SOW FINAL JOINT BUFFALO RANGE BPA .pdf

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations

Area Port of Buffalo-Niagara, NY

Statement of Work

Firearms Facility Services

Blanket Purchase Agreement

1. BACKGROUND

The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), Buffalo Field Office (BFO), Area Port of Buffalo-Niagara, NY, has an immediate requirement for use of a weapon firing range located in the Buffalo- Niagara metro area for up to nine (9) offices within various components of DHS.

All DHS Officers authorized and issued appropriate credentials and permitted to carry firearms must maintain at least the minimum level of marksmanship and re-qualify multiple times a year.

Currently, the Area Port of Buffalo-Niagara, NY does not have a Government-owned firearms facility and must utilize contractor-operated firearms facilities to comply with the firearms training requirements. The Area Port of Buffalo-Niagara, NY requires an appropriate outdoor and/or indoor commercial firearms facility for weapons qualification and administrative training.

2. SCOPE

The purpose of this requirement is to establish a Blanket Purchase Agreement (BPA) to provide a local indoor and/or outdoor firing range facility that will effectively support firearms training and Less-Lethal Instruction (LLI) recertification programs in the Buffalo-Niagara metro area.

The range will need to accommodate qualifications for up to 2,100 DHS Officers on a quarterly basis for up to 9 offices within various components of DHS.

In recognition of general industry business hours and costs throughout the region, DHS/CBP seeks exclusive range rentals during latent capacity outside typical business hours. Those hours shall be Monday-Friday from 0800-1200 and Monday-Thursday from 2000-2400, while only renting separate administrative spaces for LLI between those times away from any public-facing retail spaces.

DHS/CBP is also seeking various options (see Section 4.3) that may be exercised at any time during the period of performance.

3. APPLICABLE DOCUMENTS

1. The Federal Acquisitions Regulations (FAR): http:// www.acquisition.gov/FAR/

2. Code of Federal Regulations (CFR): http://www.gpoaccess.gov/cfr/index.htm

3. Homeland Security Acquisition Regulation (HSAR):

http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquistion-regulation-0606.pdf

4. Federal Acquisition Regulations (FAR) Part 24, Protection of Privacy and Freedom of Information:

https://www.acquisition.gov/dars/dars-part-24-protection-privacy-and-freedom-information

5. CBP Use of Force Policy Guidelines and Procedures Handbook, January 2021 http://www.acquisition.gov/FAR/ http://www.gpoaccess.gov/cfr/index.htm http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquistion-regulation-0606.pdf https://www.acquisition.gov/dars/dars-part-24-protection-privacy-and-freedom-information

(concerning firing range training)

6. Public Law 91-596 (Occupational Safety and Health Act (OSHA)

7. OSHA 29 U.S.C. § 651 et seq. (Federal, State and Local laws for Health, Safety and Environmental Requirements)

4. SPECIFIC TASKS

The Contractor shall provide a firing range(s) and training area(s) that at all times meets, or exceeds all applicable federal, state and local requirements including all health, safety and environmental requirements. See e.g., OSHA 29 U.S.C. § 651 et seq., including all applicable regulations, rules, and standards established there onto pertaining regarding standards for safety, health, noise, and air & water quality. The Contractor’s firearms facility shall meet the following requirements:

4.1 Range Requirements

4.1.1 The location of the Contractor’s firing range facility shall be within a 35-mile radius of 726 Exchange Street, Suite 400, Buffalo, New York 14210. The firing range facility shall be large enough to accommodate up to 2,100 DHS Officers on a quarterly basis for up to nine (9) offices within various components of DHS.

4.1.2 DHS/CBP designated personnel will be the only persons permitted to use the required spaces during scheduled hours, as outlined in Section 4.4. When not utilized by DHS/CBP personnel, the ranges will be available to the public as deemed appropriate by the Contractor provided that: (i) the Contractor strictly controls lead exposure at all times, (ii) prohibits all shooters from using leaded ammunition on the indoor range designated for use by DHS/CBP, and

(iii) prohibits all shooters from using all indoor administrative (e.g., LLI, classroom(s)) spaces provided to the Government after firing leaded ammunition. If the facility has multiple classroom/administrative spaces, then Government spaces shall be private and away from public view with separate entrances.

4.1.3 Shooters must be capable of engaging targets at variable distances on ranges from at least

(i) 1.5 to 25 yards for pistols and (ii) up to 50/100 yards for rifles depending on target size/system.

Ranges must be within 200 yards of administrative/classroom spaces for LLI and simulator training. DHS/CBP is self-insured and will provide all range instructors and safety officers during hours of use, typically qualifying between 8-16 shooters in a 4-hour block including weapons maintenance.

4.1.4 Firing Range Facility Configurations

Offerors may propose an indoor and/or outdoor firing range in accordance with the technical specifications outlined below.

4.1.4.a Outdoor Range Facility

If an Outdoor Range Facility is proposed, the Contractor shall provide a walkable, 50/100-yard outdoor Firing Range facility that is capable of accommodating up to .50 caliber ammunition and compressed Air Launchers (e.g., Pepper ball Launching System and/or FNH FN303 Mk2 Less Lethal Launcher). The range shall be at least 40 yards wide to accommodate eight (8) firing lanes of five (5) feet each with a suitable target system for each lane. The range ground shall be well-maintained and devoid of hazards.

The ground shall be paved, gravel, or short grass not to exceed four (4) inches in height.

The outdoor facility shall have a suitably covered, outdoor, patio area (approximately 40’ x 40’) with movable bleachers or picnic table seating for 25 adults and ground space for outdoor, covered less-lethal instruction and weapons cleaning. Alternatively, suitable clean indoor spaces of similar size may be provided nearby on the premises that conform to indoor spaces requirements outlined below.

4.1.4.b Indoor Range Facility

If an Indoor Range Facility is offered, the Contractor shall provide two ranges: (i) a 100% lead-free, walkable 25-yard pistol range capable of accommodating frangible ammunition of all mainstream handgun calibers (e.g., 9mm, 40mm, .45 ACP) and frangible 5.56mm rifle rounds, and (ii) a walkable, 50-yard range that is capable of accommodating up to 7.62mm rifle rounds with strict lead abatement controls that meet or exceed OSHA standards. Both ranges shall be a minimum of about 30 feet wide to accommodate at least six (6) firing lanes of five (5) feet each with a suitable target system for each lane. The range ground shall be well-maintained and devoid of hazards.

(1) Firing Positions and Corresponding Targets: Corresponding numbers shall identify all firing positions and corresponding targets.

(2) Firing Range Lighting: Lighting levels on the firing range shall be variable intensity controllable to allow for multiple levels of training under variable lighting conditions from complete darkness to high intensity daylight.

(3) Firing Range Ventilation System: The firing range ventilation system shall utilize 100% external (outside source) circulation for air ventilation, maintaining a constant negative pressure on the firing lines in relationship to adjacent areas. The 25-yard range designated for DHS/CBP use as 100% lead-free shall have its own isolated ventilation system.

(4) Indoor Lead-Free 25-yard Range: The Contractor’s indoor 25-yard range that is designated for use by DHS/CBP shall be “lead-free” prohibiting use of lead ammunition from all sources. This includes any associated control room. The Contractor shall require all shooters on this range to use only lead-free, frangible ammunition at all times regardless of whether DHS/CBP personnel are at the facility or not. The Contractor shall isolate other ranges and space for use with leaded ammunition at the facility, including associated ventilation systems, from the designated lead-free range and all administrative/LLI spaces used by DHS/CBP.

(a) When required for DHS surge operations, the Contractor shall permit the use of the 25-yard range without additional charge starting at any time as coordinated with the Contractor, provided members of the public are not shooting on the designated lead-free range.

(b) The Contractor shall provide and maintain acceptable administrative controls mitigating the transfer of lead and copper (e.g., sticky matts, monthly surface lead test wipes, signage, physical barriers) as detailed in Contractor’s QCP.

(c) The Contractor shall clearly post appropriate signage on the designated range as “Lead-free, Frangible Ammo Only.”

(5) Indoor 50-yard Range: The 50-yard range and any associated control room shall be suitable for conducting DHS/CBP training and qualification requirements (e.g., low-light, movable targets to 3-, 7-, 15-, and 25-yard lines). When required for DHS surge operations, the Contractor shall permit the use of the 50-yard range starting at 0600-1200 Monday through Friday. However, any DHS/CBP use of the 50-yard range during normal range business hours (e.g., Monday – Friday 1200- 2000) shall be charged to the using agency at full retail price per lane, per hour.

4.1.5 Collection of Spent Shell Casings (Brass). The Contractor shall provide appropriate spent brass and debris bins that are well-maintained while ensuring proper disposal for the same. Bins shall be always neat, stored away from any DHS/CBP training spaces and ventilation systems, and emptied in a timely manner.

4.1.5a For indoor range(s), the spent shell casings shall be removed by the users with a HEPA vacuum provided and maintained by the Contractor and dedicated specifically for brass cleanup.

4.1.5b The Contractor shall ensure that indoor ranges are policed, and HEPA vacuumed—not swept—prior to DHS/CBP evening shift use at 2000 hours and prior to close of public business on weekends. DHS/CBP Firearms Instructors shall be responsible for ensuring that the indoor range used by DHS/CBP is policed and vacuumed after each DHS/CBP use.

4.1.6 Weapons Cleaning Area. The Contractor shall provide a minimum of a 10 x 10 feet weapons cleaning space that is appropriately ventilated. The Contractor shall provide a solvent tank, stainless countertops, and separate hazmat storage areas that are appropriately marked and maintained with the weapons cleaning area. If equipped with indoor solvent tank(s), the space shall have negative pressure exhaust duct and an OSHA-approved hazmat flammable cabinet for weapons cleaning chemicals.

4.1.7 Access to Portable Drinking Water. The Contractor shall provide access to point-of-use (POU) filtered drinking water designed to meet National Sanitation Foundation (NSF) -53 standards (or equivalent), including bacterial removal, which will help control legionella risks.

Design guidance for POU filtration devices can be found in EPA’s Membrane Filtration Guidance Manual (USEPA, 2005c). Additional guidance on operation and maintenance for POU treatment devices, including examples of maintenance logs, can be found in EPA’s POU Treatment Options for Small Drinking Water Systems (USEPA, 2006d). A detailed maintenance log should be kept for each system, based on the state’s requirements, if any. The Contractor shall prohibit eating indoors.

4.1.8 Climate Controls. All indoor administrative spaces shall be climate controlled between 65- and 72-degrees Fahrenheit.

4.1.9 Emergency Equipment. The Contractor shall provide readily accessible safety equipment, such as AED(s), Eye Flush Station(s), First Aid, telephone line for 911 Emergency Services, etc., as well as fire suppression equipment in accordance with local regulations. The firing range shall be equipped with two (2) eye wash stations and an emergency full body wash stations that are easily accessible from the weapons firing area. One shall be located within the firing area/ weapons cleaning area and the other near the LLI area. A full body wash station/shower shall be maintained by the Contractor.

4.1.10 DHS/CBP Instructors. The Government will always provide their own certified Range Safety Officers and Range Instructors while the facility is in use by DHS.

4.1.11 DHS/CBP Signage. The Contractor shall install and ensure that the range “firing in progress” signs are posted, and cables are on the bollards blocking the room/road access during all firing operations to include blank ammunition, where applicable. Exclusive government spaces and lead-free zones shall be appropriately marked by the Contractor.

4.2 Administrative and Training Space Requirements

4.2.1 Clearly Marked DHS/CBP Training / Office Spaces. All spaces below shall be clearly marked “DHS” and off limits to the public unless otherwise noted.

4.2.2 Primary Multipurpose Room with Secure Storage. The Contractor shall provide one

(1) finished, training room of approximately 500-900 industrial sq ft. with moveable tables and chairs seating 25 adults used for classroom and less-lethal instruction. This temperature-controlled room must have a minimum of six (6) 120-volt electrical outlets and appropriate lighting, projector, and screen/white board.

4.2.2.a The room shall be private and available for Government use Monday – Thursday 1200-2000, and on Fridays 1200 - 1600. If the room is used by the public outside of DHS/CBP hours, then the Contractor shall prohibit all non-DHS/CBP users from using this room after firing any leaded ammunition.

4.2.2.b The walls shall be finished, painted, reinforced, and have neat gym-style padding to prevent injury and structural damage to the facility. The flooring shall be epoxied cement or “Lifeproof” hardwood-style tiling and always kept clean. The Offerors shall propose a cleaning schedule in the Quality Control Plan.

4.2.2.c The Contractor shall provide an adjacent secure storage area of ~80 sf. for DHS/CBP-supplied LLI floor mats and cleaning supplies.

4.2.3 Simulator Room. The Contractor shall provide one (1) secure, climate-controlled room (approximately 625-900 industrial sqft., minimum 25’ x 25’) exclusively to DHS/CBP for VirTra 300 simulator training. See VirTra Simulated Training | Law Enforcement Shooting Simulator. This access-controlled room shall be finished and have a minimum of two (2) 120-volt one and (1) 220-volt electrical outlets plus dimmable lighting. The room shall be private and available only to the Government for use at DHS/CBP discretion. The Contractor shall prohibit all non-DHS/CBP users from accessing this room unless a mutual written agreement is executed by the Contracting Officer allowing the Contractor to use Simulator for commercial purpose with appropriate consideration rendered to the Government. The Virtra simulator shall be Government furnished, installed, and operated equipment unless otherwise agreed to.

4.2.4 DHS/CBP Instructor Office. The Contractor shall provide separate private office space of a minimum of 80 industrial sq ft. for instructors on the premises with secure wireless WiFi and standard 120-volt electrical outlets while DHS/CBP are at the facility. The Government will provide furnishings if unfurnished.

4.2.5 Storage Areas. For an indoor facility, the Contractor shall provide a minimum of two

(2) secure DHS/CBP storage spaces of approximately 10’ x 10’ for CBP target supplies at the facility. Alternatively, the Contractor shall provide level outdoor spaces for up to four (4) 10’X10’ Government-furnished Conex boxes to be stored on the premises under Contractor’s video surveillance.

For illustration purposes only https://www.virtra.com/ https://www.virtra.com/

4.3 Contract Options

The options below may be exercised at the discretion of the Government at any time under the scope of this BPA. The Contracting Officer may exercise these options by written notice to the Contractor.

4.3.1 Optional Simunitions Shoot House Rental. The Contractor may offer an option for a simunitions shoot house option of approximately 1,000 industrial sqft. that may be exercised at any time during the period of performance. See e.g., FlexTact Movable Walls: Non-Lethal Live Fire Shoot Houses (hufcoramericas.com); Kits - Simtek Modular; and Mobile Modular Shoot House (MMSH) | Kontek Industries. The shoot house may either be indoor or covered outdoor, and include a staircase and elevated viewing platform or window option along with engineering controls (e.g., clearing barrels, gun lockers, warning systems) to help prevent use of live ammunition.

4.3.2 Optional VirTra 300 Simulator Rental. The Contractor may offer an option for renting a VirTra 300 Simulator, or equivalent, for use by the Government in lieu of it being Government-furnished equipment at any time. A Contractor-provided VirTra may be used by the Government, who will have first scheduling rights and may allow limited, occasional use to non-federal employees on official business (e.g., media reporters) for demonstration/public-relations purposes, which will be billable to the Government. A Contractor-provided VirTra may be used at any time not being rented by the Government, as deemed appropriate by the Contractor.

4.3.3 Optional Second Multipurpose Room. The Contractor may offer an option for a second climate-controlled, multi-purpose room of approximately 500-900 industrial sq ft. with moveable tables and chairs seating 27 adults used for classroom and less-lethal instruction. The room shall present a professional office appearance and have at least three monitors, two of which can be wired remotely to computer(s) and the third used as a television to receive news.

See diagram at inset. The multipurpose room may be used as a modular conference room, award room, classroom, and/or emergency operations center. The room must have electrical power for each workstation when configured and secure wireless Wi-Fi.

For illustration purposes https://www.hufcoramericas.com/post/flex-tact-movable-walls-non-lethal-live-fire-shoot-houses https://www.hufcoramericas.com/post/flex-tact-movable-walls-non-lethal-live-fire-shoot-houses https://simtekmodular.com/kits/ https://www.kontekindustries.com/shoot-house https://www.kontekindustries.com/shoot-house

4.3.4 Optional Multiuse Vehicle Garage / Training Area. The Contractor may offer an option for use of a vehicle garage bay to house two or more Bearcat style vehicles with sufficient staging area. This area shall be off limits to the public but may be shared with the Contractor unless otherwise agreed upon.

4.3.5 Optional Secure Ammunition Storage Area. The Contractor may offer an option for a secure, alarmed storage space of approximately 100 industrial sq ft. Video surveillance shall be required.

4.3.6 Optional Indoor 50-yard Range Use during Normal Business Hours. The Contractor may offer an option for an indoor 50-yard Range Use during normal business hours. When required for DHS surge operations, the Government will exercise the use of this option of the indoor 50-yard range during normal business hours (e.g., Monday – Friday 1200- 2000). The Contractor shall charge the using DHS component office at full price per lane per hour. See Paragraphs 4.1.4b(5) above and 4.5.2b below.

4.4 General Facility Requirements

4.4.1 The Contractor shall maintain all necessary federal, state, and local licenses and permits necessary to operate the facility.

4.4.2 The facility shall have ample public parking for at least 26 vehicles and equipped with a minimum of two ports of Level 2 Electric Vehicle Supply Equipment (EVSE) at 19.2 KW each.

The Contractor may charge a one-time installation service charge at cost minus all eligible government rebates, if not already installed. The EVSE shall be operational within six (6) months of award and provided at no monthly cost to DHS/CBP.

4.4.3 The Contractor shall provide clean, potable water at all facets and detail their water quality controls against legionella and other hazards in their Quality Control Plan. The Contractor shall provide clean indoor restroom facilities, or portable outdoor restrooms, with

For illustration purposes only sinks to include toilet paper, soap, trash bins, feminine napkin dispenser in female restroom, and paper towels. Blow-dryers are not acceptable due to increased lead hazard.

4.4.4 Janitorial Services of Indoor Areas and Toilets

4.4.4.a Room Cleaning. The Contractor shall clean all rooms and collect solid waste daily in corridor space adjacent to rooms and reception desks. The Contractor shall dust horizontal surfaces and spot clean rugs and other external surfaces as necessary. The Contractor shall shampoo rugs every six months. The Contractor shall strip/wash floors every three (3) months.

4.4.4.b Toilet Rooms/Portable Toilets with Sinks. The Contractor shall clean all fixtures, floors, and surfaces, refurbish supplies, and collect solid waste daily.

4.4.4.c Drinking Fountains. The Contractor shall maintain clean, filtered drinking fountains daily.

4.4.4.d Entrances, Main Lobbies, Corridors, and Stairways. The Contractor shall police these areas everyday. The Contractor shall vacuum floors every two days with HEPA compliant device. The Contractor shall strip/wax bare floors and shampoo rugs every three months.

4.4.4.e Elevators, Loading Areas, Garage, Range. The Contractor shall police the interior daily. The Contractor shall clean interior surfaces twice weekly. The Contractor shall thoroughly vacuum floors every two days with HEPA compliant device. The Contractor shall wash/strip/wax floors every 3 months.

4.4.5 The Contractor shall provide a level outdoor space for up to four (4) 10’ x 10’ Government-furnished Conex box(s) to be stored on the premises under the Contractor’s video.

4.4.6 The Contractor, at its own expense, shall provide snow and ice removal services for the facility. Removal services are required for the parking lot and parking spaces. The Contractor shall also clear sidewalks, walkways, and other entrances and keep them free of ice and snow.

Ice melt shall be used at the Contractor’s expense when reasonably necessary. Removal services shall be addressed in the Contractor’s QCP.

4.4.7 No Loitering. To the greatest extent possible, both the Government and the Contractor shall limit loitering of DHS/CBP personnel in retail spaces open to the public. The Offerors shall provide mitigation strategies (e.g., separate DHS/CBP entrance, engineering controls/space layouts, signage) for separating DHS/CBP administrative/ LLI spaces from retail space and ranges used by public in their proposal.

4.4.8 The Contractor shall provide and keep alarm and/or video surveillance of indoor reception and parking areas for a minimum of 7 days.

4.5 Scheduling & Access Requirements

4.5.1 General Hours of DHS/CBP Use. The Contractor shall ensure that DHS/CBP designated personnel will be the only persons permitted to use the contracted range spaces during scheduled hours when given one (1) week notice.

4.5.2 Range Scheduling. The Contractor shall ensure that the required firing range is available to DHS/CBP during the range block (see 4.5.2a) specified at the BPA call order level. The Contractor shall be responsible for maintaining a master schedule for its facility, and for coordinating the internal scheduling of various DHS entities within the contracted “blocks” of use in accordance with Appendix A, the DHS/CBP Master Schedule. (Appendix A is applicable to proposals offering indoor ranges only, as outdoor ranges are assumed to have multiple venues that may meet the Government’s needs.) CBP OFO will be the Contractor’s main point of contact for all scheduling conflicts between DHS component offices.

4.5.2a A “range block” is defined as use of any range for four (4) consecutive hours during the hours of: (i) 8:00 AM to 12:00 PM, Monday through Friday, or (ii) Monday through Thursday during the hours of 08:00 PM to 12:00 midnight. This is designed to economically use latent capacity when the facility is otherwise closed to the public.

4.5.2b As noted in Paragraph 4.1.4b(5), any DHS/CBP use of an indoor 50-yard range during normal range business hours (e.g., Monday – Friday 1200- 2000) will be charged to the using DHS component office at full retail rates per lane per hour. The Contracting Officer may exercise this option by written notice to the Contractor at the BPA call order level.

4.5.3 LLI/Administrative Space Scheduling. Indoor administrative and classroom spaces leased to DHS/CBP shall be accessible and open to the Government at all times. These spaces shall be climate controlled and used in accordance with Appendix A, DHS/CBP Master Schedule, during the hours of 12:00 PM to 08:00PM, Monday through Friday. Each DHS/CBP office will ensure that instructor spaces are cleared after each use. The spaces shall be treated as a shared DHS “hoteling” space to be used during each component’s block time.

4.5.4 The Contractor shall allow DHS/CBP use of the facility to conduct law enforcement training, together with the necessary rights of ingress and egress to the facility as set forth in this

SOW.

4.6 Contractor Personnel

4.6.1 Qualified Personnel

The Contractor shall provide qualified personnel to perform all requirements specified in this

SOW.

4.6.2 Continuity of Support

The Contractor shall ensure that the contractually required level of support for orders under this BPA is maintained at all times. The Contractor shall ensure that all contract support personnel are present in the BPA order. If for any reason the Contractor staffing levels are not maintained due to vacation, leave, appointments, etc., and replacement personnel will not be provided, the Contractor shall provide e-mail notification to the COR prior to employee absence. Otherwise, the Contractor shall provide a fully qualified and cleared replacement.

4.6.3 Key Personnel

Before replacing any individual designated as "Key" by the Government, the Contractor shall notify the Contracting Officer no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the "Key" person being replaced, unless otherwise approved by the Contracting Officer. The Contractor shall not replace "Key" Contractor personnel without providing notification and receiving approval from the Contracting Officer and COR. The following Contractor personnel are designated as "Key" for this requirement.

Note: The list of Key Personnel may change based on the BPA order and the needs of each component or program. The Government may designate additional Contractor personnel as "Key" or reduce the amount of Key Personnel at the time of award.

The Contractor shall provide the resume for Key Personnel with proposal submission who meet the requirements below:

Administrative Services and Facilities Manager

The Contractor shall provide an onsite Administrative Services and Facilities Manager, who shall be responsible for all services performed under this BPA to include, but not limited to, workplace safety and maintenance. The Administrative Services and Facilities Manager shall be the single point of contact for the Contracting Officer and the COR. It is anticipated that the Administrative Services and Facilities Manager shall be a senior level employee provided by the Contractor for this work effort. The name of the Administrative Services and Facilities Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Administrative Services and Facilities Manager, shall be provided to the Government. The Administrative Services and Facilities Manager is further designated as "Key" by the Government. During any absence of the Administrative Services and Facilities Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this BPA.

The Administrative Services and Facilities Manager shall be available to meet the designated Government personnel in person within 30 minutes between the hours of 8:00 AM and 5:00 PM ET, Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within 24 hours of notification. After normal working hours, the

Administrative Services and Facilities Manager, or alternate, shall be available within 30 minutes via phone, in person, or email.

The Administrative Services and Facilities Manager shall keep track and have record of all orders placed against the BPA and be prepared to provide this information to the BPA Contracting Officer or COR at any time.

Applicable order information shall include:

1. Order number; 2. Order description; 3. Order value; 4. Tasks from the BPA used on the order;

5. Order deliverables; 6. Order period of performance; and 7. Order level Government POC (e.g.

Contracting Officer and COR).

The Administrative Services and Facilities Manager shall have the following skills:

• A minimum of 5 years of direct experience in administrative services and facilities management

• Demonstrated expertise in managing and coordinating range schedules, events, and training programs

• Demonstrated expertise in range safety, management, maintenance, and repairs

• Demonstrated expertise in maintaining records and reports, and ensuring compliance with all regulations and policies

• Demonstrated expertise in conducting safety inspections and implementing corrective actions

• Demonstrated expertise in supervising range staff and ensuring safe shooting practices and enforcing range rules

• Possess analytical, assertive, creative, and effective problem-solving skills

• Possess excellent communication skills, both written and verbal

• Possess ability to read, write, speak, and understand English fluently

• Demonstrated capability to work independently to resolve complex issues

• Possess all the skills required for an Administrative Services and Facilities Manager

4.7 Other Contractor Personnel

The Contractor shall not employ persons for work on this contract if such employee is considered by the Contracting Officer to be a potential threat to the health, safety, security, general well-being, or CBP mission. The Contractor shall submit a list of onsite contractor employees to the Contracting Officer and COR in writing via email for vetting 14 days before starting work at facility to ensure the onsite contracted employee passes a favorable National Agency Check

(NAC).

4.7.1 Contractor personnel to include janitorial staff shall present a neat appearance and be easily recognized as contractor employees. The contractor must require all employees, including supervisors, to wear distinctive uniform clothing, which must have the contractor’s name easily identifiable and affixed in a permanent or semi-permanent manner such as a badge or monogram.

4.7.2 The Contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The Contractor shall maintain the currency of their employees by providing initial and refresher training as required to meet the SOW requirements, especially safety and facility maintenance. The Contractor shall provide necessary infrastructure to support contract tasks, and provide administrative support to employees in a timely fashion (e.g., time keeping, leave processing, pay, emergency needs).

4.7.3 Employee Identification

All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

4.7.4 Contractor Employee Conduct

Contractor employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, "off limits" areas, and possession of weapons). The Contractor shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or DHS. The BPA Contract Manager shall ensure Contractor employees understand and abide by DHS established rules, regulations, and policies concerning safety and security.

4.7.5 Removing Contractor Employees for Misconduct or Security Reasons

The Government may, at its sole discretion (via the Contracting Officer), direct the Contractor to remove any Contractor employee for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract.

The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

4.8 Post Award Conference

The Contractor shall attend a Post Award Conference with the Contracting Officer and the COR no later than 5 business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this BPA. BPA order post award conferences may be required and will be addressed in the BPA orders.

4.9 Quality Control Plan

The Contractor shall maintain an approved Quality Control Plan (QCP) that will provide the basis for the Government to evaluate the quality, accuracy and timeliness of Contractor performance.

The plan shall outline the Contractor team with responsibility for the development and implementation of an appropriate and effective quality control program. Additionally, the QCP shall demonstrate how the Contractor will monitor program activities and assist detecting, isolating, preventing and correcting deficiencies in a timely manner within BPA order cost constraints. All resources, schedules, policies, standards, processes, procedures, tools, and records used to perform quality assurance activities shall be listed in the plan. The QCP shall also describe how the facility will be inspected for all maintenance (including grounds maintenance and water quality), janitorial, and safety matters. DHS/CBP will have the right to pre-occupancy inspections. The draft QCP is due with proposal submission and the final QCP is due 10 calendar days after contract award.

4.9.1 The inspection system shall cover all OSHA safety requirements published in regulation plus range maintenance schedules and janitorial services stated in the contract. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. For example, the QCP may address filter logs; surface lead wipe checks; safety walk throughs, spent brass removal and janitorial schedules; frequency of airflow, air quality, surface contamination, and noise testing; lead engineering and administrative controls; water quality; etc. The Contractor’s QCP shall ensure performance of work required under this SOW complies with the requirement of the BPA and all OSHA safety standards. The finalized QCP must be accepted by the Government prior to award.

4.9.2 The Contracting Officer may notify the Contractor of required modifications to the QCP during the period of performance. The Contractor shall coordinate suggested modifications and obtain acceptance of the updated QCP by the Contracting Officer. Any modifications to the program during the period of performance shall be provided to the Contracting Officer for review no later than 10 working days prior to effective date of the change. The QCP shall be subject to the Governments review and approval. The Government may find the QCP "unacceptable" whenever the Contractor’s procedures do not accomplish quality control objectives. The Contractor shall revise the QCP within 10 business days from receipt of notice that QCP is found "unacceptable."

5. DELIVERABLES / MILESTONES AND DELIVERY SCHEDULE

5.1 Delivery Schedule

The following table specifies the delivery schedule for the Deliverables (D) / Milestones (M) under this BPA. See Section 10.6 for Government Acceptance regarding the acceptance / rejection of a deliverable.

SOW

Reference Deliverable Title Delivery Time Frequency

4.1.1 Firing Range Facility (M): The firing

range facility shall be within a 35-mile radius of 726 Exchange Street, Suite 400, Buffalo, New York 14210

Ongoing throughout life of BPA

Ongoing throughout life of

BPA

4.6.3 Key Personnel Resume (D) Submitted with Proposal Prior to working on this contract

4.8 Post Award Conference (M) Within 5 business days of

effective date of contract

Once

4.9 Quality Control Plan (Draft) (D)

Quality Control Plan (Final) (D)

Submitted with Proposal

10 calendar days after effective date of contract

Once

Once

10.4.1 Pre-occupancy Inspection

Certification, if applicable (D)

Within 30 calendar days of contract award and prior to first occupancy

Once

10.4.2 Annual third-party Compliance

Certification with OSHA standards for lead exposure (D)

Within 1 year from effective date of contract

Annually

Other specific deliverables will be specified at the BPA order level.

6. GOVERNMENT-FURNISHED EQUIPMENT (GFE) & INFORMATION (GFI)

The Government does not anticipate any GFI.

GFE shall not be commingled (intermixed) with Contractor-owned or private patron-owned property. The Government shall provide the following GFE:

• Instructor Office Furniture and laptops.

• Weapons, ammunition, and weapons cleaning supplies other than solvent tanks.

• Target Supplies including targets, backings, pasties, staplers, etc.

• Personal Protective Equipment.

• Furnishings for instructor office and multipurpose room(s)

• Moveable floor mats for LLI and associated cleaning supplies for multipurpose room.

• Virtra Simulator and simulator control desk and chairs unless Contractor Option is accepted.

• CBP will provide sticky floor mats to be placed at all indoor range spaces used by

DHS/CBP to help control the spread of surface contaminants from one area to the next.

• Conex boxes, as required.

7. PLACE OF PERFORMANCE

The place of performance shall be at the Contractor’s facility.

8. PERIOD OF PERFORMANCE

The period of performance includes a base year from the date of award, and four option years.

9. SECURITY

All contractor personnel who observe DHS/CBP training or who require access to law enforcement sensitive information shall have at a minimum a favorable NAC. The clearance level and any additional security requirements will be specified at the BPA order level.

10. SPECIAL CONSIDERATIONS

10.1 Changes to the SOW

No changes to this SOW or cost increases shall be incurred without written prior approval of the Contracting Officer as coordinated by the COR. Any changes or cost increases will not take effect until the Contracting Officer executes a written modification.

10.2 Travel

Travel is not anticipated to support the tasks identified in this SOW but will be specified at the BPA order level.

10.3 Safety

The Contractor and its subcontractors, if applicable, shall comply with Public Law 91-596 (Occupational Safety and Health Act (OSHA)). These requirements shall be incorporated into the contractor’s safety and health QCP.

10.4 Mishap Notification and Investigation

The Contractor and its subcontractors, if applicable, shall promptly report pertinent facts regarding mishaps involving Government property damage or injury to Government personnel and to cooperate in any resulting safety investigation. The Contractor shall notify (via E-mail and telephone) the Contracting Officer, COR, and/or other applicable members within four (4) hours of all mishaps or incidents. The Government person notified by the Contractor will in-turn notify the CBP safety office. Contractor notifications made after duty hours shall be reported to the appropriate CBP contacts via email. If requested by the Contracting Officer, COR, and/or the Program Manager, the Contractor shall immediately secure the mishap scene/damaged property and impound pertinent maintenance and training records until released by the investigating safety office. If the Government investigates the mishap, the Contractor and the subcontractors shall cooperate fully and assist the Government personnel until the investigation is completed.

10.4.1 Pre-occupancy Inspection. Any indoor range facility must provide passing certification of lead abatement/inspection of all proposed DHS/CBP spaces within 30 calendar days of contract award and prior to first occupancy. The contracted industrial hygienist certification must test per OSHA standards for all areas to include airflow, air quality, surface contamination, water quality, and noise standards. The cost of this test is billable to the Government provided results meets or exceeds OSHA standards and that test parameters and costs are approved in writing by the Government in advance.

10.4.2 The Contractor shall provide the COR with proof of annual compliance with OSHA standards for lead exposure tested by acceptable third-party as detailed in Contractor’s QCP prior to Government exercise of any option years. DHS/CBP may fund or perform the industrial hygiene survey of government occupied spaces before exercising options at its sole discretion.

10.5 CBP Occupational Health and Safety will have the opportunity to review Contractor’s range safety reports/maintenance logs to include indoor air quality and vent circulation, and any surface lead testing results without notice. DHS/CBP shall be allowed to test for the same and conduct periodic safety checks.

10.6 Government Acceptance Period

The COR will have five (5) business days to review / comment, accept or reject deliverables prior to acceptance and provide the Contractor with an email that provides documented reasons for non-acceptance. The deliverable is not considered accepted until approved by the COR. If a deliverable is rejected, the Contractor shall make corrections as specified by the COR and resubmit the deliverable for review and approval to the COR within 3 business days at no additional cost to the government. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor may have an opportunity to correct the rejected deliverable and return it per delivery instructions.

All deliverables must also meet the requirements set forth in contractual documentation at the BPA Order levels. Specific acceptance criteria will be included in those individual orders.

Certification by the Government of satisfactory services is contingent upon the Contractor performing in accordance with the terms and conditions of the BPA, this SOW, and subsequent BPA Call Order(s).

10.7 Government Quality Assurance

The COR will monitor Contractor performance and inspect and accept or reject the services as required by the BPA. The COR has the right to audit the Contractor and request an updated copy of the QCP at any time during the life of the contract. Further, the COR will evaluate the contractor’s performance under this BPA using the method of surveillance deemed appropriate.

Unacceptable services will include:

• Failure to adhere to OSHA safety regulations and/or protocols

• Failure to keep maintenance and inspection records.

• Exhibiting a poor level of customer service and professionalism;

• Failure to adhere to security section of this SOW; and

• Contractor staff presents as Federal employee.

10.8 Protection of Information

Although the Government does not anticipate providing GFI, Contractor access to information protected under the Privacy Act will be required under this BPA if GFI is to be provided.

If GFI is provided at the BPA call order level, Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation. The Contractor employees shall safeguard information against unauthorized disclosure or dissemination in accordance with DHS MD 11042.1, Safeguarding Sensitive Unclassified (For Official Use Only) Information. The Contractor shall also ensure that all Contractor personnel having access to business or procurement sensitive information sign a non-disclosure agreement (DHS Form 11000-6).

10.9 Invoicing

In addition to the Payment and Invoice Instructions provisions of this solicitation, the Contractor shall submit for payment, invoice statements by the 10th business day of each month for services rendered the previous month. Invoices are to be submitted electronically via the Invoice Processing Platform (IPP) system (see Paragraph 10.9.2).

At the BPA order level, invoices shall be billed to the individual DHS/CBP component office using the facility. Invoices shall include all fees by line item and be billed monthly after the services are rendered. The COR will review the invoice for accuracy or return it to the Contractor within 7 days for correction. All accepted invoices will be paid within 30 days in accordance with the Prompt Payment Act. Further instructional guidance to be provided at time of the BPA call order award.

10.9.1 The Parties agree that all fees will be known and agreed to at the time of facility usage per the terms and conditions of the BPA award. Any fees paid by the Government constitute that agency’s willingness to have a well-maintained training venue and at no point will any fees paid constitute any ownership, control or unquestioned right to future use of the Facility.

10.9.2 Invoices shall be electronically transmitted through the U.S. Department of Treasury’s IPP. Invoices will contain a legible copy of the daily receipt of services signed by the DHS/CBP using office. Invoices for range fees without a signed receipt will not be paid. Acceptable receipts of service may include photo of signed logbook entries or as outlined in Contractor’s proposal and accepted by the Government prior to contract award. In addition, invoices must also include the following:

• Company name, telephone, taxpayer’s identification number and complete mailing address

• BPA Call Order number

• DHS/CBP Component Office

• Unit price and total amount of each Contract Line-Item Number (CLIN)

10.9.3 Indoor LLI/Administrative Space. The Contractor shall bill the Government for indoor industrial administrative spaces on a monthly prorated basis (e.g., product of annual fair market value multiplied by square footage divided by 12 months) beginning on the first DHS/CBP use of the BPA within the annual performance period. CBP/OFO shall continue to pay for these spaces regardless of facility usage levels within a billing period. See attached Sample Pricing Sheet.

10.10 Government Points of Contact

Technical POC for proposals prior to award:

Doug Callen 300 Airborne Parkway, Suite 300 Buffalo, NY 14225 Douglas.K.Callen@cbp.dhs.gov

COR:

Mary Szymanski 300 Airborne Parkway, Suite 300

Buffalo, NY 14225 Mary.Szymanski@cbp.dhs.gov

Billing:

OFO Mission Support Supervisor Cara Clary U.S. Customs and Border Protection Area Port of Buffalo (Attn: Mission Support) 726 Exchange Street, Suite 400 Buffalo, NY 14210 cara.m.clary@cbp.dhs.gov

Other Component Offices Billing POCs as required, one per office.

mailto:cara.m.clary@cbp.dhs.gov

Scheduling and CBP Access Key POC:

SCBPO Brian LaRosa

(or as designated in writing by the COR or Supervisor Clary) U.S. Customs and Border Protection Area Port of Buffalo 726 Exchange Street, Suite 400 Buffalo, NY 14210