Solicitation 15A00022R00000004.pdf

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15A00022R00000004

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/07/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Brian.Wilkins@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489120 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

04/18/2022 05:00 ET

CODE 15A000

ATF - ACQUISITIONS BRANCH

Brian Wilkins 99 New York Ave. NE Washington, DC 20226

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

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: 611310

SIZE STANDARD:

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

ABLANKCODE15. DELIVER TO

ATF - NCETR

3750 Corporal Road Hunstville, AL 35898

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

(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

Graduate Level Distance Learning Courses and Laboratory Fees Firm Fixed Price

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

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

Brian K. Wilkins

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

Section G Contract Administration Data ATF-14 ELECTRONIC INVOICING (Revised October 27, 2008)

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or SPECIFICATIONS (March 23, 2009)

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-50 LIMITATIONS ON SUBCONTRACTING UNDER SMALL BUSINESS SET-ASIDES (May 24, 2019) ATF-51 INDEPENDENT CONTRACTOR (March 9, 2021) ATF-52 INDEMNIFICATION CLAUSE (May 2021)

ATF-53 WHISTLEBLOWER INFORMATION FOR EMPLOYEES OF DOJ CONTRACTORS,

SUBCONTRACTORS, GRANTEES, SUBGRANTEES OR PERSONAL-SERVICES

CONTRACTORS (March 2021) ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised June 2021) ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS (May 2010, Revised October 31, 2019)

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

ATF-11 ATF IDENTIFICATION (ID) MEDIA

ATF-31 KEY PERSONNEL (April 16, 2010 - Revised on March 31, 2022) ATF-55 Personnel Security Requirements for Contractor Employees (Nov 2021) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.233-3 Protest after Award (Aug 1996) 52.202-1 Definitions (Jun 2020) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Jan 2022) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) DOJ-01 Whistleblower Information Distribution (Oct 2021) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2022) 52.216-22 Indefinite Quantity (Oct 1995) 52.216-18 Ordering (Aug 2020) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.216-19 Order Limitations (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

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

5 Solicitation Provisions

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ATF-44 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2021) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 52.204-7 System for Award Management (Oct 2018) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) Section L Instructions, Conditions and Notices to Bidders 52.217-5 Evaluation of Options (July 1990) 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 Period:

CLIN 0001: Graduate Level Distance Learning Courses

PSC: U005

Line Period of Performance: 05/01/2022 - 04/30/2023

400 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Base Period:

CLIN 0002: Laboratory Fee

PSC: U005

Line Period of Performance: 05/01/2022 - 04/30/2023

150 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Option Period (1):

CLIN 1001: Graduate Level Distance Learning Courses

PSC: U005

Line Period of Performance: 05/01/2023 - 04/30/2024

400 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 Option Period (1):

CLIN 1002: Laboratory Fee

PSC: U005

Line Period of Performance: 05/01/2023 - 04/30/2024

150 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Option Period (2):

CLIN 2001: Graduate Level Distance Learning Courses

PSC: U005

Line Period of Performance: 05/01/2024 - 04/30/2025

400 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 Option Period (2):

CLIN 2002: Laboratory Fee

PSC: U005

Line Period of Performance: 05/01/2024 - 03/31/2025

150 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Option Period (3):

CLIN 3001: Graduate Level Distance Learning Courses

PSC: U005

400 EA $________ $_________________

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Line Period of Performance: 05/01/2025 - 04/30/2026

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 Option Period (3):

CLIN 3002: Laboratory Fee

PSC: U005

Line Period of Performance: 05/01/2025 - 04/30/2026

150 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Option Period (4):

CLIN 4001: Graduate Level Distance Learning Courses

PSC: U005

Line Period of Performance: 05/01/2026 - 04/30/2027

400 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 Option Period (4):

CLIN 4002: Laboratory Fee

PSC: U005

Line Period of Performance: 05/01/2026 - 04/30/2027

150 EA $________ $_________________

Section B Supplies or Services and Prices/Costs

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 Indefinite Quantity (IDIQ) contract for Graduate Level Distance Learning Courses and Laboratory Fees as specified in the Statement of Work (SOW).

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.

B.3 GOVERNMENT OBLIGATION

The Government’s minimum obligation is to purchase one course during the life of this contract.

B.4 Delivery Order

Services 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 reference the awarded contract number assigned by ATF.

B.5 PERIOD OF PERFORMANCE

BASE YEAR: 05/01/2022 - 04/30/2023

OPTION YEAR (1): 05/01/2023 - 04/30/2024

OPTION YEAR (2): 05/01/2024 - 04/30/2025

OPTION YEAR (3): 05/01/2025 - 04/30/2026

OPTION YEAR (4): 05/01/2026 - 04/30/2027

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B.6 PLACE OF PERFORMANCE

On Contractors site or at ATF's location.

B.7 PRICING

Contractor shall provide pricing based on attached pricing table: Attachment B - Pricing Table.

Attachment B - Pricing Table shall be filled out on a cost per student.

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

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)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2021)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-3 Gratuities (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021)

52.233-3 Protest after Award (Aug 1996)

52.202-1 Definitions (Jun 2020)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Jan

2022)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

Clauses By Full Text

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 Brian Wilkins, Contracting Officer Washington, DC 20226 Work 202-648-9120 Email: Brian.Wilkins@atf.gov

G.2 CONTRACTING OFFICER'S AUTHORITY

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.

G.3 SUBCONTRACTS / CONSULTANT ARRANGEMENTS

(a) When so required by FAR Part 44, the offeror's proposal shall identify all subcontracts / consultant arrangements proposed.

Specifically, 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 Officer for any additions, deletions or changes in subcontract / consultant arrangement entered into for the purpose of performing this contract effort. The Contractor shall furnish the Contracting Officer with the above-specified items of information for any subcontract / consultant arrangement that the Contractor proposed subsequent to contract award. The government may consider revision to this requirement 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, subcontractor 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 solicitation / contract.

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

ATF-14 ELECTRONIC INVOICING (Revised October 27, 2008)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically.

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

Each invoice must be a proper invoice in accordance with Federal Acquisition Regulations (FAR) 32.905(b). The contractor may submit a combined invoice with each ATF contract/order number. The invoice must clearly identify the specific Contract Line Item (CLIN) or item number for which the contractor is seeking payment under the contract/order. If the invoice covers multiple CLINs or item 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 of 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

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Mail Drop 4S-288 Washington, DC 20226

(End of Clause)

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 situation is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting Officer 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-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 furnished 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 necessary 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 announcements, 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 contract 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."

The Contractor agrees to immediately notify in writing the Contracting Officer named herein, in the event that the Contractor determines 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/ or 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 from time to time during the performance of the contract. Failure to agree will be settled pursuant to the Disputes clause.

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(d)If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules 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 individual, institution, or organization. Confidential information, as defined in (a)(3) shall not be disclosed without the prior written consent of 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 question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written 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 provisions in other Federal, State, or local laws.

ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or SPECIFICATIONS (March 23, 2009)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Statement of Work (SOW), Statement of Objectives (SOO), Performance Work Statement (PWS) or Specifications and all Section J attachments, as applicable.

(End of Clause)

ATF-46 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY - Award (Deviation 2015-02) (March 2015)

(a) None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that –

(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

ATF-47 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE (Deviation 2015-02) (March 2015)

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By accepting this award or order, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

ATF-50 LIMITATIONS ON SUBCONTRACTING UNDER SMALL BUSINESS SET-ASIDES (May 24, 2019)

In conjunction with the requirements of FAR 52.219-14, Limitations on Subcontracting, contractors shall certify the level of subcontracting 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 are Not Applicable.)

1) Services (except construction). Contractor's proposed percent of the cost of contract performance incurred for personnel shall be expended for employees of concern: _________ (must be at least 50%).

2) Supplies (other than procurement from a non-manufacturer of such supplies). Contractor's proposed work to be performed as percent of the cost of manufacturing the supplies, not including the cost of materials: _________ (must be at least 50%).

3) General construction. Offeror's proposed work to be performed as percent of the cost of the contract, not including the cost of materials, with its own employees: _________ (must be at least 15%).

4) Construction by special trade contractors. Offeror's proposed work to be performed as percent of the cost of the contract, not including the cost of materials, with its own employees: _________ (must be at least 25%).

(End of Clause)

ATF-51 INDEPENDENT CONTRACTOR (March 9, 2021)

The relationship of the Contractor to the Government is that of an independent contractor. Nothing herein shall be construed to create any relationship of employer and employee, agent and principal, partnership or joint venture between the Parties.

(End of Clause)

ATF-52 INDEMNIFICATION CLAUSE (May 2021)

Each Party shall assume the responsibility and liability for the acts and omissions of its own employees or agents in connection with the performance of their obligations under this contract that are executed within the scope of their employment, including claims for injury, loss or damage to personal property or death, except in the case of the federal Government, liability shall be determined pursuant to the Federal Tort Claim Act (FTCA – 28 U.S.C. § 1346). Contractor hereby agrees to indemnify, defend and hold the federal Government harmless from any loss, liability, costs or damages arising from actual or threatened claims or causes of action resulting from breach of any of its representations, warranties or covenants herein or the negligence, gross negligence or intentional misconduct of Contractor's respective officers, directors, employees, agents, contractors, members or participants etc. (as applicable).

(End of Clause)

ATF-53 WHISTLEBLOWER INFORMATION FOR EMPLOYEES OF DOJ CONTRACTORS, SUBCONTRACTORS, GRANTEES, SUBGRANTEES OR PERSONAL-SERVICES CONTRACTORS (March 2021)

The Contractor shall distribute the Whistleblower Information found at the below site to all employees and subcontractors:

https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf.

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ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised June 2021)

The following Federal Holidays are observed by ATF: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Presidents' Day, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. There are certain types of irregularly occurring circumstances that prompt the Government to close its offices where Contractor personnel are working, either on a national or local basis (i.e. bomb threats, inclement weather, power outages, death of national figures, holidays declared by Presidential order, or funding lapses). Contractor staff shall not work if the Government is closed unless the Contracting Officer has given prior approval. Non-work due to the Government closing its facility(ies) is not an expense directly reimbursable to the Contractor. However, in those rare instances when the Government operations are curtailed for the balance of a workday that has already commenced, the Contractor may bill for the balance of the scheduled workday with the written acknowledgment of the Contracting Officer's Representative and final approval of the Administrative Contracting Officer, if applicable.

ATF-04 BACKGROUND INVESTIGATION (BI) 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 undergo ATF's personnel security process to determine their eligibility for access to ATF information, information technology (IT) systems, and/or unescorted access to ATF facilities.

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

C. The Contractor will conduct the Candidate screening by reviewing each completed form submitted by the Candidate. The Contractor will make a preliminary determination whether the Candidate possesses a personal history that 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 Contractor must discuss the responses with ATF's assigned Contracting Officer (CO)/Contracting Officer's Representative (COR) to determine whether ATF will accept the Candidate's Personnel Security Package for processing.

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

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

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

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

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

2. Financial Interests in Regulated Industries. Title 5, Code of Federal Regulations, Section 3801.107 states, “…no employee of the ATF, or spouse or minor child of an ATF employee, shall have, directly or indirectly, any financial interest, including compensated employment, in the alcohol, tobacco, firearms or explosives industries." (This includes being listed as a responsible

15A00022R00000004 Page 14 of 59 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 surrender 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 spouse, 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 obligations and delinquent debts. These regulations and policies are applied to the Candidate’s responses on ATF F 8620.28, Financial History Questionnaire (completed as part of the Personnel Security Package), credit reports/financial data obtained by ATF, and the sensitivity level of the position for which the Candidate is being considered to determine if the Candidate 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 resolution 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 receiving firearms, explosives, and/or ammunition. This policy, based on the prohibitions outlined in the Gun Control Act (18 U.S.C.

Chapter 44) and Importation, Manufacture, Distribution, and Storage of Explosives Materials (18 U.S.C. Chapter 40), is applied to the Candidate's responses to ATF F 8620.57, Prohibited Persons Questionnaire (completed as part of the Personnel Security Package).

ATF will conduct law enforcement and court record checks to determine whether the Candidate 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 shipping, 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 controlled substance; has been adjudicated as a mental defective or committed to a mental institution; is an alien illegally or unlawfully in the United States; is an alien who has been admitted to the United States under a nonimmigrant visa (with certain exceptions); has been discharged from the military under dishonorable conditions; or has renounced his/her U.S. citizenship.

c) Federal law prohibits the receipt of firearms and ammunition, and the receipt or possession of explosives, by a person 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, Residency and Citizenship (completed as part of the Personnel Security Package); review of the Candidate's Personally Identifiable Information (PII); determination regarding the type of position applied for by the Candidate; and verification whether the Candidate requires computer access.

a) Residency Requirements. For 3 of the last 5 years, the Candidate must have either resided in the United States, worked for the United States in a foreign country in a Federal or military capacity, and/or been a dependent of a Federal or military employee in a foreign country. (The 3 years 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 unescorted access to ATF facilities. (Acceptable Department of Homeland Security Credentials to prove immigrant status or employment authorization are listed on Form I-9, Employment Eligibility Verification.)

1) Foreign nationals' country of citizenship must be listed on the U.S. Collective Defense Arrangement Agreement approved countries list as defined by the Federal Investigative Standards or superseding regulations.

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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 Chief Information Officer and the Department Security Officer.

6. Selective Service. Although there are a few exceptions, the Military Selective Service Act requires all male U.S. citizens born after December 31, 1959 who are 18 years old, but not yet 26 years old, to register with the Selective Service. Male Candidates should access https://www.sss.gov/ to verify that they are registered with the Selective Service. This requirement is applied to male Candidates' responses on Optional Form (OF) 306, Declaration for Federal Employment. ATF will also conduct a Selective Service query to determine whether the Candidate 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 Identity Verification (PIV) check prior to the Candidate being provided a federally-issued identification card for access to a Federal building 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 original, unexpired government-issued identification in accordance with HSPD 12 requirements (e.g., raised seal birth certificate or current passport, along with a current driver's license or state-issued photo identification card). Copies of the forms of identification and/or unexpired documents are not acceptable.

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

E. Contractor's Preliminary Determination of Employment Eligibility. The Contractor must make a preliminary determination whether the Candidate 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 consideration.

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

F. E-Verify Program. Once the Contractor makes a preliminary determination that the Candidate is in compliance with ATF ASQs, the Contractor must access the Department of Homeland Security's E-Verify Program to verify the Candidate's U.S.

employment eligibility, regardless of the Candidate's citizenship status. If the Candidate's employment eligibility cannot be verified by the Contractor, 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 employed 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 approved 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 employment 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 Security Package to the CO/COR. The CO/COR will review the entire Package for completeness. The CO/COR will then forward

15A00022R00000004 Page 16 of 59 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 adjudicated Federal BI that meets or exceeds the level of investigation required for the position. This may allow reciprocity of the Candidate's prior BI which could expedite the personnel security process.

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 compliance 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 suitability 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 not be granted access to unclassified sensitive ATF information, IT systems, and/or unescorted access to ATF facilities until a favorable adjudicative determination has been made or 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 temporary eligibility of the mandatory pre-employment BI for a Candidate requiring access to ATF information, IT systems, and/or unescorted access to ATF facilities.

B. Submitting a Request for Temporary Eligibility. After justifying the need for temporary eligibility and obtaining all 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 Candidate to begin the ATF assignment prior to the completion of the BI. However, if derogatory information develops during the course of the Candidate's BI, access to ATF information, IT systems, and/or unescorted access to ATF facilities will be rescinded.

The Contractor may 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

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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 guidelines, ASQs, and ATF's mission.

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

1. The Candidate’s Personnel Security Package must still be submitted to allow the PSD to conduct a pre-employment screening;

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

B. Monetary Costs Associated with Privacy Act Request. 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 apprise 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 Candidate will only require escorted access to ATF facilities and/or ATF construction sites, or will only be provided with access to low risk,…