Solicitation 15A00023Q00000129.pdf

15A00023Q00000129 Page 1 of 49

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15A00023Q00000129

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/05/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Agnes.Brooks@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489115 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

09/11/2023 09:00 ET

CODE 15A000

ATF - ACQUISITION BRANCH

Agnes Brooks

99 New York Ave. NE

Washington, DC 20226

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

454310

SIZE STANDARD:

100 Employees

10. THE ACQUISITION IS

SEE SCHEDULEX

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15A000CODE15. DELIVER TO

See Schedule

CODE A40105016. ADMINISTERED BY

ATF - PASD - Acquisitions Branch 99 New York Ave NE

WASHINGTON, DC 20226

FACILITY

CODE

CODE

TELEPHONE NUMBER

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 NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

0001 Firm Fixed Price Delivery of Bulk Fuel Delivery of bulk fuel (on-road Diesel and Regular Gasoline (87) on an as needed basis for range equipment during normal business hours, 7:30 AM to 3:30 PM Monday thru Friday, to the ATF McKinley Range located at 8004 Buxton Road, Redstone Arsenal 35898.

PSC: 3835

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

1 EA $________________ $________________

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Agnes M. Brooks

31c. DATE SIGNED

09/05/2023

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 11/2021) BACK

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Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule

2.1 Price/Cost Info for Contractor

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

3.3 ATF Points of Contact

2 Contract Clauses 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jun 2023)

ATF-01 ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION

508) (July 2019, Updated January 2021) ATF-04 BACKGROUND INVESTIGATION (BI) REQUIREMENTS (May 2010, Revised October 31, 2019)

ATF-13 INCORPORATION OF VENDOR TERMS AND CONDITIONS

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

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-23 PRIVACY OR SECURITY SAFEGUARDS

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

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) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-05 Security of Department Information and Systems (APR 2015) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Jun 2023) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Jun 2023) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014)

3 List of Attachments 4 Solicitation Provisions

ATF-43 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Solicitation (DEVIATION 2015-02) (March 2015) ATF-44 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) 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-55 Personnel Security Requirements for Contractor Employees (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Mar 2023) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Line Period of Performance: 09/11/2023 - 09/10/2024

Base Period

2.1 Price/Cost Info for Contractor

Vendors shall propose pricing for

Item # Description Price - Line 0001 1 Delivery of bulk fuel (on-road

Diesel and Regular Gasoline (87)) on an as needed basis for range equipment during normal business hours, 7:30 AM to 3:30 PM Monday thru Friday, to the ATF McKinley Range located at 8004 Buxton Road, Redstone Arsenal 35898.

Question Submission Questions related to this solicitation must be sent via email to agnes.brooks@atf.gov by Thursday, September 8, 2023, by 9:00 am ET. The CO will not consider or address LATE Questions.

The vendor may not substitute any item/service listed in this solicitation without prior written approval from the Contracting Officer. No other individual is authorized, either verbally or in writing to change part numbers, manufacturer, quantity, delivery dates, or any other specifications of this solicitation. Items that do not conform to description found in this solicitation will be rejected at the time of delivery causing a return at the vendor's expense.

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

The Contractor shall furnish the necessary, equipment, (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)

Statement of Work for Bulk Fuel for the Bureau of Alcohol, Tobacco, Firearms and Explosives, National Center of Explosive Training and Research (NCETR) 3750 Corporal Rd

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Huntsville, AL 35898 Redstone Arsenal

BACKGROUND

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a law enforcement agency within the United States Department of Justice (DOJ). ATF is dedicated to the reduction of violent crime and the protection of our nation. ATF is responsible for the investigation and prevention of crimes that involve the unlawful use, manufacture, sale, trafficking and possession of firearms, illegal use, and storage of explosives; acts of arson and bombings;

acts of terrorism; and illegal trafficking of alcohol and tobacco products. ATF regulates the firearms and explosives industries from manufacture and/or importation through retail sale, and leverages partnerships to enhance its business in regulatory, law enforcement, training, and forensic mission areas. The commitment and skills of ATF’s employees are required to accomplish the Bureau’s critical mission.

The Office of Field Operations is directly responsible for executing the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) mission. The Office of the Assistant Director administers the Field Operations Directorate through collaborative efforts between Field Management Staff, Special Operations Division, National Center for Explosives Training and Research, Firearms Operations Division, and Industry Operations.

National Center for Explosives Training and Research (NCETR): Provide basic and advanced explosives training and research that leverages lessons learned and best practices to provide focused support to ATF’s core mission of investigating the criminal misuse of explosives and regulation of the industry, and to align this support with the whole-of-Government counter- Improvised Explosive Device effort.

OBJECTIVE

The primary objective of this procurement requires delivery of Bulk fuel, which must include on-road diesel and regular gas, to the (ATF), McKinley Range located at 8004 Buxton Road, Redstone Arsenal 35898.

3. SCOPE

The contractor must provide delivery of bulk fuel (on-road Diesel and Regular Gasoline (87)) to the (ATF), McKinley Range located at 8004 Buxton Road, Redstone Arsenal 35898, on an as needed basis for range equipment during normal business hours, 7:30 AM to 3:30 PM Monday thru Friday.

4. TASKS

4.1 Diesel fuel must be Road Grade. Diesel fuel will be used for transportation vehicles on public roads.

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4.2 The contractor must notify Contractor Officers Representative once 75% of available funds have been consumed.

4.3 Deliveries will typically require a minimum order of 400 and a maximum of 1000 gallons per delivery (combined gasoline and diesel).

4.4 The contractor must determine each order price using local market rates for regular gas and diesel fuel plus applicable fixed profits percentage and fixed deliver price. Local market rates for fuel will be based on American Automotive Association (AAA) average for Madison County, Alabama on the date delivery takes place. Market Cost must equal the gallons of fuel times the local market rate.

• Example- (Market Cost x Fixed Profit Percentage) + Fixed Delivery Charge= total order price

• The contractor must identify the fixed profit percentage to be delivery.

• Market Caps for Regular gasoline (87) is at $6.50/gal. and diesel at $7.50/gal. If market price for these products is higher than posted amounts, then a modification must be submitted to raise market caps. Contractor must provide CO with written request for market cap increase and supporting documentation to justify the increase.

4.5 Based on historical performance the Government estimates up to 8 deliveries for fuel. With total fuel amounts estimated to be 1,000 gallons of Regular gasoline and 3,300 gallons of Road Grade Diesel. These estimates do not constitute a guaranteed work minimum or maximum.

5.0 FUEL TANK SPECIFICATIONS:

Below are the ATF owned fuel tank sizes where fuel will be delivered.

McKinley Range (8004 Buxton Road, Redstone Arsenal 35898)

• Diesel Fuel Tank 1000 gal

• Regular fuel Tanks 200 gal

6.0 GREEN PURCHASING REQUIREMENTS

6.1 The Contractor must be in compliance with Executive Order 13423 Green Purchasing and any other applicable federal regulations as they apply to fuel oil.

7.0 DELIVERY PERSONNEL: Delivery personnel must gain access to the facility through the Redstone Arsenal gate 1 guards located on Martin Rd, Redstone Arsenal 35898. The driver must have a valid driver’s license, current vehicle registration and a delivery order indicating which buildings the fuel will be delivered.

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8.0 DELIVERABLES

9.0 ESTIMATED PERIOD OF PERFORMANCE.

The estimated period of performance for this requirement will be September 12, 2023, September 13, 2024.

10.0 PLACE OF PERFORMANCE.

The primary place of work must be deliveries to the (ATF), McKinley Range located at 8004 Buxton Road, Redstone Arsenal 35898.

11.0 CONTRACT TYPE

ATF anticipates a firm-fixed-price contract.

12.0 CONFORMITY TO SECURITY REQUIREMENTS

The Contractor must conform to security requirements as prescribed by the Federal government as well as set by DOJ and ATF Information Systems Security, Personnel Security, and Physical Security policies and procedures. The contractor must follow the guidance provided in Clause ATF -04, Background Investigation (BI) Requirements.

In accordance with (IAW) Clause #ATF-04, ‘Background Investigations (BI) Requirements’, the nature and specific degree of background investigation or facility review will be determined by ATF’s Personnel Security Branch (PSB) as required, depending upon the nature and degree of risk associated with the requirement and the position. Individuals may require access to ATF-sensitive information, IT systems, or unescorted access to ATF facilities.

However, if the contractor’s employee will require escorted access to a government facility to fix a problem, a criminal police check must be conducted by the local field office or ATF Headquarters Physical Security Programs Branch as required. ATF Form 8620.5 must be provided for completion prior to escorted access to ATF facilities. The contractor must follow any other facility requirements provided by the Physical Security Branch or other authorized ATF facilities point of contract.

13.0 PAYMENT PROCEDURES

In consideration of satisfactory performance of all scheduled services required the Contractor must be paid a firm fixed price for each delivery. The contractor must be compensated monthly upon receipt of a proper invoice for all deliveries made during the month. Invoices must be completed and submitted in accordance with ATF-14 – Electronic Invoicing

14.0 CERTIFICATION OF INVOICES

14.1 The Payment Office listed on the first page of the Award Document will make payment upon receipt of an accepted and properly submitted invoice.

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14.2 Invoices/vouchers will be completed and submitted in accordance with this Section 5(b) – Electronic Invoicing. The final invoice will be paid upon Government acceptance of the final deliverable. Please also provide a copy of the invoice to the Contracting Officer.

14.3 The COR’s certification of acceptance is an integral part of the correct invoice/voucher discussed in the "Discounts for Prompt Payment" clause, Section I (FAR Clause 52.232-8).

114.4 Upon certification, the COR will forward the invoice/voucher to the Payment Office, as appropriate.

17.5 The Invoice/Voucher must include:

(a) Contract or other authorization number

(b) Product or service description.

(c) Quantities received, if applicable.

(d) Date(s) property or services accepted.

(e) Signature, printed name, title, phone number, and mailing address of the receiving official.

(f) POC to discuss invoice issues

(g) Period of Performance for the invoice

(h) Cumulative amount invoiced to date the current year’s invoice

15.0 INSPECTION AND ACCEPTANCE:

15.1 Inspection and Acceptance:

15.1.1 Supplies or services delivered under this requirement must be inspected and accepted by the respective COR. The Contractor must only tender for acceptance those items that conform to the requirements of this requirement. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance IAW the appropriate inspection and acceptance clause.

15.1.2 The basis for acceptance must be compliance with the requirements, objectives and other terms and conditions set forth in this SOW.

15.1.3 Deliverable items rejected must be corrected IAW the applicable clause(s) or SOW specifications.

15.2 Acceptance Criteria

15.2.1 The respective COR will review all draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance within the guidelines/requirements of the SOW. The Contractor must ensure the accuracy and

15A00023Q00000129 Page 10 of 49 completeness of all deliverables. Errors, misleading or unclear statements, incomplete or irrelevant information, and or excessive rhetoric, repetition, and “padding”, must be considered deficiencies and must be subject to correction by the Contractor, at no additional cost to the Government.

15.2.2 Unless otherwise indicated, the government will require seven (7) business days to review and comment on deliverables. If the deliverable does not meet the noted criteria, the Government will return it for correction.

15.3 Rejection Procedures

15.3.1 If the respective COR rejects any deliverable, that rejected document will be handled in the manner described in this Section and the SOW.

15.3.2 After notification that the deliverable did not meet the acceptance criteria, the Contractor must resubmit an updated/corrected version within five (5) business days after receipt of Government comments.

15.3.3 Upon re-submission by the Contractor, the Government will reapply the same acceptance criteria. If the deliverable does not meet the acceptance criteria a second time, the Government might consider the Contractor as having deficient performance with respect to the subject SOW.

15.3.4 Any rework of rejected deliverables will be completed at no additional cost to the Government - no payments will be issued against rejected deliverables, until they are corrected and accepted by the Government.

16.0 ATF POLICIES, PROCEDURES AND STANDARDS

16.1 The contractor must conform to the following ATF guidelines, security requirements, and federal regulation and legislation throughout the life of the contract. ATF reserves the right to amend/upgrade these standards and internal guidelines, processes and procedures based on technological advances.

Minimum Database Security Requirements as prescribed by the ATF Information Systems Security Office (ATF ISSO)

NIST Special Publication 800-53 ATF Minimum Security Requirements for Contractor Off Site Labs ATF Publication, 7500.1 Rules of Behavior and Customer Agreement for ATF Workstation Users

Section 508 of the Rehabilitation Act (29 U.S.C. 794d), Subpart B – Technical Standards, 1194.21, Software Applications and Operating Systems, and 1194.22, Web-based Intranet and Internet Information and Applications, as it applies to this requirement.

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17.0 QUALITY CONTROL. The contractor must develop, implement and Maintain a quality control program. The program must include inspection, validation, evaluation, corrective action, and procedures necessary to affect quality control of all performance provided under the contract. The program must allow inspection and evaluation by the Government and must be applicable to all subcontractors and members of the contractor’s team, as appropriate.

18.0 SYSTEM FOR AWARD MANAGEMENT (SAM)

The selected contractor must have an active registration in the CCR database prior to award in accordance with Federal Acquisition Regulation 52.204-7.

19.0 POINTS OF CONTACT

Contracting Points of Contract

The following ATF points of contacts have been established to assist in executing and administering the contract. All requests for interpretation and assistance must be referred to:

Agnes Brooks, Contracting Officer (CO) 99 New York Avenue, NE, Washington, DC 20226 agnes.brooks@atf.gov

20.0 CONTRACT MANAGEMENT.

Notwithstanding the contractor’s responsibility for total management responsibility during the performance of this contract, the administration of the contract will require maximum coordination between the Contracting Officer (CO), the Contracting Officer’s Representative (COR) and the contractor. The following individuals will be the Government points of contact during performance of the contract:

All requests for interpretation and assistance should be referred to:

Contracting Officer (CO): The CO is responsible for the contract administration. The CO is the only person authorized to approve changes in the terms, conditions, delivery schedules, technical requirements, or price, as set forth in the contract. Any changes not made expressly by the Contracting Office will be considered to have been without authority.

In such cases, the Contractor is operating at their own risk. No adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The CO is Agnes Brooks. During any absence of the CO, identified for this contract, other warranted COs from ATF may authorize work under the contract.

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Contracting Officer's Representative (COR): The COR must be identified at time of award. The COR must be designated on authority of the Contracting Officer (CO) to monitor all technical aspects and assist in administering the contract.

The types of actions within the purview of the COR's authority are to assure that the Contractor performs the technical requirements of the contract; to perform, or cause to be performed, inspections necessary in connection with performance of the contract;

to maintain both written and oral communications with the Contractor concerning the aspects of the contract within his/her purview; to monitor the Contractor's performance under the contract and notify the Contractor and CO of any deficiencies observed and to coordinate Government furnished property availability and provide for site entry of Contractor personnel, if required.

(d) A letter of designation will be issued to the COR, with a copy supplied to the Contractor, stating the responsibilities and limitations of the COR. This letter will clarify to all parties of this contract the responsibilities which would result in a modification to the scope of work;

changes in cost or price totals or estimates; changes in delivery dates; changes in any other mutually agreed upon term or provision of the contract. Bulk fuel to the (ATF), NCETR, which must include on-road diesel and regular gas.

21.0 CLOSEOUT

The contractor must submit a final invoice within 45-calendar days after the end of the performance period. Within 15-calendar days of receiving the final payment, the contractor must furnish a completed and signed Release of Claims to the CO; such may be in the form of a Closeout-modification to the contract.

3.3 ATF Points of Contact

Contracting Officer: Agnes Brooks Email: agnes.brooks@atf.gov Phone: (202) 648-9115 Technical Point of Contact (POC) To Be Determined at time of award.

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Section 2 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

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)

52.203-12 Limitation On Payments to Influence Certain Federal Transactions

(Jun 2020)

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

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

Services (Dec 2022)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial

Products and Commercial Services) (Jun 2023)

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) COR Name: "[Name]"

Org: "[Organization]"

Address: "[Address]"

Phone: "[Area Code, Telephone

Number]"

Contract: "[Contract Number]"

Period: "[Period]"

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Clause Title Fill-ins (if applicable)

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

2023)

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

Clauses By Full Text

ATF-01 ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (SECTION 508) (July 2019, Updated January 2021)

Each Electronic and Information Technology (EIT) product furnished under this contract shall meet the Electronic and Information Technology Accessibility Standards (36 CFR 1194).

Submission of a Voluntary Product Accessibility Template (VPAT) following the guidelines described at www.section508.gov/sell/ vpat is required. Alternative formats or certifications may be used only when approved by the Contracting Officer. VPAT(s) must be provided to the Contracting Officer prior to contract award.

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.

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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 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.)

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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.

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.

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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 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:

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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 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, 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 check inquiries and making a favorable or unfavorable determination whether to grant the Candidate escorted access to ATF facilities.

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

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Non-Disclosure Agreement for Access to Unclassified Sensitive Information

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

B. Acknowledgement of Agreement. Candidates make this acknowledgement promptly after entering on duty by completing a certification through ATF's Justice Talent Management System (JTMS) or 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 Candidate 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.