RFP 15DDHQ20R00000004 V5 11-14-19.pdf

UNCLASSIFIED

FOR OFFICIAL USE ONLY

15DDHQ20R00000004 Page 1

DRUG ENFORCEMENT ADMINISTRATION (DEA)

OFFICE OF ACQUISITION & RELOCATION MANAGEMENT

CONTROLLED SUBSTANCES TRANSPORTATION

REQUEST FOR PROPOSAL (RFP or “solicitation”)

15DDHQ20R00000004

15DDHQ20R00000004 Page 2

TABLE OF CONTENTS

SECTION A – SOLICITATION/CONTRACT FORM

PART 1 – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 ITEMS TO BE ACQUIRED

B.2 MAXIMUM VALUE AND GUARANTEED MINIMUM

B.3 CONSIDERATION AND PAYMENT

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

C.2 BACKGROUND

C.3 SCOPE

C.4 REQUIREMENTS

C.5 PERMITS AND LICENSES

C.6 VEHICLE REQUIREMENTS

C.7 FIREARMS

C.8 LAUTENBERG AMENDMENT STATEMENT

C.9 SHOOTINGS

C.10 QUALITY CONTROL PLAN

C.11 TASK ORDERS

C.12 CONTRACTOR INSURANCE REQUIREMENTS

C.13 SECURITY

C.14 PERIOD OF PERFORMANCE

SECTION D – PACKING AND MARKING

D.1 DEA-2852.247-70 GENERAL PACKAGING AND MARKING REQUIREMENTS (MAY 2012)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 DEA-2852.211-70 PERIOD OF PERFORMANCE (BASE AND OPTIONS) (MAY 2012)

F.3 PLACES OF PERFORMANCE

F.4 HOURS OF OPERATIONS

F.5 DELIVERABLES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DEA-2852.211-71 SCHEDULED AND UNSCHEDULED CLOSURES OF GOVERNMENT

OFFICES (NOV 2012)

G.2 DEA-2852.242-70 CONTRACTOR PERFORMANCE ASSESSMENT (JUL 2014)

G.3 DEA-2852.242-71 INVOICE REQUIREMENTS (MAY 2012)

G.4 DEA-2852.242-72 FINAL INVOICE AND RELEASE OF RESIDUAL FUNDS (MAY 2012)

G.5 DEA-2852.242-74 - CONTRACT ADMINISTRATION POINTS OF CONTACT (MAY 2012)

G.6 DEA-2852.242-73 – CONTRACTING OFFICER’S REPRESENTATIVE (COR) (MAY 2012)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DEA-2852.204-83--PUBLIC TRUST POSITIONS—DEA CONTRACTOR SECURITY

REQUIREMENTS FOR ACCESS TO SENSITIVE BUT UNCLASSIFIED (SBU) INFORMATION/U.S.

CITIZENSHIP REQUIRED (October 2015)

H.2 DEA-2852.218-70 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC

INFLUENZA OUTBREAK OR OTHER BIOMEDICAL EMERGENCY OR CATASTROPHE (MAY 2012)45

H.3 DEA-2852.231 70 TRAVEL REQUIREMENTS FOR CONTRACTORS (JANUARY 2015)

H.4 INCORPORATION OF CONTRACTOR’S PROPOSAL

H.5 DEA-2852.203-71 REQUIREMENT FOR NOTIFICATION OF CONTRACTOR EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JAN 2017)

H.6 DEA-2852.204-78 CONTRACTOR PERSONNEL REPORTING REQUIREMENTS (MAY 2019) ... 47 H.7 DEA-2852.203-70 FORMER EMPLOYMENT OR ASSIGNMENT WITH THE DEA (NOV 2017) .. 47

15DDHQ20R00000004 Page 3

H.8 DEA-2852.209-70 ORGANIZATIONAL CONFLICT OF INTEREST (MAY 2012)

H.9 DEA-2852.209 – 71 LIMITATIONS ON FUTURE CONTRACTING (MAY 2012)

H.10 DEA-2852.209-79 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse—Solicitation (Deviation 2015-02) (Sep 2015)

H.11 DEA-2852.222-70 APPLICABLE WAGE DETERMINATION (SERVICE CONTRACT LABOR

STANDARDS) (JUN 2014)

H.12 DEA-2852.242-76 KEY PERSONNEL (JAN 2014)

H.13 DEA-2852.242-77 PERMITS AND LICENSES (MAY 2012)

H.14 DEA-2852.242-78 APPROVAL REQUIRED FOR ADVERTISING AND MEDIA RELEASES (MAY

2012) 53 H.15 DEA-2852.239-71 Information Resellers or Data Brokers (May2012) H.16 DEA-2852.237-70 Preventing Personal Services Contracts and Performance of Inherently Government Functions (JUN 2018)

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 52.216-18 ORDERING (OCT 1995)

I.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.5 52.217-8 OPTION TO EXTEND SERVICES (Nov 1999)

I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

I.8 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) 59 I.9 52.247-2 Permits, Authorities, or Franchises (JAN 1997) I.10 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF EXHIBITS AND ATTACHMENTS

J.1 EXHIBITS

J.2 ATTACHMENTS

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

OR RESPONDENTS

K.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

K.3 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.4 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

K.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS 71

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATE BY REFERENCE (FEB 1998)

L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 52.233-2 SERVICE OF PROTEST (SEPT 2006)

L.4 INSTRUCTIONS TO OFFERORS

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 52.252-1 SOLICITATION PROVISIONS INCORPORATE BY REFERENCE (FEB 1998)

M.2 BASIS OF AWARD

M.3 TECHNICAL PROPOSAL (VOLUME I) EVALUATION

M.4 BUSINESS PROPOSAL (VOLUME II) EVALUATION

15DDHQ20R00000004 Page 4

SECTION A – SOLICITATION/CONTRACT FORM

[Insert Standard Form 33, Solicitation, Offer and Award]

15DDHQ20R00000004 Page 5

PART 1 – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 ITEMS TO BE ACQUIRED

The Contractor shall furnish all personnel, facilities, equipment, material, supplies, and services ( except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary to, or incident to, performing and providing secured transportation of controlled substances to include bulk quantities of marijuana and pharmaceuticals pursuant to Section C, Statement of Work.

B.2 MAXIMUM VALUE AND GUARANTEED MINIMUM

The maximum value for this contract (inclusive of the aggregate price of all task orders issued) shall not exceed $TBD (to be determined). The guaranteed minimum under this contract is $50,000.00 for the base year only.

B.3 CONSIDERATION AND PAYMENT

The Fixed Price (ceiling) amount of each task order will be based on the applicable Fixed Unit Price per Contract Line Item Number (CLIN) specified below that is in effect on the effective date of the task order, even if the task order is later modified for any reason and/or performance under the task order crosses into another performance period. The maximum quantities listed in the Schedule of Supplies/Services of the contract represent the possible quantities that may be ordered and are not guaranteed. The following represents the price schedule for this contract:

(Next Page)

15DDHQ20R00000004 Page 6

Base Period: DATES TBD

CLIN Description Quantity Unit Unit Price $ Ceiling Price $ 0001 Destruction Event for the

El Paso Division

893 HR

0002 Travel Costs for Destruction Event from El Paso Division to Tucson Destruction Facility

120 EA

0003 Destruction Event for the Houston Division

2700 HR

0004 Travel Costs for Destruction Event from Houston Division to McAllen Destruction Facility

747 EA

0005 Destruction Event for the Phoenix Division

1000 HR

0006 Travel Costs for Destruction Event from Phoenix Division to Tucson Destruction Facility

840 EA

0007 Lead Transportation Security Officer

1920 HR

0008 Travel Costs for Destruction Event from Houston Division Office to Pasedena Destruction Facility

1 EA

0009 Travel Costs for Destruction Event from El Paso Division to Panama City Destruction Facility

1 EA

0010 Travel Costs for Destruction Event from Phoenix Division to Panama City Destruction Facility

1 EA

0011 Travel Costs for Destruction Event from Houston Division to Panama City Destruction Facility

1 EA

TOTAL Base Year:

15DDHQ20R00000004 Page 7

Option Period 1: DATES TBD

1001 Destruction Event for the

El Paso Division

893 HR

1002 Travel Costs for Destruction Event from El Paso Division to Tucson Destruction Facility

120 EA

1003 Destruction Event for the Houston Division

2700 HR

1004 Travel Costs for Destruction Event from Houston Division to McAllen Destruction Facility

747 EA

1005 Destruction Event for the Phoenix Division

1000 HR

1006 Travel Costs for Destruction Event from Phoenix Division to Tucson Destruction Facility

840 EA

1007 Lead Transportation Security Officer

1920 HR

1008 Travel Costs for Destruction Event from Houston Division to Pasedena Destruction Facility

1 EA

1009 Travel Costs for Destruction Event from El Paso Division to Panama City Destruction Facility

1 EA

1010 Travel Costs for Destruction Event from Phoenix Division to Panama City Destruction Facility

1 EA

1011 Travel Costs for Destruction Event from Houston Division to Panama City Destruction Facility

TOTAL Option Year 1:

15DDHQ20R00000004 Page 8

Option Period 2: DATES TBD

2001 Destruction Event for the

El Paso Division

893 HR

2002 Travel Costs for Destruction Event from El Paso Division to Tucson Destruction Facility

120 EA

2003 Destruction Event for the Houston Division

2700 HR

2004 Travel Costs for Destruction Event from Houston Division to McAllen Destruction Facility

747 EA

2005 Destruction Event for the Phoenix Division

1000 HR

2006 Travel Costs for Destruction Event from Phoenix Division to Tucson Destruction Facility

840 EA

2007 Lead Transportation Security Officer

1920 HR

2008 Travel Costs for Destruction Event from Houston Division to Pasedena Destruction Facility

1 EA

2009 Travel Costs for Destruction Event from El Paso Division to Panama City Destruction Facility

1 EA

2010 Travel Costs for Destruction Event from Phoenix Division to Panama City Destruction Facility

2011 Travel Costs for Destruction Event from Houston Division to Panama City Destruction Facility

TOTAL Option Year 2:

15DDHQ20R00000004 Page 9

Option Period 3: DATES TBD

3001 Destruction Event for the

El Paso Division

893 HR

3002 Travel Costs for Destruction Event from El Paso Division to Tucson Destruction Facility

120 EA

3003 Destruction Event for the Houston Division

2700 HR

3004 Travel Costs for Destruction Event from Houston Division to McAllen Destruction Facility

747 EA

3005 Destruction Event for the Phoenix Division

1000 HR

3006 Travel Costs for Destruction Event from Phoenix Division to Tucson Destruction Facility

840 EA

3007 Lead Transportation Security Officer

1920 HR

3008 Travel Costs for Destruction Event from Houston Division to Pasedena Destruction Facility

1 EA

3009 Travel Costs for Destruction Event from El Paso Division to Panama City Destruction Facility

1 EA

3010 Travel Costs for Destruction Event from Phoenix Division to Panama City Destruction Facility

1 EA

3011 Travel Costs for Destruction Event from Houston Division to Panama City Destruction Facility

TOTAL Option Year 3:

15DDHQ20R00000004 Page 10

Option Period 4: DATES TBD

4001 Destruction Event for the

El Paso Division

893 HR

4002 Travel Costs for Destruction Event from El Paso Division to Tucson Destruction Facility

120 EA

4003 Destruction Event for the Houston Division

2700 HR

4004 Travel Costs for Destruction Event from Houston Division to McAllen Destruction Facility

747 EA

4005 Destruction Event for the Phoenix Division

1000 HR

4006 Travel Costs for Destruction Event from Phoenix Division to Tucson Destruction Facility

840 EA

4007 Lead Transportation Security Officer

1920 HR

4008 Travel Costs for Destruction Event from Houston Division to Pasedena Destruction Facility

1 EA

4009 Travel Costs for Destruction Event from El Paso Division to Panama City Destruction Facility

1 EA

4010 Travel Costs for Destruction Event from Phoenix Division to Panama City Destruction Facility

1 EA

4011 Travel Costs for Destruction Event from Houston Division to Panama City Destruction Facility

TOTAL Option Year 4:

GRAND TOTAL (BASE PLUS ALL OPTION YEARS):

(End of Section B)

15DDHQ20R00000004 Page 11

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

The mission of the Drug Enforcement Administration (DEA) is to enforce the controlled substances laws and regulations of the United States (U.S.) and bring to the criminal and civil justice system of the U.S., or any other competent jurisdiction, those organizations and principal members of organizations involved in the growing, manufacturing, or distribution of controlled substances appearing in or destined for illicit traffic in the U.S., including organizations that use drug trafficking proceeds to finance terror; and to recommend and support enforcement-related programs aimed at reducing the availability of and demand for illicit controlled substances on the domestic and international markets.

C.2 BACKGROUND

The DEA’s Houston, El Paso and Phoenix Field Divisions seize enormous amounts of marijuana each year.

C.3 SCOPE

The DEA requires contractor support services to provide secured transportation of controlled substances to include bulk quantities of marijuana to the Destruction Facilities (DF) located in McAllen, Texas and Tucson, Arizona. Except as otherwise provided herein, the Contractor shall provide all management, supervision, manpower, materials, and equipment necessary as described in this requirement. The Contractor shall also be required to employ personnel who are qualified to legally carry weapons and who can pass a background investigation.

The work to be performed shall include secure loading, transporting, and unloading of incidental controlled substances included in Schedules I, II, III, IV, or V (see https://www.deadiversion.usdoj.gov/21cfr/cfr/2108cfrt.htm) during transportation of bulk marijuana from the DEA offices, and other locations to Destruction Facilities (DF), as outlined in Section F.3 of this solicitation.

C.4 REQUIREMENTS

C.4.1 Labor

The Contractor shall provide fully trained, armed and outfitted personnel to load and unload large amounts of pre-packed bulk marijuana (bales weigh an average of 20 to 60 pounds each) and other incidental controlled substances/drugs at the DEA Field Divisions (El Paso, Houston, and Phoenix) and its offices located within their divisions.

C.4.1.1 Lead Transportation Security Officer (LTSO) (Guard II) https://www.deadiversion.usdoj.gov/21cfr/cfr/2108cfrt.htm

15DDHQ20R00000004 Page 12

The LTSO (Guard II) is the person designated, in writing, by the Contractor to be the Contractor’s authorized representative for technical and administrative performance of all services required under this contract. Additionally, the LTSO (Guard II) shall be the primary point of contact for the Contracting Officer’s Representative (COR) or designee, through which all Contractor work and technical direction shall flow through to Contractor staff performing under the contract, and he/she shall have the same authority to act on the Contractor’s behalf.

The Contractor shall assign the LTSO (Guard II) as follows:

One (1) LTSO (Guard II) will be located in Houston Field Division and will serve as the LTSO (Guard II) for Houston, El Paso, and Phoenix Field Divisions. Additionally, LTSO (Guard II) shall serve as the Quality Control Monitor for all three (3) Divisions.

C.4.1.2 Transportation Security Officer (TSO) (Guard I)

The TSOs (Guard I) shall be armed persons assigned to load, unload, and secure pre-packaged bulk marijuana and other incidental controlled substances in performance of this contract. A team of three (3) to six (6) Contractor personnel shall be utilized for each transportation event based on the size of the load. One TSO (Guard I) will be identified as the Lead for each run and will coordinate with LTSO (Guard II) for the assignment. Teams will vary in size based on the quantity of drugs being picked up.

The Contractor shall assign the TSOs (Guard I) as follows:

• One (1) team of six (6) TSOs (Guard I) to the Houston Division (for McAllen, TX;

Laredo, TX; Corpus Christi, TX; and Brownsville, TX)

• One (1) team of six (6) TSOs (Guard I) to the El Paso Division (for El Paso, TX; and Alpine, TX)

• One (1) team of six (6) TSOs (Guard I) to the Phoenix Division (for Tucson, AZ)

Specifically, the three (3) separate teams of TSOs (Guard I) for a total of 18 TSOs (Guard I) will be assigned as follows:

• One (1) team of six (6) TSOs (Guard I) for the Houston Division (two of the six for Laredo, TX, and four of the six for McAllen, TX). One of the six TSOs (Guard I) will be identified as the Lead for each run and coordinate with the LTSO (Guard II);

• One (1) team of six (6) TSOs (Guard I) for the El Paso Division (one of the six for El Paso, TX, and one of the six for Alpine, TX, with the remainder (4) assigned to El Paso Division). One of the six TSOs (Guard I) will be identified as the Lead for each run and coordinate with the LTSO (Guard II); and

• One (1) team of six (6) TSOs (Guard I) for the Phoenix Division (one of the six for Tucson, AZ, with the remainder (5) assigned to Phoenix Division). One of the six TSOs (Guard I) will be identified as the Lead for each run and coordinate with the LTSO (Guard II).

15DDHQ20R00000004 Page 13

The Contractor shall, at a minimum, have a team in one (1) of the geographical locations to be ready after receipt of a call, for each burn event.

C.4.2 Motor Vehicle License

Contractor personnel shall possess a valid state or U.S. territory motor vehicle operator’s license (e.g., Puerto Rico). Driver’s licenses must be carried at all times while working under this contract. The Contractor shall provide copies of its personnel’s motor vehicle operator’s licenses to the Contracting Officer Representative (COR) or designee within 30 days after contract award.

The Contractor is required to submit, on a quarterly basis, to the COR or designee for review and verification, the names and all necessary documentation of fully trained and qualified personnel for the positions identified in this section or otherwise for persons who will be used in a reserve capacity (e.g., used to replace TSOs (Guard I) on scheduled or non-scheduled leave, or who will be available to respond to emergency situations) by the effective date of the contract.

C.4.3 Required Reports

The LTSO (Guard II) shall maintain a copy of Duty Log submitted weekly by each Division’s TSO (Guard I) which should be kept at each appropriate DEA Office. The Duty Log book or electronic version shall have sign in/out for each work day. A copy of the weekly log shall be attached to vendor’s invoice.

C.4.4 Qualifications for Contractor Personnel

The Contractor shall provide personnel with the following qualifications:

• Must be a citizen of the U.S.

• Be at least 21 years of age. While there is no limit as to the maximum age of LTSO

(Guard II) or TSO (Guard I), all employees must be able to withstand the physical demands of the job and must be capable of responding to emergencies.

• Possess, and can provide a copy of at a minimum, either a high school diploma or a GED equivalency certificate. If the applicant is providing educational documentation from a foreign educational institute, the foreign institution must present instruction equal to the US. Department of Educational Standards. (All documents presented in a foreign language must be translated into English and notarized, a notarized original and a copy of the foreign diploma or certificate will be maintained in the applicants personnel file.)

• Speak English fluently, read and comprehend written English, and compose coherent written reports in English. Bi-lingual security guards may be an asset to the Contractor, but not a requirement under federal law. No Contractor may discriminate under Executive Order Number 11478.

• Meet one of the following experience/education requirements:

Three (3) years of security experience within the past five (5) years; or Three (3) years of military or National Guard (active duty or reserve, reserve service must equal three (3) full years of fulltime employment) experience; or

15DDHQ20R00000004 Page 14

Successful completion of a state certified Police Officer’s Standard Training (POST) academy, a federal law enforcement academy; or

Any reasonable combination of the above (i.e., two (2) years of security experience plus one (1) year of college coursework related in the field)

• Must be able to meet and deal tactfully with Government employees, the general public and other persons present in DEA facilities.

• Must be able to understand, explain, interpret, and apply detailed orders, rules, regulations, instructions, training materials, and procedures.

• Must be able to prepare clear, concise, accurate and detailed written reports.

• Must have no previous arrests or convictions.

• Must be able to safely carry and use a firearm.

C.4.5 Dress and Equipment Code

In order to promote easy identification for DEA personnel, other Federal Officials and the general public, all LTSOs (Guard II) and TSOs (Guard I) shall be dressed in a uniform designated by the Contractor during performance of work under the contract. Level 3 “a” ballistic protection vest shall be worn under or over the duty uniform shirt of the TSOs (Guard I) during events. TSOs (Guard I) have the option of wearing the vest during all other times. The Contractor shall provide the vest to each TSOs (Guard I) assigned to perform work under this contract.

The Contractor shall also provide its employees with cellular telephones. The Contractor shall select a cellular carrier that provides the best service/coverage in the remote areas of operation.

Additionally, DEA will provide portable radios to the Contractor for effective communications.

C.5 PERMITS AND LICENSES

The Contractor shall, at no additional cost to the Government, obtain and maintain in effect the necessary permits and licenses required by Federal, State, Tribal, and/or Local Government, or subdivisions thereof, or of any other duly constituted public authority required for the performance of work under this contract. The Contractor shall possess ALL licenses required to perform services within the state of Texas, New Mexico, Arizona, Louisiana, Mississippi, Alabama, and Florida. Further, the Contractor shall obey and abide by applicable laws and ordinances.

Prior to commencement of work, and except where precluded by local law or ordinance, the Contractor shall make and complete all arrangements with the appropriate officials in the state or local jurisdiction in which the services are to be performed to:

• Obtain, possess, and maintain all business and corporate licenses required to operate as a commercial security service within the entire geographic area covered under this contract.

• Obtain and maintain all legally required licenses and permits (excluding permits and licenses issued to individual Contractor’s personnel).

• Obtain and maintain any official bond(s) and insurances as required to the work under this contract.

15DDHQ20R00000004 Page 15

The Contractor shall submit legible copies of all the documents as listed above and provide any revised documents during this contract term directly to the COR or designee. In addition, the Contractor shall pay any fees or costs involved or related to authorization for the arming of any employees engaged in providing armed guard services specified under this contract.

As discussed herein, the Contractor and all personnel performing work under this contract are required to pass SENSITIVE clearance prior to the start of work under this contract. The Contractor shall:

• Maintain a copy of all licenses, certifications, records of training, national security clearance status (including but not limited to the date of the most recent background investigation), and documentation regarding other required qualifications of all contract personnel in positions identified herein and shall make and be authorized to make such documents and records immediately available to the Government for inspection and reproduction when requested to do so by the Contracting Officer (CO) or COR or designee. If making such information available to the Government requires Contractor’s personnel to exercise any sort of release (e.g., because information is protected from disclosure by law of company policy), the Contractor shall ensure that appropriate releases are executed by the Contract personnel. Such releases shall be maintained with the affected or associated records.

• Notify the COR or designee, in writing, of any lapses in these requirements or problems related to the maintenance of them and shall also advise the COR or designee, in writing, of the Contractor’s proposed or anticipated solution. Such notification shall be given to the COR or designee within one (1) business day upon the Contractor’s identification of the problem.

• Complete and certify a written record that shows names and issue dates for each Contractor’s personnel having each and all legally required licenses, permits, waivers, and certifications required by the state. This written Contractor certification shall state that all legal requirements have been fulfilled prior to the commencement of any contract work.

• Provide an updated record to the Government upon request of the CO or COR. The Contractor shall not be reimbursed for an event, whereby services were performed by a TSO (Guard I) lacking appropriate permits and certifications demonstrating the TSO (Guard I) are legally permitted to perform the services.

• The costs associated with this requirement should be factored into the Contractor’s rate, if applicable, as they will not be itemized or paid for separately by the Government.

• Where Contract employees are required by law to individually apply for licenses and/or permits, and a fee is required by the licensing agency, the Contractor shall reimburse the employee for all costs and fees associated with obtaining the required license/permit. The cost associated with this requirement must be factored into the Contractor’s rate, as they will not be itemized or paid for separately by the Government.

• TSOs (Guard I) shall carry their firearm license/permits (and, where legally required, their concealed weapons permits or state required waivers) on their person while on duty, unless local or state law requires the Contractor to maintain the records.

15DDHQ20R00000004 Page 16

• Failure by the Contractor to obtain all required licenses, as of the contract start date, will be grounds for termination for default.

• Failure by the Contractor to maintain valid licenses and permits will be cause for the Government to take contractual actions, up to and including termination for default.

Additional language for Permits and Licenses is incorporated in Section H.13 of this solicitation.

C.6 VEHICLE REQUIREMENTS

The Contractor shall provide:

• Three (3) 21-foot trucks, five (5) panel vans with cage inside to keep controlled substances bales from flying during transport;

• One (1) 24-foot truck, two (2) ¾ ton heavy duty four door full size trucks with shells;

• One (1) 4-door/full size/pick-up trucks with a lock cover over the bed of the truck; and

• Four (4) sport utility vehicles, all of which shall be unmarked, for the transportation of bulk marijuana and other incidental controlled substances, from DEA Offices to the destruction facility.

Assignments of vehicles are specified below:

• Houston Division - two (2) 21 foot trucks, two (2) panel vans and two (2) sport utility vehicles;

• El Paso Division – one (1) 21 foot truck one (1) panel van, one (1) 4-door/full size/pick-up truck with a lock cover over the bed of the truck, and one (1) sport utility vehicle; and

• Phoenix Division - two (2) panel vans, one (1) 24 foot truck, two (2) ¾ ton heavy duty quad cabs with shells, and one (1) sport utility

Cargo /or truck(s) shall be secured with a DEA provided seal/lock to secure the contraband on Contractor’s vehicle.

All trucks shall be equipped with Global Positioning System (GPS) equipment. All fuel, maintenance, registration, licensing, insurance, or other costs associated with these vehicles are the responsibility of the Contractor.

If a Contractor’s vehicle is inoperable a replacement vehicle must be provided to avoid any disruption in the performance of this contract within a specified timeframe approved by the COR or designee. The Contractor shall also use DEA’s Division Base Radio/Command Center.

In the event of a motor vehicle accident, the Contractor shall notify the local or State Police and the COR or designee immediately after the accident (e.g., as soon as the circumstances of the accident will permit the Contractor to do so).

Should an accident involving a conveyance occur, regardless of the amount of damage, the operator will take the following steps:

15DDHQ20R00000004 Page 17

• Take appropriate measures to see that injured persons are tended to and that the scene does not create a hazard to passing traffic

• Notify local authorities

• Avoid making statements to any witnesses or other parties to the accident as to cause or fault

• Obtain the identities of participants and witnesses

• Notify immediate supervisor as soon as possible (i.e., as soon as the circumstances of the accident will permit the Contractor’s personnel to do so)

• Cooperate with local authorities investigating the accident

If the operator, due to injury, cannot perform these tasks, then the TSO (Guard I) at the scene will do them. The Contractor’s personnel shall have in his possession a DEA accident form package.

The Contractor’s personnel shall also obtain the following information about the other driver involved in the accident:

• Name and address of the other driver;

• Permit number, issuing state and expiration date of other driver’s license;

• Name and address of the owner of the vehicle;

• Make, type, year, license number and state in which the vehicle was registered; and

• Name of insurance company and policy number.

Additionally, the LTSO (Guard II) shall provide a list of the following information to the COR or designee:

• Any obvious or mentioned personal injuries to any person(s) as a result of the accident;

• Damage to the other vehicle;

• Damage to the Contractor-provided vehicle;

• Name, badge number, precinct number of the police officer at the scene, if any,

• Police report number; and

• Names and addresses of any witnesses to the accident and any passengers in the

Contractor provided vehicle.

Drivers of Contractor provided vehicles shall obey all motor vehicle traffic laws of the State(s) and/or local jurisdictions in which they operate. Traffic fines imposed on a Contractor for an offense committed while in the performance of this contract shall be the responsibility of the Contractor. This includes fines for parking violations. Motor vehicle tickets received shall be reported to the COR or designee within 24 hours of receipt.

C.7 FIREARMS

Contractor personnel will not be performing law enforcement duties under this contract.

However, Contractor personnel may encounter dangerous situations due to the nature of the work and materials transported. In order to account for these situations the Contractor shall provide firearms to its personnel for personal protective use in accordance with all relevant state laws.

15DDHQ20R00000004 Page 18

The Contractor shall train, license, and certify its personnel, as required by each applicable state, to maintain proper authority to carry and operate firearms within each state. Specifically, the Contractor shall ensure that TSOs (Guard I) have the appropriate training, certifications, and licenses to carry and operate firearm in the states of Texas, Arizona, New Mexico, Louisiana, Mississippi, Alabama and Florida.

The Contractor shall provide copies of all relevant firearms certifications and licenses to the COR upon award of this contract and every six months thereafter. The Contractor is responsible for notifying the DEA immediately when one of its personnel is no longer in compliance with all applicable state certifications and license requirements; uncertified/unlicensed Contractor personnel may not perform under this contract. The DEA Firearms Instructor personnel are NOT providing any official direction to Contractor’s personnel regarding the firearm qualification of their personnel.

C.8 LAUTENBERG AMENDMENT STATEMENT

Because the Contractor personnel shall be authorized to carry weapons in the performance of this Contract, they shall submit a signed and dated “Domestic Violence” certification that satisfies the legal requirements of the Lautenberg Amendment, 18 USC 922 (G)(8) and (9). The certification is valid for one (1) year and shall be recertified and resubmitted annually. The Contractor shall maintain a file of its personnel’s certifications and provide the COR with a signed statement certifying compliance, upon completion of DEA background investigation, with this requirement. If at any time one of the Contractor’s personnel has a disqualifying event under the Lautenberg Amendment, the Contractor shall notify the COR and immediately remove the individual from performing on this Contract. The Contractor shall then submit a new certification to the COR stating that all of its personnel are in compliance with the Lautenberg Amendment.

C.9 SHOOTINGS

Immediately following a shooting or assault incident, TSOs (Guard I) shall ensure that the following steps are taken:

• Control any threat to the safety of persons at the scene

• Provide first aid, if necessary

• Request emergency medical assistance, if necessary.

• Secure all firearms and other weapons

• Notify COR or designee

• Secure the perimeter and protect the contents of the truck

These requirements address the responsibilities of TSOs (Guard I) following a shooting or assault incident. The following requirements apply to any discharge of a firearm by contract personnel. Immediately following a shooting or assault incident, TSOs (Guard I) will ensure that the following steps are taken:

• Control any threat to the safety of persons at the scene.

15DDHQ20R00000004 Page 19

• Provide first aid, if necessary

• Request emergency medical assistance, if necessary

• Secure all firearms and other weapons

• Notify DEA Division Base Radio, COR or designee

• Secure the scene and protect the contents of the vehicle (i.e. narcotics, etc.)

C.10 QUALITY CONTROL PLAN

The Contractor shall provide a detailed Quality Control Plan (QCP) with their proposal submittal. The plan will be incorporated into the contract at the time of Contract award. The Contractor’s QCP shall include, but not be limited to, the following areas:

• Identification of the designated Quality Control Monitor(s) evidence of their qualifications and responsibilities.

• A description of the type, level, and frequency of inspections performed by the

Contractor’s Quality Control Monitors. Inspections shall be conducted by the Quality Control Monitor in accordance with the QCP and as frequently as necessary to ensure effective performance by the Contractor. While the Contractor may perform more inspections than are required in the QCP, in no event shall the Contractor perform fewer inspections than required by that Plan. Quality Control Inspection Check Lists which include, as a minimum, checks of: equipment, uniform and appearance; attendance; sign in/out procedures; knowledge of and adherence to DEA’s requirements and operating procedures (as it relates to this solicitation); possession of certification and company identification card(s); possession of required licenses, permits (and state required waivers when applicable); current firearms qualifications; and overall contract performance.

• A description of the Contractor’s employee reward/incentive program and the Contractor’s disciplinary procedures, used when the Contractor’s Quality Control Monitors.

• Under no circumstances shall individuals appointed as Quality Control Monitors serve as uniformed employees working under this contract, nor shall they be armed in the performance of their duties.

Quality Control Inspection Reports shall be prepared by Quality Control Monitors and remain on file with the Contractor for all inspections made during the entire Contract period. The Contractor shall make those reports available to the CO or COR or designee upon request.

The Contractor shall brief the COR or designee of any problems or deficiencies noted during an inspection and shall inform the COR or designee of all actions taken or planned to resolve the problem. If the Contractor’s performance indicates that additional quality control measures are needed, the CO and COR or designee will meet either in person or via telephonic conference with the Contractor to discuss the Contractor’s performance, QCP, and any other areas of concern. Through the CO, the COR or designee may request that the Contractor take additional steps to improve both the overall performance of the Contract and adherence to their QCP.

The Government shall consider the Contractor’s adherence to their stated QCP during annual performance evaluations. Failure by the Contractor to adhere to their stated QCP may result in

15DDHQ20R00000004 Page 20 contractual actions being taken by the Government to correct such deficiencies.

C.11 TASK ORDERS

The Contractor will receive notification from designated DEA personnel when services will be required. The Contractor shall report to the specified DEA office and receive a briefing on the required activities. The Contractor shall have the minimum number of personnel and vehicles as specified in the written notice/task order assembled prior to the briefing. The Contractor’s personnel shall travel to DEA one or more sites identified in the Place of Performance clause, load bulk marijuana and other incidental controlled substances, and travel to the destruction facility, as specified in the written notice/task order.

DEA will provide a point of contact at one (1) or more of the specified pickup locations. The Contractor’s vehicle(s) to be used for each pickup shall be identified by license’s plate number and exterior description. Contractor shall provide this information via telephone/or email to the point of contact at the DEA location (prior to bulk marijuana and other incidental controlled substances pick-up prior to transportation for destruction.

The Contractor shall also appoint a LTSO (Guard II) of its personnel responsible for the coordination of planning, loading, accountability, chain of custody, security, transportation, vehicle unloading, and documentation. Contractor shall identify TSO (Guard I) to the point of contact at the location for the bulk marijuana and other incidental controlled substances pick-up prior to transportation.

At the loading site, the TSO (Guard I) shall be strictly held to an established transfer process to maintain evidentiary chain of custody. The TSO (Guard I) shall collect all reports, including custody receipts, at the loading site. The TSO (Guard I) shall not accept any bulk marijuana and other incidental controlled substances or assume responsibility if there is any discrepancy in the documentation or item count. . The TSO (Guard I) shall sign a DEA-12 (Exhibit 3, Receipt for Cash or Other Items), which will be provided by the Government’s point of contact, when receiving bulk marijuana and other incidental controlled substances from a DEA facility.

When the Contractor is required to load, transport, and unload at the DF, the Contractor’s personnel shall report to the DEA office and receive a briefing for the day’s activities. When the Contractor travels to the DF, one DEA Special Agent will accompany the Contractor’s personnel and one additional DEA witness (or officer of another law enforcement agency). DEA will maintain custody of the bulk marijuana and other incidental controlled substances until its destruction at the DF. The Contractor’s personnel shall load, provide mobile security, remove outer wrappings from bulk marijuana and pharmaceuticals, unload and provide perimeter security at the DF. The DEA Representative will obtain a list of the Contractor’s personnel present and release the Contractor’s personnel when the destruction is completed. A DEA Representative will certify the destruction of the bulk marijuana and other incidental controlled substances by the DF.

C.12 CONTRACTOR INSURANCE REQUIREMENTS

• Workers compensation in the amount to satisfy applicable state law

15DDHQ20R00000004 Page 21

• Employers liability

• Comprehensive general liability

C.13 SECURITY

The personnel security access level for this contract will be Sensitive But Unclassified (SBU).

Only U.S. citizens, by birth or naturalized, shall be permitted to perform services on this contract. Under no circumstances shall contractors have access to classified information or classified information systems. The risk level associated with this contract is "High" and the personnel working on this contract effort must undergo the appropriate background investigation or be issued a waiver by the Office of Security Programs, Personnel Security Section (ISR) prior to commencing work on this contract. ISR will conduct a suitability review on all contractor personnel. A final suitability determination will come from ISR on contractors requiring access to DEA facilities, systems, or SBU material. The security clause applicable to this contract is DEA-2852.204-83 (October 2015).

C.14 PERIOD OF PERFORMANCE

The period of performance is one base year and four consecutive option years beginning effective date of contract.

Throughout the life of the contract at specified intervals, vendors shall submit information identifying those employees supporting DEA efforts in accordance with DEA Provision titled:

Contractor Personnel Reporting Requirements (CPRR). The CPRR will be provided to the vendor upon award of the contract.

(End of Section C)

15DDHQ20R00000004 Page 22

SECTION D – PACKING AND MARKING

D.1 DEA-2852.247-70 GENERAL PACKAGING AND MARKING

REQUIREMENTS (MAY 2012)

Packaging and packing for all items (includes written materials, reports, presentations, etc.)

delivered hereunder shall be in accordance with common commercial practices, adequate to insure protection from possible damage resulting from improper handling, inclement weather, water damage, excessive heat and cold, and to insure acceptance by a common carrier for safe delivery to its final destination.

All deliverables shall clearly indicate the purchase order number, contract number and task (delivery) order number on or adjacent to the exterior shipping label.

(End of clause)

(End of Section D)

15DDHQ20R00000004 Page 23

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the cl'\use at FAR "52.252-2 CLAUSES INCORPATED BY REFERENCE" in Section I of this contract. See Section 1.1 for internet address to view full text of a clause.

Number Title Date

52.246-4 Inspection of Services—Fixed Price AUG 1996

E.2 INSPECTION AND ACCEPTANCE

Inspection and Acceptance of the supplies or services to be furnished hereunder shall be performed at the Government’s facility by the COR or designee, in accordance with the Inspection clause and any other provisions specified in this contract. The Government reserves the right to conduct tests it deems reasonably necessary to ensure that the supplies or services provided conform in all aspects to the contract specification.

(End of Section E)

15DDHQ20R00000004 Page 24

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the cl'\use at FAR "52.252-2 CLAUSES INCORPATED BY REFERENCE" in Section I of this contract. See Section 1.1 for internet address to view full text of a clause.

Number Title Date

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

F.2 DEA-2852.211-70 PERIOD OF PERFORMANCE (BASE AND OPTIONS) (MAY

2012)

The period of performance of base period of this contract begins on [TBD upon award] and ends [TBD upon award].

Pursuant to clause 52.217-9, Option to Extend the Term of the contract, in the event that the Contracting Officer exercises an option, the period of performance for each option period shall be as follows:

Option Year 1: TBD upon award Option Year 2: TBD upon award Option Year 3: TBD upon award Option Year 4: TBD upon award

The exercise of any options is subject to the availability of funding and the continuing needs of the Government.

(End of clause)

F.3 PLACES OF PERFORMANCE

Locations shall be, DEA offices within the U.S. as designated by the COR or designee.

From Houston Division (includes Houston, TX; McAllen, TX; Laredo, TX; Eagle Pass, TX, Corpus Christi, TX; and Brownsville, TX)

15DDHQ20R00000004 Page 25

El Paso Division (includes El Paso, TX; and Alpine, TX)

Phoenix Division (includes Tucson, AZ)

To:

DF in McAllen, TX (used by Houston Division -- DEA offices located in Houston, TX;

McAllen, TX; Eagle Pass, TX, Laredo, TX; Corpus Christi, TX; and Brownsville, TX);

Houston Division Office may use DF in Pasadena, TX one time a year but may use more often if needed.

DF in Tucson, AZ (used by El Paso and Phoenix Divisions -- DEA offices located in El Paso, TX; Alpine, TX; and Tucson, AZ)

DF in Panama City, Florida may be used if McAllen, TX & Tucson, AZ DFs are not operational.

The Contractor will be required to travel for Destruction events from El Paso, TX to Tucson, AZ.

This contract will cover travel costs that include hotel and per diem. Each event may require up to two (2) business days of work prior to the event to load controlled substances into transportation vehicles. The El Paso Division Team travels from El Paso, Texas to Tucson, Arizona to incinerate drugs that is approximately 360 miles one way approximately four (4) times a year.

The Phoenix Division Team shall perform DF events approximately twice each quarter to Tucson, Arizona. Multiple trips made during the same day are considered one event due to the short distance to the DF.

The Houston Division Office located north of McAllen, TX, will travel approximately one-time a year to use DF in Pasadena, TX, which is approximately20 miles one way. The McAllen DF is used by the McAllen District Office (DO), Corpus Christ Resident Office (RO), Laredo DO, and Eagle Pass RO. All DF travels from the Houston Division Office are considered a one day trip.

In the event that the DF located in McAllen, TX may be non-operational, the McAllen District Office may travel to Panama City, Florida to incinerate drugs which is approximately 997 miles one way. This will be required on rare occasions.

The Destruction event requirements will be determined at the Task Order level.

F.4 HOURS OF OPERATIONS

The Contractor must be located within the local commuting area, to be readily available and briefed within a 24-hour timeframe for each load, if event not on schedule run. The LTSO (Guard II) shall notify TSOs (Guard I) of their burn event schedule for each office.

15DDHQ20R00000004 Page 26

The Contractor’s personnel shall be available and able to perform under this contract Monday through Friday during standard business hours, respective of the time zone in question as stated below:

• Houston burn event hours – 5:00 am to 9:00 pm to allow for a 6 hour commute for the Laredo Office and 4:00 am to 12:00 pm for the McAllen Office and 6:00 am to 6:00 pm for the Brownsville and Corpus Christi Offices.

• Phoenix burn event hours – 7:00 am to 4:00 pm.

• El Paso burn event hours – this office requires TDY for a 5½ hour commute to the incinerator. The day before the burn event is used for travel, and the day after is the burn day. El Paso burn event hours -- 7:00 am to 6:00 pm.

All DEA Offices will require 4-8 hours of loading bulk drugs into vehicles the day prior to the burn event. Additionally, in certain instances, work may be performed beyond standard business hours. In those instances in which the event extends beyond standard business hours, the Contractor will be notified prior to the event. During periods of assignment, the LTSO (Guard II) will coordinate task order objectives with the DEA Task Monitor assigned to the designated DEA Office(s).

In the event that an individual in a position identified herein ceases to perform work under this contract (e.g., through reassignment, transfer, voluntary or involuntary separation/termination), the Contractor shall, by the next business workday assign a replacement who possesses all clearances, training, licenses, certifications, etc., required under this contract to the vacated position. The Contractor shall immediately require the return of and take possession of the departing individual’s DEA building pass, other Government issued credentials or identification, uniform patches and other indicia of association with DEA or with this contract.

The Contractor shall turn these items over to the COR or designee within two (2) business days of the individual’s departure from work under this contract.

F.5 DELIVERABLES

The Contractor shall prepare and deliver, at a minimum, to the COR or designee the following deliverables:

15DDHQ20R00000004 Page 27

Task When To Whom Format Content Performance

Assessment Contact Report

At award COR or designee

Microsoft Word

Designate a CPARS point-of-contact for the IDIQ contract and each task order (total of three) subject to performance assessment reporting

Security Applications for

Contractor Personnel

No later than 30 days after receipt of the application and instructions from DEA

COR or designee

Microsoft Word

Completed security applications for any personnel providing hazardous waste transportation and disposal services including owners and officers of the company.

Permits and Licenses Report

At award COR or designee

Microsoft Word

Business and Corporate licenses required to operate as a commercial security service. If any changes occur, Contractor shall provide updated permits and licenses.

Trained and Qualified Personnel

Report

Prior to personnel starting work and on a quarterly basis

COR or designee

Microsoft Word

Form OF 178 - The names and all necessary documentation of fully trained and qualified personnel for the positions

Security Administrative

Report

Monthly COR or designee and TM

Microsoft Word

Status of the Contractor’s applicants seeking DEA security; the status of all security clearance packages;

dates the packages were submitted; dates security…