodging, and per diem, but will not be allowed to charge any additional General and Administrative or profit on top of travel, lodging, and per diem that occurred while on travel.

Estimated Funds for tentative travel will be added for each Task Order

(For Proposal Purposes Please leave Blank)

Firm Fixed Price

PSC: S201

Line Period of Performance: 09/01/2020 - 08/31/2025

1 LT $________ $_________________

Section B Supplies or Services and Prices

SECTION B

B.1 SUPPLIES / SERVICES BEING PROCURED

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is awarding a Single Award Firm Fixed Price Indefinite Delivery In definite Quantity (IDIQ) contract for cleaning as specified in the Statement of Work, See Section C.

B.2 TERM OF THE CONTRACT

The contract shall be for a base period of 12 months, plus four (4), one (1) year option periods, not to exceed five (5 years).

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B.3 GOVERNMENT OBLIGATION

The Government minimum guarantee under the base year is $2,000.00 and the maximum contract amount shall not exceed $250,000.

00.

B.4 Delivery Order

Commodities will be delivered in response to funded task orders issued against this contract. Task orders issued against the contract will be individually funded. Because this is an IDIQ requirement, the contract will not contain any funding. Each task order must ref erence the awarded contract number assigned by ATF.

B.5 PERIOD OF PERFORMANCE

BASE YEAR: 09/01/2020 thru 08/31/2021

OPTION YEAR (1): 09/01/2021 thru 08/31/2022

OPTION YEAR (2): 09/01/2022 thru 08/31/2023

OPTION YEAR (3): 09/01/2023 thru 08/31/2024

OPTION YEAR (4): 09/01/2024 thru 08/31/2025

B.6 PLACE OF PERFORMANCE

The primary place of work shall be at the ATF National Laboratory at 6000 Ammendale Road, Beltsville, Maryland, 20705. If the test fire units are outside of the commuting area of the Belt sville location, and within the US territory, vendor will travel to the location of the unit to perf orm service and submit travel costs.

B.7 PRICING

Contractor shall provide pricing based on Section 2 of this solicitation from CLIN 0001-0010.

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Oct 2018)

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)

52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

52.242-15 Stop-Work Order (Aug 1989)

52.219-14 Limitations on Subcontracting (Jan 2017)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Apr 2014)

52.244-6 Subcontracts for Commercial Items (Aug 2019)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.232-11 Extras (Apr 1984)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.242-13 Bankruptcy (July 1995)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

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

52.204-7 System for Award Management (Oct 2018)

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

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Clauses By Full Text

Section C Descriptions and Specifications

See attached Statement of Work

Section D Packaging and Marking

SECTION D

SECTION D - PACKAGING AND MARKING

Except as specifically provided in an order, all postage and fees related to the delivery of sup plies throughout the life of the contract, submission of information, including but not limited to forms, reports, supporting, supporting documentation, etc. shall be paid by the Contractor. The Government shall not be responsible for costs associated with proposal preparation.

Section E Inspection and Acceptance

SECTION E

INSPECTION AND ACCEPTANCE

Inspection will occur by the COR after hearing from the receiving party that the services render ed are satisfactory.

Section G Contract Administration Data

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

The resultant contract will be administered by:

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Department of the Justice Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Acquisition Branch Cameron Davis, Contracting Specilaist Washington, DC 20226

G.2 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the discretion of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs inc urred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any r equirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer

G.3 SUBCONTRACTS / CONSULTANT ARRANGEMENTS

(a) When so required by FAR Part 44, the offeror's proposal shall identify all subcontracts / consultant arrangements proposed. Spec ifically, the following information shall be provided to the Contracting Officer:

(1) Company name of each subcontractor, or the individual name in the case of independent consultants;

(2) Names of each subcontractor corporate officers:

(3) Name of each subcontractor's key personnel for this contract effort, including each individual's level of effort; and

(4) Scope of work to be performed by each subcontractor / consultant.

(b) Furthermore, throughout the term of this contract, the Contractor shall obtain prior written authorization from the Contracting Offi cer for any additions, deletions or changes in subcontract / consultant arrangement entered into for the purpose of performing this cont ract effort. The Contractor shall furnish the Contracting Officer with the above-specified items of information for any subcontract / co nsultant arrangement that the Contractor proposed subsequent to contract award. The government may consider revision to this require ment if the contractor has a government approved purchasing system in accordance with FAR Part 44.

(c) ATF reserves the right to request the contractor to terminate any subcontractors, individual subcontractor employees, subcontrac tor principals, or consultants, for malfeasance or other appropriate cause (e.g., theft, criminal record(s), ties to organized crime, etc.)

(d) The provisions of this clause do not preclude any requirements regarding subcontracts that may be set forth elsewhere in this solici tation / contract.

(e) Questions regarding this requirement shall be directed to the Contracting Officer.

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 s possession, to those employees needing such information to perform the work provided herein, e.g., on a need to know basis. There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval from the Contracting Officer. No news release (including photographs and films, public an nouncements, denial or confirmation of same) on any part of the subject matter of this contract or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer. The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services performed under this contra ct until report approval or official review has been obtained. Furthermore, the contractor shall insure that the cover of all interim, draft and final reports contain the following statement:"The view, opinions, and/or findings contained in this report are those of the author

(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation."

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The Contractor agrees to immediately notify in writing the Contracting Officer named herein, in the event that the Contractor determ ines or has reason to suspect a breach of this requirement. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(a)Confidential information, as used in this clause, means (1) information or data of a personal nature proprietary about an individual, or (2) information or data submitted by or pertaining CONFIDENTIALITY to an institution or organization, or (3) information or data pertaining to a law enforcement investigation or operation.

(b)In addition to the types of confidential information described in (a) (1), (2) and (3) above, information which might require special consideration with regard to the timing of its disclosure such as draft budget and strategic plans, studies or research, audits, etc.

(c)The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/o r categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information f rom time to time during the performance of the contract. Failure to agree will be settled pursuant to the Disputes clause.

(d)If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the ru les and procedures of the disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e)Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individ ual, institution, or organization. Confidential information, as defined in (a)(3) shall not be disclosed without the prior written consent o f the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

(f) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in questi on is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a writ ten determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(g)The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisio ns in other Federal, State, or local laws.

(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-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)

STATEMENT OF WORK / SPECIFICATIONS (Continued) (March 23,2009)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to p erform the Statement of Work (SOW) / Specifications and all Section J attachments (as applicable).

ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS

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

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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.

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.

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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 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.

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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.

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.

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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 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.

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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.

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

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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-50 Limitations on Subcontracting under Small Business Set-Aside (May 24, 2019)

In conjunction with the requirements of FAR 52.219-14, Limitations on Subcontracting, contractors shall certify the level of subcont racting proposed, prior to award of any portion of the contract set-aside or partially set-aside for a small business or 8(a) participant.

Contractors shall also certify the level of subcontracting actually achieved prior to exercising any option period.

(Offerors shall indicate “N/A” for lines that…