Loren Data's SAM Daily™

FBO DAILY ISSUE OF JULY 04, 2010 FBO #3144
SOLICITATION NOTICE

R -- Employee Relations Specialist - SOW

Notice Date

7/2/2010
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541612 — Human Resources Consulting Services
 

Contracting Office

Department of Justice, Bureau of Alcohol, Tobacco and Firearms (ATF), Administrative Programs Division (APD), 99 New York Avenue, NE, 3rd Floor - Acquisitions, Washington, District of Columbia, 20226
 

ZIP Code

20226
 

Solicitation Number

DJA10C000056
 

Archive Date

7/31/2010
 

Point of Contact

Simone Rittenhouse, Phone: 202-648-9131
 

E-Mail Address

simone.rittenhouse@atf.gov
(simone.rittenhouse@atf.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

Statement of Work for the Employee Relations Specialist (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) Request for Proposal (RFP) number DJA10C000056 is assigned to this requirement and is issued as an RFP. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-42. (iv) This requirement is a Small Business set-aside. The North American Industry Classification System (NAICS) code is 541612 and the business size standard is $7.0 Million. The Small Business Competitiveness Demonstration Program is not applicable. (v) See Attachment A - Supplies or Services and Prices/Costs for CLIN structure. (vi) The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) intends to award a Firm Fixed-Price contract for one Employee Relations Specialist that provide technical support services for the range of responsibilities relating to the disciplinary and adverse action functions for allegations of employee misconduct (as described in the attached Statement of Work). (vii) Place of Delivery is as follows, unless otherwise indicated at the time of order: ATF Headquarters, 99 New York Avenue, NE, Washington, DC. Delivery is FOB Destination. The period of performance for the contract shall be a one-year base period plus four (4) one-year option periods. The anticipated award date is August 7,2010. (viii) The following FAR clauses apply to this solicitation. Offerors may obtain full text versions of these clauses electronically at http://farsite.hill.af.mil/. FAR 52.212-1, Instructions to Offerors-Commercial Items (Jun 2008). Parties responding to this solicitation who believe they can provide the services required of an Employee Relations Specialist described herein may submit their proposal in accordance with their standard commercial practices (e.g., on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses; 2) discounts for prompt payment if applicable; 3) Dun & Bradstreet number; 4) Taxpayer ID number; 5) copy of Central Contractor Registration; 6) copy of Representations and Certifications from ORCA (https://www.bpn.gov/orca); 7) pricing in accordance with the CLINs specified herein (see Attachment A - Supplies or Services and Prices/Costs); and 8) narrative addressing capability to provide the required service in accordance with the requirements herein and past performance, including three (3) references (including a. Name of Agency/Organization; b. Contract number; c. Contract type; d. Total contract value; e. Description of contract work; f. Contracting officer (or similar representative), telephone #, and email address) for contracts performed within the past three (3) years that are similar in size and scope to this requirement. (ix) 52.212-2, Evaluation-Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors (listed in descending order or relative importance) shall be used to evaluate offers: (1) Technical Capabilities - Demonstrated overall understanding of requirements, acceptability of proposed schedule, availability and completeness of resources, and proposed responsiveness to operational requirements. - Demonstrated knowledge of the Federal disciplinary and adverse action laws and processes in order to provide technical support and advisory services. - Demonstrated and relevant experience in preparing legally sufficient documents associated with Federal discipline and adverse actions to include detailed proposal and decision notice preparation. - Demonstrated analytical and writing skills. Sample writing must be submitted upon proposal submission to validate the requested skill set. - Demonstrated experience using information technology and automated systems (i.e. web base portal) to conduct remote access PRB business operations. - Demonstrated experience using HR Connect or other human resources system to conduct research and queries for the purpose of preparing proposal and decision documents. Identify experience with human resources system if other than HR Connect. - Demonstrated experience and knowledge in utilizing a Table of Penalties in the preparation of proposal and decision documents. Technical and past performance, when combined, are significantly more important than price. The evaluation and award procedures in FAR 13.106-2 apply. (2) Past Performance - Demonstrated experience in providing services similar in scope and complexity to those contained in SOW within the past three (3) years. (3) Price (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (x) 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 address: http://www.arnet.gov/far. FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Aug 2009). Quoters shall provide representations and certifications (FAR 52.212-3) electronically via the BPN website (www.bpn.gov/orca). A copy of the on-line representations and certifications submission shall be included in the quoter response. (xi) 52.212-4, Contract Terms and Conditions-Commercial Items (Mar 2009), applies to this acquisition. (xii) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (Feb 2010), applies to this acquisition. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). ___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). ___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (7) [Reserved] _X__ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). ___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). ___ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (16) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _X__ (18) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). _X__ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126). _X__ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X__ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). _X__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). _X__ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (27) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. ___ (30) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (31) (i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (37) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (38) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (39) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (42) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.217-5, Evaluation of Options. (Jul 1990): Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of clause) 52.217-8, Option to Extend Services (Nov 1999): The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the current period of performance. (End of clause) 52.217-9, Option to Extend the Term of the Contract (Mar 2000): (a) The Government may extend the term of this contract by written notice to the Contractor within the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.(End of clause) 52.233-2, Service of Protest (Sep 2006): (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Logistics and Acquisition Branch, 99 New York Avenue, N.E., Washington, DC 20226 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) 52.247-34, F.o.b. - Destination (Nov 1991): (a) The term "f.o.b. destination," as used in this clause, means -- (1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. (b) The Contractor shall -- (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading; (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery. (End of Clause) (xiii) The following Bureau of Alcohol, Tobacco, Firearms and Explosives Acquisition Regulation Clauses are also incorporated: ATF-04 Background Investigation as follows: Personnel Security Requirements The Contractor shall be responsible for ensuring that all Contractor employees assigned hereunder shall undergo a background investigation or other applicable personnel security procedures to determine their suitability for access to ATF information, information technology systems, and/or facilities. For the purpose of this contract, the term background investigation will be utilized to also reference other personnel security procedures that may be applied in lieu of a full background investigation. The background investigation will be conducted by or under the auspices of the Personnel Security Branch, Office of Professional Responsibility and Security Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is the responsibility of the Contractor to provide the necessary personnel suitability and security package in a timely manner, through the assigned Contracting Officer's Technical Representative (COTR), to ATF's Personnel Security Branch (PSB) so that a background investigation can be conducted. The Contractor shall screen and review each potential Contractor employee and ensure that each potential Contractor employee to be assigned to this contract possess a personal history that is in compliance with Department of Justice (DOJ) and ATF agency specific qualifications and will permit each employee to successfully pass a background investigation conducted by the ATF. The Contractor shall not submit a personnel suitability and security package to the COTR until the Contractor has screened the following aspects of each potential Contractor employee's personal history: a. Criminal conduct b. Financial responsibility c. Drug use d. Employment history e. Employment eligibility f. Selective Service registration, if applicable g. U.S. Residency h. Country of citizenship During the Contractor's review of each potential Contractor employee's personal history, the Contractor is required to review each potential Contractor employee's personnel suitability and security package to ensure the forms are fully complete, signed, and dated. Prior to submitting a personnel suitability and security package, the Contractor shall utilize E-Verify to verify the employment eligibility of all Contractor employees, regardless of citizenship status. The Contractor will not submit a personnel suitability and security package when employment eligibility cannot be verified. The Contractor can register for E-Verify on-line at https://www.vis-dhs.com/employerregistration/. This website provides instructions for completing a Memorandum of Understanding required for official registration. 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. The Contractor must submit a copy of a tentative employment offer with the personnel suitability and security package when it is submitted on a potential Contractor employee. The Contractor is hereby advised that a background investigation may take sixty (60) days or more to complete, depending on the complexity of the background investigation. The Contractor is encouraged to fill all positions with employees who have recently been the subject of a Federal background investigation. At the conclusion of the background investigation, the Personnel Security Branch will make a favorable or unfavorable determination and advise the COTR and the Contracting Officer (CO). The CO or the COTR is responsible for advising the Contractor of ATF's determination. Contractor employees are not authorized to access ATF proprietary information, information technology systems, and/or facilities, until a favorable determination has been made by the Personnel Security Branch in accordance with agency specific qualifications, DOJ policy, Federal suitability, and/or adjudicative guidelines. All background investigations will be adjudicated applying the suitability standards under 5 CFR, part 731, as well as the following DOJ policy and ATF agency specific qualifications: (1) DOJ Residency Requirement. Immediately prior to gaining access to ATF information, information technology systems, and/or facilities the PSB staff ensures all Contractor employees have: (a) Resided in the United States for three (3) out of the last five (5) years; and/or (b) Worked for the United States in a foreign country in a Federal or military capacity for three (3) out of the last five (5) years; and/or (c) Been a dependent of a Federal or military employee in a foreign country for three (3) out of the last five (5) years. (2) Allied Nations List. Contractor employees that only require access to ATF facilities must be United States citizens or foreign nationals legally permitted to reside in the United States. Their country of citizenship must be listed on the Allied Nations list published by the Department of State, Office of the Assistant Legal Advisor for Treaty Affairs. Since countries on this list are subject to change, refer to the following website for current information: http://www.opm.gov/employ/html/Citizen.htm. (3) Drug Policy. ATF Drug Policy for ATF Applicants is applied. The PSB ensures that ATF Contractor employees are compliant with the policy prior to authorizing access to ATF information, information technology systems, and/or facilities. (4) Selective Service. PSB will verify that all laws of the Selective Service are adhered to. (5) Financial Responsibilities. The PSB ensures compliance with DOJ guidance surrounding financial obligations. (a) Public Trust Positions - All financial obligations imposed by law must be favorably resolved through proof of payment and/or participation in a payment plan. For all other debt-related issues a risk management decision may be made in lieu of requiring payment or a payment plan. (Depending upon the position and debt history, PSB may require proof of payment and/or participation in a payment plan for financial delinquencies that are not imposed by law.) (b) National Security Positions - All delinquent financial obligations, even those not imposed by law, must be favorably resolved through proof of payment, and/or participation in a payment plan, or otherwise resolved. (6) Foreign Nationals Accessing Information Technology Systems. DOJ Order 2640.2F Information Technology Security, states non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems. (7) Homeland Security Presidential Directive 12. The PSB will conduct Personal Identity Verification to confirm the identity of the Contractor employee. Contractor employees must personally present two forms of identification in original form prior to accessing ATF information, information technology systems, and/or facilities. At least one document must be a valid State or Federal government-issued picture ID. In the event a contract employee is found to be non-compliant with the agency specific qualifications, PSB will notify the COTR and the CO. The request for investigation will be terminated and the contractor may be requested to submit another name and complete personnel suitability and security package. Additional agency specific qualifications may be implemented without notice to the Contractor. Denial or Disapproval of Access to ATF Information, Information Technology Systems, and/or Facilities In the event that a Contractor employee is denied or disapproved for access to ATF information, information technology systems, and/or facilities due to issues found during the background investigation, the Personnel Security Branch will notify the COTR and the CO. The contractor may be requested to submit another name and complete personnel suitability and security package. Freedom of Information Act Requests Once a determination has been made by the PSB, a Contractor employee may receive a copy of his/her background investigative file by submitting a written Freedom of Information Act request. The request must be addressed to the Disclosure Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 99 New York Avenue, NE, Suite 1E-400, Washington, DC 20226. It is the responsibility of the Contractor employee to assume all monetary liabilities associated with such request. Police Check Inquiries In those instances where the Contractor believes that its employees will not need unescorted access to ATF facilities, or access to any ATF proprietary information, data or information technology systems, the Contractor shall notify the COTR. The COTR will then apprise ATF's PSB of the Contractor's initial determination, citing the reasons thereof. The PSB, in consultation with the COTR or the CO, will make the final determination as to whether or not the Contractor employee will need to undergo a background investigation. The nature and specific degree of background investigation will be determined by the PSB, depending upon the nature and degree of risk associated with the contract position. When ATF's PSB determines that the Contractor will require escorted access to ATF facilities, and/or ATF construction sites, or will only be provided with access to ATF non-sensitive information, the Contractor employee must undergo a criminal history check. The Physical Security Programs Branch or the respective field division/office is responsible for conducting the criminal history check and making the favorable or unfavorable determination. Access to Classified National Security Information In the event the Contractor employee requires access to classified National Security Information (NSI), in order to fulfill contractual requirements, the COTR or the CO must contact the PSB. The PSB will assess the requirements and make a determination if access to NSI is required at the Confidential, Secret, or Top Secret level (which may or may not include access to Sensitive Compartmented Information. If the PSB determines that access to NSI is required, the contract must be modified to incorporate the requirements of the National Industrial Security Program (NISP). The PSB will provide additional personnel security language to the CO and coordinate all additional personnel security requirements of the NISP with the COTR. All potential offerors must be registered in the Central Contractor Registration database (www.ccr.gov) prior to award. Please direct all questions concerning this competition to the contract specialist, Simone Rittenhouse, in writing via email at Simone.rittenhouse@atf.gov. Instructions to Offerors - offers shall consist of the following: A. A cover letter that (a) identifies the solicitation number; (b) the time specified for receipt of offers; (c) the name, address, and telephone number for the offeror; (d) offeror's Dun & Bradstreet Number and Cage Code. A technical proposal no longer than 10 pages excluding resumes, commitment letters, past performance surveys. The technical proposal shall contain Qualification Requirements, Technical Capability and Experience, Past Performance. Evaluation. The Government intends to evaluate offers and award a contract without discussions with offerors. (xiv) Defense Priorities and Allocations System (DPAS) is not applicable. (xv) The due date and time for proposals (technical proposal shall not exceed 10 pages) is Friday, July, 16, 2010, at 3:00 p.m. local time (Eastern). Late proposals will not be accepted. (xvi) Proposals may be delivered electronically via email to Simone Rittenhouse at simone.rittenhouse@atf.gov. (xvii) All questions concerning this RFP shall be submitted in writing to Simone Rittenhouse at simone.rittenhouse@atf.gov, no later than July 8, 2010. Questions will not be answered orally. E-mail submission of questions is required. Questions submitted after the specified time/date may not be addressed.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DOJ/BATF/APMD/DJA10C000056/listing.html)
 

Place of Performance

Address: ATF, 99 New York Ave NE, Washington, District of Columbia, 20226, United States

Zip Code: 20226
 

Record

SN02196090-W 20100704/100702234923-42662d946a56da804cc74e3580492401 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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