Clauses and Provisions Training Support R1.docx

A - Solicitation/Contract Form Clauses “System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Additional examples include 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services, and 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (JAN 2025) (Deviation)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] [X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[X ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[ ] (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

[X ] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (6) [Reserved] [ X] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

[X ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

[ ] (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

[ ] (ii) Alternate I (DEC 2023) of 52.204-30.

[ X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved] [ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (17) [Reserved] [ X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-6.

[ ] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-7.

[X ] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C.

637(d)(2) and (3)).

[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9. [ ] (iv) Alternate III (JUN 2020) of 52.219-9. [ ] (v) Alternate IV (SEP 2023) of 52.219-9.

[ ] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). [ ] (ii) Alternate I (MAR 2020) of 52.219-13.

[ X] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[X ] (24) 52.219-16, Liquidated Damages- Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[ ] (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[ ] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[ X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ X] (32) 52.222-19, Child Labor- Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[ ] (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). [ ] (ii) Alternate I (JULY 2014) of 52.222-35.

[ X] (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (JULY 2014) of 52.222-36.

[ X] (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[ X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X ] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

[X ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[ ] (48)(i) 52.225-1, Buy American- Supplies (OCT 2022)) (41 U.S.C. chapter 83). [ ] (ii) Alternate I (OCT 2022) of 52.225-1.

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I [Reserved].

[ ] (iii) Alternate II (JAN 2025) of 52.225-3. [ ] (iv) Alternate III (FEB 2024) of 52.225-3. [ ] (v) Alternate IV (OCT 2022) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

[X ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[ X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

[ ] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[ ] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[ ] (ii) Alternate I (Apr 2003) of 52.247-64.

[ ] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] [ X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[x ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[ X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

[ ] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv) [ ] (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e)of FARclause52.226-6 70LART25RPFB00006 Training Support Services FLETC, Artesia, NM

(End of clause)

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

B - Supplies or Services/Prices

SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule See next page.

The price for each performance period has been split into Firm-Fixed Price (FFP) CLINs and Indefinite Delivery Indefinite Quantity (IDIQ) CLINs. The quantities shown for IDIQ CLINs are considered maximum quantities. The minimum quantity requirement will be fulfilled through the FFP CLINs.

All x007 Not-to-Exceed CLIN prices will be determined by the Government. The not-to-exceed amount will be $50,000 per performance period. This price shall not be included in Offeror’s price proposals as it will not be evaluated.

BASE PERIOD

07/01/2025-09/30/2025

Base Period Firm-Fixed Price CLINs

TOTAL FFP

BASE PERIOD

OPTION PERIOD 1

10/01/2025-09/30/2026

Option Period 1 Firm-Fixed Price CLINs

TOTAL FFP

OPTION PERIOD 1

OPTION PERIOD 2

10/01/2026-09/30/2027

Option Period 2 Firm-Fixed Price CLINs

TOTAL FFP

OPTION PERIOD 2

OPTION PERIOD 3

10/01/2027-09/30/2028

Option Period 3 Firm-Fixed Price CLINs

TOTAL FFP

OPTION PERIOD 3

OPTION PERIOD 4

10/01/2028-09/30/2029

Option Period 4 Firm-Fixed Price CLINs

TOTAL FFP

OPTION PERIOD 4

Pricing This is a Firm-Fixed Price (FFP) contract

C - Description/Specifications

Contents

C.1 ADMINISTRATIVE INFORMATION

This subsection provides general information, facility descriptions, mission statements, and definitions related to this specification and Federal Law Enforcement Training Centers (FLETC), Artesia, New Mexico.

Except for Government-Furnished Property (GFP), the Contractor shall furnish all personnel, supervision, management, equipment, materials, transportation, and supplies required to plan, schedule, coordinate, and assure effective performance of all required services necessary to provide facility operational and training support services for FLETC, Artesia, New Mexico.

Unless otherwise stated in this description/specification/work statement, the regular business hours at FLETC shall be 0700 to 1700 (Monday-Friday).

The Contractor shall provide an on-site qualified contract manager (Project Manager) from 0700 to 1700 Monday through Friday, excluding Federal holidays, who will also be on-call 24 hours a day, seven days a week, to administer all services described in the following specifications, receive any complaints concerning the contract requirements, and rectify the causes of the complaints.

Electronic Data Interchange (EDI) refers to direct computer to computer exchange of data that is machine readable and can be processed using a public standard. FLETC is committed to the use of EDI to improve the quality and timeliness of program management data, establish consistent methods, and streamline processes and procedures. The preferred medium for delivery of reports, requests, and daily communication to the Government must be electronic and compatible with most current Microsoft products and uploaded to the Government TEAMS provided channel(s). Any software provided by the vendor must be compatible with most current Microsoft software(s). The contractor shall ensure all personnel with reporting/communication requirements are trained and experienced with the electronic interface and capable of communicating/reporting with the government using this method. Government network and email access will only be attainable with a Government computer and Tier II clearances, those granted this access shall ensure they are utilizing the government provided emails to conduct business and correspondence for work related to this requirement. Maintaining network and email access requires contractor staff to log in and utilize these parameters, routine loss/habitual lack of use may cause privileges for these applications to be revoked.

C.1.1 Facility Descriptions and Mission Location FLETC is located at the corner of 13th Street and West Richey Avenue, approximately at the northwest corner of the City of Artesia, New Mexico. The city is located at the intersection of U.S. Highway 285 and 82.

Description FLETC encompasses approximately 2,620 acres of Government real property, including firearms ranges. The Facilities have limited access with controlled gates. The Contractor may experience a delay in entering the Facilities due to vehicle inspections, registrations, failure to present proper identification, non-use of seat belts, etc. No price adjustments will be made for any delays resulting from gate controls.

A representative listing of existing buildings, structures, and facilities is in Section J, Attachment 24.

Mission FLETC, or “the Facility,” is host to approximately 88 participating agencies/bureaus and is responsible for providing specific core instructional law enforcement programs and various support services. FLETC has on-facility housing for approximately 1800 students and occasionally houses additional students off-facility in local motels/hotels. The Facility and participating agencies have a staff of roughly 500.

Scope Performance specifications describe the service to be performed and provide the Contractor with quantities, limits, or areas that services cover. The Contractor shall be responsible for achieving the results described in the specification for Project Management, Quality Control, Equipment and Uniform Issues, Recreational Support, Audiovisual, Educational Aide Support, and Role Players.

C.1.2 Projected Workload The projected workload for this contract is delineated as historical data (see Section J Attachment 22) or an estimated number of occurrences in each paragraph. The workload volume is subject to fluctuation in the number of students attending the various training programs. The Contractor is provided with the Student Administration and Scheduling System (SASS) to download reports, which the Contractor shall use to verify requirements.

The Government will provide access to the Contractor's class schedules via the Student Administration and Scheduling System (SASS), which the Contractor shall use to project requirements under this contract. The Contractor is responsible for supporting any Government changes to the class schedule at no additional cost. The Government will attempt to provide the Contractor five (5) days advance notice of any changes to the class schedule; however, changes sometimes occur at the last minute, and the Contractor will be responsible for those changes.

Work required supporting new or changed facilities, not included in Section B, will be added, as needed, by contract modification by the FAR 52.243-1 Changes-Fixed Price Clause in Section I.

C.1.3 References and Technical Documents The Government will furnish all required forms and publications in Section J; publications including FLETC Traffic Regulations, Lock & Key Management Program, and Environmental and Safety Requirements.

The Contractor shall maintain a technical library of all technical data-related information to the services specified in the contract. The library will include FLETC directives, applicable government publications and regulations, specifications, change orders, and trade reference materials. The Contractor shall maintain technical and reference materials and data supplied for the entire performance period. The Contractor shall order, maintain, and update the publications and forms provided. The Contractor shall ensure that equipment manuals and other appropriate technical data are obtained as the materials become available.

All documents obtained and collected during this contract's performance shall remain the government's property. When supplements or amendments to existing publications are issued, the Contractor shall immediately implement those changes, which result in a decrease or no change in the cost of performance under this contract. Before implementing a change that will result in an increase in price, the Contractor shall submit to the CO a request for equitable adjustment (REA) within twenty (20) calendar days following receipt of the change by the Contractor. Failure of the Contractor to submit an REA within twenty (20) calendar days following receipt of the change implies concurrence with the changes at no additional price.

C.1.3.1 Abbreviations, Acronyms and Definitions The abbreviations, Acronyms, and Definitions used throughout this document are defined in Section J—Attachment 1.

C.1.4 Government Furnished Facilities, Equipment, and Property (GFE and GFP) The Government shall provide, without cost, the facilities, equipment, and materials listed in Section J, Attachments 23. The listing of GFP, GFE, and facilities shall not be construed as sufficient or adequate to meet the requirements of this contract. The Contractor shall provide any additional facilities required. Land, facilities, and utilities provided by the Government shall be used only for the performance of work related to this contract. The Contractor shall not construct any new building facilities or structures on Government property nor make any structural changes or alterations on the provided buildings without the express written approval of the Contracting Officer (CO). Structural repairs required during the contract term shall be reported to the COR for appropriate action. The Contractor shall reimburse the Government for repairs not attributable to fair wear and tear. FLETC parking is minimal, with Government staff and students having priority; the Government will designate areas for Contractor staff parking after award-lack of sufficient parking space does not relieve the Contractor from being fully staffed and available for the support required.

The Government will furnish the Contractor with available space to store an inventory of bulk supplies, replacement parts, and the equipment to be used in the work performance under this contract. The Government will determine what space is available. Cited storage facilities shall be used exclusively for this contract only. Anticipated office space shall be located in buildings 187 and 1006 (approximately 3300 square feet). The Government will provide cleaning of the lobby (spaces utilized by students, staff, and contractors) and bathrooms. The Contractor shall be responsible for cleaning and sanitizing their occupied area(s) of the buildings as required by industry standards. Contractors shall utilize materials and supplies that comply with the Government’s Greening Initiatives. Safety Data Sheets (SDS) of cleaning and sanitizing supplies shall be submitted to the CO for approval before products are obtained for use in the Center. The Contractor shall dispose of all trash in the nearest appropriate refuse container. This includes the garbage located adjacent to the building(s) entrance(s) (up to twenty (20) feet); the Government will be responsible for dumpster pick up. All Contractor spaces shall be maintained neatly and in orderly condition. The Government will not be responsible for damage or loss to the Contractor’s stored supplies, materials, replacement parts, or equipment. This storage space may not be adequate to meet the requirements of this contract.

The Government shall provide one (1) computer, monitor, keyboard, and mouse in the PM office, Bldg. 2 Uniform Issue, Bldg. 2 Equipment Issue, Bldg. 8 Equipment Issue, two (2) for the Educational Aides, and two (2) for the Role Player Coordinator/Scheduler. The Educational Aids will have access to a multi-functional printer/scanner the Government provides.

Breaks by Contractor employees shall not be taken in any Government staff or training areas. Contractor employee breaks shall not disrupt Government business, training, or staff areas, or other Contractor’s business or assigned areas.

At the beginning of the contract, the Contractor shall acknowledge in writing to the Inventory Management Specialist an inventory and receipt of all Government-furnished accountable property and non-accountable property; a copy of the acknowledgment shall be furnished to the COR. The Contractor shall appoint a property custodian and backup custodian to maintain and manage Government-furnished property, perform routine inventory checks, and manage the Government inventory database (currently Sunflower) for the property provided in Attachments in Section J. There are presently four separate accountable property lists associated with the Training Support Services. The Contractor shall inventory equipment such as firearms and radios at least every thirty days (however, see the Firearms requirement in Section C.3.3 for further guidance) and all others annually. The Contractor shall assist in identifying excess, obsolete, or worn-out GFP by promptly initiating a form FTC-ADM-44 "Survey Report" (Sample in Section J Attachment 28) and submitting it to the COR. The Contractor shall notify the COR and Property Administrator for verification and removal of excess/surveyed property.

Note: During the Phase-in and Phase-out periods, the incoming and outgoing contractors, with Government representatives present, will conduct joint inventories.

GFP shall be managed by the guidelines outlined in the GFP clauses of this contract. The Contractor shall provide the COR with an updated quarterly listing of office supplies. The Contractor listing shall include:

· FLETC Bar Code and Nomenclature

· Value Upon completion of this contract, the Contractor shall submit, in a form acceptable to the Contracting Officer, inventory schedules covering all items of Government property not consumed in the performance of this contract.

The Contractor shall furnish all consumable supplies except those specifically identified in the contract as government-supplied. The Contractor shall order consumable supplies and equipment specified as government-supplied using routine procurement ordering procedures and forms. Contractor Purchase Requisitions must be approved by the COR and CO (See C.2.3.4 for ordering guidelines and instructions).

Any Government property going off FLETC (for example, equipment calibrations, equipment repairs, etc.…) requires a temporary hand receipt. The Contractor shall prepare the FTC-ADM-80 “FLETC Inventory Control Form” (Sample in Section J, Attachment 27) and provide a copy to the COR. Once the property returns to FLETC, notification of the return and the condition of the property shall be provided to the COR in writing.

Damage to Government property resulting from the Contractor’s work or negligence shall be repaired or replaced by the Contractor at no cost to the Government.

C.1.5 Contractor Furnished Property The Contractor shall provide all collateral office furniture and equipment such as desks, file cabinets, calculators, computers, typewriters, copy machines, consumables, and general office supplies. The Contractor shall provide all facilities, equipment, and materials not provided as GFP as necessary to fulfill the contract's requirements.

The Contractor shall furnish everything required to perform the work prescribed within this specification, except for those expressly stated to be Government-furnished (See Section J). All items are subject to inspection for compliance with all existing safety and health standards. The contractor’s equipment shall be of a size and type suitable for accomplishing the various types of work described. Equipment shall always be in operating condition as designed by the equipment manufacturer.

The Contractor shall ensure that all equipment, tools, and cleaning gear not in actual use are stored in designated storage areas to ensure the safety of both Government and Contractor personnel.

All electrical equipment shall be third-wire grounded or double-insulated and equipped with a 3-conductor electrical cord, which is approved and properly rated by the Underwriters Laboratory, Inc.; permanently attached to the machine; and equipped with proper fittings to operate from corridor or office outlets. Electrical equipment shall not exceed the rated capacity of the circuits it operates in. No Government equipment shall be unplugged from receptacles to accommodate Contractor equipment.

The Contractor shall maintain safe and efficient offices, vehicles, shops, warehouses/storerooms, and outdoor areas that are clean, orderly, and clutter-free. Contractor staff shall ensure supplies and tools are stowed to prevent them from falling, tripping, or unsanitary hazards during and after use.

Equipment, tools, and gear used by the Contractor shall be subject to inspection by the Government. The Contracting Officer may reject the use of equipment, vehicles, tools, and gear determined to be in non-compliance with the requirements of this specification.

Unless specified otherwise in this specification, the Contractor shall furnish all materials and supplies required to perform the work prescribed in this contract.

Samples of all materials and supplies shall be submitted to the Government for approval before the start of work. The Government shall submit and approve new, changed, or substituted materials or supplies before being used. No materials or supplies shall be used which will cause damage to equipment, facilities, or other items being cleaned. Materials and supplies that do not fully comply with FLETC Safety Regulations or are highly caustic or toxic shall not be used or permitted in any building or areas covered by this contract. An inventory of all hazardous materials intended for use under this contract and their respective SDS shall be submitted to IAW the Facility Hazardous Material and Waste Management Plan (HMWMP) for approval by the Facility FLETC Environmental Specialist.

Hazardous Waste Material Management-All Hazardous Material acquisitions, receiving, distribution, storage, and accountability shall be accomplished by FLETC-OAO HWMP provided in Section J, Attachment 14.

The Government acquires trash containers and removal services from the City of Artesia. As part of the acquired services, the city provides city-owned containers placed strategically throughout the facilities to collect trash from government operations, training, and student residents/household activities. Note that recycling is the preferred method of disposal in every instance.

All Hazardous and Universal Waste generated by the contractor shall be managed and disposed of by FLETC-OAO HWMMP (refer to C.2.1.10).

C.1.6 Lost and Found Property Lost and Found Property shall be placed in a contractor-furnished bag with identification information, including the owner's name (if known), the location of the property, and the date found. The Contractor shall hold the property for five (5) business days; if the property is not claimed on the sixth (6th) business day, the Contractor shall deliver the property to the Government (destination and point of contact to be determined after the contract award). This includes property found in any vehicles, locker rooms, classrooms, training venues, etc.… Lost and Found property does not include perishable items or consumables (i.e., foods, travel-size toiletries, empty boxes, etc.…).

C.1.7 Contractor Personnel Requirements The Contractor shall employ responsible and competent personnel who can meet and perform the requirements of this contract and ensure services are continued without disruption to students or staff. The Contractor shall be able to respond immediately to various work requests/work orders and trouble calls involving multiple trades. The Contractor shall employ persons able to speak, read, write, and understand English fluently for those positions interacting with Government personnel and customers in the performance of this contract. Contract employees shall wear distinctive uniform clothing for ready identification and ensure every employee wears their Government always provided badge/card above the waist and below the neck. Uniforms shall be clean and neat, without holes, rips, or significant stains. Pant/slacks shall not be ripped or have holes. The CO shall approve uniforms before the start of the contract; colors shall not match those of students (royal blue or red).

The Contractor shall ensure that Contractor personnel operating vehicles possess a valid State Driver’s License with the correct endorsement for the vehicle size and type to be driven. The Contractor shall also ensure annually that each employee has a relevant and current driver’s license.

The Contractor shall ensure all employees are courteous and professionally conduct themselves. Cellular phones and other electronic devices shall not be utilized during business hours unless they are in specific use for work described within this scope or during designated break and lunch periods.

The contractor shall ensure that all personnel with reporting/communication/data entry requirements are trained and experienced with electronic interface and capable of communicating/reporting with the Government using this method.

If electronic databases/software becomes damaged, inoperable, offline, etc.., the Contractor shall ensure all transactions, reports, logs, and collections are performed manually until electronic interfaces are corrected/restored (e.g., issue cards, inventory spreadsheets, etc..).

The Contractor shall be responsible for creating, maintaining, and disposing of only those Government records cited explicitly in this PWS or required by the provisions of mandatory directives, state or local directives, accreditation requirements, or general reporting requirements. If requested by the Government, the Contractor shall provide the original record or a reproducible copy of any such record within five (5) business days of receipt of the request.

C.1.7.1 Key Personnel

NOTE: The contractor shall structure his workforce to the level of work stated in these specifications.

Leads or additional key personnel shall be able to read, write, speak, and understand English, capable and experienced in the type of work they are assigned under this contract, possess EDI skills, be physically able to perform their assigned work, and be free of infectious disease(s). These positions shall be available to the Government during business hours and can communicate with the COR or CO. Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as “Key Personnel” and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replace without compliance with the following;

1. If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding forty-five (45) work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer or an authorized representative, with the additional time authorized by the CO if the CO finds it reasonable replace personnel with personnel of equal ability and qualifications.

2. All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing.

a. If the Contracting Officer determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.

b. The following positions are identified as Key Personnel:

i. Project Manager

ii. Alternate Project Manager

iii. Quality Control Technician

iv. Role Player Supervisor

C.1.7.2 Project Management The Contractor shall submit a resume for project management personnel and any proposed replacements. Project Management shall maintain communication with the Government during normal duty hours and after hours for emergencies. Project Management staff shall not serve multiples positions and be compensated for all positions. Example: QC fills in for APM. It is the responsibility of the contractor to hire staff and retention plans. This will be reflected in Contractor Performance Assessment Reporting System (CPARS). See Key Personnel.

These personnel shall be subject to the Contracting Officer’s approval. The Project Manager and Assistant Project Manager must meet the minimum requirements as follows:

1. Project Manager

a. The on-site Project Manager (PM) shall have previously had experience (a minimum of one (1) year) as a PM on federal contracts of similar size.

b. Demonstrated experience and working knowledge typical of work under this contract (for example, Scheduling, Inventory, Issue, Role Players, etc.…).

2. Alternate Project Manager

a. The on-site Alternate Project Manager (APM) shall have previously had experience (a minimum of one (1) year) as an APM on similar-size Federal Contracts or equivalent (i.e., Quality Control, Operational Management of Federal contracts).

b. Demonstrated experience and a working knowledge typical of work under this contract (for example, Scheduling, Inventory, Issue, Role Players, etc..…).

The Project Manager and Alternate Project Manager shall have the authority to speak for and act for the Contractor in all matters related to providing services under this contract. This delegation of authority includes but is not limited to all matters concerning the day-to-day effective operation of Training Support services such as personnel supervision, training, purchasing, and cost controls.

A designation letter shall be included with the resume(s) and cite any limitations to the Project Manager’s/Alternate Project Manager’s ability to bind the Contractor to changes, purchases, or adjustments. The letter shall site specific dollar levels PM and APM may bind the contractor to.

The Project Manager and Alternate Project Manager shall be always on-call and available when not on duty. The Contractor shall provide the CO, in writing, the name(s) of the designated on-site PM and APM(s) who shall act for the Contractor when the PM is absent, the telephone number(s) where contact may be made at all times and the assigned normal area of responsibility. There shall be no extra funding for these positions if more days are needed (example; training day/non-training day, Saturday, Sunday, weekend, or Holiday).

NOTE: The PM or APM(s) shall be on-site at FLETC when work is performed. During regular duty hours, the Project Manager or Alternate(s) shall be available within thirty (30) minutes' notice to meet at the Center with Government personnel designated by the Contracting Officer to discuss contractual issues. After regular duty hours, the Project Manager or designated Alternate shall be available on-Center within two (2) hours.

The Project Manager and Alternate(s) shall be able to read, write, speak, and understand English, capable and experienced in the type of work they are assigned under this contract, physically able to perform their assigned work, and free of infectious disease(s).

C.1.7.3 Quality Control Technician (QCT) Prior to assignment of the contract, the Contractor…